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NJ Contract RFP 2014 With Addenda 1-4

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DEPARTMENT OF THE TREASURY

CHRIS CHRISTIE
Governor

DIVISION OF PURCHASE AND PROPERTY
PROCUREMENT BUREAU

KIM GUADAGNO
Lt. Governor

PO BOX 230
TRENTON, NJ 08625-0230

ANDREW P. SIDAMON-ERISTOFF
State Treasurer
JIGNASA DESAI-MCCLEARY
Director

January 21, 2014
To:

All Interested Bidders

Re:

RFP #14-x-22648
Inmate/resident Telephone Control Service
Revised Bid Submission Due Date: February 21, 2014 (2:00 p.m. Eastern Standard Time)
ADDENDUM #1

The following constitutes Addendum #1 to the above referenced solicitation. Please note that the
proposal submission due date has been changed to February 21, 2014, 2:00 p.m. Eastern Standard
Time.
It is the sole responsibility of the Bidder to be knowledgeable of all of the additions, deletions,
clarifications and modifications to the RFP and/or the New Jersey Standard Terms and Conditions
relative to this RFP as set forth in all addenda.
All other instructions, terms and conditions of the RFP shall remain the same.

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper

DEPARTMENT OF THE TREASURY

CHRIS CHRISTIE
Governor

DIVISION OF PURCHASE AND PROPERTY
PROCUREMENT BUREAU

KIM GUADAGNO
Lt. Governor

PO BOX 230
TRENTON, NJ 08625-0230

ANDREW P. SIDAMON-ERISTOFF
State Treasurer
JIGNASA DESAI-MCCLEARY
Director

February 12, 2014
To:

All Interested Bidders

Re:

RFP #14-x-22648
Inmate/resident Telephone Control Service
Revised Bid Submission Due Date: March 21, 2014 (2:00 p.m. Eastern Standard Time)
ADDENDUM #2

The following constitutes Addendum #2 to the above referenced solicitation. Please note that the
proposal submission due date has been changed to March 21, 2014, 2:00 p.m. Eastern Standard
Time.
It is the sole responsibility of the Bidder to be knowledgeable of all of the additions, deletions,
clarifications and modifications to the RFP and/or the New Jersey Standard Terms and Conditions
relative to this RFP as set forth in all addenda.
All other instructions, terms and conditions of the RFP shall remain the same.

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper

DEPARTMENT OF THE TREASURY
DIVISION OF PURCHASE AND PROPERTY
PROCUREMENT BUREAU

CHRIS CHRISTIE
Governor
KIM GUADAGNO
Lt. Governor

PO BOX 230
TRENTON, NJ 08625-0230

ANDREW P. SIDAMON-ERISTOFF
State Treasurer
JIGNASA DESAI-MCCLEARY
Director

February 25, 2014

To:

All Interested Bidders

Re:

RFP #14-x-22648
Inmate/Resident Telephone Control System
Bid Due Date: March 21, 2014 (2:00 p.m. ET)
ADDENDUM #3

The addendum is divided into two parts:
Part 1: Answers to Questions
Part 2: Additions, Deletions, Clarifications and Modifications
PART 1
Answers to Questions
Note: Some of the questions may have been paraphrased in the interest of readability and clarity. Each question is
referenced by the appropriate RFP page number(s) and section where applicable.
#

Page #

1

2

2

2

RFQ
Section
Reference
1.1

1.1

Question

Answer

Item 1.1 PURPOSE AND INTENT: This
contract will be extended to all county
correctional facilities, within the 21 New
Jersey Counties.

RFP Section 1.1 has been amended. See
Part 2 item #1 of this Addendum #3 for
additions, deletions, clarifications and
modifications.

Would the State please clarify and
confirm to all potential bidders for this
RFP that extending this contract to
County Government only applies to the
NJ County Jails and furthermore is only
an “option” by County Government to
utilize the State Contract and as such
the State is not guaranteeing that NJ
County Jails will participate?
Item 1.1 PURPOSE AND INTENT: The
State of NJ Standard Terms and
Conditions will apply to all contracts or
purchase agreements made with the
State of New Jersey. These terms are
in addition to the terms and conditions

The Standard Terms and Conditions and
required Bidder forms can be found on the
State’s current Bid Opportunity webpage or
at the following link:
http://www.state.nj.us/treasury/purchase
/bid/summary/14x22648.shtml.

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper

set forth in this RFP and should be read
in conjunction with them unless the RFP
specifically indicates otherwise.

3

4

5

2

5

5

1.0 &
4.4.4.5

1.1

1.2

Would the State please provide a copy
to all potential bidders of the
aforementioned “NJ Standard Terms
and Conditions” that will apply to this
RFP? Further please provide all
required forms needed to respond to
this RFP as we have discovered that
multiple or old versions of certain forms
may exist.
Item 1.1 PURPOSE AND INTENT: The
Bidder must have a current and
operational State or Federal contract to
provide inmate telephone service to one
of the 50 United States or the Federal
Bureau of Prisons, or have successfully
completed a State or Federal contract
within three (3) years of the proposal
due date.
Would the State clarify and confirm that
the above required reference submitted
by the prime vendor/bidder is for a
contract where the vendor is the
contract holder and the system
proposed is the same system that is
being proposed in this response.
The third paragraph of this item states
in part that “the State, however,
reserves the right to separately procure
individual requirements that are the
subject of the contract during the
contract term,”.
Given the amount of capital, on-site
personnel and systems required to
provide the services requested, please
change or remove this requirement to
ensure that the vendor has exclusivity
for the contracted services for entire
contract term.
There are several factors missing from
the provided traffic data.
Please provide call traffic data for the
prior 12 months in the following format.
This information is critical for evaluating
the proposed offer and is readily
available from the existing vendor.
For each DOC and DJJ facility
individually, please provide Calls and
Minutes by billing type (Traditional
2

The RFP will not be reversed or clarified as
requested.

The RFP will not be revised as requested.

See Attachment 1 – DOC Facilities.

Collect, Prepaid Collect, Inmate Paid
Debit), sorted by call type (Local,
IntraLata/IntraState, InterLata/IntraState
and InterState).

6

5

1.2

7

6

1.3.2

8

14

3.0

9

16

3.1.6 &
3.2.2.2

Please also provide the prior 12 months
traffic for each of the Counties that are
currently provided Inmate Telephone
Service under the existing State
contract in the same format as
requested above.
To allow the bidders equal visibility with
the incumbent on calling patterns,
would the State provide message,
minute, and revenue data by month for
a 12-month period, broken out by
facility, and within facility, by local,
intrastate, and interstate calling?
Would the State provide a telephone
number that Bidders can use on the
document delivery service mailing
label?
The opening paragraph to this section
3.0 states that there are 19 or more
State correctional facilities, the DOC’s
web site shows that the DOC has 13
facilities.
Please provide a listing of all State
Correctional and JCC Facilities that will
require the Resident Telephone Control
Service to include the address of the
location and the number of current
inmate telephones at each site.
1. Situations can occur where it may be
impossible to clear an issue within the
timeframes allotted, and the potential
for liquidated damages costs (for those
who intend to closely honor the
contract) will lead to increased calling
rates.
Would the DOC/JJC consider adding
language to clearing timeframes
“outage cleared within x inmate
telephone system operational hours, or
if not capable of clearing within x hours
has commenced diligent efforts to clear
the outage or ceases diligent efforts
thereafter ”.
2. The requirement for all new circuits to
be installed within 3 days after order
receipt is unfortunately not attainable.
For example, LEC provisioning times for
3

See Attachment 1 – DOC Facilities.
Available call distribution by call type is
delineated in RFP Section 1.2 Background.

th

DPP 9 Floor Reception Desk – 609-2924700.
See Attachment 1 – DOC Facilities.

1. Timeframes listed will not be changed.
2. RFP Section 3.1.6 & 3.2.2.2 have been
amended. See Part 2 item #2 & #3 of this
Addendum #3 for additions, deletions,
clarifications and modifications.

10

16

3.2.2.2

11

16

3.2.2.2

12

18

3.2.5

T-1 circuits can exceed 45 days. Would
the State please eliminate this particular
requirement?
The Provisioning Due Dates section
states that all new circuits and
telephone shall be installed within 3
days. While telephones can be installed
within the requested time frame, circuits
are ordered through the local exchange
carrier and would have an installation
time significantly longer than 3 days.
Please adjust to state that orders for
circuits should be placed within 3 days
of order request.
Please provide a copy of the State’s
Performance Standards or a location
where they may be obtained.
Throughout the RFP and specifically in
Section 1.1- Purpose and Intent on
page 5, the State has noted that “this
contract will be extended to all county
correctional facilities, within the 21 New
Jersey Counties”. Under the existing
contract, there is a separate rate and
commission schedule for County
participation. It is doubtful that the
Counties will want to participate in the
contract given that the State has
apparently elected to forgo
commissions.

RFP Section 3.2.2.2 has been amended.
See Part 2 item #3 of this Addendum #3 for
additions, deletions, clarifications and
modifications.

The State’s performance standards are
listed in RFP Section 3.2.2 - 3.2.2.4.
No commission will be paid under this
contract.
Bidder’s shall not propose a separate rate
and commission schedule for NJ county
correctional facilities.
A county correctional facility opting to use
this contract will use the rates awarded
through this contract.

Given the above:

13

18

3.2.5

14

18

3.2.5

When and how will vendors
submit/propose a separate rate and
commission schedule for the Counties?
Will the State evaluate and score the
proposed County Rates and
Commissions as part of this RFP?
Please clarify that the State is not
seeking to receive commissions or any
other form of rebate or payment as is
the case under the existing contract.
Please add another line item for
vendor’s to propose PrePaid Collect
rates. Traditional Collect and PrePaid
Collect they are separate calling types.
Additionally, in order to avoid confusion
in the user community, please consider
changing the stated rate to a per minute
rate while keeping the requirement to
bill in 15 second increments.
4

The State is not seeking to receive
commissions or other form of rebate or
payment through this contract.

The RFP will not be revised as requested.
Schedules C, J, K have been amended.
See Part 2 item #5 & #9 of this Addendum
#3 for additions, deletions, clarifications and
modifications.
The charge rate will not be revised as
requested.

15

18

3.2.5

The Contractor shall adhere to the
approved billing plan as outlined in
Schedule C. The billing rate shall be
capped for the duration of the contract.
Billing of calls shall not begin until an
off-hook, voice acceptance and
interactive signal is received from the
called number. Call detail shall be
provided for every outgoing call
including, at a minimum: calling party,
date, time, call duration, and called
number.

The Bidders’ proposed charge rate must
include all fees and taxes as indicated in
RFP Section 3.2.5.

No service charge or additional fees
above the rate indicated in Schedule C
shall be billed to any party. Partial
minute inclusive of all taxes shall be
billed for the call regardless of the type
of call, time of day, and/or day of week.
Will the State please clarify that all
taxes are separate from the vendor’s
proposed Rate and will be assessed at
the time of call completion. With
taxation of inmate calls mandate that
the call be taxed based upon the
origination and termination point (city,
state) and these rates can vary. These
means “every call” would have a
different rate.

16

17

20

20

3.2.7

3.2.7

Additionally, Tax percentages will
change over time. As example, the
Federal mandated Universal Service
Fund (FUSF) charge is a percentage
that only applies to InterState Calling
and changes every quarter. Further,
traditional Collect calls that are billed by
the LEC have taxes applied by the
billing LEC not the ICS provider.
Requirement 3.2.7 requires a maximum
of 13 Contractor system administrators
upon request. Does the DOC/JCC have
system administrators currently for the
Inmate Telephone System? If so,
please specify the number, the location
where each is stationed, the facility(ies)
served by each administrator, and the
average number of hours weekly that
each administrator works.
This section requires a maximum of 13
system administrators upon request.
The precise number of System
Administrators, and their work hours,
has a significant impact on Bidders’
costs and therefore pricing offers.
5

The current Contractor has 10
administrators working 40 hours per week
at State facilities. Administrators will work
part days at more than one (1) facility daily.
Administrators are also available for afterhours issues.
The DOC does not maintain information
regarding use of this contract by counties.
The requirement for the system
administrators for the current contract can
be found at:
http://www.state.nj.us/treasury/purchase
/noa/contracts/t1934_05-x-32533.shtml –
RFP Text Adobe PDF, Section 6.2.7.

18

19

20

20

3.2.7

3.2.7

1. Does the DOC/JCC have system
administrators in place today for the
inmate phone system?
2. If so, would the State specify the
number and location where each is
located, along with their average weekly
hours of work, in addition to its specific
expectations for system administrators
under the resulting contract?
The item states that the contactor shall
provide a maximum of thirteen (13)
Contractor system administrators upon
request from the DOC/JCC-Point of
Contact Facility Administrator.
In order for the Vendor’s to provide the
best possible financial offer, please
clarify specifically if all 13 contractor
system administrator will be required
upon contract award.
How many contractor system
administrators exist today? Are they
employees of the existing contractor? If
a subcontractor to the existing
contractor, please provide the name of
the subcontractor.
The Contractor shall provide a
maximum of thirteen (13) Contractor
system administrators upon request
from the DOC/JJC-Point of Contact
Facility Administrator. These Contractor
system administrators shall report
directly to each facility and take
direction from the onsite DOC/JJC POC
Administrator. The Contractor’s system
administrator’s responsibilities shall
include the following: • Software
maintenance issues; • Station software
installs, moves and changes; and •
System software additions, changes
and deletions.

See answer to Question #16.

There is no minimum requirement, however,
adequate support must be provided to
ensure each facility meets or exceeds the
State’s performance standards listed in RFP
Section 3.2.2 and 3.2.4.

Will the State please clarify that this
requirement is for thirteen System
Administrators no more or less and that
they are dedicated to this project
fulltime, forty hours per week?
20

20

3.3

The inmate/resident telephone control
system shall be programmed to allow
outgoing station to station collect or
debit calls only.

Schedules C, J, K have been amended.
See Part 2 item #5 & #9 of this Addendum
#3 for additions, deletions, clarifications and
modifications.

Would the State please clarify that
Prepaid Collect calling is also permitted
6

Yes, prepaid collect calls are permitted as
long as the Bidders’ proposed charge rate

21

21

3.3

22

21

3.3

23

21

3.3.1

24

22

3.3.1.1

since the DOC currently makes use of
this calling option today?

includes all fees and taxes as indicated in
RFP Section 3.2.5. The State considers
prepaid collect calls as collect calls.

Requirement 3.3 requires scanners for
processing bubble forms. Please
describe the purpose and use case(s)
for these forms – i.e., who fills out the
bubble forms, what information do they
contain, when is this information
provided/updated, etc.? Do the forms
contain all information listed in the
bulleted list immediately preceding this
requirement? If so, is this information
available in electronic format, such as
via an integration with the Offender
Management System?
Would the State describe the purpose
for the scanners to process bubble
forms?
What are the currently operational times
of the system?
The Contractor shall provide voice
recognition as a separate feature if
purchased by the State. This function
shall work in conjunction with the
established PIN system to ensure the
inmate on the phone is the correct
inmate.

The forms are for data entry and must
include all bulleted information in RFP
Section 3.3. The forms are completed by
inmates. The information is not available in
electronic format.

Recording of inmate provided data.
The system currently operates from 7:30AM
to 10PM eastern time.
The State is looking for initial verification at
time of call setup.
The voice recognition feature will be utilized
as a real-time fraud control tool.

Will the state confirm that they are
looking for initial verification at time of
call setup? Will the State please confirm
that this is a proactive real-time fraud
control feature at time inmate places
call to compare Inmate Voice/PIN to
stored Voice Print/PIN in real time to
ensure they match and NOT a post
investigators tool that allows call to go
through?
25

22

3.3.1.1

How should bidders interpret the 15second interval charge requirement - to
bill in 15 second increments vs. billing
on a per minute or per call basis?

Billing and charge rates are based on 15
second increments. Bidders supplying
alternate increment rates may be deemed
non-responsive.

26

23

3.4

See Attachment 1 – DOC Facilities.

27

24

3.4

28

24

3.5

Please provide number of 2500 sets
and TDD phones in the prior requested
listing of telephones by location.
Requirement 3.4 requires 2500 model
analog phones and TDD devices. How
many of each are required?
The Contractor shall be responsible for
all new and existing wiring for the
system at no cost to the State. All
cabling used shall be properly labeled
7

See answer to Question #26.
Available existing wiring may be used as
determined by the Contractor and approved
by the DOC.

at every terminating point. Each system
shall be wired separately from the
correctional facilities administrative
telephone system wherever possible.
The Contractor shall use separate,
clearly labeled, wiring blocks when
necessary to share cables and conduit
facilities due to environmental
limitations or other factors. The
Contractor shall install all new cable
runs in Contractor provided conduit. No
exposed wiring shall be acceptable.
This cable and conduit shall be
provided and installed by the Contractor
at no cost to the State. All cable and
wiring shall conform to all current
applicable Federal, State and local
electrical, environmental, safety and
security rules and regulations. Cable
and wiring shall also meet current
Building Industry Consulting Service
International (BICSI) cabling standard
best practices. The Contractor shall
obtain DOC and/or JJC approval prior
to and after completion of any wiring
and or cable installation. The Contractor
shall provide and install conduit for any
new cable where required. This new
cable, if adequate, may be shared by
other communications suppliers with
DOC and/or JJC prior approval. The
Contractor shall obtain all permits
required for the wiring.

29

28

3.9

30

30

3.12.2

Would the State please confirm that the
winning bidder may utilize existing
Wiring/Cable that the State owns and
the current vendor utilizes now?
Requirement 3.9 requires sufficient
personnel who have cleared DOC/JCC
background checks and then states: “A
profile of the maintenance force
responsible for on-site service to each
facility shall be provided to the
DOC/JJC POC for approval.” Please
clarify that this profile is to be submitted
to the DOC/JJC POC upon contract
award and background check clearance
of Contractor personnel, and not
included as part of the RFP response.
Requirement 3.12.2 – Does the DOC
transfer just deposit/withdrawal
amounts, or is an account balance
transferred? If an account balance is
transferred, is this the amount that is
available for calls for the next 24 hours
8

The Bidder will not be required to submit a
profile or have its personnel complete
background requirements until contract
award.

The DOC currently transmits XML files
containing ONLY offenders
deposit/withdrawal information.

31

36

4.4.1.3

32

36

4.4.1.3

33

36

4.4.1.3.1

34

36

4.4.1.4

35

41

4.4.4.5

(until the next file is transferred)?
p. 1 (cover page) notes a small
business set-aside status of
“Subcontracting Only.” Has the State
established any minority utilization
goals for this contract? Additionally, will
the State award points based upon SBE
utilization and if so, how will those
points be calculated?
With regard to the Small Business
Subcontracting Set-Aside, please
confirm that if the vendor is not utilizing
a subcontractor for any portion of the
contract, the use of a small business
subcontractor is not required.
Will there be any evaluation points
awarded to a vendor that does utilize a
small business subcontractor?
For the Subcontractor small business
set aside goal in this RFP what is the
goal or percent participation that the
state is requiring? Further what are the
point(s) weighting in the evaluation
criteria of this RFP?
Will the State reinstate the requirement
for a Letter of surety and Bid bond to
further protect the State during this RFP
process and as a measurement tool to
ensure bidders have the financial
strength to meet the needs of this RFP?
The Bidder must have a current and
operational State or Federal Contract to
provide inmate telephone service to one
of the 50 United States or the Federal
Bureau of Prisons, or have successfully
completed a State or Federal contract
within three years of the bid due date.
The Bidder shall provide contact
information for each such State/Federal
Agency. Contact information shall
include at a minimum: name, address,
telephone number, and e-mail address.
Failure to provide the contact
information in the proposal may result in
the proposal being deemed nonresponsive.
Will the State please confirm that any
references submitted by vendors must
be a current State/Federal Correctional
Facility of similar size/scope (1400+
inmate Phones, 13+ sites, 19,000 to
22,00+ inmates) and that bidder should
be the prime contractor on the customer
9

There are no minority utilization goals for
this contract. Points will not be awarded
based on SBE use.

If a Bidder is not subcontracting, then use of
a small business subcontractor is not
required.
See answer to Question #31.

Please review N.J.A.C. 17:13-1.1 et seq. for
stated goals.
See answer to Question #31.
Bid security is not applicable to this
procurement.

The Bidder must meet the requirements of
RFP Section 4.4.4.5.
Bidder reference requirements are listed in
RFP Section 4.4.4.5 and will not be altered.
See Attachment 1 – DOC Facilities for
current State Correctional information.

reference not the subcontractor?

36

42

4.4.5

37

42

4.4.4.6

38

44

5.8

Also, will the State consider revising this
requirement to protect the state by
requiring at least 5 customer references
for State/Federal Correctional facilities
of similar size and scope?
This subsection states that the pricing
must be submitted on Schedules J
(voice recognition software) and K (text
analytics). Schedule C (call billing) is
not referenced. Subsections 3.3.1.1 –
Voice Recognition Software and 3.3.1.2
– Text Analytics both state “ if
purchased by the State.” which
indicates that these two features are
optional. Should this subsection also
include a requirement to submit
Schedule C, which is where pricing for
inmate calling is presented to the State?
Will the State also require the bidder to
supply one of the following; D&B, S&P
and or Moody Report to further
strengthen this specification?
5.8 Ownership of Material: The
provision of the inmate communication
services by bidder/offeror includes
certain intellectual property which is
owned solely by bidder/offeror and is
trade secret and subject to copyright,
patent and trademark laws. If Securus
is the successful proposer, Securus will
grant the State a personal, nonexclusive, non-transferable license
(without the right to sublicense) to
access and use certain proprietary
computer software products and
materials in connection with the
applications (the “Software”). The
Software includes any upgrades,
modifications, updates, and additions to
existing features that we implement in
our discretion (the “Updates”). Updates
do not include additional features and
significant enhancements to existing
features. The Software is to be used
solely for the State’s internal business
purposes in connection with the inmate
telephone applications at the Facilities.
The State will not (i) permit any third
party to use the Software, (ii) assign,
sublicense, lease, encumber, or
otherwise transfer or attempt to transfer
the Software or any portion thereof, (iii)
process or permit to be processed any
10

RFP Section 4.4.5 has been amended. See
Part 2 item #5 of this Addendum #3 for
additions, deletions, clarifications and
modifications.
Section 3.3.1.1 & 3.3.1.2 are only optional
for the State to purchase them. Pricing for
3.3.1.1 & 3.3.1.2 must be provided in the
proposal or the proposal may be deemed
non-responsive. The Bidder must be
capable of providing the functionality
required in 3.3.1.1 & 3.3.1.2. The proposal
must address how the functionality will be
provided, see RFP Section 4.4.3.
The reports listed are not required,
however, the Bidder should supply the
recommended documentation per RFP
Section 4.4.4.6.
RFP Section 5.8 has been amended. See
Part 2 item #7 of this Addendum #3 for
additions, deletions, clarifications and
modifications.

39

56

6.7

40

56

6.7

41

56

6.7

42

56

6.7

data of any other party with the
Software, (iv) alter, maintain, enhance,
disassemble, decompile, reverse
engineer or otherwise modify the
Software or allow any third party to do
so, (v) connect the Software to any
products that Securus did not furnish or
approve in writing, or (vi) ship, transfer,
or export the Software into any country,
or use the Software in any manner
prohibited by the export laws of the
United States. Securus is not liable with
regard to any Software that the State
uses in a prohibited manner
Requirement 6.7 – Please provide the
point schedule that will be used in
evaluating bids. What are the relative
weights of the Technical Evaluation and
the Cost Proposal?
Will the State please provide the actual
number of points and weighting for each
evaluation criteria area?
Please provide the number of points or
evaluation percentage that will be
assigned to each of the listed evaluation
criteria.
1. The evaluation criteria for pricing
offers include only calling rates, and not
commissions to the State. Will the State
confirm that it does not expect to
receive commissions on revenue from
the resulting contract?
2. We understand the State’s intent in
Schedule C is to not allow transaction
or other provider-discretionary fees
under the resulting contract; i.e. endusers may only be charged the
proposed calling rates in 6.7 and
applicable government-mandated
taxes/fees, and no other fees. Some
providers charge bill statement fees,
monthly recurring wireless account
maintenance charges, regulatory cost
recovery, account expiration charges,
and others. Will the State confirm that
discretionary fees including but not
limited to those mentioned above are
not allowed?
3. The Cost Proposal Score formula
refers to “ the total price located on
the Price Sheet/Schedule
accompanying this RFP.” Subsection
4.4.5, Price Schedule/Sheet on Page 42
references Schedules J (voice
11

The “point schedule” and “relative weights”
will not be disclosed until after Letters of
Intent to award are issued to all Bidders.
See answer to Question #39.
See answer to Question #39.

1. No commission will be paid under this
contract.
2. Discretionary fees are not allowed.
3. The evaluation model will not be
disclosed until after Letters of Intent to
award are issued to all Bidders.

43

56

6.7.1 &
Schedules
C, J and K

recognition software) and K (text
analytics), but not C (call billing).
However, 3.3.1.1 and 3.3.1.2 state that
voice recognition software and text
analytic capability may or may not be
purchased by the State. For additional
clarity:
• Would the State clarify which
Schedule(s) will be included in the
evaluation?
• If it is all three pricing schedules (C, J,
and K), would the State provide
information on whether each schedule
will be separately evaluated, or
evaluated as a combination, what
percentage will be allocated to each of
the three schedules?
Currently the FCC has capped rates for
Interstate calling effective mid-February,
but this is being challenged in the
Courts. Additionally the FCC has
declared its intent to Capped Instate
rates and Notice of Proposed Rule
Making as already begun. Will the State
please answer the following questions?
a. How will the State evaluate on price
(Cost of Call) in this RFP when that
pricing is subject to change in the near
future?

a. The State will evaluate the pricing
submitted in the Bidder’s proposal.
b. The State will evaluate pricing based on
known laws, rules, and regulations in
place at the time of the evaluations or
reasonably anticipated to be in place at
contract inception.
c.

Bidders are required to meet the terms
and conditions of the contract resulting
from this RFP; while adhering to all
State and Federal laws, rules, and
regulations.

b. Should the FCC extend its ruling to
affect Instate Rates, the submitted
pricing provided in this RFP by vendors
might become ”null and void.” How will
the State evaluate pricing to ensure that
all bids are evaluated accurately and
fairly?

44

56

6.7.1

c. Should the FCC take over all Inmate
Calling and significantly reduces rates,
this will affect a vendor’s ability to meet
requirements for providing the services
outlined in this RFP. How will the State
address this concern?
Requirement 6.7.1 describes a formula
for calculating the bidder’s points based
upon the “lowest acceptable cost
proposal” entered on Schedule C (RFP
p. 67). However, Schedule C requires
two different costs: a rate for Collect
calls, and a rate for Debit calls. How will
these two rates be combined to
calculate the “lowest cost”? What
relative weights will be given to these
two costs? Will they be given equal
12

The evaluation model will not be disclosed
until after Letters of Intent to award are
issued to all Bidders.
Schedule C has been changed to a single
charge rate.

45

58

6.9

weight, or will the State use historical
call volumes (percentages of Collect
and Debit calls, and average call length
of each) to determine the scoring value
for each call type? Or will some other
formula be used?
In order to provide a complete picture of
Bidders’ history of contract performance
and adherence, will the State require
detailed disclosures of some or all of
the following information for Bidders’
responses to 6.9:
- Listing of formal complaints to state or
federal regulatory agencies, along with
a complaint summary and final
resolution
- Listing of investigations by state or
federal regulatory agencies into
Bidder’s customer service or other
business practices.
- Copies of any adverse findings by
state or federal regulatory agencies,
e.g. ‘cease and desist’ letters
- Listing of any facility contracts
cancelled for cause and the reasons for
cancellation.
- Listing of any contracts where Bidder
proposed in its response not to charge
discretionary (non-governmentmandated) fees or charges, but is doing
so.
- Listing of any contracts where the
Procurement specifically disallowed any
discretionary fees or charges, but the
Bidder is charging them anyway.
General – Debit phone time purchase
Would the State provide a short general
description of how debit time is
purchased today? E.g. how and when it
can be purchased, timeframes for
posting debit funding amounts to the
phone vendor, etc.?
General – Value-Added Features
If bidders could offer certain valueadded features to the State not included
in the RFP specifications (e.g.
additional operational or investigative
tools available on the system), would
the State entertain offers for these
features. If so where should this
information be included in our
response?
General – Historical Call Volumes
13

1. RFP Section 6.9 does not require a
Bidder response.
2. Debit phone time is purchased by the
inmates through the facility’s Business
Office and the data is transmitted
electronically to the Contractor as
outlined in RFP Section 3.12.2.
3. Additional features should be submitted
in a separate section of the proposal
and clearly marked additional features.
Pricing for the additional features must
be included. Additional features will not
be considered in the evaluation
decision.
4. Call type and volume are indicated in
RFP Section 1.2. Also see Attachment
1 – DOC Facilities.

46

60

7.4

In order for Bidders to provide the most
competitive Cost Proposal it is
important for us to understand historical
call volumes and revenue. Would the
State please provide 12 months of
historical calling data (completed calls,
minutes, and revenue) broken down by
(1) bill type (collect, prepaid, debit) and
jurisdiction type (local, intraLATA,
interLATA, interstate, international)? If
formatted data are not readily available,
copies of the current vendor’s past 12
commission statements would be
sufficient.
Will the State please provide the
amount of performance Security/Bond
since this is a cost item to bidders and
must be factored into our overall offer?

The Performance Security is listed on the
Signatory page, please refer to line item
#10: Performance Security Amt: $500,000.
The document can be found at:
http://www.nj.gov/treasury/purchase
/bid/summary/14x22648.shtml

47

65-73

Schedule
C

48

65-73

Schedule
C

49

65-73

Schedules
A, B, D, E,
F, G, H, I

Schedule C states: “No service charge
or additional fees above the rate
indicated in this Schedule C shall be
billed to any party.” Is the intention of
this requirement to forbid all additional
fees which are not “billed” but are
collected during account opening,
funding, or closing such as Account
Setup fees, Funding fees, Refund fees,
and any other such fees not listed on
the Schedule C form? If any such fees
are allowed, please confirm that they
must be disclosed on Schedule C, and
describe how these fees will be
evaluated when scoring the Cost
Proposal. Are any such fees charged by
the current Contractor today? If so,
please list the types and amounts of all
fees.
Schedule C requires rates for Collect
and Debit calls only. Are Prepaid
Collect calls, which are paid for by the
called party using a prepaid account,
included in the “Collect” pricing
category?
Schedules A – I (except Schedule C)
contain tables listing technical
requirements and a column labeled
“Response – Yes or No.” In addition to
a “Yes” or “No” response and bidder’s
initials, does the State require narrative
responses to these requirements? If so,
14

There are no additional fees allowed.

Schedules C, J, K have been amended.
See Part 2 item #9 of this Addendum #3 for
additions, deletions, clarifications and
modifications.
The Bidder must complete all schedules as
directed. If a Bidder chooses to provide
clarification, the Bidder should reference the
location of the clarification in its technical
proposal. A Bidder’s failure to satisfy a
schedule requirement may result in the
proposal being deemed non-responsive.

50

65-73

Schedules
C, J, K

51

N/A

Misc.

52

N/A

Misc.

53

N/A

Misc.

54

N/A

Misc.

should the narrative responses be
provided on the tables in Schedules A –
I, or should they be provided elsewhere
in the RFP response? If elsewhere,
please specify the location.
a. Will the State please confirm this is a
NO Commission RFP?
b. Cost Recovery Fees: The State has
instructed vendors to include any fees
into the one rate proposed. The LEC
will apply a Single Bill Fee as a charge
to the ICS provider for placing billing
records on their bill. Will the State allow
this fee as a standalone cost recovery
fee not included into the single rate?
Additionally, will the State revise this
requirement to allow for external cost
recovery fees to be applied as they can
vary by call type (debit, collect, prepaid)
and route (local, IntraLata, InterLata
and InterState).
In order for bidders to estimate future
revenue potential and to provide the
most competitive Cost Proposals
possible, it is critical that all bidders
receive detailed historical call data.
Since the incumbent ITS vendor is the
only bidder with access to this
information, that bidder has a significant
competitive advantage unless this
information is disseminated to all
bidders. Please provide 12 months of
historical calling data (number of
completed calls and minutes) broken
down by call type (Collect, Prepaid
Collect, Inmate Debit) and bill type
(local, intralata, interlata, interstate,
international
What OMS is in use at the DOC/JJC?
Please state brand and version, and
provide contact information. This
information is required for bidders to
identify integration requirements and
costs.
Please provide a listing of all questions
asked by all vendors with the State's
response to each.

Will the State please permit a second
round of questions from vendors on this
RFP as initially submitted questions and
answers tend to drive further
clarification needs? This is normal and
15

1. No commission will be paid under this
contract.
2. No, the RFP requirement is as specified.

See Attachment 1 – DOC Facilities.

No integration is required with the exception
of 2500 model analog telephone sets and
existing cabling.

See Addendum 3 – Responses to
Electronic Questions.
The document can be found at:
http://www.nj.gov/treasury/purchase
/bid/summary/14x22648.shtml
The State is not considering an
additional period to accept questions.
Should there be a need to have an
additional period, the State will post that
information in another addendum.

55

N/A

Misc.

56

N/A

Misc.

customary.
How will additional Services and
Technology offered as part of a vendor
response be evaluated as these can be
in the best interest of the State?
Are there any MWBE participation goals
on this RFP? If yes what are they?

16

Services not requested as part of this RFP
will not be considered as part of the
evaluation.
See RFP Section 4.4.1.3.1, Small Business
Subcontracting Set-Aside Contracts.

PART 2
Additions, Deletions, Clarifications and Modifications to the RFP
#

Page(s)

RFP Section
Reference

Additions, Deletions, Clarifications and Modifications to the RFP

1

5

1.1

Replace RFP Section 1.1 with the following:
This Request for Proposal (RFP) is issued by the Procurement Bureau,
Division of Purchase and Property, Department of the Treasury on behalf of
Department of Corrections (DOC) and Juvenile Justice Commission (JJC).
The purpose of this RFP is to solicit proposals for inmate/resident
telephone control service.
The Bidder must have a current and operational State or Federal contract
to provide inmate telephone service to one of the 50 United States or the
Federal Bureau of Prisons, or have successfully completed a State or
Federal Inmate/resident contract within three (3) years prior to the proposal
due date.
The intent of this RFP is to award a contract to the responsible Bidder
whose proposal, conforming to this RFP is most advantageous to the State,
price and other factors considered. The State, however, reserves the right
to separately procure individual requirements that are the subject of the
contract during the contract term, when deemed by the Director to be in the
State’s best interest.
The State of NJ Standard Terms and Conditions will apply to all contracts
or purchase agreements made with the State of New Jersey. These terms
are in addition to the terms and conditions set forth in this RFP and should
be read in conjunction with them unless the RFP specifically indicates
otherwise.

2

15

3.1.6

This contract will be extended to those NJ county correctional facilities that
choose to participate. A county correctional facility may choose to
participate at any time during the contract term including extensions. Also
refer to Section 4.4.6 of this RFP. Although the State, with the assent of
the vendor, is making the use of any contract resulting from this RFP
available to NJ county correctional facilities, the State makes no
representation as to the acceptability of any State RFP terms and
conditions under the Local Public Contracts Law or any other enabling
statute or regulation.
Replace RFP Section 3.1.6 with the following:
The Contractor shall update the draft Implementation Plan to effectively
install the inmate/resident telephone control system in each correctional
facility. The plan shall include an: Implementation Team Plan; Milestones;
Reporting; and Contingencies Plan; and shall ensure total system and
network wide interoperability for all services provided to the State. Each site
shall be represented on the plan.
1. DOC & JJC will provide the Contractor with the site contact list of
POCs within three (3) business days of contract award.
2. Contractor shall provide its updated draft Implementation Plan to
17

DOC and JJC POC’s for final approval within five (5) business days
of receipt of the contact list of POCs from DOC & JJC.
3. DOC and JJC POC’s will confirm with the Contractor its approval
within five (5) business days of receipt of the Contractor’s
Implementation Plan.
4. Plan shall be implemented for all approved sites within thirteen (13)
business days after contract award or upon approval.
5. System implementation shall be completed within three (3) months
after the date of contract award.
Implementation Team Plan - the Contractor shall create an
implementation team that will finalize the plans to convert from the existing
service and to interface with DOC and JJC POC and other representatives
on a scheduled and ad hoc basis.
The team shall meet with the DOC and JJC team on a weekly basis to
manage its schedule of deliverables utilizing such tools as Critical
Path/GANTT charts or other management tools.
Milestones - the plan shall include a timeline of deliverables and activities
to ensure the timely and responsive implementation of the new service and
shall provide minimal disruption of service to users. Milestones shall
include:
1. Full circuit information shall be submitted to the DOC and/or JJC
POC at least ten (10) days before cutover; and
2. The last cutover shall be completed within three (3) months after
the date of contract award.
Reporting- The Contractor shall submit weekly status and ad hoc reports to
the DOC and/or JJC POC outlining the progress toward completing the
tasks contained in the implementation plan during the implementation.
Contingencies Plan- The implementation plan shall include a fallback
strategy in event of failure and the recovery of data or any live traffic. Each
time there is a cutover of service, a Contractor management representative
shall be available on site to ensure an effective cutover.

3

16

3.2.2.2

The Contractor shall be solely responsible for the compatibility of the
proposed system and equipment with any and all circuits and facilities as
provided by the LEC and all other common carriers to meet the
requirements of these specifications.
Delete Provisioning Due Dates under Section 3.2.2.2 and replace with the
following:
Provisioning Due Dates: All new telephones shall be installed and made
operational within 3 days after order receipt. Additions and/or changes to
the software of each system shall be completed within 24 hours after
change/addition is ordered unless deemed a high severity by the DOC or
JJC. Once a firm due date is given, service shall be operational by 5:00
PM on that date.
18

4

5

20

42

3.2.7

Add the following bullet:

4.4.5

Provide adequate facility support so as to meet State Performance
Standards listed in RFP Section 3.2.2.
Remove Section 4.4.5 and replace with the following:
The Bidder must submit its pricing using the format set forth in the Statesupplied price Schedules C, J and K accompanying this RFP. Failure to
submit all information required will result in the proposal being considered
non-responsive. Each Bidder is required to hold its prices firm through the
issuance of contract.

6

42

4.4.6

Add the following Section to the RFP:
4.4.6 COOPERATIVE PURCHASING

7

44

5.8

The Bidder must complete the Cooperative Purchasing Form indicating
willingness or unwillingness to extend State contract pricing and terms to
Cooperative Purchasing partners.
Delete Section 5.8 in its entirety and replace it with the following:
5.8 Ownership of Materials
All data, technical information, materials gathered, originated, developed,
prepared, used or obtained in the performance of the contract, including,
but not limited to, all reports, surveys, plans, charts, literature, brochures,
mailings, recordings (video and/or audio), pictures, drawings, analyses,
graphic representations, software computer programs and accompanying
documentation and print-outs, notes and memoranda, written procedures
and documents, regardless of the state of completion, which are prepared
for or are a result of the services required under this contract shall be and
remain the property of the State of New Jersey and shall be delivered to the
State of New Jersey upon thirty (30) Days’ notice by the State. With respect
to software computer programs and/or source codes developed for the
State, except those modifications or adaptations made to Bidder or
Contractor’s Background IP as defined below, the work shall be considered
“work for hire”, i.e., the State, not the Contractor or subcontractor, shall
have full and complete ownership of all software computer programs and/or
source codes developed. To the extent that any of such materials may not,
by operation of the law, be a work made for hire in accordance with the
terms of this Contract, Contractor or subcontractor hereby assigns to the
State all right, title and interest in and to any such material, and the State
shall have the right to obtain and hold in its own name and copyrights,
registrations and any other proprietary rights that may be available.
Should the Bidder anticipate bringing pre-existing intellectual property into
the project, the intellectual property must be identified in the proposal.
Otherwise, the language in the first paragraph of this section prevails. If the
Bidder identifies such intellectual property ("Background IP") in its proposal,
then the Background IP owned by the Bidder on the date of the contract, as
well as any modifications or adaptations thereto, remain the property of the
Bidder. Upon contract award, the Bidder or Contractor shall grant the State
a nonexclusive, perpetual royalty free license to use any of the
Bidder/Contractor's Background IP delivered to the State for the purposes
contemplated by the contract.
19

8

56

6.7.1

Delete Section 6.7.1 in its entirety and replace it with the following:
The Bidder’s Cost Proposal will be determined by adding the weighted
prices on Schedules C, J & K. The weights for each schedule will be
determined prior the proposal opening date.
For evaluation purposes, Bidders will be ranked according to the following
formula:
Cost Proposal = predetermined points x (lowest cost proposal /evaluating
cost proposal)
The Cost Proposal with the highest score will be ranked the highest.
The Cost Proposal ranked will be the lowest acceptable cost proposal
between the original cost proposal and the Best and Final Offer proposal
submitted by each Bidder.

9
10

67, 74, 75

Schedule C,
J, K

Schedules C, J, and K have been changed to a single charge rate. The
amended schedules are attached to this Addendum #3.

Cooperative
Purchase
Form

The Cooperative Purchase Form has been amended. The amended
Cooperative Purchase Form is attached to this Addendum #3.

20

Inmate/Resident Telephone Control Service
14-X-22648
Schedule C

BIDDER_______________________________________________________
3.2.5 Call Billing
Provide all charges to be applied to all inmate/resident calls per 15 second intervals. No service
charge or additional fees above the rate indicated in this Schedule C shall be billed to any party.
All Calls Per 15 Second Interval

Rate $

Failure to comply with the requirements may result in the proposal being deemed nonresponsive.

21

Inmate/Resident Telephone Control Service
14-X-22648
Schedule J

BIDDER________________________________________
3.3.1.1 Voice Recognition Software
Provide the description and charges for the component parts to be applied to all inmate/resident
calls per 15 second interval for the implementation of voice recognition software over and above
the standard rate quoted on Schedule C.
All Calls Per 15 Second Interval

Rate $

Failure to comply with the requirements may result in the proposal being deemed nonresponsive.

22

Inmate/Resident Telephone Control Service
14-X-22648
Schedule K
BIDDER________________________________________
3.3.1.2 Text Analytics
Provide the description and charges for the component parts to be applied to all inmate/resident
calls per 15 second interval for the implementation of text analytics software over and above the
standard rate quoted on Schedule C.
All Calls Per 15 Second Interval

Rate $

Failure to comply with the requirements may result in the proposal being deemed nonresponsive.

23

COOPERATIVE PURCHASING FORM
SOLICITATION NUMBER: 14-x-22648 – Inmate Phones

DEPARTMENT OF THE TREASURY
PROCUREMENT BUREAU
STATE OF NEW JERSEY

BIDDERS NAME:

33 WEST STATE STREET
PO BOX230

BIDDERS FEIN:

TRENTON, NJ 08625-0230

IMPORTANT NOTICE
BIDDERS ARE ADVISED TO REVIEW THE ATTACHED REQUEST FOR PROPOSAL (RFP) AND ANSWER THE CONTRACT EXTENSION
QUESTION LISTED BELOW.
AGREEMENT TO EXTEND STATE CONTRACT TERMS
TO NEW JERSEY COUNTY CORRECTIONAL FACILITIES
THE QUESTION BELOW ELICITS THE BIDDER'S ADVANCE AGREEMENT TO OR REJECTION OF THE USE OF THIS STATE
CONTRACT BY THE FOLLOWING ENTITIES:
N.J.S.A. 52:25-16.1 ALLOWS THE DIRECTOR TO EXTEND IN ADVANCE THE LOCAL USE OF STATE CONTRACTS BY INCLUDING A
PROVISION FOR SUCH PURCHASES IN THE STATE CONTRACT.
N.J.S.A. 40:11-12 AND N.J.S.A. 18A:18A-10 TO ALLOW COUNTIES TO USE SUCH STATE CONTRACTS AND TO DEAL "DIRECTLY"
WITH STATE CONTRACT VENDORS INSTEAD OF BIDDING THE ITEMS.
THE SAME PRICE MUST BE ESTABLISHED FOR THE STATE AND FOR LOCAL GOVERNMENTS; OTHER TERMS AND CONDITIONS
ALSO MUST BE THE SAME UNLESS A PARTICULAR TERM OR CONDITION IS SPECIFICALLY IDENTIFIED OTHERWISE IN THE RFP
BY THE STATE.
A BIDDER'S WILLINGNESS TO EXTEND WILL BE A FACTOR IN DETERMINING THE STATE AWARD. THE DIRECTOR WILL
"NOT" AWARD A SEPARATE CONTRACT FOR LOCAL USE. THE VENDOR MUST AFFIRMATIVELY INDICATE ITS CONSENT
TO SUCH EXTENSION IN ACCORDANCE WITH THE PROVISIONS OF THE RFP, AT THE TIME OF CONTRACT AWARD, OR AT
ANY TIME DURING THE PERIOD OF PERFORMANCE OF THE CONTRACT.
DO YOU AGREE TO EXTEND THE STATE CONTRACT AWARDED AS A RESULT OF THIS RFP TO THE AFOREMENTIONED
ENTITIES AT THE SAME PRICE AND COMMON TERMS AND CONDITIONS?
YES

NO

IF THE BIDDER DOES NOT CHECK "YES" OR "NO" TO THE ABOVE QUESTION, THE ANSWER WILL BE CONSIDERED AS "NO".
NOTE: NO CONTRACT WILL BE EXTENDED TO THESE ENTITIES UNLESS THE DIRECTOR OF THE DIVISION OF PURCHASE
AND PROPERTY SPECIFICALLY PROVIDES FOR THE EXTENSION AT THE TIME OF THE AWARD, OR AT ANY TIME DURING
THE PERIOD OF PERFORMANCE OF THE CONTRACT.

Full Name (Print)

Signature

Title

Date

PBCOPI Rev.8/13

DEPARTMENT OF THE TREASURY
DIVISION OF PURCHASE AND PROPERTY
PROCUREMENT BUREAU
PO BOX 230
TRENTON, NJ 08625-0230

CHRIS CHRISTIE
Governor
KIM GUADAGNO
Lt. Governor

ANDREW P. SIDAMON-ERISTOFF
State Treasurer
JIGNASA DESAI-MCCLEARY
Director

March 14, 2014

To:

All Interested Bidders

Re:

RFP #14-x-22648
Inmate/Resident Telephone Control System
Revised Bid Submission Due Date: April 4, 2014 (2:00 p.m. Eastern Standard Time)
ADDENDUM #4

The following constitutes Addendum #4 to the above referenced solicitation. Please note that the proposal
submission due date has been changed to April 4, 2014, 2:00 p.m. Eastern Standard Time.
It is the sole responsibility of the Bidder to be knowledgeable of all of the additions, deletions, clarifications and
modifications to the RFP and/or the New Jersey Standard Terms and Conditions relative to this RFP as set forth
in all addenda.
Part 1: Additions, Deletions, Clarifications and Modifications
PART 1
Additions, Deletions, Clarifications and Modifications to the RFP
#

Page(s)

1

12-13

RFP
Section
Reference
2.2

Additions, Deletions, Clarifications and Modifications to the RFP
Add the following definition to RFP Section 2.2:
On Site System Equipment – shall mean all necessary equipment required
to process and complete a call at each facility in accordance with all RFP
requirements.

2

37-38

4.4.3

Replace bullet “Section 3.1.3 Onsite System Equipment” from RFP
Section 4.4.3 with the following:
Section 3.1.3 On Site System Equipment – In addition to the narrative
description, the Bidder shall list the type of equipment to be located on site
for each correctional facility on Schedule A.

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper