TX Phone Contract with Embarq 2008

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SOLICITATION • OFFER AND AWARD

1. CONTRACT NO.

2. SOLICITATION NO.

696-IT-9-15-C0069

696-IT-8-P022

3. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFO)
I8l NEGOTIATED iRFP\

4. DATE ISSUED

o
o

February 25, 2008

SOLICITATION
5. Sealed offers wili be received by the Department until
3:00 p.m. local time on April 15, 2008, and submitted to:
Texas Department of Criminal Justice
Contracts·and Procurement Department
Information Technology and Utilities Branch
Two Financial Plaza, Suite 525
Huntsville, Texas 77340
Attention: 696-IT-8-P022

6. FOR INFORMATION CONTACT:

Frank L. Wiliiams, CTPM
Contract Administrator
PHONE:
FAX:
E-MAiL:

(936) 437-7118
(325) 023- 3210
frank.williams@tdcj.state.tx.us

OFFER (Must be fully completed by Offeror)
7. DISCOUNT FOR PROMPT

PAYMENT:~

10 CALENDAR DAYS

20 CALENDAR DAYS

Not Applicable

30 CALENDAR
DAYS

CALENDAR DAYS

%
%

8. ACKNOWLEDGMENT OF
AMENDMENTS:
(The offeror acknowledges receipt of amendments to the SOLICITATION forofferors and
related documents numbered and dated:

AMENDMENT NO.

DATE

A-001

March 7. 2008

AMENDMENT
NO.
A-004

A-002

April 16. 2008

A-005

A-003

Anril 25, 2008

9. NAME AND ADDRESS

OFFEROR:~

Embarq Payphone Services, Inc
9300 Metcalf Ave
Overland Park, KS 66212

11. TELEPHONE NO. (Include area code)

12. SIGNATURE

DATE
April 30. 2008
May 2. 2008

10. NAME AND TITLE OF PERSON AUTHORIZED TO
SIGN OFFER (Type or Print)

Wiliiam, E. Cheek, President

13. OFFER DATE

5/12/08

(913) 534-5351

TO BE COMPLETED AT TIME OF AWARD
Document Type: 9
This award consummates the contract which consists of the foliowing documents: (a) the State's solicitation,
and soiicitation amendments, such provisions, representations, certificatiol)s, specifications, and negotiated
changes as hereby incorporated and attached to this award (b) the contractor's offer, points of clarification,
rElsponses to clarification request andlor best and final offer, and negotiated changes as hereby incorporated
and attached to this award and (c) this award. In the event of a conflict between any terms and conditions of
this contract document with Contractor's offer, points of clarification andlor best and final offer, the terms which
are more favorable to TDCJ shali prevail.

Texas Depart
By:
Title:
Date:

By:

Title:
Date:

696-1T-9-15-C0069

Section A

Offender Telephone System

Contract Document Changes
The following items have been mutually agreed to by Embarq Payphone Services, Inc.
and the Department, and are hereby incorporated into this Contract:
I.

The solicitation number has been replaced with the contract number.

The appropriate signatories have been included on the signature lines of the
Solicitation, Offer, and Award (SOA) document. The contract administrator's
facsimile number has also been changed.

The definition for Continental United States has been inserted into Section A,
Contract Definitions.

The first two paragraphs of Section B.I.2 Pricing Instructions have been deleted.

Section B.I.2 now reads as follows:

8.1.2 Pricing Instructions
Commission revenues shall be calculated as a fixed percentage based on the
gross monthly call revenues for all calls completed by offenders. All commissions
the State will realize from the OTS are to be described in detail in this item
including the percentage of the commission. The Contractor shall pay the
Department monthly, a commission of not less than forty percent (40%) of gross
revenue billed.
Commission revenue begins to accrue when the first completed telephone call is
made by an offender. Only completed telephone calls are to be billed from the
time that the end user accepts the call and conversation begins. Incomplete calls
are not billable.
Should any relevant regulatory entity (e.g. Federal Communications Commission
(FCC), the Public Utilities Commission of Texas (PUCT)) or legislative entity
modify, eliminate, or establish additional rates, fees or other charges that are
allowed or required to be collected for the services provided by Contractor during
the term of the contract; the Contractor must notify the Department in writing at
least sixty (60) business days prior to implementation of any required or permitted
rates, fees, or other charges. Notification must include documentation from the
appropriate regulatory or legislative entity detailing the changes.
Should Federal or State statutes or regulations change in the future either reducing
or eliminating commissions or reducing the rates, fees or other charges that are
allowed or required to be collected by the Contractor for offender calling services
provided under this Contract, the Department and Contractor agree to renegotiate
such commissions andlor contract rates, fees or other charges in good faith to

696-1T-9-15-C0069

Section A

Offender Telephone System
preserve, to the greatest extent possible, the economic benefits of this Contract
that were contemplated by both parties, including without limitation, the possibility
of rebalancing any mandated rate reductions or commission reductions by
adjusting rates for other types of calls.
Should a system failure prevent the accumulation of call data resulting in the loss
of records reflecting revenue, commission revenue shall be derived based on
historical data.

The Rate Structures under Section 8.1.3 have been amended and now read as
follows:

Rate Structures
Local Calls
The rate proposed and charged by the Contractor shall be a fully bundled single
per minute rate inclusive of all fees, taxes, surcharges, connect charges or other
costs unless such costs are taxes or charges that are directly passed-through to
the consumer. Taxes and pass-through charges shall be excluded from the rate.
Calls shall not exceed rates charged by county jails.
Intrastate Calls
The rate proposed and charged by the Contractor shall be a fully bundled single
per minute rate inclusive of all fees, taxes, surcharges, connect charges or other
costs unless such costs are taxes or charges that are directly passed-through to
the consumer. Taxes and pass-through charges shall be excluded from the rate.
Interstate Calls
The rate proposed and charged by the Contractor shall be a fully bundled single
per minute rate inclusive of all fees, taxes, surcharges, connect charges or other
costs unless such costs are taxes or charges that are directly passed-through to
the consumer. Taxes and pass-through charges shall be excluded from the rate.

696-IT-9-15-C0069
Offender Telephone System
7.

8.2.1

Section A

The contracted rates have been incorporated into Section B.2.1 (Pricing
Schedules) Standard Configuration. This Section now reads as below:

Standard Configuration

Gig-E Infrastructure Design
Base Period - (9/1/2008 through 8/31/2015)
Interlata

Intralata

Interstate

Local

Preoaid Collect

$0.260

$0.430

$0.260

Preoaid

$0.234

$0.387

$0.234

Collect

$0.260

$0.430

$0.260

Rates listed are per minute

Section B.2.2 (Pricing Schedules) Optional Surveillance Equipment
Configuration has been deleted.

The first paragraph of Section C.3.1.I (B) is amended to read as follows:

The Department shall provide initial PIN numbers for assignment to offenders.
The Department shall also provide, by offender, the approved list of person(s)
allowed to receive calls.
10.

The fourth paragraph of Section C3.1.I.B is amended to read that equipment and
infrastructure comprising the OTS become property of the Department upon
completion ofthe contract, excluding any proprietary software systems used
under license from the owner(s) of such intellectual property.

II.

The first paragraph of Section C3.1.1 (C) is amended to read as follows:

The OTS shall have the same features and functionality at all designated
Department locations and must allow Department staff the ability to securely
conduct system administration functions.
12.

The second paragraph of Section C3.1.1 (C) is amended to read as follows:

The OTS shall be configured to ensure a ratio of not greater than thirty (30)
eligible offenders per telephone device at each facility. Contractor shall install and
activate additional lines and telephones within ten (10) business days from date of

111

696-IT-9-15-C0069
Offender Telephone System

Section A

written notification by Department dependent upon eligible offender/telephone
ratio. A reasonable amount of additional time will be granted if special circuits are
needed.
13.

Section C.3.1.1 (C) is amended by adding the following as the second to last
paragraph:

The OTS must provide the ability to establish schedules to initiate and suspend
recording on channel/line groups at specific times on specific days of the week.
This feature must allow for exceptions for certain days such as holidays and
weekends so that schedules can be overridden.
14.

The last paragraph of Section C.3.1.1 (C) is amended to read as follows (amended
language in bold):

All OTS equipment shall be properly identified as "property of ("Embarg
Payphone Services, Inc.") to include toll free number to place service/support
calls by authorized Department staff. Offenders shall not have the capability to
place service/support calls from the OTS telephones.
IS.

Section C.3.1.1 (E) is amended by adding the following paragraph:

Connectivity for remote users will be accomplished in a secure manner that does
not require the interconnection of the TDCJ intranet and the Contractor's
network.
16.

Section C.3.1.1 (F) is amended by deleting the following paragraph:

The DRS must provide the capability to initiate functions globally, such as format,
ready, record, stop record, or eject, on multiple media devices on the network
simultaneously.
17.

Section C.3.1.1 (F) is amended by deleting the following paragraph:

The DRS must provide the ability to establish schedules to initiate and suspend
recording on channel/line groups at specific times on specific days of the week.
This feature must allow for exceptions for certain days such as holidays and
weekends so that schedules can be overridden.
18.

Section C.3.1.1 (F) is amended by adding the following parab'Taph:

The Contractor will replace the OTS components in years 4 and 7 of the contract.
The workstations and printers will be replaced in year 5.
19.

Section C.3.1.2 (0) has been modified to read as follows:

696-IT-9-IS-C0069
Offender Telephone System

Section A

The Department will work with the Contractor to provide room in existing facilities
for OTS equipment that has a minimal size requirement and does not interfere
with the Department's access, use, or potential use of the area where the
equipment is located.
The Department reserves the right to make the final determination regarding
equipment placement in any particular space. However, the parties acknowledge
that Contractor relied on being able to place OTS equipment within existing
Department space, with rare exception, in formulating the calling rates set forth in
Section 8.2.1. The Department will use commercial best efforts to work in good
.faith with Contractor to provide space within existing facilities.
In the event that suitable space is not available in the Department's existing
facilities, the Contractor is responsible for providing a new or separate equipment
room and terminal location adjacent to existing telephone/computer buildings
where the equipment is to be installed. Contractor will be responsible for the
construction of this building in a location outside of the perimeter fence. Upon
expiration of the contract, the building will become property of the Department, will
remain intact, and will not be removed from the premises.
Additionally, all OTS equipment located outside of a Contractor supplied building
must be physically secured in a locked enclosure for security purposes. The
enclosure must be designed in such a way as to not interfere with the normal
equipment operation yet prevent access or damage to the equipment by
unauthorized persons.
20.

Section C.3.1.2 (F) has been added and reads as follows:

Call Quality

At no time will the Internet be used to transmit the OTS voice and data.
Each installed location requires Quality of Service (QOS) for voice prioritized
packet/packets yielding a Mean Opinion Score (MOS) rating of 3.7 or better. If at
any time this service falls under the jurisdiction of a regulatory agency and more
stringent standards are required, the Contractor is responsible for meeting those
standards.
21.

Section C.3.2.2 Staffing has been amended by inserting the following as the
second paragraph:

The Contractor is required to maintain a minimum of the below listed staffing plan
unless a reduction in that plan is mutually agreed to by the Contractor and the
Department.

696-IT-9-15 -C0069
Offender Telephone System

Section A

Shared Part Term of the
Dedicated
Time
Staff
Contract
The Contractor Team will utilize the following dedicated staff to support the
construction, implementation, and training of the OTS system:
Customer Service
'/
Manaaer
1
1
Proiect Director
,i
7
Proiect Manaaers
I
,j
Installation Technicians
24
,1
Construction General
Manager
1
Construction Foreman
6
'/
oJ
Electrical Contractors
64
v
Field Repair/Site
Technicians
15
'i
Service Representatives
18
Data
v
Administrators/Technical
Help Desk
7
,j
Trainers
20
After successful installation of the OTS, the following dedicated staff will remain
in place for the life of the contract:
,I
,j
Customer Service
Manager
1
,/
\1
Field Repair/Site
Technicians
15
oj
v
Service Representatives
18
Data
'J
,vi
Administrators/Technical
7
Help Desk
Additional (Shared) Resources:
Existing Field Service
Technicians
Embarq Field Repair Cable Specialists
Embarq Call Center Reps
(ongoing quality
assurance, special
"hotline" situations)

22.

Section C.3.4.l has been amended by adding the following language:

<;i

Section A

696-IT-9-15-C0069
Offender Telephone System

The caller must supply both a credit card number and a driver's license or state
identification card number. The credit card number and driver's license/state
identification card number must both be validated by the vendor before the
registration process will be completed. This validation must be through the
credit card company and the appropriate DMV/Public Safety Office. Should
either number fail to validate, the party should be directed to an alternative
registration process form with which to provide required information and submit
with a copy of his/her phone bill and driver's license/state identification card.
The registration must be recorded and include a positive affirmation that the
caller is the registered owner of the phone from which the call is being made, will
allow offender phone calls to that location, and will accept financial responsibility
for offender phone calls to that location.
In regard to alternative identification documents in the event that a credit card is
unavailable, the Department will not accept faxed copies of phone bills as proof
of identity and insists that the Contractor verify that copies submitted are legible.
The Department also expects that this documentation would be readily available
to us in the event that it is needed for investigative or prosecutorial purposes.
The Department will furnish, in electronic format, the offender's visitation list.
The list may contain phone numbers of visitors but should not be
considered a source of phone numbers. The visitors will be required to
register with the Contractor, and then the registered visitors will be validated
against the visitation list, by the Contractor. The Department will not be
responsible to supply or validate phone numbers at any time. The Contractor is
required to validate all telephone numbers against the various victims databases
and the appropriate state bar association if an attorney number is given.
The Department will furnish a daily electronic file with the names, TDCJ number,
and location of offenders which are eligible to make phone calls. It will be the
Contractor's responsibility to compare the list of eligible offenders against the list
of enrolled offenders and locate, and subsequently enroll, within a reasonable
time period, the offenders that have become eligible but are not enrolled. The
Department will not be responsible for tracking individual offenders through the
system.
Each eligible offender will be enrolled and verified, physically and in-person, by
the Contractor's personnel. The Contractor's enrollment responsibilities include
positive verification of the offender's identification, maintenance of a log detailing
offender's information and person responsible for enrollment.
The Contractor will be responsible for all initial and ongoing enrollments (to
include the intake facilities). The Department does not have personnel available
to supervise enrollment activities, either initial or ongoing as previously ineligible
offenders become eligible. The Contractor will be responsible for developing and

Vll

Section A

696- IT-9-l5-C0069
Offender Telephone System

implementing a supervised enrollment plan that will assure that 'all eligible
offenders are enrolled within a reasonable amount of time after becoming
eligible. There will be no unsupervised enrollment method (self enrollment)
allowed.
The Department realizes that it would not be prudent for the Contractor to keep
sufficient resources to staff each facility every day. The Contractor is ultimately
responsible for determining the staff necessary to meet the enrollment
requirements of the Department.
All attorneys will be enrolled in the same method as called parties. The
Contractor will be responsible for verifying all attorney numbers submitted
against the relevant state bar attorney phone lists.
The Department will work with the Contractor during implementation to develop
acceptable called party customer service metrics and performance measures.
Superior customer service is a priority to the Department.
The Department expects to hold regular performance meetings with the
Contractor in which performance issues, including customer service, will be
discussed. These meetings will occur at least once quarterly. The Department
requires the Contractor to be responsive to the Department's customer service
needs, including needs of the called parties. Additionally, the Department
expects the level of customer service outlined during the ·negotiation meetings
presentations.
Offenders will be allowed to have a prepaid telephone account. The prepaid
account will not be connected to the offender commissary account in any
manner.
All ancillary fees and account policies (account maintenance fees, deposit fees,
statement fees, etc.) will be disclosed to the parties establishing an account
repeatedly and in a prominent manner. The Department requires that inactive
accounts be refunded to the account holder, or reactivated at the request of the
account holder (to be used and not left inactive), at no charge, provided the
request for refund or reactivation is received by the Contractor no later than one
(1) calendar year from the date of determination of inactive status. The request
for refund must be allowed to be made in a convenient format, such as IVR, staff
assisted call, mail or fax, or via website with reasonable security measures in
place to verify the identity of the account holder. Any activity and amounts
related to the Department's contract will be reportable to the Department. The
Contractor will be responsible for proactively contacting parties whose account is
nearing inactivation and notifying them of their options. The Department requires
that credit card / check by phone (if allowed) fee be limited to $5.00 per
transaction. The minimum transaction must be $25.00 and the maximum

V111

696- IT -9-15-C0069
Offender Telephone System

Section A

transaction can only be $100.00. Funds deposited by personal check or money
order will be at no cost to the customer.
Statement fees for collect calls billed by the LEC will be limited to $2.50. If a
customer needs a copy of a statement mailed, the customer can be charged a
cost recovery fee. Statements printed from the Internet should be available at no
charge to the customer.
There will be no account initiation fees and no maintenance fees charged to the
customers.
23.

Section C.3.4.2 has been amended by adding the following as the seventh
paragraph:

The Department expects that a soft or hard copy of each and every applicable
code, regulation, or standard that was used to install the aTS to be provided to
the Department's designee, free of charge, and updated as applicable. The
Contractor may either directly provide the software license, or reimburse the
Department for the cost of the license if assignment or transfer of the license is
impractical.
24.

Section C.3.4.3 has been amended by inserting the following section as the
second paragraph:

All cabling will be placed in conduit. All exterior, exposed conduits will be rigid.
Within buildings, EMT with compression fittings may be used, when placed above
12' in height. Conduit below 12' in height should be rigid conduit. Conduit will be
used in the tunnel, spine and pipe chase areas. Conduit shall be sized as per NEC
fill codes (minimum %"). Conduit brackets and support should be per NEC
standards. All asp applications will be in Schedule 40 PVC conduit unless asp,
direct burial, PE-89, filled, gopher resistant cable is used. All direct burial cable will
be at a minimum of 24" deep with a 3" marker tape installed at 12" above the
cable.
25.

Section C.3.5 Training has been amended by adding the following as the first
paragraph:

The Department expects considerable, on site training of officers, administrators,
and investigators utilizing the system. The on site training will be conducted
initially as well as periodically afterwards. The training will be customized to
meet the needs of different user levels (monitors, administrators, investigators,
security threat group personnel). The Department expects that training materials
(manuals, DVDs, videotapes) will be left at each site to facilitate training new
personnel as needed. The Department expects these training materials to be
refreshed as updated trainings are developed. The Department estimates that

696-IT-9-l5-C0069
Offender Telephone System

Section A

the number of personnel per facility to be trained is somewhat proportional to the
size of the facility. The Department submits the following facility training needs.
0-500 Capacity Unit
500-1,200 Capacity Unit
1,200+ Capacity Unit

25 staff
30-40 staff
40-60 staff

Section 0.2.2 Contract Administrator has been modified by changing the contract
administrator's facsimile number.

27.

Section 0.3.2 Late Remittance has been modified by changing the commission
due date to the 20'" calendar day of the following month.

28.

Section H.I has been amended by adding the following: "Such insurance may
exclude coverage for any liability arising from or attributable to any gross
negligence, malfeasance or willful misconduct of the Department or its employees
or agents."

29.

Section H.I.I (8) has been amended to read as follows:

Comprehensive General Liability

30.

Section H.I.2 has been amended by adding the following: "Such insurance may
exclude coverage for any liability arising from or attributable to any gross
negligence, malfeasance or willful misconduct of the Department or its employees
or agents."

31.

The last sentence of Section H.2.2 has been deleted.

32.

Section 1.3.8 has been amended by adding the last paragraph as follows:

$10,000,000 aggregate

The Department has no authority to reimburse a Contractor for capital equipment
costs in the event that the Contract is terminated by mutual agreement or for
cause before the expiration of the base period.
33.

Section 1.3.8 has been amended by adding a new sentence in the last paragraph as
follows: Notwithstanding the foregoing, if the Contract is terminated prior to the
end of the base period, the Department shall require any new service provider to

696-IT-9-15-C0069
Offender Telephone System

Section A

compensate Contractor for the undepreciated or unamortized portion of any
equipment installed by Contract which is used by the new service provider.
34.

Section 1.3.11 has been amended by appending the following sentence:

This provision shall not be construed to prohibit Contractor from seeking any
other legal or equitable remedy to which it is entitled.
35.

Section 1.5, Indemnification of the Department has been amended by replacing
the second paragraph with the following:

Any and all claims to the extent caused by the conduct, management or
performance of the contract by Contractor, its agents, subcontractors or
employees, including, without limitation, any and all claims to the extent caused
by:
36.

Section 1.9, Assignments has been amended by replacing the first two lines as
follows:

Section 1.13 Confidentiality has been amended and now reads as follows:

Any confidential information provided to or developed by the Contractor or the
Department in the performance of the Contract shall be kept confidential unless
otherwise provided by law and shall not be made available to any individual or
organization by the Contractor or the Department without prior approval of the
other party.
38.

Exhibit J.2, HUB Subcontracting Plan has been deleted.

39.

Exhibit J.3, Financial Information has been deleted.

696-IT-9-15-C0069
Offender Telephone System

40.

Section A

Exhibit J.4, Contract Performance Measures now reads as follows:

The below listed Performance Measures have been identified as critical to the success of
the Offender Telephone System. The Contractor shall ensure that the stated Outcomes
are achieved at the required Standard. Performance shall be measured per facility
location beginning at contract implementation and shall continue through the term of
the Contract.
Item Identifier
No.

Rl.2and
G.3.2

Outcome

Standard Revenue/Payment Adjustment

100.00% Any amount owed to the State
more than one (I) business day
beyond the date such amount is
due shall accrue interest each day
at the annualized rate of one
percent (I %) plus the prime rate
as published in the Wall Street
Journal on the first day of July of
the preceding fiscal year that does
not fall on a Saturday or Sunday.

C.3.1.1, C The OTS shall be configured to
ensure a ratio of not greater than
30 eligible offenders per telephone
device at each facility. Contractor
shall install and activate additional
lines and telephones within ten
(10) business days from date of
notification by Department
dependent upon eligible
offender/telephone ratio.

Xll

100.00% Failure to provide the required
ratio will result in the Contractor
paying an additional I % of total
commission revenue owed to the
Department for the period(s) of
non-compliance for the facility
in non-compliance.

Section A

696-IT-9- I5-C0069
Offender Telephone System

C.3.1.1 , The OTS must be configured in
prepaid and collect, outward
C
calling mode, to landlines only.
Each number dialed must be
validated as a landline before a call
attempt is completed. The
Department acknowledges that
local number portability to cell
phones may result in lag time
when a landline number is
converted to a cell service, and this
penalty will not be assessed if the
Contractor can produce
documented evidence that the
number was validated as a landline
number before the call was
completed.

100.00% Each call outside of the
restrictions set by the
Department shall be assessed at
$500.00/call.

Calling must be available for all
locations within the continental
United States. There is no intent at
this time to allow calls to
international locations.
4

C.3.1.1, The Contractor shall ensure that no
confidential attorney-client
C
communication is monitored or

recorded by the Department or any
person acting on the Department's
behalf.
5

100.00% Each call outside of the
restrictions set by the
Department shall be assessed at
S500.00/call.

C.3.1.1, J When an offender dials a telephone 100.00% Each call outside of the
restrictions set by the
number and enters his/her PB 1 and
Department shall be assessed at
PIN, the OTS must have the
$500.00/call.
capability to compare the telephone
number dialed with the list of
allowed telephone numbers for that
specific PIN. Allowed calls will be
completed only after the validation.
Calls that are not on the allowed
telephone number list will not be
completed. An announcement shall
be provided stating that the call
was to an unauthorized telephone
number.

Xlll

Section A

696-IT-9-15-C0069
Offender Telephone System
6

C.3.1.2 The OTS shall be engineered to
ensure that only a minimum
amount (5% or less) of lines and/or
trunks per facility will be out of
service due to peripheral
component failure.

lOOJXJOIo Outages that exceed the 5%
minimum outage rate will result
in the Contractor paying an
additional I% of total monthly
commission revenue owed to the
Department for the period(s) of
non-compliance for the facility in
non-compliance.

C.3.2.2 The Contractor is responsible for
all resources necessary to provide
the services included in this
Contract. The Contractor shall
provide an adequate level of
staffing for provision of the
services outlined herein and shall
ensure that staff providing services
is appropriately trained, qualified
and licensed, if required.

98.00% Contractor shall be assessed
100% oflast incumbent's salary
for term the position is vacant
beyond an initial 30-day period to
screen and hire applicant(s).

C3.5

The Contractor shall provide
training on an as-needed basis
throughout the term of the
Contract.

lOOJX)% Contractor shall be assessed
100% of comparable
Department trainer salary
for each position reasonably
needed to train the
employees/offenders for
each day training is late.

C.3.6

The Contractor shall
acknowledge that the OTS is a
revenue stream for the
Department. Thus, any system
failure affects the revenue stream
and the Department requires that
any system failure shall be
restored to full capacity within
acceptable time limits.

lOOJ)O% A system failure which lasts
beyond twenty-four hours after
placement of service call will
result in liquidated damages in
the amount equal to estimated
commission revenue owed to the
Department that is lost for time
beyond the twenty-four hour
limit.

xiv

Section A

696-IT-9-15-C0069
Offender Telephone System
10

D.1

100.00'10 For each report that is not
received within five (5) calendar
days of scheduled due date,
Contractor shall pay an
additional 1% oftotal
commission revenue owed to
the Department of the month in
which the deficiency occurred,
unless both parties mutually
agree to a later date.

H.9

Contractor shall meet its
obligations to commence services
at the facility within the time
frames defined by the Contract. In
the event the Contractor fails to
meet those time frames as defined
by the Contract, absent force
majeure events and/or extensions
from the Department, the
Department will have the right to
calculate reasonable revenues that
are lost and charge the Contractor
for each day that the Facility is
inoperable due to delays caused by
the Contractor's nonperformance.

100.00'10 Failure to comply with
implementation schedule will
result in lost commission
revenue to the Department, and
Contractor shall pay the
negotiated rate of lost
commission revenue owed to the
Department per facility that fails
to be operational as scheduled.

The Contractor shall design and
manage the OTS in such a
manner that traffic demand will
never exceed capacity.

100.00'10 The Department will be
reimbursed for lost commission
revenue at any time that the
system capacity limits prohibit
all or some outbound calls to the
extent that such capacity limit is
due to the design or operation of
the OTS by the Contractor.

41.

Section K, Representations, Certifications, and Other Statements of Contractors
has been replaced with the signed copy submitted with the Contractor's proposal.

42.

Section L, Instructions, Conditions, and Notices to Contractors has been deleted.

43.

Section M, Evaluation Factors for Award has been deleted.

44.

Total number of pages has changed from 83 to 75.

696-IT-9-15-C0069
Offender Telephone System

SECTION A

TABLE OF CONTENTS
Page
SOLICITATION, OFFER AND AWARD

TABLE OF CONTENTS

CONTRACT DEFINITIONS

SECTION B - THE SCHEDULE

B.1
SERVICES AND PRICES/COSTS
B.1.1
Services Bein9 Acquired
B.1.2 Pricing Instructions
,
B.1.3 Rates, Fees and Costs
B.2 PRICING SCHEDULES
B.2.1
Standard Configuration

8
8
8
9
10
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11

SECTION C - DESCRIPTION/SPECIFICATIONSIWORK STATEMENT
C.1
BACKGROUND
C.2 STATEMENT OF WORK
C.3 SCOPE OF WORK TO BE PERFORMED
C.3.1 Functional and Technical Specifications/Requirements
C.3.2 Contractor Requirements, Responsibilities, and Staffin9
C.3.3 Other Requirements
C.3.4 Implementation, Installation, System Initiation, Testing and Acceptance
C.3.5 Trainin9
C.3.6 Maintenance and Support Requirements
C.3.7 Commission Requirements
C.3.8 Contractor Quality Control Plan
C.3.9 Contractor Communication
C.3.10 Added Value

11
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24
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31
37
39
.41
.41
.42
.42

SECTION D - REQUIRED REPORTS
D.1

REPORTS REQUIRED FROM CONTRACTOR.

.43

SECTION E -INSPECTION AND ACCEPTANCE
E.1
E.2
E.3
E.4

F.1
F.2
F.3

INSPECTION AND ACCEPTANCE OF SERVICES
MONITORING CRITERIA
AUTHORITY TO AUDIT
FRAUD, WASTE OR ABUSE

SECTION F - DELIVERIES OR PERFORMANCE

..44
44
45
.45

"."

PERIOD AND PLACE OF PERFORMANCE
OPTION TO EXTEND
TRANSITION OF CONTRACT

46
.46
.46
..46
47

SECTION G - CONTRACT ADMINiSTRATION
G.1
G.2

CLAUSES INCORPORATED BY REFERENCE
47
AUTHORITY - AUTHORIZED REPRESENTATIVE, CONTRACT ADMINISTRATOR AND CONTRACT
MONITOR
.47
G.2.1 Authorized Representative
.47
G.2.2 Contract Administrator
.48
G.2.3 Contract Monitor
.48
49
G.3 COMMISSION REMITTANCE
G.3.1 Commission Remittance by Direct Deposit
49
G.3.2 Late Remittance
.49
SECTION H - SPECIAL CONDITIONS

,
Page 2 of 75

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Offender Telephone System

SECTION A

H.1
INSURANCE REQUiREMENTS
H.1.1
Insurance Requirements
H.1.2 Additional Insurance Requirements
H.2 SUBCONTRACTORS
H.2.1
Insurance
H.2.2 Historically Underutilized Business
H.3 INTENTIONALLY LEFT BLANK
H.4 ORGANIZATIONAL AND NAME CHANGE
H.5 INTENTIONALLY LEFT BLANK
H.6 INTENTIONALLY LEFT BLANK
H.7 INTENTIONALLY LEFT BLANK
H.8 BOOKS AND RECORDS
H.9 DELAY OF SERVICES
H.1 0 INTENTIONALLY LEFT BLANK
H.11 INTENTIONALLY LEFT BLANK
H.12 UTILIZATION OF PRODUCTS AND MATERIALS PRODUCED IN TEXAS
H.13 CRIMINAL JUSTICE INFORMATION SYSTEMS COMPLIANCE

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52
52
53
53
53
53
53
53
53
53
54
54
54
54

SECTION I • GENERAL CONDITIONS

1.1
SEVERABILITY CLAUSE
1.2
ADVERTISING OF AWARD
1.3
DEFAULT AND TERMINATION
1.3.1
Default by Contractor
1.3.2
Further Opportunity to Cure
1.3.3
Remedy of the Department
1.3.4
Intentionally Left Blank
1.3.5
Intentionally Left Blank
1.3.6
Intentionally Left Blank
1.3.7
Termination by Mutual Agreement
1.3.8
Termination Procedures
1.3.9
Default by the Departmenl..
1.3.10 Remedy of Contractor
1.3.11 Dispute Resolution
1.4
NO WAIVER OF RIGHTS
1.5
INDEMNIFICATION OF THE DEPARTMENT
1.6
NO WAIVER OF DEFENSES
1.7
INDEPENDENT CONTRACTOR
1.8
LAWS OF TEXAS
1.9
ASSIGNMENTS
1.10 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS
1.11 APPROVAL OF CONTRACT
1.12 NON·DISCRIMINATION
1.13 CONFIDENTIALITY
,
1.14 CONTRACT CHANGES
c,
1.15 OPTION TO EXTEND THE TERM OF THE CONTRACT..

SECTION J. LIST OF ATTACHMENTS
J.1
J.2
J.3
JA
J.5

J.6

SITE LIST (4 PAGES)
DELETED
DELETED
CONTRACT PERFORMANCE MEASURES (3 PAGES)
TEXAS GOVERNMENT CODE, CHAPTER 495, SECTION 495.025, INMATE PAY TELEPHONE
SERVICE, ADDED BY ACTS 2007, 80TH LEG., R.S., CH. 100, SECTION 1, EFF. MAY 15, 2007.
PAGES)
EXECUTIVE DIRECTIVE, ED"03.32, OFFENDER ACCESS TO TELEPHONES (7 PAGES) ,

SECTION K· REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
K.1

56
56
56
56
56
57
57
57
57
57
58
58
58
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60
60
61
61
61
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62
62
63
63
63

HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

Page 3 of 75

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696-IT-9-15-C0069
Offender Telephone System

SECTION A

K.1.1
Definition
K.1.2 Representation
K.2 CHILD SUPPORT REPRESENTATION
K.3 FRANCHISE TAX REPRESENTATION
KA TYPE OF BUSINESS ORGANIZATION
K.5 PREFERENCE CLAIM
K.5.1
Source and Specification Preferences
K.5.2 Tie-Bid Preferences
K.5.3 Additional Preferences
K.6 REPRESENTATIONS OF OFFEROR
K.6.1
Organization and Qualification
K.6.2 Authorization
K.6.3 No Violation of Agreements, Articles of Incorporation or Bylaws
K.6A No Defaults Under A9reements
K.6.5 Compliance With Laws
K.6.6 No Litigation
K.6.7 Taxes
K.6.8 Financial Statements
K.6.9 No Adverse Change
K.6.10 Disclosure
K.6.11 No Coilusion
K.6.12 Ethics
K.6.13 No Compensation
K.6.14 Contracting with Executive Head of State Agency
K.6.15 Notification
K.6.16 Suspension, Debarment and Terrorism
K.6.17 Violation of Federal Law Relating To Reconstruction Efforts As A Result Of Hurricanes Rita,
Katrina or Any Other Disaster After September 24, 2005
K.6.18 Deceptive Trade Practices; Unfair Business Practices
K.7 REPRESENTATIONS OF THE DEPARTMENT
K. 7.1
Authorization
K. 7.2 No Violation of Agreements
K. 7.3 Disclosure
K.8 AUTHORIZED NEGOTIATORS
:
K.9 PAYEE IDENTIFICATION NUMBER
K.10 POINT OF CONTACT
K.11 CERTIFiCATION

Page 4 of 75

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65
66
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67
67
67
67
67
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68
69
69
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696-IT-9-15-C0069
Offender Telephone System

SECTION A

CONTRACT DEFINITIONS
Whenever the following terms are used in these contract documents, the intent and
meaning shall be interpreted as follows.
9x5 - 9 hours a day, 5 days a week.
24x7 - 24 hours a day, 7 days a week.
ADA - Americans with Disabilities Act.
Authorized Representative - The person designated in writing to act for and on behalf
of a party of this Contract, which designation has been furnished to the other party hereto
as described in Section G.2.1.
Biennium - Any of the two-year periods beginning on September 1 and ending on
August 31 of odd numbered years, which periods are used for budgetary purposes by the
State of Texas.
Business Hours - Defined here as 8:00 a.m. to 5:00 p.m., CDT, Monday through Friday,
except State of Texas observed holidays. However, on holidays and days for which
skeleton crews are required, services may be required.
Camp-on - A telecommunications system service feature that would enable complete
access to each individual line without the user being aware of the access attempt, in spite
of any type of call in progress.
CJIS - The Criminal Justice Information System.
Continental United States - The forty eight contiguous United States and Alaska.
Contract - This document of agreement between the Contractor and the Department,
issued by the Department in response to the Solicitation.
Contract Administrator - Employee of the Department's Contracts and Procurement
Department assigned to post the Solicitation, receive responses, facilitate the
negotiations, award the Contract and provide post award administration of the Contract
as described in Section G.2.2.
Contract Award Date - Contract signature date, duly authorized by both parties.
Contract Monitor - The Department employee responsible for conducting
comprehensive audit of this Contract as described in Section G.2.3.
Contractor - Embarq Payphone Services, Inc.
Days - Calendar days, unless otherwise specified as business days.

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Offender Telephone System

SECTION A

Department - The Texas Department of Criminal Justice (TDCJ).
Department Policies - All written policies, procedures, standards, guidelines, directives
and manuals of the Department, which are in effect or as may be amended from time to
time, which the Department has made available to the Contractor and with which the
Contractor has an affirmative obligation to be and remain familiar.
DRS - Digital Recording System.
DTMF - Dual-Tone Multi-Frequency. The version of DTMF used for telephone tone
dialing is known by the trademarked term Touch-Tone.
EFT - Electronic Funds Transfer, also known as direct deposit.
Fiscal Year - Any of the one year periods beginning September 1 and ending August 31,
which periods are used for annual budgetary purposes by the State of Texas.
NCIC - National Crime Information Center operated under the authority of the Federal
Bureau of Investigation.
.
OTS - Offender Telephone System also referred to as Inmate Pay Telephone Service.
PBI - Personal Biometric Identifier.
Performance Measures - Standards used by the Contractor and the Department to
determine the quality and acceptability of services to be acquired.
Person - Any individual, corporation, partnership, joint venture, association, joint-stock
company, trust, unincorporated organization, court or other tribunal, or government or
any agency or political subdivision thereof.
PIN - Personal Identification Number.
Quarter - Unless specifically noted otherwise, references to quarters and quarterly
activities related to the Department's Fiscal Year, with quarters beginning September 1,
December 1, March 1 and June 1.
Reorder Tone - A fast, busy signal.
Resolution - Restore system to full repair and system functionality.
Services Commencement Date - Award date, or date agreed upon to begin the
services. No services shall be provided prior to this date.
TCIC - Texas Crime Information Center operated under the authority of the Texas
Department of Public Safety.
TDCJ - The Texas Department of Criminal Justice, an agency of the State of Texas.

Page 6 of 75

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Offender Telephone System

SECTION A

TOO - Telecommunications Device for the Deaf. An electronic device for text
communication via a telephone line and is used when one or more of the parties has
hearing or speech difficulties.
Term - The duration of this Contract, as specified in Section F.1.
TPASS - Texas Procurement and Support Services, a Division of the Texas Comptroller
of Public Accounts.

Page 7 of 75

696-IT-9-15-C0069
Offender Telephone System

SECTION B

SECTION B - THE SCHEDULE
B.1

B.1.1

SERVICES AND PRICES/COSTS

Services Being Acquired

This is a Contract for a'statewide turnkey Inmate Pay Telephone Service, hereinafter referred
to as Offender Telephone System (OTS), for the Texas Department of Criminal Justice
(TDCJ), hereinafter referred to as the Department. This is a revenue based Contract, as
stipulated by Subchapter B, Chapter 495, Government Code, Section 495.025, INMATE PAY
TELEPHONE SERVICE.
The services provided should be based on the information provided in this Contract and should
represent the skills and expertise required for the successful completion of the project.
B.1.2 Pricing Instructions

Commission revenues shall be calculated as a fixed percentage based on the gross monthly
call revenues for all calls completed by offenders. All commissions the State will realize from
the OTS are to be described in detail in this item including the percentage of the commission.
The Contractor shall pay the Department monthly, a commission of not less than forty percent
(40%) of gross revenue billed.
Commission revenue begins to accrue when the first completed telephone call is made by an
offender. Only completed telephone calls are to be billed from the time that the end user
accepts the call and conversation begins. Incomplete calls are not billable.
Should any relevant regulatory entity (e.g. Federal Communications Commission (FCC), the
Public Utilities Commission of Texas (PUCT)) or legislative entity modify, eliminate, or
establish additional rates, fees or other charges that are allowed or required to be collected for
the services provided by Contractor during the term of the contract; the Contractor must notify
the Department in writing at least sixty (60) business days prior to implementation of any
required or permitted rates, fees, or other charges. Notification must include documentation
from the appropriate regulatory or legislative entity detailing the changes.
Should Federal or State statutes or regulations change in the future either reducing or
eliminating commissions or reducing the rates, fees or other charges that are allowed or
required to be collected by the Contractor for inmate calling services provided under this
Contract, the Department and Contractor agree to renegotiate such commissions andlor
contract rates, fees or other charges in good faith to preserve, to the greatest extent possible,
the economic benefits of this Contract that were contemplated by both parties, including
without limitation, the possibility of rebalancing any mandated rate reductions or commission
reductions by adjusting rates for other types of calls.

Page 8 of 75

696-IT-9-15-C0069
Offender Telephone System

SECTION B

Should a system failure prevent the accumulation of call data resulting in the loss of records
reflecting revenue, commission revenue shall be derived based on historical data.
8.1.3 Rates, Fees and Costs

The Contractor is responsible for ensuring that all telephone services and rates comply with all
applicable regulations including but not limited to the Public Utility Commission of Texas and
the Federal Communications Commission.
Rate Structures
Local Calls
The rate proposed and charged by the Contractor shall be a fully bundled
rate inclusive of all fees, taxes, surcharges, connect charges or other costs
are taxes or charges that are directly passed-through to the consumer.
through charges shall be excluded from the rate. Calls shall not exceed
county jails.

single per minute
unless such costs
Taxes and passrates charged by

Intrastate Calls
The rate proposed and charged by the Contractor shall be a fully bundled single per minute
rate inclusive of all fees, taxes, surcharges, connect charges or other costs unless such costs
are taxes or charges that are directly passed-through to the consumer. Taxes and passthrough charges shall be excluded from the rate.
Interstate Calls
The rate proposed and charged by the Contractor shall be a fully bundled single per minute
rate inclusive of all fees, taxes, surcharges, connect charges or other costs unless such costs
are taxes or charges that are directly passed-through to the consumer. Taxes and passthrough charges shall be excluded from the rate.
Rate Requirements
The Contractor shall provide rates based on three decimal places (e.g. $0.000). Rates shall
apply only from called party acceptance of a call until the call is terminated rounded to the
nearest whole minute (calls lasting up to and including 29 seconds over a whole minute shall
be rounded down, calls greater than or equal to 30 seconds over a whole minute shall be
rounded up). There shall be no charge for the time for prompts, rate information or other
functions. There shall be no additional charges or fees added to the cost of a call.

Page 9 of 75

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Offender Telephone System

B.2
B.2.1

SECTION B

PRICING SCHEDULES
Standard Configuration
Gig-E Infrastructure Design
Base Period - (9/1/2008 through 8131/2015)
Interlata

Intralata

Interstate

Local

Prepaid Collect

$0.260

$0.430

$0.260

Prepaid

$0.234

$0.387

$0.234

Collect

$0.260

$0.430

$0.260

Rates listed are per minute

Page 10 of 75

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Offender Telephone System

SECTION C

SECTION C - DESCRIPTION/SPECIFICATIONSIWORK STATEMENT
C.1

BACKGROUND

The Department is responsible for the supervision of approximately 155,000 incarcerated
offenders. The Department's mission is to provide public safety, promote positive change in
offender behavior, reintegrate offenders into society, and assist victims of crime.
C.2

STATEMENT OF WORK

Pursuant to Texas Government Code, §495.025, the Texas Department of Criminal Justice,
hereafter referred to as Department, requires a Contractor to install, operate and maintain an
Offender Telephone System (OTS) for eligible offenders confined in facilities operated by the
Department throughout the State of Texas. Such OTS shall be provided by the Contractor
without cost to the State, in which the Contractor shall pay the Department a commission of not
less than forty percent (40%) of the gross revenue received from the use of the system.
The Contractor shall deliver a turnkey solution, compatible at all designated facilities, to
include all necessary personnel, supervision, infrastructure, hardware, software, equipment,
installation, operation, maintenance, support, materials, supplies, transportation and services
(except as may be furnished by the Department as specifically identified within this Contract)
and all things necessary for or incidental to, a fully functional, administered and managed
offender telephone system at no cost to the State.
The Contractor shall be responsible for at a minimum, the major requirements outlined.
Specific deliverables associated with each major activity are identified where appropriate. A
brief description of each major activity is included to ensure a common understanding of the
services to be provided.
The specified requirements and standards will serve as the benchmark for monitoring the
Contractor's performance.
C.3

SCOPE OF WORK TO BE PERFORMED

The Department will look solely to the Contractor for performance. The Contractor is
responsible for all resources necessary to provide the services included in this Contract.
Services shall be provided statewide, the locations of which are listed in Exhibit J.1, Site List.
The terms, conditions and requirements of this Contract pertain to all Department locations
unless otherwise stipulated. The Department reserves the right to add, delete or change site
locations, and to increase/decrease the number of eligible offenders and/or telephones per
location or make other business decisions as necessary for the operation of the Department at
no cost or increase in rates.

Page 11 of 75

696-IT-9-15-C0069

SECTION C

Offender Telephone System

C.3.1

Functional and Technical Specifications/Requirements

The OTS shall provide prepaid and collect telephone service to eligible offenders confined in
designated TDCJ facilities.
At a minimum, the Contractor shall provide a system with the capacity and capability to:
~
~

~
~
~

~
~

Compile approved offender call lists;
Verify numbers to be called by offenders;
Oversee entry of personal identification numbers (PIN's);
Ensure that each eligible offender or person acting on behalf of an eligible
offender may prepay for the service;
Use a biometric identifier of the offender making the call;
Generate reports to Department personnel on offender calling patterns;
Network all individual facility systems together to allow the same investigative
monitoring from Department headquarters that is available at each facility;
Provide on-site monitoring of calling patterns and customize technology to
provide adequate system security;
Provide a fully automated system that does not require a Department operator;
Provide for periodic review by the state auditor of documents maintained by the
Contractor regarding billing procedures and statements, rate structures,
computed commissions, and service metering;
Ensure that a ratio of not greater than 30 eligible offenders per communication
device is maintained at each facility. The Contractor shall provide and maintain
a minimum of one (1) telephone per thirty (30) eligible offenders at all facilities;
and
Ensure that no charge will be assessed for an uncompleted call and that the
charge for local calls will not be greater than the highest rate for local calls for
offenders in county jails;

C.3.1.1 Functional Requirements

Contractor Requirements

The Contractor shall deliver a turnkey solution that provides a system with the capacity to use
a biometric identifier of the offender making the call, compatible via secure network at all
designated facilities.
Contractor shall
include all necessary personnel, supervision,
infrastructure (including a new telephone equipment room, terminal location and inside wiring),
hardware, software, equipment, installation, operation, maintenance, support, materials,
supplies, transportation and services (except as may be furnished by the Department as
specifically identified within this Contract) and all things necessary for or incidental to provide a
fully functional, secure, administered and managed offender telephone system at no cost to the
State.

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Offender Telephone System

SECTION C

System hardware shall include telephones, ADA devices, and TDD devices, mounting
equipment, switching equipment, monitoring and recording equipment, and power supplies as
required for the storage of all call records for a minimum of thirty-six (36) months. Certain
'flagged' records shall be stored and retrievable for the term of the contract. Portable offender
telephone sets must be provided for use if TDCJ requires this service at any time.
All
equipment shall be new and unused.
The Contractor shall assure quality operational service, including any necessary interfaces with
the regulated common carriers, as required for full system functionality.
Contractor shall repair or replace the OTS or any part of the OTS damaged or destroyed as
soon as access is available to the system.
B.

Department Requirements

The
The Department shall provide initial PIN numbers for assignment to offenders.
Department shall also provide, by offender, the approved list of person(s) allowed to receive
calls.
The Department shall notify the Contractor when the population of a designated facility
increases or changes to warrant additional telephones and associated lines.
The Department shall provide telephone usage parameters. The current Executive Directive
Policy on Offender Access to Telephones provides that eligible offenders shall have an
unlimited number of telephone calls up to one hundred twenty (120) minutes per month. Each
telephone call shall be automatically terminated after fifteen (15) minutes; however, the
Department may shorten the length of each telephone call to ensure all eligible offenders have
the ability to access the telephone system. The Department reserves the right to revise the
parameters of the OTS.
The Department reserves the right to approve, reject or request substitutions of
equipment/component parts. Ownership and responsibility of the entire system to include
software, hardware, all components and parts and maintenance support shall remain with the
Contractor unless otherwise agreed to in this Contract. Upon completion of the contract, the
equipment and infrastructure comprising the OTS (but excluding any proprietary software
systems used under license from the owner(s) of such intellectual property) become property
of the Department.
C.

Offender Telephone System (OTS) Requirements

The OTS shall have the same features and functionality at all designated Department locations
and must allow Department staff the ability to securely conduct system administration
functions.
The OTS shall be configured to ensure a ratio of not greater than thirty (30) eligible offenders
per telephone device at each facility. Contractor shall install and activate additional lines and
telephones within ten (10) business days from date of written notification by Department

Page 13 of 75

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Offender Telephone System

SECTION C

dependent upon eligible offender/telephone ratio. A reasonable amount of additional time will
be granted if special circuits are needed.
The OTS must be configured in prepaid and collect, outward calling mode, to landlines only.
Calling must be available for all locations within the continental United States. There is no
intent at this time to allow calls to international locations.
The OTS must be capable of being expanded and upgraded. Manufacturer hardware,
software and other system component and version upgrades released by the manufacturer
after implementation and installation of the system shall be made available to the Department
at no cost to the Department, or reduction in commission rates or increase in air time rates.
Installation of manufacturer upgrades shall be made available to the Department promptly
upon release. Upgrades or version releases that alter functionality of the system shall be
made after the Department is advised of changes in functionality and only after the changes
have been incorporated into training curriculum. The Department reserves the right to approve
upgrades prior to installation. Installation of expansion or upgrade shall notdisrupt service.
The OTS must allow the Department to assign globally allowed numbers such as Crime
Stoppers that will override any programmed restrictions. Additionally, the OTS must allow the
assignment of a list of specifically allowed numbers, such as attorney numbers, to be flagged
to override programmed recording and monitoring features. The Contractor shall ensure that
no confidential attorney-client communication is monitored or recorded by the Department or
any person acting on the Department's behalf. The Contractor must obtain from the State Bar
of Texas information regarding all attorneys in the State of Texas including telephone numbers.
Such information shall be updated on a regularly scheduled basis.
The OTS must also allow the Department to block offenders from calling certain selected
telephone numbers, area codes or exchanges including but not limited to the following: local
direct, credit card, third number, 1+, sent paid, all 0, 700, 800, 888 (includes all toll free area
codes) 900, 976, 950, 911, and 10xxx. The Contractor must have received Department's
written approval prior to biocking other similar numbers. The Department must be able to
block any other numbers at Department's sole discretion.
The system must be equipped for secure remote entry via the Internet or dial-up network, with
password validation, to perform such functions as traffic management, system administration,
maintenance diagnostics, real time monitoring of call and call records, or other functions as
deemed necessary to fully manage the OTS.
The system must be configured to log and report all system access and changes for auditing
purposes that provides the Department the capability to trace actions if necessary by unique
login user ID and time/date stamp.
The OTS must allow all offender telephones to be in use simultaneously, (e.g. telephones to
outgoing locations must be on a one-to-one basis).
The OTS must allow for Department personnel at facility and remote locations to immediately

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Offender Telephone System

SECTION C

shut-down and restart the system at individual facility sites or globally if required. The OTS
shall automatically shut down upon the Digital Recording System (DRS) site failure as well as
allow for Department personnel to shut down the system upon DRS failure to record. System
restart shall occur upon DRS repair to full functionality.
The OTS must provide the ability to establish schedules to initiate and suspend recording on
channel/line groups at specific times on specific days of the week. This feature must allow for
exceptions for certain days such as holidays and weekends so that schedules can be
overridden.
All OTS equipment shall be properly identified as "property of ("Embarg Payphone Services.
Inc.") to include toll free number to place service/support calls by authorized Department staff.
Offenders shall not have the capability to place service/support calls from the OTS telephones.
D.

Database

The Contractor will be responsible for populating and maintaining accurate and up-to-date
databases for the OTS. The Contractor shall provide all tools required for initial enrollment as
well as subsequent enrollments through the term of the Contract to include but not be limited to
staff, computers, software, documents, printers, scanners, forms, test equipment, training
materials, etc. Contractor will be responsible for all data entry and programming related to
initial and subsequent databases required for the term of the Contract. OTS shall provide
backup and restore capability that will facilitate the prompt recovery of the database in the
event of a system failure requiring database restoration.
Each offender shall have a Personal Biometric Identifier (PBI) which will be required to access
the system as well as a unique Personal Identification Number (PIN) to verify the PBI and to
provide the Department a means of controlling calls and capturing call record da\a. The PBI
must consist of fingerprints, retina scan, voice imprint, or other equivalent method of personal
identification. The PIN must consist of a minimum of eight (8) digits with the programmable
capability to increase the number of digits to at least ten (10) digits. The system must be
capable of accepting the designated offender identification numbers currently in use, and
correlating the PBI, the TDCJ offender number and full name and the PIN. The Department
reserves the right to discontinue use of the PBI requirement at its discretion.
The OTS must allow each offender to be assigned a set number of approved personal
telephone numbers that the offender is allowed to call based on information contained in the
offender's Visitor List as well as an attorney(s)as approved by the Department. The OTS must
be programmable to allow for restriction of the number of approved telephone numbers
(currently 10, not including attorney(s)).
E.

Access Control

The OTS shall provide multiple layers of access control. Department staff shall have the
ability to determine and assign security levels and access controls. A secure, validated
password must be used to access the system regardless of the administrator access level.

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SECTION C

Contractor shall specify password standards that will be utilized, e.g. length, special characters
and reuse guidelines, etc. Access must also be controlled by unique user ID's which shall
provide the capability to trace logged actions to the originator if needed.
Department staff shall have the ability to securely access the system via web browser or by
dialing into the OTS from any designated location, remote or otherwise, to perform, at a
minimum, the following tasks:

>>>-

Perform adds, moves, or changes;
Generate, order or view reports, e.g. administrative, standard or ad hoc; and
Monitor, record offender telephone conversations with the exception of
attorney-client communications, and terminate offender telephone calls as
deemed necessary by Department staff.

Adds,Moves,Changes
Contractor staff and/or Department staff shall be capable of performing adds,' moves and
changes. The Contractor shall have written procedures for performing such functions, as well
as authorization and audit trail features.
Reports
The system shall have the capability to produce management reports on scheduled and on
demand basis. Reports may be standard or ad hoc and available to be produced from all
stored data, (e.g. management,station, offender data, status, etc.). Production of reports shall
not negatively affect any portion of system operations. Report interface must be intuitive, well
documented, and easy to use. Reports must be able to be generated at the individual
facilities, regionally, at administrative locations, as well as via Contractor staff.
Record, Monitor Conversations, Terminate Calls
All call recordings and call records are considered evidence and become the exclusive
property of the Department. The OTS must prevent the recording and monitoring of
specifically identified categories of calls such as calls placed to legal counsel. No confidential
attorney-client communication shall be monitored or recorded by the Department or any
person acting on the Department's behalf. This exclusion must be accomplished by special
routing of these calls or through system programming.
The OTS must provide live monitoring capability via a line indicator at each facility and other
locations as designated by the Department (e.g. regionally, administrative locations, contract
monitor location, etc.). Monitoring of offender calls must not be detectable by the calling or
called parties and must not reduce the line volume that would warn the offender that the line is
being monitored. All recorded call messages must be labeled indicating calls may be
monitored and recorded.
The OTS must provide secure remote recording audio review to prevent unauthorized

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SECTION C

interception of audio review sessions to be used by authorized Department staff to access the
OTS and recorded information database from remote locations such as regional and
administrative offices or remote computers/laptops assigned to Department personnel.
Remote access must include significant, proven password protection to minimize unauthorized
access to or tampering with the recording system.
Connectivity for remote users wili be accomplished in a secure manner that does not require
the interconnection of the TDCJ intranet and the Contractor's network.
F.

Peripheral/Anciliary Equipment

The Contractor must provide PC workstations and ali peripheral and ancillary equipment
required to access one or many digital recording modules capable of recording thousands of
channels simultaneously. At a minimum PC Workstations and peripheral and anciliary
equipment shali be located at the facilities, regional offices, investigative offices, administrative
and contract monitoring locations, and security threat group offices.
The Contractor wili refresh the OTS components in years 4 and 7 of the contract.
workstations and printers wili be refreshed in year 5.

The

The Contractor must promptly instali ali relevant security patches and anti-virus updates to
remote workstations on the Contractor's network.
Digital Recording System (DRS)
The OTS must include a fuli-time digital recording system that wili cover each facility for ali
OTS telephone lines with additional growth capacity to aliow for expansion of the OTS. The
system must provide evidence of quality recordings.
The OTS must include the capability to simultaneously record all telephone circuits while
providing audio outputs for listening to selected circuits from facility, regional and administrative
locations.
Recordings must be mirrored and backed-up. Recordings shali be backed-up to removable
media and stored securely off-site to prevent loss. A recording, backed-up to a hard drive,
must be provided to maintain a current thirty-six (36) months of ali recorded conversations with
fuli and immediate access to records from local and remote locations. At the transition of the
contract, the Contractor must work with the new Contractor to transfer the recordings, intact, to
the new Contractor's equipment.
Recordings to a removable media must be possible. One-touch downloading is preferred.
Such recordings must be playable with any industry standard media player.
The archive media must provide for write protection such that data wili not be accidentaliy
overwritten. No intentional or accidental deletion of records can be aliowed.

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A library function is required in the system that will catalog and index every call transmission
allowing for fast retrieval. Key fields used for retrieval must include the offender PBI or PIN,
the date and time the call was made, name and number called, and other relevant data.
Playback from any drive or other recording media must not interrupt the recording process.
Simultaneous record and playback must be possible.
The system must be capable of Voice Operated Exchange (VOX) or continuous recording on a
line by line or channel by channel basis.
The DRS must provide an indication as to the recording space remaining on any and all media.
The DRS must provide for an append function enabling the Department to reposition to the
end of a previous recording.
The DRS must automatically make time .and date or daylight savings time adjustments while
continuing to record.
Uninterrupted Power Supply (UPS)
Contractor must provide an Uninterrupted Power Supply (UPS)/battery back-up for the OTS
and other ancillary equipment that will provide an automatic restart capability to return the
system to its previous operating state when power is restored (e.g. recording). The UPS must
prevent potential problems in the OTS caused by power surges and spikes. The UPS must
also ensure that there is no interruption of service due to loss of commercial power. A
minimum of eight (8) hours backup at full load is required.
G.

Announcements and Call Branding

All messages must be made available with English and Spanish options.
The OTS must ensure that the automated operator functions uses the offender's prerecorded
name (recorded either in the Department's or Contractor's staff's voice, at the Department's
option) to announce the call to a called party. This must be accomplished via the PIN
assignment per offender.
All calls placed from any facility via the OTS must be identified to the called party as follows:
This is a prepaid/collect (whichever is applicable) call from the following Texas Department of
Criminal Justice offender (insert offender's pre-recorded name). Contractor may recommend
additional recorded phrases and/or language; however, any changes must be approved by the
Department.
When the call is accepted, the system must state so that all parties hear that the call may be
monitored and recorded. The OTS must allow the called party's response via both voice input
and DTMF (touchtone dial pad) input indicating if they are willing to accept the call.

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If a call is not accepted by the called party, or if there is no answer, the OTS must inform the
offender of the situation and not simply disconnect the call.
H.

Call Detail Records

The OTS must provide full call detail records for administrative and investigative use as well as
for traffic management reports. Stored call records shall be encrypted to prevent unauthorized
access to vital records. All data becomes the property of the Department.
The OTS must buffer/store up to thirty-six (36) months of completed call records that can be
accessed at any time, including real-time. All call detail records must be collected, stored and
accessible real-time. Records shall not be stored in the individual telephones. The records
must provide the following minimum information on all outgoing calls:

>>>>>>>>>I.

Date and time call initiated and terminated;
Disposition of the call, indicating termination type, complete, incomplete, etc.;
Station number (or ID associated with home) originating call;
Complete telephone number dialed;
Trunk or station number used to place call;
Duration of call in minutes and seconds;
Total on messages, minutes and revenues;
PIN of offender placing the call, and associated offender name and TDCJ
number; and
Calls placed from a specific telephone or bank of telephones

Call Length Control

The OTS must allow a system-wide duration default with the duration to be determined by the
Department. The OTS must allow the Department to limit calls to a specific duration by PIN
and by specific telephone numbers assigned to a PBI or PIN. This default may vary by PIN
and/or facility. The OTS must allow Department administration to change the duration by PIN,
telephone number and/or site. Department requirements will be provided, in writing, prior to
implementation.
The OTS must have the capability of designating the length of the offender call and
automatically terminating the call at the expiration of that designated call length. This feature
must be programmable and the call length variable. The time limit must be set for each
offender, a group of offenders, or for e;;lch facility. An announcement must be given to both
parties one minute prior to the termination of the call.
Total flexibility must be provided to the Department for timing calls through the use of a
mechanism for designating the length of calls placed by offenders based on the day of the
week, the type of call, the offender's privilege level, or the Department facility.
The system must allow the Department system administrator the ability to designate different

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SECTION C

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Offender Telephone System

privilege levels or levels of access to individual offenders, and individual telephones.
J.

Call Validation

When an offender dials a telephone number and enters his/her PSI and PIN, the OTS must
have the capability to compare the telephone number dialed with the list of allowed telephone
numbers for that specific PIN. Allowed calls will be completed only after the validation.
Calls that are not on the allowed telephone number list will not be completed. An
announcement shall be provided stating that the call was to an unauthorized telephone
number.
The system must provide a report which identifies unauthorized telephone number dialed, as
well as other pertinent information such as offender name, PIN number, date and time call
placed, name and number called, duration, etc.
The OTS must allow specific telephone numbers to be fiagged for monitoring and other
investigative purposes. The system must be capable of downloading a list of specifically
identified numbers so that if a flagged number is called from an offender pay telephone, the
OTS will also call a designated cell phone or Department land line telephone number. This
feature allows Department staff such as an investigator the ability to camp-on the call to
monitor, disconnect, etc. at his/her discretion. The camp-on must be performed without a tone
or other notification. The system must be capable of multiple camp-on calls.
The system must provide a report which identifies the flagged telephone number dialed, as
well as other pertinent information such as offender name, PIN number, date and time call
placed, name and number called, duration, etc.
K.

Controlled Access

The OTS must give the Department the ability to control offender access to telephone facilities
by providing a means to program individual telephones and groups of telephones in or out of
service at pre-determined times, (e.g. telephones are active from 7:00 am to 10:00 pm CST, all
offender telephones system-wide would automatically become inactive at 10:00 pm and
remain inactive until 7:00 am).
Department staff must have the ability to immediately shut down the OTS and restrict all PSI
and PIN access quickly system-wide and selectively from a remote location as well as at each
facility. Department staff must be able to reset the system to working status after a shutdown.
Department staff must be able to restrict an individual PIN on an as needed basis or
immediately disconnect service to an individual offender telephone. Department staff must be
able to remove all restrictions, including call duration, on an individual PIN on an as needed
basis. PIN access changes shall be tracked and logged by unique user 10 and date/time
stamped to provide an audit trail of record changes.

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System must not allow offenders to access live operators. All calls shall be prepaid or collect, .
outward calling to landlines only. OTS shall block calls made to cell phones.
Dial tone must be presented immediately to all offender telephones in an off-hook position.
The OTS must not provide a second dial tone to an offender telephone without the offender
hanging up the telephone receiver after the first call is completed. The OTS must provide a call
setup time of approximately six (6) seconds or less from completion of dialing to first ring.
The OTS must allow for a maximum number of rings before an offender call is automatically
disconnected. The number of rings must be consistent with industry standards and approved
by the Department.
The OTS must provide notification to the caller of the call status such as ringing, busy, etc:
This notification may be in the form of ringing, busy tone, reorder tone, or appropriate recorded
messages. The OTS must not charge for incomplete calls or calls that result in these status
notifications.
L.

Fraud Control

Within current technology available, fraudulent use of the OTS must be controlled. The
Department will bear no responsibility for the loss of revenue as a result of fraudulent use of
the telephone service. Fraudulent calls will be the sole responsibility of the Contractor.
Logging shall be configured and enabled to record access to system in the event of fraud.
Logs shouid record unique user ID access with date/time stamp and actions taken.
The OTS must provide at a minimum the following aids in preventing fraudulent use:
Interference with secondary dial patterns;
Termination of calls if a second dial tone is detected;
Prohibition of switch hook dialing and call forwarding;
A non-billed interval at the beginning of the call;
Limitation on the number of times a telephone number may be redialed by the
offender within a specific period of time (parameters to be set by the
Department);
J.- Provide a three-way call detector as part of the OTS; and
J.- Information such as name, address, and billing information for the called
number as well as name, address and phone number or other identifying
information of the person(s) prepaying minutes.
J.J.J.J.J.-

Maintenance Diagnostics

A complete system test shall be done automatically at least once every twenty-four (24) hours.
The system software must be designed to interrogate the system to perform self-test
diagnostics and report back to the Contractor's help desk in real time. Detected errors must be
stored in memory for at least seventy-two (72) hours and transferred to a digital storage
medium that will save the information in a reportable format. System software must be

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SECTION C

designed to enable the rapid detection of faults in both hardware and software.
testing shall include the OTS and all components to include the DRS and UPS.

Diagnostic

Service Area Requirements

The Contractor shall be responsible for negotiating all billing arrangements. The Contractor
will complete calls into all domestic exchanges and be able to collect the appropriate revenue
for terminating the call whether or not Contractor currently has an automatic billing
arrangement.
O.

System Administration .

The Contractor must provide all hardware and software used in performing system
administration, monitoring, and management functions. Management of the OTS must be
password protected, allow for various levels of access and network with centralized system
administration at all designated facilities and remote locations. Contractor shall detail password
standards, provide unique user IDs, and ensure that changes are logged.
The system software must include the ability to change, modify, add, or delete database
information for PSI, PIN assignments, offender's allowed telephone number lists, blocked
telephone numbers lists, etc.
The OTS must support simultaneous access to all features and functions by Department
personnel at each location (e.g., a system manager and an investigator). Number of access
points required will be contingent upon number of eligible offenders per facility and will be
determined by the Department.
Detailed and thorough training shall be provided to Department system administrator as
detailed in Section C.3.5.
C.3.1.2 Technical Specifications Requirements
A.

Federal Communications Commission (FCC) Registration

Contractor must provide FCC registration information to the Department.
S.

Facility Type

Contractor shall detail by each designated site on the Site List (Exhibit J.1), the facility type
being used to provide services, e.g. T1, Analog Central Office Trunk, ISDN T1, etc.
C.

Critical Component Redundancy

The OTS shall be equipped with an automatic restart function that will engage after a power
failure.

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The OTS shall provide Critical Component Redundancy, back-up and mirrored data.
Redundant call detail records collection must also be provided.
The OTS shall be engineered to ensure that only a minimum amount (5% or less) of lines
and/or trunks per facility will be out of service due to peripheral component failure.
D.

Equipment Room/Infrastructure

The Department will work with the Contractor to provide room in existing facilities for OTS
equipment that has a minimal size requirement and does not interfere with the Department's
access, use, or potential use of the area where the equipment is located.
The Department reserves the right to make the final determination regarding equipment
placement in any particular space. However, the parties acknowledge that Contractor relied on
being able to place OTS equipment within existing Department space, with rare exception, in
formulating the calling rates set forth in Section 8.2.1. The Department will use commercial
best efforts to work in good faith with Contractor to provide space within existing facilities.
In the event that suitable space is not available in the Department's existing facilities, the
Contractor is responsible for providing a new or separate equipment room and terminal
location adjacent to existing telephone/computer buildings where the equipment is to be
installed. Contractor will be responsible for the construction of this building in a location
outside of the perimeter fence. Upon expiration of the contract, the building will become
property of the Department, will remain intact, and will not be removed from the premises.
Additionally, all OTs equipment located outside of a Contractor supplied building must be
physically secured in a locked enclosure for security purposes. The enclosure must be
designed in such a way as to not interfere with the normal equipment operation yet prevent
access or damage to the equipment by unauthorized persons.
E.

Offender Telephones

All offender telephones shall be:

:»
:»
:»
:»
:»
:»
:»
:»
:»
:»

Equipped with biometrics incorporated into instrument;
Wall mounted;
Stainless steel or equivalent;
Tamper-resistant (anti-vandal and anti-drill);
Of durable construction;
Flame retardant and must not give off toxic gases when subjected to fire;
DTMF compatible;
Labeled on the body per Department requirements;
FCC and UL approved with certification number;
Compatible with TOO devices and meet all ADA requirements. All facilities
must be supplied with a TOO device for use as needed;

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>>-

SECTION C

Equipped with hearing aid compatible handsets; and
Equipped with cords from the receiver to the body of the telephone that is
approximately two (2) feet and armored. The Contractor shall provide different
cord lengths at the Department's request.

Call Quality

At no time will the Internet be used to transmit the OTS voice and data.
Each installed location requires Quality of Service (QOS) for voice prioritized packet/packets
yielding a Mean Opinion Score (MOS) rating of 3.7 or better. If at any time this service falls
under the jurisdiction of a regulatory agency and more stringent standards are required, the
Contractor is responsible for meeting those standards.
C.3.2

Contractor Requirements, Responsibilities, and Staffing

C.3.2.1 Contractor Requirements and Responsibilities

The Contractor shall have direct oversight, be responsible for and monitor the performance of
all Contractor staff performing services under the Contract. The Contractor shall be
responsible for all expenses incurred on behalf of Contractor's staff positions including travel,
lodging, transportation, and meals.
C.3.2.2 Staffing

The Contractor is responsible for all resources necessary to provide the services included in
this Contract. The Contractor shall provide an adequate level of staffing for provision of the
services outlined herein and shall ensure that staff providing services is appropriately trained,
qualified and licensed, if required.
The Contractor is required to maintain a minimum of the below listed staffing plan unless a
reduction in that plan is mutually agreed to by the Contractor and the Department.

Shared Part
Staff
Dedicated
Time
The Contractor Team will utilize the following dedicated staff to support the construction,
implementation, and training of the OTS system:
Customer Service Manager
1
Proiect Director
1
0/
Proiect Manaaers
7
.L

Page 24 of 75

Term of the
Contract

696-IT-9-15-C0069

SECTION C

Offender Telephone System
Installation Technicians
24
Construction General Manaaer
1
Construction Foreman
6
Electrical Contractors
64
Field ReDairlSite Technicians
15
Service ReDresentatives
18
Data AdministratorslTechnical
HelD Desk
7
..I
Trainers
20
After successful installation of the OTS, the following dedicated staff will remain in place for the life of
the contract:
..I
Customer Service Manaaer
1
Field ReDairlSite Technicians
15
Service ReDresentatives
18
Data AdministratorslTechnical
HelD Desk
7
Additional (Shared) Resources:

"
"
"

"
"

"
"
"

"
"

Existing Field Service
Technicians
Embarq Field Repair· Cable
SDecialists
Embarq Call Center Reps
(ongoing quality assurance,
sDecial "hotline" situationsi

..I

Additionally, the Contractor's staff shall coordinate with and maintain a good working
relationship with Department staff and other Contractors working with the Department.
The Department will provide security for the Contractor's employees and agents consistent
with the security provided for Department staff at each facility.
The final selection of all staff assigned to provide services under this Contract shall be subject
to approval by the Department. Contractor employees may be removed from the Contract at
any time. The Department shall not employ criteria to approve or disapprove the selection of
Contract employees that exposes the Contractor or the Department to civil or criminal liability
under applicable federal or state civil rights laws, including, but not limited to, those laws
establishing or protecting employee rights.
The Contractor's staff on-site shall adhere to the standards of conduct prescribed in law, and
as prescribed in the Department's personnel policy and procedure guidelines, particularly rules
of conduct, employee uniform and clothing requirements (as applicable), security procedures,
and any other applicable rules, regulations, policies and procedures of the Department. The
Contractor's staff shall be subject to and shall comply with all security regulations and
procedures of the Department and the respective facility. Violation of regulations may result in
the employee or individual being denied access to the facility. In this event, the Contractor
shall provide alternate personnel to supply services described herein, subject to Department
approval.

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SECTION C

Throughout the term of the Contract, the Contractor shall at a minimum:
~
~
~
~
~
~

Provide a Project Manager who will be the single point-of-contact assigned to
the project from contract award to implementation, acceptance and go-live;
Provide qualified personnel to perform the services required;
Provide the Department prior written notice of placement and/or replacement of
personnel, or any plan to place and/or replace personnel;
Remove and replace personnel at the request of the Department;
Assure personnel follow laws, rules, regulations, standards, policies and
procedures; and
Provide criminal history information and information for employee background
checks.

Provide Project Manager

Contractor shall assign a Project Manager dedicated to this Contract full-time from contract
award to implementation, acceptance and go-live. The Project Manager will be responsible for
coordinating with Department staff the status of the entire project and be the single point-ofcontact during project implementation.
B.

Provide Qualified Personnel to Perform the Services Required

Contractor shall provide the number, job descriptions and locations of dedicated staff offered to
support this Contract and Resumes of prospective contract staff for the Department's review
and approval. Submitted Resumes shall include at a minimum, qualifications, years of
experience and educational background related to this Contract. Contractor shall use only
qualified and fully trained employees in the performance of the Contract and shall make
available upon request training records of those employees.
In addition to the Project Manager, Contractor shall provide at a minimum the following
positions or similar positions in support of this Contract:
Provide Customer Service Manager and Alternate, as Required:
Contractor shall assign a full-time Customer Service Manager exclusively to this Contract. An
alternate representative shall be assigned in the absence of the assigned Manager. The
Department shall review the Resume and qualifications and shall either approve or disapprove
the Contractor's selection for the position. The Customer Service Manager shall have
extensive management experience with emphasis in contract management of contracts of
similar size and scope.
The duties of the Customer Service Manager shall include, at a minimum:
~
~

Overall performance of the Contract and general project management duties;
Account management;

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>>>>>-

SECTION C

Resolution of billing problems;
Resolution of technical issues;
Training;
Attendance at on-site meetings; and
Promptly responding to Department and offender family requests, which shall
include, but not be limited to e-mail, telephone and facsimile requests.

Field Repair/Site Technicians
The Department is requiring Field Repair/Site Technician positions dedicated to the Contract.
Field Repair/Site Technician positions shall be strategically located in proximity to Department
sites and shall be directly responsible for providing preventative maintenance, installation of
cable and equipment, technical support and repairs as necessary, and provide on-site
assistance to Department personnel to ensure customer satisfaction.
Service Representatives
The Department is requiring full-time Service Representative Positions dedicated to the
Contract.
Service Representative positions shall be responsible for making data entry input and changes
to the offender telephone access information including initial input and subsequent updates of
approved offender PSI and PIN, authorized calling numbers, and shall provide general
customer service to Department staff for the term of the contract.
Data Administrators
The Department is requiring full-time Data Administrator positions to provide OTS coverage
and shall be located at the Contractor's monitoring center to support the OTS. Duties include
monitoring the system network to detect any problems and remotely correct identified
problems. If Data Administrators cannot remotely correct or repair system problems, they are
responsible for dispatching the appropriate field repair/site technician to the facility to make
repairs as necessary.
Trainers
The Department is requiring Trainer positions dedicated to the training requirements of the
Department. These positions shall be available for travel to Department facilities throughout
the State to provide training to Department staff and offenders as needed. This position shall
also ensure that Department training material is updated and current.
C.
Provide the Department Written Notice of Placement and/or Replacement of Personnel,
or any Plan to Place and/or Replace Personnel

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SECTION C

Placement and/or replacement by the Contractor of key personnel assigned to this Contract
shall be allowed provided the Department gives prior written approval.
D.

Remove and Replace Personnel at the Request of the Department

The Department shall have the right at any time to request the removal of any of the
Contractor's employees/subcontractors. The Contractor shall use all reasonable efforts to
promptly replace such employee/subcontractor with a team member possessing skills,
experience and training that are equal to or exceed those of the position description.
E.
Assure Personnel Follows Laws, Rules,
Procedures

Regulations, Standards, Policies and

It is the Contractor's responsibility to ensure that all contract employees are familiar with
Department regulations. Contractor standards of conduct, notification of background checks,
relevant policies and/or statutes are incorporated as reference.
Prior to Contract implementation, the Department representative shall be provided a list of all
contractor employees involved in this Contract who at any time have ever been sentenced to
any facility of the Department. Said list should include name, TDCJ offender number, and the
nature of the offense and the sentence. Prior approval must be obtained before an ex-offender
may enter any Department facility.
Any Contractor employee that has any relative, either blood or by marriage within the second
degree of affinity or consanguinity, that is (or may become during the project) an offender at
the facility where the work is to be performed must notify the Department representative in
writing prior to starting work, or immediately upon learning of same.
Contractor shall make all its employees involved in the project aware that possession of guns,
weapons, illegal drugs, alcoholic beverages and/or other items of contraband on property
owned or leased by Department is a felony. Violators will be prosecuted. Additional
contraband includes Personal Digital Assistants, cell phones, and cameras.
Contractor shall caution all employees involved in this Contract against becoming familiar with
offenders and/or the offenders' families. Contractor employees shall not bring anything to any
. offender nor shall they carry anything out for any offender.
The Department reserves the right to ban any Contractor employee from entering the property
of the Department who fails to comply with any regulations.
1.
The Contractor is responsible for the conduct arid behavior of all persons working at a
Facility (including consultants, independent contractors and their employees and agents) and
shall ensure the Department's policies are followed. Should a violation occur, the Contractor
shall take corrective action acceptable to the Department.
2.

Contractor shall provide services to the Department that are in compliance with all

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SECTION C

applicable local, state, and federal laws, rules and regulations now in effect or that become
effective during the term hereof including but not limited to, Civil Rights Act of 1964; Title VII of

the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; the Age of
Discrimination in Employment Act; the Immigration Reform and Control Act of 1986; Code of
Federal Regulations, Title 42, Part 2 (regarding information about drug and alcohol abuse
offenders); Environmental Protection Department (EPA) Rules and Regulations; Texas Code
of Criminal Procedure; Texas Health and Safety Code, Chapters 85, 595, 611; Texas
Administrative Code, Title 25, Chapter 403, Subchapter K (regarding offender identifying
information); the Americans with Disabilities Act of 1990; the, Civil Rights Act of 1991;
Occupational Safety and Health Act (OSHA) of 1970; Section 231.006, Texas Family Code; Texas Government Code, Chapters 492-508, 783, 2254, 2259, and 2260; Uniform Grant
Management Standards (UGMS); and any and all relevant federal and state financial cost
principles and audit requirements; and any and all rules, policies and procedures established
from time to time by the Department and the Texas Board of Criminal Justice. When
differences' between applicable standards exist, the higher standard, as defined by
Department, will prevail.
3. The Contractor's employees/subcontractors shall adhere to the following Department's
Policies and Procedures (Reference: (http://www.tdcj.state.tx.us/vacancy/hr-policy/index.htm)
and any subsequent revisions thereafter, as follows: PD-03, Employee ID Cards dated
September 1, 2005 (Rev 5), PD-22, General Rules of Conduct and Disciplinary Action
Guidelines for Employees dated August 1, 2006 (Rev 10), PD-28, Dress and Grooming
Standards dated November 1, 2005 (Rev 4), PD-29 Sexual Misconduct with Offenders, dated
October 1, 2007 (Rev. 2), and PD-75, Applicants with Pending Criminal Charges or Prior
Criminal Convictions dated April 1, 2008 (Rev 6), which shall serve to guide employee
behavior in relationship to other employees, offenders, and the public.
The Contractor, in its performance of the contract, shall comply with other Department policy
statements contained in the Department Policies as they relate to this Contract (e.g. ED-03.32,
Offender Access to Telephones), Contractor shall not deviate in any material respect from
applicable Department policy statements in the provision of services without the prior written
approval of Department, which approval shall not be unreasonably withheld by Department.
Contractor's written request for deviations from said policy statements as they relate to this
Contract shall originate from the Authorized Representative of the Contractor and shall be
made to the Contract Monitor. The Contractor's written requests for deviation shall contain
language which details the specific deviation with reference to the policy number, section,
paragraph, etc., as well as the justification for such deviation.
Breach of either physical security or information security by any employee/subcontractor shall
require immediate removal of the employee/subcontractor from the Contract. Immediately
upon discovery of the breach of security, Contractor shall notify the Department of the breach
and provide a written report within twenty-four (24) consecutive hours to include, at a minimum,
date and time of the breach, how the breach occurred, name of offending parties, if known,
extent of damage or potential damage, name of Contractor management person conducting
the investigation, and action(s) taken by Contractor for remedy.

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Contractor shall notify Department within twenty-four (24) consecutive hours of an employee's
arrest.
The Department shall provide the Contractor written notification, within twenty-four (24)
consecutive hours, of a failure to adhere to PD-22. Violations of PD-22 that involve a breach of
corrections management security require immediate removal of the employee/subcontractor
from the property of the Department. The Contractor will be required to remove said
employee/subcontractor from the project.
In the case of violations of PD-22 that do not involve a breach of correctional management
security, the Department may require the employee/subcontractor to cease all activity and
remove self from the property of the Department. At the Department's discretion, the
Contractor may be required to remove said employee/subcontractor from the project.
Upon request by the Department, the Contractor shall provide for replacement of an
employee/subcontractor found to be in violation of PD-22. The Contractor shall use all
reasonable efforts to promptly replace such employee/subcontractor with a team member
possessing skills and training that are equal to or exceed those of the individual being
replaced.
F.

Provide Criminal History Information and Information for Employee Background Checks

Contractor staff with access to confidential/security sensitive data shall be security cleared.
Contractor shall not employ any person working directly on this Contract with a misdemeanor
or felony conviction without prior written approval of Department. This includes any employee
with a criminal history who is employed by Contractor at the time of award. Contractor shall
comply with PD-75 in determining eligibility for employment. Contractor shall provide
Department with a current list of all employees including position title and whether or not the
employee has/had a felony conviction, at the beginning of the contract year, and upon each
occurrence.
Contractor agrees to provide a completed TDCJ Non-Employee Background Questionnaire for
each of its current and future employees and subcontractors who work under this Contract in
locations where the Department's data is stored and processed, in order that a Texas Crime
Information Center/National Crime Information Center (TCIC/NCIC) criminal history check can
be performed by the Department.
A background investigation, to include a NCIC and TCIC records check, shall be conducted by
the Department for each employee (including consultants, independent contractors and their
employees and agents who work on a routine basis on this Contract) prior to being assigned
by Contractor to perform work at a Facility. Fingerprinting may be required as part of the
investigation.
Contractor must receive a written notification from the Department indicating pass status on

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the criminal history check prior to allowing the employee/subcontractor access to areas where
the Department's data is stored or processed. Contractor also agrees to ensure that no
persons working for Contractor or subcontractors whom have not received TCIC/NCIC criminal
history clearance from the Department will be allowed in areas where the Department's data is
stored or processed without an authorized Department escort.
Replacement by Contractor of an employee/subcontractor performing under this Contract shall
be at the discretion of Contractor provided the replacement staff passes a TCIC/NCIC criminai
history check by the Department.
.
C.3.3 Other Requirements

The Contractor will have complete end-to-end responsibility to assure operational and quality
service, including but not limited to, any necessary interfaces with the regulated common
carrier, etc., and the availability of the required central office facilities.
Contractor will be responsible for all cost associated with compliance with the Americans with
Disabilities Act (ADA) as it relates to access to public telephones.
Contractor shall describe in detail any Disaster Recovery Plan in place that would provide for
the recovery of data in the event of system failure, a catastrophic event, a natural disaster or
other event that causes loss of the system or data. In the event of a database or central
processor failure, all offender telephones must retain all capabilities, restrictions, validations,
and system integrity. The plan shall provide proof that the OTS will be restored to the exact
configuration and restrictions as prior to system failure, and that all records are restored. The
Department accepts no liability for equipment or infrastructure, damaged or destroyed by
accident, natural disaster, lightning strikes, intentional or accidental misuse of equipment, fire,
social insurrections; etc. The Department shall have no responsibility or liability and shall be
held harmless for all costs for any call billing, charges, payments, uncollectible charges, or
fraud under this contract. The Department shall not be held liable for any potential revenue
loss due to any decision on the part of the Department to disconnect third party call after
detection or for any other limitation of services or access including but not limited to disciplinary
actions and lockdowns.
All information and databases associated with the OTS are the property of the Department and
shall not be given, sold, or used for any other purpose outside of the OTS without express
written consent from the Department. Upon termination of the contract, data shall remain with
or be transferred to the Department.
C.3.4 Implementation, Installation, System Initiation, Testing and Acceptance

C.3.4.1 Implementation

It is understood and acknowledged by the parties that the work cannot be efficiently completed
without the use of a competent plan, updated frequently and utilized by the Contractor for the

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planning, management, and coordination of the work. Therefore, the requirements of this
Contract as to scheduling and reporting, as well as time limits for completion of the work, are of
the essence.
The Department must provide written acceptance of an approved Implementation Plan prior to
commencement of any work. Contractor shall provide a clearly tabbed and detailed
Implementation Plan and Schedule to include all sites identified in the Site List. Synopsis of
each deliverable must include staff requirements, length of time required per deliverable, and
timeline.
The Contractor will use calendar days with the effective date of this Contract being day one.
The Implementation Plan must include a schedule that includes a timeline in which all system
components must be completely installed and fully functional by designated facilities on the
Site List.
The Implementation Plan must include at a minimum the following deliverables or sections.
~
~
~

~
~
~

~
~
~
~
~

~
~
~
~

Introductory 'kick-off meeting;
Planning (site plan by location);
System Design (equipment/infrastructure);
Security Plan Documentation (access/data);
Project Schedule (Timeline);
Staffing Plan - Number of staff dedicated to the project by job title and job
description. Plan must include the Contractor's expectations of both Contractor
and Department staff. A dedicated Project Manager (single-point-of-contact)
must be assigned and included in the staffing plan through implementation and
'go-live';
Infrastructure procurement and installation;
Equipment specifications, procurement and installation;
Training;
Testing;
Delivery and Acceptance;
Database Management;
Enrollment;
Go-Live;
Updating;

Repo~ing;

System Management;
Documentation (System design, training manuals, etc.);
System Maintenance and Support; and
Transition plan.

~
~
~

Potential called parties must initiate a registration process in which the called party will be
required to call into a Contractor supplied registration system (either automated or staffed),
from the number that the offender calls will be going to. The caller must supply both a credit
card number and a driver's license or state identification card number. The credit card

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number and driver's license/state identification card number must both be validated by the
vendor before the registration process will be completed. This validation must be through
the credit card company and the appropriate DMV/Public Safety Office. Should either
number fail to validate, the party should be directed to an alternative registration process form
with which to provide required information and submit with a copy of his/her phone bill and
driver's license/state identification card.
The registration must be recorded and include a positive affirmation that the caller is the
registered owner of the phone from which the call is being made, will allow offender phone
calls to that location, and will accept financial responsibility for offender phone calls to that
location.
In regard to alternative identification documents in the event that a credit card is unavailable,
the Department will not accept faxed copies of phone bills as proof of identity and insists that
the Contractor verify that copies submitted are legible. The Department also expects that this
documentation would be readily available to us in the event that it is needed for investigative
or prosecutorial purposes.
The Department will furnish, in electronic format, the offender's visitation list. The list may
contain phone numbers of visitors but should not be considered a source of phone
numbers. The visitors will be required to register with the Contractor, and then the
registered visitors will be validated against the visitation list, by the Contractor. The
Department will not be responsible to supply or validate phone numbers at any time. The
Contractor is required to validate all telephone numbers against the various victims
databases and the appropriate state bar association if an attorney number is given.
The Department will furnish a daily electronic file with the names, TDCJ number, and location
of offenders which are eligible to make phone calls. It will be the Contractor's responsibility to
compare the list of eligible offenders against the list of enrolled offenders and locate, and
subsequently enroll, within a reasonable time period, the offenders that have become eligible
but are not enrolled. The Department will not be responsible for tracking individual offenders
through the system.
Each eligible offender will be enrolled and verified, physically and in-person, by the
Contractor's personnel.
The Contractor's enrollment responsibilities include positive
verification of the offender's identification, maintenance of a log detailing offender's
information and person responsible for enrollment.
The Contractor will be responsible for all initial and ongoing enrollments (to include the intake
facilities). The Department does not have personnel available to supervise enrollment
activities, either initial or ongoing as previously ineligible offenders become eligible. The
Contractor will be responsible for developing and implementing a supervised enrollment plan
that will assure that all eligible offenders are enrolled within a reasonable amount of time after
becoming eligible. There will be no unsupervised enrollment method (self enrollment)
allowed.

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The Department realizes that it would not be prudent for the Contractor to keep sufficient
resources to staff each facility every day. The Contractor is ultimately responsible for
determining the staff necessary to meet the enrollment requirements of the Department.
All attorneys will be enrolled in the same method as called parties. The Contractor will be
responsible for verifying all attorney numbers submitted against the relevant state bar
attorney phone lists.
The Department will work with the Contractor during implementation to develop acceptable
called party customer service metrics and performance measures. Superior customer
service is a priority to the Department.
The Department expects to hold regular performance meetings with the Contractor in which
performance issues, including customer service, will be discussed. These meetings will
occur at least once quarterly. The Department requires the Contractor to be responsive to
the Department's customer service needs, including needs of the called parties. Additionally,
the Department expects the level of customer service outlined during the negotiation
meetings presentations.
Offenders will be allowed to have a prepaid telephone account. The prepaid account will not
be connected to the offender commissary account in any manner.
All ancillary fees and account policies (account maintenance fees, deposit fees, statement
fees, etc.) will be disclosed to the parties establishing an account repeatedly and in a
prominent manner. The Department requires that inactive accounts be refunded to the
account holder, or reactivated at the request of the account holder (to be used and not left
inactive), at no charge, provided the request for refund or reactivation is received by the
Contractor no later than one (1) calendar year from the date of determination of inactive
status. The request for refund must be allowed to be made in a convenient format, such as
IVR, staff assisted call, mail or fax, or via website with reasonable security measures in place
to verify the identity of the account holder. Any activity and amounts related to the
Department's contract will be reportable to the Department. The Contractor will be
responsible for proactively contacting parties whose account is nearing inactivation and
notifying them of their options. The Department requires that credit card / check by phone (if
allowed) fee be limited to $5.00 per transaction. The minimum transaction must be $25.00
and the maximum transaction can only be $100.00. Funds deposited by personal check or
money order will be at no cost to the customer.
Statement fees for collect calls billed by the LEC will be limited to $2.50. If a customer needs
a copy of a statement mailed, the customer can be charged a cost recovery fee. Statements
printed from the Internet should be available at no charge to the customer.
There will be no account initiation fees and no maintenance fees charged to the customers.

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Offender Telephone System
C.3.4.2 Installation

The Contractor will be responsible for the complete engineering and installation of the OTS,
including all station and other miscellaneous hardware as called for in these specifications.
The Contractor shall install the system utilizing generally accepted telephone industry
installation practices.
All mounting units, such as racks, terminal cabinets, distribution closets, and backboards, will
be equipped with terminal connections to which all entering cables shall be wired. Terminal
connections will be placed as near as possible consistent with accessibility to a point where
cables would normally enter.
Any splices in the system wiring must meet current Electronic Institutional Association/
Telephone Institutional Association (EIAlTIA) specifications.
The Contractor shall comply with all city, county, state, and federal codes, rules, regulations,
and/or agencies, regarding the installation of the system including furnishing the necessary
labor and materials to meet the above codes. The Contractor shall furnish all licenses and
permits, etc. required for the installation of the system. The Contractor will install the system
utilizing the generally accepted latest American National Standards Institute / National
Electrical Code (ANSIlNEC/EIAlTIA) installation practices.
The Contractor shall provide the Department with a complete record of the cable counts and
station numbers. The Contractor shall provide the Department with "as-buill" drawings for all
infrastructure modifications, installation, and new equipment rooms/buildings. All cabling shall
be labeled at each end per ANSIITINEIA.
The Department expects that a soft or hard copy of each and every applicable code,
regulation, or standard that was used to install the OTS to be provided to the
Department's designee, free of charge, and updated as applicable., The Contractor may
either directly provide the software license, or reimburse the Department for the cost of
the license if assignment or transfer of the license is impractical.
The Contractor shall provide all labor to install all equipment as defined and engineer, prepare
software database, test and cutover the system as specified.
C.3.4.3 System Cabling

The Contractor shall be responsible for providing, both inside and outside plant wiring to
include all labor and materials required for proper system functioning.
All cabling will be placed in conduit. All exterior, exposed conduit will be rigid. Within buildings,
EMT with compression fillings, may be used, when placed above 12' in height. Conduit below
12' in height should be rigid conduit. Conduit will be used in the tunnel, spine and pipe chase

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areas. Conduit shall be sized as per NEC fill codes (minimum 0/."). Conduit brackets and
support should be per NEC standards. All OSP applications wili be in Schedule 40 PVC
conduit unless OSP, direct burial, PE-89, filled, gopher resistant cable is used. All direct burial
cable will be at a minimum of 24" deep with a 3" marker tape installed at 12" above the cable.
All new inside wire provided from distribution closets to stations will be, at a minimum, category
3, 4 pair, 24 AWG plenum white inside wire for voice applications and category 5E, 4 pair, 24
AWG, plenum, blue for data applications.
All jacks will be RJ11 for voice applications and RJ45 for data applications.
The Contractor shall be responsible for providing all inside wiring for the OTS for new buildings
added to each facility and any major changes in housing units.
The OTS will be responsible for providing all voice, data, and outside plant cabling required for
a proper functioning system. Cabling and infrastructure shall be secured to prevent
unauthorized access or abuse.
Outside plant cabling is to be PE-89 24-AWG filled direct burial type cable. These cables are
to be terminated with lightning protectors and equipped with sheath bonds and grounds as per
ANSIITINEIA specifications.
The Contractor must provide the metallic conduit in new or existing buildings for cabling.
All cables, wires, and equipment will be firmly held in place. Fastenings and supports shall be
adequate to support their loads with ample safety factors. All cables outside of equipment
room shall be in metallic conduit.
The Contractor shall notify the Department before any excavations are started. This notice
must be provided a minimum of forty-eight (48) hours prior to excavation. 1-800-DIG-TESS
shall also be notified.
The Contractor shall be responsible for replacing, restoring, or bringing to at least original
condition any damage to floors, ceilings, walls, furniture, grounds, pavements, sidewalks, etc.,
caused by Contractor's personnel and operations, subject to final approval of the Department.
The repairing will be done only by technicians skilled in the various trades involved, using
materials and workmanship to match those of the original construction in type and quality.
The Contractor shall act as the agent of record to the local telephone company on behalf of the
Department for offender telephone service for each site. This statement in no way conveys
that the Contractor will act as the agent of record regarding any services other than for the
offender telephone service.

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C.3.4.4 Testing and Acceptance

Final system design and software database must be approved by the Department prior to
system initiation. Contractor will test the software database, network facilities, switching
systems, and all hardware and software components to ensure each and every system feature
and service is functioning and operational to the Department specifications and requirements.
Contractor shall provide test results to the Department prior to implementation as well as all
system documentation and related manuals. The Department shall provide final approval in
writing prior to 'go-live' operations.
The purpose and net result of the acceptance test is to determine that the OTS installed meets
the technical and functional requirements outlined in this Contract. A system considered
"acceptance test ready" is defined as a system that has completed a full system test with no
known outstanding material defects.
Contractor shall conduct an operational system test of the proposed system and certify, in
writing, that the system is ready for acceptance testing and will perform in accordance with the
requirements stated in this Contract. The Contractor shall ensure that the system, in general,
and each module of the system, in particular, operates according to specifications before
turning the system over to the Department. Department personnel will not debug modifications
for the Contractor.
The Department will.have ten (10) business days to test all aspects of the system to ensure it
is functioning as specified. If any aspect of the system fails to function as specified, the
Contractor will be given five (5) business days to correct the malfunction. The Department will
have another ten (10) business days to test and accept the system.
If the Contractor fails to correct defects after a second five (5) day period, the Department
reserves the right to require replacement of the system.
Acceptance testing shall not in any way relieve the Contractor of its responsibilities to correct
any defect during the term of the contract.
Prior to final acceptance by the Department, the Contractor must have satisfactorily completed
the training program for system administrators and offenders as specified in Section C.3.5
Training.
C.3.5 Training

The Department expects considerable, on site training of officers, administrators, and
investigators utilizing the system. The on site training will be conducted initially as weli as
periodically afterwards. The training will be customized to meet the needs of different user
levels (monitors, administrators, investigators, security threat group personnel).
The
Department expects that training materials (manuals, dvds, videotapes) will be left at each site
to facilitate training new personnel as needed. The Department expects these training

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materials to be refreshed as updated trainings are developed. The Department estimates that
the number of personnel per facility to be trained is somewhat proportional to the size of the
facility. The Department submits the following facility training needs.
0-500 Capacity Unit
500-1,200 Capacity Unit
1,200+ Capacity Unit

25 staff
30-40 staff
40-60 staff

The training may not occur all at once. Training classes should be tailored to the need of the
user. The Department will take reasonable steps to aggregate those who need similar training
on a local level in order to optimize class size. The Department anticipates that training should
be three to five days total length .
Training shall be provided initially and throughout the term of the Contract.
shall provide training on an as-needed basis throughout the term of the
Contractor shall provide training materials for each designated site that shall
and updated throughout the term of the contract. Si-Iingual training shall be
required.

The Contractor
Contract. The
be kept current
available when

In the case of a system upgrade that involves procedural changes in placing calls and/or
administration of the system, the Contractor shall provide additional on-site training for systems
administrators and offenders as needed.
C.3.5.1 System Administrator Training

Thorough live, hands-on instruction for all system administrators and other authorized
Department staff shall be provided by the Contractor, with emphasis on all features and system
design prior to system initiation. Operational manuals, either paper or electronic, shall be
provided.
Contingent upon the number of eligible offenders. per facility, the Contractor will conduct
systems administrator training to approximately three (3) or more employees per facility, on the
operation of the features, management, and utilization of the system, including the digital
recording system. Training will also be provided to Department staff at other locations to
include but not be limited to regional offices, administrative locations and contractor monitor
site. Training will be complete within a reasonable time prior to system initiation and will be
conducted on the premises of each site.
Training will include at a minimum, software programming as required for adding, deleting, or
changing PSI's, PINs and offender's allowed call telephone number lists, blocking numbers
from being called by offenders, proper record keeping, monitoring, reporting, revising system
calling parameters, and trouble reporting procedures.

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C.3.5.2 Offender and Approved Call List Training

The Contractor shall conduct offender training on how to place calls. Contractor may utilize a
video presentation that can be shown to a controlled group of offenders or those unable to
read or comprehend written literature. Training should occur within a reasonably short period
of time prior to implementation of the system at each site. Bi-Iingual training shall be available
when required.
Instructions for placing a call must also be printed on each offender telephone in both English
and Spanish. Additionally, all telephones must be labeled indicating calls may be monitored
and recorded.
Training shall also be provided to the persons identified on the offender approved call list.
Explanation of the telephone system usage and rates shall be provided as well as a customer
service, 24x7 toll-free number. Training may be in the form of brochures or printed materials
sent to the person at the address identified on the call list. Printed materials shall be available
in both English and Spanish.
Billing and account management should be easy to use and understandable. The description
shall include whether the Contractor direct bills the called party for collect calls or whether
billing is performed by a third party or Local Exchange Carrier (LEC). If the LEC or third party
is responsible for the billing of collect calls, the Contractor shall identify all such parties within
the Department with which they have this agreement. A toll free customer service number
must be provided for all billing entities. The Contractor is responsible for handling all customer
complaints related to the OTS.
The Contractor shall not restrict the pre-paid account holder from receiving the full dollar
amount of services up to the balance held by the Contractor. The Contractor shall describe the
process for a customer to initiate a pre-paid account that shall include all policies, customer
requirements and the minimum deposit required. Procedures to receive refunds must also be
provided.
C.3.5.3 Post-System Initiation Training

During the first five (5) days after system initiation, the Contractor shall have available at least
one (1) training person on-site for retraining and consultation for both system administrators
and offenders to include equipment and procedures.
This employee must not be the service technician installing the system and must have
experience in conducting training classes.
C.3.6 Maintenance and Support Requirements

The Contractor shall acknowledge that the OTS is a revenue stream for the Department.
Thus, any system failure affects the revenue stream and the Department requires that any
system failure shall be restored to full capacity within acceptable time limits. A system failure

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which lasts beyond twenty-four hours after placement of service call will result in an
unacceptable performance measures rating.
Maintenance and support requirements apply to the entire OTS system design to include but
not be limited to all infrastructure, equipment, component parts, software and peripheral
equipment such as the DRS and UPS. The Contractor shall be responsible for the immediate
replacement of all inoperative, damaged or defective equipment regardless of cause of
damage.
The Contractor will be solely responsible for troubleshooting problems and providing all service
and maintenance with no technical assistance from Department personnel. Additionally, the
system must be designed to constantly monitor itself and to immediately notify a repair center if
a fault or failure is detected. Site OTS shall be programmed to shut-down upon site DRS
failure.
To assure a satisfactory level of support, the Contractor shall provide dedicated,
administrator/technicians for each site identified in the site list to include regional offices and
administrative locations. The Contractor must supply a toll free dispatch telephone number,
web access, and/or email address for placement of service calls twenty-four (24) hours a day,
seven (7) days a week. Administrator/technicians shall be available during OTS operational
hours as well as after hours to repair or replace equipment, whichever time is most convenient
to the facility.
Service Call Procedures/Requirements
1.
The Contractor Service Representative who has been assigned the trouble ticket must
reply to non-emergency calls within two (2) hours and to emergency calls within one (1) hour
from placement of call by Department personnel. This reply may be by telephone, email, or in
person. Replies should be made to the Department staff that placed the service call.
2.
For routine service requests (non-emergency), the Contractor Service Representative
will provide best effort of on-site arrival time, within a maximum of four (4) consecutive hours
from placement of service call by Department personnel. Resolution will be required within
eight (8) consecutive hours from time trouble call is placed.
3.
For emergency requests, the Contractor Service Representative will provide best effort
of on-site arrival time, within a maximum of two (2) consecutive hours from placement of
service call by Department personnel. Resolution will be required within four (4) consecutive
hours from time trouble call is placed.
An emergency is defined as any problem or equipment failure that interferes with any facilities
function or results in:
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);>

Twenty percent (20%) or more of the facility's outgoing lines or trunks being
inoperative;
Twenty percent (20%) or more of the facility's telephones being inoperative;

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Any offender calls not being recorded as needed or as programmed due to a
failure of the DRS;
Failure of the OTS to retain system programming parameters

Service call proced ures shall also be incorporated in the training curriculum.
C.3.7 Commission Requirements

Commission information will include all information necessary for auditing in accordance with
the rate structure.
The commission cycle will be for a maximum of thirty (30) days from date of first completed
call. The cycle length should be from the first to the last day of the month. Commission shall
be pro-rated the first month of service.
Contractor shall provide commission revenue data in a dynamic format via a CD or from the
system itself. The format will allow Department to find specific data and create reports by using
a query method to retrieve the data. The procedure shall be uncomplicated and easy to use.
The Contractor shall provide written instructions on how to use query and report functions.
Data required by Department shall include, but not be limited to, the following fields:

>>>>>>>-

Date, time and telephone numbers called;
Duration of call;
Person called;
Gross revenue by location and total gross revenue;
Offender identification information;
Facility for originating telephone call; and
Total number of minutes used.

C.3.8 Contractor Quality Control Plan

The Contractor shall submit to the Department a Quality Control Plan for monitoring and
assessing the success of its services. The plan shall include criteria that define acceptable or
unacceptable performance based on industry standards. The Contractor shall ensure that
outcome measures indicate results achieved. The Contractor shall submit reports, in a format
approved by the Department, which indicate the Contractor's performance.
Contractor will work with Department personnel to monitor performance. A quality assurance
review of all assignments will be conducted before an assignment is considered complete.

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C.3.9 Contractor Communication
The Contractor and the Department will maintain communications to ensure project success.
Contractor shall be required to attend on-site meetings with Department staff. Meetings shall
provide a management level review of the Contractor's operations, assessment of services,
discussion and resolution of problems, and coordination of the activities of all parties
concerned.
Such meetings may be scheduled regularly or as needed to discuss Contract issues and
concerns and exchange information between Department staff and the Contractor, review
quality control plans and performance measures. Communications between parties shall be
achieved via:
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).>
).>

On-site meetings, regularly and specially scheduled;
Conference and video calls;
Email;
Written status reports provided to the Department by Contractor; and/or
Monthly Performance Outcome Measures reviews.

Meetings will be held in Austin and Huntsville or at any other designated site.
C.3.10 Added Value

During the term of this Contract, the Contractor may propose additional services/incentives that
are directly related to the OTS and may have added value to this Contract.

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SECTION D

SECTIOND - REQUIRED REPORTS
D.1

REPORTS REQUIRED FROM CONTRACTOR

A variety and number of reports are required to be submitted by the Contractor during the term
of the Contract. These reports may be revised or additional reports may be required at
Department's sole discretion.
Contractor is required to provide standard, ad hoc, and special request reports at no cost to the
Department. Standard reports will be used by the Department to monitor day-to-day
performance. Contract progress will be monitored through review and analysis of status and
management reports submitted to the Department's Contract Monitor. Contractor may be
required to submit examples of standard reports which are accessible directly from the system
databases.
Additionally, the Department reserves the right to request optional or additional reports that
may be considered "ad hoc" reports or special request reports not specifically identified in this
RFP.
These reports shall be delivered no later than 3 business days from date of request.
The Contractor must comply with ad hoc and sp'ecial requests and required delivery dates and
method.
The Department may also request reVISion of existing reports as deemed necessary
throughout the term of this Contract. The Contractor shall adapt report/documentation formats
and delivery to meet Department requirements.
Contractor must provide electronic and/or hard copy reports no later than an agreed on date
(e.g. viewable format on-line or as batch print reports). Due to the large number of reports
required by the Department, reports shall be made available to authorized Department staff
and may be required to be sent to or accessed from several locations throughout the State.
Due dates and Department staff receiving reports will vary dependent upon the type of report.
Report titles and other field identifiers may be customizable by the authorized Department
staff.

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SECTION E· INSPECTION AND ACCEPTANCE
E.1

INSPECTION AND ACCEPTANCE OF SERVICES

TOCJ has the right to inspect and test all services called for by this Contract, to the extent
practicable at all times and places during the Contract term. TOCJ shall perform inspections in
a manner that will not unduly interfere with the Contractor's ability to perform the services
required by the Contract. The Contractor shall furnish, and shall require subcontractors to
furnish, at no charge, all reasonable materials, equipment, and assistance for the safe and
convenient performance of these duties.
From time to time TOCJ shall, subject to limitations provided by law with respect to rights of
privacy, have the right to reasonably prompt access and to examine all records of Contractor
related to the Contract, including without limitation, all financial books and records,
maintenance records, employee records, and Offender recor.ds generated by Contractor and
its subcontractors in connection with performance of this Contract. If subject to the outcome of
an audit, it is determined that the Contractor is in non-compliance with any provisions of this
Contract and/or that money is owed to TOCJ by Contractor, then TOCJ may exercise its rights
of recovery of money owed.
If any of the services are non-compliant with the Contract requirements, Contractor shall be
notified describing specific areas of non-compliance. Contractor shall have a twenty (20) day
period to file a written response to all such items of non-compliance. For all items of noncompliance satisfactorily resolved by agreement between the Contractor and TOCJ, no further
action regarding such items shall be taken. If an item of non-compliance cannot be resolved
between the Contractor and TOCJ, and such item remains uncorrected for a period of twenty
(20) days or longer after written notification to Contractor, then such item may be declared to
be an event of default.

E.2

MONITORING CRITERIA

TOCJ shall devise its own procedures for monitoring the quality of Contractor's performance
under this Contract, all Court Orders and TOCJ Policies. Contractor shall cooperate fully with
TOCJ in obtaining the requisite information needed to complete such audits and to assess the
quality of Contractor's performance. Monitoring may include, but is not limited to, document
reviews and on-site audits conducted by authorized representatives of TOCJ. Such monitoring
by TOCJ shall not relieve Contractor of any of its obligations under this Contract.
The Contract Monitor and other TOCJ staff will provide written findings regarding noncompliant conditions, processes, procedures or operations, and observations that could, if not
addressed by Contractor, become an Item of Non-compliance as described in Section E.1.

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E.3

AUTHORITY TO AUDIT

Contractor understands that acceptance of funds under this Contract acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Contractor further agrees to cooperate fully with
the State Auditor's Office or its successor in the conduct of the audit or investigation, including
providing all records requested. Contractor will ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through Contractor and the
requirement to cooperate is included in any subcontract it awards. Contractor will reimburse
the State of Texas for all costs associated with enforcing this provision.
E.4

FRAUD, WASTE OR ABUSE

In accordance with Texas Government Code, Chapter 321, the State Auditor's Office (SAO) is
authorized to investigate specific acts or allegations of impropriety, malfeasance, or
nonfeasance in the obligation, expenditure, receipt or use of state funds. If there is a
reasonable cause to believe that fraud, waste or abuse has occurred at this agency, it can be
reported to the SAO by calling 1-800-892-8348 or at the SAO's website at www.sao.state.tx.us.
It can also be reported to the TDCJ Office of the Inspector General at 1-866-372-8329, the
TDCJ Internal Audit Division at 512-406-5935, or Crime Stoppers at 1-866-832-8477.

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SECTION F - DELIVERIES OR PERFORMANCE
F.1

PERIOD AND PLACE OF PERFORMANCE

The term of the Contract will be from September 1, 2008 through August 31, 2015. The
Contractor shall be required to perform services at the Department locations identified Site List,
under the general supervision of assignment by the Department's authorized staff (Exhibit J.1).
The Department may add, delete, or change site locations, and alter configurations of current
offender populations at any at site location at any time. Where any work under this Contract
requires access to secured facilities by the Contractor's employees/subcontractors, it shall be
the responsibility of the Contractor to comply with all pertinent security requirements, which
shall be supplied by the Department. It is the sole responsibility of the Department to
guarantee necessary site access.

F.2

OPTION TO EXTEND

The Department reserves the right to extend this Contract for two (2) additional two (2) year
terms. The Department shall notify Contractor as per Section 1.15.
All work shall be completed within the Contract period, unless otherwise extended by written
modification of the Contract upon agreement of the contracting parties. Contractor shall not
begin performance until receipt of a written Notice to Proceed.

F.3

TRANSITION OF CONTRACT

In the event services end by either Contract expiration or termination, it shall be incumbent
upon the Contractor to continue services, if requested by the Executive Director or designee, of
the Department, until new services can be completely implemented and operational. The
Contractor acknowledges its responsibility to cooperate fully with the replacement Contractor
and the State to ensure a smooth and timely transition. Such transitional period shall not
extend more than one hundred eighty (180) days beyond the expiration date of the Contract, or
any extension thereof.

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SECTION G

SECTION G - CONTRACT ADMINISTRATION
G.1

CLAUSES INCORPORATED BY REFERENCE

This Contract incorporates one or more clauses by reference, with the same force and effect
as if they were given in full text. Upon request, the Contract Administrator will make their full
text available.
Texas Government Code, Chapter 495, Section 495.025, INMATE PAY TELEPHONE
SERVICE, added by Acts 2007, 80th Leg., R.S., Ch. 100, Section 1, eff. May 15, 2007.

G.2

AUTHORITY - AUTHORIZED REPRESENTATIVE, CONTRACT
ADMINISTRATOR AND CONTRACT MONITOR

G.2.1 Authorized Representative
In the case of Contractor, it's President or any Vice President shall designate the Authorized
Representative in writing. The designation of Contractor's initial Authorized Representative
shall be delivered to TDCJ not later than the effective date of this Contract. Contractor's
Authorized Representative may designate other persons to assist such Authorized
Representative in the performance of certain obligations required by this Contract. In the case
of TDCJ, the Executive Director is hereby designated as its Authorized Representative. The
Executive Director has designated the Chief Financial Officer to act in his behalf on matters
requiring signature approval of the Authorized Representative. The Director of the Information
Technology Division has been designated to act on behalf of the Chief Financial Officer on all
matters pertaining to the daily operations and compliance with this Contract. TDCJ's
Authorized Representatives may designate other persons to assist such Authorized
Representatives in the performance of certain obligations of this Contract. At any time, any
party may designate any person as its Authorized Representative by delivering to the other
party a written designation signed, if on behalf of Contractor by its President or any Vice
President, or if on behalf of TDCJ by the Executive Director. Such designations shall remain
effective until new written instruments are filed with or such notice is given to the other party
that such designations have been revoked.
TDCJ's Authorized Representative (the Executive Director) or his/her designated
representative (Chief Financial Officer) is the only person authorized to make or approve
changes in any of the requirements of this Contract, and notwithstanding any clauses
contained elsewhere in this Contract, the said authority remains solely with the Executive
Director or his/her designated representative. In the event the Contractor makes any change
at the direction of any person other than the Executive Director or his/her designated
representative, the change will be considered to have been made without authority and no

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SECTION G

adjustment will be made in the Contract as a result thereof.

G.2.2 Contract Administrator
The Contract Administrator for administration of this Contract is:
Frank L. Williams, CTPM
The telephone number for the Contract Administrator is (936) 437-7118. The facsimile number
of the Contract Administrator is (325) 223-0310, and the e-mail is
frank.williams@tdcj.state.tx.us.
The Contract Administrator is responsible for general administration of this Contract,
negotiation of any changes and issuance of written changes/modifications to this Contract.
G.2.3 Contract Monitor

The Contract Monitor shall review all administrative and programmatic requirements of the
operating Contract. The Contract Monitor will be a full time employee of Department and the
Contractor wiil exercise no control over the monitor. The Contract Monitor will be responsible
for review and approval of rates and commissions submitted by the Contractor.
The Contract Monitor represents the Department in the administration of technical details
within the scope of this Contract. The Contract Monitor is also responsible for the final
inspection and acceptance of all reports and such other responsibilities as may be specified in
the Contract.
The Contract Monitor is not authorized to make any representations or commitments of any
kind on behalf of the Executive Director of TDCJ or the State of Texas. The Contract Monitor
does not have the authority to alter the Contractor's obligations or to change the Contract
specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable
to modify Contract obligations, the statement of work or Work Plan, changes will be issued in
writing and signed by the Executive Director of TDCJ or his/her authorized representative.

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G.3

COMMISSION REMITTANCE

G.3.1 Commission Remittance by Direct Deposit
The Contractor shall submit payments to the Department via electronic funds transfer (EFT),
also known as direct deposit. Questions regarding receipt of revenue shall be directed to:
Texas Department of Criminal Justice
Cashier's Office
Attn: Stacie Tatom
PO Box 4015
Huntsville, Texas 77342-4015

G.3.2 Late Remittance
th

Commission payment for any month is due by the 20 calendar day of the following month.
Any amount owed to the State more than one (1) business day beyond the date such amount
is due shall accrue interest each day at the rate of one percent (1 %) plus the prime rate as
published in the Wall Street Journal on the first day of July of the preceding fiscal year that
does not fall on a Saturday or Sunday. In no event shall the amount charged be greater than
the amount allowed by law.

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SECTION H

SECTION H - SPECIAL CONDITIONS
H.1

INSURANCE REQUIREMENTS
The Contractor shall provide a plan of insurance that provides: (1) coverage to protect the
State against all claims, including claims based on violations of civil rights arising from the
seNices performed by the Contractor; (2) coverage to protect the State from actions by a third
party against the Contractor or any subcontractor of the Contractor as a result of the Contract,
and (3) coverage to protect the State from actions by officers, employees, or agents of the
Contractor or any subcontractor(s). Such insurance may exclude coverage for any liability
arising from or attributable to any gross negligence, malfeasance or willful misconduct of the
Department or its employees or agents. The Contractor shall maintain the following insurance
coverage in full force and effect for the mutual protection and benefit of both the Department
and the Contractor:
H.1.1

Insurance Requirements

Minimum Limits of Liability

Types of Coverage

Workers' Compensation

Statutory

Comprehensive General Liability'

$10,000,000 aggregate

Automobile Liability

$1,000,000 per occurrence

Professional Liability
(Only if professional seNices are needed)

$3,000,000 aggregate
$1,000,000 per occurrence

Performance Bond

100% of project cost

Payment Bond

100% of supplier and subcontractor
cost

H.1.2 Additional Insurance Requirements

Contractor shall maintain insurance coverage for the mutual protection of both the Department
and the Contractor against claims that may arise out of or result from the Contractor's actions
or operations hereunder, whether such actions or operations are by the Contractor or a
subcontractor, or by anyone directly or indirectly employed by or acting on behalf of the
Contractor or subcontractor where liability may arise for:
Claims under worker's compensation disability benefit, and other similar employee benefit acts;

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Claims for damages because of bodily injury, occupational sickness or disease, or death of any
Contractor employees;
Claims for damages because of bodily injury, sickness or disease or death of any person other
than the Contrador's employees;
Claims for damages insured by usual personal liability coverage that are sustained by any
person as a result of an act directly or indirectly related to the employment of such person by
the Contractor, or by any other person;
Claims for damages because of injury to or destruction of tangible property, including loss of
use resulting therefrom; and
Claims for damages arising from fire and lightning and other casualties.
The insurance required by this section shall be written for not less than any limits of liability
specified by the Department or required by law, whichever is greater, and shall include
contractual liability insurance as applicable to the Contractor's obligations hereunder. Such
insurance may exclude coverage for any liability arising from or attributable to any gross
negligence, malfeasance or willful misconduct of the Department or its employees or agents.
Certificates/policies of insurance shall be filed with the Department prior to execution of the
Contract. These certificates/policies shall contain a provision that coverage afforded under the
policies shall not be canceled, non-renewed or materially changed except after thirty (30) days
written notice by Certified Mail to: Texas Department of Criminal Justice, Two Financial Plaza,
Suite 525, Huntsville, Texas, 77340; Attn: Frank L. Williams, CTPM. Contractor shall provide
proof of insurance coverage to Department upon renewal of such.
The Contractor shall name the Texas Department of Criminal Justice and its officers,
employees, and elected representatives as additional insured on applicable coverage, i.e.,
General Liability and Automobile.
All insurance coverage is to be provided by insurance carriers licensed to conduct business in
Texas. All insurance carriers shall be, at a minimum, rated "A-7" in Best's Key Rating Guide.
Compliance with the foregoing insurance requirements shall not relieve the Contractor from
any liability under the indemnification clause at Section 1.5.
The Contractor agrees to waive subrogation against the Texas Department of Criminal Justice
and its officers, employees and elected representatives for bodily injury (including death),
property damage or any other loss on applicable coverage, i.e., General Liability, Automobile
and Workers' Compensation.

The Contractor agrees that the Contractor's insurance is primary insurance as respects to
Texas Department of Criminal Justice, its officers, employees and elected representatives.

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H.2

SECTION H

SUBCONTRACTORS

Contractor may subcontract for the performance of any of its responsibilities to provide
services pursuant to this Contract. No subcontract may be entered into unless TOCJ provides
prior written approval, which approval may not be unreasonably withheld. If a subcontractor is
deemed to be needed for an event of an emergency nature, verbal approval may be obtained
through an authorized TOCJ representative. Contractor shall submit a written request with
supporting documentation for approval, by the TOCJ, as soon as possible. Contractor shall
furnish to the TOCJ copies of all subcontracts, without regard to amount of annual payments.
Any arrangement by Contractor with an affiliate or member company to provide services to the
Facility shall be subject to the subcontractor provisions of this Section. No contractual
relationship shall exist between TOCJ and any subcontractor and TOCJ shall accept no
responsibility whatsoever for the conduct, actions, or omissions of any subcontractor selected
by Contractor. Contractor shall be responsible for the management of the subcontractors in
the performance of their work. A subcontractor may not work directly with TOCJ in any manner
and shall not be included in contract negotiations, renewals, audit or any other discussions
except at the request of TOCJ.
Unless waived in writing by TOCJ, the subcontract shall contain the following:
An acknowledgement that the subcontract is subject to the contract between TOCJ and
Contractor (the "Master Contract").
The subcontractor shall agree to comply with the terms of the Master Contract to the
extent applicable with respect to goods and services being provided under the
subcontract. It is the intention of the parties of the subcontract that the subcontractor
shall "stand in the shoes" of the Contractor with respect to fulfilling the duties and
obligations of the Contractor to TOCJ under the Master Contract.
TOCJ's approval of a subcontract does not relieve the Contractor of its duty to perform
under the Master Contract.
TOCJ shall be deemed a "third party beneficiary" to the subcontract.

H.2.1 Insurance
Contractor shall require all subcontractors to obtain, maintain, and keep in force insurance
coverage in accordance with accepted industry standards and the contract during the time they
are engaged hereunder.

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H.2.2 Historically Underutilized Business

The Contractor is encouraged to make a good faith effort to award necessary subcontracts to
HUBs in accordance with Texas Government Code, Sections 2161.181-182, 2161.252(b), and
Texas Administrative Code (TAC), Section 20.11. Pursuant to the Comptroller of Public
Accounts (CPA) HUB Rules, 1, TAC Section 20.13 and 20.14, the Contractor is strongly
encouraged to submit a HUB Subcontracting Plan (HSP) as part of the proposal submission.
H.3

INTENTIONALLY LEFT BLANK

H.4

ORGANIZATIONAL AND NAME CHANGE

Contractor shall submit written notification to Department of any changes in Contractor's name,
address, and/or telephone number with an effective date of such change. Contractor shall
submit to Department a copy of any registration "to do business as," "DBA," or "also known as,"
"AKA," and any legal corporate name change filed with the Secretary of State.
H.5

INTENTIONALLY LEFT BLANK

H.6

INTENTIONALLY LEFT BLANK

H.7

INTENTIONALLY LEFT BLANK

H.B

BOOKS AND RECORDS

All records and documents pertinent to the services contracted hereunder shall be kept for a
minimum four (4) years after the termination hereof. If any litigation, claim, or audit involving
these records begins before the retention period expires, Contractor must continue to retain
said records and documents until all litigation, claims, or audit findings are resolved, meaning
that there is a final court order from which no further appeal may be made, or a written
agreement is entered into between Department and Contractor for a period of an additional five
(5) years.
H.9

DELAY OF SERVICES

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Facility is inoperable due to delays caused by the Contractor's nonperformance. Department
will provide written notification to the Contractor by certified mail, return receipt requested, of
the charges which will include the date of imposition and the amount that has accrued daily as
of the date of the notification.
H.10

INTENTIONALLY LEFT BLANK

H.11

INTENTIONALLY LEFT BLANK

H.12

UTILIZATION OF PRODUCTS AND MATERIALS PRODUCED IN TEXAS

Contractor shall comply with Texas Government Code, Section 2155.4441 relating to service
contract use of products produced in the State of Texas. In performing services under this
Contract, the Contractor shall purchase products and materials produced in the State of Texas
when they are available at a price and time comparable to products and materials produced
outside of Texas.
H.13

CRIMINAL JUSTICE INFORMATION SYSTEMS COMPLIANCE

The parties hereto acknowledge and agree that in order for Contractor to perform the services
contemplated herein, TDCJ may have to provide Contractor with certain information regarding
offenders and former offenders known as "criminal history information" which means
information collected about a person by a criminal justice agency that consists of identifiable
descriptions and notations of arrests, detentions, indictments, information and other formal
criminal charges and their dispositions. The term does not include information as to
convictions, finger print information, and driving records. In the event TDCJ provides
Contractor with criminal history information, Contractor agrees to comply with the
confidentiality requirements of 28 CFR 20, Part 20, Subpart B, Section 20.21; Section 524 (a)
of the Omnibus Crime Control and Safe Streets Act, 42 U.S.C. 3701, et seq., as amended (the
"Act"), and with Government Code Chapter 411, Section 411.083.
More specifically,
Contractor agrees and acknowledges as follows:
TDCJ hereby specifically authorizes that Contractor may have access to criminal justice
history to the extent such access is necessary or appropriate to enable Contractor to
perform the services contemplated herein.
Contractor agrees to limit the use of such criminal justice information for the purposes
set forth herein.
Contractor agrees to maintain the confidentiality and security of the criminal justice
history information in compliance with federal and state statutes, rules and regulations,
and return or destroy such information when it is no longer needed to perform the

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services contemplated herein.
The Contractor agrees to comply with and execute a CJIS SECURITY ADDENDUM
(The "ADDENDUM"). The Contractor agrees to execute a revised addendum, from time
to time, in the event that federal or state statutes, rules and regulations. require such
revision so that at all times during the term of their contract, to include extensions
hereof, the addendum executed by the Contractor is in compliance with all such
statutes, rules and regulations.

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SECTION I - GENERAL CONDITIONS
1.1

SEVERABILITY CLAUSE

In the event that any provision of this Contract is later determined to be invalid, void, or
unenforceable, then the remaining terms, provisions, covenants, and conditions of this
Contract shall remain in full force and effect, and shall in no way.be affected, impaired, or
invalidated.

1.2

ADVERTISING OF AWARD

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to
state or imply that the product or service provided is endorsed or preferred by the Department
or is considered by the Department to be superior to other products or services.
1.3

1.3.1

DEFAULT AND TERMINATION

Default by Contractor

A material failure to keep, observe, perform, meet or comply with any covenant, agreement,
term or provision of this Contract to be kept, observed, met, performed or complied with by the
Contractor hereunder, which such failure continues for a period of twenty (20) days after the
Contractor's receipt of written notice thereof.
1.3.2

Further Opportunity to Cure

If an Event of Default of the type specified in Section 1.3.1 occurs and the Contractor
reasonably believes that such Event of Default cannot be cured within the twenty (20) days
allowed in Section 1.3.1 but that such Event of Default can be cured through a diligent, ongoing
and conscientious effort on the part of Contractor within a reasonable period not to exceed
three (3) months, then the Contractor may, within the twenty (20) day cure period, submit a
detailed plan for curing the Event of Default to the Department. Upon receipt of any such plan
for curing an Event of Default, the Department will promptly review such plan and at its
discretion, may allow or not allow the Contractor to pursue such cure. The Department's
decision will be communicated in writing to the Contractor. The Department agrees that it will
not exercise its remedies thereunder with respect to such Event of Default for so long as the
Contractor diligently, conscientiously and timely undertakes to cure the Event of Default in
accordance with the approved plan. If the Department does not allow the Contractor an
extension of the cure period, the twenty (20) day time period will be tolled during the period of

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time the request is pending before the Department.
1.3.3

Remedy of the Department

When an Event of Default by the Contractor has been determined to exist, the Department's
Authorized Representative will notify the Contractor of such Event of Default, and subject to
the provisions of Section 1.3.2 hereof, the Department will have the 'right to pursue any remedy
it may have by law or in equity including, but not limited to:
Reducing its claim to a judgment;
Taking action to cure the Event of Default, in which case the Department may recover
from the Contractor all reasonable costs incurred by the Department in connection with
its efforts to cure such Event of Default; and
Exercising a Termination for Default. In the event of Termination for Default the
Department is entitled to reimbursement from Contractor any reasonable amounts
expended by the Department to cure the Event of Default. The Department will have no
further obligations to the Contractor after such termination. The Department may also
acquire, in the manner Department considers appropriate, services similar to those
terminated and the Contractor will be liable to the Department for any excess costs for
those services.
The Department can enforce specific performance against the contract.

The Contractor shall not be liable for any lost comrnissions by the Department even if the
failure to perform the Contract arises from and without the fault and negligence of the
Contractor as follows: (1) Acts of God or of the public enemy, (2) acts of the State in either its
sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions,
(7) strikes, (8) freight embargoes, and (9) unusually severe weather.
1.3.4

Intentionally Left Blank

1.3.5

Intentionally Left Blank

1.3.6

Intentionally Left Blank

1.3.7

Termination by Mutual Agreement

The parties may terminate this Contract by mutual agreement, the terms of which shall be set

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forth in writing.
1.3.8

Termination Procedures

Upon Termination for Default, or Termination by Mutual Agreement as heretofore mentioned,
the following procedures will be adhered to:
The Department will immediately notify the Contractor in writing specifying the effective
termination date.
After receipt of the Notice of Termination, the Contractor shall immediately proceed with the
following obligations, regardless of any delay in determining or adjusting any amounts due at
that point in the contract
)0>
)0>
)0>

Place no further subcontracts or orders in support of this Contract.
Terminate all subcontracts.
Cancel all orders as applicable.

Upon termination, the Department shall be entitled to receive from the Contractor payment of
all revenue owed under this Contract up to and including the date of termination.
The Department has no authority to reimburse a Contractor for capital equipment costs in the
event that the Contract is terminated by mutual agreement or for cause before the expiration of
the base period. Notwithstanding the foregoing, if the Contract is terminated prior to the end of
the base period, the Department shall require any new service provider to compensate
Contractor for the undepreciated or unamortized portion of any equipment installed by Contract
which is used by the new service provider.
1.3.9

Default by the Department

The following shall constitute an Event of Default on the part of the Department failure by the
Department to observe and perform any material covenant, condition, or agreement on its part
to be observed or performed, or its failure or refusal to substantially fulfill any of its material
obligations hereunder, unless caused by the default of the Contractor, and unless cured by the
Department within twenty (20) days after receiving written notice thereof.
1.3.10 Remedy of Contractor

Upon an Event of Default by the Department, the Contractor's sole remedy shall be to follow
the Dispute Resolution Process in Section 1.3.11 below.
1.3.11 Dispute Resolution

Any dispute arising under this Contract, which is not disposed of by mutual agreement

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SECTION I

between TDCJ and Contractor shall be resolved as follows:
The dispute resolution process provided for in Chapter 2260 of the Government Code shall be
used, as further described herein, by TDCJ and the Contractor to attempt to resolve any claim
for breach of contract made by the Contractor.
A Contractor's claim for breach of this Contract that the parties cannot resolve in the
ordinary course of business shall be submitted to the negotiation process provided in
Chapter 2260, Subchapter S, of the Government Code. To initiate the process, the
Contractor shall submit written notice, as required by Subchapter S, to the Director for
Contracts and Procurement, or designee, at Two Financial Plaza, Suite 525, Huntsville,
Texas 77340. Said notice shall specifically state the provisions of Chapter 2260,
Subchapter S are being invoked, and shall also be given to all other representatives of
TDCJ and the Contractor otherwise entitled to notice under the parties' contract.
Compliance by the Contractor with Subchapter S is a condition precedent to the filing of
a contested case proceeding under Chapter 2260, Subchapter C, of the Government
Code.
The contested case process provided in Chapter 2260, Subchapter C, of the
Government Code is the Contractor's sole and exclusive process for seeking a remedy
for an alleged breach of contract by TDCJ if the parties are unable to resolve their

disputes under subparagraph (A) of this paragraph.
Compliance with the contested case process provided in Subchapter C is a condition
precedent to sue from the Legislature under Chapter 107 of the Civil Practices and
Remedies Code. Neither the execution of this Contract by TDCJ nor any other conduct
of any representative of TDCJ related to the contract shall be considered a waiver of
sovereign immunity to suit.
In addition to complying with Chapter 2260 of the Government Code, TDCJ and the Contractor
shall comply with the rule published in the Texas Administrative Code, Title 37, Public Safety
and Corrections, Part VI, Texas Department of Criminal Justice, Chapter 155, Reports and
Information Gathering, Subchapter C, Procedures for Resolving Claims and Disputes.
At all times during the course of the dispute resolution process, the Contractor shall continue
with providing services as directed, in a diligent manner and without delay, shall conform to the
TDCJ's directive, decision or order, and shall be governed by all applicable provisions of this
Contract. Records of the services performed shall be kept in sufficient detail to enable
payment in accordance with applicable provisions of this Contract, if this should become
necessary.
This provision shall not be construed to prohibit Contractor from seeking any other legal or
equitable remedy to which it is entitled.

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1.4

SECTION I

NO WAIVER OF RIGHTS

No failure on the part of any party to exercise, and no delay in exercising, and no course of
dealing with respect to any right hereunder shall operate as a waiver thereof; nor shall any
single or partial exercise of any right hereunder preclude any other or further exercise thereof
or in the exercise of any other right. The remedies provided in this Contract are cumulative
and non-exclusive of any remedies provided by law or in equity, except as expressly set forth
herein.
1.5

INDEMNIFICATION OF THE DEPARTMENT

The Contractor shall indemnify and save the Department, the Texas Board of Criminal
Justice, the State of Texas and its officers, agents and employees (hereinafter the State)
harmless from and against:
Any and all claims to the extent caused by the conduct, management or performance of
the contract by Contractor, its agents, subcontractors or employees, including, without
limitation, any and all claims to the extent caused by:
Any breach or default on the part of the Contractor in the performance of any covenant
or agreement on its part to be performed, pursuant to the terms of this contract;
Any act or negligence of the Contractor or any of its agents, subcontractors, servants,
employees or licensees;
Any accident, injury or damage whatsoever caused to any person, firm or corporation.
All costs, reasonable attorney's fees, expenses and liabilities incurred in or about any
such claim, action or proceeding brought thereon.
Nothing herein is intended to deprive the State or Contractor of the benefits of any law
limiting exposure to liability and/or setting a ceiling on damages, or any laws
establishing defenses for them. By entering into this Contract, the State does not waive
its right of sovereign immunity, nor does the Contractor waive any immunity that may
extend to it by operation of law. The aforementioned indemnification shall not be
affected by a claim that negligence of the State or its respective agents, contractors,
employees or licensees contributed in part to the loss or damage indemnified against.
1.6

NO WAIVER OF DEFENSES

Neither the Department nor the Contractor shall waive, release or otherwise forfeit any
possible defense the Department or Contractor may have regarding claims arising from or
made in connection with the services performed by the Contractor without the consent of the
other party. The Department and Contractor shall reserve all such available defenses and

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SECTION I

cooperate with each other to make such defenses available for each other's benefit to the
maximum extent allowed by law, including any defenses the Department may have regarding
litigation, losses and costs resulting from claims or litigation pending at the time the Contract
becomes effective, or arising thereafter from occurrences prior to the effective date hereof.
1.7

INDEPENDENT CONTRACTOR

The Contractor is associated with Department only for the purposes and to the extent set forth
herein, and with respect to the performance of Services hereunder, the Contractor is and shall
be an independent Contractor and shall have the sole right to supervise, manage, operate,
control, and direct the performance of the details incident to its duties hereunder. Nothing
contained herein shall be deemed or construed to create a partnership or joint venture, to
create the relationships of an employer-employee or principal-agent, or to otherwise create any
liability for Department whatsoever with respect to the indebtedness, liabilities, and obligations
of Contractor or any other party. Contractor shall be solely responsible for (and Department
shall have no obligation with respect to) payment of all Federal Income, FICA, and other taxes
owed or claimed to be owed by Contractor, arising out of the Contractor's association with the
Department pursuant hereto, and the Contractor shall indemnify and hold the Department
harmless from and against any and all liability from all losses, damages, claims, costs,
. penalties, liabilities, and expenses howsoever arising or incurred because of, incident to, or
otherwise with respect to any such taxes.
1.8

LAWS OF TEXAS

Contract shall be govemed by and construed in accordance with the laws of the State of Texas
and shall be enforced in the County of Travis. It is the intent of the parties to comply with the
law. In the event of a conflict between the Contract and the laws of Texas, the laws will
prevail. If there is no conflict between the laws and the Contract, and the Contract has more
stringent requirements, it will be enforced.
1.9

ASSIGNMENTS

Contractor may not assign any interest in this Contract without the prior written consent of
Department which consent Department shall not unreasonably withhold.
Assignments requiring prior written consent from the Department include any of the following:
More than 50% of the assets of Contractor are sold;
Contractor is merged into, acquired by, or consolidated with another corporation or
business entity; or is otherwise the subject of reorganization; or
Any shareholder or owner of Contractor who owns at least 10% beneficial ownership of
Contractor fails to continue to own at least 10%.

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SECTION I

In the event that any sale, transfer, or assignment, as referenced above, is consented to by
Department, the transferee or its legal representative shall agree in writing with Department to
assume, perform and be bound by the covenants, obligations and agreements contained
herein.
1.10

MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS

The Contractor, if incorporated, shall at all times maintain its corporate existence and authority
to transact business and be in good standing in its jurisdiction of incorporation and the State of
Texas. The Contractor shall maintain all licenses, permits and franchises necessary for its
businesses where the failure to so maintain might have material adverse effect on its ability
to perform its obligations under this Contract.

1.11

APPROVAL OF CONTRACT

This Contract is subject to written approval of the Executive Director of TDCJ or the Director's
designated representative and the Texas Board of Criminal Justice and shall not be binding
until so approved. For contracts valued over one million dollars in the initial term, the
Executive Director's approval shall be given only on the approval of the Texas Board of
Criminal Justice.
1.12

NON-DISCRIMINATION

In the performance of this Contract, the Contractor warrants that it shall not discriminate
against any employee, subcontractor or offender on account of race, color, handicap, religion,
sex (gender), national origin, age, or genetic information and in accordance with the following:
The Contractor shall not discriminate against employees, subcontractors, or offenders
who have or are perceived to have a handicap because of AIDS or HIV infection,
antibodies to HIV, or infection with any other probable causative agent of AIDS. The
Contractor shall post notices setting forth the provisions of this non-discrimination
clause in conspicuous places, available to employees and applicants for employment.
In all solicitations or advertisements for employees and/or the purchase of services, the
Contractor shall state that it is an equal opportunity employer; provided, however, that
notices, advertisements and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting this requirement.
The Contractor shall include the provisions of the foregoing paragraphs in every
subcontract so that such provisions shall be binding upon each subcontractor or vendor.

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1.13

SECTION

CONFIDENTIALITY

Any confidential information provided to or developed by the Contractor or the Department in
the performance of the Contract shall be kept confidential unless otherwise provided by law
and shall not be made available to any individual or organization by the Contractor or the
Department without prior approval of the other party.
1.14

CONTRACT CHANGES

Changes/modifications to this Contract (except Contract extensions in accordance with
Sections 1.15.) administrative changes such as changing the Contract Administrator
designation or correcting typographical errors or other unilateral changes discussed elsewhere
in this Contract) shall be mutually agreed to by the parties and executed in writing with the
authorized signatures.
1.15

OPTION TO EXTEND THE TERM OF THE CONTRACT

The Department may, at its sole discretion, extend the term of this Contract by written notice to
the Contractor within ten (10) calendar days of Contract expiration, provided that the
Department shall give the Contractor a preliminary written notice of its intent to extend at least
sixty (60) calendar days before the Contract expires. The preliminary notice does not commit
the Department to an extension.
If the Department exercises this option, the extended Contract shall be considered to include
this option provision.

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SECTION J

SECTION J - LIST OF ATTACHMENTS
J.1

SITE LIST (4 PAGES)

J.2

DELETED

J.3

DELETED

J.4

CONTRACT PERFORMANCE MEASURES (3 PAGES)

J.5

TEXAS GOVERNMENT CODE, CHAPTER 495, SECTION 495.025, INMATE
PAY TELEPHONE SERVICE, ADDED BY ACTS 2007, 80TH LEG., R.S., CH.
100, SECTION 1, EFF. MAY 15, 2007. (2 PAGES)

J.6

EXECUTIVE DIRECTIVE, ED-03.32, OFFENDER ACCESS TO TELEPHONES
(7 PAGES)

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SECTION K

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER
. STATEMENTS OF OFFERORS
K.1

K.1.1

HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

Definition

"Historically Underutilized Business" means an entity with its principal place of business in this
state that is:
A corporation formed for the purpose of making a profit in which 51 percent or more of
all classes of the shares of stock or other equitable securities are owned by one or more
economically disadvantaged persons who have a proportionate interest and actively
participate in the corporation's control, operation and management;
A sole proprietorship created for the purpose of making a profit that is completely
owned, operated and controlled by an economically disadvantaged person;
A partnership formed for the purpose of making a profit in which 51 percent or more of
the assets and interest in the partnership are owned by one or more economically
disadvantaged persons who have a proportionate interest and actively participate in the
partnership's control, operation, and management;
A joint venture in which each entity in the venture is a historically underutilized business,
as determined under another paragraph of this subdivision; or
A supplier contract between a historically underutilized business as determined under
another paragraph of this subdivision and a prime Offeror under which the historically
underutilized business is directly involved in the manufacture or distribution of the goods
or otherwise warehouses and ships the goods.
"Economically disadvantaged person" means a person who is economically disadvantaged
because of the person's identification as a member of a certain group including Black
Americans, Hispanic Americans, women, Asian Pacific Americans and Native Americans and
who has suffered the effects of discriminatory practices or other similar insidious
circumstances over which the person has no control.
K.1.2 Representation

The Offeror represents and certifies as part of its offer that it [ ] is, or [X ] is not, a HUB
certified by the Texas Procurement and Support Services.

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K.2

SECTION K

CHILD SUPPORT REPRESENTATION

Under Section 231.006 of the Texas Family Code a child support obligor who is more than 30
days delinquent in paying child support and a business entity in which the obligor is a sole
proprietor, partner, shareholder or owner with an ownership interest of at least 25% is not
eligible to receive payments from State funds under a contract to provide property, materials or
services.
Governmental entities and any business entity, including a non-profit corporation, that does not
have a majority shareholder who is a natural person capable of being a child support obligor,
are not subject to Section 231.006.
Check ONE:
Offeror DOES NOT [X l have a sole proprietor, majority stockholder or substantial owner who
is a natural person capable of being a child support obligor therefore IS NOT subject to Section
231.006.
Offeror DOES have a sole proprietor, majority stockholder or substantial owner who is a
natural person capable of being a child support obligor therefore IS subject to Section 231.006.
If subject to Section 231.006, an offer must include names and social security numbers of each
person with at least a 25% ownership of the business entity submitting bid.

-,-------,.-----'

(Print Name)

- - -- --SSN

-=----,.-----' - - - - - - (Print Name)
SSN

(Print Name)

SSN

(Print Name)

SSN

Offeror certifies that the individual or business entity named in this bid is not ineligible to
receive the specified payments and acknowledges that any resultant contract may be
terminated and payment may be withheld if this certification is inaccurate.

K.3

FRANCHISE TAX REPRESENTATION

The Offeror represents and certifies as part of its offer that it is not currently delinquent in the
payment of any franchise tax owed the State of Texas.

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K.4

TYPE OF BUSINESS ORGANIZATION

The Offeror, by checking the applicable box, represents that:

It operates as [ X ] a corporation incorporated under the laws of the State of
[1an individual, [] a partnership, [ ] a nonprofit organization or [
Florida
] a joint venture; or
B.
If the Offeror is a foreign entity, it operates as [ 1 an individual, [ ] a partnership, [ 1 a
nonprofit organization, [ ] a joint venture, or [ ] a corporation, registered for business in
_ _ _ _ _ _ _ _ _ (country).

K.5

PREFERENCE CLAIM

In accordance with Texas Administrative Code Title 34, Part 1, Part 1, Chapter 20, Subchapter
C, Rule 20.38, the Offeror shall check below if claiming a preference. If the appropriate line is
not marked, a preference will not be granted unless other documents included in the bid show
a right to the preference.
K.5.1

Source and Specification Preferences

___Products of persons with mental or physical disabilities
___Products made of recycled, remanufactured, or environmental sensitive materials
including recycled steel
___,Energy efficient products
___,Rubberized asphalt paving material
___Recycled motor oil and lubricants
K.5.2 Tie-Bid Preferences

___Supplies, materials, equipment or services offered by or produced in Texas by a TX
bidder that is owned by a service-disabled veteran'
___Supplies, materials, equipment or services offered by or produced in Texas by a Texas
Bidder'
___Agricultural products produced or grown in Texas
_ _~Agricultural products and services offered by Texas Bidders'
_ _~USA produced supplies, materials, equipment or agricultural products
K.5.3 Additional Preferences

___Products produced at facilities located on formerly contaminated property
___Products and services from economically depressed or blighted areas

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_~_Vendors that

meet or exceed air quality standards
___Recycled or Reused Computer Equipment of Other Manufacturers
___Foods of Higher Nutritional Value (for consumption in a public cafeteria only)
___Use of vegetation native to Texas
'By signing this offer, Offeror certifies that if a Texas address is shown as the address of the
Offeror, Offeror qualifies as a Texas Bidder as defined in Texas Administrative Code Title 34,
Part 1, Part 1, Chapter 20, Subchapter C, Rule 20.32.(68).
K.6

REPRESENTATIONS OF OFFEROR

The Offeror represents and warrants to and for the benefit of the Department, with the intent
that the Department will rely thereon for purposes of entering into this Contract, as follows:
K.6.1

Organization and Qualification

If the Offeror operates as a corporation incorporated under the laws of any state outside
Texas, it is duiy qualified to do business as a foreign corporation in good standing in Texas.
K.6.2 Authorization

This Contract has been duly authorized, executed and delivered by the Offeror and, assuming
due execution and delivery by the Department, constitutes a legal, valid and binding
agreement enfon;:eable against the Offeror in accordance with its terms.
K.6.3 No Violation of Agreements, Articles of Incorporation or Bylaws

The consummation of the transactions contemplated by this Contract and the fulfillment of the
terms hereof will not conflict with, or result in a breach of any of the terms and provisions of, or
constitute a default under any indenture, mortgage, deed of trust, lease, loan agreement,
license, security agreement, contract, governmental license or permit or other agreement or
instrument to which the Offeror is a party or by which its properties are bound, or any order,
rule or regulation of any court or any regulatory body, administrative agency or other
governmental body applicable to the Offeror or any of its properties, except any such conflict,
breach, or default which would not materially and adversely affect the Offeror's ability to
perform its obligations under this Contract, and will not conflict with, or result in a breach of any
of the terms and provisions of, or constitute a default under, the Articles of Incorporation (or
other corresponding charter document) or Bylaws of the Offeror.

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K.6.4 No Defaults Under Agreements

The Offeror is not in default, nor is there any event in existence which, with notice or -the
passage of time or both, would constitute a default by the Offeror under any indenture,
mortgage, deed of trust, lease, loan agreement, license, security agreement, contract,
governmental license or permit or other agreement or instrument to which it is a party or by
which any of its properties are bound and which default would materially and adversely affect
the Offeror's ability to perform its obligations under this Contract.
K.6.5 Compliance With Laws

Neither the Offeror nor its officers and directors purporting to act on its behalf have been
advised or have reason to believe that the Offeror or such officers and directors have not been
conducting business in compliance with all applicable laws, rules and regulations of the
juriSdictions in which the Offeror is conducting business, including all safety laws and laws with
respect to discrimination in hiring, promotion or pay of employees or other laws affecting
employees generally, except where failure to be in compliance would not materially and
adversely affect the Offeror's ability to perform its obligations under this Contract.
K.6.6 No Litigation

Offeror certifies that there is not now pending, or to its knowledge threatened, any action, suit
or proceeding to which Offeror, or any of its employees, are a party, before or by any court or
governmental agency or body, which may result in any material adverse change in Offeror's
ability to perform its obligations under this Contract, or any such action, suit or proceeding
related to environmental or civil rights matters; Offeror further certifies that no labor disturbance
by the employees of Offeror exists or is imminent which may be expected to materially and
adversely affect Offeror's ability to perform its obligations under this Contract. Prior to
Department making an award of this Contract, Department may require Offerors being
considered for the award to recertify the representations set forth above. Department, in its
sole discretion, may disqualify any Offeror that in the opinion of Department is a party, or who
has any employees that are a party, to any action, suit or proceeding that may result in any
material adverse change in Offeror's ability to perform its obligations under this Contract.
During the term of this Contract, to include extensions hereof, Offeror shall notify Department
in writing within five days of Offeror having received knowledge of any actions, suits or
proceedings filed against Offeror, or any of its employees, or to which Offeror, or any of its
employees, are a party, before or by any court or governmental agency or body, which (1) may
result in any material adverse change in Offeror's ability to perform its obligations under this
Contract; or, (2) filed in any federal court, state court, or federal or state administrative hearing
within the state of Texas regardless as to any anticipated material adverse change in Offeror's
. ability to perform its obligations under this Contract; or, (3) is brought by or on behalf of a state
of Texas offender regardless as to any anticipated material adverse change in Offeror's ability
to perform its obligations under this Contract.

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K.6.7 Taxes

Offeror has filed all necessary federal, state and foreign income and franchise tax returns and
has paid all taxes as shown to be due thereon. The Offeror has no knowledge of any tax
deficiency which has been or might be asserted against it and which would materially and
adversely affect the Offeror's ability to perform its obligations under this Contract.
K.6.8 Financial Statements

The Offeror has delivered to the Department a copy of its most recent audited financial report.
This report must include, as a minimum the following financial information:
A.

Audited balance sheet;

Statement of income; and

Any changes in financial position of the company.

This statement fairly presents the financial position of the Offeror at the date shown and the
results of its operations for the period covered, and have been prepared in conformity with
generally accepted accounting principles applied on a consistent basis, except as discussed in
the notes to the financial statement.
K.6.9 No Adverse Change

Since the date of the Offeror's most recent balance sheet provided to the Department, there
has not been any material adverse change in its business or condition nor has there been any
change in the assets or liabilities or financial condition of the Offeror from that reflected in such
balance sheet which is material to the Offeror's ability to perform its obligations under this
Contract.
K.6.10 Disclosure

There is no material fact which materially and adversely affects or in the future will (so far as
Offeror can now reasonably foresee) materially and adversely affect its ability to perform its
obligations under this Contract which has not been accurately set forth in this Contract or
otherwise accurately disclosed in writing to the Department by the Offeror prior to the date
hereof.
K.6.11 No Collusion

Offeror represents and certifies its employees, agents and representatives have not and shall

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SECTION K

not discuss or disclose the terms of their proposal and its submission or response thereto with
any third party other than persons or entities which Offeror engaged to assist it with respect to
such response or submission.
Neither the Offeror nor the firm, corporation, partnership or institution represented' by the
Offeror or anyone acting for such firm, corporation or institution has violated the antitrust laws
of the State of the Federal Antitrust Laws, nor communicated directly or indirectly the proposal
submitted to any competitor or any other person engaged in such line of business.
K.6.12 Ethics

Conflict of Interest - Any individual who interacts with public purchasers in any capacity is
required to adhere to the guidelines established in the Texas Administrative Code, Title 34,
Part 5, Chapter 111, Rule 111.4. The Rule outlines the ethical standards required of public
purchasers, employees, and vendors who interact with public purchasers in the conduct of
state business.
Specifically, a TDCJ employee may not have an interest in, or in any manner be connected
with a contract or bid for a purchase of goods or services by an agency of the state; or in any
manner, including by rebate or gift, accept or receive from a person to whom a contract may be
awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future
reward or compensation. Entities who are interested in seeking business opportunities with
the state must be mindful of these restrictions when interacting with public purchasers of TDCJ
or purchasers of other state agencies.
No Gratuities - The Offeror has not given, offered to give, nor intends to give at any time
hereafter any economic opportunity, future employment, gift, loan,gratuity, special discount,
trip, favor, or service to a public servant in connection with the submitted proposal.
The Offeror has not given, offered to give, nor intends to give at any time hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or
service to a public servant in connection with the submitted proposal.
K.6.13 No Compensation

Pursuant to Section 2155.004 Government Code, the Offeror has not received compensation
for participation in the preparation of the specifications for this offer. Under Section 2155.004,
Government Code, the Offeror certifies that the individual or business entity named in this offer
or contract is not ineligible to receive the specified contract and acknowledges that this
contract may be terminated if this certification is inaccurate.

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K.6.14 Contracting with Executive Head of State Agency
Offeror represents and certifies that they are in compliance with Texas Government Code,
Section 669.003 relating to contracting with the executive head of a state agency.
If Section 669.003 applies, Offeror shall complete the following information in order for the bid
to be evaluated:
Name of Former Executive:,

Name of State Agency:

--:_

Date of Separation from State Agency:

Date of Employment with Offeror:

K.6.15 Notification
If any of the information provided in the above representations changes during the term of this
Contract, the Contractor shall submit an updated representation as soon as is reasonably
possible.
.
K.6.16 Suspension, Debarment and Terrorism
The Texas Department of Criminal Justice (TDCJ) is federally mandated to adhere to the
directions provided in the President's Executive Order (EO) 13224, Executive Order on
Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who
Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent
changes made to it via cross-referencing respondents/vendors with the Federal General
Services Administration's Excluded Parties List System (EPLS, http://www.epls.gov), which is
inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially
Designated National (SDN) list. Contents of EO 13224 may be viewed by accessing the
following website:
http://www.whitehouse.gov/news/orders/.
K.6.17 Violation of Federal Law Relating To Reconstruction Efforts As A Result Of Hurricanes
Rita, Katrina or Any Other Disaster After September 24, 2005
Pursuant to Section 2261.053, Government Code a state agency may not accept a proposal or

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award a contract that includes proposed financial participation by a person who, during the
five-year period preceding the date of the bid or award, has been convicted of violating a
federal law or accessed a penalty in a federal civil or administrative enforcement action in
connection with a contract awarded by the federal government for relief, recovery, or
reconstruction efforts as a result of Hurricane Rita, Katrina, or any other disaster occurring after
September 24, 2005. Under Section 2261.053, Government Code, the Contractor certifies that
the individual or business entity named in this proposal or contract is not ineligible to receive
the specified contract and acknowledges that this contract may be terminated if this
certification is inaccurate.
K.6.18 Deceptive Trade Practices; Unfair Business Practices

Contractor represents and warrants that it has not been the subject of allegations of Deceptive
Trade Practices violations under Tex. Bus. & Com. Code, Chapter 17, or allegations of any
unfair business practice in any administrative hearing or court suit and that Contractor has not
been found to be liable for such practices in such proceedings. Contractor certifies that it has
no officers who have serVed as officers of other entities who have been the subject allegations
of Deceptive Trade Practices violations or allegations of any unfair business practices in an
administrative hearing or court suit and that such officers have not been found to be liable for
such practices in such proceedings.

K.7

REPRESENTATIONS OF THE DEPARTMENT

The Department represents and warrants to and for the benefit of the Offeror with the intent
that the Offeror will rely thereon for purposes of entering into this Contract.
K.7.1

Authorization

The Department has the requisite power to enter into this Contract and perform its obligations
hereunder and by proper action has duly authorized the execution, delivery and performance
hereof.
K.7.2 No Violation of Agreements

The consummation of the transactions contemplated by this Contract and the fulfillment of the
terms hereof will not conflict with, or result in a breach of any of the terms and provisions of, or
constitute a default under any indenture, mortgage, deed of trust, lease, loan agreement,
security agreement, contract or other agreement or instrument to which the Department is a
party or by which its properties are bound, or any order, rule or regulation of any court or any
regulatory body, administrative agency or other governmental body applicable to the Offeror or
any of its properties, except any such conflict, breach or default which would not materially and
adversely affect the Department's ?bility to perform its obligations under this Contract.

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K.7.3 Disclosure

There is no material fact which materially and adversely affects or in the future will (so far as
the Department can now reasonably foresee) materially and adversely affect its ability to
perform its obligations under this Contract or which might require changes in or additions to the
services required under this Contract that would increase the cost to the Offeror of providing
such services, which has not been accurately set forth in this Contract or otherwise accurately
disclosed in writing to the Offeror by the Department prior to the date hereof.

K.8

AUTHORIZED NEGOTIATORS

The Offeror represents that the following persons are authorized to negotiate on its behalf with
the Department in connection with this Request for Proposals: (list names, titles and telephone
numbers of the authorized negotiators).

NAME

TITLE

TELEPHONE NUMBER

William (Bill) E. Cheek

President

913-534-5699

Paul N. Cooper

Director and General Manager

913-534-5351

Victoria L. Johnson

Senior Account Manager

850-893-1821

K.9

PAYEE IDENTIFICATION NUMBER

The Payee 10 number is the taxpayer number assigned and used by the Comptroller of Public
Accounts of Texas. The Offeror shall provide its payee identification number in the space
provided below. If this number is not known, the Offeror shall provide the Federal Taxpayer
Identification number.
Payee Identification Number:
or
Federal Taxpayer Identification Number: _ _~5""9",-3"-,,2..,,6,,,8,,,0£90,,-

Page 74 of 75

_
_

bYb-IT-Y-15-C0069
SECTION K

Offender Telephone System

-,.EMBARQ"

VOLUME ONE, SECTION

K,10 • POINT OF CONTACT
The Offeror shall provide the name, address and telephone number of a pOint-of-contact for
questions concerning the submitted Offer.
Name: Victoria L. Johnson

Title: Senior Account Manager

Telephone Number: 850-893-1821 Fax Number: 850-893-2531
Street Address: 1871 Newman Lane

City: Tailahassee State: Florida Zip Code: 32312

EMBARQ has read, understands and complied.

K,11 - CERTIFICATION
To be completed by the Offeror: (The Offeror must check or complete alf appropriate boxes or
blanks In the Representations and Certifications. on the preceding pages). The
Representations and Certifications must be executed below by an individual authorized to bind
the Offeror.
The Offeror makes the foregoing Representations and Certifications as part of its proposal.
Emb r Pa hone Services Inc
N ie of Offefror

696-IT-8-P022
Solicitation No.

I';{z/d?

Signature of Authorized
Individual

Date

Typed Name of Authorized Individual: William E. Cheek. President
Note: The penalty for making false statements shall void the submitted offer or any resulting
contracts, and the Offeror shalf be removed from all bid lists.

Page 75 of 75
Texas Department of Criminal Justlce
Solieitatlon No. 696-rr-S-P022 "Offender Telephone System (015)
Volume One - Introduction Portion of Proposal

c; SECU~M~L,
Page

696-IT-9-15-C0069
Offender Telephone System

EXHIBIT J.t
SITE LIST

Additional Infonnation regarding Facilities may be accessed by going to
http://www.tdcj.state.tx.us/stat/unitdirectory/all.htm
NOTE' Please be aware that Offender population is an approximate due to daily changes.

Location Name

No.
I

Allred

B. Moore-Private

3
4

Beto

Approx.
Total No.
Offenders

Approx. Total
No. Eligible

Approx. No. of Phones
Req. at Current Eligible
Ratio

3,636

2,135

497

485

Bartlett State Jail-Private **

1,046

962

** (Trusty Camp)

3,310

2,902

Bill Clements

3,618

2,462

Boyd

1,323

1,197

Bradshaw

1,956

1,623

Bridgeport-Private

519

503

Briscoe

1,322

1,159

1,118

232

1,205

1,101

12 Central (Trusty Camp)

991

886

13 Chasefield (Garza) (Trusty Camp)

206

1,060

791

518

SIS

4,088

3,077

103

811

711

2,832

1,902

580

535

20 Dalhart

1,023

934

21 Daniel

1,301

1,195

22 Darrington (Trusty Camp)

1,858

1,204

2,192

2,026

516

490

2,065

1,827

586

558

2,444

1,793

2,329

1,991

29 Estelle

3,172

2,182

30 Estes-Private

1,036

977

31 Ferguson (Trusty Camp)

2,389

1,615

964

853

594

522

** (Existing OTS)

10 Byrd **
11 C. Moore-Transfer

14 Clemens (Trusty Camp)
IS Cleveland-Private
16 Coffield

** (Existing OTS)

** (Trusty Camp)

17 Cole State Jail
18 Connally
19 Cotulla-Transfer

23 Dawson State Jail-Private

24 Diboll Private **
25 Dominguez State Jail
26 Duncan-Transfer
27 Eastham
28 Ellis

** (Trusty Camp)

32 Fonnby State Jail
33 Fort Stockton-Transfer

Page 1 of 4

696-IT-9-15-C0069
Offender Telephone System

EXHIBIT J.t
SITE LIST

Additional Information regarding Facilities may be accessed by going to
htto: IIwww.td c ' .state.t i t at/um'td'
I
x.us s
IrectorVi a11 .htm

Location Name

No.
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67

Garza East-Transfer
Garza West-Transfer
Gatesville (Trusty Camp) (Crain Unit)
Gib Lewis **
Gist State Jail
Glossbrenner-Substance Abuse FPF
Goodman-Transfer
Goree ** (Trusty Camp)
Gurney-Transfer **
Halbert-Substance Abuse FPF
Hamilton
Havins State Jail
Henley State Jail
Hightower
Hilltop (Trusty Camp)
Hobby
Hodge (Trusty Camp)
Ho11iday-Transfer **
Hospital - Galveston (Trusty Camp) *
Hughes
Huntsville **
Hutchins State Jail
Jester I
Jester 1Il (Trusty Camp)
Jester IV*
Johnston-Substance Abuse FPF
Jordan
Kegans State Jail**
Kyle-Private (Existing OTS)
LeBlanc
Lindsey State Jail-Private **
Lockhart Private Prison **(Existing OTS)
Lockhart Work Facility-Private
Lopez State Jail

Approx.
Total No.
Offenders
1,926
2,180
1,959
2,151
2,175
596
600
1,041
2,038
580
1,017
573
548
1,302
490
1,306
952
2,014
186
2,857
1,693
2,096
319
1,045
498
561
986
580
519
1,142
1,013
500
498
1,000
Pa 9e2ot'

Approx. Total
No. Eligible
1,852
1,406
1,772
1,095
1,977
596
554
686
1,471
579
1,003
572
547
1,154
465
1,088
893
962
30
2,090
1,250
1,738
319
983
27
559
894
532
512
1,129
937
475
0
927

Approx. No. of Phones
Req. at Current Eligible
Ratio
62
47
60
37
66
20
18
23
50
20
34
20
19
39
16
37
30
33
2
70
42
58
11

33
I

19
30
18
18
38
32
16
0
31

696-IT-9-15-C0069
Offender Telephone System

EXHIBIT J.t
SITE LIST

Additional Infonnation regarding Facilities may be accessed by going to
hltO: IIWWW.td c ..state.tx.usI stat/um'ld'
I
lrectorvla11 .htnt

No.

Location Name

Approx.
Total No.
Offenders

Approx. Total
No. Eligible

Approx. No. of Phones
Req. at Current Eligible
Ratio

68 Luther (Trusty Camp)

1,279

1,113

69 Lychner State Jail-Private**

2,098

1,684

70 Lynaugh

1,370

1,286

72 McConnel1

2,839

1,996

73 Michael (Trusty Camp)

3,146

2,275

74 Middleton-Transfer

2,068

1,579

75 Montford (Trusty Camp) * .

820

400

76 Mountain View

597

486

77 Murray

1,253

1,066

78 Neal

1,684

1,567

557

544

80 Pack I (Trusty Camp)

1,451

1,396

81 Plane State Jail

2,142

1,713

82 Polunsky **

2,890

2,050

83 Powledge ** (Trusty Camp)

1,071

1,017

84 Ramsey (Trusty Camp)

1,688

1,487

85 Roach

1,335

1,179

86 Roach BT Camp

87 Roach Work Camp (Trusty Camp)

2,819

1,833

596

536

90 San Saba-Transfer

91 Sanchez State Jail

1,058

947

610

606

1,200

1,158

524

372

95 Smith

2,095

1,141

96 Stevenson

1,331

1,274

97 Stiles

2,881

2,039

98 Stringfellow (Trusty Camp)

1,128

1,037

99 Telford

2,807

1,890

100 Terrell (Trusty Camp)

1,563

1,465

1,328
t'age ;j or'

1,163

71 Marlin-Transfer

79 Ney State Jail

88 Robertson
89 Rudd-Transfer

92 Sayle-Substance Abuse FPF
93 Segovia
94 Skyview*

101 Torres

696-IT-9-15-C0069
Offender Telephone System

EXHIBIT J.l
SITE LIST

Additional Information regarding Facilities may be accessed by going to
·m;
htt IIWWW. tdC ..stat t l stat/um'td' t i l l .htm
e. x.us
lrec orVia

Location Name

No.
102
1m
104
105
106
107
108
109
110
111
112
113
114

Travis County State Jail
Tulia-Transfer
Vance
Wallace
Ware Transfer
Wayne Scott Unit (Trusty Camp)
West Texas Hospital
Wheeler State Jail
Wilderness 3 (San Angelo Work Camp)
Willacy County State Jail-Private **
Woodman State Jail
Wynne ** (Trusty Camp)
Young Complex* (Dorms only)
Grand Totals

Approx.
Total No.
Offenders

Approx. Total
No. Eligible

Approx. No. of Phones
Req. at Current Eligible
Ratio

1,086
597
302
1,337
903
1,053
109
546
40
1,066
869
2,601
392

975
532
302
1,089
803
963
95
534
40
1,035
723
2,095
381

33
18
11
37
27
33
4
18
2
35
25
70
20

151,381

120,692

4,087

* Unique Locations-May adhere to a lower phone to offender ratio due to medical, security or other programs.
** Designated as Recommended Site Facility Visit
NOTE: Additional Site Visits Must Be Scheduled Through the Department (Reference L.9.2)
Due to housing scheme changes, the Department reserves the right to request select units be
wired for phone access in all offeuder living areas.

Regional and Administrative Departments Monitoring Sites
No.

Additional information regarding Regional Sites may be accessed by going to
http://www.tdc.i.state.tx.us/statlunitdirectory/map.htm

1 Region I - Huntsville

Region II - Palestine

3 Region III - Rosharon
4 Region IV - Beeville

5 Region V - Plainview

6 Region VI - Austin
7

Huntsville Administrative •

8 Austin Administrative *
9 Private Facilities Contract Oversight I Montitoring Division

10 Security Threat Group (STG)

* May include more than one location.
Page 4 of 4

696-IT-9-15-C0069
Offender Telephone System

J.4 Contract Performance
Measures
The below listed Performance Measures have been identified as critical to the success of the Offender Telephone System. The Contractor
shall ensure that the stated Outcomes are achieved at the required Standard. Performance shall be measured per facility location beginning
at contract implementation and shall continue through the term of the Contract.
Item Identifier
No.

Outcome

Standard

Revenue/Payment Adjustment

l00.lX)%

Any amount owed to the State more than one (I) business
day beyond the date such amount is due shall accrue interest
each day at the annualized rate of one percent (1 %) plus the
prime rate as published in the Wall Street Journal on the first
day of July of the preceding fiscal year that does not fall on a
Saturday or Sunday.

100.00"10

Failure to provide the required ratio will result in the
Contractor paying an additional 1% of total commission
revenue owed to the Department for the period(s) of noncompliance for the facility in non-compliance.

B.1.2and
G.3.2

C.3.1.1, C The OTS shall be configured to ensure a ratio of not greater
than 30 eligible offenders per telephone device at each facility.
Contractor shall install and activate additional lines and
telephones within ten (l 0) business days from date of
notification by Department dependent upon eligible
offender/telephone ratio.

1 of 3

696-IT-9-15-C0069 ..... , .... , ....... ,

, .... , .... 1-', ...... , ...... ...,'/"',..... ",

C.3JJ,
C

The OTS must be configured in prepaid and collect, outward
calling mode, to landlines only. Each number dialed must be
validated as a landline before a call attempt is completed.
The Department acknowledges that local number portability
to cell phones may result in lag time when a landline number
is converted to a cell service, and this penalty will not be
assessed if the Contractor can produce documented evidence
that the number was validated as a landline number before
the call was completed.

lOOJXl"1o

Each call outside of the restrictions set by the Department
shall be assessed at $500_00/caIL

Calling must be available for all locations within the
continental United States_ There is no intent at this time to
allow calls to international locations.
4

C.3JJ, C The Contractor shall ensure that no confidential attorney-client
communication is monitored or recorded by the Department or
any person acting on the Department's behalf.

lOOJlO%

Each call outside of the restrictions set by the Department
shall be assessed at S500.00/call.

C.3.I.I, J When an offender dials a telephone number and enters hislher
PB 1 and PIN, the OTS must have the capability to compare the
telephone number dialed with the list of allowed telephone
numbers for that specific PIN. Allowed calls will be completed
only after the validation. Calls that are not on the allowed
telephone number list will not be completed. An announcement
shall be provided stating that the call was to an unauthorized
telephone number.

lOOJlO%

Each call outside of the restrictions set by the Department
shall be assessed at $500.00/call.

C.3.1.2

The OTS shall be engineered to ensure that only a minimum
amount (5% or less) of lines and/or trunks per facility will be
out of service due to peripheral component failure.

20f3

100.00% Outages that exceed the 5% minimum outage rate will result
in the Contractor paying an additional 1% of total monthly
commission revenue owed to the Department for the
period(s) of non-compliance for the facility in noncompliance.

696-IT-9-15-C0069
Off,
..................... , .......... 1"'. ' ...............

C.3.2.2

... .... " .
~

98.00%

Contractor shall be assessed 100% of last incumbent's salary
for term the position is vacant beyond an initial 30-day
period to screen and hire applicant(s).

C3.5

The Contractor shall provide training on an as-needed basis
throughout the term of the Contract.

looJlO%

Contractor shall be assessed 100% of comparable
Department trainer salary for each position reasonably
needed to train the employees/offenders for each day
training is late.

C.3.6

The Contractor shall acknowledge that the OTS is a revenue
stream for the Department. Thus, any system failure affects
the revenue stream and the Department requires that any
system failure shall be restored to full capacity within
acceptable time limits.

100.00"10

A system failure which lasts beyond twenty-four hours after
placement of service call will result in liquidated damages in
the amount equal to estimated commission revenue owed to
the Department that is lost for time beyond the twenty-four
hour limit.

H.9

Contractor shall meet its obligations to commence services at
the facility within the time frames defined by the Contract. In
the event the Contractor fails to meet those time frames as
defined by the Contract, absent force majeure events and/or
extensions from the Department, the Department will have the
right to calculate reasonable revenues that are lost and charge
the Contractor for each day that the Facility is inoperable due
to delays caused by the Contractor's nonperformance.
The Contractor shall design and manage the OTS in such a
manner that traffic demand will never exceed capacity.

100.00"10 For each report that is not received within five (5) calendar
days of scheduled due date, Contractor shall pay an
additional I % of total commission revenue owed to the
Department of the month in which the deficiency occurred,
unless both parties mutually agree to a later date.
100.00"10 Failure to comply with implementation schedule will result
in lost commission revenue to the Department, and
Contractor shall pay the negotiated rate of lost commission
revenue owed to the Department per facility that fails to be
operational as scheduled.

3 of 3

100.00"10

The Department will be reimbursed for lost commission
revenue at any time that the system capacity limits prohibit
all or some outbound calls to the extent that such capacity
limit is due to the design or operation of the OTS by the
Contractor.

696-IT-9-15-C0069
Offender Telephone System
Exhibit J.5

GOVERNMENT CODE

CHAPTER 495. CONTRACTS FOR CORRECTIONAL FACILITIES AND SERVICES
SUBCHAPTER B. MISCELLANEOUS CONTRACTS FOR CORRECTIONAL FACILITIES
AND SERVICES

§ 495.025.
INMATE PAY TELEPHONE SERVICE.
(a)
The board
shall request proposals from private vendors for a contract to
provide pay telephone service to eligible inmates confined in
facilities operated by the department.
The board may not consider
a proposal or award a contract to provide the service unless under
the contract the vendor:
(1)
provides for installation, operation, and
maintenance of the service without any cost to the state;
(2)
pays the department a commission of not less than
40 percent of the gross revenue received from the use of any service
provided;
(3)
provides a system with the capacity to:
(A)
compile approved inmate call lists;
(B)
verify numbers to be called by inmates, if
necessary;
(C)
oversee entry of personal identification
nwnbers;
(D)
use a biometric identifier of the inmate
making the call;
(E)
generate reports to department personnel on
inmate calling patterns; and
(F)
network all individual facility systems
together to allow the same investigative monitoring from department
headquarters that is available at each facility;
(4)
provides on-site monitoring of calling patterns
and customizes technology to provide adequate system security;
(5)
provides a fully automated system that does not
require a department operator;
(6)
provides for periodic review by the state auditor
of documents maintained by the vendor regarding billing procedures
and statements, rate structures, computed commissions, and service
metering;
(7)
ensures that a ratio of not greater than 30
eligible inmates per communication device is maintained at each
facility;
(8)
ensures that no charge will be assessed for an
uncompleted call and that the charge for local calls will not be
greater than the highest rate for local calls for inmates in county
jails; and
(9)
ensures that each eligible inmate or person acting
on behalf of an eligible inmate may prepay for the service.
(b)
The board shall award a contract to a single private
vendor to install, operate, and maintain the inmate pay telephone
service.
The initial term of the contract may not be less than

lof2

696-IT-9-l5-C0069
Offender Telephone System
seven years.
The contract must provide the board with the option
of renewing the contract for additional two-year terms.
(c)
The department shall transfer 50 percent of all
commissions paid to the department by a vendor under this section to
the compensation to victims of crime fund established by Subchapter
B, Chapter 56, Code of Criminal Procedure, and the other 50 percent
to the credit of the undedicated portion of the general revenue
fund, except that the department shall transfer the first $10
million of the commissions collected in any given year under a
contract awarded under this section to the compensation to victims
of crime fund established by Subchapter B, Chapter 56, Code of
Criminal Procedure.
This section does not reduce any
appropriation to the department.
(d)
Subject to board approval, the department shall adopt
policies governing the use of the pay telephone service by an inmate
confined in a facility operated by the department, including a
policy governing the eligibility of an inmate to use the
service.
The policies adopted under this subsection may not unduly
restrict calling patterns or volume and must allow for an average
monthly call usage rate of eight calls, with each call having an
average duration of not less than 10 minutes, per eligible inmate.
(e)
The department shall ensure that the inmate is allowed
to communicate only with persons who are on a call list that is
preapproved by the department.
Except as provided by Subsection
(f), the department shall ensure that all communications under this
section are recorded and preserved for a reasonable period of time
for law enforcement and security purposes. A recording under this
subsection is excepted from disclosure under Chapter 552.
(f)
The department shall ensure that no confidential
attorney-client communication is monitored or recorded by the
department or any person acting on the department's behalf and
shall provide to the vendor the name and telephone number of each
attorney who represents an inmate to ensure that communication
between the inmate and the attorney is not monitored or recorded.

Added by Acts 2007, 80th Leg., R.B., Ch. 100,

1, eff. May 15,

2007.

Text of section as added by Acts 2007, 80th Leg., R.S., Ch. 1308,
§

20£2

NUMBER:

TEXAS DEPARTMENT

ED-03.32

DATE: January 23, 2008

OF
CRIMINAL JUSTICE

PAGE:
SUPERSEDES:

lof6
SM-OI.30 (rev.l)
April 30, 2005

EXECUTIVE DIRECTIVE
SUBJECT:

OFFENDER ACCESS TO TELEPHONES

AUTHORITY:

Sections 493.006(b), 494.002(a), 495.025 and 2170.009, Texas
Government Code; Article 42.12 and Chapter 62, Texas Code of Criminal
Procedure (TCCP)
Reference: American Correctional Association (ACA) Standards 4-4271,
4-4272, 4-4280 and 4-4497.

APPLICABILITY: Texas Department of Criminal Justice (TDCJ or Agency). Excludes
privately operated Intermediate Sanction Facilities (ISF), pre-parole
transfer (PPT) facilities and leased beds.
POLICY:
The TDCJ shall establish guidelines for offender access to outgoing telephone calls. Telephone
calls between offenders and attorneys shall be confidential and are addressed in BP-03.81,
"Offender Access to Courts, Counsel and Public Officials Rules."
DEFINITIONS:
"Personal Biometric Identifier" (PBI) is a method of identification based on the use of biological
properties (e.g., fingerprints, retina scans, voice recognition) to identify a specific individual.
PROCEDURES:
I.

Three (3) methods, based on eligibility criteria, shall be available for an offender to place
outgoing telephone calls:
A.

A call placed through a telecommunications contractor provided telephone. The
telephone system shall be available upon completion of the contract award
process and installation.

A collect call placed from a state owned unit telephone, which is requested
through the Warden or designee.

ED-03.32
Page 2 of6

Other telephone calls an offender has a right to make due to a statute or Agency
policy, which shall be placed collect on a state owned unit telephone through the
unit Law Library.

II.

Offenders shall conduct telephone conversations in an acceptable manner. Loud,
boisterous conversations shall not be permitted. Offenders are prohibited from speaking
in code, passing gang related information, planning criminal activity or using the
telephone in furtherance of any criminal conduct. Threats, obscenities and other types of
abusive language shall result in immediate termination of the telephone call, suspension
of future telephone privileges and disciplinary action.

III.

Foreign national offenders shall be permitted to call the General Consulate of the
offender's country. The following procedures shall apply to all calls placed to the
General Consulate:
A.

Arrangement for these calls shall be made as soon as practical after receiving a
request from a foreign national offender;

The call shall be a collect call and shall not be subject to monitoring; and

The call to the General Consulate shall be placed through the unit Law Library.

IV.

Offenders are prohibited from dialing or answering any telephone calls on state owned
nnit telephones. In limited circumstances, the Warden may designate locations where
telephones at a work location are available to call directly to central control. When
answering a telephone, the offender shall clearly state, "Offender (name), (department
name)." When an offender has sole access to a telephone, the telephone shall be disabled
so it cannot make outgoing telephone calls.

Eligibility Criteria and Procedures for the Telephone System
A.

The telephone system shall be installed and maintained by a telecommunications
provider (Provider), which has been awarded the service contract with the State of
Texas. Access to the telephone system shall be validated and initiated by the
Provider based on specific eligibility requirements as follows:
1.

Offenders classified as Level I, 2, 3 and 4 (to include Protective Custody
and Safekeeping) shall be authorized to access the telephones.

Offenders in a psychiatric inpatient program or Mentally Retarded
Offender Program shall be allowed access to the telephone system in
accordance with the offender's treatment plan.

Offenders in Transient Status, Pre-Hearing Detention, Solitary, Cell
Restriction and Special Cell Restriction shall not be permitted access to
telephones regardless of custody designation.

ED-03.32
Page 3 of6

Prior to initial approval, an offender shall not have been found guilty of
any major disciplinary violations within the last 90 days (30 days for state
jail offenders) and shall be engaged in full-time work, school or treatment
programs. Offenders whose medical condition precludes work and who
meet all other requirements shall be eligible to participate in this program.

Access to the telephone system may be interrupted as a result of telephone
restriction assessed through the Offender Disciplinary Rules and
Procedures.

Telephone access shall not be interrupted due to a unit transfer.

Eligible offenders shall have an unlimited number of telephone calls up to 120
minutes per month. Each telephone call shall be automatically terminated after 15
minutes; however, the Agency may shorten the length of each telephone call to
ensure all eligible offenders have the ability to access the telephone system.

Each eligible offender shall have a PBI which shall be used to access the
telephone system and a unique Personal Identification Number (PIN) to verify the
PBI.

Each eligible offender may call any person on the offender's approved Visitors
List. In addition, an offender shall be permitted to place their attorneys' phone
numbers on the Call List.
1.

An offender's family and friends shall have the ability to purchase
telephone minutes for use by an eligible offender directly from the
Provider. These individuals are not required to be on the offender's
approved Visitors List to purchase minutes.

Offenders shall have the ability to place calls to Crime Stoppers and
similar organizations as designated by the Correctional Institutions
Division (CID) Director or designee. These calls shall be at no charge to
the offender and shall have no impact on the offender's prepaid minutes.

All changes shall be provided by the TDCJ to the Provider.

Offenders shall be permitted to call only landline telephone numbers within the
continental United States.

The telephones shall be located within the dayrooms/living areas of the
cellblock/dormitories and other locations as designated by the TDCJ.

The telephone system shall be operational between the hours of 7:00 a.m. and
10:00 p.m. seven (7) days per week with the exception of count time and other
times as designated by the Warden due to unit activity.

ED-03.32

Page 4 of6

VI.

All telephone calls shall be subject to monitoring and recording, except calls to an
attorney providing legal services to the offender. An attorney listed on the
offender's approved Visitors List who is not providing legal services to the
offender has no expectation of privacy during a telephone conversation placed
using the telephone system.
All complaints and concerns, other than eligibility criteria, regarding the
telephone system shall be addressed by the Provider.

Calls Placed on State Owned Unit Telephone Equipment
A.

Any offender in Administrative Segregation, disciplinary detention, another
custody category or other special circumstances, who is not eligible under Section
V.A may request and receive authorization for a telephone call at the Warden's
discretion.
.

All outgoing telephone calls shall be placed collect, unless the call is a local
number.

Calls placed on state owned unit telephones shall be scheduled at the discretion of
the Warden or designee. Offenders shall be limited to one (I) telephone call
every 90 days (30 days for state jail offenders).

Calls placed on state owned unit telephones shall be limited to five (5) minutes in
duration. Should the offender not reach the desired party, the offender may try
one (I) additional number. Calls may be further restricted during high traffic
periods (e.g., Christmas holidays where a three [3] minute limit would allow more
calls to be made).

Offenders shall be allowed to call only those persons who appear on the
offender's approved Visitors List. Requests for an exception submitted on an
1-60, Offender Request to Official shall be reviewed and approved at the
discretion of the Warden or designee.

Calls placed on state owned unit telephones shall be dialed and monitored by an
authorized security staff member appointed by the Warden or designee. An
interpreter shall be available to monitor calls for those offenders who speak only
Spanish or for those offenders who are bilingual but whose family members are
not. An interpreter may monitor calls for those offenders who speak foreign
languages other than Spanish or those offenders who are bilingual but whose
family members are not.

Calls placed on state owned unit telephones, including those made through the
Chaplain, shall be logged on the Telephone Log for Approved Offender Calls
(Attachment A), which shall be located in an area designated by the Warden.

Wardens shall establish unit specific procedures for offender access to state
owned unit telephones, which shall be reviewed by the appropriate Regional

ED-03.32

Page 5 of6

Director. The procedures shall indicate the location of the phones available for
offender l1se and the times telephone calls are permitted.
VII.

All requests from law enforcement agencies for records or recordings from the telephone
system shall be forwarded to the 01G.

VIII.

Any information regarding criminal activity that is acquired via any telephone shall be
forwarded to the OIG by the Warden or designee. If there is an immediate threat to public
safety, notification shall take place as soon as practical and shall be reported as
appropriate.

IX.

All telephone records shall be maintained m accordance with the TOe] Records
Retention Schedule.

Brad Livingston
Executive Director

ED-4I3.JZ

Po,e5./6

Director. The procedures shall indicate the location of the phones available for
offender use and the times telephone calls are permitted.
VII.

All requests from law enforcement Igencies for records or recordings from the telephone
system shall be forwarded to the om.

VIII.

Any information regarding criminal activity that is acquired via any telephone shall be
forwarded to the oro by the Warden or designee. If there is an immediate threat to public
safety. notification shall take place as soon as practical and shall be reported as
appropriate.
.

IX.

All telephone records shall be maintained in accordance with the TDCJ Record.

Rerention Schedule.

•

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