-

REQUEST FOR PROPOSALS

State of Arliona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ. 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

In accordance with A.R.S. § 41 -2534, competitive sealed proposals will be received by the Department of
Corrections, Rehabilitation & Reentry for Prison Management & Operations, for 2,706 medium and close
custody contract beds.
At this time funds are not currently available and any contract awarded will be conditional upon the
availability of funds.
Offer Submission - Due Date and Time
Offers are due no later than Friday, August 6, 2021, at 3:00 pm (MST) Arizona time, as indicated in the
online Arizona Procurement Portal (APP).

Offer Submittals:
Offers shall be submitted electronically through APP at https://APP.az.gov. Offers received through APP
by the due date and time will be electronically opened.
Offers submitted outside of APP, or those received after the due date and time, shall be rejected.
A Pre-Offer Conference has been scheduled. For details, please see page 129, Special Terms and Conditions,
Paragraph 2.2.
All questions concerning the solicitation shall be submitted in writing through Arizona Procurement Portal
(APP) "Discussion Forum", and are also to be sent via email to dbrackney@azadc.gov, no later than July 29,
2021, at 12:00 Noon (MST) Arizona Time.
For assistance in submitting an offer, Offerors are encouraged to use the Quick Reference & Step by Step
Guide "Submitting an Offer" found at https://spo.az.gov/app/supplier/training. Additional assistance is
available through the APP Help Desk which can be contacted via email at APP@azdoa.gov or via telephone
at (602) 542-7600. Offerors are encouraged to submit any requests for assistance in a timely manner in order
to meet the proposal due date and time.
OFFERORS ARE STRONGLY ENCOURAGED TO DOWNLOAD AND CAREFULLY READ ALL
SOLICITATION DOCUMENTS IN THEIR ENTIRETY BEFORE COMPLETING/SUBMITTING AN
OFFER.

Solicitation Contact:
David Brackney, Sr. Procurement Specialist
Arizona Department of Corrections, Rehabilitation & Reentry
Phone: 602-364-3796
Email: dbrackney@azadc.gov

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

Table of Contents
1 Scope of Work............................................................................................................................ 5
1.1 Introduction ....................................................................................................................................................5
1.2 Definitions ......................................................................................................................................................8
1.3 Proposed Site ................................................................................................................................................15
1.4 Licensing and Additional Requirements ......................................................................................................16
1.5 Investigations ...............................................................................................................................................20
1.6 Contract Monitoring Activities ...................................................................................................................21
1.7 Performance and Monetary Offsets ..............................................................................................................29
1.8 Contractor’s/Subcontractor’s Qualifications ................................................................................................33
1.9 Facility Management ....................................................................................................................................43
1.10 Financial .....................................................................................................................................................57
1.11 Staffing .......................................................................................................................................................64
1.12 Correctional Services .................................................................................................................................75
1.13 Health Services ...........................................................................................................................................92
1.14 Physical Plant/Structure Design ...............................................................................................................115
1.15 Invoicing/Payments ..................................................................................................................................123
1.16 Reports .....................................................................................................................................................127

2 Special Instructions to Offerors ........................................................................................... 129
2.1 Order of Precedence ...................................................................................................................................129
2.2 Pre-Offer Conference .................................................................................................................................129
2.3 On-site Visit ...............................................................................................................................................129
2.4 Submission of Offer ...................................................................................................................................129
2.5 Format of Proposal Submission .................................................................................................................129
2.6 Questions, Clarification or Interpretations .................................................................................................132
2.7 Referenced Documents ..............................................................................................................................132
2.8 IT 508 Compliance .....................................................................................................................................132
2.9 Proposal Opening .......................................................................................................................................132
2.10 Responsibility, Responsiveness and Acceptability ..................................................................................132
2.11 Evaluation.................................................................................................................................................133
2.12 Discussions ...............................................................................................................................................134
Page 2

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

2.13 Public Hearings ........................................................................................................................................134
2.14 Documents for Award ..............................................................................................................................134
2.15 Investigations ...........................................................................................................................................134
2.16 Rejection of Offers ...................................................................................................................................134

3 Special Terms and Conditions ............................................................................................. 135
3.1 Term of Contract ........................................................................................................................................135
3.2 Contract Extension .....................................................................................................................................135
3.3 Authority to Contract .................................................................................................................................135
3.4 Non-Availability of Funds .........................................................................................................................135
3.5 Press and Publicity .....................................................................................................................................135
3.6 Multiple Awards .........................................................................................................................................135
3.7 Cancellation ................................................................................................................................................136
3.8 End of Contract Transition .........................................................................................................................136
3.9 Pricing ........................................................................................................................................................137
3.10 Price Reduction ........................................................................................................................................137
3.11 Business Standing A.R.S.§ 10-1501 ........................................................................................................137
3.12 Performance Bonds ..................................................................................................................................137
3.13 Liquidated Damages for Loading and Deactivation of Inmates...............................................................138
3.14 Confidential Business Information...........................................................................................................138
3.15 Department Policy and Procedures ..........................................................................................................138
3.16 Notice Warning ........................................................................................................................................138
3.17 Contraband ...............................................................................................................................................138
3.18 Federal Prison Rape Elimination Act 2003 ..............................................................................................139
3.19 Unlawful Sexual Conduct ........................................................................................................................139
3.20 Indemnification ........................................................................................................................................140
3.21 Insurance Requirements ...........................................................................................................................140

Attachments ..........................................................................................................................................................
Attachment 1

Offer and Acceptance, (TAB 1)

Attachment 2

Deviations and Exceptions Form (TAB 3)

Attachment 3

Designation of Confidential, Trade Secret & Proprietary Information (TAB 4)

Attachment 4

Additional Materials Form (TAB 9)
Page 3

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

Attachment 5

Administrative Information (TAB 13)

Attachment 6

Identification of Subcontractors (TAB 7)

Attachment 7

References (TAB 8)

Attachment 8

Occurrence and Vacancy Sample/Template (TAB 10)

Attachment 9

Fee Schedule (TAB 5)

Attachment 10

Budget Narrative (TAB 6)

Attachment 11

General Staffing Pattern (TAB 11)

Attachment 12

Position Description (TAB 12)

Exhibits .........................................................................................................................................
Exhibit 1

Certificate of Insurance

Exhibit 2

Types of Department Written Instructions

Exhibit 3

Department’s Technical Services Training Requirements

Exhibit 4

Per Diem Invoice

Exhibit 5

Supporting Detail for Per Diem Invoice

Exhibit 6

Corrections to Previous Monthly Invoice(s)

Exhibit 7

NOT USED for this Solicitation

Exhibit 8

Inmate Time Sheet for Work Activities

Exhibit 9

Notice of Option to Purchase - Not Required for this Solicitation

Exhibit 10

Required Reporting

Exhibit 11

Health Services Licenses/Certificates: Issuing Entity Information

Exhibit 12

Consent to Search

Exhibit 13

Confidentiality Agreement

Applicable Documents available online in APP
Uniform Terms and Conditions (Version 9 – Updated: July 1, 2013) see attached Arizona Procurement
Portal file titled: “Uniform Terms and Conditions – BPM003512”
Uniform Instructions to Offerors (Updated: January 28, 2020) see attached Arizona Procurement Portal
file titled: “Uniform Instructions to Offerors – BPM003512”

Page 4

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1

SCOPE OF WORK
1.1

INTRODUCTION:
The State of Arizona is in the process of closing its ASPC-Florence prison
facility. Part of the solution for a comprehensive transfer plan will include
privately owned and operated facilities for medium and close custody male
inmates. As authorized by A.R.S. § 41-1609, Arizona Department of Corrections,
Rehabilitation & Reentry is seeking proposals for the provision of housing,
management and operations services at a privately-owned prison facility(ies) for a
total of 2,706 medium and close custody male inmates, with inmate loading to
begin as soon as practicable. Offerors may submit proposals in any increments up
to 2,706 inmates. Any proposed facility(ies) should comply with custody
standards in accordance with Department Physical Plant Standards, and are
subject to Department approval.
1.1.1

The Department reserves the right to award contracts to multiple contractors.
The actual utilization of any contract will be at the sole discretion of the
Department. The fact that the Department may make multiple awards should be
taken into consideration by each Offeror.

1.1.2

The State of Arizona is seeking qualified Offerors who will:
1.1.2.1

Maintain effective custody and control over inmates in an
environment that is safe, secure and humane. This includes
safeguarding the public, staff, and inmates through the efficient, safe
and secure operation of the prison facility, ensuring that all security
and operational requirements are fulfilled, and unfavorable
occurrences are prevented. Offerors shall comply with the
requirements of Arizona Revised Statutes (A.R.S.) §§ 41-1609, 411609.01, 41-1609.02, 41-1609.03, and 41-1609.04; Offerors’
attention is drawn to 41.1609.01 (G) which states: “A proposal shall
not be accepted unless the proposal offers cost savings to this state.”

1.1.2.2

Present a systematic correctional approach to advance Arizona’s
growing continuum of evidence-based security practices and inmate
focused program services. This should be accomplished through, and
in alignment with, sound correctional practices. Proposed security and
program systems should reinforce inmate’s responsibility, motivation,
and ability to daily practice pro-social thinking, civil behavior and
positive decision making. The goal is to support the evidence-based
outcomes of literacy, sobriety, employability and successful reentry
into society to reduce recidivism. The Department recognizes that the
method to reach these intended goals is to ensure each inmate has an
individual corrections plan beginning on the first day of incarceration
Page 5

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

and continuing through the end of community supervision. Offeror
should describe how it will implement a corrections plan for each
inmate in their custody.
1.1.2.3

Provide inmate housing consistent with custody level requirements.
All beds may be located within the same prison complex. Beds must
be cell environments for both close custody and medium custody
inmates. For all beds, units, and/or complexes, the Offeror should
propose facilities which meet custody standards consistent with the
Department Physical Plant Standards which can be found at:
https://corrections.az.gov/sites/default/files/documents/PDFs/adcengineering-pps-manual_rev_030519.pdf
1.1.2.3.1

1.1.2.4

1.1.3

Since the Department’s Physical Plant Standards apply to
new construction of both ADCRR facilities and contracted
private facilities, minor deviations may be reviewed and
considered for existing or expanded facilities.

Provide inmate housing at an existing facility(ies); however, Offerors
may propose an expansion of an existing facility by demonstrating
that the facility will meet sound correctional practices, an acceptable
loading schedule, and the Department's intent that each inmate will
receive a corrections plan.

The Department is seeking offers that provide housing for 2,706 medium custody
and/or close custody beds.
1.1.3.1

The estimated number of medium custody beds is 1,606, and the
estimated number of close custody beds is 1,100. Offeror should
clearly state in its proposal how many of each custody level inmates it
can accommodate at its proposed facility(ies).

1.1.3.2

Funding for this project, including any resultant contract(s), requires
an annual appropriation by the legislature, and the loading and
retention of inmates is fully contingent upon the availability of funds
for each specific State Fiscal Year (July 1 through June 30).

1.1.3.3

No expectancy of additional awards. Any additional award of male
medium and/or close security beds could only be made after specific
statutory authorization. At this time, the Arizona Legislature has not
granted such authorization, and it may not ever do so. Offerors must
take the following into account. Any award under this RFP does not
create any contract rights, property rights or expectancies of any sort
as to any future award(s) of additional beds in excess of the beds
presently authorized. The Department reserves the right to use any
Page 6

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

lawful and legislatively authorized method to obtain any future
additional beds. It is by no means certain that the Department will
need additional beds at any particular time in the future, and nothing in
this RFP or in any resultant contract(s) awarded under this RFP shall
be deemed as limiting the power of the Department to make
discretionary future determinations concerning the need for any
additional beds or the best way to obtain them.
1.1.4

The location of the facility(ies) shall be within the contiguous United States.
Preference shall be given for an Offeror with a facility(ies) located within the
State of Arizona.

1.1.5

The State will analyze the location(s) proposed and factors which affect its
operation and costs which include at a minimum: labor resources, employee cost
of living, officer turnover rates, distance from available housing, criminal justice
recruitment competition, and an acceptable response to each section in the scope
of work.

1.1.6

The provision of all services consistent with the requirements herein (e.g.,
structure, operation, staff, programming, etc.) shall be the basis for deriving a per
diem rate.
1.1.6.1 Services shall include the provision of a structure(s) for the management
and operation of the facility, to include all aspects of prison operations,
e.g., security, staffing, food services, medical services, physical plant,
maintenance, inmate programming consistent with the Department’s
reentry initiative which includes periodic needs assessment,
individualized inmate plans, evidence-based programming and/or work
thirty (30) or more hours per inmate per week, a system of incentives,
discharge planning, and related services.

1.1.7

In order to help satisfy the requirement that all inmates are engaged in school,
work and/or treatment thirty (30) or more hours during the work week, all
Offerors proposing a facility(ies) in Arizona will be obligated to pursue thirdparty Inmate Work Contracts between Arizona Correctional Industries (ACI) and
private companies for inmate employment, consistent with custody level and
sound correctional practices.

1.1.8

Offerors should describe how they will conduct programs to provide
rehabilitation and reentry preparation for inmates.

Page 7

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.2

DEFINITIONS:
1.2.1

For the purposes of this Solicitation, the following definitions, as well as those
definitions provided in Special Terms and Conditions and Uniform Terms and
Conditions that do not conflict shall apply. In the event of conflict, the definition
as stated in Special Terms and Conditions and Uniform Terms and Conditions
shall apply.
1.2.1.1

Activation Date. The activation date is when the first inmate is
received by the contracted bed facility. Activation date also means
load date. The initial two (2) year contract term shall begin on this
date.

1.2.1.2

Arizona Correctional Information System (ACIS). The computerized
portion of the Master Record File maintained for each inmate
committed to the Department. This system is usually identified by its
acronym “ACIS”.

1.2.1.3

Arizona Correctional Industries (ACI). ACI is a key component within
the Department. ACI makes available within the state correctional
institutions opportunities for employment of inmates in jobs which
combat idleness and develop good working habits. ACI provides
training and work experience that will assist inmates in eventually
securing and holding gainful employment outside the correctional
institution.

1.2.1.4

Arizona Health Care Cost Containment System (AHCCCS). A State
agency that offers health care programs to Medicaid-eligible clients.

1.2.1.5

Assault. Intentionally, knowingly, or recklessly causing physical injury
to a person; intentionally placing a person in reasonable apprehension
of imminent physical danger; or knowingly touching another person
with the intent to injure, insult, or provoke such person.

1.2.1.6

Capital Equipment. Item(s) acquired by the Contractor with monies
from all funds, including the Welfare and Benefits Fund (W&B), with
a unit cost of $5,000 or more and a useful life of at least one year.
Unit cost includes applicable sales tax, freight and other ancillary costs
to place the asset in its intended location.

1.2.1.7

Career and Technical Education (CTE). Career and Technical
Education (CTE) is provided to inmates who have received a high
school diploma or earned a General Educational Development (GED)
certificate. CTE consists of classroom instruction and hands-on
application in real-world employment settings providing practical
Page 8

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

training and skills development in disciplines hiring ex-offenders
throughout Arizona and offering sustainable wages. It employs all of
the active ingredients for success in the workplace notably, skillbuilding, classroom instruction, customer contact, quality control,
production timelines, material and raw product costs and teamwork.
CTE strives to create a realistic work and learning environment.
1.2.1.8

Close Custody. A custody level classification for inmates who
represent a high risk to the public and staff. These inmates shall not be
assigned to work outside the secure perimeter of an institution. These
inmates require controlled movement within the institution. Close
custody inmates may be from General Population (GP), or populations
such as Protective Custody (PC) or Sex Offender (SO), based on
Department classification. Definition from Department Order (DO)
801, Inmate Classification and Classification Technical Manual.

1.2.1.9

Close Security General Facility Requirements. A Close Security
facility or unit is constructed to house inmates whose public risk is
high. These inmates present a moderately high risk to the public
should escape from custody occur. The facility should be capable of
restricting inmate movement within the facility. A Close facility could
be a part of a larger complex of prison units. Support functions vary if
the prison is stand alone or part of a larger complex. The maximum
inmate population of a Level 4 unit is 1,000 beds. Physical separation
of inmate populations within a unit may be required depending on
such circumstances as facility design, staffing patterns, and operational
plan and at the minimum; a 1,000 bed unit is to be designed to divide
the recreation area into two 500 inmate yards. The primary
determining objective shall be the need for sound correctional practice,
which ensures the safety of staff and inmates as well as effective
security. Support and program functions should be designed to
minimize inmate movement from yard to yard, and will require some
duplication of functions. ADCRR developed RFP’s and Project
Descriptions may further define facility services and size
requirements. Due to the high level of escape risk of Close Custody
inmates, the facility is designed with a high level of physical security.
The facility shall be designed to withstand abuse, wear and tear, and
require relatively low maintenance.

1.2.1.10 Cognitive Restructuring. A systematic approach to the identification,
analysis and communication of ideas and issues. Cognitive
restructuring is evidence-based methodology by which inmates are
taught how to identify and solve problems and communicate
effectively. The Department utilizes cognitive restructuring as the
basis for all of its programming.
Page 9

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.2.1.11 Contract Facility Operator. Means the same as “Contractor”, the
person or entity that is the legal Contract holder and is legally
responsible for the management and operation of the Contract Facility.
1.2.1.12 Contract Facility Warden. Title of the Contractor’s employee charged
with leading and managing the daily operations of the Contract
Facility.
1.2.1.13 Contractor. Any person who has a Contract with the State. For the
purposes of this solicitation, Contractor means the same thing as
Contract Facility Operator.
1.2.1.14 Corrections Plan. The Department has an automated summary
document to systematically capture each incoming inmate’s Needs and
Risks during the Intake and Assessment process. The needs refer to
specific areas that drive or contribute to an individual inmate’s
criminality. The inmate’s identified needs will be prioritized for
intervention and then incorporated accordingly into the inmate’s
Correction Plan. Inmates are expected to address identified needs and
risks throughout their incarceration and on parole per their
individualized Corrections Plan. The Plan is evaluated and may be
updated annually to reflect the results of the reclassification process.
1.2.1.15 Court Orders and Case Law. Any case law, court orders or judgments
issued by a court of competent jurisdiction and any stipulations,
agreements or plans entered into in connection with litigation that are
applicable to the operation, management or maintenance of the
Department or contract facilities and to the treatment or custodial care
of inmates. Court Orders shall include court orders currently in effect
at the time of the Contract award, and any that may come into effect
throughout the term of the Contract.
1.2.1.16 Department. Department means the
Corrections, Rehabilitation & Reentry.

Arizona

Department

of

1.2.1.17 Department Contract Beds Bureau. The Bureau within Prison
Operations established to closely monitor, evaluate and support private
prisons under contract with the Department. All contract facilities are
closely monitored to ensure that they are managed in accordance with
applicable Arizona Revised Statutes (A.R.S.), Department policies and
procedures, the Department Strategic Plan, and that the Contractor is
in compliance with the provisions of the contract.
1.2.1.18 Department of Corrections Contract Beds Operations Director
(CBOD). Department employee charged with managing Contract
Page 10

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

Facility operations to ensure every Contract Facility Operator is in
compliance with Department Written Instructions and the terms and
conditions of the Contract.
1.2.1.19 Department Contract Monitor. Department employee who ensures that
the objectives of a contract are accomplished and the Contractor meets
its responsibilities.
1.2.1.20 Department Written Instructions. Regulations and management
directives issued by executive staff of the Department. These
regulations and directives govern the administration and operation of
the Department as a whole and the individual institutions consistent
with statutes, rules and sound correctional practices. Unless otherwise
specified, Department Orders (DO), Director’s Instructions (DI), or
Manuals when used herein shall mean all form of written instructions.
See Exhibit 2, Types of Department Written Instructions.
1.2.1.21 Director. The Director of the Arizona Department of Corrections
Rehabilitation & Reentry, or their designee.
1.2.1.22 Emergency Health Care. Care that is necessary to immediately treat
the sudden and unexpected onset of a life- or limb-threatening
condition, i.e., heart attack, stroke, etc.
1.2.1.23 Evidence-Based Programs. Programs supported by sound social
science research; demonstrate reliability and validity over time and in
different settings if implemented with integrity. This concept does not
preclude innovation.
1.2.1.24 Health Care Plan. An operational overview of the approach the
contract health care provider shall undertake in the delivery of health
care to the inmate population. A plan which outlines their expectation,
approach, and methodology in the field of prison health care. One
which addresses their working relationship with security factions
within the prison, and how as a team, routine and emergency health
care is accomplished. The plan shall cover Health Services Staff
deployment and acceptable inmate waiting time for all levels of health
care.
1.2.1.25 Inmate Wages. Compensation that can be earned by inmates in
accordance with A.R.S. § 31-254 and the Department Work Incentive
Pay Program (WIPP).

Page 11

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.2.1.26 In-Service Training. Annual training the Department requires the
Contractor to provide to its employees to meet the training needs of
staff.
1.2.1.27 Institutional Orders. Those procedures prepared by the Contractor and
approved by the Department Contract Beds Operations Director that
are based on Department Written Instructions. The procedures provide
broad direction to the Contractor’s staff in the operation, management
and maintenance of the Contract Facility.
1.2.1.28 Inventorial Equipment. Any item acquired by the Contractor with
monies from any funds derived from the Contract including the
Welfare and Benefits Fund with a unit cost of $1,000 or more and a
useful life of at least one year.
1.2.1.29 Master Record File. The Master Record File consists of information in
ACIS and the hard copy inmate record file. The Department maintains
a master record file for each inmate committed to the jurisdiction of
the Department. Master Record Files are maintained at the Offender
Services Bureau, Offender Information Unit, in accordance with
A.R.S. § 31-221. Any other record or file is a Special Purpose File.
1.2.1.30 Medium Custody. A custody level classification for inmates who
represent a moderate risk to the public and staff. Medium custody
inmates may be from the General Population (GP), or populations such
as Protective Custody (PC) or Sex Offender (SO), based on
Department classification. These inmates shall not work outside the
secure perimeter of an institution and require limited controlled
movement within the institution. Definition from Department Order
(DO) 801, Inmate Classification and Classification Technical Manual.
1.2.1.31 Medium Security General Facility Requirements. A facility or unit is
constructed to house inmates whose public risk is medium. These
inmates present a moderate risk to the public community should
escape occur from custody. The facility shall be capable of restricting
inmate movement within the facility and shall be constructed to an I-3
condition 2 occupancy standard per the International Building Code
(IBC). A facility could be a part of a larger complex of prison units
and as such will be referred to as a medium custody unit. Physical
separation of inmate populations within a unit may be required
depending on such circumstances as facility design, staffing patterns,
and operational plan. The primary determining objective shall be the
need for sound correctional practice, which ensures the safety of staff
and inmates as well as effective security. Support and program
functions shall be designed to minimize inmate movement from yard
Page 12

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

to yard and may require some duplication of functions. Medium
Custody inmates shall be housed in a cell environment.
1.2.1.32 National Commission on Correctional Health Care (NCCHC).
Originally a subsidiary of the American Medical Association (AMA),
the NCCHC promulgates standards for the elective certification of
health care delivery systems in individual adult jails and prisons and
juvenile detention and confinement facilities.
1.2.1.33 Non-Inventorial Equipment. Items that are individually under $1,000,
but collectively may be over $1,000, i.e. dishes, tables, chairs, trays,
office supplies, etc.
1.2.1.34 Offeror. A person who submits a proposal in response to this
solicitation; upon ADCRR’s acceptance of an Offer, “Offeror” shall
have the same meaning as “Contractor” in order to give proper
meaning to the Contract.
1.2.1.35 Position. Employment consisting of a 40-hour work week during a
seven-day period, i.e. full-time. One full-time position is filled with
one employee; exceptions require pre-approval.
1.2.1.36 Post. The location(s) where a full-time employee is assigned to
perform his/her duties.
1.2.1.37 Post Orders. Written orders related to the Contractor’s procedures that
have been prepared by the Contractor and approved by the Department
of Corrections Rehabilitation & Reentry, Contract Beds Operations
Director or designee. Post Orders provide direction to Contractor’s
staff regarding responsibilities assigned to specific posts in the
Contract Facility.
1.2.1.38 Pre-Service Non-Security Training. Training equivalent to the
Department curricula that the Contractor is required to provide to all
non-security staff, including volunteers, subcontractors, and
independent contractors, as well as the employees, agents or
representatives of subcontractors or independent contractors who work
for or provide services to the Contractor at the facility.
1.2.1.39 Pre-Service Security Training. Training equivalent to the Department
Correctional Officer Training Academy (COTA) curricula that the
Contractor is required to provide to all staff designated as Security
Officers.

Page 13

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.2.1.40 Reentry. Preparation for release begins during Intake and continues
throughout inmates’ incarceration and community supervision.
Reentry encompasses the workday and recreation time in prison,
maximizing every inmate’s opportunity to acquire and apply pro-social
skills.
1.2.1.41 Security Agency. An agency that has qualified to receive a license
from the Arizona Department of Public Safety (DPS) in accordance
with A.R.S. Title 32, Chapter 26, Article 2, if applicable. If outside
Arizona, an agency similarly licensed in the state in which the
proposed facility is located.
1.2.1.42 Security Officer. An employee of the Contractor to whom a
"registration certificate" has been issued by DPS in accordance with
A.R.S. Title 32, Chapter 26, Article 3, if applicable, or other
certification approved by the Department. Security Officers include
Major, Captain, Lieutenant, Sergeant, and all Correctional Officers,
including CO IIIs and CO IVs. Where an Offeror may use differing
job titles, those deemed equivalent to ADCRR job titles will apply. If
outside of Arizona, then Offeror’s staff are to be similarly registered in
the state in which the proposed facility is located.
1.2.1.43 Special Purpose Files. Department records that are transferred through
the correctional system with the inmate and provided to the Contractor
for those inmates assigned to the facility. Special Purpose Files
include, at a minimum, the field (institutional) file as well as property,
medical and visitation records.
1.2.1.44 Subcontractor. Pre-approved entities with which the Contract Facility
Operator initiates contractual agreements for the purpose of providing
services to the inmates as defined within the prime Contract, i.e., food
services, medical treatment, etc. Subcontractors do not include those
contractual agreements which concern the maintenance of the facility,
i.e., trash collection, pest control, office equipment, maintenance
agreements, etc.
1.2.1.45 Transition-specific Planning. Six (6) to twelve (12) months prior to
release, all inmates shall participate in transition-specific planning
provided by CO III (caseworker) and parole staff. Transition-specific
planning has six facets. Inmates admitted to the Department with less
than six (6) months to serve confined, receive transition-specific
planning immediately upon assignment to their housing units.
1.2.1.45.1 The six facets are: Public Safety (State Driver’s License or
ID, community notifications, Sexually Violent Predator
Page 14

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

(SVP) registration); Public Health (30-day medication predispensed, AHCCCS eligibility); Crime Victims (victim
notification, restitution, reentry courts); Workforce
development (full-time employment, replacement Social
Security card, and financial planning); Housing and
transportation (safe, sober and affordable housing); and
Families and communities (child custody, child support,
voter reinstatement).
1.2.1.46 Welfare and Benefit Fund (W&B Fund). Fund established and
managed by the Contractor which shall be used for the benefit of State
inmates. Funds may be used to pay for equipment or services in a
manner approved by the Department and complying with Department
Written Instructions regarding Inmate Store Proceeds Fund (Inmate
Activities and Recreation Fund [ISP Fund]). Monies for the W&B
Fund shall be generated from profits made on the sale of commissary
items and may include revenue received for the inmate telephone
system. W&B Fund financial reports shall be submitted monthly to the
Department Fiscal Services Unit in the format specified by the
Department.
1.2.1.47 Work. Contractor’s Work under any resulting contract is the totality of
the materials and services and all the acts of administration, creation,
production, and performance necessary to fulfill, and incidental to
fulfilling, all of the Contractor’s obligations and duties under the
contract in conformance with the contract and applicable laws.
1.3

PROPOSED SITE: The location of the facility(ies) shall be within the contiguous United
States.
1.3.1

1.3.2

Offerors shall provide the following information regarding the facility site(s):
1.3.1.1

The individual or entity that holds legal title to the property. Offerors
shall have full ownership and legal title to the property or show
evidence of full legal right to use the property and for how long.

1.3.1.2

Complete address of the proposed facility.

1.3.1.3

Location of the Contract Facility site, to include the legal description.

1.3.1.4

Documentation demonstrating approval, preliminary approval or
consideration of the proposed site by an approving authority(ies) in the
geographical area, as applicable.

The Offeror shall demonstrate medical accessibility to outside services.
Page 15

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.3.3

1.3.2.1

The Offeror shall identify hospital facilities within thirty (30) minutes
of the facility.

1.3.2.2

Hospital facilities shall be available to provide complete hospital care
and emergency services twenty-four (24) hours per day, seven days
per week for inmates assigned to the facility.

1.3.2.3

Demonstrate medical accessibility to outside services, including the
hospital location, time for transport to the hospital by ground and air
transportation, and a description of available services. Specialty
services such as cancer treatment, diagnostic testing (e.g., MRI, PET,
CT scans), substance abuse, and mental health services not available in
the facility should be available within a reasonable distance.

The Offeror shall demonstrate that the facility location(s) proposed is viable in
terms of factors which affect its operation and costs.
1.3.3.1

1.4

The Offeror’s response shall include information regarding the
following for each geographic area in which a proposed facility is to
be located:
1.3.3.1.1

Availability of labor resources in all employment
categories required to operate the proposed prison facility;

1.3.3.1.2

Employee cost of living;

1.3.3.1.3

Distance from available housing;

1.3.3.1.4

Criminal justice recruitment competition;

1.3.3.1.5

Current correctional officer/detention officer turnover rates
in the area, if available.

LICENSING AND ADDITIONAL REQUIREMENTS
1.4.1

The Offeror shall be a currently licensed security agency and shall provide proof
by copy within their proposal response.
1.4.1.1

The Offeror shall be licensed in accordance with A.R.S. Title 32,
Chapter 26, Article 2, as applicable, or similarly licensed in the state in
which the proposed facility is located.
1.4.1.1.1

The requirements of A.R.S. Title 32, Chapter 26, Article 2,
§32-2613(C)(2) shall not limit in any way insurance
requirements stipulated by this Contract.
Page 16

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.4.1.1.2

1.4.1.2

Non-compliance with the insurance requirements shown in
Section 3.29 of this solicitation shall be considered an
Event of Default.

The facility(ies) shall be licensed in accordance with Arizona’s
Security Agency requirements, as applicable, or similarly licensed in
the state in which the proposed facility is located.
1.4.1.2.1

The Offeror shall remain licensed for the term of the
Contract and shall provide a copy of the renewal or license
that reflects its current status.

1.4.2

The Contract Facility Operator shall comply with all Department Written
Instructions, applicable State Administrative Rules, State statutes, and Federal
laws.

1.4.3

When new Department Written Instructions or State Administrative Rules are
issued, or if new Court Orders / Decrees are entered, or case law created by a
Court of jurisdiction impacting this Contract:

1.4.4

1.4.3.1

The Contract Facility Operator shall immediately prepare new and/or
revised written institution orders and post orders for approval by the
Department’s Contract Beds Operations Director (CBOD), or
designee, and implement them in full within the time frame stipulated
by the Department.

1.4.3.2

The Contract Facility Operator shall be responsible for all costs to
fully implement the new or revised Department Written Instructions,
applicable Court Order/Decrees, or new case law or statute occurring
after execution of this Contract.

Offerors shall submit a milestone chart with their proposal that reflects all major
milestones from time of proposal submittal to projected load date of first inmate
to include, but need not be limited to, the following:
1.4.4.1

Development of policies / procedures.

1.4.4.2

Hiring staff.

1.4.4.3

Training.

1.4.4.4

Pre-activation activities.

1.4.4.5

Construction schedule (if facility modifications are required).
Page 17

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.4.4.6
1.4.5

Loading of the inmates.

The Contractor shall develop and submit for approval to the Department not less
than ninety (90) days prior to receiving the first inmate, procedures governing:
1.4.5.1
1.4.5.2
1.4.5.3
1.4.5.4
1.4.5.5
1.4.5.6
1.4.5.7
1.4.5.8
1.4.5.9
1.4.5.10
1.4.5.11
1.4.5.12
1.4.5.13
1.4.5.14
1.4.5.15
1.4.5.16
1.4.5.17
1.4.5.18
1.4.5.19
1.4.5.20
1.4.5.21
1.4.5.22
1.4.5.23
1.4.5.24
1.4.5.25
1.4.5.26
1.4.5.27
1.4.5.28
1.4.5.29
1.4.5.30
1.4.5.31
1.4.5.32
1.4.5.33
1.4.5.34
1.4.5.35
1.4.5.36
1.4.5.37

Americans with Disabilities Act Compliance
Armory Procedures
Communications
Employee Training and Education
Firearms and Use of Force Training
Food Service System
Incident Management of Inmates
Inmate Accountability System
Inmate Behavioral Control
Inmate Banking
Inmate Commissary
Inmate Death Notification/Disposition
Inmate Education, Work-Based Education
Inmate Escape Prevention/Response
Inmate Legal/Court Access
Inmate Library Services
Inmate Mail and Property
Inmate Phone Calls
Welfare and Benefits Fund
Inmate Programs
Inmate Recreation/Arts & Crafts
Inmate Transportation
Inmate Visitation
Inmate Work Activity
Occupational Safety and Health Requirements
Policy Development
Public Access - Tours
Searches
Security/Facility Inspections
Tool and Chemical Control
Communications with & Report Submission to the Department
Designated Armed Response Team (DART) and/or Tactical Support
Unit (TSU)
Prison Rape Elimination Act (PREA)
Inmate Suicide Prevention
Internal Compliance Monitoring Program
Emergency Response Plans
Substance Abuse, Detection and Control

Page 18

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.4.6

The Contractor shall maintain a security manual containing all procedures and
post orders for institutional security and control with detailed instructions for
implementing the above procedures.

Page 19

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.5

INVESTIGATIONS
1.5.1

Investigations of all alleged criminal activity involving Department inmates
assigned to the facility shall be conducted by representatives of the Department
of Corrections Rehabilitation & Reentry Inspector General Bureau. The
Department Contract Monitor shall be notified immediately by the Contract
Facility Operator of suspected inmate criminal activity. The Department Contract
Monitor shall notify appropriate Department authorities regarding the alleged
activity.

1.5.2

The Department shall have the right to conduct any investigation it deems
necessary, including, but not limited to, the actual or alleged activities listed
below. Contractor is required to provide its prompt, full and forthcoming
cooperation with all investigations, and any failure to fulfill this requirement
shall be considered a material breach.
1.5.2.1

Improper relationships between the Contract Facility Operator staff
and Department inmates.

1.5.2.2

The introduction of illegal contraband to the facility whether by
Department inmates or facility staff.

1.5.2.3

The Contract Facility Operator staff arrests, to include (but not limited
to) staff arrests involving criminal activity with Department inmates.

1.5.2.4

Inmate escapes, disturbances, suicides, and any fiscal improprieties or
other activity potentially compromising the safety of employees,
inmates, or the public.

Page 20

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.6

CONTRACT MONITORING ACTIVITES
1.6.1

The Department shall monitor the Contractor’s compliance and performance
with all Contract provisions and applicable policies and standards. Monitoring
activities shall be conducted by Department staff in areas that include, but are not
limited to: security operations, inmate programs, health services, mental health,
substance abuse, food service, safety, sanitation, and finance.

1.6.2

The Department shall assign staff who shall monitor contract compliance and
performance on a daily basis and coordinate all necessary activities relative to
the Contract Facility Operator and the Department. These monitors shall report
to the CBOD or designee.

1.6.3

Department staff authorized by the CBOD shall have access to the facility, the
inmates, and records at any time, with or without prior notice to the Contract
Facility Operator.

1.6.4

Contract Facility Operator shall comply with the following:
1.6.4.1

The Contract Facility Operator shall, via its assigned Contract Facility
Warden, ensure monitoring of all service delivery, to include
monitoring of subcontracted services, including but not limited to,
security, inmate management and control, inmate programs and
services, facility safety and sanitation, administration, food service,
personnel practices and training, inmate health services, inmate
discipline, and records pertaining to this Contract.

1.6.4.2

Failure to comply with internal monitoring requirements shall result in
a written deficiency notice and/or other forms of documentation and
shall require a corrective action plan. Egregious, repetitive or continual
occurrences of failure may result in monetary offsets, suspension, or
termination of the Contract.

1.6.4.3

A draft of an internal monitoring program shall be provided to the
Department as part of the Offeror’s proposal response and shall be
based on their offer(s). The program shall include the appropriate
amount of dedicated personnel by the Contractor to carry out the
responsibilities of monitoring to ensure that the facility remains safe
and secure and is being managed in accordance with A.R.S. §§ 411609, 41-1609.01, 41-1609.02, 41-1609.03, and 41-1609.04.
Monitoring activities shall, at a minimum, include documenting noted
deficiencies in writing (and/or via email) and performing timely
corrective action to ensure service requirements specified by this
contract are met. Documentation generated as a result of internal
monitoring evidencing completion of monitoring activities and their
Page 21

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

results will be provided to the Department Contract Monitor in writing
monthly. Deficiencies that could constitute an emergency and be
considered a life or safety issue for the public, staff, and/or inmates
shall require immediate notification to the Department Contract
Monitor verbally and in writing (and/or via email), and identification
of the specific immediate cure period for the deficiency.
1.6.4.4

Provide a monthly calendar of scheduled unit meetings in accordance
with DO 112, Department Meetings, to the Department Lead Monitor.
1.6.4.4.1

Submit meeting minutes to the Department Lead Monitor
within seven (7) calendar days of a scheduled meeting.

1.6.4.4.2

Complete inmate Levels of Supervision by Private Prison
Case Managers.

Education:
1.6.4.5

Provide an organizational chart of education staff positions denoting
supervisors, teachers (by content area), and aides. This chart shall
show the education supervisory chain of command, and shall be
revised whenever staff changes may occur.

1.6.4.6

Private prison Correctional Education Program Supervisor(s) (CEPS)
shall attend quarterly meetings as scheduled by the Department
Education Bureau.

1.6.4.7

Utilize the same evaluation tool as the Department - the Danielson
Framework Evaluation - which is aligned to current Arizona College
and Career Ready Standards, or any other evaluation tool as directed
by the Department Education Bureau.

1.6.4.8

Submit teacher evaluations to the Department Education Administrator
as completed. Each teacher shall receive at least two (2) evaluations
annually, performed by private prison CEPS.

1.6.4.9

The Department audit tool for monitoring and evaluation of Career
Technical Education programming shall be submitted monthly to the
Education Administrator. The private prison CEPS shall do monthly
walkthroughs of all Career Technical Education programming classes
utilizing the Department audit tool.

1.6.4.10 Report the following to the Education Administrator on a monthly
basis: GED completions, mandatory literacy completions, and Career
Page 22

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

Technical Education certificates awarded (number and type of
certificate), and/or any other implemented system reports.
1.6.5

Department monitoring:
1.6.5.1

The Department shall have the right to reasonably prompt access to
records from the Contract Facility Operator and/or Owner, to examine
the facility’s operation, including financial books and records,
maintenance records, and employee and inmate records generated by
the Contract Facility Operator and its subcontractors, or independent
contractors, in connection with the performance of this Contract. The
Department requires written assurance from the Contract Facility
Operator and/or Owner, that such access shall be provided.

1.6.5.2

Monitoring activities shall be conducted on both a random and routine
basis by Department monitoring staff. Monitoring shall include, but is
not limited to, security, inmate management and control, inmate
programs and services, facility safety and sanitation, administration,
food service, personnel practices and training, inmate health services,
inmate discipline, and records pertaining to this Contract. Findings of
non-compliance shall result in written deficiency notices and/or other
forms of documentation and shall require corrective action plans.

1.6.5.3

Department monitoring staff shall conduct security audits and
inspections in accordance with applicable DO 703, Security/Facility
Inspections, which requires periodic mandatory unit and facility
inspections. Security/Facility measures as identified herein will be
evaluated on a daily/weekly/monthly/quarterly basis using direct
observation, observed performance of tasks, and review of required
documentation. Findings of non-compliance shall result in written
deficiency notices and/or other forms of documentation and shall
require corrective action plans.

1.6.5.4

The Department Inspector General’s staff shall conduct an annual
contract compliance review/audit. Evaluation shall be based on direct
observation, observed performance of tasks, and review of required
documentation. Findings of non-compliance shall result in written
deficiency notices and/or other forms of documentation and shall
require corrective action plans.

1.6.5.5

The Department Medical Services Division (MSD) shall have and
retain the right to conduct random monitoring and provide reports of
the outcome to the Department Contract Beds Bureau. Monitoring
shall include, but shall not be limited to, policy compliance, access to
care, NCCHC compliance, provisions of health care, and MSD
Page 23

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

performance measures as identified herein. Findings of noncompliance shall result in written deficiency notices and/or other
forms of documentation and shall require corrective action plans.
1.6.5.6

The results of all compliance and performance monitoring/inspection
activities conducted by the Department shall be provided to the
Contract Facility Operator in writing by the Department Contract
Monitor or via other Departmental lines of communication, including
email.

1.6.5.7

If non-compliance issues are noted during a monitoring/inspection
activity, the Department shall provide a written deficiency notice
and/or other form(s) of documentation to the Contract Facility
Operator regarding the details of the non-compliance, the required
corrective action, and the period of time allowed to bring performance
back into compliance with Contract requirements.
1.6.5.7.1

If, at the end of the specified time period, the Contractor
has complied with the corrective action requirements, the
Department will take no further action.

1.6.5.7.2

If, however, the Contractor has not complied with the
corrective action requirements, the Department Contract
Monitor shall notify the Contract Facility Operator in
writing (and/or via email) that the matter will be referred to
the CBOD and/or the Department’s Chief Procurement
Officer (CPO) to take action against the Contract Facility
Operator, including but not limited to monetary offsets,
suspension, or termination of the Contract.

1.6.5.8

If non-compliance issues are identified or discovered during a
monitoring/inspection activity, for which the gravity or severity of the
issue harms the public and/or cannot be mitigated by a Contractor’s
ability to bring its performance back into compliance at a future date
through a corrective action plan, the Department Contract Monitor
shall also notify the Contract Facility Operator in writing (and/or via
email) that the matter will be referred to the CBOD and/or the CPO to
take action against the Contractor, including but not limited to
monetary offsets, suspension, or termination of the Contract.

1.6.5.9

The Contract Facility Operator shall have ten (10) calendar days to
appeal in writing (and/or via email) disputing a finding of noncompliance that results in a deficiency notice/corrective action plan or
a decision to refer the matter to the CBOD and/or the CPO for action.
Page 24

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.6.5.10 The Department Contract Monitor shall have ten (10) calendar days to
make a final determination regarding the disposition of the deficiency
notice/action plan or the decision to refer the matter to the CBOD
and/or the CPO for action and to provide written notice to the
Contractor of the final determination.
1.6.5.11 Department Lead Monitors shall:
1.6.5.11.1
Be present at the beginning of meetings as follows:
Quarterly
Lead Monitor – Warden/CO Meeting and DW/CO Meeting (as
applicable)
Program Monitor – Program & Education Meetings
Security Monitor – Captain/Supervisor Meeting
Monthly – All available Monitors will attend:
Private Prison-facilitated Inmate Community Meeting
Other facility meetings, as directed by the CBOD.
1.6.5.11.2 Randomly review a selection of onsite and 100% of offsite
assigned inmate levels of supervision to ensure
compliance.
1.6.5.11.3 Document cultural assessments of staff/inmate and
supervisor/subordinate interaction at private prison(s) in
the monthly 703 report.
1.6.5.11.4 Report quarterly percentage of completed staff training for
quarters 1-3 and monthly during the last quarter via the
monthly 703 report.
1.6.5.11.4.1 Any deficiencies will result in the issuance
of a Letter of Concern (or other form of
communication, such as GAR entry, etc.) to
the Private Prison Warden.
1.6.5.12 The Department Security Operations Administrator or designee will
attend and evaluate private prison Tactical Support Unit training
quarterly, or at the Department’s discretion, providing a written report
of findings to the Private Prison Warden and CBOD, as applicable.
1.6.5.13 The Department Emergency Preparedness Administrator or designee
will review private prison Emergency Response Plans annually and
provide a written report of findings to the Private Prison Warden;
written corrective action plans and the completion of all plan actions
and related documentation shall be required. A copy of this report will
be provided to the CBOD.
Page 25

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.6.5.14 The Department Staff Development and Training Bureau will:
1.6.5.14.1 Provide staff to evaluate selected private prison preservice, in-service, and specialty training (CO III
Academy, FTO training) monthly for compliance with
curriculum, instructor certification, and quality of
delivery; providing a written report to the Chief Learning
Officer and CBOD. Visits will be unannounced. Any
deficiencies or concerns will result in a formal letter from
the Chief Learning Officer to the Private Prison Warden
and require a corrective action response with a copy to the
CBOD.
1.6.5.14.2 Follow up on any Corrective Action Plans (CAP) to
ensure compliance.
1.6.5.15 The Department Education Bureau will:
1.6.5.15.1 Provide a standardized evaluation tool that examines
teacher effectiveness in five instructional domains.
1.6.5.15.2 Provide training to the private prison CEPS in its
implementation and execution.
1.6.5.15.3 Provide classroom visits of sites and observe teachers
annually.
1.6.5.15.4 Review and approve the private prison’s curriculum for
GED and mandatory literacy requirements.
1.6.5.15.5 Provide monthly reports to private prisons of mandatory
literacy and GED enrollments and successful completions
to ensure inmates mandated to the program are attending.
1.6.5.15.6 Provide an audit tool for supervisors to use in monitoring
and evaluating Career Technical Education (workforce
development) programming and provide training and
support for the vocational audit tool.
1.6.5.15.7 Conduct annual inspections of all Career and Technical
Education and Academic Education programs in
accordance with Contract Beds, DO 106.1.7.1.2. The
Education Bureau’s designated education monitor will
submit an annual report of private prison Career Technical
Education and education services to the Education
Administrator and the Inmate Programs and Reentry
Assistant Director.
Page 26

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.6.6

General Requirements:
1.6.6.1

The Contract Facility Operator shall hold daily management team
meetings and daily shift briefings; Department monitoring staff shall
attend as determined by the Department.

1.6.6.2

The Department Contract Monitor and monitoring staff may be
physically located at the facility, at the Department’s sole discretion.

1.6.6.3

The Contract Facility Operator shall provide Department monitoring
staff exclusive use of office space and equipment, i.e., desks, chairs,
file cabinets, multifunction printers with multi-page scanning
capabilities that can scan to a network shared drive or PC shared drive,
office supplies, computers (computer equipment and software, to be
updated to maintain compliance with Department standards), etc., for a
minimum of four (4) Department staff per 1000 (or fewer) bed unit, or
at least one (1) staff per 250 beds, if larger. (Note: This requirement
may be reduced by the Department if the facility is located outside
Arizona.)
1.6.6.3.1

1.6.6.4

1.6.7

Each Department monitoring staff member shall be
provided a minimum of 120 square feet of workspace, to
include network infrastructure and power to allow
connection of four data devices.

The Contract Facility Operator shall provide Department monitoring
staff with telephones that have dedicated extension numbers for their
exclusive use.

The following activities shall be administered by Department monitoring staff
only:
1.6.7.1

Calculating inmate release and parole eligibility dates.

1.6.7.2

Calculating and awarding sentence credits.

1.6.7.3

Approving inmate Escorted Leave including: funeral trips, hospital
bedside visits and work releases.

1.6.7.4

Approving the type of work inmates will perform and the wages or
sentence credits inmates earn.

1.6.7.5

Determining the appropriate level of inmate supervision while engaged
in any work assignment.
Page 27

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.6.7.6

Granting, denying or revoking sentence credits, or placing an inmate in
more restrictive custody or approving any disciplinary actions. Only
the Department shall authorize the imposition of disciplinary sanctions
against an inmate for violation of the inmate Rules of Discipline.

1.6.7.7

Inmate Classification.

1.6.7.8

Training designated Contract Facility Operator staff in the areas and
for the time frames shown by Exhibit 3, Department’s Technical
Services Training Requirements.

Page 28

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.7

PERFORMANCE AND MONETARY OFFSETS
1.7.1

The Department shall monitor the Contract Facility Operator's performance to
ensure compliance with all Contract provisions and applicable Written
Instructions, Statutes, and Administrative Rules.

1.7.2

Performance Measures: As a method to ensure compliance with all Department
Policies and Written Instructions, the Department currently uses the “Green,
Amber, Red (GAR)” Inspections Reporting Protocol.

1.7.3

1.7.2.1

Please see DO 606, Internal Inspections Program and DO 703,
Security/Facility Inspections. The current GAR collection of
performance measures is available upon request.

1.7.2.2

Contractor shall ensure that each of the GAR performance measures is
met. Any deficiencies shall be addressed by the contract monitor and
ensure corrective action is taken.

Monetary Offsets:
1.7.3.1

The Department may impose monetary offsets, suspend, or terminate
this Contract as authorized under the terms of this Contract.

1.7.3.2

The Department may impose monetary offsets for a Contract Facility
Operator’s non-compliance with any term or condition in this
Contract.

1.7.3.3

If it is determined that a Contract Facility Operator should be assessed
a monetary offset, the Chief Procurement Officer shall provide written
notice to the Contract Facility Operator specifying the amount of the
monetary offset, the grounds for the monetary offset, and the time
frame for the monetary offset.

1.7.3.4

At its discretion, the Department shall offset against any payments due
a Contract Facility Operator until the full amount is satisfied.

1.7.3.5

Automatic Monetary Offsets: The Department may, at its sole
discretion, assess the monetary offsets listed in Exhibit 10, Required
Reporting on deliverables as follows:
1.7.3.5.1

Report not received by 5:00 PM on the due date indicated.
If the due date falls on a weekend or a State Holiday,
offsets shall be assessed on deliverables not received by
5:00 PM on the next business day.
Page 29

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.7.3.6

1.7.3.5.2

Report received by 5:00 PM on the due date indicated or if
the due date falls on a weekend or a State Holiday, received
by 5:00 PM on the next business day, but found to be
inaccurate because it is not prepared in conformity with
Department requirements.

1.7.3.5.3

Report received by 5:00 PM on the due date indicated or if
the due date falls on a weekend or a State Holiday, received
by 5:00 PM on the next business day, but found to be
incomplete because all required information is not fully
disclosed in a manner that is both responsive and pertinent
to the intent of the report or because of material omissions.

Corrective Action Plan Monetary Offsets: If a Contract Facility
Operator has been issued a written deficiency notice but has not
complied with the corrective action plan requirements and the
Department has determined that the non-compliance does not warrant
suspension or termination of the Contract, the Department may, at its
sole discretion, assess the following monetary offset against the
Contract Facility Operator until the Contract Facility Operator has
complied with the corrective action plan requirements.
1.7.3.6.1

A monetary offset may be assessed for each day the
Contract Facility Operator has not complied with the
corrective action plan requirements.

1.7.3.6.2

When assessed, the monetary offset shall be determined as
follows: Total Inmate Population of the Prison Facility on
the due date x Per Diem Rate x 5.0 % = Monetary Offset

1.7.3.7

Staffing Monetary Offsets: Refer to Section 1.9.10.4 through 1.9.10.6
for requirements governing security position monetary offsets.

1.7.3.8

Immediate Monetary Offsets: The Department may assess immediate
monetary offsets for non-compliance, even if a corrective action plan
is in effect, if:
1.7.3.8.1

A Contractor Facility Operator’s ability to bring its
performance back into compliance at a future date does not
mitigate the gravity or severity of the non-compliance.

1.7.3.8.2

The act of non-compliance represents a real or potential
risk to the public or a threat to public safety.

Page 30

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.7.4

1.7.3.8.3

The act or omission represents a blatant disregard for the
requirements and responsibilities set forth in the Contract
or represents a pattern of non-compliance.

1.7.3.8.4

Except as otherwise noted below, the monetary offset shall
be $1,000 per occurrence, not to exceed $25,000 per
finding of non-compliance.

1.7.3.8.5

Immediate monetary offsets shall be imposed as follows for
the following:
1.7.3.8.5.1

An act of incompetence or neglect that
presents a known and excessive risk to public
safety. Monetary offset shall be up to
$25,000 per occurrence, per finding of noncompliance.

1.7.3.8.5.2

An act of deliberate indifference that
disregards a known and excessive risk to an
inmate’s health or safety or violates an
inmate’s civil rights. Monetary offset shall be
up to $25,000 per occurrence, per finding of
non-compliance.

1.7.3.8.5.3

Failure to provide comprehensive healthcare
services coverage twenty-four (24) hours a
day seven (7) days a week, excluding a
declared state of emergency recognized by
the Department. Monetary offset shall be up
to $10,000 per occurrence, per finding of
non-compliance.

1.7.3.8.5.4

A court finding of an act of deliberate
indifference against a Department inmate.
Monetary offset shall be the amount of the
judgment levied against the State of Arizona.

1.7.3.8.5.5

Misrepresentation
or
falsification
of
information furnished to the Department.
Monetary offset shall be up to $10,000 per
occurrence, per finding of non-compliance.

Intermediate Sanctions For Exigent Circumstances:

Page 31

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.7.4.1

In the case of an act of non-compliance, the gravity or severity of
which harms the public, demands unusual or immediate action, and/or
cannot be mitigated by a Contract Facility Operator’s ability to bring
its performance back into compliance at a future date, the Department,
in addition to imposing monetary offsets, shall retain the right to
modify or renegotiate the terms of the contract, such as custody levels,
population thresholds, education and treatment obligations, or other
Contract requirements. Other Contract requirements may include, but
not be limited to, removal of inmates due to the exigent circumstances.
If inmates are removed from the facility and as a result it affects the
occupancy guarantee within the contract, the guarantee shall be
suspended, and payment shall only be made on actual inmate count
until such time as the Contractor brings its performance back into
compliance.
1.7.4.1.1

The Department shall exercise this right, at its sole
discretion, as an intermediate action short of Contract
termination.

Page 32

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.8

CONTRACTOR’S / SUBCONTRACTOR’S QUALIFICATIONS
1.8.1

Offerors shall demonstrate in their proposals that they are qualified to operate
secure prisons and/or correctional facilities and shall have a minimum of five (5)
years of experience within the last ten (10) years of managing inmates in a secure
prison and/or correctional facility in the United States.

1.8.2

In accordance with A.R.S. § 41-1609.01, Offerors shall demonstrate in their
proposals a history of safe operation and management of secure correctional
facility(ies) consistent with requirements of this RFP.

1.8.3

Offeror’s experience as a prison and/or correctional facility(ies) operator:
Experience as a contract correctional facility(ies) operator since the Offeror
began operation, or since January 1, 2011, whichever is the shorter period,
including operation under prior ownership or management:
1.8.3.1

1.8.3.2

For each correctional facility(ies) currently or previously operated in
the United States, identify the following:
1.8.3.1.1

Full Organization Name, including corporate names and
DBAs, as applicable;

1.8.3.1.2

Location (full address);

1.8.3.1.3

Dates of operation, including the month and year operation
started and the month and year operation ended, as
applicable;

1.8.3.1.4

Current Custody Levels Managed;

1.8.3.1.5

Current Number of Inmates per Custody Level;

1.8.3.1.6

For Each Custody Level Managed: Custody level and dates
of operation, including the month and year supervision of
custody level started and the month and year supervision of
custody level ended, as applicable;

1.8.3.1.7

For each Custody Level Managed: The fewest number of
inmates ever managed at one time and the largest number
of inmates ever managed at one time.

Offerors shall provide the following, as applicable:
1.8.3.2.1

A history of at least five (5) years of experience within the
last ten (10) years managing medium and close custody
Page 33

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

correctional inmates in the United States. Provide details on
numbers of inmates managed for each of the two custody
levels.
1.8.3.2.2

1.8.4

Information regarding any cessation in operation of a
prison/facility based upon negligent or wrongful acts
committed by the Offeror or based upon a contract being
terminated, canceled, not awarded, or not renewed for
cause.

Organizational qualifications and experience. Experience relative to the
operation and management of secure prisons and/or correctional facilities in the
United States, as well as the availability of experienced management staff to
carry out the terms of the Contract.
1.8.4.1

1.8.4.2

1.8.4.3

For the Corporate Management Team, who will be responsible for a
Contract awarded as a result of this request for proposal, the Offeror
shall:
1.8.4.1.1

Identify each member by name and title.

1.8.4.1.2

Provide a resume or equivalent documentation to identify
the experience of each member. This documentation shall
clearly identify the amount of correctional experience each
member has.

1.8.4.1.3

Identify how long each member has worked for the Offeror
and the amount of time the management team has worked
together.

The Offeror and/or Subcontractor shall also describe the experience
and correctional qualifications for the following positions.
1.8.4.2.1

Food Service Operator. (If subcontractor is used, describe
their experience.)

1.8.4.2.2

Health Service Operator. (If subcontractor is used, provide
detailed information on their experience in the delivery of
medical, dental, pharmacy, and mental health services.)

Describe how the Offeror’s Corporate Management Team will interact
with on-site Contract Facility management, including but not limited
to the Warden, Deputy Warden, Chief of Security, Food Service
Operator, and Health Service Operator(s) and how the Corporate
Management Team will support the proposed facility(ies) operations.
Page 34

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.8.5

1.8.4.3.1

Identify how often contact will occur.

1.8.4.3.2

What interaction will occur.

1.8.4.3.3

Method of interaction / communication to be used.

1.8.4.3.4

Identify how many facilities each of the Corporate
Management Team members is (will be) supporting.

1.8.4.4

Describe an incrementally phased occupancy of the facility.

1.8.4.5

Provide evidence of compliance with Federal, State and local
Standard/Licensure requirements as applicable to security agencies.

Past and Present Performance. Offerors are required to provide a list of, and
information pertaining to, all customers in the United States since the Offeror
began operation, or since January 1, 2011, whichever is the shorter period,
including operation under prior ownership or management, to include all active
contracts and all contracts which are no longer active.
1.8.5.1

Information being provided shall include the following, as applicable:
1.8.5.1.1

Full Contract/Customer Organization Name

1.8.5.1.2

Complete Contract/Customer Address, City, State, Zip
Code, telephone Number, e-mail address.

1.8.5.1.3

Contract/Customer Contact name for verification. Each
identified contact person shall have firsthand knowledge
regarding the specific work of the Offeror.

1.8.5.1.4

Identification if the Contract is active or inactive.

1.8.5.1.5

Complete contract dates.

1.8.5.1.6

Custody Levels Supervised/Managed.

1.8.5.1.7

If the contract is inactive, full and complete disclosure of
the reason(s) the contract ended (e.g., expired, was
canceled, was terminated, was not renewed, was not
awarded during a rebidding process, etc.).

1.8.5.1.8

Provide the following for the most recent five years of each
active contract. In addition, provide the following for the
Page 35

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

most recent three years of each inactive contract, of any
within the last ten (10) years:

1.8.5.1.9

1.8.5.1.8.1

Detailed identification of, and information
pertaining to, any and all deficiencies,
letters/notifications/written communications
of concern, corrective action/cure notices,
instances of contractual non-compliance,
quality of care issues or concerns, and
financial or administrative concerns or
failures related to the provision of service
covered by the contract and identified during
the term of the contract, including the
resolution or final disposition regarding the
deficiency, concern, failure or area of noncompliance.

1.8.5.1.8.2

Detailed identification of, and information
pertaining to, any and all monetary sanctions
or monetary off-sets related to the provision
of service covered by the contract and
applied during the term of the contract, and
the resolution or final disposition regarding
the monetary sanctions or monetary off-set.

A list of all closed or pending legal judgments, claims, or
lawsuits, including the complaint, the answer, and the final
disposition, if closed.

1.8.5.1.10 Identification if any closed or pending legal judgments,
claims, or lawsuits:
1.8.5.1.10.1 Contributed to any contracts ending.
1.8.5.1.10.2 Contributed to or were related to any
deficiencies identified, concerns identified,
failures identified, areas of non-compliance
identified, monetary sanctions applied, or
monetary offsets applied during the term of
the contract.
1.8.5.2

The Department shall consider an Offeror’s past performance based
upon current and prior contract performance and information obtained
from the Offeror and from the Contract/Customer Organizations as
identified herein.
Page 36

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.8.5.2.1

1.8.5.2.2

1.8.6

Contract performance should show that the Offeror:
1.8.5.2.1.1

Has met the requirements of the contract.

1.8.5.2.1.2

Has maintained adequate staff levels to meet
the requirements of the contract.

1.8.5.2.1.3

Did not have deficiencies or areas of noncompliance identified during the term of the
contract, that were not resolved to the full
satisfaction of the contract holder.

1.8.5.2.1.4

Did not have monetary sanctions or monetary
off-sets applied during the term of the
contract, that were not resolved to the full
satisfaction of the contract holder.

Should information provided by the Offeror or obtained by
the Department during the course of this solicitation reveal
that the Offeror’s operation of a prison/facility ceased due
to a contract being terminated, canceled, not awarded, or
not renewed because of negligent or wrongful acts
committed by the Offeror or for cause, the Offeror may be
deemed non-responsible.

Occurrences. For each prison/facility identified herein, operated by the Offeror
during the Offeror’s last ten (10) years of operation, the Offeror shall provide
with their response, in a format consistent with the sample format provided in
Attachment 8, Occurrence and Vacancy Sample/Template the following:
1.8.6.1

The number of annual occurrences in each of the categories listed
below by year.

1.8.6.2

The actual or estimated inmate average daily population (ADP) for
each year.

1.8.6.3

The overall “rate per 1,000” of annual occurrences calculated per year
per prison/facility based upon the corresponding reported average
daily population, using the formula “occurrences divided by ADP
times 1,000.”

1.8.6.4

Relevant information related to and full disclosure regarding the
occurrence, as requested in the occurrence category. The Department
Page 37

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

reserves the right to contact all past contract holders/clients regarding
any and all information provided.
1.8.6.5

Occurrence Categories:
1.8.6.5.1

Homicides. The murder or unlawful killing of an inmate by
another inmate and classified as first degree murder, second
degree murder, manslaughter, or negligent homicide.

1.8.6.5.2

Escapes. An inmate's unauthorized absence, or departure
from custody, from a correctional institution or release
center
without
permission,
from
a
secure
work/transportation detail, or failure to return following a
temporary leave granted for a specific purpose. For each
escape, identify if the inmate was subsequently captured
and if any public harm resulted from the escape.

1.8.6.5.3

Assaults on staff. Assaults committed by one or more
inmates on a staff member(s) that intentionally or
unintentionally cause physical injury. This includes striking
the staff member with hand(s), fist(s), or feet; touching
staff with intent to injure; or committing assault with bodily
fluids by throwing or projecting saliva, blood, seminal
fluid, urine, or feces at an employee.

1.8.6.5.4

Assaults on inmates. Assaults committed by one or more
inmates on one or more inmates that intentionally or
unintentionally cause physical injury.

1.8.6.5.5

Major Disturbances. Any collective action by twenty or
more inmates that constitutes an attempt to gain control of
an institution, unit or prison facility, or an area within an
institution, unit or prison facility, resulting in official action
beyond summary sanctions, such as; return to cell, order to
disperse, where a minimum of three of the following
criteria are met:
1.8.6.5.5.1

Page 38

Designated Armed Response Team (DART)
is deployed and the Tactical Support Unit
(TSU) is activated for the purpose of
preventing the loss of authority or to regain
control, or support from another Unit is
requested, staged, or deployed to the yard.

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.8.6.5.6

1.8.6.6

1.8.6.5.5.2

Damages resulting in a cost of $5,000 or
greater. (If applicable, identify the cost of
damages.)

1.8.6.5.5.3

Multiple or serious injuries requiring
hospitalization are incurred. (If applicable,
explain in detail.)

1.8.6.5.5.4

Staff, contractors, etc. (or anyone other than
inmates) are taken hostage or assaulted. (If
applicable, explain in detail.)

1.8.6.5.5.5

Inmates fail to comply with lock-down
orders.

1.8.6.5.5.6

Outside agencies respond for assistance, i.e.
law enforcement, fire, ambulance, or
military. (If law enforcement, fire, or military
responded, explain in detail.)

Suicides. For each inmate suicide, identify the method of
suicide (i.e., hanging, self-inflicted fatal wound, etc.) and
the inmate status at the time of suicide (i.e., in protective
segregation, in detention, on mental health watch, in
general housing unit, etc.).

The Department shall consider occurrence category rates as follows:
1.8.6.6.1

Offeror’s occurrence rates shall be tallied and averaged for
each occurrence category and shall be compared to the
Department’s three recent fiscal-year average for that
occurrence category and ranked as “Below ADCRR”, as
“Meets ADCRR”, or as “Above ADCRR”.

1.8.6.6.2

The Department shall consider each occurrence category
separately and shall consider a rank of “Below ADCRR” or
“Meets ADCRR” to be acceptable performance in each
occurrence category.

1.8.6.6.3

Serious, egregious or extraordinary occurrences in one or
more occurrence categories may be judged and ranked
separately based upon the circumstances of the occurrence,
and may cause the occurrence category to be ranked as
“Above ADCRR” regardless of the results obtained as
identified herein.
Page 39

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.8.6.6.4

1.8.6.7

1.8.7

Should information provided by the Offeror or obtained by
the Department during the course of this solicitation reveal
serious, egregious, or extraordinary occurrences in one or
more occurrence categories that suggest negligence or
wrongful acts committed by the Offeror, the Offeror may
be deemed as non-responsible.

As shown in Attachment 8, Offeror is to provide information on their
annual employee turnover percentage rates and their annual employee
vacancy percentage rates, separately, for Correctional Series Staff;
Program Staff; and Medical and Medical Health Staff. Offerors shall
provide the calculation method used to determine these rates.
1.8.6.7.1

The annual employee turnover percentage rate shall be
expressed as the ratio of workers that had to be replaced in
a given time period for a given employee group to the mean
average number of workers in that group over the same
time period.

1.8.6.7.2

The annual employee vacancy percentage rate shall be
calculated in a consistent manner for all reported data.
Offeror shall provide a detailed description of the
calculation method it used to determine these rates.

Subcontracted Services. Subcontractors may be used to furnish some services
required by this solicitation; typically, to include food services, health services,
and inmate commissary services. Subcontracting for facility management and
security operations, and tertiary subcontracting for any services shall not be
allowed without prior written approval of the Department. Services of any other
subcontractors shall not be authorized without the prior written approval of the
Department. Offerors shall identify in their proposal all areas for which they
intend to utilize subcontractors to provide services.
1.8.7.1

The Contract Facility Operator shall accept full responsibility for the
performance of all subcontractors and tertiary subcontractors.

1.8.7.2

Subcontracting for services shall not relieve the Contract Facility
Operator of its primary responsibility to comply in full with the terms,
conditions, requirements and responsibilities of this Contract.

1.8.7.3

Subcontractors shall have the staff and resources within their own
capabilities to provide specified services, including the management of
subcontractors.
Page 40

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.8.7.4

1.8.8

The cost for all subcontractors shall be included in the proposed per
diem rate.

Offerors shall complete Attachment 6, Identification of Subcontractors, to
provide required information regarding each proposed subcontractor.
1.8.8.1

1.8.8.2

The Contract Facility Operator shall not dismiss the services of a
subcontractor without written notice to, and written approval from, the
CBOD. The Contract Facility Operator shall also, with their written
notice, submit their plan to ensure continuation of services without
interruption.
1.8.8.1.1

The Contract Facility Operator shall provide relevant
documentation as to subcontractor’s qualifications to
ensure the replacement service provider complies with
Department requirements.

1.8.8.1.2

Replacement services shall not commence until the
Contract Facility Operator receives the Department’s
written “Notice to Proceed”.

If the Contract Facility Operator proposes to use a subcontractor in
addition to or other than the authorized subcontractor(s) shown in
Attachment 6, the Contract Facility Operator shall follow the process
described below:
1.8.8.2.1

The Contract Facility Operator shall provide a revised Fee
Schedule and Budget Narrative, Attachments 9 and 10, to
indicate the costs of the subcontracted services. A revised
General Staffing Pattern, Attachment 11, listing positions
to be provided by the subcontractor, shall be provided to
the Department. If a per diem cost adjustment
(increase/decrease) is approved by the Department subject
to the requirements of A.R.S. § 41-1609.01, a formal
amendment shall be executed.

1.8.8.2.2

If a per diem cost adjustment is not required and the
subcontractor is approved by the Department, the Director,
or designee, shall advise the Department Procurement
Services by written notice. Procurement Services shall
provide the revised General Staffing Pattern, Attachment
11, and Identification of Subcontractors Attachment 6, to
all parties by formal amendment. The effective date shall
be the date of approval by the Director, or designee.
Page 41

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.8.8.3

1.8.8.2.3

Unless a verified emergency, agreed to by the Department,
exists requiring a prompt change in a subcontractor, the
Contract Facility Operator shall furnish a copy of the
proposed subcontract in draft form to the CBOD, or
designee.

1.8.8.2.4

The proposed subcontract shall be submitted one hundred
twenty (120) days prior to the projected date on which
subcontracted services are to be initiated.

1.8.8.2.5

The CBOD, or designee, shall review and approve, or
disapprove the draft document in relation to operational and
programmatic requirements.

1.8.8.2.6

A copy of the draft document shall be forwarded to the
Department Procurement Services Bureau for review to
ensure technical requirements contained herein are
satisfied.

1.8.8.2.7

The Procurement Services Bureau shall advise the CBOD,
or designee, if technical requirements have been omitted, or
if provided information is inadequate to meet the best
interest of the State and the Department.

1.8.8.2.8

Subcontracts and services shall not be initiated unless
approved by the Department at its sole discretion.

The Contract Facility Operator and designated subcontractor shall
ensure the following paragraph appears on the first page of the
subcontract. The paragraph shall be reproduced verbatim:
“Subcontractor’s Certification, of the resulting contract between the
Department and the Contract Facility Operator for the provision of
facility services is hereby made a part of this subcontract and shall be
placed after the final page of the subcontract document. The
Subcontractor agrees to comply with all requirements of
Subcontractor’s Certification, to include provision of requested
information and documentation.”

1.8.8.4

Each subcontract submitted to the CBOD in draft form for review
must include a completed Subcontractors Certification with all
requested information / documentation attached.

Page 42

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.9

FACILITY MANAGEMENT
1.9.1

Provide an organizational chart reflecting the structure of the facility staff, to
include linkage / span of control with the management office.

1.9.2

Describe the method the Offeror will use to ensure the compliance and
performance of policies and directives and how any deficiencies will be
corrected.

1.9.3

Describe the method(s) to be used to manage the following areas to ensure the
highest quality of service delivery:
1.9.3.1

Security Operations including a Critical Incident Response Plan
utilizing an approved ICS model. ICS model is the Incident Command
System adopted as a national standard for emergency response by
Federal Emergency Management Agency (FEMA). The National
Incident Management System (NIMS) was developed so responders
from different jurisdictions and disciplines can work together better to
respond to natural disasters and emergencies, including acts of
terrorism. Offerors can get detailed information, including training
modules, by visiting www.fema.gov.

1.9.3.2

Implementation of Inmate’s Corrections Plan.
1.9.3.2.1

Corrections Plan Management.

1.9.3.2.2

The Inmate’s Work Day to include Education Service
Delivery/Career and Technical Education, Substance Abuse
Treatment.

1.9.3.2.3

Recreation.

1.9.3.2.4

After-program hours’ time to include Religious Service
Delivery, Resource Center Services availability, and
programs to address self-improvement.

1.9.3.2.5

Transition-specific planning and programming.

1.9.3.2.6

Health Services.

1.9.3.2.7

Incentives System.

1.9.3.2.8

The Institutional daily schedule.

Page 43

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.9.3.3

1.9.3.4

1.9.4

1.9.5

Program Services Delivery.
1.9.3.3.1 Education Service Delivery.
1.9.3.3.2

Career and Technical Education.

1.9.3.3.3

Substance Abuse Treatment Delivery.

1.9.3.3.4

Religious Service Delivery.

1.9.3.3.5

Resource Center Services Delivery.

1.9.3.3.6

Self-Improvement Programming.

Support Services Operations.
1.9.3.4.1

Food Service Delivery.

1.9.3.4.2

Commissary Service Delivery.

1.9.3.4.3

Health Services (Medical, Dental, Pharmacy).

1.9.3.4.4

Mental Health Treatment Delivery.

Describe in detail the Human Resources policies/practices for:
1.9.4.1

Applicant background checks.

1.9.4.2

Employee Recognition.

1.9.4.3

Promotions / Dismissals.

1.9.4.4

Recruitment.

1.9.4.5

Employee Retention.

1.9.4.6

Employee Wages and Benefits.

1.9.4.7

Use of part-time employment.

Describe the method to ensure that record-keeping functions relative to entry of
inmate information into the Department ACIS is completed in a timely manner
and how quality of entries is ensured. The Offeror shall ensure the ability to
securely connect to a Web-based system for data entry.

Page 44

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.9.6

1.9.7

Operational Issues. Offerors shall provide a detailed response to the following
topics:
1.9.6.1

The Commissioning Procedures (pre-activation audit), related to
policy compliance, staff recruitment, training, physical plant
activation, food service, inmate commissary, health services, and any
other direct inmate services to be provided.

1.9.6.2

The Quality Assurance Plan and method of implementation for
provision of correctional services.

1.9.6.3

Outline for preventive maintenance and emergency repairs, safety and
sanitation of the physical plant.

1.9.6.4

Plan for the maintenance of a drug-free workplace.

Critical Incident Response Plan. The Contract Facility Operator shall provide
response plans that specify the procedures to be followed in the event of a
Critical Incident at the contract facility. The Contractor shall adopt the same
standards provided by the Department. Critical Incidents include:
1.9.7.1

An event(s) of noncompliance or violation of Contract terms and
conditions that may present serious threat to the safety, health or
security of inmates, employees, or the public.

1.9.7.2

Hunger strikes, inmate disturbances, escapes, taking of hostages,
employee work stoppages, strikes, fire, natural disaster, inmate
suicides, inmate homicides, instances of compromise to the Prison
Rape Elimination Act (PREA) or other serious events, in accordance
with Department Written Instructions relating to significant incidents.

1.9.7.3

Assumption and/or Emergency Operations: Contractor shall provide
for Department approval, detailed plans which the Department may
use to assume control of the private prison; or if the Contractor is a
public entity, control of areas affecting the Department’s inmates.
Detailed plans shall include, but are not limited to, the following
incidents or occurrences:
1.9.7.3.1

A plan identifying the process of transferring the operations
from the contracted facility to the Department upon
termination of the Contract. For a Contractor who is a
public entity, the plan shall identify the process of sending
the inmates back to the Department in the case of
termination of the Contract. The Contract may be
terminated as delineated in this document.
Page 45

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.9.7.3.2

Event(s) of noncompliance or violation of Contract terms
and conditions that may present serious threat to the safety,
health or security of inmates, employees, or the public.

1.9.7.3.3

A plan identifying the process for the assumption of private
prison operations by the Department in the event of
bankruptcy or financial insolvency of the Offeror. This
subsection is not applicable to a Contractor who is a public
entity.

1.9.7.3.4

An incident management emergency plan addressing
inmate disturbances, employee work stoppages, strikes, or
other serious events in accordance with the DO 105
Information Reporting, and DO 706, Incident Command
System (ICS), relating to the significant incidents.

1.9.8

Drug Testing Program. The Contract Facility Operator shall implement a drug
and alcohol testing program for applicants, employees and volunteers, at no
additional cost to the Department. The Contract Facility Operator shall ensure
that all subcontractors implement the same drug and alcohol testing program
required by the Department. The program shall meet the requirements of DO
522, Drug-Free Workplace.

1.9.9

Contractor's Staff Recruitment and Hiring Practices. Contractor shall ensure all
areas of responsibilities are addressed relative to hiring requirements
(background investigations, fingerprinting, licensure, and registration),
recruitment and hiring of vacant and critical positions, and position descriptions.
The cost for all proposed positions shall be funded within the proposed per diem
rate.
1.9.9.1

The Director, or designee, shall participate with the selected Contract
Facility Operator in the hiring process, for the positions of Warden,
Deputy Warden and Chief of Security (or their private prison job title
equivalents).

1.9.9.2

The Contract Facility Operator shall submit written personnel
procedures to the Department ninety (90) days prior to the arrival of
the first inmate. Said procedures shall address, at least, the following:
1.9.9.2.1

Recruitment and selection practices, including in-service
training and staff development.

1.9.9.2.2

Job descriptions outlining essential functions of the job,
required knowledge, skills and abilities and minimum
qualifications.
Page 46

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.9.9.2.3

Compensation.

1.9.9.2.4

Medical, dental and other benefits.

1.9.9.2.5

Holidays.

1.9.9.2.6

Promotions.

1.9.9.2.7

Leave time.

1.9.9.2.8

Employee performance evaluation.

1.9.9.2.9

Disciplinary procedures (shall mirror sanctions and articles
of misconduct identified in DO 601 Administrative
Investigations and Employee Discipline.

1.9.9.2.10 Termination.
1.9.9.2.11 Resignation.
1.9.9.2.12 Personnel and training records.
1.9.9.3

Services and benefits identified under Contractor’s Staff Recruitment
and Hiring Practices shall be available to the Contract Facility
Operator’s employees throughout the term of this Contract. The
Contract Facility Operator shall ensure authorized subcontractors
provide similar services and benefits to their employees.

1.9.10 Staff Recruitment. All solicitations or advertisements for employees shall state
that unless there is a bona fide occupational qualification, all qualified applicants
will receive consideration for employment without regard to race, color, religion,
gender, sex, national origin, age (except as provided by law), or disability.
1.9.10.1 The Contract Facility Operator shall comply and ensure authorized
subcontractors comply with all State and Federal requirements relevant
to employment practices and procedures.
1.9.10.2 Mandated Positions/Posts: The Department considers the following
categories of personnel to occupy “mandated positions/posts.” These
positions/posts are: registered security, inmate health services, and
food service (kitchen) positions/posts. Mandated positions/posts shall
be filled at all times, either by full-time or part-time qualified staff, or
through the use of qualified temporary or overtime staff, until any
vacancy is filled.
Page 47

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.9.10.2.1 If applicable, mandated positions/posts, consisting of
personnel hired for the positions of Major, Captain,
Lieutenant, Sergeant, and Correctional Officers, shall be
registered by the Arizona Department of Public Safety as
Security Guards (officers), in accordance with the
requirements of A.R.S. Title 32, Chapter 26, Article 3 prior
to initiation of services. This defines those personnel as
“registered security.” (If outside Arizona, then staff are to
be similarly registered in the state in which the proposed
facility is located.)
1.9.10.2.2 The Offeror shall provide at least the minimum level of
experience required for all supervisory and management
staff and registered security that will be in place upon
arrival of the first inmate.
1.9.10.3 Non-Mandated Positions/Posts: Non-mandated positions/posts are
all other positions/posts authorized by the facility’s staffing pattern
that are not included as mandated positions/posts above.
If a non-mandated vacancy occurs that impairs the effectiveness of
service delivery or secure operation of the facility, the Contract
Facility Operator shall be required to fill the position/post immediately
upon written notice from the Department Contract Monitor. Coverage
of this non-mandated position/post shall be accommodated by
qualified temporary or qualified overtime staff until the vacancy is
filled.
1.9.10.4 Staff Vacancies and Monetary Offsets – General: A staff vacancy
occurs when a position/post is no longer filled by an active employee.
This may result from promotion, transfer, dismissal, resignation,
retirement, disability, military deployment, or long-term medical
leave. Even if the employee is still considered active with the Offeror,
the position/post becomes vacant when the employee is incapable or
unavailable to fill the position/post on a daily basis.
1.9.10.4.1 The Contract Facility Operator shall conduct recruitment
and hiring activities to ensure mandated and non-mandated
staff vacancies, including subcontractor staff vacancies, are
filled in accordance with the number and types
(classifications) of positions. The Contract Facility
Operator shall ensure that authorized subcontractors
actively recruit and fill vacant positions/posts within fortyfive (45) days.
Page 48

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.9.10.4.2 Monetary offsets can be assessed against the Offeror when
staff vacancies occur, until the position/post is filled. An
offset (reduction of the amount due for full payment of an
invoice) for the costs associated with the position(s)/post(s)
shall be imposed by the Department in the amount of mean
salary and full cost of benefits of the vacant position(s) for
each workday the position remains vacant. The Contractor
shall provide the Department Contract Monitor with a
current list of the salary and benefits for each of the
Contractor’s and subcontractor’s staff positions. This list
shall be updated annually or upon any adjustment to any
position.
1.9.10.4.3 Monetary offsets shall be determined by the number of
hours each week the position does not provide forty (40)
hours of coverage through either a qualified temporary or
qualified overtime staff. Part-time positions shall be offset
at a pro-rated amount; example: a half-time position shall
be offset for twenty (20) hours per week.
1.9.10.4.4 The Department considers a position filled when the
individual hired is functioning in the relevant capacity of
the position and earning compensation, not when the
position is announced, a selection is made, or when a
“hiring date” has been agreed upon.
1.9.10.5 Offsets – Mandated Positions/Posts: Offsets for unfilled mandated
positions/posts go into effect immediately. The continued practice of
having vacancies in mandated positions/posts may constitute an Event
of Default.
1.9.10.6 Offsets – Non-mandated Positions/Posts: All non-mandated
positions/posts that become vacant after initial hiring shall be filled
within forty-five (45) days after the date the vacancy occurred. Offsets
for non-mandated positions/posts go into effect the 45th calendar day
after the vacancy occurs.
1.9.10.6.1 Exception: offsets for any unfilled non-mandated post(s)
identified by the Department as impairing service delivery
or the secure operation of the facility, as identified herein,
shall go into effect upon written notice from the
Department.
1.9.10.6.2 The Contract Facility Operator's failure to fill a nonmandated position/post that has remained vacant for longer
Page 49

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

than forty-five (45) days may constitute an Event of
Default.
1.9.10.7 Hold Harmless: The Contract Facility Operator shall hold the
Department harmless from liability claims of third parties arising from
the Department’s participation in recruitment/hiring procedures.
1.9.11 Staff Background Investigations. The Contract Facility Operator shall conduct
background investigations, as required in DO 602, Background Investigations,
on all potential employees who will work on a routine basis at the facility,
including the Contract Facility Operator’s employees, volunteers, consultants,
independent contractors and subcontractors. Background investigations shall
include employment history, professional reference checks, military service,
licensure verification and personal history.
1.9.11.1 The Contract Facility Operator shall ensure that each applicant
completes the background investigation prior to hiring or allowing
access to the facility.
1.9.11.2 The Contract Facility Operator shall maintain complete copies of all
applicant background investigations and make these available to the
Department immediately upon request for review and/or audit.
1.9.11.3 The Department shall conduct National Crime Information Center /
Arizona Crime Information Center (NCIC/ACIC) computerized
criminal history checks for all potential security and non-security staff
as well as volunteers, consultants, independent Contractors, who will
be performing work within the facility. The Contractor shall pay the
Department a monthly service fee (currently $100.00) to cover costs
associated with NCIC/ACIC criminal history checks. The Department
shall notify the Contractor of any cost increase for this service.
Notification shall be in writing (and/or via email). The Contract
Facility Operator shall indicate a reduction of this fee once per month
on their invoice, generally during the second half of each month.
1.9.11.4 The Contract Facility Operator shall be responsible for all costs related
to licensure as a security agency and registration of security staff as
Security Officers as well as any other professional staff which require
a license/certification.
1.9.11.4.1 If applicable, licensure shall be in accordance with the
requirements of A.R.S. Title 32, Chapter 26.
1.9.11.5 The Contract Facility Operator shall ensure that security and nonsecurity staff, to include subcontractors, complete the forms listed
Page 50

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

below. Originals of the forms shall be provided by the Department.
The Contract Facility Operator shall be responsible for obtaining or
duplicating the forms as necessary.
1.9.11.5.1 Fingerprint Card, Form FD-258.
1.9.11.5.2 ADCRR Form 602-1, Background Questionnaire or Form
602-2, Correctional Officer Background Questionnaire,
whichever is appropriate.
1.9.11.5.3 Exhibit 12, Consent to Search as in accordance with DO
708, Searches.
1.9.11.6 Fees that may be charged by law enforcement entities to fingerprint
applicants shall be paid by the Contract Facility Operator.
1.9.11.7 The Department of Public Safety (DPS) or the relevant party out of
State charges a fee to process each individual fingerprint card.
Payment of this fee is the responsibility of the Contract Facility
Operator and is made directly to DPS or relevant out of State party.
1.9.11.8 The Facility Operator shall complete the attached Application Record
Notification form along with DO 602, Background Investigation
documents. This Application Record Notification form shall remain on
record at the facility.
1.9.11.9 The CBOD, or designee, shall provide the Contract Facility Operator
with approval or disapproval of each name submitted based on
NCIC/ACIC results.
1.9.11.10 If subsequent criminal information is obtained as a result of research
relative to the fingerprint card, the Department of Public Safety shall
advise the Contract Facility Operator. The Contract Facility Operator
shall notify the Department Monitor of any individual whose
fingerprint information has disclosed a history of criminal arrests
and/or convictions.
1.9.12 Agency Security Regulations. The Contractor shall comply with all Department
security regulations. Submission by the Contractor of employment and criminal
history background information and submission of fingerprints to the
Department shall be required.
1.9.13 Facility Procedures and Post Orders. At least ninety (90) days prior to acceptance
of the first inmate, the Contract Facility Operator shall submit written procedures
Page 51

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

and post orders for facility security and control. Written procedures and post
orders shall include the following:
1.9.13.1

A "secure" armory, i.e., hardened walls and ceiling, to store all
weapons, ammunition and chemical agents in compliance with
Department Written Instructions.

1.9.13.2

Procedures, equipment and staff training to ensure Contract Facility
Operator control of a Critical Incident.

1.9.13.3 Agreements/Contracts with local law enforcement authorities.
1.9.13.4 Providers of firefighting and emergency medical services shall have
access to the facility during emergency situations as requested by the
Contract Facility Operator, and in accordance with the Contract
Facility Operator’s security requirements.
1.9.13.5 Inmate Management Services. Institutional orders and post orders
regarding inmate management services and programs shall comply
with the requirements of the Department Written Instructions.
1.9.13.6 The Contract Facility Operator's procedures shall provide specific
direction to facility staff regarding applicable Department Written
Instructions.
1.9.13.7 The Contract Facility Operator’s Post Orders shall provide direction to
staff regarding responsibilities assigned to specific posts in support of
facility procedures.
1.9.13.8 All procedures and modifications shall be submitted to the Department
for written approval prior to implementation.
1.9.13.9 When changes occur to existing Department Written Instructions,
Administrative Rules, courses or curriculum, that are determined to be
relevant to the operation of the facility, the Department shall, via the
Department Contract Monitor (or other staff), notify the Contract
Facility Operator in writing (and/or via email). The Contractor may
request exemptions to any Department Written Order / Instruction or
section thereof. Said exemption requests must be made in writing to
the CBOD and shall be approved or disapproved in writing (and/or via
email) by the Director or designee.
1.9.13.9.1 Unless otherwise stipulated in writing (and/or via email)
by the Department, required changes to the Contract
Facility Operator’s written procedures, post orders, or
Page 52

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

manuals shall be accomplished by the Contract Facility
Operator within thirty (30) days after receipt of the
Department’s written notice and submitted to the CBOD
for approval.
1.9.13.9.2 Requests initiated by the Contract Facility Operator to
change written procedures, post orders, or manuals
previously approved by the Department shall be submitted
via the Department Contract Monitor for approval or
disapproval by the CBOD, or designee. Each request shall
be accompanied by written justification that details the
reason for the desired change(s) and a description of the
impact on the current operation if the change(s) is or is not
authorized.
1.9.13.9.3 In the event changes to applicable Department Orders,
Director’s Instructions, Administrative Rules, or courses
and curriculum increase the cost of the Contractor’s
fulfillment of its obligations under the Contract, the
Department is willing to review the changes and negotiate
a modification of the Contract to provide adequate
compensation for the more costly services. If a per diem
change is made, a contract amendment will be created.
1.9.14 Procedures for Employees to Report Problems. Offeror shall provide a plan
detailing procedures for employees to report problems. The plan shall
demonstrate that the Contract Facility Operator will have mechanisms in place
allowing prison employees to anonymously report safety and security problems
to facility management, facility ownership and to the Department. These
mechanisms shall include, but shall not be limited to, installation of suggestion
boxes for employees. At least one suggestion box installed by the Contract
Facility Operator shall be key-controlled by the Department Contract Monitor
assigned to the facility.
1.9.15 Required Staff Meetings with Department Representatives. The Department
may require the Contractor’s staff to attend meetings for the purpose of
coordination of services. All associated costs to attend described meetings shall
be the responsibility of the Contract Facility Operator. The Contractor shall
provide teleconference services to interface with the Department.
1.9.16 Assignment, Admission and Discharge Criteria. The Department shall have sole
authority to determine which inmates shall be assigned to and discharged from
the facility. Determination shall be based on the Department inmate
classification system, screening criteria relative to the facility and the committing
offense.
Page 53

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.9.17 Transportation:
1.9.17.1 Initial Loading: The Offeror shall provide in the proposal its Loading
Schedule for Initial transfer of Arizona inmates to the receiving facility
until the contracted capacity is reached. If Offeror’s facility(ies) is in
Arizona, the Department, at its expense, will transport inmates based
upon a mutually-agreed schedule. If Offeror’s facility(ies) is not in
Arizona, the Contractor, at its expense, will transport inmates based
upon a mutually-agreed schedule. Once a confirmed and agreed-upon
loading schedule is finalized, a contract amendment will be prepared
by Procurement Services to incorporate the schedule into the contract.
1.9.17.2 If Offeror’s facility(ies) is in Arizona, the Department, at its expense,
will transport inmates to and from the facility based on a transportation
schedule which coincides with the Department’s statewide movement.
The Contractor shall be responsible for the following inmate
transportation and all associated costs:
1.9.17.2.1 Any and all inmate transportation other than that stated
above to be done at the Department’s expense if Offeror’s
facility is in Arizona.
1.9.17.2.2 The Contractor shall transport inmates in accordance with
DO 705, Inmate Transportation.
1.9.17.2.3 The Contractor shall transport inmates to necessary
appointments (e.g., dental, medical, court, etc.) and
emergency medical care.
1.9.17.2.4 The Contractor shall utilize the same security precautions
applied by the Department for transportation of inmates.
Any equipment or vehicle modifications to comply with
Department requirements shall be borne by the Contractor.
1.9.17.2.4.1 The Department requires that all inmates
being transported by Contractor be escorted
by a minimum of two (2) officers armed with
a weapon approved by the Department. Costs
for firearms shall be the responsibility of the
facility operator. The two (2) armed officers
shall be required to accompany and remain
with the inmate during and after medical
appointments and medical emergencies.
Note: the Department follows these same
procedures.
Page 54

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.9.17.2.5 Upon the release of an inmate in Arizona, the Contractor
shall transport the inmate to a community corrections
office, a designated release placement, or to public
transportation.
1.9.17.2.6 Inmate Transportation – The Contractor shall transport
inmates to and from the facility following a schedule as
agreed upon with the Department. The Contractor shall be
required to transport an inmate(s) who is being returned to
a Department institution if the inmate’s date of return does
not correspond to the Department’s normal transportation
schedule.
1.9.17.2.7 If Contractor’s facility(ies) is not in Arizona, subsequent to
facility activation, the Department requires that the
Contractor return [a number to be determined at a later
date, or a number negotiated with the Contractor] inmates
to Arizona each month. The Department will provide [a
number to be determined at a later date, or a number
negotiated with the Contractor] inmates for the return trip.
1.9.17.2.8 If Offeror’s facility(ies) is not in Arizona, the Offeror shall
provide details on the means of transportation to be utilized
to transport inmates to and from Arizona. The plan shall
include the airport (if applicable) to be utilized, the size of
airplane and/or bus, and transport company to be used.
1.9.17.2.9 Subsequent to any Cancellation or Termination of the
Contract the Contractor shall return all inmates to Arizona
or a location designated by the Department.
1.9.18 Emergency Assistance / Services - Escapes. A.R.S. § 41-1609.03 requires that a
firm that contracts with any governmental entity for the provision of a
correctional facility be liable for the cost of any emergency, public safety, or
security services provided to the Contract Facility Operator by the State or any
political subdivision of the State and shall reimburse the State or any political
subdivision of the State for the cost of such services.
1.9.18.1 An Offeror awarded a contract as a result of this request for proposal
shall be liable for costs as required under A.R.S. § 41-1609.03.
1.9.18.2 In addition to A.R.S. § 41-1609.03, an Offeror awarded a contract as a
result of this request for proposal shall be liable for the cost of any
emergency, public safety, or security services, resulting from an
inmate escape or other emergency occurrence, incurred by the federal
Page 55

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

government and/or any other jurisdiction’s law enforcement agencies
and shall reimburse the federal government and/or other jurisdiction’s
law enforcement agencies for the cost of such services.
1.9.18.3 The Contract Facility Operator shall assist the Department of
Corrections Rehabilitation & Reentry and all other involved law
enforcement agencies, regardless of jurisdiction, as dictated, in the
recapture of escapees from the facility.

Page 56

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.10

FINANCIAL
1.10.1 Offerors shall provide, with their proposal, evidence of their ability to provide
the funds needed for all costs to implement their proposal until inmate loading
begins, as well as through the proposed time period when loading will be
completed and all contract requirements for services, management and
operations are met.
1.10.2 In accordance with A.R.S. § 41-1609.01, Offerors are required to submit Audited
Financial Statements for the last five (5) years, or for the number of years the
Offeror's firm has been in existence, if less than 5 years.
1.10.2.1

Financial reports, required in this section, shall include income
statements, statement of cash flow and balance sheets.

1.10.2.2 Audited Income Statements and Balance Sheets for the last five (5)
years or, if less than five (5) years in business, audited Statements for
the period of operation. Provide a Pro-Forma Income Statement for
the term of the contract for both the Company and specifically for this
contract.
1.10.2.3 The Department shall have the right to request additional financial data
in order to obtain information deemed necessary. Time-frames for
submittal and type(s) of financial data required shall be noted in the
Department written request for information.
1.10.3 Contractor shall provide annually the following Financial Statements:
1.10.3.1 Two copies of audited corporation Financial Statements prepared and
audited by an independent, licensed CPA according to Generally
Accepted Accounting Principles (GAAP) and including a balance sheet,
income statement, cash flow statement, and accompanying
accountant’s notes. Offeror shall state the date in their proposal
response that the statements will be provided to the CBOD each year,
with an additional copy provided to the ADCRR Procurement Office.
1.10.3.2 Two copies of audited Financial Statements specific to the Contract
prepared and audited by an independent, licensed CPA according to
GAAP and including a balance sheet, income statement, cash flow
statement, and accompanying accountant’s notes. Offeror shall state
the date in their proposal response that the statements will be provided
to the CBOD each year, with an additional copy provided to the
ADCRR Procurement Office.
1.10.4 Per Diem Rate. The Offeror’s proposed per diem rate must incorporate all costs
for the provision of all services and compliance with all requirements, with the
Page 57

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

exception of costs identified herein to be borne by the Department. The
Contractor shall assume all healthcare-related costs.
1.10.5 The Department will guarantee an overall occupancy rate of 90%, noting that
funding for this project requires an annual appropriation by the legislature.
1.10.5.1 The guaranteed overall occupancy rate of 90% shall begin when the
90% occupancy rate is achieved.
1.10.5.2 The 90% guarantee shall no longer be effective once the de-activation
schedule is approved by the Director based on termination or
cancellation of the Contract. The guarantee stops when the first inmate
is removed as part of the approved plan.
1.10.5.3 Should an exigent circumstance resulting from Contractor noncompliance occur whereby the Department removes inmates from the
facility or restricts movement of inmates into the facility, the
occupancy guarantee will be suspended and payment will only be
made on actual inmate count at the facility until such time as the
Contractor brings its performance back into compliance and the inmate
population is restored to the occupancy guarantee level by the
Department.
1.10.6 Fee Schedule. The Offeror shall be required to provide a Fee Schedule (Fee
Schedule Section).
1.10.6.1 Utilizing the Fee Schedule, Attachment 9, the Offeror shall be required
to provide a breakdown of relative daily costs, per inmate, per day,
that are included in the per diem rate.
1.10.6.2 Categories of expense, as shown on the Fee Schedule, shall be used to
identify the relative daily cost applied to each expense item.
1.10.6.3 All expenses shall be identified within the structure of the Fee
Schedule.
1.10.6.4 The Fee Schedule shall be signed by the authorized signatory.
1.10.6.4.1 The Department has a right to request additional detailed
information relative to any expense item.
1.10.6.5 The Department may accept a Fee Schedule which reflects a variable
per diem rate that is based upon occupancy levels (sliding scale or
tiered pricing).
Page 58

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.10.6.6 The Offeror’s proposed per diem rate shall incorporate all costs for
service provision, with the exception of costs identified herein to be
borne by the State.
1.10.6.7 The per diem rate may be subject to adjustment each year in
accordance with A.R.S. § 41-1609.01 (D).
1.10.7 Budget Narrative. The Offeror shall be required to provide written narratives for
each cost item on the Fee Schedule.
1.10.7.1 Utilizing the Budget Narrative, Attachment 10, the Offeror shall be
required to provide supporting detail relative to each expense category.
1.10.7.2 Calculations provided by the Budget Narrative shall break down to the
total daily costs shown on the Fee Schedule.
1.10.7.3 The Budget Narrative shall be descriptive and provide the Department
of Administration with enough detail to explain how the cost for the
expense category was calculated.
1.10.8 The Offeror may computerize the Fee Schedule and Budget Narrative forms;
however, format and content shall remain unchanged.
1.10.9 Per Diem Invoicing. The Contract Facility Operator shall utilize the invoice
format directed by the Department to submit semi-monthly (twice per month)
Per Diem Invoices. All information requested shall be provided to the
Department as identified in Section 15, for processing and payment.
1.10.10 Annual Cost Adjustments. The Contract Facility Operator may be eligible to
receive consideration for an annual cost adjustment in accordance with A.R.S. §
41-1609.01(D) and (E), subject to approval of funding and authorization.
1.10.11 Annual Cost Adjustment Amendment(s). Amendments regarding annual cost
adjustments that are approved by the Department and funded by the Legislature
in accordance with A.R.S. § 41-1609.01 shall be effective on the anniversary of
the Contract activation date, or when dictated by the Legislature.
1.10.11.1 Adjustments shall be subject to availability of monies appropriated.
1.10.11.2 In accordance with A.R.S. § 41.1609.01(D), the Department may
consider a request for an annual cost adjustment. The request shall be
submitted each year no later than July 1st, 365 days prior to the
beginning of the fiscal year in which the adjustment is sought.

Page 59

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.10.11.2.1 Rate adjustments relative to construction or renovation
costs shall not be entertained unless such requests are
relevant to changes required by the Department and not
related to the Contract Facility Operator's failure to
adequately anticipate the needs of the physical plant or
security requirements.
1.10.11.3 If an approved adjustment results in an increase in cost to be paid by
the Department, said increase shall not exceed the percent of change in
the average Consumer Price Index (CPI-U, U.S. city average, all
items) published for the most recent calendar year prior to the
anniversary of the Contract activation date as published by the United
States Department of Labor, Bureau of Labor Statistics, unless a
greater amount is authorized and funded by the Legislature.
1.10.11.4 Annual requests for cost adjustments shall be submitted to the
Department. Requests shall include documentation in the form of a
revised Fee Schedule and supporting Budget Narrative forms.
1.10.11.4.1 The Fee Schedule and Budget Narrative shall address only
those areas of cost impacted by the Contract Facility
Operator’s request for adjustment so the Department may
see the categories of cost affected and read the
justification contained in the Budget Narrative, which
shall also include calculations comparing previous
expenses with current expenses.
1.10.11.4.2 Annual cost adjustments which include consideration for
salary increases shall include a comparative analysis, by
job classification, of wages within the geographic region
to include Department wages and competitive Contract
Facility corporations.
1.10.11.4.3 Annual cost adjustments based on professional services
shall include documentation of effort to acquire
alternative delivery entities and the associated costs.
1.10.11.4.4 Annual cost adjustments based on adjustments associated
with utility services shall include documentation of
efforts to seek alternative services and/or modification to
existing services.
1.10.11.5 The Department shall have the right to request and receive additional
information, statistics, etc., and to direct the content, form and format
Page 60

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

of presentation as it deems necessary to validate the Contract Facility
Operator’s request for an annual cost adjustment.
1.10.11.6 Request for further clarification of annual cost adjustments, pursuant
to or in connection with this Contract, unless otherwise noted, shall be
delivered in person or sent by United States mail, postage prepaid,
return receipt requested. Failure to respond to the Department request
within the time frames specified shall nullify the Contract Facility
Operator’s request.
1.10.12 Other Cost Adjustments/Modifications. A cost adjustment to this Contract that
applies to A.R.S. § 41-1609.01, may be granted if the Legislature specifically
authorizes the adjustment and appropriates monies for that purpose.
1.10.12.1 Specific to A.R.S. § 41-1609.01, the Department shall follow the
legislative process to support each approved cost adjustment.
1.10.12.1.1 The Department may support the Contract Facility
Operator's request for payment depending upon the
individual circumstances related to each request. Such
increase may be retroactive, as determined by the
Department.
1.10.12.2 The Department shall not consider requests from the Contract Facility
Operator for cost increases related to renovation or construction
activities unless the Contract Facility Operator is directed by the
Department to renovate or construct a particular structure at the
direction of the Department.
1.10.12.2.1 The Contract Facility Operator shall not submit a request
for a cost increase related to renovation or construction
expenses the Contract Facility Operator chooses to
undertake, nor pass through such costs to the Department
in subsequent requests for cost increases. Any such
renovation or construction project must be approved by
the Department prior to initiation of work.
1.10.13 Sale of the Contract Facility. If the Contractor intends to sell the Contract
Facility during the term of the Contract, the following provisions shall apply:
1.10.13.1 The Contract Facility Contractor shall give the Department written
notice of its interest in selling the facility a minimum of 365 days
prior to the execution of any agreement for sale.

Page 61

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.10.13.2 The Department shall have a right of first offer to purchase the
Contract Facility on the terms and conditions at which Contractor
proposes to sell the facility to a third party.
1.10.13.3 If the Department declines to purchase the Contract Facility, and the
property is to be sold to a third party, the new Owner, if it also
intends to be the Contract Facility Operator, shall meet all statutory
requirements of A.R.S. § 41-1609.01, assume all obligations
contained herein, and accept this Contract as is. As stated in the
Uniform Terms and Conditions, Section 5.3, Assignment and
Delegation, the Contractor shall not assign any right nor delegate any
duty under this Contract without the prior written approval of the
Department’s CPO.
1.10.13.4 Prior to execution of any sale, the Department reserves the right to
request all legal documentation confirming the sale, and other
documentation required by the terms of this Contract, e.g., financial
statements, etc.
1.10.13.5 If the property is sold, the new Owner shall not assign or subcontract
certain critical operational functions of the Contract Facility, e.g.,
security, correctional officer duties, substance abuse treatment
services, food services, health services, without prior written approval
of the Department. Contract Facility management and/or security
functions shall not be assigned or subcontracted.
1.10.14 Refinancing the Contract Facility. If the Contract Facility Contractor wishes to
refinance the Contract Facility during the term of the Contract, the Department
shall have the right to approve the refinancing structure.
1.10.14.1 The refinancing structure shall meet all statutory requirements of
A.R.S. § 41-1609.01.
1.10.14.2 Prior to execution of any refinancing, the Department reserves the
right to request and review all documentation confirming the
refinancing.
1.10.14.3 If refinancing causes a change in property ownership, the new Owner
shall assume all obligations contained herein, and accept this Contract
as is.
1.10.14.4 The Owner, Contractor/Manager shall not assign or subcontract
certain critical operational functions of the Contract Facility, e.g.,
security, correctional officer duties, substance abuse treatment
Page 62

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

services, food services, health services, without prior written approval
of the Department.
1.10.14.5 If the Owner is not the Contractor/Manager, no changes in the current
Contractor/Manager shall be permitted without prior written approval
of the Department.
1.10.14.6 The Department shall not provide any guarantees, warrantees,
disclosures or other instruments of comfort to the Offeror or financing
institution to assist in financing efforts, except as may be publicly
available.

Page 63

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.11

STAFFING
1.11.1 Offerors shall provide an illustration of the deployment of the mandatory
positions and posts required to operate each shift in a safe and secure manner and
provide required inmate services. Deployments by shift shall be superimposed on
schematic drawings of the proposed facility. General Staffing Patterns shall
demonstrate that an adequate number of security and non-security staff are in
place to ensure supervision for the custody, control and safety of the assigned
inmate population by qualified staff.
1.11.1.1

The Offeror shall describe how the staffing pattern supports the
administration of custodial services. The Director, or designee, may
determine any necessary modifications within the limits of the
proposed total positions. Offeror’s proposed staffing levels shall be
reviewed consistent with the operational demands of the population,
the proposed physical plant, and the Offeror’s ability to successfully
staff for the delivery of custodial services. The Department will
determine the posts included in each level that will be used in the
Contract terms, prior to any final Offer.

1.11.1.2

The Offeror shall describe the deployment (by position and shift) in
the following categories: Administrative Support, Management
Support, Physical Plant, Medical, Dental, Nursing, Pharmacy, Mental
Health, and Substance Abuse. The Offeror shall provide the necessary
documentation to substantiate the number of staff, their assignments
and case load, and relevant National Standards used in describing this
process.

1.11.1.3

The Department is cognizant that there may be differences in
terminology between the Department and the Offeror in the area of
job classifications and job titles. As a result, references made to
specific titles appearing in ADCRR Department Orders and other
written instruction may not have a direct correlation to titles in use by
Offeror staff. Thus, to eliminate any potential for confusion, the
Department reserves the right to identify and implement working
titles for Offeror job classifications that are equivalent to their
counterparts in the Department, based on daily job duties and
responsibilities. These working titles will be used to apply relevant
Department Orders to Offeror staff, ensuring continuity of operations
and consistent policy compliance, and more effectively identifying
work assignments by job classification. Furthermore, the Department
strongly supports the Offeror’s own voluntary adoption of these
equivalent working titles for its staff.

Page 64

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.11.2 Utilizing General Staffing Pattern, Attachment 11, Offerors are required to
submit a staffing pattern that shall demonstrate an adequate number of security
and non-security staff. The General Staffing Pattern shall include twenty-four
(24) hour supervision as well as adequate, qualified staff to provide all required
services. The Offeror shall provide a detailed staffing pattern for all
positions/posts necessary to operate the contract facility, by shift and shift time.
1.11.2.1

Provide staff posting plan for all Security, Health Service,
Programming, Administrative Support and Food Service
positions/posts.

1.11.2.2

The Contractor shall maintain staffing levels appropriate to the actual
level of inmate occupancy based on facility activation and loading
schedule. The Offeror shall provide the Department staffing patterns
that specifically address facility start-up through full activation.

1.11.2.3

The General Staffing Pattern is designed to anticipate the facility will
maintain a primarily three-shift (8 hours per shift) operating schedule.
However, the Offeror may additionally choose to submit a proposed
two-shift (12 hours per shift) operating schedule, in the event security
staffing levels could eventually necessitate implementing such a
pattern.

1.11.2.4

The General Staffing Pattern shall list those positions funded by the
per diem. Positions to include: security, administration, programs,
food service, medical, dental, mental health, maintenance and all
positions to be provided by an authorized subcontractor(s). The
Offerors relief factor shall ensure mandatory coverage in the absence
of an employee. The Offeror shall identify relief factors for:
1.11.2.4.1 Five day 8 - hour posts.
1.11.2.4.2 Seven day 8 - hour posts.
1.11.2.4.3 Seven day 16 - hour posts.
1.11.2.4.4 Seven day 24 - hour posts.
1.11.2.4.5 Four day 10 - hour posts.

1.11.3 Utilizing Position Description, Attachment 12, Offerors shall provide a formal
position description for each position indicated on the General Staffing Pattern.
1.11.4 Offerors shall detail staffing patterns for the following functions, by shift and
shift time.
Page 65

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.11.4.1

Plan Management

1.11.4.2

Religious Services (minimum required ratio 1200:1)

1.11.4.3

Resource Center and Legal Access Services

1.11.4.4

Education (minimum required ratio 40:1) as an example, staffing
recommendations for a 1000 bed institution would be 5 Literacy/GED
teachers, 2 Career Technical Education teachers (may be
subcontracted), 1 Librarian, 1 Correctional Education Program
Supervisor, and 1 Administrative Assistant I.

1.11.4.5

Case Management and Psycho-educational Programs (required ratio
100:1).

1.11.4.6

Health and Mental Health, and Substance Abuse Services. See Mental
Health and Substance Abuse Services Section for ratio information.

1.11.5 Staff who will be employed by the Contractor shall:
1.11.5.1

Be a citizen of the United States or be eligible to work in the United
States.

1.11.5.2

Be at least eighteen (18) years of age for all positions in the security
series through Warden positions to include case management
positions.

1.11.5.3

Be a high school graduate or have successfully completed a General
Education Development (G.E.D.) examination or equivalent as
specified in R13-4-203(C)(3).

1.11.5.4

Have a valid State-issued driver's license (Class 2 or higher).

1.11.5.5

Undergo a complete background investigation that meets the
standards of R13-4-203 and is consistent with Department-approved
policy.

1.11.5.6

Pass a drug screening test consistent with Department-approved
policy.

1.11.5.7

Not have experimented with marijuana within the past 12 months.

1.11.5.8

Not have experimented with a dangerous drug or narcotic within the
past five years.
Page 66

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.11.5.9

Not have ever illegally used marijuana, or a dangerous drug or
narcotic other than for experimentation.

1.11.5.10 Not have a pattern of abuse of prescription medication.
1.11.5.11 Not have a record of a felony conviction; not have committed a
misdemeanor of a nature that has a reasonable relationship to the
functions of the position.
1.11.5.12 Commit to the Department Code of Ethics, contained in DO 501,
Employee Professionalism, Ethics and Conduct.
1.11.5.13 Not have been dishonorably discharged from the United States
Armed Forces.
1.11.5.14 In addition to the above, security staff shall:
1.11.5.14.1Pass a pre-service training program equivalent to that
provided by the Department through its Correctional
Officer Training Academy (COTA).
1.11.5.14.2Undergo a physical examination (within 12 months before
appointment) as prescribed by a licensed physician
designated by the Director or designee.
1.11.5.14.3The Offeror shall require all security staff to pass a preemployment medical, physical, and psychological
examination equivalent to that provided by the
Department.
1.11.5.14.4The cost for all examinations shall be borne by the
Offeror.
1.11.6 If the Contract Facility Operator or an authorized subcontractor desires to
establish a new position(s) or reallocate an existing position, a Position
Description shall be completed and submitted to the Department Contract
Monitor along with a letter stating the reason for the proposed position(s).
1.11.6.1

The Department Contract Monitor shall submit such requests from
the Contract Facility Operator to the CBOD, or designee, for approval
or disapproval.

1.11.6.2

If requested changes are approved, the Director, or designee, shall
advise the Department Procurement Services Office of the approved
changes by written notice (and/or via email). Contractor shall produce
Page 67

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

and submit to the CBOD a new General Staffing Pattern including the
approved changes. Once reviewed and approved, the CBOD shall
submit the new General Staffing Pattern to Procurement Services
along with written confirmation of the Department’s approval.
Procurement Services shall then provide copies of the new approved
General Staffing Pattern to all involved parties, and prepare a contract
amendment replacing the previous General Staffing Pattern with the
newly approved one.
1.11.6.2.1 The revised and approved General Staffing Pattern shall
be effective on the date of approval by the Director or
designee.
1.11.6.3

If the new position or reallocation results in a change to the per diem
rate, a new completed Fee Schedule and Budget Narrative shall be
provided by the Contract Facility Operator. The Fee Schedule and
Budget Narrative shall clearly identify:
1.11.6.3.1 Expense categories impacted by adding the position(s).
1.11.6.3.2 The proposed per diem rate.
1.11.6.3.3 If the requested change(s) results in an increase or
decrease to the per diem rate, and is approved by the
Director, or designee, a formal written contract
amendment shall be required in order for the revised
per diem rate to become effective.

1.11.7 Staff Training. Training equivalent to that of the Department shall be required
for all Contract Facility Operator employees, to include Correctional Officer
Training for security staff, Plan Management Training for case workers, and both
pre-service and in-service non-security training for all staff employed at the
facility. In all cases, computer-based training may be made available to augment
or replace select classroom training, at the Department’s discretion.
1.11.7.1

The Contractor shall receive Department training information to
include curricula, lesson plans, external data storage devices, other
training materials, and training website access, if applicable. This
information is considered proprietary. The Contract Facility Operator
shall utilize the information for the purposes of this Contract only.

1.11.7.2

Upon the completion or termination of the Contract, whichever
occurs first, all Confidential Business Information (CBI), as described
in Exhibit 13, shall be returned to ADCRR or destroyed by the
Page 68

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

Contractor. The Contractor will confirm that all CBI has been either
returned or destroyed.
1.11.7.3

The Offeror shall describe who will provide the training, to include:
necessary credentials, qualifications, experience, and status, i.e., inhouse staff or outside trainers via contract. Additionally, provide
information on how and where training will take place prior to facility
activation and post-facility activation.

1.11.7.4

Contract Facility Operator staff, approved by the Department, shall
participate in the Department Train-the-Trainer program to enable the
Contract Facility Operator’s staff to provide ongoing training in
technical areas as authorized by this Contract.

1.11.7.5

The Contract Facility Operator shall hold the Department harmless
from liability claims of third parties arising from the Department’s
participation in staff training procedures.

1.11.8 Pre-Service Training. Training for Security Officers and Plan Managers is
subject to modification at the discretion of the Department. Such training
requirements may be modified to be consistent with sound correctional practices
as determined by the Department, to include accelerating or lengthening of the
training period. The Contract Facility Operator shall be required to meet the
modified requirements without additional compensation.
Lesson plans for all subject areas shall be submitted to the CBOD for review and
approval sixty (60) days prior to initiation of staff training. The Department’s
Staff Development & Training Bureau Chief Learning Officer, or designee, shall
review and approve all lesson plans. All courses shall be taught in accordance
with Department-provided curricula and lesson plans.
1.11.9 Pre-Service Non-Security Training. Department curricula and lesson plans shall
be used for the required courses. New Employee Orientation (NEO) is described
in the Department Annual Training Plan. Employees who will have significant
contact with inmates shall complete the training titled Communicable Disease,
Correctional Analysis and Response to Emergencies (CARE) which includes
Basic Life Support (BLS) and First Aid, and Oleoresin Capsicum (OC) Spray
training as part of the pre-service training program and prior to their assignment
to the facility. Other courses may be mandated at any time, due to changes in
statute, court order, or Department policy.
1.11.10 Optional Courses Pre-Service Non-Security Training. Optional courses may be
developed by the Contract Facility Operator, subject to the approval of the Staff
Development & Training Bureau Chief Learning Officer or designee.
Page 69

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.11.11 COTA Media Materials. The Department shall provide the Contract Facility
Operator, at no cost, copies of video tapes, CDs or DVDs, and/or other
electronic/digital media files (.mp3, .wav, .mp4, .avi, etc.), used for staff training
purposes.
1.11.12 In-Service Training. The Contract Facility Operator shall provide annual InService training to all staff, to include subcontractors, their employees, agents or
representatives as identified in the Department of Corrections Rehabilitation &
Reentry Annual Training Plan.
1.11.12.1 The Contract Facility Operator shall provide the Department Contract
Monitor with the facility’s in-service training plan by July 15th of
each fiscal year. Any necessary training resulting from a Department
policy change shall be incorporated into the Annual Training Plan at
no cost to the Department. The Annual Training Plan shall be
submitted in the following format:
1.11.12.1.1Work plan introduction.
1.11.12.1.2Institutional demographics.
1.11.12.1.3Needs assessment:
1.11.12.1.3.1 Line staff needs.
1.11.12.1.3.2 Supervisor / Manager needs.
1.11.12.1.3.3 Department needs and
including required training.

mandates,

1.11.12.1.3.4 Institutional needs and mandates.
1.11.12.1.4Annual calendar for training activities, by month and
topic.
1.11.12.1.5List of certified instructors with a list of topics each will
teach.
1.11.12.1.6Training recommendations.
1.11.12.1.7Approval / signature page.
1.11.12.2 The CBOD, or designee, in conjunction with the Department Staff
Development & Training Bureau Chief Learning Officer, shall
respond in writing to the Contract Facility Operator indicating
Page 70

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

approval or disapproval of training material within thirty (30) days
after receipt of the information.
1.11.12.3 If any proposed training segment is disapproved, reasons for such
disapproval shall be stated. The Contract Facility Operator shall make
required changes and resubmit the proposed training segment within
thirty (30) days after receipt of the disapproval.
1.11.12.4 The Offeror shall identify all armed posts consistent with the
proposed staffing pattern and provide a plan for firearms training to
ensure coverage.
1.11.12.5 The selected Contract Facility Operator shall be required to provide
firearm training to all Security Officers to assure that sufficient
coverage is available to meet the transportation requirement as
specified in DO 705, Inmate Transportation. Additionally, firearms
training shall be provided to all security officers to adequately support
any armed response to an emergency situation.
1.11.12.6 The Contract Facility Operator shall establish and maintain all staff
training records in accordance with direction given by the
Department.
1.11.13 Instructor Certification. The Contractor’s instructors shall be certified prior to
providing training.
1.11.13.1 Certification shall be by one of the following:
1.11.13.1.1Arizona Peace Officer Standards and Training Board
(POST).
1.11.13.1.2The Department.
1.11.13.1.3Other: As approved by the Department.
1.11.13.2 The Department, if requested, may provide instructor certification
training at a place and time determined by the Department.
Requested training shall be within a reasonable period of time.
Participation by Contract Facility Operator’s staff shall remain at the
discretion of the Department. The Contractor shall pay all costs for
materials to train instructors.
1.11.14 Staff Instructors. If an instructor has previous professional experience in staff
instruction, the instructor must attend and successfully complete an instructor
Page 71

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

training program conducted by the Department in order to be recommended for
certification.
1.11.15 Specialty Instructors. Specialty Instructors are those instructors who have
received additional training in specialty areas, e.g., Self Defense, Correctional
Analysis & Response to Emergencies (CARE) which includes Basic LifeSupport (BLS), Lethal/Non-Lethal Weapons, Cultural Diversity, Incident
Command System, etc. In addition to maintaining Staff Instructor certification,
Specialty Instructors must maintain current certification in their specialty area.
1.11.16 Specialty Area Training. The Department shall provide initial training to
designated Contract Facility Operator staff in the following specialty areas of
facility operations. The Department shall furnish applicable technical manuals
and/or curricula to the Contract Facility Warden. Technical manuals and/or
curricula shall be used by the Contract Facility Operator in the provision of
specialty area training to replacement staff, or as refresher training.
1.11.16.1 ACIS. Focus of instruction entails system access, data entry
requirements, and system security.
1.11.16.2 Inmate Records. The purpose of instruction is to teach the
requirements and processes for maintaining inmate records, as well as
responsibilities of record-keeping personnel. Contract Facility
Operator staff assigned to the inmate records area may be required to
participate in up to six weeks of on-job-training at a Department
institution prior to performing assigned work tasks at the facility.
1.11.16.3 Inmate Banking. Instruction specific to the management of inmate
funds, e.g., deductions from inmate wages, discharge and clothing
allowances, receipt and posting of money received from work
programs, etc. Contract Facility Operator staff assigned to inmate
banking activities may be required to participate in one week of onjob-training at a Department institution prior to performing assigned
work tasks at the Contract Facility.
1.11.16.4 As requested or needed, the Department may provide additional
training regarding inmate banking procedures in order to ensure all
records of inmate banking transactions satisfy requirements of the law
and the needs of the Department. The Contract Facility Operator shall
maintain inmate trust accounts on an Inmate Record System in
accordance with DO 905, Inmate Trust Account/Money System.
1.11.17 Inmate Systems. The Department shall furnish applicable technical manuals
and/or curricula to the Contract Facility Warden. Technical manuals and/or
Page 72

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

curricula shall be used by the Contract Facility Operator in the provision of
training to replacement staff, or as refresher training.
1.11.17.1 The Department on-site monitoring staff shall provide initial training
to designated Contract Facility Operator staff in the following inmate
systems:
1.11.17.1.1

Classification. Instruction enables assigned Contract
Facility Operator staff to acquire a basic understanding
of the Department inmate classification system, levels
of custody, etc.

1.11.17.1.2

Discipline. Instruction provides assigned staff with an
understanding of the inmate disciplinary process, the
rules of discipline and the role staff members must
assume to enforce the rules of discipline.

1.11.17.1.3

Grievance. Assigned staff shall obtain an understanding
of the inmate grievance process and their role in the
process.

1.11.17.1.4

Direct Supervision. Staff shall obtain an understanding
of the principles and practicable application of direct
supervision.

1.11.17.2 The Department shall provide re-training to designated Contract
Facility Operator staff when there is a change to the operation of an
inmate system. At the Department’s option, this training may be a
“train the trainer” type event; the Contract Facility Operator would
then train their workforce.
1.11.18 The Contract Facility Operator shall maintain a sufficient number of back-up
staff to perform work required in specialty and inmate system areas.
Experienced Contract Facility Operator staff shall train new hires as well as staff
who may transfer or promote to positions in specialty and inmate system areas.
Failure on the part of the Contract Facility Operator to provide the required staff
or the required training may result in an Event of Default against the Contract
Facility Operator.
1.11.19 Designated Department staff experienced in specialty areas of prison operations
and inmate systems shall be available, if requested by the Contract Facility
Operator, to assist in training or problem remediation. If Department staff is
requested to provide specialty or inmate systems instruction, or if the Department
must intervene to remediate problems, the Contract Facility Operator shall
reimburse the Department.
Page 73

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.11.19.1 The Contract Facility Operator shall reimburse the Department for
staff time and any other associated costs, e.g., travel expenses and
overtime (as such costs are applicable) for specialty training.
1.11.20 In accordance with A.R.S. § 31-228, Procedure for discharge of prisoner; return
of property; furnishing money, clothing and transportation ticket; allowing hair
to grow before discharge, as amended, the Department shall provide instruction
to designated Contract Facility Operator staff, as requested or needed, for
remediation purposes as determined by the Department, relative to the
management of inmate “dedicated discharge accounts”.
The Department shall reimburse the Contract Facility Operator for discharge
allowance paid to eligible inmates in accordance with DO 905, Inmate Trust
Account/Money System.

Page 74

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.12

CORRECTIONAL SERVICES
1.12.1 Security Activities. The Offeror shall provide a written plan or methodology to
handle the following security related activities. The plan shall demonstrate
management of these activities in full compliance with all applicable Department
Orders and Director’s Instructions, and per A.R.S. § 41-1609.02, shall be at least
the same quality or superior in quality to those provided by the Department:
1.12.1.1

Control of Yard Activities and Inmate Movement.

1.12.1.2

Inmate Accountability and Counts, to include inmate programs.

1.12.1.3

Perimeter Control, Patrols, and Surveillance.

1.12.1.4

Internal Communications; Logs and Records.

1.12.1.5

Inspections.

1.12.1.6

Inmate Work / Program Assignment Tracking.

1.12.1.7

Security Equipment Storage and Access.

1.12.1.8 Inmate Drug Testing in accordance with DO 709, Substance Abuse,
Detection and Control.
1.12.1.9 Key Control.
1.12.1.10 Tool Control.
1.12.1.11 Critical Incidents / Emergency Management.
1.12.1.12 Compliance with Prison Rape Elimination Act (PREA). The Offeror
shall address each of the standards referenced in 28 C.F.R. Part 115.
1.12.1.13 Hazardous Material Accountability and Storage (Chemical Control).
1.12.1.14 Compliance with Fire Safety standards and Occupational Safety
protocols.
1.12.1.15 Inmate Detention/Segregation.
OFFEROR SHALL PROVIDE A PLAN AND DESCRIPTION FOR EACH SECTION
BELOW: (1.12.2 THROUGH 1.12.19)

Page 75

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.12.2 Management Information Systems. Department standards place data entry
requirements on various inmate program/service areas. In addition, some
program/service areas have access to specific information on Arizona
Correctional Information System (ACIS). Areas requiring access are: Food
Service, Inmate Health Services, Inmate Education, Library Access, Visitation,
Inmate Files/Records, Inmate Banking, Work Incentive Pay Program (WIPP),
Inmate Accountability, Plan Management, and Administration. The Department
shall permit the Contract Facility Operator limited access to ACIS to allow the
Contract Facility Operator to input specific information. Data contained in ACIS
shall not be downloaded to the Contract Facility Operator's information system.
The following requirements apply to ACIS and any future replacements. ACIS is
hereinafter referred to as the “ADCRR System.” The Contract Facility Operator
shall be required to provide necessary hardware to access the current or future
ADCRR System.
1.12.2.1 Management Information Systems - Describe data processing services,
equipment and resources intended to be available to collect the same
data contained in existing Department automated information systems,
i.e., hardware, access, software, security, quality control.
1.12.2.2 Prior to ADCRR System access, the Contract Facility Operator shall
ensure the Department receives the name of any employee whose work
responsibilities require ADCRR System access so security password
clearance can be authorized. Identified staff shall be required to attend
training provided by the Department relative to the basics of the
ADCRR System.
1.12.2.3 Designated Department staff shall perform audits relative to ADCRR
System access.
1.12.2.4 The Contract Facility Operator shall utilize the same or compatible
computer software utilized by the Department when reporting to or
providing information to the Department and shall have Internet
capability to facilitate electronic communications. In the event the
Department changes its computer technology, the Contract Facility
Operator shall change to comply with the Department Data
Management System and Technology, without cost to the Department.
1.12.3 The Contractor shall meet the following requirements at no cost to the
Department:
1.12.3.1 Provide and maintain dedicated (to the Department) data circuits of an
appropriate bandwidth, as determined by the Department, to support
designated on-site Department staff.
Page 76

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.12.3.2 Dedicated telephone lines of an adequate number allowing direct
access to/from law enforcement and fire department first responders,
without interruption or routing through a voice-prompted answering
machine, shall be required in Control Center and Emergency
Command Post.
1.12.3.3 The Contract Facility Operator shall provide Department monitoring
staff exclusive use of office space and equipment, i.e., desks, chairs,
file cabinets, multifunction printers with multi-page scanning
capabilities that can scan to a network shared drive or PC shared drive,
office supplies, computers (computer equipment and software, to be
updated to maintain compliance with Department standards), etc., for a
minimum of four (4) Department staff per 1000 (or fewer) bed unit, or
at least one (1) staff per 250 beds, if larger. (Note: This requirement
may be reduced by the Department if the facility is located outside
Arizona.)
1.12.3.4 One dedicated check printer including a check protector feature
conforming to Department standards for the purpose of inmate
banking. Check printer shall be located and secured in the Department
of Corrections Contract Monitor’s office.
1.12.3.5 Radios (one per each monitoring staff member) tuned to the secure
prison's frequency for the exclusive use of Department staff assigned
to monitor the Contract Facility.
1.12.4 Trust Accounts/Banking Activities. In accordance with DO 905, Inmate Trust
Account/Money System, the Contract Facility Operator shall be required to use
the Department Inmate Banking System (a subsystem of the ADCRR System as
identified herein).
1.12.4.1 The Contract Facility Operator shall be accountable for inmate
banking transactions from the date of receipt of an inmate until the
date the inmate is:
1.12.4.1.1 Returned to a State prison.
1.12.4.1.2 Transferred to another facility under Contract with the
Department and the account is transferred to the
inmate’s new location.
1.12.4.1.3 Released and the account is closed.
1.12.4.1.4 Deceased, in which case the Department will provide
additional guidance.
Page 77

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.12.4.2 The Contract Facility Operator shall hire at least one full-time account
technician whose primary responsibility shall be to process inmate
trust account/banking activities utilizing the Department’s Inmate
Banking System to ensure consistent and prompt posting of money to
inmate accounts along with the ability to track the following:
1.12.4.2.1 Inmate assignments and pay.
1.12.4.2.2 Inmate trust account balances.
1.12.4.2.3 Inventory control.
1.12.4.2.4 Inmate commissary sales.
1.12.4.3 The Contract Facility Operator shall be responsible for supplying the
account technician with the equipment (e.g., computer(s), printer(s),
etc.), to perform inmate banking functions.
1.12.4.4 The Contract Facility Operator shall provide adequate cross-training to
ensure back-up staff is available in the absence of the account
technician.
1.12.4.5 Records relative to inmate trust accounts shall be maintained for five
(5) years after Contract termination or expiration.
1.12.5 Files/Records. All documents, files, and records, whether hardcopy or electronic,
are State of Arizona property. The Contract Facility Operator shall be required to
maintain confidentiality in accordance with A.R.S. § 31-221 as well as Section 3
of the Uniform Terms and Conditions.
1.12.5.1 The Department shall deliver "special purpose files/records" to the
facility. These may include the institutional file, medical record,
visitation record, and individual programming plan and are subject to
the same privacy and security regulations as the official Master Record
File.
1.12.5.1.1 The Contract Facility Operator shall only have access to
pre-sentence reports and National Crime Information
Center (NCIC), Arizona Crime Information Center
(ACIC), and Computerized Criminal History (CCH)
information as required.
1.12.5.2 The “special purpose files/records” shall be transferred through the
correctional system with the inmate. The Contract Facility Operator
Page 78

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

shall be required to maintain such records in good order and in the
format required by Department Written Instructions.
1.12.5.3 Upon an inmate's release from the contracted facility by transfer to a
Department institution, release to the community, or death, the
files/records shall be returned to the Department.
1.12.5.4 All files/records are to be maintained in a locked and secure area
limiting access in accordance with Department Written Instructions.
1.12.5.5 The Contract Facility Operator shall be responsible for all costs to
duplicate or obtain Department forms used in such “special purpose
files/records.” (Certain one-part forms will be made available to
download and print from the Department intranet.)
1.12.5.6 The Contract Facility Operator shall be required to maintain electronic
data as well as hard copy inmate files/records in accordance with
Department Written Instructions. The establishment and maintenance
of inmate files/records (electronic and hard copy), other than those
specifically authorized by Department Written Instructions, is
prohibited.
1.12.6 Corrections Plan Management. Utilizing the inmate's Individual Corrections
Plan, the Plan Manager works with each inmate assigned to their caseload to
successfully complete the Corrections Plan objectives. The Plan Manager meets
formally with each inmate at least annually, at which time the Plan is updated
and revised as needed. The Plan Manager may meet informally with the inmate
as often as necessary to facilitate positive progress.
1.12.6.1 The Plan Manager duties and responsibilities are equivalent to those
performed by the Department position classified as Correctional
Officer III.
1.12.7 Food Services. If a subcontractor is used for the provision of food services,
approval shall be obtained prior to initiation of food service delivery. The food
service provider shall be subject to the same contractual requirements as the
Contract Facility Operator, e.g., licensure, certification, insurance and
performance consistent with the terms of the Contract.
1.12.7.1 The Contract Facility Operator shall utilize either the Department’s
six-week cyclical menu or an alternative menu approved by the
Department. The cyclical menu and specifications are included in the
materials available to interested Offerors.

Page 79

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.12.7.1.1 Current menus can be viewed on Arizona Procurement
Portal at https://app.az.gov. Search by selecting State
Contracts and enter ADOC12-036210 on the Contract
ID field. Menus are included as amendments in the
Exhibits section.
1.12.7.2 If using the Department’s six-week cyclical menu, three meals
(breakfast, lunch, dinner) shall be provided to assigned inmates each
day. Two meals each day (breakfast and dinner) shall include hot
foods, and one sack meal (lunch) is not required to include hot foods.
Appropriate equipment necessary to supply all daily meals shall be
maintained by the Contract Facility Operator/subcontractor.
1.12.7.3 A modified or enhanced menu may be provided for Saturday, Sunday
and select holidays that provide an a.m. (brunch) and p.m. (dinner)
meal, as directed by the Department. Examples may include, but are
not limited to: New Year’s Day, Super Bowl Sunday, Cinco de Mayo,
Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans
Day, Thanksgiving, and Christmas.
1.12.7.4 Dated menus shall be published at least ten (10) days in advance and
posted for the inmate population. All temporary changes to the
standard menu shall be submitted one week in advance for preapproval by the Department Contract Monitor. Weekly menu records
of foods actually served with the portion size of each item listed shall
be kept on record in accordance with A.R.S. § 35-214.
1.12.7.5 The Contract Facility Operator shall maintain food service
documentation on a continuous basis from the effective date of the
Contract for a minimum of five (5) years past the year ending date of
service and;
1.12.7.5.1 Records shall remain on-site for at least two calendar
years through the term of the Contract period.
1.12.7.5.2 Special inmate diets shall be monitored and updated, as
applicable.
1.12.7.5.3 Includes, but not limited to, menu publication time frames,
menu changes, records of foods received, stored, served
and schedules.
1.12.7.6 Prior to initial delivery of food services, and at least once each year,
training with Contract Facility Operator staff for the preparation and
provision for special diets shall be required. The Contract Facility
Page 80

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

Operator shall meet or exceed the Department’s food services
standards, guidelines and specifications.
1.12.7.7 Arizona Administrative Code, Title 9, Chapter 8, Environmental
Sanitation, shall govern the receipt, storage, preparation and serving of
foods. Failure to comply may constitute an Event of Default on the
part of the Contract Facility Operator.
1.12.7.8 All food products received from vendors shall be date stamped and
labeled. The Contract Facility Operator shall ensure products will be
used by the appropriate expiration date.
1.12.7.9 State, County and Department staff shall have complete access to all
food services, production, and storage areas during inspections of the
Contract Facility. These inspections shall be at the discretion of the
State, County, or Department, and may or may not include advance
notice to the Contractor.
1.12.7.10 The Offeror shall provide written procedures for key and kitchen tool
control and comply with current Department policy.
1.12.7.11 First-aid equipment and supplies shall be maintained in all food
production and service areas in accordance with Department
guidelines.
1.12.7.12 Services relative to pest control and trash removal shall be provided to
ensure that food service areas are kept clean and sanitary in
accordance with standards issued by the State, County, and
Department.
1.12.7.13 The Contract Facility Operator shall evaluate the food service delivery
operation within sixty (60) days after the close of each year of this
Contract. The evaluation shall include an analysis, on a monthly basis,
of at least the following:
1.12.7.13.1Number of meals prepared.
1.12.7.13.2Number of meals served.
1.12.7.13.3Amount of waste.
1.12.7.13.4Economy of food usage.
1.12.7.13.5Inmate complaints regarding food service.
Page 81

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.12.7.13.6Quality of food content.
1.12.7.13.7Menu content.
1.12.7.13.8The per-meal cost.
1.12.7.13.9The completed evaluation shall be provided to the
Department Contract Monitor.
1.12.7.14 The Contract Facility Operator shall have the following options:
1.12.7.14.1If viable and cost-effective, based on the outcome the
Contract Facility Operator’s annual evaluation, the
Contract
Facility
Operator
may
discontinue
subcontracted food services and assume responsibility
for provision of services using the Contract Facility
Operator’s own food service resources.
1.12.7.14.2Any cost reduction due to the Contract Facility Operator’s
operation of the food service program shall be made in
accordance with A.R.S. § 41-1609.01.
1.12.7.15 If the Contract Facility Operator does not exercise the above option
and an annual evaluation supports the need for a cost increase relative
to the provision of food services, any such change shall be made in
accordance with A.R.S. § 41-1609.01.
1.12.7.16 If the Contract Facility Operator does not exercise the above option
and an annual evaluation supports the need for a cost decrease, the
Contract Facility Operator shall provide the Department Contract
Monitor with a completed revised Fee Schedule and Budget Narrative.
1.12.7.16.1An explanation for the decrease and the resultant per diem
rate shall be provided by the Contract Facility Operator.
1.12.7.16.2The Department Contract Monitor shall submit the request
and explanation to the CBOD, or designee for review.
1.12.7.17 A reduction or increase in the per diem rate shall be approved by the
Director, or designee. The Director, or designee, shall provide written
notice to the Department Procurement Services Office to develop a
formal contract amendment to identify the reduction or increase in the
per diem rate.

Page 82

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.12.7.17.1Upon amendment execution, Procurement Services shall
provide executed copies to all involved parties. The
effective date of the new per diem rate shall be
retroactive to the date the Director or designee
approved the reduction or increase.
1.12.8 Restricted Diets. Names of inmates authorized by the health staff or a chaplain to
receive restricted diets shall be maintained on a list.
1.12.8.1 The list shall be kept in the kitchen or production area and shall be
updated at least weekly to verify the continuing need for the restricted
diet.
1.12.8.2 Appropriate foods or products necessary to provide the restricted diets
shall be maintained as needed.
1.12.8.3 Appropriate restricted medical and religious diets in keeping with the
guidelines established in the Department Written Instructions shall be
provided.
1.12.9 Education. The Contract Facility Operator shall provide, consistent with the
inmate assessment and corrections plan, education services in accordance with
Department Written Instructions, including DO 910, Inmate Education, and DO
919, Inmate Resource Center / Library Services.
1.12.9.1 The Contract Facility Operator shall comply within the requirements
of A.R.S. § 31-229 et seq., and the requirements of A.R.S. § 15-1372.
1.12.9.2 The Facility education program shall meet all standards set by the
State of Arizona Department of Education (DOE).
1.12.9.2.1 Instructors shall be certified prior to initiation of
educational services.
1.12.9.2.2 Instructors shall be approved by the Department prior to
initiation of educational services.
1.12.9.2.3 Instructors shall carry a maximum student ratio of 40
(forty) inmates to one instructor per day.
1.12.9.3 The Contract Facility Operator shall provide General Educational
Development (GED) instruction for qualified, assigned inmates. The
Contract Facility Operator shall ensure the availability of a certified
GED tester at no cost to the Department and shall bear the cost of
Page 83

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

associated testing equipment and resources that support administration
of GED testing.
1.12.9.4 The Department shall administer an educational evaluation in
accordance with the requirements of A.R.S. § 31-229 to include
standardized assessment testing, prior to the assignment of an inmate
to the facility.
1.12.9.4.1 Assigned inmates who score below an 8.0 grade level shall
be provided Adult Basic Education (ABE) course of
study including Reading, Mathematics, and Language
Skills as a prerequisite to entry into GED preparation.
Inmates shall remain in the ABE course until meeting
the 8.0 grade level on the Department-approved
assessment instrument administered under secure
testing conditions.
1.12.9.4.1.1 The Contractor shall be responsible for
any testing beyond the initial placement
assessment at no additional cost to the
Department.
1.12.9.4.2 Participation in Adult Basic Education (ABE) and GED
preparation shall be open-entry/exit, and self-paced.
1.12.9.5 Inmates shall not be paid for participating in academic educational
programs, e.g., TABE, GED, or college correspondence courses.
1.12.9.6 The Contract Facility Operator shall comply with all of the
requirements of Child Find as defined by the Individuals with
Disabilities Education Act (IDEA), and provide evidence of completed
forms upon request for monitoring purposes. If necessary, the Contract
Facility Operator will work with the Department Education Bureau in
the identification of special education-eligible inmates, and the
Department Education Bureau will coordinate transfer of those
inmates identified to an appropriate facility.
1.12.9.7 The Contract Facility Operator is responsible for providing appropriate
accommodations to the learning environment for inmates under
Section 504 of the Rehabilitation Act of 1973 current at the time
accommodations are requested.
1.12.9.8 The Contract Facility Operator shall provide annual training for all
education and records staff in the Family Educational Rights and
Page 84

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

Privacy Act (FERPA) and Section 504 of the Americans with
Disabilities Act.
1.12.9.9 The Contract Facility Operator may provide other education
programming with the approval of the Department at no additional
cost to the Department.
1.12.10 Religious Services. Religious services shall be provided for all assigned inmates
in accordance with DO 904, Inmate Religious Activities/Marriage Requests.
Scheduling religious services shall be in accordance with inmate requests, time
and space on the religious calendar to accommodate requests, and the availability
of qualified religious leadership. The facility Chaplaincy may utilize qualified
volunteers as religious providers to assist staff Chaplain(s).
1.12.10.1 Chaplain applicants shall be approved by the Department
Administrator, Religious & Volunteer Services, or designee, whether
such individuals are employees, subcontractors, or independent
contractors. Department approval shall be obtained prior to initiation
of religious services.
1.12.10.2 The Contract Facility Operator shall submit a current resume from
proposed service providers. The service providers shall have the
following minimum qualifications:
1.12.10.2.1Two years of Ministerial experience as a Pastor, Rabbi,
Priest/Deacon, Nun or other clergy practitioner; and
1.12.10.2.2Ordination or certification by a recognized ecclesiastical
body with written approbation and endorsement.
1.12.10.3 Facility religious service calendars shall be submitted monthly to the
Department Contract Monitor and the Department Administrator of
Religious & Volunteer Services.
1.12.11 Psycho-educational, self-improvement and self-help programs. The Contractor
shall provide services in accordance with DO 809, Earned Incentive Program and
DO 903, Inmate Work Activities.
1.12.11.1 Psycho-educational programs shall include, at a minimum, the
programs offered by the Department. The Contractor may offer
additional programs upon pre-approval by the Department.
1.12.11.2 Programs shall be conducted by the Contractor’s Corrections Plan
Manager or an equivalent paraprofessional position.
Page 85

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.12.11.3 The Changing Offender Behavior (COB) program requires
certification of the instructor by ADCRR before it may be offered to
inmates.
1.12.11.4 Self-help programs, such as twelve-steps, may be led by volunteers.
Note: per DO 704, inmates are not to be placed in a position of formal
control or authority over other inmates.
1.12.11.5 Participation in programs shall be determined by automated placement
reports (Priority Ranking Reports) supplied by ADCRR. If no report
exists, the inmate shall be placed into programs on a volunteer basis
with the aim of keeping all inmates fully engaged throughout the day.
1.12.11.6 Inmates shall be provided with all materials, including workbooks,
needed for programs by the Contractor at no cost to the Department.
The materials will become property of the inmate upon completion of
the program.
1.12.12 Resource Center Operations (Library). Resource Centers shall be provided in
accordance with DO 919, Inmate Resource Center / Library Services. The
Resource Center shall be maintained and managed by librarians or qualified,
trained staff.
1.12.12.1 Materials at different reading levels, in a variety of languages and
formats, including print, CD-ROM or other computer software, audio
and video materials shall be provided, as appropriate.
1.12.12.2 Authorized legal reference collections, legal supplies and legal forms
shall be maintained and managed in accordance with DO 902, Inmate
Legal Access to the Courts.
1.12.13 Career and Technical Education (CTE)
1.12.13.1 The Contract Facility Operator shall provide CTE opportunities to at
least 10% of the qualified inmate population.
1.12.13.2 CTE programs may be provided by a subcontractor as identified
herein.
1.12.13.3 Programs must be provided by qualified instructors as determined by
current industry standards.
1.12.13.4 CTE curricula, in accordance with industry standards for the career
area, shall be provided to the Department Contract Monitor.
Page 86

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.12.13.5 Programs shall be approved by the Department before inmates are
enrolled.
1.12.13.6 Programs must be for an "in-demand" field which does not prohibit
felons from being employed.
1.12.14 Inmate Work Programs. Inmates assigned to the facility shall be required to be in
compliance with A.R.S. § 31-251. The Offeror shall ensure all inmates are
employed or in approved programming thirty (30) or more hours per week.
1.12.14.1 The Contract Facility Operator shall be responsible for medical
services for injuries or illnesses incurred by inmates while
participating in work programs.
1.12.14.1.1Emergency medical services shall protect the life or limb
of an inmate(s). Proof of emergency medical response
strategies shall be submitted.
1.12.14.1.2In the event of an emergency, the contracting entity shall
notify the Contract Facility Warden, or designee, as
soon as is practical.
1.12.14.1.3The Contract Facility Warden shall provide immediate
verbal notification to the Department Contract Monitor
should a medical emergency occur.
1.12.15 On-Site Inmate Work Assignments. The Contract Facility Operator shall provide
work/program opportunities sufficient in number to employ/engage all inmates
within the facility. Wherever possible, inmate jobs shall be relevant to the
inmate’s Corrections Plan. The Contract Facility Operator shall provide
approved programs and/or employment for 50% of the population during year
one of operation and 100% of the population within two years.
1.12.15.1 Inmates may perform work activities on the grounds, or within the
secure perimeter of the facility.
1.12.15.2 The Department Contract Monitor shall approve the jobs that are
developed as well as the inmates assigned to each week’s assignments.
Allocation of jobs shall be determined by skill level to ensure that each
job is in compliance with Department objectives regarding pay and
work assignments.
1.12.15.3 After initial approval of jobs, wages and inmate placements, no
changes shall be initiated by the Contract Facility Operator without the
prior written approval of the Department Contract Monitor.
Page 87

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.12.15.4 Inmates performing work on facility grounds shall be supervised in
accordance with the Contract Facility Operator’s institutional and post
orders and Department policy.
1.12.15.5 The Contract Facility Operator shall process inmate time sheets, as
shown by Exhibit 8, Inmate Time Sheet for Work Activities, on a biweekly basis (once every two weeks). Note: there may be rare
instances when a different pay period interval (not bi-weekly) may be
directed by the Department.
1.12.15.6 The Department Contract Monitor may request additional information
from the Contract Facility Operator to verify on-site work programs
are meeting the intent of A.R.S. § 31-251.
1.12.16 Welfare and Benefits Fund (W&B Fund). The facility shall maintain a W&B
Fund for the primary benefit of inmates, which shall be administered in
compliance with the Department’s DO 303, Bank Accounts. The account shall
be funded from profits from the sale of commissary goods, visitation vending
machines, and inmate telephone revenue commissions.
1.12.16.1 Major purchases with W&B Funds require the use of a bidding process
that conforms to standard practices. Major purchases are defined as:
1.12.16.1.1Purchases estimated to cost over $1,000 and less than
$10,000 (multiple verbal or written quotations should
be obtained, if possible).
1.12.16.1.2Purchases estimated to cost in excess of $5,000, are capital
equipment.
1.12.16.2 Purchases made with monies from the W&B Fund shall conform to
and be consistent with the types of items authorized for purchase from
the Department’s Special Services Fund.
1.12.16.3 The Department Assistant Director for Prison Operations, or designee,
shall review and approve/reject all proposed expenditures from the
W&B Fund to ensure compliance with Department Written
Instructions and to ensure that security and safety issues are not
compromised by a proposed purchase.
1.12.16.4 Financial reports required by Department Written Instructions shall be
provided to the Department Chief Financial Officer, Financial Services
Bureau in compliance with established timeframes. A copy of each
report shall be provided to the Department Contract Monitor.
Page 88

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.12.16.5 In the event of Contract termination or expiration, all remaining funds
deposited in the facility’s W&B Fund, and any capital (>$5,000 value)
or inventorial (>$1,000 and <$5,000 value) equipment which was
purchased with W&B funds, shall be transferred to the Department, or
disposed of per Department direction.
1.12.16.5.1A closeout Special Services Fund Report shall be provided
to the Department and sent to the following:
Arizona Department of Corrections, Rehabilitation
& Reentry
Attention: Chief Financial Officer
Financial Services Bureau
1601 West Jefferson, M/C 55403
Phoenix, Arizona 85007
1.12.16.6 Telephone System. Inmates assigned to the facility shall have access
to an inmate telephone system.
1.12.16.6.1

The contractor shall utilize the Department’s contract
for the inmate telephone system if the facility is located
in Arizona.

1.12.16.6.2

Revenues generated from the use of the inmate
telephone system may be directed from the Department
to the Contract Facility Operator upon written request
for deposit in the Welfare and Benefits Fund (W&B
Fund) pursuant to DO 303, Bank Accounts. The
revenues shall be used for the benefit of assigned
inmates in accordance with A.R.S §41-1604.03.

1.12.16.6.3

At least ninety (90) days prior to acceptance of the first
inmate, the Contract Facility Operator shall submit
written institutional orders for Department approval
regarding the provision of the inmate telephone system,
as well as written notification that the system is
operational.

1.12.16.6.4

Determination of placement and type of telephones
shall be at the discretion of the Department. All costs to
deploy and maintain infrastructure shall be the
responsibility of the Contract Facility Operator.

1.12.16.7 Commissary. Contractor shall utilize the Department’s Commissary
contract if the facility is in Arizona. Inmates shall have access to a
Page 89

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

commissary for purchase of goods. Items sold in the commissary shall
include items listed in DO 909, Inmate Property. Department inmates
shall not be authorized to purchase any appliances, hobby-craft items,
or personal items that do not meet the specifications of DO 909.
1.12.16.7.1

At the Contractor’s option, the commissary staff salary
may be reimbursed from the W&B fund.

1.12.16.7.2

If this option is exercised, the commissary staff salary
shall not be included in staffing cost when calculating
per diem and shall be clearly indicated in the Offeror’s
proposal.

1.12.16.7.3Net income from the sale of commissary goods shall be
distributed as follows:
1.12.16.7.3.1 Fifty percent (50%) for reimbursement to
the Contract Facility Operator for initial
commissary capitalization (interest-free)
and fifty percent (50%) to the W&B
Fund.
1.12.16.7.3.2 Upon reimbursement of the initial
commissary capitalization, 100% of the
net income earned from the sale of
commissary goods shall be deposited to
the W&B Fund.
1.12.17 Utility Fees. A.R.S. § 31-239 requires inmates who possess at least one major
electrical appliance, as defined in DO 909, Inmate Property, to pay a monthly
fee, as determined by the Department. The Contractor shall comply with the
referenced statute and ensure payment to the Department in accordance with
Department Written Instructions.
1.12.18 Inmate Clothing. Clothing worn by inmates, to include replacement clothing,
shall be provided by the Contract Facility Operator in accordance with
Department Written Instructions.
1.12.18.1 All costs for inmate clothing shall be borne by the Contractor.
1.12.18.2 The Contract Facility Operator shall also provide a discharge
allowance for clothing to eligible inmates in accordance with
Department Written Instructions.

Page 90

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.12.18.3 The Contract Facility Operator shall stock sufficient replacement
clothing as listed in DO 909, Inmate Property.
1.12.19 Arizona Correctional Industries (ACI). The Contract Facility Operator shall
purchase products manufactured and/or produced by ACI, to include but not
limited to:
1.12.19.1
1.12.19.2
1.12.19.3
1.12.19.4

Bakery. Including breakfast, desserts if facility is in Arizona.
Institutional and Office Furniture if facility is in Arizona.
Inmate Clothing. Including underwear and outerwear.
Bedding. Including pillows, sheets, mattresses, blankets, towels,
wash cloths and pillowcases if facility is in Arizona.
1.12.19.5 Commodity Products. Specifically, cardboard boxes and plastic
bags if facility is in Arizona.
1.12.19.6 Signage. Including all regulatory and indoor signage if facility is in
Arizona.
1.12.19.7 Multi-part forms, or any other Department forms unavailable from
the intranet.

Page 91

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13

HEALTH SERVICES
1.13.1 The Contractor shall provide correctional healthcare treatment and services in
accordance with all applicable federal and state laws, rules and regulations, DOs,
DIs, procedures, and Department Technical Manuals applicable to the delivery of
correctional health services. In addition, the Contractor shall meet all federal and
state constitutional requirements, court orders, and maintain full compliance with
applicable National Commission on Correctional Health Care (NCCHC)
Standards for Health Services in Prisons and NCCHC Standards for Mental
Health Services in Correctional Facilities. All such laws, rules and regulations,
current and/or as revised, are incorporated herein by reference. The Contractor
and the Department shall work cooperatively to ensure service delivery is in
complete compliance with all such requirements.
1.13.2 Access to correctional health services shall be provided in the following manner:
A standardized program of routine, urgent and emergency healthcare shall be
available to all inmates. Emphasis shall be placed on preventative healthcare
practices. Inmates experiencing healthcare emergencies may request and shall
receive emergency care by an on-site qualified nurse, medical provider or mental
health provider twenty-four (24) hours per day, seven days per week. There is no
medical expense cap per inmate, per year.
1.13.3 The Contractor shall provide written, oral, and electronic media information to
all inmates regarding the availability of correctional health services and
information on how to access such services.
1.13.3.1

A qualified interpreter or a language line interpretation service shall
be provided for inmates who are not fluent in English, unless the
qualified healthcare practitioner is proficient in the inmate’s
language.

1.13.4 The Contractor shall be responsible for all costs associated with the provision of
correctional health services. The Contractor shall be required to provide
comprehensive health services coverage twenty-four (24) hours per day, seven
days per week at each contracted facility.
1.13.4.1

The Contractor shall not be entitled to additional payments resulting
from any material changes or modifications to standards of care (e.g.,
change in HIV/AIDS therapy, Hepatitis C therapy, cancer therapy),
legal actions or court‐ordered services, or Arizona Health Care Cost
Containment System (AHCCCS) rates of reimbursement, that result
in a material increase in costs to meet the new requirements. (See
Section 1.13.51 for additional information applicable if Offeror’s
Contract Facility is in Arizona)
Page 92

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.5 All ADCRR inmates, regardless of status, shall have unimpeded access to
correctional health services. The Contractor’s healthcare staff shall ensure that
inmates have access to a level of care commensurate with the severity of the
presenting symptomatology.
1.13.5.1

Health care services shall be provided by the Contract Facility
Operator's staff or by a qualified subcontractor. The subcontractor
must be approved by Department Medical Services Division staff
prior to initiation of service delivery, and shall be subject to the same
obligations as the Contract Facility Operator, including
licensure/certification, performance and insurance. All health care
professionals, including technicians, must be licensed or certified in
accordance with Arizona Revised Statutes (A.R.S.) or their respective
State Regulatory Board. The Offeror may not employ or use any
Health Care professional whose restricted license may adversely
affect the availability or delay in any way the necessary health care to
the inmate population.
1.13.5.1.1 Inmate Health Services shall meet the provisions of the
Contractor’s Health Care Plan (HCP) and NCCHC
Standards for Medical Health Services in Prisons while
receiving accreditation within three years of receiving
the first inmate. Provide evidence of compliance with
Department Written Directives, NCCHC Standards, and
Standard/Licensure requirements. As ADCRR moves to
American Correctional Association (ACA) Standards, it
is expected that the Contractor will also be held to these
Standards.

1.13.5.2

Sufficient and suitable medical office space, equipment and supplies
shall be available for health care delivery. First aid equipment, to
include an Automatic External Defibrillator (AED), shall be readily
available at all times within the Health Care Unit, as well as other
specified locations. Requirements for health space are defined in the
Department Physical Plant Standards.

1.13.5.3

There shall be designated health care areas within the facility where
medical care can be administered in a manner ensuring confidential
communication between the inmate patient and the health
practitioner. The health care area shall be designed and dedicated for
the sole purpose of the delivery of medical, dental and pharmaceutical
services and mental health services. This area shall not be used for
any non-health purpose.

Page 93

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.5.4

Inmate access to routine health care shall be available a minimum of
five (5) days per week. Inmates in administrative segregation (e.g.,
detention) status shall have non-emergency health care available
seven days per week. Procedures to immediately refer medical
emergencies to a medical, dental or mental health provider shall be
available.

1.13.6 The Contractor shall employ sufficient staffing and utilize appropriate resources
to achieve contractual compliance. The Contractor’s resources shall be adequate
to achieve outcomes in all functional areas within the organization. Adequacy
shall be evaluated based on outcomes and compliance with contractual and
Department policy requirements. If the Contractor does not achieve the desired
outcomes or maintain compliance with contractual obligations, additional
monitoring and regulatory action may be employed by the Department, up to and
including monetary sanctions.
1.13.7 General Administrative Requirements: The Contractor shall have direct
oversight, be responsible for and monitor the performance of all correctional
health services staff whether providing direct healthcare or performing other
duties in support of the contract. The Contractor shall ensure that all employees
are informed, knowledgeable of, and comply with prevailing ethical and
professional standards and all pertaining laws, policies and procedures for both
the Department and the Contractor.
1.13.7.1

The Contractor’s staff shall provide on-site correctional health
services coverage twenty-four (24) hours per day, seven days per
week at each contracted facility. Additionally, the staff shall maintain
a good working relationship with Department staff.

1.13.7.2

The Contractor shall employ only those persons who have appropriate
full and unrestricted Applicable State licensure or certification in
good standing and who have provided documentation of past
healthcare experience. Individuals in positions that require credentials
(physicians, registered nurse practitioners (NPs), psychologists,
psychological specialists, registered nurses, licensed practical nurses,
dentists, and/or any other position that requires credentials), shall be
subject to a credentials review by the Department to ensure that the
individual has the requisite training, experience and licensure or
certification necessary to perform the duties assigned. It is the
Contractor’s responsibility to ascertain and comply with all state
licensing and credentialing requirements.
1.13.7.2.1

A mid-level practitioner may augment the services of
the physician. This requirement is met when the
physician: 1) Directly supervises the mid-level
Page 94

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

practitioner and is directly involved with the
practitioner's provision of patient care and, (2) is
responsible for all medical service programs at the
facility.
1.13.7.2.2

A Registered Nurse shall be on-site twenty-four (24)
hours per day, seven days per week to provide
coverage. Nurses shall, at a minimum, be trained in
emergency first aid and possess an approved
certification to perform Cardiopulmonary Resuscitation
(CPR). All nurses shall be supervised by a Registered
Nurse who shall function as a Director of Nursing.

1.13.7.3

Hospital facilities shall be available to provide complete hospital care
and emergency services twenty-four (24) hours per day, seven days
per week and should be within thirty (30) minutes transport by land
conveyance from the Facility. Inmates requiring hospitalization shall
be admitted to a hospital facility which can meet the level of security
consistent with Department classification requirements. Contract(s)
for hospital services shall be executed between the selected Contract
Facility Operator and the hospital. Offeror shall provide a list of
specialists who are available at the identified hospital. Specialists
shall be available in the vicinity of the hospital. These services shall
not be provided at remote locations. The Specialist shall be on staff at
the Offeror’s contracted hospital. The Specialist’s primary office
setting shall not be greater than thirty (30) minutes from the hospital.

1.13.7.4

Emergency transportation equipped to provide basic life support shall
be available when necessary and ordered by the health provider to
transfer inmates to emergency care facilities. Advanced life support
shall be available to support emergency transports if projected
transport time by land conveyance exceeds thirty (30) minutes to
emergency care facilities.

1.13.7.5

The Contract Facility Operator shall provide twenty-four (24) hour
emergency healthcare as outlined in a written plan approved by the
Department. The written plan shall include:
1.13.7.5.1
1.13.7.5.2
1.13.7.5.3
1.13.7.5.4
1.13.7.5.5
1.13.7.5.6

Emergency evacuation, when necessary.
Emergency on-call physician/provider services.
Psychiatry services.
Non-Psychiatry mental health services.
Dental services.
Security procedures for the immediate transfer of inmates,
when necessary, to include both on-site and off-site care.
Page 95

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.7.5.7 Security procedures for the supervision of inmates
undergoing treatment.
1.13.7.6

Quality Management / Quality Assurance. The Contractor shall
immediately establish, implement, and maintain a Continuous Quality
Improvement (CQI) program in accordance with the Department’s
Health Services Technical Manual (HSTM) and NCCHC Standards to
identify clinical, service delivery and process deficiencies that
adversely impact the provision of appropriate timely and medically
necessary healthcare to the inmate population. The program shall
define all meetings, participants, data collection methods, analytical
procedures and actions taken resulting in measurable improvements
in healthcare delivery. The Contractor shall establish a
QM/Continuous Quality Improvement (CQI) Committee, which
meets on a monthly basis. This committee shall have representation
from all disciplines practicing on the complex. The Contractor shall
conduct at least two process quality improvement studies and two
outcome quality studies per year. All activities shall be documented
and maintained on a current and ongoing basis. Records shall be
made available to the Medical Services Division for review upon
request. An Offeror responding to this request for proposal
acknowledges and accepts that in the future, the Department may
modify Department policies to maintain standards of care or meet
regulatory requirements and further agrees to abide by such
modifications.

1.13.7.7

Statistical data, relative to the use of health services by inmates, shall
be maintained by the Contract Facility Operator who shall prescribe
the collection of basic health, mental health and dental service
information, utilization summary, program cost and time distribution
data. This data shall be described in the Health Care Plan and shall be
made available to the Department upon request.

1.13.8 The Contractor shall implement a system of Utilization Management (UM) and
Utilization Review (UR) services consistent with the HSTM and Department
Orders that includes the availability of a Medical and Mental Health Provider
twenty-four (24) hours per day, seven days per week to provide pre-authorization
and pre-admission approvals for services that cannot be managed within normal
business hours.
1.13.9 The Contractor shall be responsible for the UM and UR of all care (medical,
dental and mental health) rendered on and off-site.
1.13.9.1

The Contractor shall designate nurses with experience in UM to
support the UM program. In addition, the Contractor shall provide
Page 96

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

applicable State-licensed physicians to perform UR, with one
designated Medical Director with appropriate credentials in family
practice, general internal medicine, or emergency medical services
with three or more years of correctional services experience.
1.13.10 UM nurses shall be available for pre-admission review, concurrent UR, and
retrospective review programs. UM staff shall not directly deliver services to
inmates to assure neutrality and fairness in utilization decisions.
1.13.11 Within sixty (60) calendar days of the contract effective date, the Contractor
shall develop and present to the Department a copy of its UM program
description, with chapters that shall include, but not be limited to the following:
1.13.11.1 Medical necessity criteria for levels of care (including criteria, e.g.,
InterQual or Milliman, to be used during concurrent review):
1.13.11.1.1
1.13.11.1.2
1.13.11.1.3
1.13.11.1.4
1.13.11.2
1.13.11.3
1.13.11.4
1.13.11.5
1.13.11.6
1.13.11.7
1.13.11.8
1.13.11.9
1.13.11.10
1.13.11.11
1.13.11.12
1.13.11.13
1.13.11.14

In-patient Hospital Services
Surgery
Off-site Specialty Services
Off-site Specialty Diagnostic and Imaging Services

Description of UM processes
Requirements for facility on-site concurrent review
Emergency Room admissions and retrospective review
Post-stabilization and transfer from in-patient to infirmary services
Discharge planning and coordination to include weekend discharges
to be coordinated on Fridays with follow up discussion on Mondays
Management and review of emergency room care
Referrals to out-of-network (non-contracted) facilities or providers
Process for denials and appeals
Timeliness standards
UM staffing Plan
Identification and review of over- and under-utilization
UM reporting
Denial and appeals reporting

1.13.12 The Contractor shall collect data and submit reports to the Department as
requested.
1.13.13 For inmates admitted to in-patient services, the Contractor shall develop and
maintain a system for discharge planning. The Contractor’s UM staff shall work
in collaboration with in-patient hospital discharge planners and the Contractor’s
facility medical staff to facilitate return, to determine appropriate housing and
availability including possible admission to an infirmary, and to make all
arrangements for transportation.
Page 97

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.14 The Contractor’s UM processes shall provide that a physician reviews requests
for service. This review shall include a direct physician-to-physician discussion
on any care when the direct care provider requests services and the Contractor’s
UM physician needs more information to fully understand the clinical nature of
the case in order to make a medical necessity determination.
1.13.14.1 All authorization decisions shall be rendered within one (1) business
day after the receipt for the request for service. Notification shall be
provided on the same day to the direct care provider. If the direct care
provider does not agree with the Contractor UM physician, the
provider may file an appeal with the UM physician.
1.13.14.2 The Department reserves the right to intervene in the healthcare
delivery and authorization at any time to address situations impacted
by inmate safety and security-related factors or other factors of
imminent importance.
1.13.14.3 The Contractor’s UM program shall provide an appeals system that is
easily accessible and that allows the direct care provider to appeal a
case to a UM physician reviewer who must be different than the
original UM physician who issued the initial denial. The appeal
decision shall be rendered within one (1) business day of receipt of
clinical information by the UM physician. Notification shall be
provided on the same day to the direct care provider.
1.13.14.3.1The Offeror shall describe their plan and capabilities to
meet the UM and UR requirements outlined above in
Sections 1.13.8 through 1.13.14.3.
1.13.14.4 Procedures shall be developed in accordance with Department
Written Instructions and Department standards of care, approved
protocols, and Occupational Safety and Health Administration
(OSHA) compliance regulations. A list of the written procedures shall
be submitted at time of submission of offer.
1.13.14.5 The Offeror shall describe, in the Health Care Plan, Inmate Medical
Health Services for the following:
1.13.14.5.1

Access to Health Care.

1.13.14.5.2

Administrative Meetings and Reports.

1.13.14.5.3

Communication of Special Needs Patients.

1.13.14.5.4

Comprehensive Quality Improvement Program.
Page 98

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

REQUEST FOR PROPOSALS
Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.14.5.5

Confidentiality
Information.

of

Health

Records

and

Health

1.13.14.5.6

Continuing Education for Qualified Health Services
Personnel.

1.13.14.5.7

Credentialing.

1.13.14.5.8

Handling of Daily Non-emergency Medical Requests
and Sick Call.

1.13.14.5.9

Dental Care.

1.13.14.5.10 Direct Orders.
1.13.14.5.11 Emergency Services.
1.13.14.5.12 Environmental Health and Safety.
1.13.14.5.13 Health Assessment.
1.13.14.5.14 Health Evaluation
Segregation.

of

Inmates

in

1.13.14.5.15 Health Record Format and Contents.
1.13.14.5.16 Infection Control Program.
1.13.14.5.17 Information on Health Services.
1.13.14.5.18 Inmate Workers.
1.13.14.5.19 Medical Autonomy.
1.13.14.5.20 Medical Training for Correctional Officers.
1.13.14.5.21 Medication Administration Training.
1.13.14.5.22 Mental Health Assessment.
1.13.14.5.23 Pharmaceuticals.
1.13.14.5.24 Policies and Procedures.
1.13.14.5.25 Responsible Health Authority.
Page 99

Disciplinary

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.14.5.26 Sharing of Information.
1.13.14.5.27 Special Needs Treatment Plans.
1.13.14.5.28 Transfer Screening.
1.13.15 Emergency Health Plan. The facility shall have an Emergency Health Plan that
is approved by the responsible Physician and Health Administrator.
1.13.15.1 The Offeror shall develop and submit a plan or methodology to
provide emergency health services when security precautions require
limited or no inmate movement.
1.13.16 Behavioral Health. The Contractor shall provide and be financially responsible
for all mental health programming and services as specified in this request for
proposal and in compliance with Department requirements.
1.13.17 The Contractor shall be responsible for operating, staffing and maintaining all
in-patient and out-patient treatment programs. Mental Health staff shall be
available at all facilities in accordance with minimum staffing levels.
1.13.17.1 Mental Health clinicians and providers shall be available at all
facilities twenty-four (24) hours per day, seven days per week.
Coverage shall include onsite during business hours and by
telephone for emergency consultation and direction after regular
business hours, weekends and holidays.
1.13.18 The Contractor shall provide psychology services, psychiatry services, and
psychiatric nursing services utilizing licensed and qualified mental health staff.
Psychiatric nurses shall be fully dedicated to the Mental Health program.
1.13.19 Mental Health staff shall practice within their scope of training, licensure,
and/or certification as required by the State where the facility is located.
1.13.19.1 Psychology Associate level clinicians shall have an active LAC,
LPC, LMFT, LCSW, LMSW license, or a clinician with a Ph.D. /
Psy.D. degree and within eighteen (18) months of licensure.
1.13.19.2 Psychologists shall have an active Arizona license, or a similar
license in the state where Offeror’s facility is located, subject to
ADCRR’s approval.
1.13.20 Utilization Management. The Contractor shall implement a care management/
utilization management program to manage Mental Health services. Care
Management is the overall system of medical management encompassing
Page 100

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

utilization management, referral, case management, care coordination,
continuity of care and transition care, chronic care management, quality care
management, and independent review. Formal guidelines are contained in
ADCRR Department Orders, Director’s Instructions and the Mental Health
Technical Manual (MHTM). The Contractor shall be required to follow these
guidelines:
1.13.20.1 The utilization management program shall provide a process for
evaluation of medical necessity, appropriateness, and efficiency of
Mental Health services, procedures, and facilities. Utilization
management shall include utilization review and service
authorization.
1.13.20.2 The Department reserves the right to intervene in the mental health
delivery and authorization at any time to address situations impacted
by inmate safety and security-related factors or other factors of
imminent importance.
1.13.21 The Contractor shall implement practice guidelines based on nationally
accepted standards, as approved by the Department. Practice guidelines shall be
updated at least annually. All mental health staff shall be trained on the practice
guidelines within thirty (30) days of adoption, upon hire or during initial
orientation, and at least semi-annually thereafter. Practice guidelines refer to
mental health treatment guidelines which include the Psychiatric Treatment
Guidelines. These shall be consistent with all Departmental policies and the
MHTM.
1.13.22 The Contractor shall provide comprehensive mental health services, that are
evidence-based and/or best practices, including but not limited to:
1.13.22.1 Crisis and suicide intervention services, including suicide watches
and mental health watches.
1.13.22.2 Mental health evaluations and assessments, including initial
assessments upon intake/reception and classification, and ongoing
assessments as needed by inmates shall be provided by clinicians.
1.13.22.3 Individual treatment plan development and periodic review.
1.13.22.4 Psychiatric provider services and psychotropic medications.
1.13.22.5 Individual and group psychotherapy for out-patient, residential, and
in-patient care.
1.13.22.6 Specialized psycho-educational groups.
Page 101

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.22.7 Medication evaluation, administration and follow-up.
1.13.22.8 Psychological autopsies.
1.13.22.9 Coordination of care to the community through release, discharge,
reentry, and transitional planning; including Court Ordered
Evaluations (COE) as clinically indicated.
1.13.22.10 Maintenance of legible and clinically appropriate documentation for
services rendered in accordance with Department requirements.
1.13.22.11 Consultation with medical, support, and custodial staff on treatment
and programming concerns.
1.13.22.12 Special program planning, directing and coordination.
1.13.22.13 Screening, record reviews.
1.13.22.14 Staff training.
1.13.23 Substance Abuse Services. Substance abuse services shall be provided in
accordance with DO 917, Addiction Treatment Services, and assist inmates in
changing patterns of thought, feelings and actions, consistent with their assessed
need, which have contributed to their abuse of mood-changing substances prior
to incarceration. All substance abuse services shall have research-based efficacy
and shall be a recognized cognitive-based curricula approved by the Department
Counseling & Treatment Administrator, or designee.
1.13.23.1 Substance abuse services shall consist of treatment and nationally
recognized self-help or mutual support groups, not limited to twelvestep.
1.13.23.2 Substance abuse treatment services shall incorporate cognitive
behavioral treatment models and shall be delivered in both group and
individual sessions. Treatment groups shall use a professionally
developed curriculum approved by ADCRR as their basis for the
program.
1.13.23.2.1

The self-help and mutual support groups shall not be
considered as treatment.

1.13.23.2.2

Photocopies from an array of non-connected
workbooks, websites, etc., resources shall not
constitute a curriculum.

Page 102

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.23.3 Substance abuse treatment services shall consist of a six-month
program and a twelve-month program with each having a minimum
of two, two-hour weekly sessions for the duration of the program.
1.13.23.3.1

Group treatment sessions shall consist of no more than
fifteen inmates.

1.13.23.4 Counselors shall have clinical caseloads no greater than seventy-five
(75) inmates.
1.13.23.5 Substance abuse treatment services shall consist of a minimum of ten
(10) percent of the facility’s inmate population enrolled in a
substance abuse treatment program on any given day.
1.13.23.6 Inmates in need of substance abuse treatment programming shall be
placed into the appropriate level of programming as determined by
the Department’s assessment process.
1.13.23.7 Substance abuse treatment services shall be provided by the Contract
Facility Operator's staff or by a qualified subcontractor. The entity
providing substance abuse treatment services shall be licensed in
accordance to local/state licensure regulations.
1.13.23.7.1

The Contractor’s substance abuse program shall be
licensed by the state licensing authority in the state in
which the prison is located or utilize individually
licensed clinicians:
1.13.23.7.1.1 The Contractor shall maintain a staffing
pattern which provides for clinical
supervision as set forth in Title 4,
Chapter
6
of
the
Arizona
Administrative Code.
1.13.23.7.1.2 If the Contractor is operating under a
state-issued
program
license,
paraprofessionals may be utilized
provided the paraprofessional receives a
minimum of one hour of documented
clinical supervision every two weeks.
1.13.23.7.1.3 Inmates may be trained to deliver peer
self-help substance abuse programs but
under no circumstance shall the
programs they offer be counted as
Page 103

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

treatment groups or towards treatment
hours. Note: per DO 704, inmates are
not to be placed in a position of formal
control or authority over other inmates.
1.13.23.7.2

The Contractor shall notify all inmates participating in
substance abuse treatment of the supervision status of
the clinician if the clinician is not independently
licensed.

1.13.23.8 Substance abuse services documentation shall be placed in an
independent file and shall be the property of the Department.
1.13.23.8.1

The Contractor shall properly store the files until the
file is either requested by the Department or the legally
required retention period is reached. File
documentation shall consist, at a minimum of:
1.13.23.8.1.1 Demographic information.
1.13.23.8.1.2 Screening assessment.
1.13.23.8.1.3 Treatment Plan.
1.13.23.8.1.4 Progress notes.
1.13.23.8.1.5 Completion summary.
1.13.23.8.1.6 Copy of certificate of completion.
1.13.23.8.1.7 Consent to Treat.

1.13.23.9

Inmates shall be provided with all materials, including workbooks,
needed for programs by the Contractor at no cost to the Department.
The materials will become property of the inmate upon completion
of the program.

1.13.23.10 Reports on the facility’s substance abuse treatment services
rendered, caseload information, and other general program
information may be requested by the Department Counseling &
Treatment Administrator on a periodic basis.
1.13.24 Psychotropic Medication Management. If an inmate who is taking psychotropic
medication suffers a heat intolerance reaction, all reasonably available steps
shall be taken to prevent heat injury or illness. If all other steps have failed to
Page 104

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

abate the heat intolerance reaction, the Contractor shall request a medical
transfer to a housing area where the cell temperature does not exceed 85 degrees
Fahrenheit.
1.13.25 Pharmaceutical Services. The Contractor shall provide and be financially
responsible for all pharmacy services, including the provision of
pharmaceuticals in compliance with Department requirements. The Contractor
shall be responsible for all delivery costs. This includes the cost of delivery
charges for couriers and/or delivery fees submitted by local backup pharmacies.
1.13.25.1 Medications are packaged in unit dose, daily dose, weekly amounts,
monthly amounts or other acceptable durations in accordance with
Department Written Instructions, depending upon the type of
medication.
1.13.25.2 Written records of all medications issued shall be maintained by the
Contract Facility Operator in accordance with A.R.S. § 35-214.
These records shall include:
1.13.25.2.1 The inmate's name and Department identification
number.
1.13.25.2.2 Location of the inmate.
1.13.25.2.3 Name of the medication.
1.13.25.2.4 Doctor prescribing the medication.
1.13.25.2.5 Date and time of issuance.
1.13.25.2.6 Name or initials of pharmacist filling the prescription.
1.13.25.2.7 Directions.
1.13.25.2.8 Quantity of medication administered.
1.13.25.3 The following permanent documentation shall be maintained in the
health record relative to prescribed medications:
1.13.25.3.1 The inmate's name and Department identification
number.
1.13.25.3.2 Location of the inmate.
1.13.25.3.3 Name of the medication.
Page 105

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.25.3.4 Name of health staff administering the medication.
1.13.25.3.5 Date and time medication was administered.
1.13.25.3.6 Quantity of medication administered.
1.13.25.3.7 Route of administration.
1.13.25.3.8 Directions.
1.13.25.3.9 Refusal Slips.
1.13.25.3.10 Informed consent forms appropriate to certain drugs.
1.13.25.4 Inmates shall be transferred to the facility with a minimum seven-day
supply of prescription medications.
1.13.25.4.1 Inmates shall be returned to a Department-operated or
other Department-contracted prison with a minimum
seven-day supply of prescription medications.
1.13.25.5 Inmates shall be released from the facility with a thirty (30) day
supply of currently prescribed medications.
1.13.25.6 Prescribed medication shall be provided to the inmate through a
process that ensures prompt administration of all ordered medication.
1.13.25.7 The Contractor shall have the flexibility to provide pharmacy
operations off-site or to retain existing physical space for the
pharmacy and similar operations.
1.13.25.7.1

The Offeror shall provide a detailed explanation of
those services that shall be provided off-site and those
services that shall be provided on-site.

1.13.26 Permits, Licenses, and Insurance Documentation: The Contractor shall maintain
at each contracted facility, current copies of all required pharmacy-related
federal and state licenses, permits, and registrations. Copies of the required
pharmacy licensure documentation shall be provided to the Medical Services
Division prior to the initiation of the services.
1.13.27 The Contractor shall purchase, stock, and manage medications, including
prescription medications and over-the-counter (OTC) medications, both
formulary and non-formulary.
Page 106

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.28 The Contractor shall provide a monitoring system for ordering, receiving and
maintaining an inventory of pharmaceuticals in a safe, secure and organized
fashion, in accordance with Department Orders and NCCHC Standards at each
contracted facility.
1.13.28.1 The complete audit trail for all medications issued by the pharmacy
and returned to the pharmacy shall be maintained.
1.13.29 The Contractor shall provide pharmaceuticals and medications to the Contractor
utilizing Unit Dose (UD) and Keep On Person (KOP) methods of packaging.
1.13.30 The Contractor shall provide a consistent and uniform procedure for dispensing
KOP prescription medication to the inmate population.
1.13.30.1 The Offeror shall submit the proposed KOP policy and procedure.
1.13.31 All packaging and storage of pharmaceuticals and medications under the direct
control of the Contractor shall meet all labeling requirements and all other
requirements established by the manufacturer and Federal and State regulations.
1.13.32 The Contractor shall ensure that all pharmaceuticals and pharmacy inventory is
accounted for and actively managed at each Contractor’s health unit, remote
healthcare site, and pharmacy at all times. The Contractor shall monitor all
drugs for outdates, appropriate dating and labeling, multi-dose vials, disposal of
expired or partially-used drugs and items obtained from the pharmacy found in
an inmate’s possession.
1.13.33 The Contractor shall ensure documentation and tracking of all medicationrelated errors due to nursing delivery/administration or pharmacy dispensing
errors.
1.13.34 The Offeror shall submit a written description of packaging options, including:
1.13.34.1 UD medication packaging with a focus on the physical space
allocated in each contracted facility’s health unit.
1.13.34.2 KOP medication packaging options with a focus on limited inmate
storage space and portability as well as inmate management of selfmedications.
1.13.35 The Contractor shall ensure that medications are properly dispensed, including:
1.13.35.1 Medications shall be supplied in not more than thirty (30) day
quantities.
Page 107

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.35.2 Medications shall be provided in a manner to ensure there is no
interruption or lapse in medication administration.
1.13.36 Over-the-counter (OTC) medications that are written as prescriptions by the
providers shall be fully integrated into pharmacy services.
1.13.37 Inmates may also purchase the OTC medications stocked in the facility health
units from the inmate store as part of their routine store purchases.
1.13.38 The Contractor shall maintain, at their expense, a supply of OTC medications
for use based on nursing assessment protocols.
1.13.39 The Contractor shall provide urgent, necessary medications ordered by a
provider after hours to ensure continuation of chronic medications if a delay
until normal refill time would adversely compromise the inmate’s health, and
ensure distribution of medications in compliance with provider orders or
approved nursing protocols.
1.13.39.1 The Contractor shall provide for stock of medications in unit dose
packages to be available for use in emergency situations or until
regular delivery of prescribed medications occurs.
1.13.40 The Contractor shall ensure that newly-prescribed provider-ordered medications
will be provided to the inmate within two (2) business days after prescribed, or
on the same day, if prescribed STAT.
1.13.41 The Contractor shall provide a system that, at minimum, meets the following:
1.13.41.1 Newly-prescribed provider-ordered medications will be provided to
the inmate within two (2) business days after prescribed.
1.13.41.2 Medication renewals will be completed in a manner such that there is
no interruption or lapse in medication.
1.13.41.3 Refills shall be available three to five (3-5) calendar days prior to
their due date.
1.13.41.4 STAT medications and pharmaceutical supplies shall be available the
same day the order is placed.
1.13.42 The Contractor shall package KOP medications in not more than a thirty (30)
day supply or up to a one hundred twenty (120) pill packaging.
1.13.43 The Contractor shall document and maintain a Medication Administration
Record (MAR) to include all information contained on the prescription label,
the name of the practitioner who prescribed the medication, inmate allergies,
Page 108

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

the dose, frequency, and start date, and the nurse’s signature who is
administering the medication. The MARs shall be reviewed and initialed daily
by a licensed nurse (LPN or RN). The MARs shall be maintained in the
Electronic Health Record (EHR) system.
1.13.44 The Contractor shall provide a signature log for each KOP prescription an
inmate receives, and shall include the date of the inmate’s receipt of the
medication, the prescription number, and the initials or signature of the inmate.
These signature logs shall be retained in accordance with State Board of
Pharmacy guidelines and State record retention schedules.
1.13.45 The Offeror shall submit a complete listing of their medication formulary and
ensure prescriptions are consistent with the available formulary. The required
documentation may be provided as an attachment in the response.
1.13.46 The Contractor shall provide notifications of contraindications, such as drug
interactions, drug allergy, or incorrect dose to the prescriber prior to dispensing
the medication.
1.13.47 The Contractor shall have a non-formulary request process. Non-formulary
requests shall be reviewed and approved, disapproved, or designated for
alternative treatment plan (ATP) within two (2) business days of the prescriber’s
order.
1.13.48 The Contractor shall have a policy for inmates already receiving medications
that will become non-formulary. This policy shall ensure that clinicallyappropriate transitions exist in order to retain delivery of the highest quality
medical care.
1.13.48.1 The Offeror shall submit their proposed policy as part of their
response.
1.13.49 The Contractor shall compile, track and report on the non-formulary requests
and make this information available for review by the Department upon request.
1.13.50 Clinical Pharmacy Services:
1.13.50.1 The Contractor shall provide the following essential clinical
pharmacy services, which shall include:
1.13.50.1.1

Guidance that optimizes the use of medication and
promotes health, wellness and disease prevention,
including providing medication information sheets to
the inmates.
Page 109

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.50.1.2

Medication therapy evaluations and recommendations
to healthcare professionals.

1.13.50.1.3

Act as a primary source of scientifically valid
information and advice regarding the safe and
appropriate use of medications.

1.13.50.1.4

Routine review of medication therapy to prevent
potential drug interactions and reduce medication
errors in an effort to ensure ongoing safe and effective
care.

1.13.50.1.5

Ensure medications are not expired, properly stored,
and secured.

1.13.50.2 Specific functions in these essential clinical pharmacy services shall
include:
1.13.50.2.1

Providing drug information, including drug selection,
dosing and therapeutic substitution.

1.13.50.2.2

Reviewing medication usage and monitoring trends
including dosing, co-administration, disease state
treatment and prescriber-specific medication trends.

1.13.50.2.3

Providing support and guidance regarding all aspects
of drug treatment, prescribing, storage and usage.

1.13.50.2.4

Providing process education to all Contractor staff at
site level and recurrent education and training on a
routine basis.

1.13.50.2.5

Providing input and support for continuous quality
improvement initiatives.

1.13.50.2.6

Completing and reviewing quarterly medication
audits as part of the quality assurance program.

1.13.50.2.7

Reviewing and trending non-formulary medication
requests and usage.

1.13.51 For In-State (Arizona) Facility Inmates Only – Arizona Health Care Cost
Containment System (AHCCCS) Requirements and Claims Processing:
1.13.51.1 AHCCCS reimbursement may be an option applicable for certain
Page 110

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

inmate hospitalizations; if so, the Department’s Medical Services
Division will advise.
1.13.51.2 If in effect, the Contractor shall provide to the Department
notification of any inmate hospital admission of greater than twentyfour (24) hours’ duration within forty-eight (48) hours of
admission. The Contractor shall ensure all Medicaid-eligible
healthcare claims are billed by the healthcare services provider
directly to AHCCCS for payment. The Contractor is not responsible
for Medicaid-eligible services or the payment for those services and
such
services
are
specifically
excluded
from
the
Contract. Notwithstanding this provision, the Contractor is still
responsible for the overall management of the healthcare services
provided to the inmates, including but not limited to, utilization
management services.
1.13.51.3 The Contractor’s invoice shall be offset monthly by the full amount
paid by AHCCCS for approved claims, and a prorated amount for
AHCCCS claims processing costs. Contractor’s value proposition
shall be the difference between their current contracted rates and the
AHCCCS rates plus AHCCCS claim processing cost.
Example:
Contractor’s Value Proposition
Contractor’s current rate for approved service is
AHCCCS approved rate to be offset
AHCCCS average processing cost per claim
Contractor’s net savings from AHCCCS program rates

$13,000
-$10,000
- $5.65
$2,994.35

1.13.51.4 Hepatitis C
1.13.51.4.1 The Department currently follows the Federal Bureau of
Prisons Guidelines for treatment of Hepatitis C.
1.13.51.4.2 The Contractor shall provide a monthly true-up on a
direct cost basis for the Hepatitis C pharmaceutical cost.
Contractor shall provide a monthly detailed report
containing, at a minimum, inmate details, date
administered and unit cost of Hepatitis C
pharmaceuticals for each inmate for review and approval
by ADCRR.
1.13.51.4.3 The Contractor will submit an invoice for the approved
amount. The total amount offset on Contractor’s invoice
less the State Match paid by ADCRR and the average
processing cost is available exclusively for Hepatitis C
Page 111

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

treatment, as described in the example below:
Example:
Hep C Value Proposition
Contractor’s monthly offset (AHCCCS Rate + Process Fee)
AHCCCS average processing cost per claim
ADCRR’s portion of cost to AHCCCS per claim
Funds available for Hep C medication cost

$10,005.65
-$5.65
-$1,500.00
$8,500

1.13.51.5 Hepatitis C treatment remains the ultimate responsibility of the
contractor. Any Hepatitis C costs above the total amount offset on the
Contractor’s invoice less the State Match paid by ADCRR and the
average processing cost shall be paid by the Contractor.
1.13.51.6 The Contractor’s invoice shall include a line item detailing the
monthly cost of Hepatitis C treatment for payment by ADCRR.
1.13.51.7 The Offeror shall describe their plan and capabilities to meet the
above requirements 1.13.51 – 1.13.51.6.
1.13.52 Medical Files/Records. All health care documents and records (electronic and/or
paper) are Department property. Upon an inmate's assignment to the Facility,
the Department shall provide a transfer summary with pertinent health
information for each inmate.
1.13.52.1 The Department Medical Record is a problem-oriented record, with
established forms and management process. The record is used for
documenting the care of the inmates in the following areas:
1.13.52.1.1

Medical

1.13.52.1.2

Nursing

1.13.52.1.3

Mental Health

1.13.52.1.4

Dental

1.13.52.1.5

Pharmacy

1.13.52.2 Medical records are confidential and shall be maintained in a secure,
locked area. Information pertaining to inmates shall not be divulged,
other than to employees or officers of the Contractor as necessary to
perform specific duties under the Contract, and to Department staff
in the execution of their duties. Information may be released to
Page 112

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

family or friends in accordance with Department Written
Instructions.
1.13.52.3 Prior to activation of the Facility, the Department shall provide
training in maintenance of medical records.
1.13.52.4 The Department medical record is the permanent health record for
each inmate and shall be returned to the Department upon the
reassignment of an inmate to a Department or other contracted
institution, the inmate’s death, or upon the inmate’s release. If an
inmate dies or is released to the community, the health record
including a copy of all documentation of health services provided at
the Contract Facility shall be submitted to the Department within
thirty (30) days after the inmate's death/release.
1.13.52.5 The Contract Facility Operator shall utilize the Department’s
Electronic Health Records (EHR) system. All associated costs in the
provision of utilization shall be borne by the Contractor.
1.13.52.6 Monthly reports of levels of service shall be provided to the Medical
Services Division (MSD). These reporting systems shall be
consistent with the reporting requirements of the Department’s
MSD.
1.13.52.7 In compliance with DO 1101, Inmate Access to Healthcare, the
inmate may be assessed a fee for an evaluation by a healthcare
provider. These funds shall revert to the State of Arizona, General
Fund.
1.13.53 The following will not be transferred to the contracted facility:
1.13.53.1 Inmates with pending or currently-scheduled off-site specialty
appointments.
1.13.53.2 Inmates requiring follow-up appointments with the attending surgeon.
1.13.53.3 Inmates currently under treatment for cancer.
1.13.53.4 Inmates classified as M-5 or MH-5.
1.13.53.4.1

M-5: Severely limited physical capacity and stamina;
requires assistance with Activities of Daily Living
(ADLs); requires housing in in-patient component or
assisted living area.
Page 113

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.13.53.4.2

MH-5: Inmates with mental health needs who are
admitted to an in-patient psychiatric treatment program.

1.13.54 Minimum Health Services Staffing shall meet the required needs of the inmate
population consistent with NCCHC standards. The following position list is
provided as a guide in developing a staffing pattern.
HEALTH SERVICES ADMINISTRATOR
ADMINISTRATIVE ASSISTANT
DIRECTOR OF NURSING (RN)
ASSISTANT DIRECTOR OF NURSING (RN)
REGISTERED NURSE (RN)
LICENSED PRACTICAL NURSE (LPN)
NURSING ASSISTANT
DENTIST
DENTAL ASSISTANT
PHYSICIAN SUPERVISOR
MID-LEVEL MEDICAL PROVIDER (PA/NP)
MEDICAL RECORDS LIBRARIAN
X-RAY TECHNICIAN
PHARMACIST
PHARMACY TECHNICIAN
1.13.55 If expanding an existing facility, additional health service staff are required to
meet the healthcare needs of the increased inmate population.
1.13.56 The Offeror shall describe their plan and capabilities to meet the above
requirements for Sections 1.13.51.1 through 1.13.

Page 114

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.14

PHYSICAL PLANT/STRUCTURE DESIGN
1.14.1

Offerors shall provide a plan and describe all necessary site information, as
required by the Department.

1.14.2

The Contract Facility shall comply with design and construction standards as
specified in the ADCRR Physical Plant Standards Technical Manual. All plans
(schematic design documents) shall show and reflect compliance with
Department Physical Plant Standards.
1.14.2.1 Offerors can access the Physical Plant Standards at
https://corrections.az.gov/sites/default/files/documents/PDFs/adcengineering-pps-manual_rev_030519.pdf. Inmate housing areas shall
be constructed of concrete, precast concrete, concrete tilt wall or
CMU block.
1.14.2.2 Interior surfaces of inmate housing areas shall be finished as either
bare concrete or painted concrete. This applies to all concrete or
CMU construction methods as listed above. Non-inmate housing
areas shall be finished with a 5/8" thick Fiberboard VHI (Very High
Impact) drywall, as manufactured by Louisiana Pacific Corporation
or approved equal. Drywall shall be installed from floor to underside
of roof structure in all areas used or exposed to inmate traffic. In
areas with drywall ceilings, wall finish shall be installed 6" above
finished ceiling.
1.14.2.3 Based on the fact that the Department’s Physical Plant Standards
apply to new construction of both ADCRR facilities and contracted
private facilities, minor deviations may be reviewed and considered
for existing or expanded facilities. Offerors providing an existing
facility shall identify by submission of schematic drawings or plans
how the facility will meet the minimum requirements of the
Department’s Physical Plant Standards, and must also include a list
of any deviations from those Standards. Acceptance of any such
deviations will be at the discretion of the Department, consistent
with sound correctional practices.

1.14.3

The Offeror shall provide a written explanation of how their facility shall
attempt to meet Leadership in Energy and Environmental Design (LEED) Silver
standards.

1.14.4

The Offeror shall provide written documentation that the facility design is in
conformance with all codes per the Prison Physical Plant Standards Technical
Manual as well as all regulatory agencies' requirements. The Offeror shall
provide written documentation of the following:
Page 115

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.14.4.1

Sound level requirements, using the dba A scale addressing the
absorption qualities of all interior construction materials.

1.14.4.2

Lighting requirements to meet or exceed: foot candles for,
classrooms, offices, inmate housing areas, cells and the perimeter
fencing.

1.14.4.3

Mechanical heating and cooling systems shall be designed to meet
the American Society of Heating, Refrigerating and AirConditioning Engineers (ASHRAE), Ventilation and Heating
Standards of Arizona.

1.14.4.4

Conformance to natural lighting minimal requirements specified in
the Physical Plant Standards Technical Manual.

1.14.4.5

Kitchen compliance with square footage, appliances and fixtures,
ventilation, hygiene, etc., according to the Uniform and International
Building Code (UBC & IBC) and Physical Plant Standards
Technical Manual.

1.14.4.6

Conditions that determine covered/enclosed multipurpose rooms to
be utilized as recreation areas when necessary.

1.14.4.7

Outdoor recreation facilities conforming to Physical Plant Standards
Technical Manual.

1.14.4.8

Buildings meeting energy conservation requirements. Fluorescent
lighting shall be T-8 or better, LED lighting is preferred. HVAC
units shall have the highest available SEER or EER rating. Perimeter
and exterior lighting shall be the most efficient fixtures available to
provide required illumination (LED lighting is preferred). Low-flow
devices shall be installed on all water fixtures (toilets, sinks,
showers, kitchen fixtures).

1.14.5

If the facility owner is a different entity than the Contractor, the Contractor shall
be responsible to make arrangements with the owner in order to ensure that the
Physical Plant Standards are met.

1.14.6

The Offeror shall describe the ability of each functional area identified below to
meet the specified use. Each description shall include the size in square feet of
the functional area to comply with design and construction standards established
by Department Physical Plant Standards and Americans with Disabilities Act
Accessibility Guidelines (ADAAG).

1.14.7

The Offeror shall provide square footage, purpose of room and any special
Page 116

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

ventilation, lighting, coverings, etc., for each of the following:
1.14.7.1 Administrative Office Areas
1.14.7.2 Armory
1.14.7.3 Conference Rooms
1.14.7.4 Commissary
1.14.7.5 Control Rooms
1.14.7.6 Dayrooms
1.14.7.7 Dining areas
1.14.7.8 Classroom Education
1.14.7.9 Detention Cells
1.14.7.10 Staff Training
1.14.7.11 Exercise Area
1.14.7.12 Recreation Area
1.14.7.13 Visitation
1.14.7.14 Library Resource Center
1.14.7.15 Mail and Property
1.14.7.16 Housing Units
1.14.7.17 Sleeping Areas
1.14.7.18 Maintenance Areas
1.14.7.19 Janitorial Closets
1.14.7.20 Mail & Personal Property.
1.14.8

The Offeror shall provide a brief narrative in response to each item and/or
acknowledge compliance with each item listed below.
Page 117

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.14.8.1 Describe in detail the perimeter security to prevent inmate egress and
access by the general public. Provide the name and type of any
perimeter detection system, fencing, or cameras to be utilized.
Describe the manner in which the system shall be regularly tested
and annually recertified.
1.14.8.2 Acknowledge that all prison security systems shall be annually
recertified and that evidence of annual recertification of all security
systems shall be submitted to the Department within ten (10) days of
occurrence.
1.14.8.3 Describe in detail the type of prison security that will be used, as well
as identification of locking mechanisms including providing specific
information and manufacturers’ cut sheets.
1.14.8.4 Describe in detail all sally ports including size, and security
considerations for both pedestrian and vehicle sally ports, i.e., metal
detectors, cameras, etc.
1.14.8.5 Describe in detail the facility usage of radio communications between
staff.
1.14.9

In addition, the Contract Facility shall comply with all requirements identified
in the following:
1.14.9.1 Guidelines specified by the Americans with Disabilities Act (ADA).
1.14.9.2 Guidelines specified by the Arizonans with Disabilities Act (AzDA)
as prescribed by the current version of ADAAG and any subsequent
versions issued during the term of the Contract.

1.14.10 Offeror shall provide a description of the utility systems and utility companies
that will provide natural gas, electric, water, sewer, garbage/trash disposal, and
telephone/internet services.
1.14.10.1 The Offeror shall provide the estimated amount of water that will be
available for each inmate, per day.
1.14.11 The Offeror shall identify all Arizona Department of Environmental Quality
(ADEQ) and Arizona Department of Water Resources standards applicable to
the proposed site and its intended use.
1.14.12 The Offeror shall identify the Federal, State or local authority that has primary
jurisdiction over the proposed facility relative to Life Safety Codes and Fire and
Fire Safety requirements placed on the facility.
Page 118

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.14.13 The Contractor shall have the facilities to secure special management inmates
on a temporary basis, at least seventy-two (72) hours.
1.14.14 Signs at the entrance to the contracted facility displaying the facility’s name,
warning to public, proper prison identification, etc., shall be provided by the
Contract Facility Operator.
1.14.15 The Contract Facility Operator shall be responsible for all costs to correct
potential or real risks as they relate to the contracted facility structure or the
secure perimeter.
1.14.16 Administrative office space shall be provided and sufficient to accommodate a
minimum of four (4) Department staff per 1000 (or fewer) bed unit, or at least
one (1) staff per 250 beds, if larger. (Note: This requirement may be reduced by
the Department if the facility is located outside Arizona.) This will include
office equipment and a minimum of 120 square feet per staff member.
1.14.17 The Department shall assume no expense for the maintenance of the physical
structure, or any tangible personal property attached to or contained within a
structure approved for consideration.
1.14.18 Within ninety (90) days after execution of this any resultant Contract, the
Facility Operator shall secure a certified American Land Title Association
(ALTA) survey completed to identify the legal boundaries of the entire facility.
The survey shall depict in detail all buildings, support systems, and other
structures/infrastructure, e.g., fences, utility structures, including underground
features such as water and waste piping, power conduit, etc. The ALTA survey
shall identify the entity which performed the survey and date performed. The
completed survey shall be submitted to the Department to remain on file and
become a part of this Contract by reference.
1.14.19 Offeror shall provide the following:
1.14.19.1 A set of schematic design drawings of the facility that reflect its
proposed configuration to include planned renovations, if applicable,
and the square footage for each functional area of the facility.
Drawings shall be to a recognized scale. If the Offeror is proposing
existing facilities (already built), the as-built drawings of the
completed facility shall be provided.
1.14.19.2 A minimum of four full-size hard copies of the preliminary drawings
and specifications, design development drawings and specifications
and final sets of construction documents in addition to the required
electronic versions specified in Section 2.3, for those offers that
include an existing facility and/or a facility already in the
Page 119

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

construction process. A minimum of four (4) full-size hard copies of
the preliminary drawings and specifications, in addition to the
required electronic versions specified in Section 2.3, for those offers
that include a new facility.
1.14.19.3 The maintenance plan and preventive maintenance program.
1.14.19.4 Building construction types and all major building components
including documentation that the design is in conformance with the
ADAAG for Buildings and Facilities, as well as all regulatory
agencies' requirements.
1.14.19.5 The address of the Contract Facility including a general description of
the location and the surrounding area.
1.14.19.6 A description of the property with the facility and the condition of the
property.
1.14.19.6.1

Include the size of the property within the secure
perimeter and the distance to each property line.

1.14.19.6.2

Include the size of the property outside of the secure
perimeter.

1.14.19.7 Upon Contract award the Contract Facility Operator shall not alter the
size, configuration or mission of the Contract Facility.
1.14.20 No structure shown by the ALTA survey, including any and all modifications,
shall be demolished without 90-day prior written notice to the Department.
1.14.21 Upon Contract award the Contract Facility Operator shall:
1.14.21.1 Operate the contracted facility in compliance with all Federal, State
and local laws, rules, regulations, as well as codes relative to fire,
health, safety, and environmental issues.
1.14.21.2 Pay all taxes applicable to the use of the contracted facility.
1.14.22 The Contract Facility Operator shall pay and discharge, in a timely manner
without offset, deduction or abatement for any cause, all duties, taxes, charges,
assessments, impositions and payments, extraordinary as well as ordinary,
unforeseen as well as foreseen, of every kind and nature (under or by virtue of
any current or subsequently enacted law, ordinance, regulation, action or order
of any public or governmental authority), which during the term of this Contract
are due, imposed upon, charged against, measured by, or become a lien on the
Page 120

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

facility or any improvements or personal property therein.
1.14.23 The Contract Facility Operator’s failure to perform obligations required by the
terms of any resulting Contract that require mediation and/or correction by the
Contract Facility Operator shall be at no cost to the State or the Department of
Corrections Rehabilitation & Reentry.
1.14.24 The Offeror shall submit with the proposal, all required Regulatory approval
submittals, permits or approvals issued, including any approved variances.
1.14.25 The Contract Facility Operator shall submit copies of all documentation for:
1.14.25.1 the complete structure,
1.14.25.2 electrical design capacities,
1.14.25.3 mechanical design criteria and designed maintained temperatures, for
both cooling and heating, that shall be met with outside air
temperature conditions,
1.14.25.4 designed maintained lighting levels to be achieved at all locations on
the site,
1.14.25.5 site plan,
1.14.25.6 shop drawings, change order requests, and one full set of Mylar asbuilt drawings,
1.14.25.7 any modifications made to the contract documents during the course
of construction through substantial and final completion of the
project.
1.14.26 Upon an award, the Contract Facility Operator shall, if applicable, provide
complete copies of the design and anticipated Wastewater Treatment Plant
effluent standards and shall indicate that the designed plant shall meet all
Federal and State standards. Identical information for the domestic water
treatment plant, if required, and the quality of the potable water to be used in the
facility shall also be provided and shall meet all Federal Standards.
1.14.26.1 Copies of all easements, right of way, utility agreements, and all other
applicable agreements that are required to operate the facility shall
be provided to the Department.
1.14.27 If applicable, the Contract Facility Operator shall include the Department
construction representatives in all job construction meetings when the
Page 121

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

substantial completion reviews are documented by the registrants of the project.
1.14.28 Copies of all building certificates shall be provided to the Department.

Page 122

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.15

INVOICING/PAYMENTS.
Department forms may be computerized; however, the Contract Facility Operator shall
ensure all required information is provided.
1.15.1

Per Diem. The Contract Facility Operator shall invoice the Department twice
each month within five (5) workdays after the end of each billing cycle. For the
purposes of this Contract, workdays shall be Monday through Friday, 8 a.m. to
5 p.m., excluding State holidays.
1.15.1.1 The amount of per diem paid per inmate shall be in accordance with
the Fee Schedule.
1.15.1.2 The Contract Facility Operator shall utilize the invoice format, as
shown by Exhibit 4, Per Diem Invoice, to submit invoices for all
beds.
1.15.1.3 Exhibit 5, Supporting Detail for Per Diem Invoice, shall be completed
and accompany the Per Diem Invoice.
1.15.1.4 Exhibit 6, Corrections To Previous Monthly Invoice(s), shall be
utilized for the following:
1.15.1.4.1 Corrected spelling of inmate’s name.
1.15.1.4.2 Corrected inmate’s Department number.
1.15.1.4.3 Corrected payment calculations for identified inmates.
1.15.1.5 The Department shall pay for the day of arrival of each inmate. The
Department shall not pay for the day the inmate is released from the
Facility. Per diem payments shall not be made for days inmates are
temporarily in the custody of another jurisdiction, in Arizona or
elsewhere.
1.15.1.6 Invoices shall be legible and in the format directed. Invoices that are
illegible shall be returned to the Contract Facility Operator for
clarification. The Department shall not be held to established timeframes for payment as set forth above.
1.15.1.7 The Contract Facility Operator shall submit original invoices and
supporting detail to the Department Contract Monitor for
verification.
1.15.1.8 The Department Contract Monitor shall verify invoice information
and submit to the Contract Beds Bureau for further review, approval,
and payment.
Page 123

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.15.1.8.1 It is the Department’s objective to make payment
authorization within five (5) workdays after receipt of
the invoice(s).
1.15.1.9 If a discrepancy occurs, the Department Contract Monitor or other
Department staff shall notify the Contract Facility Operator of said
discrepancy immediately after reviewing the Contract Facility
Operator’s invoices and supporting detail. The Contract Facility
Operator and the Department shall resolve the discrepancy by
comparison and reconciliation of records.
1.15.1.9.1 If resolution cannot be achieved the disputed amount shall
not be paid until mutual agreement is reached relative
to the discrepancy.
1.15.1.9.2 Time frames for payment for the disputed amount shall be
waived until the dispute is resolved.
1.15.1.9.3 The CBOD, or designee, shall authorize payment within
fifteen (15) workdays after receipt and approval of
Contract Facility Operator invoices, contingent upon
services and documentation being satisfactorily
provided.
1.15.1.9.4 The Contract Facility Operator shall be required to pay
each of its subcontractors in a timely manner for
services rendered regardless of any dispute with the
Department.
1.15.1.9.5 Should payment be made to a Trust Payee, the Trust Payee
shall satisfy all debt service requirements prior to
releasing funds for other purposes.
1.15.1.10 Background Checks and Fingerprint Cards. The Contract Facility
Operator covers the monthly service fee relating to NCIC/ACIC
background investigations, as described in Section 1.9.11.3. The
Contract Facility Operator covers the costs for processing contractorrequested fingerprint cards through direct payment to the Arizona
Department of Public Safety (or as otherwise directed).
1.15.1.11 Medical Treatment Costs. The Contract Facility Operator shall
reimburse the Department monthly for monies paid by inmates for
health care services. ADCRR will provide details on the current
process and processing timeframes for electronic (or other) transfer
of inmate medical fees upon contract award.
Page 124

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.15.1.12 Payment of Inmate Wages. Inmates shall be paid for work activities
the same wage regardless of location in accordance with DO 903,
Inmate Work Activities.
1.15.1.13 The Contract Facility Operator shall process inmate time sheets
utilizing Exhibit 8, Inmate Time Sheet For Work Activities, on a biweekly basis (once every two weeks). Note: there may be rare
instances when a different pay period interval (not bi-weekly) may
be directed by the Department.
1.15.1.14 Inmate time sheets shall be submitted to the Department Contract
Monitor for verification of payroll charges prior to submittal to the
Contract Facility Operator’s inmate banking technician.
1.15.1.15 Inmates providing labor on-site shall have wages posted to their trust
accounts in accordance with Department Written Instructions.
1.15.2

Off-Site Work Assignments. Public or contract entities shall pay an hourly rate
for inmate labor services as specified in each Inmate Work Contract developed
by the Department’s Procurement Services.
1.15.2.1 Procedures and time frames related to payment shall be delineated in
each Inmate Work Contract.
1.15.2.2

The Contract Facility Operator shall receive payment from each
third-party contracting entity for wages earned for inmate labor.

1.15.2.3 Payments received shall be verified by the Contract Facility Operator.
If the Contract Facility Operator finds a discrepancy in the amount of
payment, the discrepancy shall be resolved with the contracting
entity in accordance with the terms of the work agreement.
1.15.2.4 The Contract Facility Operator shall be responsible for providing the
required information concerning the inmate’s work for the Inmate
Banking System.
1.15.2.5 Inmate wages earned shall be posted to inmate accounts by Contract
Facility staff in accordance with Department Written Instructions.
1.15.2.6 In accordance with A.R.S. § 31-254, inmates are not entitled to
Workers' Compensation provisions or benefits for labor provided to
the Contract Facility, or for labor provided under third-party
agreements.
1.15.3

Utility Fees. Per A.R.S. § 31-239 inmates who possess at least one major
Page 125

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

electrical appliance shall pay a monthly fee, as determined by the Department.
An automated withdrawal through the Inmate Banking System will be input by
the Contractor as directed by the Department and printed by the Department’s
Central Office. The utility check produced at the Department Central Office will
be deposited into the General Fund.
1.15.4

Specialty Training. The Department shall invoice the Contract Facility
Operator within thirty (30) days after staff training or intervention is provided.
Invoiced amounts shall be based on actual costs as determined from travel
receipts, Positive Attendance Reports (PAR) / Employee Time Entry (ETE), and
salary for each employee providing training or intervention. The Contract
Facility Operator shall pay the Department within ten (10) days after receipt of
invoice.
1.15.4.1 Payment shall be sent to the following (or as otherwise directed by
ADCRR):
Arizona Department of Corrections, Rehabilitation & Reentry
Attention: Chief Financial Officer,
Financial Services Bureau
1601 West Jefferson, M/C 55403
Phoenix, Arizona 85007

1.15.5

Reentry Allowance. The Contract Facility Operator shall invoice the
Department quarterly for reimbursement of discharge allowance paid to eligible
inmates in accordance with Department Written Instructions.
1.15.5.1 Invoices requesting reimbursement shall be submitted by the Contract
Facility Operator to the Department Contract Monitor by the tenth
(10th) workday of each July, October, January, and April. Each
invoice shall indicate the following information relative to each
inmate who received reentry allowance: name of each inmate,
Department identification number, amount paid, purpose of payment
(clothing), and date of discharge.
1.15.5.2 The Department Contract Monitor shall verify the invoiced
information and submit the invoice to the CBOD, or designee, for
authorization of payment.
1.15.5.3 The Department shall reimburse the Contract Facility Operator for
dedicated reentry allowance within fifteen (15) workdays after
receipt of invoice and verification of supporting detail via the inmate
banking system. Payments for reentry allowance reimbursement
shall be made payable to the Contract Facility Operator and sent to
the Contract Facility Operator’s Corporate Office.

Page 126

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.16

REPORTS
1.16.1

A Contract Facility Operator shall comply with all statistical, financial, and
informational reporting requirements contained in this request for proposal. The
Department reserves the right to change the reports, report content, or frequency
of reports at any time during the term of a Contract awarded as a result of this
request for proposal. The Department shall notify a Contract Facility Operator
of a change within a reasonable period of time.

1.16.2

A Contract Facility Operator shall provide accurate, complete and timely shift
reports, staffing reports, and all other daily, monthly, and annual reports
necessary to monitor the contract; daily management team meetings shall be
held and Department monitoring staff shall attend. Information reports will be
logged at the time they are written, and monitors shall receive a direct
accounting for all information reports, Significant Incident Reports,
Disciplinary Reports, and Inmate Grievances. Failure to comply with this
requirement shall result in a written deficiency notice (and/or other
documentation) and shall require a corrective action plan. Egregious or
continual occurrences of failure may result in monetary offsets, suspension, or
termination of the Contract.

1.16.3

Department staff authorized by the CBOD shall have unhindered access to all
statistical, financial, informational data, documents, and reports required
pursuant to this request for proposal, at any time, without prior notice to the
Contract Facility Operator.

1.16.4

The Contract Facility Operator shall be responsible for and shall ensure that all
information required to be provided at any point during the life of any resultant
contract is timely, complete and accurate. In addition to monetary offsets,
failure to report negative occurrences and other misrepresentations shall
constitute an Event of Default.

1.16.5

In addition to other data and information that may be required pursuant to this
request for proposal, reports identified in Exhibit 10, Required Reporting, shall
be submitted as specified and shall be sent to the Department Contract Monitor
or other designated Department representative on or before the required due
date. Whenever the reporting due date(s) cannot be met, Contract Facility staff
shall make all best efforts in advance to notify relevant Department staff of the
delay, and the anticipated reporting date.

1.16.6

Additional/Ad Hoc Reporting Requirements: The Department reserves the right
to require additional reports, ad hoc reports, information pertaining to Contract
compliance or other reports, or information that may be required to respond to
grievances, inquiries, complaints, lawsuits, public records requests, and other
questions raised by inmates or other parties.

Page 127

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

1.16.6.1 The Department shall make the request for the report in writing
(and/or via email) to a Contract Facility Operator. The request shall
specify the information required and the date the report is due.
1.16.6.2 A Contract Facility Operator shall submit the report or information
requested on or before the required due date.
1.16.7

Suspension/Cessation of Reports Required in Exhibit 10, Required Reporting:
At any time, at the Department’s sole discretion, the Contract Facility
Operator’s obligation to provide any periodic required report may be suspended
temporarily, or until further notice, or permanently. Notification will be
provided by the Department in writing (and/or via email), with the effective date
and projected duration (if known). The suspension/cessation of one or more
reports does not otherwise alter any contractual requirement for the Contract
Facility Operator to submit all other reports.

1.16.8

Reports Required in Exhibit 10, Required Reporting: The submission of late,
inaccurate, or otherwise incomplete reports may constitute failure to report
subject to the monetary offsets described in Section 1.7.3. Standards applied for
determining failure to report are as follows:
1.16.8.1 A report shall be deemed timely and not late if received on or before
required due dates.
1.16.8.2 A report shall be deemed accurate if it is prepared in conformity with
Department requirements, and contains no errors of fact.
1.16.8.3 A report shall be deemed complete if all required information is fully
disclosed in a manner that is both responsive and pertinent to the
intent of the report with no material omissions.

1.16.9

Reports Required in Exhibit 10, Required Reporting: If a failure to report is
identified, the Department Contract Monitor and/or CBOD shall notify the
Contract Facility Operator in writing (and/or via email) that the matter may be
referred to the Chief Procurement Officer to take action against the Contract
Facility Operator, including but not limited to monetary offsets, suspension, or
termination of the Contract.
1.16.9.1 The Contract Facility Operator shall have ten (10) days to appeal in
writing (and/or via email) disputing a decision to refer the matter to
the Chief Procurement Officer for action.
1.16.9.2 The Department Contract Monitor and/or CBOD shall have ten (10)
days to make a final determination regarding the decision to refer the
matter to the Chief Procurement Officer for action and to provide
written notice (and/or via email) to the Contractor of the final
determination.

Page 128

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

2

SPECIAL INSTRUCTIONS TO OFFERORS
2.1

ORDER OF PRECEDENCE:
In the event of a conflict between these Special Instructions to Offerors and the
associated Uniform Instructions to Offerors (available online in APP), these Special
Instructions to Offerors shall prevail.

2.2

PRE-OFFER CONFERENCE:
A Pre-Offer Conference will be held on July 15, 2021, at 12:00 Noon (MST), Arizona
Time. Attendance is not required, but it is recommended. Attendance may be in person at
1645 W. Jefferson Street, Phoenix, AZ, 85007 in the Procurement Office Conference
Room #4304 on the 4th Floor, or virtually via Google Meets. If attending in person, a
limit of two (2) attendees per company shall apply. All in-person attendees must have
photo ID and will need to enter through the visitor entrance on the North side of the
building. If planning to attend virtually, please provide the name, title, phone number,
and email address for all prospective attendees to David Brackney
(dbrackney@azadc.gov) no later than July 12, 2021. Attendees may ask questions to
clarify any intent or information in the Solicitation documents. Please be advised that
nothing said during the conference, by any party, changes the Solicitation in any way.
ADCRR will issue a formal written Solicitation Amendment, if applicable, to make any
changes or clarifications to the Solicitation.

2.3

ON-SITE VISIT:
At the Department’s option, a site visit to an Offeror’s proposed facility(ies) may be held
at any time prior to award notification with any Offeror who has been determined
susceptible for award. Such a visit will be coordinated in advance with the Offeror.

2.4

SUBMISSION OF OFFER:
A single Offeror shall manage the submission of materials composing their respective
proposal. A single Contractor shall manage all services provided under any resulting
contract. Offerors may anticipate the use of subcontractors in their proposal but shall not
relegate to anticipated subcontractors any responsibility or authority with regard to their
proposal as described herein. Offerors shall include information on all anticipated
subcontractors that would provide a significant portion (10% or greater) of service to the
State under any resulting contract. Any Solicitation amendments shall be acknowledged
in APP.

2.5

FORMAT OF PROPOSAL SUBMISSION:
2.5.1
To aid in the evaluation, proposals shall follow the same general format as the
Solicitation document. The proposal numbering sequence must be in
accordance with the Solicitation document and identifiable to each section
within the proposal.
2.5.2

Offers shall be submitted in the manner described below with each tab (file)
clearly labeled. Each tab represents a specific file attachment to be uploaded by
Offeror in APP; the file name for each attachment is to include the applicable
Tab number. Proposals without these attachments may be considered
Page 129

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

nonresponsive.
Tab 1

Offer and Acceptance. Provide a signed copy of the Offer and
Acceptance form (see Attachment 1). Only one Offeror’s name is to
appear on the Offer & Acceptance form, and the only individual’s
name and signature on the form should be that of an authorized person
who can legally bind the Offeror company. Proposals submitted
without a signed copy of this document may be considered
nonresponsive. Any solicitation amendments shall be included in this
Tab, and shall also be acknowledged in APP.

Tab 2

The Offeror shall provide a thorough description of the services
being offered to the Department. Respond specifically, and in order to
all items listed in the Scope of Work. The numbering sequence in
responding to the Scope of Work must follow and be in accordance
with the numbering sequence of the Scope of Work contained in the
solicitation document.

Tab 3

Deviations and Exceptions. As stated on the form (see Attachment 2),
any unallowable or questionable deviations or exceptions may cause
an offer to be considered nonresponsive. Deviations and exceptions
noted elsewhere in the offer and not specified on this form shall be
considered void and not part of the offer.

Tab 4

Designation of Confidential, Trade Secret & Proprietary Information
(2-page form; see Attachment 3). ADCRR is not requesting, and does
not require, confidential proprietary information or trade secrets to be
included as part of Offeror’s submission in order to evaluate its
proposal. Accordingly, except as provided herein, Offeror should not
label proposal submissions as confidential, proprietary, or trade secret
protected. Any Offeror who determines that it must divulge such
information as part of its proposal must clearly identify the document
pages containing such information using the term “confidential”. The
State, pursuant to A.A.C. R2-7-103, will review all requests for
confidentiality and provide a written determination. If the confidential
request is denied, such information will be disclosed as public
information unless the person utilizes the “protest” provision as noted
in A.R.S. § 41-2611 through §41-2616 and the protest is
upheld. Offeror’s proposed fees will not be considered as confidential.
Offeror shall submit a final redacted version of the offer upon the
Department’s request.

Tab 5

Fee Schedule. Offeror shall complete Attachment 9 (3-page form), Fee
Schedule and submit with their offer as an attachment in APP.

Tab 6

Budget Narrative. Offeror shall complete Attachment 10 (6-page
form), Budget Narrative and submit with their offer in APP.
Page 130

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

Tab 7

Identification of Subcontractors. Offeror shall complete Attachment 6
(3-page form), Identification of Subcontractors and submit with their
offer in APP.

Tab 8

References. Offeror shall provide at least three (3), but no more than
five (5) references from entities that Offeror has provided or is
providing the same or similar services as those described in this
solicitation. All references are to be provided by persons employed in
the Contracting Office (or equivalent) of each entity providing a
reference, and the title and/or position of each such person should
reflect this requirement. Each of the Offeror’s references shall
complete Attachment 7, References. This attachment shall be included
in the Offeror’s proposal response. Information should support at least
one (1) year of information relating to performance.

Tab 9

Additional Materials. Include any other documentation as necessary,
but not to exceed twenty (20) pages, including Attachment 4,
Additional Materials Form.

Tab 10 Occurrence and Vacancy Sample/Template. Offeror shall include
Occurrence and Vacancy Data using the templates in Attachment 8 (2page form), Occurrence and Vacancy Sample/Template.
Tab 11 General Staffing Pattern. Offeror shall include Attachment 11 (2-page
form), General Staffing Pattern.
Tab 12 Position Descriptions. Offeror shall include Attachment 12 (multiple
forms as needed), Position Description.
Tab 13 Administrative Information. Offeror shall include Attachment 5 (2page form), Administrative Information.
2.5.3

All pages of the response to the Request for Proposal shall be consecutively
numbered.

2.5.4

Responses to Sections and Subsections shall be provided in the consecutive
order used in the Solicitation.

2.5.5

All responses to a particular Section or Subsection of this Request for Proposal
shall begin with the clear identification of the Section or Subsection for which
the response is being provided.

2.5.6

All information submitted in response to a particular Section or Subsection
shall be provided under the response to that particular Section or Subsection,
and not by reference to another part of the response. Information or data
pertaining to a particular Section or Subsection, but included elsewhere, shall
not be considered part of the response and shall not be considered part of any
Page 131

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

contract awarded.
2.5.7

The Offeror shall acknowledge that the Offeror has read, understands, and shall
comply with, as applicable, each Section and Subsection of the Request for
Proposal, even those Sections and Subsections that are, or appear to be,
informational only. For example, to acknowledge this Subsection, your
response shall indicate that you “have read, understand, and shall comply with
Sections and Subsections identified herein”.

2.5.8

For those Sections and Subsections that require the submission of information,
the Offeror, in addition to making the acknowledgement required in the above
Section, shall submit the requested information in a format consistent with the
request as stated in the Request for Proposal.

2.6

QUESTIONS, CLARIFICATIONS OR INTERPRETATIONS:
Any doubt as to the requirements of the Request for Proposals or any apparent omissions
or discrepancies shall be presented in writing through APP no later than July 29, 2021, at
12:00 Noon (MST), Arizona Time. The Department shall determine any appropriate
action necessary, and issue any needed written amendment to the Request for Proposal
through APP.

2.7

REFERENCED DOCUMENTS:
Any documents incorporated by reference herein are available online. Offeror shall
submit an inquiry through APP if they are unable to locate any such document(s).

2.8

IT 508 COMPLIANCE:
Any electronic or information technology offered to the State of Arizona under this
solicitation shall comply with A.R.S. § 41-3531 and § 41-3532 and Section 508 of the
Rehabilitation Act of 1973, which requires that employees and members of the public
shall have access to and use of information technology that is comparable to the access
and use by employees and members of the public who are not individuals with
disabilities. Any exceptions shall be declared in writing in the offer.

2.9

PROPOSAL OPENING:
Proposals shall be opened online on the date and time indicated in APP. Following the
opening, interested parties may contact the Procurement Officer to request a copy of the
proposal record of opening. After contract award, the proposals and evaluation
documents shall be open for public inspection.

2.10

RESPONSIBILITY, RESPONSIVENESS AND ACCEPTABILITY:
In accordance with A.R.S. § 41-2534(G), A.A.C. R2-7-C311, A.A.C. R2-7-C312 and R27-C316, the State shall consider the following in determining Offerors’ responsibility, as
well as the responsiveness and acceptability of their proposals. The State will consider,
but is not limited to, the following in determining an Offeror’s responsibility as well as
susceptibility to Contract Award:
2.10.1

Whether the Offeror has had a contract within the last five (5) years that was
terminated for cause due to breach or similar failure to comply with the terms
Page 132

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

of the contract;

2.11

2.10.2

Whether the Offeror’s record of performance includes factual evidence of
failure to satisfy the terms of the Offeror’s agreements with any party to a
contract. Factual evidence may consist of documented vendor performance
reports, customer complaints and/or negative references;

2.10.3

Whether the Offeror (and, if applicable, its identified subcontractor) is legally
qualified to contract with the State; legally qualified status includes
consideration of whether the Offeror or any of its key personnel have been
debarred, suspended or otherwise lawfully prohibited from participating in any
public procurement activity, including but not limited to, being disapproved as
a subcontractor of any public procurement unit or other governmental body.

2.10.4

Whether the Offeror promptly supplied all requested information concerning
its responsibility;

2.10.5

Whether the Offer was sufficient to permit evaluation by the State, in
accordance with the evaluation criteria identified in this solicitation or other
necessary offer components. Necessary offer components include:
attachments, documents or forms to be submitted with the offer; an indication
of the intent to be bound; reasonable or acceptable approach to perform the
Scope of Work; acknowledged solicitation Amendment(s) (if any); references
to include experience verification; adequacy of financial/business/personal or
other resources to include a performance bond; and stability including
subcontractors; and any other data specifically requested in the solicitation;

2.10.6

Whether the Offer was in conformance with the requirements contained in the
Scope of Work, Terms and Conditions, and Instructions for the solicitation
including its Amendments (if any) and all documents incorporated by
reference;

2.10.7

Whether the Offer limits the rights of the State;

2.10.8

Whether the Offer includes or is subject to unreasonable conditions, to include
conditions upon the State necessary for successful contract performance. The
State shall be the sole determiner as to the reasonableness of a condition;

2.10.9

Whether the Offer materially changes the contents set forth in the solicitation,
which includes the Scope of Work, Terms and Conditions, or Instructions; and,

2.10.10

Whether the Offeror provides misleading or inaccurate information.

EVALUATION:
2.11.1
In accordance with the Arizona Procurement Code A.R.S. § 41-2534, award(s)
shall be made to the responsible Offeror(s) whose proposal is determined in
Page 133

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

writing to be the most advantageous to the State based upon the evaluation
criteria listed below. The evaluation factors are listed in their relative order of
importance.
2.11.1.1
2.11.1.2
2.11.1.3
2.11.1.4

Scope of Work
Cost
Conformance to Special Terms and Conditions
Conformance to Uniform Terms and Conditions

2.11.2

In addition to the evaluation criteria, exceptions to terms and conditions, as
stated in the Uniform Instructions to Offerors, may impact an Offeror’s
susceptibility for award.

2.11.3

Offer Acceptance Period. An Offeror submitting an Offer under the
Solicitation shall hold its Offer open for the number of days from the Offer due
date that is stated in the Solicitation. If the Solicitation does not specifically
state a number of days for Offer acceptance, the number of days shall be one
hundred eighty (180). If a Best and Final Offer is requested pursuant to a
Request for Proposals, an Offeror shall hold its Offer open for one hundred
eighty (180) days from the Best and Final Offer due date.

2.12

DISCUSSIONS:
In accordance with A.R.S. § 41-2534, after the initial receipt of proposals, the
Department reserves the option to conduct discussions with those Offerors who submit
proposals determined by the Department to be reasonably susceptible of being selected
for award.

2.13

PUBLIC HEARINGS:
If the facility is located in Arizona, in accordance with A.R.S. § 41-1609.02 public
hearings will be held. Dates, times and locations are to be determined.

2.14

DOCUMENTS FOR AWARD:
The Department will not sign any agreements or any other documents presented for the
services listed herein. The completed Offer and Acceptance form signed by the Chief
Procurement Officer and the award notice will be the basis for the formation of the
contract.

2.15

INVESTIGATIONS:
The Department reserves the right to make investigations, as deemed necessary, to
determine the ability of the Offeror to perform the specified work. The Offeror shall
furnish to the Department all such information and data for this purpose as may be
requested. The Department reserves the right to reject any Offer if evidence submitted or
investigation fails to satisfy the Department that the Offeror is properly qualified to carry
out the obligations of the solicitation. Conditional Offers shall not be accepted.

2.16

REJECTION OF OFFERS:
The Department, at its discretion, may reject any and/or all Offers.
Page 134

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

3

SPECIAL TERMS AND CONDITIONS
3.1

TERM OF CONTRACT:
The term of any resultant contract shall commence on the activation date and shall
continue for a period of five (5) years, unless extended, terminated or canceled, as
otherwise provided herein. The activation date shall be when the first inmate is received
by the contracted bed facility.

3.2

CONTRACT EXTENSION:
By mutual agreement, any resultant contract may be extended for a supplemental period
of up to five (5) years, for a maximum total contract term of ten (10) years.

3.3

AUTHORITY TO CONTRACT:
This contract activity is issued under the authority of the Department Chief Procurement
Officer. No alteration of any portion of the contract, any items or services awarded, or
any other agreement that is based upon this contract may be made without express written
approval of the Department in the form of an official contract amendment. Any attempt
to alter any documents on the part of the ordering agency or any Contractor is a violation
of the contract and the Arizona Procurement Code. Any such action is subject to legal
and contractual remedies available to the State inclusive of, but not limited to, contract
cancellation, suspension and/or debarment of the Contractor.

3.4

NON-AVAILABILITY OF FUNDS:
In accordance with A.R.S. § 35-154, every payment obligation of the State under the
Contract is conditioned upon the availability of funds appropriated or allocated for
payment of such obligation. If funds are not allocated and available for the continuance
of this Contract, this Contract may be terminated by the State at the end of the period for
which funds are available. No liability shall accrue to the State in the event this provision
is exercised, and the State shall not be obligated or liable for any future payments or for
any damages as a result of termination under this paragraph.

3.5

PRESS AND PUBLICITY:
Prior to pursuing any press or publicity regarding these services, the Contractor shall
work with ADCRR’s Media Relations Unit. ADCRR retains final approval rights
concerning any such matters.

3.6

MULTIPLE AWARDS:
In order to assure that any ensuing contract(s) will allow the Department to fulfill current
and future requirements, the Department reserves the right to award contracts to multiple
contractors. The actual utilization of any contract will be at the sole discretion of the
Department. The fact that the Department may make multiple awards should be taken
into consideration by each Offeror.

3.7

CANCELLATION:
Page 135

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

3.7.1

3.7.2

3.7.3

3.8

The Department reserves the right to cancel the whole or any part of this contract
due to failure by the Contractor to carry out any obligation, term or condition of
this contract. The Department will issue written notice to the Contractor for
acting, or failing to act, as in any of the following:
3.7.1.1

The Contractor provides services or material that does not meet the
specifications of this contract;

3.7.1.2

The Contractor fails to adequately perform the services set forth in the
specifications of this contract;

3.7.1.3

The Contractor fails to complete the services required or to furnish the
materials required within the time stipulated in the contract;

3.7.1.4

The Contractor fails to progress in the performance of this contract
and/or gives the Department reason to believe that the Contractor will
not or cannot perform to the requirements of the contract.

Upon receipt of the written notice of concern, the Contractor shall have ten (10)
days to provide a satisfactory response to the Department. Failure on the part of
the Contractor to adequately address all issues of concern may result in the
Department resorting to any single or combination of the following remedies:
3.7.2.1

Cancel any contract;

3.7.2.2

Pursue any or all of the applicable contractual remedies provided for in
the Uniform Terms and Conditions;

3.7.2.3

Perform any test or analysis on materials or services for compliance
with the requirements of this contract. If the results of any test or
analysis find a material non-compliance with the requirements, the
actual expense of testing or analysis shall be borne by the Contractor.

In case of default, the Department reserves the right to procure services or to
complete the required work in accordance with the Arizona Procurement Code.
The Department may recover any actual excess costs from the Contractor by:
3.7.3.1

Deduction from unpaid balance;

3.7.3.2

Collection against the Offer and/or performance bond, or;

3.7.3.3

Any combination of the above or any other remedies as provided by
law.

END OF CONTRACT TRANSITION: In the event this Contract is canceled, terminated,
or is approaching expiration, upon ADCRR’s request, the Contractor shall cooperate with
and assist the Department in the transition of services to a new Contractor or returning
Page 136

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

inmates to ADCRR custody. In addition, ADCRR reserves the right to extend the term of
the Contract on a month-to-month basis to assist in the transition of services to a new
Contractor or returning inmates to ADCRR custody. The Contractor shall make provision
for continuing all management, operations, and administrative services until the transition
of services is complete and all other requirements of the Contract are satisfied. The
Contractor shall be responsible during the transition period for all requirements within the
Contract.
3.9

PRICING:
The method of compensation governing the contract shall be fixed price.

3.10

PRICE REDUCTION
3.10.1
Price reductions may be submitted to the Department for consideration at any
time during the contract period. The Department at its own discretion may
accept a price reduction.
3.10.2

Price reductions will become effective upon acceptance by the Department.

3.11

BUSINESS STANDING A.R.S. § 10-1501
3.11.1
A selected Contractor whose business structure requires that documents be
filed regularly with the Arizona Corporation Commission (ACC) must remain
in good standing with the ACC during the term of the contract. An out-of-state
firm selected for contract award must file necessary documents with the ACC
as doing business in Arizona prior to execution of the contract and, throughout
the term of the contract, must remain in good standing with the ACC and the
entity where the original documents were filed.

3.12

PERFORMANCE BONDS
3.12.1
Upon execution of the Contract and prior to any construction, if applicable, the
Contractor must post a Performance Bond equal to 100% of the projected
annual per diem cost. Thereafter, Performance Bonds equal to 100% of the
projected annual per diem cost shall be provided annually. The proceeds from
the bond shall be used to correct default situations relative to lack of
performance on the part of the Contractor, or to pay Department expenses to
relocate assigned inmates and acquire similar services if the Contract is
terminated or the Contractor defaults during the term of the Contract.

3.13

3.12.2

Performance Bonds shall be of a standard commercial scope and shall be
issued by a surety company authorized by the Director of the Arizona
Department of Insurance pursuant to Title 20, Chapter 2, Article 1, to transact
business in Arizona.

3.12.3

Performance Bonds shall be in a form acceptable to the State and shall be
payable to the Arizona Department of Corrections, Rehabilitation & Reentry,
an agency of the State of Arizona.

LIQUIDATED DAMAGES FOR LOADING AND DEACTIVATION OF INMATES
Page 137

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

The Department may assess liquidated damages in the amount of $80.00 per day per
inmate for any default that may occur at any time related to the loading and/or
deactivation of inmates. Contractors failing to meet the contracted loading schedule and
deactivation schedule will be assessed liquidated damages.
3.14

CONFIDENTIAL BUSINESS INFORMATION (CBI):
Prior to the award of the Contract, the Contractor shall establish, maintain and present to
ADCRR for approval Contractor’s procedures, controls, and other precautionary
measures intended to ensure that no CBI, as defined in Exhibit 13, Confidentiality
Agreement, shall be used or disclosed by Contractor, its agents, officers, or employees,
except as required to efficiently perform duties or other responsibilities under the
Contract. Any persons requesting CBI must be referred to ADCRR. Contractor also
understands and agrees that any information pertaining to individual persons, inmate or
non-inmate, shall not be disclosed other than to employees or officers of the Contractor
as needed for the performance of duties or other responsibilities under the Contract,
unless otherwise agreed to in writing by ADCRR. Completion of Exhibit 13,
Confidentiality Agreement is mandatory.

3.15

DEPARTMENT POLICY AND PROCEDURES:
The Contractor shall follow all Department policies, procedures and Department Orders
(DOs) and Director’s Instructions (DIs) e.g., drug-free workplace, dress code, grooming,
etc. The policies, procedures, DOs and DIs are available on the following websites:
https://corrections.az.gov/reports-documents/adc-policies/department-orders-index
https://corrections.az.gov/reports-documents/adc-policies/directors-instructions-list

3.16

NOTICE WARNING:
Any person who takes into or out of or attempts to take into or out of a correctional
facility or the grounds belonging to or adjacent to a correctional facility, any item not
specifically authorized by the correctional facility, shall be prosecuted under the
provisions of the Arizona Revised Statutes. All persons, including employees and
visitors, entering upon these confines are subject to routine searches of their persons,
vehicles, property or packages.
Definition:

3.17

A.R.S. § 13-2501:
A.R.S. § 13-2505,
ADCRR Department Order 708, Searches

CONTRABAND:
3.17.1
Contraband means any dangerous drug, narcotic drug, intoxicating liquor of
any kind, deadly weapon, dangerous instrument, explosive, wireless
communication device, multimedia storage device or any other article whose
use of or possession would endanger the safety, security or preservation of
order in a correctional facility or any person therein. (Any other article includes
any substance which could cause abnormal behavior, i.e., marijuana,
nonprescription medication, etc.)
3.17.1.1 Promoting prison contraband A.R.S. § 13-2505:
Page 138

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

3.17.1.2 A person, not otherwise authorized by law, commits promoting
contraband:
3.17.1.3 By knowingly taking contraband into a correctional facility or the
grounds of such a facility; or
3.17.1.4 By knowingly conveying contraband to any persons confined in a
correctional facility; or
3.17.1.5 By knowingly making, obtaining, or possessing contraband in a
correctional facility.
3.17.1.6 Promoting Prison Contraband is a Class 5 felony:
Definition: A.R.S. § 13-2501:
A.R.S. § 13-2505,
ADCRR DO 708
3.18

FEDERAL PRISON RAPE ELIMINATION ACT 2003:
The Contractor shall comply with the Federal Prison Rape Elimination Act of 2003.
Reference 28 C.F.R. Part 115.

3.19

UNLAWFUL SEXUAL CONDUCT:
3.19.1
A person who is employed by the State Department of Corrections
Rehabilitation & Reentry or the Department of Juvenile Corrections; is
employed by a private prison facility or a city or county jail; Contracts to
provide services with the State Department of Corrections Rehabilitation &
Reentry, the Department of Juvenile Corrections, a private prison facility or a
city or county jail; is an official visitor, volunteer or agency representative of
the State Department of Corrections Rehabilitation & Reentry, the Department
of Juvenile Corrections, a private prison facility or a city or county jail –
commits unlawful sexual conduct by intentionally or knowingly engaging in
any act of a sexual nature with an offender who is in the custody of the State
Department of Corrections Rehabilitation & Reentry, the Department of
Juvenile Corrections, a private prison facility or a city or county jail or with an
offender who is under the supervision of either Department or a city or county.
3.19.2

This section does not apply to a person who is employed by the State
Department of Corrections Rehabilitation & Reentry, a private prison facility,
or a city or county jail, or who Contracts to provide services with the State
Department of Corrections Rehabilitation & Reentry, a private prison facility,
or a city or county jail, or an offender who is on release status if the person was
lawfully married to the prisoner or offender on release status before the
prisoner or offender was sentenced to the State Department of Corrections
Rehabilitation & Reentry or was incarcerated in a city or county jail.
Page 139

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

3.19.3

Unlawful sexual conduct with an offender who is under fifteen (15) years of
age is a class 2 felony. Unlawful sexual conduct with an offender who is
between fifteen (15) and seventeen (17) years of age is a class 3 felony. All
other unlawful sexual conduct is a class 5 felony.

3.19.4

Unlawful sexual conduct; correctional facilities; classification; Definition
A.R.S. § 13-1419.

3.20

INDEMNIFICATION:
3.20.1
To the fullest extent permitted by law, Contractor shall defend, indemnify, and
hold harmless the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees
(hereinafter referred to as “Indemnitee”) from and against any and all claims,
actions, liabilities, damages, losses, or expenses (including court costs,
attorneys’ fees, and costs of claim processing, investigation and litigation)
(hereinafter referred to as “Claims”) for bodily injury or personal injury
(including death), or loss or damage to tangible or intangible property caused,
or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of Contractor or any of its owners, officers, directors, agents,
employees, volunteers, or subcontractors. This indemnity includes any claim or
amount arising out of, or recovered under, the Workers’ Compensation Law or
arising out of the failure of such contractor to conform to any federal, state or
local law, statute, ordinance, rule, regulation or court decree. It is the specific
intention of the parties that the Indemnitee shall, in all instances, except for
Claims arising solely from the negligent or willful acts or omissions of the
Indemnitee, be indemnified by Contractor from and against any and all claims.
It is agreed that Contractor will be responsible for primary loss investigation,
defense and judgment costs where this indemnification is applicable. In
consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the State of Arizona, its officers, officials, agents
and employees for losses arising from the work performed by the Contractor
for the State of Arizona. This indemnification will survive the termination of
the contract with Contractor

3.21

INSURANCE REQUIREMENTS:
3.21.1
The successful contractor will be required to provide the following
Certification(s) of Insurance and applicable endorsements within five (5) days
after receipt of written notice of intent to award this contract. The contractor
must furnish the State certification from insurer(s) for coverage in the
minimum amount as stated below. The coverage shall be maintained in full
force and effect throughout the term of this contract and shall not serve to limit
any liabilities or any other contractor obligations.
3.21.2

Contractor and subcontractors shall procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this
Contract, insurance against claims for injury to persons or damage to property
arising from, or in connection with, the performance of the work hereunder by
Page 140

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

the Contractor, its agents, representatives, employees or subcontractors.
3.21.3

The Insurance Requirements herein are minimum requirements for this
Contract and in no way limit the indemnity covenants contained in this
Contract. The State of Arizona in no way warrants that the minimum limits
contained herein are sufficient to protect the Contractor from liabilities that
arise out of the performance of the work under this Contract by the Contractor,
its agents, representatives, employees or subcontractors, and the Contractor is
free to purchase additional insurance. Insurance provided by the Contractor
shall not limit the Contractor’s liability assumed under the indemnification
provisions of this Contract.

3.21.4

MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall
provide coverage with limits of liability not less than those stated below.

3.21.5

Commercial General Liability (CGL) – Occurrence Form. Policy shall
include bodily injury, property damage, personal and advertising injury and
broad form contractual liability. Limits are to be unimpaired.
3.21.5.1
3.21.5.2
3.21.5.3
3.21.5.4
3.21.5.5

General Aggregate
Products - Completed Operations Aggregate
Personal and Advertising Injury
Damage to Rented Premises
Each Occurrence

$10,000,000
$5,000,000
$5,000,000
$1,000,000
$5,000,000

3.21.5.6 The policy shall include coverage for Sexual Abuse and Molestation
(SAM). This coverage may be sub-limited to no less than $1,000,000.
The limits may be included within the General Liability limit or
provided by separate endorsement with its own limits. If you are
unable to obtain SAM coverage under your General Liability because
the insurance market will not support it, it should it be included with
the Professional Liability. Any defense costs related to SAM
coverage shall be outside the limits.
3.21.5.7 Contractor must provide the following statement on their
Certificate(s) of Insurance: “Sexual Abuse and Molestation coverage
is included” or “Sexual Abuse and Molestation coverage is not
excluded”.
3.21.5.8 The policy shall be endorsed, as required by this written agreement,
to include the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees
as additional insureds with respect to liability arising out of the
activities performed by or on behalf of the Contractor. Such
additional insured shall be covered to the full limits of liability
purchased by the Contractor, even if those limits of liability are in
excess of those required by this Contract.
Page 141

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

3.21.5.9 Policy shall contain a waiver of subrogation endorsement, as required
by this written agreement, in favor of the State of Arizona, and its
departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees for losses arising from work
performed by or on behalf of the Contractor.
3.21.6

Business Automobile Liability - Bodily Injury and Property Damage for any
owned, hired, and/or non-owned vehicles used in the performance of this
contract.
3.21.6.1 Combined Single Limit (CSL)

$5,000,000

3.21.6.2 Hazardous Material Transport - If the Contract work includes
hazardous material transportation, the automobile liability policy
shall include the following endorsements:
 CA 99 48 Pollution Liability-broadened coverage for covered
autos
 MCS-90 (Motor Carrier Act) endorsements.
Policy shall include Automobile Pollution Liability specific to the
transportation of hazardous materials.
3.21.6.3 Policy shall be endorsed, as required by this written agreement, to
include the State of Arizona, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees
as additional insureds with respect to liability arising out of the
activities performed by, or on behalf of, the Contractor involving
automobiles owned, hired, and/or non-owned by the Contractor.
3.21.6.4 Policy shall contain a waiver of subrogation endorsement, as
required by this written agreement, in favor of the State of Arizona,
and its departments, agencies, boards, commissions, universities,
officers, officials, agents, and employees” for losses arising from
work performed by or on behalf of the Contractor.
3.21.7

Worker’s Compensation and Employers' Liability
3.21.7.1
3.21.7.2
3.21.7.3
3.21.7.4
3.21.7.5

Workers' Compensation
Employers' Liability
Each Accident
Disease – Each Employee
Disease – Policy Limit

Statutory
$1,000,000
$1,000,000
$1,000,000

3.21.7.6 Policy shall contain a waiver of subrogation endorsement, as
required by this written agreement, in favor of the State of Arizona,
and its departments, agencies, boards, commissions, universities,
Page 142

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

officers, officials, agents, and employees for losses arising from
work performed by or on behalf of the Contractor.
3.21.7.7 This requirement shall not apply to: Separately, EACH contractor or
subcontractor exempt under A.R.S. § 23-901, AND when such
contractor or subcontractor executes the appropriate waiver (Sole
Proprietor/Independent Contractor) form.
3.21.8

Professional Liability (Errors and Omissions Liability) - Limits are to be
unimpaired. Retroactive Liability Date (if applicable to Claims-Made
coverage) the same as the effective date of this contract or proceeds.
3.21.8.1 Each Claim
3.21.8.2 Annual Aggregate

$5,000,000
$10,000,000

3.21.8.3 If SAM coverage is being provided under this policy then Contractor
must provide the following statement on their Certificate(s) of
Insurance: “Sexual Abuse and Molestation coverage is included” or
“Sexual Abuse and Molestation coverage is not excluded”. This
coverage may be sub-limited to no less than $1,000,000. Any
defense costs related to SAM coverage shall be outside the limits.
3.21.8.4 Within this requirement, medical services shall be insured with sub
limits as follows.
3.21.8.4.1 Hospital Professional Liability (Administration and
Management) $2,000,000 Each Claim, $4,000,000
Aggregate.
3.21.8.4.2 Medical Malpractice Liability (Individual Medical
Practitioners) (Employees of primary contractor, and/or
subcontractors and/or sole proprietors) $1,000,000 Each
Claim, $3,000,000 Aggregate.
3.21.8.5 In the event that the professional liability insurance required by this
contract is written on a claims-made basis, Contractor warrants that
any retroactive date under the policy shall precede the effective date
of this Contract and that either continuous coverage will be
maintained, or an extended discovery period will be exercised for a
period of three (3) years beginning at the time work under this
contract is completed.
3.21.8.6 The policy shall contain an Extended Claim Reporting Provision of
not less than three (3) years following termination of the policy.

Page 143

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

3.21.8.7 The policy shall cover professional misconduct or negligent acts for
all persons and positions, including, but not limited to, Warden,
security staff, non-security staff, contractors, etc.
3.21.8.8 The policy shall cover professional liability arising out of the
rendering or failure to render medical services for all persons,
positions and operations.
3.21.9

Network Security (Cyber) and Privacy Liability
3.21.9.1 Each Claim
3.21.9.2 Annual Aggregate

$2,000,000
$2,000,000

3.21.9.3 Such insurance shall include, but not be limited to, coverage for third
party claims and losses with respect to network risks (such as data
breaches, unauthorized access or use, I.D. theft, theft of data, etc.)
and invasion of privacy regardless of the type of media involved in
the loss of private information, crisis management and identity theft
response costs. This should also include breach notification costs,
credit remediation and credit monitoring, defense and claims
expenses, regulatory defense costs plus fines and penalties, cyber
extortion, computer program and electronic data restoration expenses
coverage (data asset protection), network business interruption,
computer fraud coverage, and funds transfer loss.
3.21.9.4 In the event that the Network Security and Privacy Liability insurance
required by this Contract is written on a claims-made basis,
Contractor warrants that any retroactive date under the policy shall
precede the effective date of this Contract and, either continuous
coverage will be maintained, or an extended discovery period will be
exercised for a period of two (2) years beginning at the time work
under this Contract is completed.
3.21.9.5 The policy shall be endorsed, as required by this written agreement,
to include the State of Arizona, and its departments, agencies,
boards, commissions, universities, officers, officials, agents, and
employees as additional insureds with respect to vicarious liability of
the insured arising out of the activities performed by or on behalf of
the Contractor.
3.21.9.6 Policy shall contain a waiver of subrogation endorsement, as required
by this written agreement, in favor of the State of Arizona, and its
departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees for losses arising from work
performed by or on behalf of the Contractor.
3.21.10

Pollution Legal Liability
Page 144

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

3.21.10.1 Each Occurrence
3.21.10.2 Annual Aggregate

$2,000,000
$4,000,000

3.21.10.3 Coverage must be identified as specific to the operations and specific
site(s) described in the Scope of Services in this Contract.
3.21.10.4 Coverage must include cleanup and 3rd party bodily injury/property
damage off-site as well as on-site.
3.21.10.5 Coverage must include cleanup of asbestos and lead based paint in
soil and groundwater, as well as coverage for 3rd party bodily injury
and property damage.
3.21.10.6 Coverage must include mold and legionella within the definition of a
pollution condition.
3.21.10.7 Pollution coverage must apply to all locations utilized for the
acceptance, storage, or disposal of any hazardous materials.
3.21.10.8 The policy shall include coverage for bodily injury, sickness,
disease, mental anguish, or shock sustained by any person, including
death and medical monitoring costs.
3.21.10.9 The policy shall include coverage for property damage including
physical damage to, or destruction of, tangible property and the
resulting loss of use thereof; clean-up costs and the loss of use of
tangible property that has not been physically damaged or destroyed.
3.21.10.10 For losses that arise from the facility, coverage shall apply to
sudden and non-sudden pollution conditions including the
discharge, dispersal, release or escape of smoke, vapors, soot,
fumes, acids, alkalis, toxic chemicals, liquids or gases, waste
materials or other irritants, contaminants or pollutants into or upon
land, the atmosphere or any watercourse or body of water, which
results in cleanup costs, bodily injury or property damage.
3.21.10.11 The policy shall include coverage for defense, including costs,
charges and expenses incurred in the investigation, adjustment or
defense of claims for such compensatory damages.
3.21.10.12 If underground or above ground storage tanks are used on the
property then the following language should be included in the
insurance requirements.
3.21.10.13 Underground Storage Tanks will need to be scheduled on the
policy; Aboveground Storage Tanks shall not be excluded.
Page 145

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

3.21.10.14 If the Lessee transports goods or materials to or from the State
Property then the following language should be included in the
insurance requirements.
3.21.10.15 Coverage should also include cleanup and 3rd party bodily
injury/property damage resulting from transportation of cargo
(including loading & unloading) if the lessee transports goods or
materials to or from State Property.
3.21.11

Contractors Pollution Liability
3.21.11.1 For losses caused by pollution conditions that arise from the
operations of the Contractor as described in the Scope of Services
section of this Contract. The policy shall also include the following
coverages; Bodily injury, sickness, disease, mental anguish, or
shock sustained by any person, including death and medical
monitoring costs. Property damage, including physical injury to or
destruction of tangible property, including the resulting loss of use
thereof, clean-up costs, and the loss of use of tangible property that
has not been physically injured or destroyed and diminution in
value.
3.21.11.2 Per Occurrence
3.21.11.3 General Aggregate

$2,000,000
$4,000,000

3.21.11.4 Coverage must be identified specific to the operations as described
in the Scope of Services in this Contract.
3.21.11.5 Must include coverage for pollution losses arising out of completed
operations.
3.21.11.6 The policy is to be written on an “occurrence” basis with no sunset
clause. In the event that the Pollution Liability insurance required
by this Contract is written on a claims-made basis, Contractor
warrants that any retroactive date under the policy shall precede the
effective date of this Contract. That either continuous coverage will
be maintained, or an extended discovery period will be exercised,
for a period of ten (10) years beginning at the time this Contract is
terminated.
3.21.11.7 Pollution coverage must apply to all phases of the work described in
the Scope of Services in this Contract.
3.21.11.8 The policy shall include coverage for bodily injury, sickness,
disease, mental anguish, or shock sustained by any person,
including death and medical monitoring costs.
Page 146

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

3.21.11.9 The policy shall include coverage for property damage, and
physical damage to, or destruction of, tangible property including
the resulting loss of use thereof, clean-up costs, and the loss of use
of tangible property that has not been physically damaged or
destroyed including diminution in value.
3.21.11.10 The policy shall include coverage for environmental damage
including physical damage to soil, surface water, ground water,
plant, or animal life, caused by pollution conditions and giving rise
to cleanup costs.
3.21.11.11 The policy shall include defense including costs, charges and
expenses incurred in the investigation, adjustment or defense of
claims for such compensatory damages.
3.21.11.12 The policy shall include coverage for asbestos and lead, mold, with
no exclusions.
3.21.11.13 The policy shall include Non-Owned Disposal Site coverage.
3.21.11.14 The policy shall be endorsed, as required by this written agreement,
to include the State of Arizona, and its departments, agencies,
boards, commissions, universities, officers, officials, agents, and
employees as additional insureds with respect to liability arising out
of the activities performed by or on behalf of the Contractor.
3.21.11.15 The policy shall contain a waiver of subrogation endorsement, as
required by this written agreement, in favor of the State of Arizona,
and its departments, agencies, boards, commissions, universities,
officers, officials, agents, and employees for losses arising from
work performed by the Contractor.
The following is only applicable to Contractor’s treating, storing or
disposing of State generated Hazardous Waste at a separate facility.
3.21.11.16 Treatment, Storage or Disposal of Hazardous Wastes: Contractor
shall furnish an insurance certificate from the designated disposal
facility establishing that the facility operator maintains current
Pollution Legal Liability Insurance in the amount of not less than
$10,000,000 per occurrence / annual aggregate, and will cover
sudden and gradual pollution losses arising from the facility,
associated with work performed under this agreement.
3.21.11.17 For pollution losses arising from the insured facility, coverage shall
apply to sudden and gradual pollution conditions including the
discharge, dispersal, release or escape of smoke, vapors, soot,
Page 147

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

fumes, acids, alkalis, toxic chemicals, liquids or gases, waste
materials or other irritants, contaminants or pollutants into or upon
land, the atmosphere or any watercourse or body of water, which
results in Bodily Injury or Property Damage.
3.21.12

ADDITIONAL INSURANCE REQUIREMENTS:
The policies shall include, or be endorsed to include, as required by this written
agreement, the following provisions:
3.21.12.1 The Contractor’s policies, as applicable, shall stipulate that the
insurance afforded the Contractor shall be primary insurance and
that any insurance carried by the Department, its agents, officials,
employees or the State of Arizona shall be excess and not
contributory insurance, as provided by A.R.S. § 41-621 (E).
3.21.12.2 Insurance provided by the Contractor shall not limit the
Contractor’s liability assumed under the indemnification provisions
of this Contract.

3.21.13

NOTICE OF CANCELLATION: Applicable to all insurance policies
required within the Insurance Requirements of this Contract, Contractor’s
insurance shall not be permitted to expire, be suspended, be canceled, or be
materially changed for any reason without thirty (30) days prior written notice
to the State of Arizona. Within two (2) business days of receipt, Contractor
must provide notice to the State of Arizona if they receive notice of a policy
that has been or will be suspended, canceled, materially changed for any
reason, has expired, or will be expiring. Such notice shall be sent directly to the
Department, and shall be mailed, emailed, hand delivered, or sent by facsimile
transmission to David Brackney, Arizona Department of Corrections,
Rehabilitation & Reentry, 1645 West Jefferson Street, M/C 55303,
Phoenix, AZ 85007, Email: dbrackney@azadc.gov, Fax No. 602-364-3790.

3.21.14

ACCEPTABILITY OF INSURERS: Contractors insurance shall be placed
with companies licensed in the State of Arizona or hold approved non-admitted
status on the Arizona Department of Insurance List of Qualified Unauthorized
Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The
State of Arizona in no way warrants that the above-required minimum insurer
rating is sufficient to protect the Contractor from potential insurer insolvency.

3.21.15

VERIFICATION OF COVERAGE: The successful Offeror shall furnish the
Certificate(s) of Insurance (valid ACORD form or equivalent approved by the
State of Arizona) and endorsements as required by this contract within five (5)
business days after receipt of written notice of intent to award this contract. An
authorized representative of the insurer shall sign the certificates.
3.21.15.1 All certificates of insurance and policy endorsements must be
received by the State before work commences. Each insurance
Page 148

REQUEST FOR PROPOSALS

State of Arizona
Department of Corrections, Rehabilitation & Reentry
1645 W. Jefferson St.
Phoenix, AZ 85007

Solicitation No.: BPM003512 / ADCRR Ref: 21-109-26
Description: 2,706 Medium and Close Custody Contract Beds

policy required by this Contract must be in effect at, or prior to,
commencement of work under this Contract. Failure to maintain the
insurance policies as required by this Contract, or to provide
evidence of renewal, is a material breach of contract.
3.21.15.2 All certificates required by this Contract shall be sent directly to the
Department. The State of Arizona project/contract number and
project description shall be noted on the certificate of insurance.
The State of Arizona reserves the right to require complete copies
of all insurance policies required by this Contract at any time.
3.21.16

SUBCONTRACTORS: Contractors’ certificate(s) shall include all
subcontractors as insured’s under its policies or Contractor shall be responsible
for ensuring and/or verifying that all subcontractors have valid and collectable
insurance as evidenced by the certificates of insurance and endorsements for
each subcontractor. All coverage’s for subcontractors shall be subject to the
minimum insurance requirements identified above. The Department reserves
the right to require, at any time throughout the life of the Contract, proof from
the Contractor that its subcontractors have the required coverage.

3.21.17

APPROVAL AND MODIFICATIONS: The Contracting Agency, in
consultation with State Risk, reserves the right to review or make
modifications to the insurance limits, required coverages, or endorsements
throughout the life of this contract, as deemed necessary. Such action will not
require a formal Contract amendment but may be made by administrative
action.

3.21.18

EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a
public entity, then the Insurance Requirements shall not apply. Such public
entity shall provide a certificate of self-insurance. If the contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or
university, none of the above shall apply.

Page 149

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

ATTACHMENT 1– Tab 1

Offer and Acceptance
SOLICITATION NO.

BPM003512
ADCRR Ref: 21-109-26

Arizona Department of Corrections
Rehabilitation & Reentry
Procurement Services
1645 W. Jefferson, MC 55302
Phoenix, Arizona 85007

TO THE STATE OF ARIZONA:
The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions,
specifications and amendments in the Solicitation and any written exceptions in the offer. Signature also certifies Small Business status.

City

Company Name

Signature of Person Authorized to Sign Offer

Address

Printed Name

State

Zip

Title
Phone
Fax

Contact Email Address
By signature in the Offer section above, the Offeror certifies:
a) The submission of the Offer did not involve collusion or other anticompetitive practices.
b) The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order
11246, State Executive Order 2009-09 or A.R.S. § 41-1461 through 1465.
c) The Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment,
gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to
provide a valid signature affirming the stipulations required by this clause shall result in rejection of the offer. Signing the offer with
a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law.
d) The Offeror certifies that the above referenced organization ____ IS ____ IS NOT a small business with less than 100 employees or
has gross revenues of $4 million or less.

ACCEPTANCE OF OFFER
The Offer is hereby accepted.
The Contractor is now bound to sell materials or services listed by the attached contract and based upon the solicitation, including all
terms, conditions, specifications, amendments etc., and the Contractor’s Offer as accepted by the State.
This Contract shall henceforth be referred to as Contract No. ______________________________.
The effective date of the Contract is _________________________________________________.
The Contractor is cautioned not to commence any billable work or to provide any material or service under this contract until Contractor
receives purchase order, contact release document or written notice to proceed.

State of Arizona Award this

day of

Denel M. Pickering, Chief Procurement Officer

Page 150

20

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26 ATTACHMENT 2 – Tab 3

DEVIATIONS AND EXCEPTIONS FORM
Offerors shall indicate any and all exceptions taken to the provisions or specification in this solicitation document. Unallowable or
questionable deviations and exceptions may cause your offer to be non-responsive. Deviations and exceptions noted elsewhere in your
offer, and not specified on this form, will be considered void and not part of your offer.
Exceptions (Check One):
No exceptions. The Undersigned hereby acknowledges that there are no deviations/exceptions to this solicitation.
Exceptions are taken.
Describe exceptions taken (attach additional pages if needed):

Company Name: _____________________________________________________
Signature of
Authorized Signer: ___________________________________________________
Printed Name:

____________________________________________________

Title:

____________________________________________________

Page 151

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

ATTACHMENT 3– Tab 4

Designation of Confidential, Trade Secret & Proprietary Information
All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records
request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that is proprietary or a trade secret, a
process is set out in A.A.C. R2-7-103 (see below) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of
this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52).
This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination as to
whether any of the materials submitted as part of the solicitation response should be designated confidential because the material is proprietary or a trade secret and
therefore not subject to disclosure.

All Offerors must select one of the following:
My response does not contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with
A.A.C. R2-7-C317.
My response does contain trade secret information because it contains information that:
1.
2.
3.

Is a formula, pattern, compilation, program, device, method, technique or process, AND
Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means
by, other persons who can obtain economic value from its disclosure or use; AND
Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.

Please note that failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All
information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. The
State reserves the right to make its own determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7103.
Yes, I have attached an explanation.
No, I have not attached an explanation
If the State agrees with the proposer’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and
support the defense of the determination with all interested parties, including legal counsel or other necessary assistance.
By submitting this response, proposer agrees that the entire offer, including confidential, trade secret and proprietary information may be shared with an evaluation
committee and technical advisors during the evaluation process. Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims
or causes of action relating to the State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney
fees incurred by the State in defending such an action.

R2-7-103. Confidential Information
A.

If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the
submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential".
Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B.

Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under
subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C.

Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:
1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by
the agency chief procurement officer to have a legitimate state interest;
2. The designated information is not confidential; or
3. Additional information is required before a final confidentiality determination can be made.

D.

If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing.
The notice shall include a time period for requesting a review of the determination by the state procurement administrator.

E.

An agency chief procurement officer may release information designated as confidential under subsection (A) if:
1. A request for review is not received by the state procurement administrator within the time period specified in the notice; or
2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

___________________________________________________________________
Company Name

Address

City

_______________________________________________________
Signature of Person Authorized to Sign

Printed Name

State

Zip

Title

Page 152

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26 ATTACHMENT 4 – Tab 9
ADDITIONAL MATERIALS FORM
Additional or Supplementary Materials (Check One):
No Additional materials have been included with this offer.
Additional materials are included.
Describe – attach additional pages if needed:

Page 153

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26 ATTACHMENT 5 – Tab 13
ADMINISTRATIVE INFORMATION
Instructions: Complete each question in the space provided, or by supplemental sheet identifying alpha
letter and question asked. If the proposal is computerized, ensure format and content are replicated.
A. Type of Business Organization (Check one only):

B.

 Corporation for Profit

 Non-profit Corporation

 Partnership

 Joint Venture

 Other (Explain Below)

In the absence of the authorized signatory named on the Offer and Acceptance form, the following
individual is authorized to sign the proposal, Contract and any amendment(s):
Name:
Title:

C.

Name of entity to whom warrants shall be made payable for services rendered, if Contract award is
made:
Name:
Title:
Address where warrants shall be sent:
Street/P.O. Box:
City:

State:

Zip: _____________

D.

When was Offeror’s business or organization formed?

E.

Does Offeror have a sponsoring or parent organization?  Yes
If yes, please identify:
Name:
Street/P.O. Box:
City:

State:

 No

Zip:

If yes, please include a parent organizational chart identifying where Offeror’s business
organization is positioned.
F.

Has Offeror ever been debarred, suspended or otherwise lawfully precluded from participating in
any public procurement activity with any Federal, State or Local Government?
 Yes  No

G.

Are there any legal judgments, claims, lawsuits pending against Offeror’s business, agency or
organization?
 Yes  No. If yes, explain on separate sheet.
Page 154

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26 ATTACHMENT 5 – Tab 13
H.

Are any employees in Offeror’s TOTAL business organization (including subcontractors)
employees of the State of Arizona?
 Yes  No. If yes, please use a supplemental sheet to identify each employee by name
and the employing State agency. (For each individual listed, indicate whether the individual is
the Offeror's or a subcontractor's employee.)

I.

Identify a contact person for administrative purposes, if Contract award is made:
Typed Name:
Title:
Street/P.O. Box:
City:
Telephone No.: (

J.

State:

Zip:
Fax No.: (

)

)

Has the Offeror been found in Default of Contract terms with any contracting entity? If yes,
indicate if a Performance Bond, Payment Bond or other means was used to resolve the Default
issue. Identify any means used other than a Performance Bond. Provide the name and telephone
number of the Surety Company and a contact person for the Surety Company.
Typed Name:
Title:
Street/P.O. Box:
City:
Telephone No.: (

State:

Zip: _____________
Fax No.: (
)

)

Provide an explanation regarding the circumstances that created the need for the contracting entity
to invoke the terms of the Performance Bond and Payment Bond, or other means, to include the
current status of the matter.
Has the Offeror had a Contract canceled prior to execution or terminated subsequent to execution?
If yes, explain reasons for cancellation/termination.

Page 155

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

ATTACHMENT 6 – Tab 7

IDENTIFICATION OF SUBCONTRACTORS
(Duplicate as necessary)

Offeror:

Business Name:
Address:
Telephone No. and Email Address:
Type of Service:
Contact Person:

Business Name:
Address:
Telephone No. and Email Address:
Type of Service:
Contact Person:

Business Name:
Address:
Telephone No. and Email Address:
Type of Service:
Contact Person:

Page 156

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

ATTACHMENT 6 – Tab 7

SUBCONTRACTOR’S CERTIFICATION
(Duplicate as necessary)
This Certification must form a part of any subcontract for professional services that the primary
contractor enters into. This Certification, along with all requested information/documentation,
shall be placed after the final page of the subcontract document.
Business Name of Subcontractor:
Business Address:
Telephone Numbers
Business:
Alternate Business:
Fax:
E-mail Address:
Service to be Provided:
Subcontractor’s Contact Person:

Name:
Title:

Subcontractor’s Business Structure (Check as Appropriate):
Contract Enterprise
Public/Governmental
For Profit
Non-Profit

Other*

Small Business. If applicable, please check the appropriate selection below that applied to
your Business/Organization:
-Owned Business (SWO)
-Owned (SMO)

-Owned Business (SWMO)

Employer I.D. Number or Social Security Number, if an individual:
Employer I.D. Number:
Social Security Number:
*If “Other” has been checked, explain business structure on supplemental sheet using business
letterhead and attach to the end of this Certification.
1. The Subcontractor has read the 2,706 Medium and Close Custody Contract Beds
Request for Proposal, applicable Department Written Instructions, and the Contractor’s
proposal, as each document pertains to the service to be subcontracted. The
Subcontractor agrees to comply with all requirements to include all security
requirements relative to access to the Contract Facility and completion of employment
and criminal history checks for each employee, agent or representative of the
Subcontractor who will require such access.
2. The Subcontractor certifies that competent resources are available within his/her
business organization to provide all services required under the terms of the subcontract.
The Subcontractor shall not enter into any third-tier (tertiary) subcontracts for the
provision of its services to Contractor.

Page 157

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

ATTACHMENT 6 – Tab 7

3. The Subcontractor has provided Certificates of Insurance (standard ACORD form) that
reflect existing insurance coverage’s. Place the ACORD form(s) after the signed
Suspension or Debarment Status form.
a. The ACORD form(s) shall indicate existing coverage’s for comprehensive general
liability, business automobile liability, and, if applicable to the provided service,
professional liability. If the Subcontractor must leave personal business property at the
Contract Facility, the ACORD form shall reflect personal property insurance with limits
commensurate with cost of replacement.
b. Verification of workers’ compensation coverage shall be provided on forms used by the
carrier.
4. After Department approval of the subcontract is obtained, the Subcontractor
acknowledges and agrees to the following:
a. The State of Arizona and the Arizona Department of Corrections, Rehabilitation &
Reentry shall be named additional insured on applicable policies as directed by the
Department. The Department shall be identified as a Certificate Holder on all policies.
b. The Department, in conjunction with the Arizona Department of Administration, Risk
Management Unit, may require the Subcontractor to adjust the business organization’s
existing insurance plan if limits of liability are inadequate for the type of service to be
provided.
5. The Subcontractor is requested to provide the names of contracting entities who have
received services from the Subcontractor within the last five years. This information
shall indicate the type of service provided to each contracting entity, and the name and
telephone number of a contact person for each contractor who has firsthand knowledge
regarding the quality of services provided by the Subcontractor. This information will
be attached to this Certification after the insurance documentation.

The Subcontractor has read this Certification and agrees to all stated requirements. Requested
information/documentation has been provided either directly on the form where indicated, or by separate
sheets stapled to this Certification as directed above. All provided information shall be typewritten. The
person signing this Certification is an authorized signatory of the Subcontractor.

Signature of Subcontractor, or Authorized Agent*

Typed Name

Typed Title
*If an authorized agent signs on behalf of the Subcontractor, documentation must be provided that clearly
shows such authority.

Page 158

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26 ATTACHMENT 7 – Tab 8
REFERENCES
(Please duplicate this form)
Based on the services provided to your organization by this Contractor, please provide a response below:
Contractor (Entity) Name: ______________________________________________________ .
a)

Please provide the Contract Number(s) and term of the Contract(s) (active or inactive) held by this
Contractor.
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
b) Please provide a brief but detailed description of the scope of services for the above referenced
Contract(s) including the type, size and security level of the populations served.
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
c)

Please describe the implementation process for the above referenced Contract(s). Were
implementation timelines met? _____Yes _____No. If No, please explain below:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
d) Did the Contractor meet the requirements of the Contract(s) identified above? _____Yes ____No.
If No, please explain below:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
Did the Contractor’s ability to provide the requested quality of products and services of the
Contract(s) identified meet the contractual requirements? _____Yes _____No. If No, please
explain below:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
e)

Did the Contractor’s experience and qualifications of staff for the Contract(s) identified meet the
contract requirements? _____Yes _____ No. If No, please explain below:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
f)

Page 159

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26 ATTACHMENT 7 – Tab 8
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
g) Were there any deficiencies or monetary sanctions applied during the term of this contract? _____
Yes _____ No. If Yes, please explain below:
a.

Date of deficiency reported and the Ramification and/or Sanctions applied to each of
deficiencies noted.
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
Did the Contractor’s ability to resolve any and all deficiencies during the term of this
contract meet your company’s satisfaction? _____Yes _____No. If No, please explain
below:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
b.

Contact Information for Clarifications:

Person Completing the Form:

__________________________________
Name

__________________________________
Name (please print)

__________________________________

__________________________________

Entity
__________________________________
Phone Number
__________________________________
Email Address

Title
__________________________________
Date

Page 160

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26 ATTACHMENT 8 – Tab 10
OCCURRENCE SAMPLE/TEMPLATE
Use This Format For
Homicides; Escapes; Assaults On Staff; Assaults On Inmates; Major Disturbances; Minor Disturbances; Suicides; Staff Sexual Misconduct With An Inmate Resulting
In Discipline; and Staff Misconduct Resulting In Termination
PRISON/
HOMICIDES for the Offeror’s last ten years of operation (2011 through 2021)*
FACILITY
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
NA
2
0
0
3
1
0
2
2
NA
NA
Town
Occurrence No.
NA
1,004
994
1,010
1,009
1,000
999
1,005
1,013
NA
NA
USA
ADP
Prison
NA
1.99
NA
NA
Occurrence No.
Facility
ADP x 1,000**
City, USA
Prison

ABC
Prison

XYZ
Detention
Center

Occurrence No.
ADP

1
400

Occurrence No.
ADP x 1,000**
Occurrence No.
ADP
Occurrence No.
ADP x 1,000**
Occurrence No.
ADP

2.5

Occurrence No.
ADP x 1,000**

0
410

0
404

0
399

1
411

0
408

0
382

0
397

0
316

NA
NA

NA
NA

NA

NA

2

0

0

1

0

0

0

1

0`

1

1

737
2.71

750

743

744

759

746

758

750

752

754

753

NA

NA

1

0

2

4

1

3

0

0

1

NA

NA

2,370

2,501

2,599

2,643

2,803

2,844

2,799

2,937

2,865

NA

NA

0.42

*Occurrence data is required for the Offeror’s last ten (10) years of operation. In this example, the Offeror is still operating, so the last ten years of operation are 2011
through 2021 year to date. In this example:
 Town USA Prison Facility only operated for eight years between 2012 and 2019, so the years of operation are 2012 through 2019.
 City USA Prison operated from 1997 through December 2019, so the years of operation are 2011 through 2019.
 ABC Prison has operated continuously since 1992, so the years of operation are 2011 through 2021.
 XYZ Detention Center has operated since March 2013, so the years of operation are 2013 through 2021.
**Only the first year was calculated for each example facility in this sample/template, but an Offeror MUST calculate and submit for ALL occurrences, years, facilities.

Page 161

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26 ATTACHMENT 8 – Tab 10

Use This Format For
Annual Employee Turnover Percentage Rate; Annual Employee Vacancy Percentage Rate For Correctional Series Staff; Annual Employee Vacancy Percentage Rate
For Program Staff; and Annual Employee Vacancy Percentage Rate For Medical And Mental Health Staff
PRISON/
ANNUAL EMPLOYEE TURNOVER RATE for the Offeror’s last ten years of operation (2011 through 2021)*
FACILITY
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
NA
9.92
11.66
11.37
10.04
11.12
11.70
10.54
9.99
NA
NA
Town
Percentage Rate
USA
Prison
Facility
12.90
12.86
12.04
12.66
12.37
12.24
12.66
12.37
12.24
NA
NA
City USA
Percentage Rate
Prison
11.39
11.61
11.38
10.94
11.39
11.61
11.38
10.94
11.38
10.94
11.39
ABC
Percentage Rate
Prison
NA
NA
7.82
8.66
9.31
9.04
8.26
9.32
9.01
9.31
9.04
XYZ
Percentage Rate
Detention
Center

*Occurrence data is required for the Offeror’s last ten (10) years of operation. In this example, the Offeror is still operating, so the last ten years of operation are 2011
through 2021 year to date. In this example:
 Town USA Prison Facility only operated for eight years between 2012 and 2019, so the years of operation are 2012 through 2019.
 City USA Prison operated from 1997 through December 2019, so the years of operation are 2011 through 2019.
 ABC Prison has operated continuously since 1992, so the years of operation are 2011 through 2021.
 XYZ Detention Center has operated since March 2013, so the years of operation are 2013 through 2021.

Page 162

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

ATTACHMENT 9 – Tab 5

FEE SCHEDULE
Offerors are required to provide a per diem rate per inmate that will cover provision of ALL services requested as it pertains to the entire
inmate population. The identified rate must include amortized costs as identified and requested herein. A separate Fee Schedule, Per Diem
Rate Schedule and Budget Narrative shall be provided.
Type the per diem rate in the space provided below. Each expense item’s relative daily cost, per inmate, per day, must be within the proposed
per diem rate. If an expense item on the Fee Schedule is not applicable, put N/A in the space provided under “Relative Daily Cost” and
explain the reason why it is not applicable. All expenses must be identified within the structure of this Fee Schedule. Complete the Budget
Narrative sheets for EACH expense item to provide supporting detail. The Budget Narrative sheets follow the Fee Schedule.
If proposing multiple sites or offers, Offeror shall submit the per diem rate for each site or offer.

$

Per Diem Per Bed Up to XXXX beds

Number of Beds ___________________________

OPTIONAL PROPOSAL:
$

Per Diem Per Bed for up to an additional XXXX beds

Number of Beds ___________________________
Note: If optional proposal is being submitted, complete an additional Attachment No. 9 and Attachment No. 10 for each option proposed.

Page 163

ATTACHMENT 9 – Tab 5

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26
Fee Schedule
Breakdown of relative daily costs included in the per diem rate:
No.
Title
1
Employee Personal Service
1.1
Wages
1.2
Overtime
2
Employer Related Expenses for Employees
2.1
Uniform Allowance/expense
2.2
FICA
2.3
Workers’ Compensation and Employers Liability
2.4
Medical and Dental Insurance
2.5
Employee Benefits
2.6
Other (Specify)
3
Inmate Related Professional and Outside Services
3.1
Medical and Hospital
3.2
Preventive Maintenance
Education – Career and Technical Education
3.3
(CTE)
3.4
Education - Literacy
3.5
Education - GED
3.6
Recreation
3.7
Religious Services
3.8
Substance Abuse
3.9
Mental Health
3.10
Other (Specify)
4
Inmate Related Food Costs
4.1
Food and Labor
5
Operating Expenses
5.1
Depreciation Expense - Equipment
5.2
Postage
5.3
Telecommunications
5.4
Operating Supplies
Repair/Maintenance (equipment, building,
5.5
vehicles, etc.)

Relative Daily Cost

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Page 164

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

6

7
8
9
10

11
12
13
14

5.6
Utilities & Related Expenditures
5.7
Education/Training, etc.
5.8
Interest Expense
5.9
Travel
5.10
Inmate Clothing
5.11
Other (Specify)
Insurance
6.1
Commercial General Liability
6.2
Business Automobile Liability
6.3
Umbrella Liability
6.4
Professional Liability
Land
Buildings
Improvements Other Than Buildings, i.e., easement (Specify)
Machinery and Equipment, if applicable.
10.1
Data Processing Equipment
10.2
Software
10.3
Motorized Vehicles
10.4
Other Machinery & Equipment
Other Capital Outlay
General and Administrative Fee
Overhead Fee. Define and list all components included in fee
Performance and Payment Bond Fee

$
$
$
$
$
$
$
$
$

$
$
$
$

TOTAL PER DIEM PER BED

Page 165

ATTACHMENT 9 – Tab 5

ATTACHMENT 10 – Tab 6

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

Instructions: On the following pages, Offerors are to provide written narratives for each cost item on the Fee Schedule. Calculations provided via the
Budget Narrative shall ultimately breakdown to the total daily costs shown on the Fee Schedule. Offerors may computerize the Budget Narrative forms,
however, format and content must remain unchanged. Be descriptive and provide the Department with enough detail to explain how the cost of the
expense category was calculated.
BUDGET NARRATIVE

Position Title
1.0

FTE

Base

Employee Personal Services
1.1

Wages

Page 166

Shift Differential

Total Payroll

ATTACHMENT 10 – Tab 6

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26
Position Title
1.0

FTE

Base

Employee Personal Services (Con’t)
1.2

Overtime

Page 167

Shift Differential

Total Payroll

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26 ATTACHMENT 10 – Tab 6
2.0

3.0

Employer Related Expenses For Employees
2.1

Uniform Allowance/Expense

2.2

FICA

2.3

Workers’ Compensation and Employers Liability

2.4

Medical and Dental Insurance

2.5

Employee Benefits

2.6

Other (Specify)

Inmate Related Professional and Outside Services
3.1

Medical and Hospital

3.2

Preventative Maintenance

3.3

Education – Career and Technical Education (CTE)

3.4

Education - Literacy

3.5

Education - GED

3.6

Recreation

Page 168

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26 ATTACHMENT 10 – Tab 6
3.0

4.0

Inmate Related Professional and Outside Services (Con’t)
3.7

Religious Services

3.8

Substance Abuse

3.9

Mental Health

3.10

Other (Specify)

Inmate Related Food Costs
4.1

5.0

Food and Labor

Operating Expenses
5.1

Depreciation - Equipment

5.2

Postage

5.3

Telecommunications

5.4

Operating Supplies

5.5

Repair/Maintenance (Equipment, Building, Vehicles, etc.)

5.6

Utilities and Related Expenditures

Page 169

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26 ATTACHMENT 10 – Tab 6
5.0

6.0

Operating Expenses (Con’t)
5.7

Employee Education and Training, etc.

5.8

Interest Expense

5.9

Travel

5.10

Inmate Clothing

5.11

Other (Specify)

Insurance
6.1

Commercial General Liability

6.2

Business Automobile Liability

6.3

Umbrella Liability

6.4

Professional Liability

7.0

Land

8.0

Buildings

Page 170

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26 ATTACHMENT 10 – Tab 6
9.0

Improvements Other Than Buildings, i.e., easement (Specify)

10.0

Machinery and Equipment
10.1

Data Processing Equipment

10.2

Software

10.3

Motorized Vehicles

10.4

Other Machinery and Equipment (Specify)

11.0

Other Capital Outlay

12.0

General and Administrative Fee

13.0

Overhead Fee. Define and List all Components Included in Fee.

14.0

Performance and Payment Bond Fee

Page 171

SOLICITATION NO. BPM003512 ADCRR Ref: 21-109-26 ATTACHMENT 11 – Tab 11
GENERAL STAFFING PATTERN
POSITION/POST
DIVISION:

SHIFT
1

SHIFT
2

SHIFT
3

RELIEF
FACTOR*

SHIFT
1

SHIFT
2

SHIFT
3

RELIEF
FACTOR

TOTAL

ADMINISTRATION

DIVISION: CORRECTIONAL PROGRAMS
POSITION/POST
DIVISION: FOOD SERVICE

Page 172

TOTAL

SOLICITATION NO. BPM003512 ADCRR Ref: 21-109-26 ATTACHMENT 11 – Tab 11

POSITION/POST

SHIFT
1

SHIFT
2

SHIFT
3

RELIEF
FACTOR*

SUMMARY
DIVISION

SHIFT 1

TOTAL STAFFING

Page 173

SHIFT 2

SHIFT 3

TOTAL*

TOTAL

SOLICITATION NO. BPM003512 ADCRR Ref: 21-109-26 ATTACHMENT 12 – TAB 12
POSITION DESCRIPTION
Name of Offeror:

Position Name: __________________



Check the box if this is a security position.



Check the box if this is a position performing case management services.



Check the box if this is a position responsible for entry of inmate information into the
Arizona Correctional Information System (ACIS)

WORK DESCRIPTION - In general terms, what will the work assignment be for an employee working
in this position?

WORK PRODUCTS - What will result from the work performance?

RESPONSIBILITY/AUTHORITY - What will the employee be held responsible for? What
kinds/types of decisions will the employee be authorized to make. What decision will require
clearance from the supervisor?

SKILLS/KNOWLEDGE - What will an employee be required to know to perform satisfactorily?

WORK ACTIVITIES - What will the employee actually be doing?

MINIMUM QUALIFICATIONS

To whom will any employee in this position report?

Page 174

SOLICITATION NO. BPM003512 ADCRR Ref: 21-109-26

EXHIBIT 1
DATE(MM/DD/YYYY)

CERTIFICATE OF INSURANCE **SAMPLE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AFFIRMATIVELY OR NEGGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THE CERTIFICATE OF INSURANCE DOES
NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUNING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer
rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER
NAME:
PHONE
FAX
(A/C. No. Ext):
(A/C. No):
E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:

COVERAGES

CERTIFICATE NUMBER:

REVISION NUMBER:

THIS IS TO CERTIFY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIRMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS
OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INNR
LTR

TYPE OF INSURANCE
COMMERCIAL GENERAL LIABILTY
CLAMES-MADE

ADDL
INSD

SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

OCCUR

GEN’L AGGREGATE LIMIT APPLIES PER
POLICY

PROJECT

LIMITS
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS-COMP/OP AGG

$
$
$
$
$
$

LOC
$

OTHER:
AUTOMOBILITY LIABILITY

COMBINED SINGLE LIMIT
(Ea accident)

$

BODILY INJURY (Per Person)

$

BODILY INJURY (Per accident)

$

PROPERTY DAMAGE
(Per accident)

$

ANY AUTO:
ALL OWNED
AUTOS

SCHEDULED
AUTOS

HIRED
AUTOS

NON-OWNED
AUTOD

$
UMBRELLA LIAB

OCCUR

EXCESS LIAB

CLAIMS-MADE

EACH OCCURRENCE

$

AGGREGATE

$
$

DED
RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS’ LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
Y/N
(Mandatory in NH)

PER
STATUTE
E.L. EACH ACCIDENT

Is yes, describe under
DESCRIPTION OF OPERATIONS below

OTHER
$

E.L. DISEASE – EA EMPLOYEE

$

E.L. DISEASE – POLICY LIMIT

$

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Additional Remarks Schedule may be attached if more space is required)

Reference Contract No.____________.

CERTIFICATE HOLDER
Arizona Department of Corrections, Rehabilitation & Reentry
ATTENTION: Procurement Services
1645 W. Jefferson Street
Mail Code 55302
Phoenix, Arizona 85007

CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH
THE POLICY PROVISION
AUTHORIZED REPRESENTATIVE

REVISE (2014/01)

Page 175

SOLICITATION NO. BPM003512 ADCRR Ref: 21-109-26

EXHIBIT 2

TYPES OF DEPARTMENT WRITTEN INSTRUCTIONS
Written Instructions are the primary methods for management to communicate its philosophy, mission and
expectations to employees, inmates and the public.
1.

Department Orders
https://corrections.az.gov/reports-documents/adc-policies/department-orders-index
The highest level of written instruction within the Department issued under the Director’s signature
and uniformly numbered and formatted. These written instructions cross organizational lines to
guide the administration and operation of the Department.

2.

Director’s Instructions
https://corrections.az.gov/reports-documents/adc-policies/directors-instructions-list
A temporary written instruction issued in memo form and signed by the Director. Director’s
Instructions are issued to provide immediate instructions in critical/urgent situations, when there is
not time to follow the Department Order development process. (Note: at any given time, there may
be no Director’s Instructions in effect.)

3.

Technical Manuals
Written instructions issued by the office of primary responsibility, as authorized, relative to specific
Department Order(s). Technical Manuals are limited to cases in which a written instruction affects
ONLY ONE Division. They typically apply to a limited number of employees in highly specialized
areas, providing a level of detail unnecessary to the majority of employees. Technical Manuals
shall:

4.

3.1

Not place responsibility or requirements on any other Division.

3.2

Be specifically required by the Department Order.

3.3

Be consistent with the Department Order.

3.4

Be uniformly formatted for each Division.

3.5

Reflect the subject of the authorizing Department Order.

3.6

Be numbered consistent with the Department Order. Divisions may add alpha-numeric
designations to the end of the number to facilitate identification, access and retrieval.

Institution Orders
Written instructions issued under a Warden’s signature to address issues/practices unique to the
institution. (Note: these are uncommon.)

5.

Post Orders
Written instructions signed by a Warden or Deputy Warden that provide a detailed description of all
responsibilities, duties and functions of a particular post/work assignment, to include specific
procedures for carrying out activities. Post Orders shall:
5.1

Be consistent with all higher level instructions.

5.2

Be written for all identified posts.

5.3

Be consistently numbered and titled from institution to institution, although unit-specific
content will vary to reflect local operations.

Page 176

SOLICITATION NO. BPM003512 ADCRR Ref: 21-109-26

EXHIBIT 3

DEPARTMENT’S TECHNICAL SERVICES TRAINING REQUIREMENTS
The Department is responsible for the following technical training:
Subject

Activity

Time Frames

Health Services
Administrator

The Health Services Administrator shall
participate in training relevant to the provisions
of Department Health Care Delivery.

Prior to activation of
Facility.

Inmate Banking.

All Contractor's staff responsible for inmate
banking activities shall receive training.

Up to 40 hours prior
to
activation
of
Facility.

Inmate Records.

All Contractor's staff responsible for inmate
institutional records activities shall receive
training.

Up to 240 hours prior
to
activation
of
Facility.

Medical Records
Maintenance.

All Contractor's staff responsible for inmate
medical records shall participate in medical
record keeping and maintenance of medical
records training.

Prior to activation of
Facility.

Reporting Formats.

Monthly operational
statistical data.

programming

Prior to activation of
Facility.

Plan Management.

Completion of Correction Officer III (COIII)
Academy Curriculum.

COIII Training, a
minimum
of
40
hours.

Page 177

and

SOLICITATION NO. BPM003512 ADCRR Ref: 21-109-26 EXHIBIT 4
PER DIEM INVOICE
Contract Facility:
Billing Cycle
Period:

From:

/
/
(MM/DD/YY)

To:

/
/
(MM/DD/YY)

Indicate the per diem rate by checking the applicable box below, using a separate invoice per rate:


$

per inmate per day

1.

Actual inmate days for the billing
cycle:
(Supporting Detail must be attached.)

$_________

2.

Number of days in billing cycle:

$_________

3.

Deduction based on Correction Sheet(s)
dated ____________.

$_________
AMOUNT INVOICED:

4.

Deduction based on Offset for
staffing deficiencies.

$_________

5.

Additional payment based on Correction
Sheet(s) dated ____________.

$_________

$__________

TOTAL AMOUNT INVOICED: $__________
The undersigned hereby certifies that this invoice and the supporting detail have been reviewed and represent
an accurate billing for services rendered during the identified billing cycle. The invoice and supporting detail
have been forwarded to the Department Monitor this
day of
20
.
Contract Facility Warden
Signature
The undersigned hereby verifies that the above calculations are correct and that the supporting detail identifies
all inmates assigned to the secure Contract Facility during the identified billing cycle.
The invoice and supporting detail were forwarded via the Contract Beds Bureau to the Prison Operations
Business Office for payment this
day of
20
. Warrants shall be made payable to the
Contract Facility Operator, or Trust Payee, whichever is applicable.
Department Monitor, Arizona Department of Corrections, Rehabilitation & Reentry

Signature

Page 178

SOLICITATION NO. BPM003512 ADCRR Ref: 21-109-26 EXHIBIT 5
SUPPORTING DETAIL FOR PER DIEM INVOICE
(Duplicate as necessary)
Contractor:
Billing Cycle Period:

INMATE NAME

Contract Facility:
From:

/
/
(MM/DD/YY)

INMATE
NO.

DATE
RECEIVED

To:

TIME PERIOD
BILLED
FROM

/
/ __
(MM/DD/YY)

INMATE
DAYS

DEPARTURE
DATE

TO

SUBTOTAL THIS PAGE:
GRAND TOTAL - ACTUAL INMATE DAYS - ALL SUPPORTING DETAIL PAGES: ___________
(TRANSFER GRAND TOTAL TO LINE 1 ON THE MONTHLY INVOICE)

Page 179

SOLICITATION NO. BPM003512 ADCRR Ref: 21-109-26

EXHIBIT 6

CORRECTIONS TO PREVIOUS MONTHLY INVOICE(S)
Contract Facility:

Date: _______________

INSTRUCTIONS: Column A - Fill in the invoice date on which the error(s) was found. Errors that apply to different invoice dates must be listed on separate correction sheets. Column B
- Enter the current per diem rate. Columns C & D -Provide inmate names and numbers. Columns E & F -Correct errors in inmate date received or departed. The Department is not
charged for the day the inmate departs the Contract Facility. Column G - Show both the original error in inmate days and the corrected number. The plus/minus column indicates, as
applicable, the number of extra days paid that will be deducted (-); or if fewer inmate days were charged than the actual number, the (+) sign indicates the number of days to be paid.
Column H - Multiply the days shown under Column G., +/-, by the per diem rate in Column B. Additional money owed by the Department is entered below the "UNDER" column.
Overpayments to be deducted are entered beneath the "OVER" column. The total amount due or deductible is shown in the final row under Column H. Fill in the last column with the code
number explaining the need for each correction. Carry forward the Pay/Deduct figure from Column H to the first page of the invoice for the current billing cycle.

A.
INVOICE
ERROR
DATE

B.
PER
DIEM
RATE

C.
INMATE NAME

D.
INMATE
NO.

E.
DATE
INMATE
REC'D

F.
DATE
INMATE
DEPARTED

ERROR

CODES:

1.
2.
3.

Corrected spelling of inmate's name.
Corrected inmate's Department number.
Corrected payment calculations for identified inmate(s).

Signatories certify that the information on this page(s) is correct:
Contract Facility Warden:

Department Monitor:

Page 180

H.
CORRECTED PAYMENT

G.
NO. OF INMATE DAYS
CORRECT

+ OR -

UNDER

OVER

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

PAY
$

DEDUCT
$

CODE

SOLICITATION NO. BPM003512 ADCRR Ref: 21-109-26

EXHIBIT 7

- NOT USED IN THIS SOLICITATION -

Page 181

SOLICITATION NO. BPM003512

ADCRR Ref: 21-109-26

EXHIBIT 8

INMATE TIME SHEET FOR WORK ACTIVITIES
(Duplicate as necessary)
Contractor: _____________________________________
Contract Facility: _________________________________
Reporting Period: From:

/
/
(MM/DD/YY)

INMATE NAME

To:

/
/ _
(MM/DD/YY)

INMATE NUMBER

WORK
ACTIVITY*

HOURS

RATE OF
PAY

TOTAL PAY

TOTAL THIS PAGE:
TOTAL FROM ALL CONTINUATION PAGES:
GRAND TOTAL:
*WORK ACTIVITY COLUMN:

Type "Prison" to signify inmates earning wages by performing work assignments within the Contract Facility under the Prison Work Program
(WIPP).
Type "Contract" to signify inmates earning wages in the community under multi-party agreements/contracts.

Page 182

SOLICITATION NO. BPM003512 ADCRR Ref: 21-109-26

EXHIBIT 9

NOTICE OF OPTION TO PURCHASE

- NOT REQUIRED FOR THIS SOLICITATION Pursuant to Contract No. 15-183-36 between the Arizona Department of Corrections, Rehabilitation & Reentry (Department) and the
Contract Facility Contractor and/or Owner, this is to serve as notice that the Contract Facility Contractor and/or Owner has granted an
interest to the Department in the property in its entirety as described below:
Location:
Legal Description:
Description of Improvements:

Privatized prison facility with housing units for _______ medium/close security beds for
adult male inmates, which includes the following:


Building(s) and equipment.



Mechanical systems for air conditioning, heating and ventilation systems for the
non-secured, administrative area.



Mechanical systems for heating and ventilation systems with evaporative
cooling system for the secured inmate detention areas.



Parking areas.



Perimeter chain link fencing.

This Notice shall be recorded in Maricopa County, Arizona and the county in which the secure Contract Facility is sited.
(CONTRACT FACILITY CONTRACTOR AND/OR OWNER)
______________________________________________
Signature of Authorized Individual
______________________________________________
Typed Name
______________________________________________
Typed Title

______________________________________________
Address

STATE OF
County of

)
) ss.
)

This instrument was acknowledged before me this
My commission expires:

day of ___________________, 20
_______________________
Notary Public

Page 183

.

SOLICITATION NO. BPM003512 ADCRR Ref: 21-109-26

EXHIBIT 9

ARIZONA DEPARTMENT OF ADMINISTRATION
______________________________________________
Signature of Authorized Individual

Typed Name
Director
Typed Title
100 N. 15th Avenue
Phoenix, Arizona 85007
Address
STATE OF ARIZONA )
)ss.
)

County of Maricopa

This instrument was acknowledged before me this
My commission expires:

day of

, 20

.

_______________________
Notary Public

ARIZONA DEPARTMENT OF CORRECTIONS, REHABILITATION & REENTRY
______________________________________________
Signature of Authorized Individual

Typed Name
Director
Typed Title
1601 West Jefferson, M/C 445
Phoenix, Arizona 85007
Address
STATE OF ARIZONA )
)ss.
)

County of Maricopa

This instrument was acknowledged before me this
My commission expires:

Return to:

day of

, 20

.

_______________________
Notary Public

Arizona Department of Corrections, Rehabilitation & Reentry
Attention: Procurement Services Bureau
1601 West Jefferson Street, M/C 55302
Phoenix, Arizona 85007

STATE OF ARIZONA )
)ss.
)

County of

This instrument was acknowledged before me this
My commission expires:

Return to:

day of

, 20

_______________________
Notary Public

Arizona Department of Corrections, Rehabilitation & Reentry
Attention: Procurement Services Bureau
1601 West Jefferson Street, M/C 55302
Phoenix, Arizona 85007
Page 184

.

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

EXHIBIT 10

REQUIRED REPORTING
Name

Description
Reports shall be submitted in a format
required by the Department.

Frequency
of
Reporting
Period

Customary
Due Date
Monthly due date
is for the month
following the
reporting period

Potential
Monetary Offsets
assessed for each day
past the due date
Formula: Total Inmate
Population (on the report due
date) of Prison Facility x Per
Diem Rate x ___% = Monetary
Offset

Armory Report

Inventory of all weapons and
munitions during reporting period

Monthly

5th of Month,
or 3rd workday

0.5%

Community
Betterment
Report
DO 703
Inspection/Tour
Reports (vendor
staff)
Inmate Work
Contract Report

Report describing community
betterment fundraising events
during reporting period
Security/facility inspection
reports, as required by DO 703
Security/Facility Inspections

Monthly

5th of Month,
or 3rd workday

0.5%

Monthly

5th of Month,
or 3rd workday

0.5%

Report describing specified
inmate work contract data, which
may include WIPP, IGA, ADOT,
WLFC, ACI, Voc, Cleansweep,
other special work projects*
Inventory of all keys/locking
systems

Monthly

5th of Month,
or 3rd workday

0.5%

Monthly

5th of Month,
or 3rd workday

0.5%

Health inspection report on
kitchen, as performed by outside
jurisdiction
Jurisdictional Inspection and
Contracted Inspection of Fire
Detection and Suppression
System
Report detailing annual in-service
training to all staff, to include
subcontractors, their employees,
agents or representatives.
Training shall meet the
requirements of the Department
of Corrections Rehabilitation &
Reentry Annual Training Plan.
Inmate programs/programming
occurring by program inclusive of
enrollment capacity and number
of inmates enrolled.

Annually

Within 3 work
days of receipt

0.5%

Annually

Within 3 work
days of receipt

0.5%

Annually

July 15, or as
otherwise
directed

0.5%

Monthly

5th of Month,
or 3rd workday

0.5%

Key Control/
Inventory Report
Kitchen
Inspection Report
Annual Fire
Inspection

Annual InService Training
Plan

Capacity Report

Page 185

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

EXHIBIT 10

REQUIRED REPORTING
Name

Description
Reports shall be submitted in a format
required by the Department.

Employee/Staff
Background
Investigation

Completed employee/staff
background investigations shall
be submitted to the Department
of Corrections Rehabilitation
& Reentry Contract Monitor
prior to hiring or allowing
access to the facility. The
Department of Corrections

Frequency
of
Reporting
Period

Customary
Due Date
Monthly due date
is for the month
following the
reporting period

Potential
Monetary Offsets
assessed for each day
past the due date
Formula: Total Inmate
Population (on the report due
date) of Prison Facility x Per
Diem Rate x ___% = Monetary
Offset

Upon
Occurrence

Upon
Occurrence,
prior to hiring
or allowing
access to the
facility

0.5%

Annually

Within 10
days of
receipt.

1.0%

Daily

11:00 AM
Same Day

1.0%

Monthly

5th of Month,
or 3rd workday

1.0%

Monthly

5th of Month,
or 3rd workday

0.5%

Monthly

5th of Month,
or 3rd workday

0.5%

Rehabilitation & Reentry

Facility Security
System Proof of
Annual
Recertification

Information
Reports/
Significant
Incident Reports
Monthly Internal
Monitoring
Report

Restorative
Justice Report
Security Device
Deficiency
Report

shall approve all staff based on
results of background
investigations.
All prison security systems shall
be annually recertified and
evidence of annual recertification
of all security systems shall be
submitted to the Department of
Corrections Rehabilitation &
Reentry.
Reportable occurrence in
accordance with DO 105
Information Reporting.
The required Internal Monitoring
Program shall include
documenting noted deficiencies
and requiring timely corrective
action to ensure service
requirements specified by this
contract are met. Documentation
generated as a result of internal
monitoring evidencing
completion of monitoring
activities and their results shall be
provided to on Department of
Corrections Rehabilitation &
Reentry Monitoring staff.
Report describing restorative
justice fundraising events during
reporting period
Report of all security devices
noted during reporting period

Page 186

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

EXHIBIT 10

REQUIRED REPORTING
Name

Description
Reports shall be submitted in a format
required by the Department.

Frequency
of
Reporting
Period

Customary
Due Date
Monthly due date
is for the month
following the
reporting period

Potential
Monetary Offsets
assessed for each day
past the due date
Formula: Total Inmate
Population (on the report due
date) of Prison Facility x Per
Diem Rate x ___% = Monetary
Offset

5th of Month,
or 3rd workday
Within 10
days of
receipt.

0.5%

Monthly

5th of Month,
or 3rd workday

0.5%

Report on staff training, classes
offered, participants identified

Monthly

5th of Month,
or 3rd workday

0.5%

Health Needs
Requests (HNR)
Appointment
Report
Health Services
Staffing Report

Report on appointments resulting
from inmate HNRs submitted.

Monthly

5th of Month,
or 3rd workday

0.5%

Complex correctional health
services staffing patterns and
vacancy rate

Hospitalization
Census Report

Daily status reports on inmates in
hospitals and/or nursing homes
and/or hospice, admission and
discharge diagnosis (DRG or
other common code).

Quarterly
Jan.-March
April-June
July- Sept.
Oct.- Dec.
Daily

Infectious
Disease Report

Number of inmates with
Infectious diseases, including
AIDS, Chlamydia, Gonorrhea,
HIV, Hepatitis A, B, C, Positive
PPD, Syphilis
Report on the wait times for
inmates at each Unit to be seen by
medical, nursing, dental, and
mental health

Staffing Report

Report on filled and unfilled
positions at the facility
In addition to the Facility Security
System Proof of Annual
Recertification, any report,
contract, evaluation, service
agreement, inspection report or
documentation regarding
subcontracted security device
maintenance
Inventory of all tools, to include
kitchen and medical

Monthly

Training Report

Subcontracted
Security Device
Maintenance
Report(s)

Tool Control/
Inventory Report

Inmate Wait
Times Report

Upon
Occurrence

Quarterly
Jan.-March
April-June
July- Sept.
Oct.- Dec.
Monthly

Page 187

1.0%

0.5%
April 15
July 15
Oct. 15
Jan. 15
3:00 PM
Same Day

1.0%

0.5%
April 15
July 15
Oct. 15
Jan. 15
5th of Month,
or 3rd workday

0.5%

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

EXHIBIT 10

REQUIRED REPORTING
Name

Description
Reports shall be submitted in a format
required by the Department.

Mortality Review
Reports

Pharmacy
Services
Statistical Report
Quality
Improvement
Committee
Quarterly Report

Annual Audited
Corporation
Financial
Statements

Annual Audited
Financial
Statements
Specific to the
Contract

Additional
Financial Data

Frequency
of
Reporting
Period

Customary
Due Date
Monthly due date
is for the month
following the
reporting period

Potential
Monetary Offsets
assessed for each day
past the due date
Formula: Total Inmate
Population (on the report due
date) of Prison Facility x Per
Diem Rate x ___% = Monetary
Offset

Mortality Review Case Abstract
and Cover Sheet. If the incident
resulted in initiation of the
Incident Management System, a
Health Services IMS Critique
Form shall be completed with the
Mortality Review – Case Abstract
and Cover Sheet form.
Number of inmates served, scripts
written and filled, number of
inmates receiving psychotropic
medications
The Quality Improvement
Committee shall provide a
quarterly report to the Medical
Services Division

Per Incident

Per
DO 1105,
Inmate
Mortality
Review

5.0%

Monthly

5th of Month,
or 3rd workday

0.5%

Two copies of Financial
Statements prepared and audited
by an independent, licensed CPA
according to generally accepted
accounting principles (GAAP).
Financial Statements shall include
a balance sheet, income statement,
cash flow statement, and
accompanying accountant’s notes.
Two copies of Financial
Statements prepared and audited
by an independent, licensed CPA
according to generally accepted
accounting principles (GAAP).
Financial Statements shall include
a balance sheet, income statement,
cash flow statement, and
accompanying accountant’s notes.
The Department shall have the
right to request additional
financial data in order to obtain
information deemed necessary.
Type(s) of financial data required
shall be noted in the Department
written request for information.

Annual

Date specified
in the
Contractor’s
response to
the request for
proposal

1.0%

Annual

Date specified
in the
Contractor’s
response to
the request for
proposal

1.0%

As requested

Time-frames
for submittal
shall be noted
in the written
request for
information.

0.5%

Quarterly
Jan.-March
April-June
July- Sept.
Oct.- Dec.

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0.5%
April 15
July 15
Oct. 15
Jan. 15

SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

EXHIBIT 10

REQUIRED REPORTING
Name

Description
Reports shall be submitted in a format
required by the Department.

Information
Required per
A.R.S. § 411609.01, L

In accordance with A.R.S. § 411609.01, L and upon receipt of
the first inmate by the Contract
Facility Operator, the Department
of Corrections Rehabilitation &
Reentry shall direct the gathering
of information related to the
performance of the Contract
Facility Operator.

Frequency
of
Reporting
Period

As requested

Ad Hoc Reports

Customary
Due Date
Monthly due date
is for the month
following the
reporting period

Time-frames
for submittal
shall be noted
in the written
request for
information.

Potential
Monetary Offsets
assessed for each day
past the due date
Formula: Total Inmate
Population (on the report due
date) of Prison Facility x Per
Diem Rate x ___% = Monetary
Offset

0.5%

Information pertaining to contract
Per
Within 72
0.5%
compliance or other reports or
Request
hours of
information that may be required
receipt of
to respond to grievances, inquires,
request, or as
complaints, lawsuits, public
otherwise
records requests, and other
directed
questions raised by inmates or
other parties.
* WIPP, IGA, ADOT, WLFC, ACI = Work Incentive Pay Program, Inter-Governmental Agreement, Arizona Department
of Transportation, Wildland Fire Crew, and Arizona Correctional Industries, respectively.

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SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

Exhibit 11

Health Services Licenses/Certificates: Issuing Entity Information
1 NCCHC: National Commission on Correctional Health Care
1145 West Diversey Parkway, Chicago, IL 60614
The Commission maintains standards for the provision of medical, dental and mental health services in jails and
prisons and issues certificates to those facilities found to be in compliance.
2 Radiology Equipment Certification
Arizona Radiation Regulatory Agency
4814 South 40th Street, Phoenix, AZ 85040
Inspection of all x-ray machines in use is done by this state agency. If equipment is in compliance with federal and
state standards, a certificate allowing operation is issued.
3 NHSC: National Health Services Corps
U.S. Department of Health and Human Services
Health Resources and Services Administration
National Health Services Corps
5600 Fishers Lane, Rockville, MD 20857
The National Health Services Corps, a federal agency, reviews and approves eligibility of prison locations to
employee professional staff (medical, dental and mental health) who may qualify for educational loan
reimbursement if their specified profession is under-represented in a geographic location.
4 Arizona State Board of Pharmacy
1616 West Adams Street, Suite 120, Phoenix, AZ 85007
This state agency issues licenses to operate pharmacies.
5 CSR: Controlled Substance Registration
U.S. Department of Justice
Drug Enforcement Agency
8701 Morrissette Drive, Springfield, VA 22152
This federal agency authorizes the storage and dispensing of controlled and narcotic drugs by licensed pharmacies
through issuance of a Controlled Substance Registration Certificate.
6 CLIA: Clinical Laboratory Improvement Amendments Program
U.S. Department of Health and Human Services
Centers for Medicare and Medicaid Services
Clinical Laboratory Improvements Amendments Program
c/o Arizona State Public Health Laboratory
250 North 17th Avenue, Phoenix, AZ 85007
This federal agency issues a certificate for very limited laboratory procedures conducted on-site at all prisons.
7 Behavioral Health License
Arizona Department of Health Services
Licensing Division
150 North 18th Street, Suite 419, Phoenix, AZ 85007

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SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

Exhibit 12

ARIZONA DEPARTMENT OF CORRECTIONS
Consent to Search
Any person who takes any item that is not specifically authorized by the institution into or out of the facility or onto grounds
adjacent to the institution is subject to prosecution under the provisions of the Arizona Revised Statutes. ALL PERSONS,
including employees, contractors, volunteers, and visitors are subject to routine and random searches of their person and/or
property when entering or preparing to enter a prison at established checkpoints and/or in other particular areas.

I, the undersigned, have read the above notice and understand the meaning of this notice. I realize the threat presented to the
safe and secure operation of the institution when contraband and other unauthorized items are taken into or out of a prison.
Therefore, I give my consent to have my person, clothing or other property thoroughly searched upon entering or leaving any
institution, at any time while on the grounds of an institution, or while in secure area approaching the grounds of an institution.
I consent to be searched by a Department employee at any time in accordance with Department Order 708, Searches.
I understand that this consent is required of all employees as a condition of employment, or anyone performing services for the
Department.
NAME (Last, First M.I.) (Please print)

EMPLOYEE IDENTIFICATION NUMBER

SIGNATURE

DATE (mm/dd/yyyy)

602-3
7/10/19

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SOLICITATION NO. BPM003512 / ADCRR Ref: 21-109-26

CONFIDENTIALITY AGREEMENT

Exhibit 13
Arizona Department of
Corrections, Rehabilitation &
Reentry
Procurement Services
1645 W. Jefferson
Phoenix, AZ 85007

1. Confidentiality
1.1 Treatment of Confidential Business Information: The Arizona Department of Corrections,
Rehabilitation & Reentry (ADCRR) may turn over to the Contractor Confidential Business Information
(CBI) necessary to carry out the work required under the Contract or the Contractor may be exposed to
Confidential Business Information while working with ADCRR. CBI may include, but is not limited to,
any documentation containing training information; schematics or blueprints of facilities; policies;
Department Order and Director’s Instructions that are deemed “Restricted” by ADCRR; and any other
documentation or data that contains security sensitive data as determined by ADCRR.
1.2 CBI will be clearly marked as such by the Department. Should there be any questions regarding
whether information is considered CBI, ADCRR and the Contractor will consider the information to be
CBI until otherwise notified.
1.3 CBI will be shared with only those individuals who are required to know the information in order to
carry out duties under the Contract. The Contractor will be responsible for identifying all individuals in
need of CBI and ensuring that those individuals know the requirements of this Agreement.
1.4 Should CBI need to be disclosed to individuals or entities not contemplated by this Agreement, the
Contractor is to notify ADCRR immediately prior to any disclosure.
1.5 In the event CBI is disclosed to unauthorized individuals, the Contractor is to notify ADCRR
immediately. Such disclosure, without good cause, may result in penalties under the Contract as
dictated by ADCRR.
1.6 Upon the completion or termination of the Contract, whichever occurs first, all CBI shall be returned to
ADCRR or destroyed by the Contractor. The Contractor will confirm that all CBI has been either
returned or destroyed.
Signatures below certify agreement, understanding and compliance with this Agreement.
Arizona Department of Corrections, Rehabilitation &
Contractor
Reentry

SIGNATURE OF AUTHORIZED INDIVIDUAL
SIGNATURE OF AUTHORIZED INDIVIDUAL
TYPED NAME:

TYPED NAME:

TITLE:

TITLE:

DATE:

DATE:

Page 192