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 & 184.108.40.206 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 & 220.127.116.11 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 & 18.104.22.168 have been amended. See Part 2 item #2 & #3 of this Addendum #3 for additions, deletions, clarifications and modifications. 10 16 22.214.171.124 11 16 126.96.36.199 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 188.8.131.52 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 - 184.108.40.206. 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 22 220.127.116.11 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 18.104.22.168 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 22.214.171.124 32 36 126.96.36.199 33 36 188.8.131.52.1 34 36 184.108.40.206 35 41 220.127.116.11 (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 18.104.22.168. Bidder reference requirements are listed in RFP Section 22.214.171.124 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 42 126.96.36.199 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 188.8.131.52 – Voice Recognition Software and 184.108.40.206 – 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 220.127.116.11 & 18.104.22.168 are only optional for the State to purchase them. Pricing for 22.214.171.124 & 126.96.36.199 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 188.8.131.52 & 184.108.40.206. 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 220.127.116.11. 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, 18.104.22.168 and 22.214.171.124 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 126.96.36.199.1, 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 16 188.8.131.52 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 184.108.40.206 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________________________________________ 220.127.116.11 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________________________________________ 18.104.22.168 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