53-30-605. Requirements of request for proposals. (1) Prior to contracting for services with a private correctional facility, the department shall publish a request for proposals. The request for proposals must include a description of the long-range correctional needs, objectives, and goals of the department and the state.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2)The request for proposals must include and identify the services requested and required and other information, including but not limited to:

(a)the physical plant, facility, and perimeter, including:

(i)the facility capacity and inmate population, including classification levels accepted;

(ii)inmate housing; and

(iii)security, safety, and emergency procedures;

(b)who is responsible for transportation of inmates:

(i)among facilities;

(ii)upon an inmate’s release, including discharge or parole;

(iii)for court and administrative proceedings such as parole hearings and inmate participation as a witness;

(iv)for medical transportation; and

(v)for security;

(c)administration of the facility, including but not limited to:

(i)the organizational structure and staffing; and

(ii)a policy and procedures manual addressing:

(A)inmate discipline;

(B)incident reporting;

(C)grievance procedures;

(D)searches;

(E)drug testing;

(F)monitoring of facility standards; and

(G)the retention and maintenance of inmate and facility records by the private correctional facility;

(d)staffing issues regarding:

(i)management;

(ii)security;

(iii)administrative personnel;

(iv)qualifications and requirements;

(v)training; and

(vi)staff-to-inmate ratios;

(e)inmate needs such as food, clothing, sanitation, hygiene, and laundry;

(f)programs and services to be required such as vocational and educational training, religious services or customs, counseling, recreation, and canteen;

(g)medical, dental, optical, pharmaceutical, psychological, and other medical-related care;

(h)insurance requirements;

(i)indemnification;

(j)a performance bond that is sufficient to protect the state from damages upon default or nonperformance and that may not exceed the biennial amount of the compensation to be paid to the contractor;

(k)a requirement that proposers provide evidence or documentation demonstrating an ability to provide the services, to comply with acceptable services, and to comply with the rules, regulations, and contract requirements;

(l)a requirement that proposers provide documentation of financial stability or security; and

(m)monitoring of facility operations.

(3)The department may release separate requests for proposals or contracts for specific services such as transportation of inmates and medical, dental, vision, and sick call services. Each contract must include a detailed explanation of the services that must be provided.

(4)The department shall maintain a list of qualified applicants and all proposal responses. The department shall retain all records related to the evaluation process and the awarding of a contract.