Prison Phone Justice

SOLICITATION, OFFER AND AWARD
1. CONTRACT NO.

2. SOLICITATION NO.

696-IT-19-25-C021

696-IT-18-P014

3. TYPE OF SOLICITATION
0 SEALED BID (IFB)
0 NEGOTIATED (RFO)
~NEGOTIATED (RFP)

4. DATE ISSUED

September 1, 2018

SOLICITATION

5. Sealed offers will be received by the Department until
1 :00 p.m. local time on May 29, 2018, and submitted to:

6. FOR INFORMATION CONTACT:

Texas Department of Criminal Justice
Contracts and Procurement Department
Information Technology, Construction and Utilities Branch
Two Financial Plaza, Suite 525
Huntsville, Texas 77340
Attention: 696-IT -18-P014

Terri Bennett, CTPM, CTCM
Contract Specialist
PHONE: (936) 437-7158
FAX:
(325) 223-0310
E-MAIL: terri.bennett@tdcj.texas.gov

OFFER (Must be fully completed by Proposer)
7. Reserved:-+
8. ACKNOWLEDGMENT OF
AMENDMENTS:
The Proposer acknowledges receipt of
amendments to the SOLICITATION for
Proposers and related documents numbered
and dated:
9.

NAME AND ADDRESS
OF PROPOSER:-+

AMENDMENT NO.
Amendment No. 1
Amendment No. 2
Amendment No. 3

DATE
April 18, 2018
April 24, 2018
May 3, 2018

Centurylink Public Communications, Inc.

100 N Mo Pac Expy, Suite 100
Austin, TX 78759
11. TELEPHONE NO. (Include area code)

12. SIGNATURE
-

(913) 353-7388

\

AMENDMENT NO.
Amendment No.4

DATE
May 9, 2018

Amendment No . 5

May 11, 2018

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

Paul Cooper
VP/GM
13. OFFER DATE

--.....__

s-/z.q / zo 1e

TO BE COMPLETED AT TIME OF AWARD
Document Type: 9
Statutory Cite: Texas Government Code, Section 495.027

This award consummates the Contract which consists of the following documents: (a) the State's solicitation, and solicitation
amendments, such provisions, representations, certifications, specifications, and negotiated changes as hereby
incorporated and attached to this award; (b) the Contractor's offer, points of clarification, responses to clarification request
and/or 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 and/or best and final offer, the terms which are more favorable to the Department shall prevail.

CenturyLink Pu ~Communications, Inc.

Texas D:a~Lmin~I Justice

By:
Name:
Title:
Date:

By:

\.~~

Paul Cooper
VP/GM
----~
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-,-~-----------

2

Page 1 of 82

Title:
Date:

~

Bry~"
Executive Director

696-IT-19-25-C021
Negotiated Changes
The following items are mutually agreed to by CenturyLink Public Communications, Inc. and the
Department and are hereby incorporated in this Contract, including revisions made by Amendments
1-5.

1. The Solicitation, Offer and Award form has been revised to add the Contract number, revise block
5 to update sealed offer deadline, removed block 7 per Amendment #1, added the Contractor and
authorized signor's name and title in the signature block. "The total amount for the Base Period
(September 1, 2018 - August 31, 2025) and three (3) - two (2) year renewal options" has been
removed.
2. Section A, Definitions, Contractor, has been revised to include the name of the Contractor.
3. Section B.1.1, Services Being Acquired, has been revised to include updated language.
4. Section B.2, Pricing Schedule, has been revised to include the Contractor's rates for providing the
Offender Telephone System.
5. Section B.3, Allowable Costs, has been removed per Amendment #4.
6. Section C.3.1.1.A, Contractor Requirements, has been revised to exempt phone pedestals from
the "all equipment shall be new and unused" requirement per Amendment #3.
7. Section C.3.1.1.E, Access Control, has been revised to include updated language per Amendment
#4.
8. Section C.3.1.1.W, Wireless Containment System (WCS), has been revised to include updated
language.
9. Section C.3.1.2.D. Technical Specification Requirements, 2nd Para., has been revised to include
updated language.
10. Section C.3.10, Added Value has been revised to include updated language.
11. Section G.3.2, Late Remittance, has been revised to include updated language.
12. Section H.1.C, Insurance Requirements, has been revised to include updated language.
13. Section H.1.1, Para. 1, Required Provisions, has been revised to include updated language.
14. Section H.1.1.A, Required Provisions, has been revised to include updated language.
15. Section H.1.1. B, Required Provisions, has been revised to include updated language.
16. Section H.1.1.D, Required Provisions, has been revised to include updated language.
17. Section H.1.1. F, Required Provisions, has been revised to include updated language.
18. Section H.1.1.H, Required Provisions, has been revised to include updated language.
19. Section H.1.1.1, Required Provisions, has been revised to include updated language.
20. Section H.2.2, Historically Underutilized Business (HUB) has been revised to include updated
language.
21. Exhibit J.2, HUB Subcontracting Plan, has been removed.
22. Exhibit J.3, Centurylink Public Communications, Inc. form has been inserted.
23. Exhibit J.4, Contract Performance Measures, Pg. 8, Priority 3.1, Revenue/Payment Adjustment,
has been revised to include updated language.
24. Section K, Representations, Certifications, and Other Statements of Offerers, has been revised to
include the Contractor's responses to subsections K.1.2, K.2, K.4, K.8, K.9, K.10 and K.11.
25. Sections L and M of this Contract are hereby deleted.

Page 2 of 82

696-IT-19-25-C021
TABLE OF CONTENTS
Page
TABLE OF CONTENTS ................................... ................. .... .. .................. .. .. ........ ....... .... ...... ... ....... .... ...... 3
SECTION A - CONTRACT DEFINITIONS ............................................................................................... ... 6
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS ............................................... ........... ... 9
B.1 SERVICES AND PRICES/COSTS ... .......... .... .. ................. ... ... .. ... .............. ..... .. .. ... ....... ........ ...... ... 9
B.1 .1
Services Being Acquired ..... .. .. ... ... .... ... .. .. ..... ... ........ .. ... .... ... .................................................. 9
B.1.2
Pricing Instructions ...... ......... .......... ..... ......... .... ........ ... .. ................................ ......................... 9
B.1.3
Rates, Fees and Costs .... ... ........ .. .... .... ... ..... ... .. .. ... ...... ..... .. ................................................. 10
B.2 PRICING SCHEDULE .. .... ... ........ ... .. ... .. ......... .... ... ... ... .... ................ .... ....... ... ....... ........................ 11
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT ........................................ ..... .... 13
C.1 BACKGROUND ... ... ... ... ............ ... ... ... ....... ...... ... .. .... .. ........ .. .. .. .. ............ ............. .. .......... ............ 13
C .2 STATEMENT OF WORK .................... .. ... ... ................................ .... ... .. ... ...... ... .... ........ ....... ......... 13
C.3 SCOPE OF WORK TO BE PERFORMED .. ... .. ... .............................. .. ... .. ................. ........... ... .. ... 13
C.3.1
Functional and Technical Specifications/Requirements ...... .. .. ... ... .... ... .. .. .... .. ... .... .. .. ........ ... . 13
C.3.1.1 Functional Requirements ................ ... .. ....... ........................... ... ....... ............... .. ...................... 14
C.3.2 Contractor Requirements, Responsibilities , and Staffing ........... .................... ..... ............... ... ... .. 27
C.3.3 Other Requirements ... ...... ... ... ..... ......... .. ...... ........ ... .... .. ... .. ..... ..... .... .... .......... ...... ........ ..... ... ..... 32
C.3.4 Implementation , Installation, System Initiation, Testing and Acceptance ...................... ... ...... .. .. 36
C .3.5 Training ........ ..... ..... .. .. ..... ..... .. .. .. ........ ....... ... ............... .. .................... ... .. ..... ... .. .. .... .. .... ..... ..... ... 40
C.3.6 Maintenance and Support Requirements .... ... .. ... ... .. .. .... ........ ..... .... ...... ............ ... ....... ....... ..... ... 42
C.3. 7 Commission Requirements ................ ..... ....... ... ................. ........... ........ ....... .... ......... .. .. ......... .. . 43
C.3.8 Contractor Quality Control Plan .......... .... .. ................................ .. ... .. ...... .. .................................. 43
C.3.9 Contractor Communication ........................................................................... .. .............. ...... ...... . 43
C.3.1 O Added Value .. .... .... .................... ......... ..... ...... ............................... .... ... ...... ............ ... ......... ..... . 44
SECTION D - REQUIRED REPORTS ................... .. ... .......... ............. ................................ ........... ....... .... 45
SECTION E - INSPECTION AND ACCEPTANCE ..................... .......... ............................ ...... .. ................ 46
E.1 INSPECTION OF SERVICES ..... .. .... .. .. .. .. ..... ........ .................... ...... .... .. .... .... .. ........ .. ... ..... .... ...... 46
E.2 INSPECTION OF PROGRAM ... ... .. ........ ........... .. ... ......... ......... .......... .. ...... ... ..... ....... .................. 46
E.3 MONITORING CRITERIA .. ...... ...... .... .... ... ...... ... ............. ... ..... ...... ... .... ........ ............ .................... 47
E.4 AUTHORITY TO AUDIT ............. ... .. ...... ... ................ ......... .. .......... ........ .. ... ... ... ....... .. .... ... ... .. ...... 47
E.5 AUDITS BY OTHER AGENCIES ......... .... .......... .. .... .. ... .. ... .. .. ... ... .... ... .. .. ............ .... ......... .. ..... ..... 47
E.6 FRAUD, WASTE OR ABUSE ............. ..... .................................................................................... 47
SECTION F - DELIVERIES OR PERFORMANCE ... .... ................ ....... .. ............ .... ............ ........... ......... ... 49
F.1 PERIOD AND PLACE OF PERFORMANCE .. ..... ..... ... .. ... .. ... .. .... .............................. .................. 49
F.2 OPTION TO RENEW .. .. ..................... ...... ...... .............. .. ....... .................. .... ... ... ..... .... ............ ... ... 49
F.3 OPTION TO EXTEND ..... ... .. .. ... .... ....... .. .. .... .. ........ ...... ............. .................... .. .... ..... ......... .......... 49
F.4 TRANSITION OF CONTRACT .. .... .... .. ..... .. ....... .. ......... ......... ... ... ..... ....... .... .. .............................. 49
SECTION G - CONTRACT ADMINISTRATION DAT A ........................................ .... ....... .... .... ................. 50
G.1 CLAUSES INCORPORATED BY REFERENCE .. .... ... .. ... ......... .. ... ......... .... .................. .. .. .. .... .... . 50
G .2 AUTHORITY -AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST, CONTRACT
MONITOR AND PROGRAM DIRECTOR ........ ........................... ..... ... ... ............................. .. ... .... 50
G.2.1
Authorized Representative .......... ... ..... ....... ........ .. ................ ... ... ..... .......... .. .. .. ... .... .. .. .. ...... .. 50
G.2.2
Contract Specialist ...................... ...... ..... .. ... .... .............. .... .... .......... ... .... .. .......... .... .... .... ...... 50
G.2.3
Contract Monitor .............. ............... ..... .... ...................................................................... ..... .. 51
G.2.4
Program Director .... ............ ................ .... ....... .... .... .............. ...... .......... .. ............. .. .. .... .... ...... 51
G.3 COMMISSION REMITTANCE .... .... .. .... ... .. ... .. .... .. ..... ...... ... ...... ... ..... ... .............. .... ... ......... ...... ... . 51
G.3.1
Remittance by Direct Deposit ... .. ... ...... .... ........ ......... ... ...... ... .......... ... ............ .. .. ..... .. .... ....... . 51
G.3.2
Late Remittance ... .... ... ... ... ...... ... ... ... .... ... ...... .......... ...... ..... ... ...... .... .... ... ... .. ... .......... .. ....... ... 51
G.3.3. Commission Reporting .... ... .... ...... ... ..... ... ..... ... ..... ....... ... ... .... ..... ... .. .... ...... ... ... ...... ... .. .... ...... 51
G.3.4. Review of Reported Revenue ... ...... .. .. ... ............ ....... .... ............ ... .. .. ....... .. ......... ...... .. .. ..... .... 52
G.4 ANNUAL FINANCIAL DISCLOSURE REPORTS .. .. ...................... .. ........ .... ................... .. ..... .. ... . 52
SECTION H - SPECIAL CONTRACT REQUIREMENTS ........ ........ ....... .. ............ ........................ ...... ...... 53
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696-IT-19-25-C021
H.1 INSURANCE REQUIREMENTS ............................................. .... .... .... .... ...... .. ....... .... .... ....... ..... .. 53
H.1.1
Required Provisions .................. .... ....... .... ............. ....... ... .... .... .............. .... .... ...... .... ............. 54
H.2 SUBCONTRACTORS ....................................................................................... .. .. ..... ... ... .... ..... .. . 55
H.2.1
lnsurance ........................................................................................................ ... ..... .... ... .... .. 56
H.2.2
Historically Underutilized Business (HUB) ............................................. ...... .. .... ..... ...... ... ..... 56
H.3 TRANSITION ..................................................................................................... ..... .... ... ... ...... ... .. 56
H.4 RESERVED FOR FUTURE USE ..................................................................... ....... ... .. ...... ........ .. 56
H.5 UTILIZATION OF PRODUCTS AND MATERIALS PRODUCED IN TEXAS ... ..... .. ... ... ...... .. ... ..... 56
H.6 CRIMINAL HISTORY INFORMATION COMPLIANCE .................................. ...... .... .. ... .. .... .......... 56
H.7 OTHER CONFIDENTIAL OR SENSITIVE INFORMATION ........................... .. ... ...... .... .... .. .. .. ... ... 57
H.8 BOOKS AND RECORDS ................................................................................ .. .. .... .. .. ........ .. .... .. 57
H.9 ORGANIZATIONAL AND NAME CHANGE ............ ... ....... ....... .... .... .... ......... ... ...... ... .. .... ...... .. .... . 58
H.10
FREE EXERCISE OF RELIGION ................................................................. .... .. ...... ............ . 58
H.11
DELAY OF SERVICES .............................................................................. ......... ... .... ............ 58
H.12
RESERVED FOR FUTURE USE ............................................................... ... .. ... ............. ... .... 58
H.13
SECURITY ............................................................................................... ... ... ... ... .... .... ... ...... 58
SECTION I - CONTRACT CLAUSES ................................................................................................ ....... 59
1.1 RESERVED FOR FUTURE USE ... .. .. .... ....... ........... .... .. ... .. ... ...... .. ...... ........ ..... .... ........... ... .... ..... 59
1.2 ADVERTISING OF AWARD ....... ... .. .... ..... .. ... .. ... .... .... .............. .... ........ .. .. .... ... .... ....... .... .......... .. . 59
1.3 DEFAULT AND TERMINATION ........... .... ... ........... ............ ...... ... ............ ......... ..... ...... ... ........ .... . 59
1.3.1
DEFAULT BY CONTRACTOR ..... .... .... .. ... .. .. .. .. .. .... .. ....... .......... ......... ..... ........... ......... ........ 59
1.3.2
Further Opportunity to Cure ........... ... ..... ....... ...... ... ...... ........... ............ ....... ..... .... ...... ...... ... .. . 60
1.3.3
Remedy of the Department .......... .... ... .......... ..... ... ... ...... .. .. ........... .. .... .... ..... ... ............. ... .. ... 60
1.3.4
RESERVED FOR FUTURE USE ..... .... .... ....... .. .. .. ... ..... ...... ...... ........... ... ... ...... ..... .... ...... ..... . 61
1.3.5
RESERVED FOR FUTURE USE ...... .. ... .... ..... .... .... .............................. .................... ..... ....... 61
1.3.6
Termination for Convenience ......... .... .... ......... ... .... ....... ... ........ ........ ....... ..... .. ........... .. ....... ... 61
1.3. 7
Termination by Mutual Agreement .... ...... ......... .... ........... .... ..... ......... .. ..... ...... ....... .... .. ...... .... 61
1.3.8
Termination Procedures ............... .. ... ..... ..... .. ............. .... ... ...... .... ................ ...... ... .. ... ...... ... .. 61
1.3.9
Default by the Department. ........... .......................... .... ...... .. ... ... ....... ... ... ... .. .. ..... .... .. ..... .. .. ... . 62
1.3.10
Remedy of the Contractor ............ .... ...... .. .... ........ ............ ... ...... .......... ..... ..... ..... ...... .. ........ .. .. 62
1.3.11
Dispute Resolution ....................... ....... .... ..... .... ..... ... ........... .... .................. ..... .... .... ....... ... ... . 62
1.4 NO WAIVER OF RIGHTS ............................................................. ............ ...... ....... .............. ..... ... 63
1.5 INDEMNIFICATION OF THE DEPARTMENT. .............................................. ... ............. .. ... .. .. ..... . 63
1.5.1
Acts or Omissions ....................................................................................... .... ....... .... ....... ... 63
1.5.2
Infringements ................................................................................................... .... .... .. ... ..... .. 64
1.5.3
Taxes/Workers' Compensation/Unemployment Insurance - Including Indemnity ..... ... .. ... .. .. 65
1.6 NO WAIVER OF DEFENSES ......................................................................... ..... ... .... ... .. ..... ...... . 65
1.7 INDEPENDENT CONTRACTOR ........ ........... .... .................................... .... .... ... .. .... .... ........ .. ...... . 65
1.8 LAWS OF TEXAS ................................................................................................... ..................... 66
I 9 ASSIGNMENT ............................................................................................. .. ... ........ .. .. .. ..... .. .. .. .. 66
10 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS ........... ..... ....... ... ....... ... .... ..... 66
11 APPROVAL OF CONTRACT. ...................................................................... ... .... .. ......... .. ............ 66
12 NON-DISCRIMINATION ................................................. ........................... ... ..... ... .................... ... 67
13 CONFIDENTIALITY AND OPEN RECORDS ............................................. ... .. .... .. ......... .. .. .... ... .. . 67
13.1
Confidentiality ........................................................................................ ... .. .. ....... ... .. ..... ....... 67
13.2
Open Records ......................................................................................... .. ... ........ .... ............ 67
14 CONTRACT CHANGES ............................................................................ ... ....... .. ... ........ .... ....... 67
15 OPTION TO EXTEND THE TERM OF THE CONTRACT ...... .... .... ............ ... ............ ..... ... ... .. ... ... 68
16 OPTION TO EXTEND SERVICES .................................................................. ..... .......... .............. 68
17 SEVERABILITY .............................................................................................. .... ...... .. ... ....... ....... 68
18 IMMIGRATION ............................................................................................. .. .. .. .. ....... ..... ...... .. ... 68
19 NO LIABILITY UPON TERMINATION .............................................................................. .. ... ...... 68
.20 LIMITATION ON AUTHORITY ................................................................... ... .. .... ................ .. ... ... 68
1.21 INTELLECTUAL PROPERTY INDEMNIFICATION ...... ....... ... .................... .... ........... ........ ... ...... .. 69
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696-IT-19-25-C021
1.22 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS , AS
REQUIRED BY TEXAS ADMINISTRATIVE CODE, TITLE 1, PART 10, CHAPTER 213 .. ... ...... .. 69
1.23 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE OWNERSHIP) ...... 69
1.24 FORCE MAJ EURE .... ........................ ............... ........................ ....... .. ...... .......................... ... .. .. ... 70
1.25 NOTICES .... ... ........ ... ..... ................ ......... ..... .... .. ...................... ...... ....... ............................... .. .. ... 70
1.26 SUBSTITUTIONS ..... ........................... ........ ...... ................................ ..... ....................... ........... ... 70
1.27 U.S. DEPARTMENT OF HOMELAND SECURITY'S E-VERIFY SYSTEM .................... .. .... ........ 70
SECTION J - LIST OF EXHIBITS ............................... ....... ... .............. .. ..... ...... .... ... ......................... ., ...... 72
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
PROPOSERS ...................................................... ....... ....... ................ ........................... ..... 73
K.1 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION ... .. ........ .... ... ... ....... 73
K.1. 1
Definition ..... .. .. ....... ... .... ......... ........... ... ... .. ....... ... ... ........... ..... ... ... ........ ...... ..... .... ........ .. .... ... 73
K.1 .2
HUB Representation ................. .. ... ....... ... .. ...... .................... .... ... .. .... ...................... ... ... ....... 73
K.2 CHILD SUPPORT REPRESENTATION ....... ... .......... .. ............... .. .. ..... .. .................................... .. 73
K.3 FRANCHISE TAX REPRESENTATION ........ ... .... ... .................. ..... ...... ..... ..................... ... .. ..... .... 74
K.4 TYPE OF BUSINESS ORGANIZATION ..... .. ... ............................................................................ 74
K.5 PREFERENCE CLAIM .................... ... ... ........ ................................. ........ ..... ... ............... ... ... ........ 75
K.5.1
Source and Specification Preferences ..... ..... .. ..................... ..... ..... .. ............... ..... ........ .. ....... 75
K.5.2
Tie-Bid Preferences .. ... ........ .. .............. ............. ... ....... .. .. .... .. ......... ... .... ...... ...... ... .... .... .. ..... .. 75
K.5.3
Additional Preferences .... .... .... ...................... .. .... ... .. ...... .. .. ............ ..... ........ ..... ...... .... .... ...... 75
K.6 REPRESENTATIONS OF PROPOSER. ..... ...... ...... ....... .. ...... ... ... ............. .. .... ......... .... ... ..... .. ...... 75
K.6.1
Organization and Qualification .. ....... .... .................................... ......... ... ..... .... ... ...... ...... ... .. .... 75
K.6.2
Authorization ........................... ..... ............ .......................... .. .. .... ............................. ...... ....... 76
K.6.3
No Violation of Agreements, Articles of Incorporation or Bylaws .... ................. .. ............... .... . 76
K.6.4
No Defaults under Agreements ..... ...... ..... ............................. ....... ....... .. ............................. .. 76
K.6.5
Compliance with Laws .................. ..... ... ...... ................................... .................................... ... 76
K.6.6
No Litigation .................... .. ....................... ............................ ..... .. .. ......................... ... .... ..... .. 76
K.6.7
Taxes ....... ... ...... ..... ... ................ .. .... ..... ........... ..... .... .. ............ ............ .. .... .... .... .. .. .. .. ....... ..... 77
K.6.8
Financial Statements .... .... .... .. .... ................ .... .. .. ............... ..... ........... ....... .... .. .... ............... .. . 77
K.6.9
No Adverse Change .. .. .... .... .... .................. ............ .. ................ ........ .. .. .. .. ........ .. ...... .. ........ ... 78
K.6.10 Disclosure ... ...... .. ..... ............ .. .......... .... ......... .. .... ..... ........ ....... ....... ... ...... ... ... ... ....... .... ... ...... 78
K.6.11 No Collusion ....... .. .. .......................... .. .. .... ........ ...................................................... ... .... ...... . 78
K.6.12 Ethics ...... .. ........ .......................................................................... ......... .. .. .. ............... .. ..... .... 78
K.6.13 No Compensation ...................... ............ ......................... ...... ..... .......... ................ ..... ....... ..... 79
K.6.14 Contracting with Executive Head of State Agency ................ .............. ...... .... ... .............. ....... 79
K.6.15 Limitation on Employment of Former State Officers .............. ..... ... .. .. ... .. ................. .. .... .. ...... 79
K.6.16 Notification ............ ... ... ........ ........... ..... ...... ... .................... .. .. .. ...... .... ........ .. .. .. ....... .. ...... .. ..... 80
K.6.17 Suspension, Debarment and Terrorism .. .... .. ... ..... ........... .. .. .. ....... ...... ... .... .. ... ... .......... ........ . 80
K.6.18 Prohibition of a State Agency Contracting With Companies that Boycott Israel. ... .................... 80
K.6.19 Prohibition of a State Agency Contracting With Companies Engaged in Business with Iran,
Sudan, or Foreign Terrorist Organizations ... .... .............. ..... .. .. .......... ...... .. ... ..... ...... .. ............ 80
K.6.20 Violation of Federal Law Relating To Reconstruction Efforts As A Result Of Hurricanes Rita,
Katrina or Any Other Disaster after September 24, 2005 ..... ......... .... ........................... ..... ... . 80
K.6.21 Deceptive Trade Practices; Unfair Business Practices ........ ... .. ..... ........... .................... ... ..... 81
K.7 REPRESENTATIONS OF THE DEPARTMENT ......................... ......... .... .. ..... .. .. .. ... .. ........ ..... .... . 81
K.7. 1
Authorization .. ..... .......................... .. ........... ....................... ....... .. ..... ... ....... :............. ... .. ... ..... 81
K.7 .2
No Violation of Agreements .... .. .... .... .. .... ...... ................... ...... ..... ...... ............... .... .. ....... ..... ... 81
K.7.3
Disclosure .. .. ..... .. .. .... ... .. ... ....... .............. ... .. ......... .. ... ............... ... .. .... .. .. ........ ... ....... .. ... .... .... 81
K.8 AUTHORIZED NEGOTIATORS .. ............................. .. .... ....... .... ........ .... ................... .. ............. .... 81
K.9 PAYEE IDENTIFICATION NUMBER ..... ..................... ..... .. .. .......... .. .. .. ..... ... .... .... ... .... ............ ..... 82
K.10
POINT OF CONTACT. .......... ............ ......... .. ... ... .... ... ...... ...... ... .... .............. ... .. ............ .. ..... .... 82
K.11
CERTIFICATION .. ................... .. .. ..... ....... ... ....... .. ......... .... .. ....... ................ ............ ........ ........ 82

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696-IT-19-25-C021

Section A
SECTION A - CONTRACT DEFINITIONS

The following terms used in this Contract shall, unless the context indicates otherwise, have the
meanings set forth below:
9X5 means 9 hours a day, 5 days a week.
24X7 means 24 hours a day, 7 days a week.
As-built drawings means a record drawing made during construction. As-built drawings record the
locations, sizes, and nature of concealed items such as structural elements, accessories, equipment,
devices, plumbing lines, valves, mechanical equipment, and the like. These records (with dimensions)
form a permanent record for future reference.
Authorized Representative means 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 means any of the two (2) 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 means Monday through Friday, 8:00 a.m. to 5:00 p.m., except State of Texas observed
holidays. However, on holidays and days for which skeleton crews are required, services may be required.
Camp-on means 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 means The Criminal Justice Information System .
Continental United States means the forty-eight contiguous United States and Alaska.
CMBL is the Centralized Master Bidders List, a list maintained by the Comptroller's Statewide
Procurement Division containing the names and addresses of prospective bidders.
Contract Award Date means the Contract signature date, duly authorized by both parties.
Contract means the document of agreement between the Contractor and the Department of Criminal
Justice, issued by the Department in response to the Solicitation.
Contract Monitor means the Department employee responsible for the technical details within the
scope of this Contract, and shall have the meaning as set forth in Section G.2.3.
Contract Specialist means the 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 Term means the duration of this Contract.in Section F.1 .
Contractor for the purpose of this Contract, is Centurylink Public Communications, Inc. the Offender
Telephone System provider to whom a Contract has been awarded.

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Section A

696-IT-19-25-C021
Day(s) means calendar Days, unless otherwise specified.

Department means The Texas Department of Criminal Justice (TDCJ), an agency of the State of
Texas.
Department Policy/Policies means all written policies, procedures, standards, guidelines, directives
and manuals of the Texas Board of Criminal justice (TBCJ) and the Department applicable, to providing
the Services specified under this Contract.
DRS means Digital Recording System.
DTMF means Dual Tone Multi Frequency. The version of DTMF used for telephone tone dialing is
known by the trademarked term Touch-Tone.
Electronic Funds Transfer (EFT) also known as direct deposit.
Event of Default means any of the events or circumstances described in Section 1.3.
Fiscal Year means 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.
Gross Revenue means the total revenue earned from total billable minutes without any allowances or
deduction for operational costs, fraud, line charges, validation charges, equipment charges, other
collectible or uncollectible charges, billings, and collection or other fees, expenses or payments to
suppliers.
Material Failure means the failure of a party to fulfill one or more obligations essential to achieving the
purpose of this Contract.
NCIC means the National Crime Information Center under the authority of the Federal Bureau of
Investigation.
Non-Appropriation means the failure by the Legislature of the State, as part of its budgetary process,
to appropriate money to be used for the Payments due hereunder.
Offender means a person assigned by the Department to reside at the Facility and to receive Services
pursuant to this Contract.
Offender Telephone System (OTS) also referred to as Inmate Pay Telephone Service .
PBI means Personal Biometric Identification.
Performance Measures means standards used by the Contractor and the Department to determine
the quality and acceptability of services to be acquired.
Person means 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.

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696-IT-19-25-C021
PIN acronym of personal identification number.

Quarter(s) means, u'nless otherwise noted, 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.
Refresh means to reinstall the Windows app but keep your personal files and settings.
Resolution means, for the purpose of this Contract, restoring the system to full capacity.
Services Commencement Date means award date or date agreed upon to begin the services. No
services shall be provided prior to this date.
Services means delivery by the Contractor of requirements in accordance with the terms and conditions
of this Contract.
Statewide Procurement Division (SPD) means a division of the Comptroller of Public Accounts which
connects vendors with state purchaser and contract opportunities, and helps state and local government
entities procure non-IT goods and services through easily accessible term contracts that meet their needs.
TBCJ means the Texas Board of Criminal Justice.
TCIC means Texas Crime Information Center, under the authority of the Texas Department of Public
Safety.
TDCJ means Texas Department of Criminal Justice, an agency of the State of Texas.
Virtual Number means a telephone number without a directly associated phone line.

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696-IT-19-25-C021

Section B

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1

SERVICES AND PRICES/COSTS

B.1.1

Services Being Acquired
The Contractor shall provide a statewide turnkey Offender Telephone System (OTS) for the
Texas Department of Criminal Justice (TDCJ). This Contract is a revenue based Contract, as
stipulated by Subchapter B, Chapter 495, Texas Government Code, Section 495.027, INMATE
PAY TELEPHONE SERVICE.
The Contract Term will consist of a Base Period of seven (7) years (September 1, 2018 through
August 31, 2025) and three (3) additional two (2) year renewal Option Periods.

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. Commission revenues for eMessaging shall
be calculated as a fixed percentage based on monthly postage used for all eMessages and
attachments sent to Offenders. All commissions the State realizes 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 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 shall 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 shall 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 will renegotiate such commissions and/or Contract rates, fees or
other charges to preserve the economic benefits of this Contract.
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.

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Section B

B.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 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. Call rates shall not exceed rates charged by county jails.
Intrastate Calls
The rate 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 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.
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 twenty-nine (29) seconds over a whole
minute shall be rounded down, calls greater than or equal to thirty (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.

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696-JT-19-25-C021
B.2

Section B

Pricing Schedule

See C.3.10 Base Services and Added Value items.
B.2.1

Standard Configuration
Base Period (9/1/2018 through 8/31/2025)

Collect Call Rates
Rate/Minute
$0.060
$0.060
$0.060

Local
Intrastate
Interstate

Commission %
40 .0%
40.0%
40.0%

Base Period (9/1/2018 through 8/31/2025)
Prepaid Collect Call Rates
Rate/Minute
$0.060
$0.060
$0.060

Local
Intrastate
Interstate

Commission %
40.0%
40.0%
40.0%

Base Period (9/1/2018 through 8/31/2025)
Prepaid Call Rates
Rate/Minute
$0.060
$0.060
$0.060

Local
Intrastate
Interstate

Commission %
40.0%
40.0%
40.0%

Option Period 1 (9/1/2025 through 8/31/2027)
Collect Call Rates
Rate/Minute
$0.060
$0.060
$0.060

Local
Intrastate
Interstate

Commission %
40.0%
40.0%
40.0%

Option Period 1 (9/1/2025 through 8/31/2027)
Prepaid Collect Call Rates
Rate/Minute
$0.060
$0.060
$0.060

Local
Intrastate
Interstate

Commission %
40.0%
40.0%
40.0%

Option Period 1 (9/1/2025 through 8/31/2027)
Prepaid Call Rates
Rate/Minute
$0.060
$0.060
$0.060

Local
Intrastate
Interstate

Commission %
40.0%
40.0%
40 .0%

Option Period 2 (9/1/2027 through 8/31/2029)
Collect Call Rates
Rate/Minute
$0.060
$0 .060
$0.060

Local
Intrastate
Interstate

Commission %
40.0%
40.0%
40.0%

Option Period 2 (9/1/2027 through 8/31/2029)
Prepaid Collect Call Rates
Local
Intrastate
Interstate

Rate/Minute
$0.060
$0.060
$0.060

Page 11 of 82

Commission %
40.0%
40 .0%
40.0%

696-IT-19-25-C021

Section B
Option Period 2 (9/1/2027 through 8/31/2029)

Prepaid Call Rates
Rate/Minute
$0.060
$0.060
$0.060

Local
Intrastate
Interstate

Commission %
40.0%
40.0%
40.0%

Option Period 3 (9/1/2029 through 8/31/2031)
Collect Call Rates
Rate/Minute
$0.060
$0.060
$0.060

Local
Intrastate
Interstate

Commission %
40.0%
40.0%
40.0%

Option Period 3 (9/1/2029 through 8/31/2031)
Prepaid Collect Call Rates
Local
Intrastate
Interstate

Rate/Minute
$0.060
$0.060
$0.060

Commission %
40.0%
40.0%
40.0%

Option Period 3 (9/1/2029 through 8/31/2031)
Prepaid Call Rates
Local
Intrastate
Interstate

Rate/Minute
$0.060
$0.060
$0.060

Page 12 of 82

Commission %
40.0%
40.0%
40.0%

696-IT-19-25-C0?1

Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1

Background

The Department is responsible for the superv1s1on of an estimated 148,000 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, §495.027, 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 any 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, or
any services provided.
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 without any 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.
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 :

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696-IT-19-25-C021

>>>>>>>>>>>>-

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
Oversee entry of Personal Identification Numbers (PIN's)
The Contractor shall provide and maintain a minimum of one (1) communication device
per thirty (30) eligible Offenders at all facilities
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
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
Compile approved Offender call lists
Verify numbers to be called by Offenders
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.

C.3.1.1 Functional Requirements

A. Contractor Requirements
The Contractor shall deliver a turnkey solution, compatible 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, administered and managed
Offender telephone system at no cost to the State.
System hardware shall include telephones, Americans with Disabilities Act (ADA) devices, and
Telecommunications devices for the Deaf (TDD), 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 duration of the Contract. Portable Offender telephone sets shall be provided
for use if the Department requires this service at any time.
All equipment shall be new and
unused excluding phone pedestals.
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 Department shall provide PIN numbers for assignment to Offenders.

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Section C

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. Eligible Offenders shall be
authorized to place an unlimited number of telephone calls per month. All calls shall be
automatically terminated after the Department approved duration limit is reached.
The Department reserves the right to approve, reject or request substitutions of
equipment/component parts. 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. The equipment and infrastructure comprising the OTS (but
excluding any proprietary software systems used under license from the owner(s) of such
intellectual property, workstations and peripheral/ancillary equipment) are the property of the
Department. The Department will take ownership of additional equipment installed throughout
the Contract on the date the work is accepted.
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 conduct system administration functions in the
same manner at each facility as well as from a single or multiple regional and Administrative
locations.
The OTS shall be configured to ensure a ratio of not greater than thirty (30) eligible Offenders
per telephone device is provided and maintained at each facility. The Contractor shall install
and activate additional lines and telephones within ten (10) business days from date of written
notification by the Department dependent upon eligible Offender/telephone ratio.
The
Contractor shall install and activate additional workstations within ten (10) business days from
date of written notification by the Department. Efforts requiring construction, additional circuits
or additional equipment may require more than ten (10) business days for completion. In those
instances, the Contractor shall have five (5) business days to determine if the Department's
request will require additional efforts and provide the Department with an estimated timeframe.
The OTS shall be configured in prepaid and collect, outward calling mode, to only landlines,
postpaid cell phones and services where billing name and address information can be obtained.
Calls are not permitted to Virtual Number telephone services. A Virtual Number is defined as a
telephone number without a directly associated phone line. The intent is to not allow voice
services where the called number and/or device cannot be authenticated or identified. Calling
shall be available for all locations within the continental United States and Hawaii. There is no
intent at this time to allow calls to international locations.
The OTS system shall be able to provide services for the deaf and hearing impaired community.
Such services should include TDD and Video Relay Services (VRS) and Video Relay Interpreter
(VRI).
The OTS shall 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 will be made after
the Department is advised of changes in functionality and only after the changes have been
incorporated into the Contractor provided training curriculum. The Contractor will, prior to
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Section C

release of an OTS upgrade, provide release notes of the system via the system's online help,
and provide instructor-led "refresher" Webinars at the Department's request. Further, any
changes in functionality shall be reviewed and acknowledged by the Department's OTS Contract
Monitor prior to implementation. The Department acknowledges the OTS is a shared calling
platform, however the Department reserves the right to disable any configurable features or
functionality it chooses not to use. Installation of expansion or upgrade shall not disrupt service.
The OTS shall allow the Department to assign globally allowed numbers such as Crime Stoppers
that will override any programmed restrictions. Additionally, the OTS shall 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. The Contractor will use the
attorney's state bar association number and telephone number to validate that they are an
attorney.
The OTS shall 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 1Oxxx. The Contractor shall have received Department's written
approval prior to blocking other similar numbers. The Department must be able to block any
other numbers at Department's sole discretion.
The system shall be equipped for 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 shall 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 shall allow all Offender telephones to be in use simultaneously, (e.g. telephones to
outgoing locations shall be on a one-to-one basis).
The OTS shall allow for Department personnel at facility and remote locations to immediately
shut-down and restart the system at individual facilities sites or globally if required. The OTS
shall automatically shut down upon 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 shall provide the ability to establish calling schedules at specific times on specific days
of the week. This feature shall allow for exceptions for certain days such as holidays and
weekends so that schedules can be overridden.
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 duration 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

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696-IT-19-25-C021

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 Identification (PBI) which will be required to
access the system as well as a unique PIN to verify the PBI and to provide the Department a
means of controlling calls and capturing call record data. The PBI shall consist of fingerprints,
retina scan, voice imprint, or other equivalent method of personal identification. The PIN shall
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 shall be capable of accepting the designated
Offender identification numbers or PIN currently in use, as well as associating the PBI. The
Department reserves the right to discontinue use of the PBI requirement at its discretion.
The OTS shall allow each Offender to be assigned up to twenty (20) approved personal
telephone numbers that the Offender is allowed to call as outlined in the Approved Calling List
Registration process. The OTS shall be programmable to allow for restriction of the number of
approved telephone numbers.
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 shall
be used to access the system regardless of the administrator access level.
Contractor shall specify password standards that will be utilized, e.g. length, special characters
and reuse guidelines, etc. Access shall also be controlled by unique user ID's which shall
provide the capability to trace logged actions to the originator.
Department staff shall have the ability to access the system from any designated location,
remote or otherwise.

F.

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.
G.

Reports

The system shall have the capability to produce management reports on a scheduled and
demand basis. Reports should 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 shall be intuitive, well
documented, and easy to use. Reports shall be able to be generated at the individual facilities,
regional and administrative locations as well as via Contractor staff.
Contractor Provided Reports
Monthly reports shall be provided to the Department no later than the 2Q 1h of each month for the
previous month. This report shall be delivered to the Contract Monitor in a printed form, or
emailed in a printable format. Report layout, design, and information breakdown will be provided
by the Department and is subject to change depending on the needs of the Department.
Reportable metrics can be found in exhibit J.4, as required by the Department, and not limited
to the following examples:
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696-IT-19-25-C021

Section C

>-

Monthly and Fiscal Year statistics report
o Calls completed by: Offender and Unit
o Total minutes used by Offender
o Average minutes per call by month and fiscal year
o Top one hundred (100) Offenders by phone usage
o Offender telephone balances
o Top ten (10) phone number called by Offenders
o Offender enrollments
o Family and friends registrations and registration attempts
o Completed calls: inside and outside of Texas
o Completed calls by: Prepaid, Collect
o Phone Gross Revenue
o Phone Department commission
o Bandwidth and network spikes
o Land lines ported to a cell I blocked
o Service tickets by type and root cause
o Supervised Enrollments
o Refund request and processed
o Released Offender funds refund request
o Approved calling list audit
o Active Personally Allowed Number (PAN)
o Attorney report
o eMessaging pages and photos received

>-

Other quarterly reports
o Attorney quarterly audit
o New workstation installation and activation

>-

Annual report
o Network redundancy testing report

>-

Additional reports as requested by the Department

Report and statistic information should include charts, graphs, spreadsheets, and other formats
as requested by the Department.

H.

Record, Monitor Conversations, Terminate Calls

All call recordings and call records are considered evidence and immediately are the exclusive
property of the Department. The OTS shall prevent the recording and monitoring of specifically
identified categories of calls such as calls placed to legal counsel. The Contractor shall ensure
that no confidential attorney-client communication is monitored or recorded. This exclusion shall
be accomplished by special routing of these calls or through system programming.
The OTS shall 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 shall not be detectable by the calling or
called parties and shall not reduce the line volume that would warn the Offender that the line is
being monitored. All recorded call messages shall be labeled indicating calls may be monitored
and recorded.

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Section C

The OTS shall provide remote recording audio review to be used by authorized Department staff
to access the OTS and recorded information database from remote locations. Remote access
shall include significant proven password protection to minimize unauthorized access to or
tampering with the recording system and will be accomplished in a secure manner that does not
require the interconnection of the TDCJ intranet and the Contractor's network.
I. System Hardware, Software, and Peripheral/Ancillary Equipment

The Contractor shall provide personal computer (PC) workstations and all 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 ancillary equipment shall be located at the facilities, regional offices, investigative offices,
administrative and contract monitoring locations, and security threat group offices.
Manufacturer's warranty coverage for the PC workstations, peripheral, or ancillary equipment
may provide for either new or refurbished replacement parts of equal or better quality to that
being replaced. The Contractor will provide all OTS printer consumables (paper, ink cartridges,
etc.).
The Contractor will refresh the OTS components in year four (4) and seven (7) of the Contract.
The workstations and printers will be refreshed in year five (5) . All refreshed equipment shall
meet or exceed current Department standards for workstations and printers. At the end of the
Contract, including any extensions, all workstations and peripheral/ancillary equipment in place
become property of the Department.
The Contractor shall promptly install all relevant security patches and anti-virus updates to
remote workstations on the Contractor's network. All OTS equipment that resides on the
Contractor network shall be properly identified as "property of ("Centurylink")" to include toll free
number to place service/support calls .
J. Digital Recording System (DRS)
The OTS shall include a full-time DRS for all OTS telephone lines with capacity for expansion .
The DRS shall include the capability to simultaneously record all telephone calls while providing
audio outputs for listening to selected calls from facility, regional and administrative locations.
All calls shall be recorded in their entirety with exception to confidential attorney-client
communication .
Recordings shall be mirrored and backed-up. A recording, backed-up to a hard drive, shall be
provided to maintain a current thirty-six (36) months of all recorded conversations with full and
immediate access to records from local and remote locations. At the transition of the Contract,
the Contractor shall work with the new Contractor to transfer the recordings, intact, to the new
Contractor's equipment.
A library function is required that will catalog and index every call transmission allowing for fast
retrieval. Key fields used for retrieval shall include the Offender PBI or PIN, the date and time
the call was made, name and number called , and other relevant data.
The DRS shall provide the following features and capabilities:

>-

Playback from any drive or other recording media shall not interrupt the recording
process. Simultaneous record and playback shall be possible.

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Section C

696-IT-19-25-C021
);>

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DRS will have the ability to transfer recordings to a removable media. One-touch
downloading is required. Such recordings shall be playable with any industry standard
media player.
The archive media shall provide for write protection such that data will not be accidentally
overwritten. No intentional or accidental deletion of records will be allowed.
The system shall be capable of Voice Operated Exchange (VOX) or continuous
recording on a line by line or channel by channel basis.
An indication as to the recording space remaining on any and all media.
The capability to quickly reposition to the end of a previous recording.
The ability to establish schedules to initiate and suspend recording on channel/line
groups at specific times with the ability to override for exceptions.
The capability to initiate functions globally, such as format, ready, record, stop record, or
eject, on multiple media devices on the network simultaneously.
Automatically make time and date or daylight savings time adjustments while continuing
to record.

K. Uninterrupted Power Supply (UPS)
Upon the loss of commercial power, no change in the operational characteristics of the system
will occur. If commercial power is not restored prior to the exhaustion of UPS power, the OTS
system will announce termination of all calls in progress prior to shutting down. The system will
be designed to fully recover from any power failure automatically, with no outside intervention
required, within five (5) minutes, after the power is restored. When commercial power is restored
prior to the exhaustion of UPS power, no change in the operational characteristics of the system
shall occur.
The following is a description of the minimum requirements for the UPS the Contractor will use
to support the premises based OTS:
With fifteen (15) minutes of battery back-up in the event of a temporary local outage of
commercial power at the facility, a UPS is provided as a redundant back-up to continue operation
of all equipment installed on-site. The UPS will sustain the system for fifteen (15) minutes.
);>
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The UPS will be self-charged
The equipment will be designed to be self-initialized without manual intervention when
commercial power is restored

L. Announcements and Call Branding
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All messages shall be made available with English and Spanish options.
The OTS shall ensure that the automated operator functions uses the Offender's
supervised pre-recorded name to announce the call to the called party. This shall be
accomplished via the PIN assignment per Offender.
All OTS calls shall 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 shall be approved by the
· Department.
When the call is accepted, the system shall state to both parties that the call may be
monitored and recorded. The OTS shall allow the called party's response via Dual Tone
Multi Frequency (DTMF) input indicating if they are willing to accept the call.

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Section C

If a call is not accepted by the called party, or if there is no answer, the OTS shall inform
the Offender of the situation and not simply disconnect the call.
A whisper announcement shall be given to both parties one (1) minute prior to the
termination of the call.
If the OTS is disabled by the Department, an announcement will be made to both calling
parties advising that the system has been disabled.

M. Call Detail Records
The OTS shall 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 is the property of the Department.
The OTS shall buffer/store up to thirty-six (36) months of completed call records that can be
accessed at any time, including real-time. Records shall not be stored in the individual
telephones. The records shall provide the following minimum information on all outgoing calls:
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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
Name of Offender placing call, TDCJ number, SID number, and PIN
Identify the specific telephone or bank of telephones where calls were placed
Call type and termination category

N. Call Length Control
The OTS shall allow a system-wide duration default with the duration to be determined by the
Department. The phone call duration at the time of award will be 30 minutes and is subject to
change at the discretion of the Department. The OTS shall 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 shall allow Department administration to
change the duration by PIN, telephone number and/or site.
The OTS shall have the capability of designating the length of the Offender call and automatically
terminating the call at the expiration. This feature shall be programmable and the call length
variable. The time limit shall have the ability to be set for each Offender, a group of Offenders,
or for each facility.
Total flexibility shall be provided to the Department 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 shall allow the Department system administrator the ability to designate different
privilege levels or levels of access to individual Offenders, and individual telephones.

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0. Call Validation
When an Offender dials a telephone number and enters his/her PBI and PIN, the OTS shall have
the capability to validate the telephone number dialed with the list of authorized telephone
numbers for that specific PIN. Calls will be completed only after the successful validation.
Calls that are not on the authorized telephone number list will not be completed. An
announcement shall be provided stating that the call was to an unauthorized telephone number.
The system shall provide a report which identifies unauthorized telephone number dialed, to
include the Offender name, PIN number, date and time call placed, name and number called,
duration, etc.
The OTS shall allow specific telephone numbers to be flagged for monitoring and other
investigative purposes. The system shall 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 landline 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 shall be performed without a tone or other
notification. The system shall be capable of multiple Camp-on calls in the case that disallowed
numbers are dialed simultaneously from different Offender pay telephones.
The system shall provide a report which identifies the flagged telephone number dialed, to
include the Offender name, PIN number, date and time call placed, name and number called,
duration, etc.
P. Controlled Access
The OTS shall provide the Department the ability to control access 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 Central Time.)
Department staff shall have the ability to immediately shut down the OTS and restrict all access
system-wide or selectively from both a remote location and each facility. Department staff shall
be able to reset the system to working status after a shutdown.
Department staff shall be able to place restrictions on an individual PIN on an as needed basis.
The Department shall also have the ability to immediately disable service to an individual
telephone. Department staff shall be able to remove all restrictions. PIN access changes shall
be tracked and logged by unique user ID and date/time stamped to provide an audit trail of
record changes.
Dialing prompts shall be presented immediately in an off-hook position. The OTS shall not
provide a second dialing prompt. The OTS shall provide a call setup time of approximately six
(6) seconds after positive verification of Offender voice biometrics.
The OTS shall allow for a maximum number of rings before a call is automatically disconnected .
The number of rings shall be consistent with Department standard of eight (8) rings.
The OTS shall 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, recorder tone, or appropriate recorded
messages. The OTS shall not charge for incomplete calls or calls that result in these status
notifications.

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Q. Fraud Control
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. Logs shall record unique
user ID access with date/time stamp and actions.
The OTS shall provide at a minimum the following aids in preventing fraudulent use:
Interference with secondary dial patterns
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Termination of calls if a second dial tone is detected
Prohibition of switch hook dialing
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).
Provide a three-way call detector as part of the OTS
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
At the discretion of the Department, the Contractor will be prepared to include capability
for continuous monitoring of the biometric identifier throughout the duration of the call
and termination of the call if the biometric does not match.

R. Maintenance Diagnostics
A complete system test shall be done automatically at least once every twenty-four (24) hours.
The system software shall 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 shall 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 shall be designed to enable the
rapid detection of faults in both hardware and software. Diagnostic testing shall include the
OTS and all components to include the DRS and UPS.
S.

Service Area Requirements

The Contractor will be responsible for negotiating all billing arrangements and complete calls
into all domestic exchanges.
System Administration
The Contractor shall provide all hardware and software used in performing system
administration, monitoring, and management functions. Management of the OTS shall be:

>
>
>
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Password protected
Allow for various levels of access
Network with centralized system administration at all designated facilities and remote
locations
Detail password standards
Provide unique user IDs
Ensure that changes are logged

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The system software shall include the ability to change, modify, add, or delete database
information for PBI, PIN assignments, Offenders allowed telephone number lists, blocked
telephone number lists, etc.
The OTS shall support simultaneous access to all features and functions by Department
personnel at each location. 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.
Investigation Applications and Services

T.

The Contractor will provide software applications and reporting capabilities to the Department
to aid in administrative and investigation functions. Such applications and services should
include the ability but not be limited to:
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U.

Listen to one (1) or both parties of a call, advance through dead space, type and save
notes and forward this information
Detect conversations between Offenders via an algorithm between Offenders both within
the Department and other correctional agencies, and provide report notifications to the
Department
Link analysis software
Software and analytical services to monitor calls for Department defined key words or
conversations
o The Department will have the ability to make monitoring requests that includes
specific criteria to include but not be limited to specific units, Offenders, key words
and phrases
Software and service generated reportable information will be defined by the Department

eMessaging

The Contractor shall provide an eMessaging solution that will allow inbound only emails and
photos from a Contractor provided website. Outbound emails and photos are not allowed by
the Department at this time. eMessaging pricing shall be fixed at the current price of a first class
postage stamp at the time of transmission of the eMessage.
All eMessages and photos will have the ability to be downloaded, viewed, printed, and approved
or not approved by the Department. The Contractor shall provide a record retention for all
eMessages for the life of the Contract.
The Contractor shall provide PC workstations, printers, and consumable supplies as required
for each location.
The eMessaging application will have the ability, but not be limited to :
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Identify key words or phrases as defined by the Department in such a manner that it can
be viewed by the Department
Have the ability to view all messages and photo attachments by Unit, Offender name,
Offender identification number, customer name and customer identification number

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Section C

Have a Department dashboard for messages and photo attachments pending approval,
messages returned to customers, denied messages by the Offender, and other
information as defined by the Department
Have a Department dashboard for messages that indicates the Offender's name,
identification number, customer name, time and date received, and other information as
defined by the Department
Generate eMessaging reports as defined by the agency
Contain investigative link analysis and reporting solution

Video Visitation

The Contractor shall provide a solution for video visitation that would provide video
communication services between Department locations from friends and family at one ( 1)
location to Offenders at their assigned unit. Upon agreement of the solution between both
parties, the Contractor shall be prepared to implement this plan in its entirety for the life of this
Contract. Video Visitation locations shall include the following Department locations and the
vendor may propose implementation at additional facilities (Exhibit J.1 ).
Visitor Site
Houston - Jester Ill
Beeville - Garza Complex
Dallas - Hutchins
Lubbock - Montford
Austin - Travis
El Paso - Sanchez

Offender Site
Amarillo - Clements
Kenedy - Connally
Gatesville - Crain
Tennessee Colony - Michael
Beaumont - Stiles
Huntsville - Wynne

W. Wireless Containment System (WCS)
The Contractor shall provide a Wireless Containment System (WCS) plan that through the use
of technology will restrict cellular signal, data, and text messaging capabilities within a defined
area of a Department facility. The selected vendor will be required to maintain the WCS
capability at the two (2) TDCJ units where it is currently implemented and may propose
implementation at additional facilities. The WCS shall be able to recognize all cellular carrier
signals and meet all Federal Communications Commission (FCC) requirements for such
systems. Upon agreement of the plan between both parties, the Contractor shall be prepared
to implement this plan in its entirety for the life of this Contract.
X.

Digital Forensics

The Contractor shall provide a digital forensics service with capabilities to retrieve saved and
deleted information from a cell phone. Contractors will be co-located with the Office of Inspector
General (OIG) and must obtain employment clearance from OIG. Contractor shall provide
forensic grade computers, peripheral devices as needed, and all commercial forensic software
with a 1 for 1 license to staff member ratio. Contractor shall have the ability to conduct enhanced
forensic examinations including but not limited to JTAG and Chip Off examinations. Based on
current metrics 150-200 phones per month will require forensics service. Retrievable information
can include but not be limited to call logs, messages, contact information, photos, videos,
browser history and SIM/SD card analysis. Services shall include Contractor provided staff,
analysis lab and equipment, evidence storage and strict chain of custody policies. All information
that is able to be retrieved as requested by the Department will be provided to the Department,
or will be reported as irretrievable.

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C.3.1.2 Technical Specifications Requirements

A.

FCC Registration

Contractor shall provide FCC registration information to the Department.

B.

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, Integrated Services Digital
Network (ISDN) T1 , etc.

C.

Critical Component Redundancy

The OTS shall be equipped with an automatic restart function that will engage after a power
failure.
The OTS shall provide Critical Component Redundancy, back-up and mirrored data. Redundant
call detail records collection shall also be provided.
The OTS shall provide critical component redundancy and a Storage Area Network (SAN)
architecture which makes all storage devices available to all servers on a Local Area Network
(LAN) or Wide Area Network (WAN). Data on the SAN shall be stored in Redundant Array of
Independent Disks (RAID) formats; spreading the data across multiple drives so that data is not
susceptible to loss should any individual drive fail. This architecture shall provide protection
against single drive or server failure and provide security of the call recording. The SAN shall
be continuously monitored through automated processes and storage policies including multiple
data center storage of call detail records.
The OTS shall be engineered to ensure that only a minimum amount (5% or less) of the
Department's facilities in the OTS system are inoperable due to any Contractor responsible
failures. The Contractor shall design and manage the OTS in such a manner that traffic demand
on any system will never exceed a peak transmit ratio of 90% and a peak receive ratio of 90%
at the same time .
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 the Contractor relies on
being able to place OTS equipment within existing Department space, with rare exception , in
formulating the calling rates set forth in Section B.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 , 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 .

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696-IT-19-25-C021

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 shall be
physically secured in a locked enclosure for security purposes. The enclosure shall 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:
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F.

Compatible with the mutually agreed on biometric caller identity verification system
Wall mounted or pedestal
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 Underwriters Laboratories (UL) approved with certification number
Compatible with TDD devices and meet all ADA requirements. The Contractor shall
supply TDD devices as requested
Equipped with hearing aid compatible handsets
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

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 will ensure that staff providing services are appropriately trained, qualified
and licensed, if required. The Contractor is expected to back-fill with existing staff for sick or
vacation days for absences in excess of five (5) business days.
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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. In the event
a position becomes vacant, the Contractor will fill the vacant position within sixty (60) calendar
days.
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.
All staff assigned to provide services under this Contract will be subject to the background
clearance process by the Department. Contractor employees who have been previously
terminated at any time by the Department may not be employed or provide services under the
Contract. 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 will 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 will be subject to and will comply with all security regulations and procedures
of the Department and the respective institution. Violation of regulations may result in the
employee or individual being denied access to the institution. In this event, the Contractor shall
provide alternate personnel to supply services described herein, subject to Department
approval.
Throughout the term of the Contract, the Contractor shall at a minimum :
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A.

Provide a Project Manager who will be the single point-of-contact assigned to the project
from Contract award through implementation, acceptance and go-live
Provide qualified personnel to perform the services required
Provide the Department 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
Provide criminal history information and information for employee background checks

Provide Project Manager

Contractor shall assign a Project Manager dedicated to this project full-time from Contract award
through 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.

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B.

Section C

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. Contractor shall use only qualified and fully trained employees in the
performance of the Contract.
In addition to the Project Manager, Contractor shall provide at a minimum the following positions
or similar positions in support of this Contract:
Customer Service Manager and Alternate:

Contractor shall assign a full-time Customer Service Manager exclusively to this Contract. An
alternate representative will be assigned in the absence of the assigned manager.
The duties of the Customer Service Manager shall include, at a minimum :

>->->->->->->--

Overall performance of the Contract and general project management duties
Account management
Resolution of billing problems
Resolution of technical issues
Training
Attendance at on-site meetings
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 will 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 input of approved Offender PBI and PIN,
authorized calling numbers, and shall provide general customer service to Department staff.
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.

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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 will also
ensure that Department training material is updated and current.
C.

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.

D. Assure Personnel Follows Laws, Rules, Regulations, Standards, Policies and Procedures
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 project 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, Offender (SID) number, TDCJ
number, and the nature of the offense and the sentence. Prior approval shall 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 kinship, that is (or may become during the project) an Offender at the facility where
the work is to be performed shall 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, tobacco, alcoholic beverages and/or other items defined as 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 will they carry anything off Department leased or owned property 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 and 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 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
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Section C

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 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 Department's following
Policies and Procedures and any subsequent revisions thereafter: PD-03, Employee ID
Cards dated November 1, 2009 (Rev 6), PD-22, General Rules of Conduct and Disciplinary
Action Guidelines for Employees dated January 1, 2017 (Rev 14), PD-28, Dress and
Grooming Standards dated July 1, 2010 (Rev 5), PD-29 Sexual Misconduct with Offenders,
dated March 1, 2017 (Rev. 5), and PD-75, Applicants with Pending Criminal Charges or Prior
Criminal Convictions dated April 1, 2017 (Rev 8), which will serve to guide employee
behavior in relationship to other employees, Offenders, and the public.
The Contractor shall comply with Department policy statements contained in the Department
Policies but shall be free to establish procedures such that the services attain the goals
established by the Department policy statements. 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 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.
Contractor staff shall adhere to current Personnel Directives. (Reference:
http://www.tdcj.texas.gov/divisions/hr/hr-policy/index.htm).
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.
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.

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In the case of violations of PD-22 that do not involve a breach of correction 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.
E. 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 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, will be conducted by
the Department for each employee (including consultants, independent contractors and their
employees and agents who work on a routine basis) prior to being assigned by Contractor to
perform work at a Facility.
Contractor shall receive a written notification from the Department indicating pass status on 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 criminal
history check by the Department. Failure to secure the written notification from the Department
regarding pass/fail status, prior to replacement, may constitute grounds for termination of this
Contract.
C.3.3 Other Requirements

A. 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 ADA as it relates to access to public
telephones.

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B. 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 shall 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. TDCJ
accepts no liability for equipment damaged or destroyed by natural disaster, lightning strikes,
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.
C. All information, applications, services and databases associated with this Contract are the
property of the Department and will 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 will remain with or be transferred to the Department.
D. The Department expects to hold regular performance meetings with the Contractor. These
meetings will occur monthly. The Department requires the Contractor to be responsive to the
Department's customer service needs, including needs of the called parties.
E.

Account Requirements

1. Offender Accounts
Offenders will be allowed to have a prepaid telephone account. Funding for Offender prepaid
telephone accounts will be allowed through either direct funding by friends and family to
Contractor, or by Offender purchase of prepaid funds through the Department's commissary
system. All funds in the Offender debit account belong to the Offender; refunds to friends and
families will not be allowed. Procedures for determining and providing refunds to Offenders are
described in Exhibit J.7, TDCJ Offender Debit Refund Overview.
2.

Called Party Accounts

The Contractor will clearly state all ancillary fees and account policies (account maintenance
fees, deposit fees, statement fees, etc.). The Department requires that inactive accounts be
refunded to the account holder, at no charge, or reactivated at the request of the account holder
(to be used and not left inactive) 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. Monies from refund checks that are returned to Contractor and unclaimed funds will be
turned over to the State through the escheatment process. The request for refund shall be
allowed to be made in a convenient format, such as Interactive Voice Response (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 the Contractor to identify the following account fee requirements:

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Credit card/check by phone
Funds deposited by personal check or money order
The customer cost or recovery fee if the customer needs a copy of the mailed statement
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Statements printed from the internet
Direct billing of collect calls to the called parties and associated statement fee
Called parties may "opt out" of direct billing and may choose the prepaid billing option
which does not include a statement fee
Account initiation fees and maintenance fees charged to the customers

If customers choose or are required to move to the prepaid billing option, the direct billing option
will no longer be available to the customers. The Contractor may choose to restrict, deny, or
cancel direct billing arrangements with the called parties at any time as long as such actions are
necessitated by legitimate business reasons such as invalid address, fraud prevention, a history
of bad debt, or a previous attempt of fraudulent use of the system.
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 shall 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 shall also be provided.
F. Registration Requirements

Potential called parties shall register through a Contractor provided process to receive calls from
Offenders. Individuals registering to receive calls shall follow the identification process as
mutually agreed between the Contractor and the Department. The identification information
shall be validated by the Contractor before the registration process will be completed. The
registration shall be recorded and include a positive affirmation that the caller is the registered
owner of the phone from which the call is being made and will allow Offender phone calls to that
location.
1.

Called Party Registration Requirements :

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The registered owner of the phone that will receive calls from the Offender
Will allow Offender calls to this phone
Agree to allow an Offender to call the phone
At least eighteen (18) years old
Will not forward calls, make three-way calls or use a speakerphone on calls received
from the Offender
Understand that eligible Offenders are not allowed to speak to any adult that is not listed
on their Approved Calling List

Should the identification 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 or other forms of identification as agreed by the
Contractor and the Department.
In regard to alternative identification documents, the Department will not accept faxed copies of
phone bills as proof of identity and insists that the Contractor verify that copies submitted are

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legible. The Department also expects that this documentation will be readily available in the
event that it is needed for investigative or prosecutorial purposes.
Friends and family members of Offenders wishing to receive calls will be required to register
with the Contractor using the mutually agreed upon Approved Calling List Registration process.
The Department will not be responsible to supply or validate phone numbers at any time. The
Contractor is required to coordinate with the Department on validation of all telephone numbers
against 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 supervised, enrolled/re-enrolled and verified, in person, by the
Contractor's personnel. The Contractor will ensure during the voice biometric enrollment/reenrollment process that the "Offender Enrollment" utterance only includes the Offender speaking
his/her first name, last name and middle name/initial, if desired, as currently on record in TDCJ
and the "Facility Enrollment" utterance only includes the Offender speaking "Texas Department
of Criminal Justice". 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.
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.
2.

Attorney Registration Requirements

Attorneys will be required to send a notice on their letterhead to the Contractor that includes the
following information:
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Attorney name
Attorney telephone number
Attorney state bar association number, State of registration, and state bar association
telephone number, if not Texas Bar Association
The list of Offender names/TDCJ numbers that the attorney represents
A statement that the attorney has an attorney-client relationship with the listed Offenders.

The Contractor will use the attorney's state bar association number and telephone number to
validate that they are an attorney. Such information obtained during verification shall be updated
on a regularly scheduled basis. The Contractor is responsible for validating the authenticity of
each attorney prior to placement into the system database.
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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.
G.

Problem Resolution Forms

The Contractor shall provide computers, or equivalent equipment, capable of receiving and
printing inbound messages via Internet e-mail, as well as scanning and transmitting to the
Contractor outbound OTS Problem Resolution Forms (PRFs). At a minimum the computers
shall be located in the mail room of each facility that houses Offenders eligible to use the OTS.
The Contractor will also be responsible for maintaining all equipment, as well as maintaining a
reasonable supply of consumable items, including but not limited to PRFs, toner cartridges, and
paper, required for the proper and intended function of such equipment.
The computers or equivalent equipment will be capable of scanning and easily transmitting preprinted PRFs, supplied by the Contractor, to such location as the Contractor specifies. Any
change to the content or paper color of the PRFs will need to be approved by the Deputy Director
of the Correctional Institutions Division. The OTS Contract Monitor will coordinate the approval.
These forms will be used as the primary reporting mechanism for questions or problems that
Offenders may have with the OTS. An initial response, if not the problem resolution itself, shall
be made by the Contractor within one (1) business day of submission of any PRF. The response
will be to the computer at the mailroom of the facility where the Offender is located. There will
be no charge allowed for the transmission or response of a PRF.
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 competent project plans, updated frequently and utilized by the Contractor for
the 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 Contractor shall provide the Implementation Plan within thirty (30) days of
Contract award.
The Department will 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 shall 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 (1 ).
The Implementation Plan shall include a schedule that includes a timeline in which all system
components shall be completely installed and fully functional by designated facilities on the Site
List.
The Implementation Plan shall include at a minimum the following deliverables or sections.

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Introductory 'kick-off' meeting
Planning (site plan by location)
System Design
Security Plan Documentation (access/data)
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Section C

Project Schedule (Timeline)
Implementation Communication Plan (Weekly status meetings, Status Reports, etc.)
Stakeholder Register
Issue Log to be maintained throughout the project lifecycle
Risk Log with mitigation strategy
Staffing Plan - Number of staff dedicated to the project by job title and job description.
Plan shall include the Contractor's expectations of both Contractor and Department staff.
A dedicated Project Manager (single-point-of-contact) shall be assigned and included in
the staffing plan through implementation and 'go-live'
Infrastructure procurement and installation
Equipment specifications, procurement and installation
Training
Test Plan
Delivery and Acceptance
Database Management
Offender Enrollment
Registration of potential called parties
Go-Live
Updating
Reporting
System Management
Documentation (System design, training manuals, etc.)
System Maintenance and Support
Transition plan (period of transition - see F.4)
Acceptance Plan (Per location and Project closeout)

Transition
The Implementation Plan will include a Transition Plan for existing services to be transitioned
and new services to be implemented. The Contractor's Transition Plan may be adjusted as
deemed necessary and approved by the Department's Contract Monitor. This plan will be
designed to provide for seamless transition with minimal interruption of services to Offenders.
The Transition Plan will also include a detailed explanation of the following but not be limited to:

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Procedures for transition of service/equipment from the existing Offender telephone
service to the new Offender telephone service
Times when telephone instruments and video visitation stations will be operational
identifying possible "down time" of existing services
Service coordination requirements between the Contractor and Local Exchange
Companies (LEC's) as applicable
Any software programming and preparation for installation of equipment, as required
Data migration plan of all information related to but not limited to:
o Friends and Family registration
o Offender registration
o Offender voice biometrics.
o Attorney registration
o Blocked phone numbers

Due to the size and complexity of the anticipated system(s), the Contractor will be allowed a
period of transition beginning on the date the Contract is executed in which to install and

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implement the utilization of its own technology system. The Department realizes that some
"down time" may occur during this transition, and Respondents shall propose a plan that reduces
this "down time" to allow for a smooth progression to the proposed services. Once accepted by
the Department, there will be no changes made to the final Implementation Plan and Transition
Plan unless a request is submitted in writing and approved by the Contract Monitor.
During the transition period, the successful Contractor shall operate its systems in parallel with
any existing system which the current Contractor will not have yet removed. The objective of the
"parallel operation" is to allow Offender telephones to remain operational during normal
operational hours to the greatest extent possible during the transition period. The successful
Contractor will be required to work closely with the Department to ensure that the transfer of
responsibility, from the current Contractor to the successful Contractor, for Offender telephone
service at each institution is carried out as smoothly as possible. In addition, the Department will
work cooperatively with the Contractor to create and maintain an information flow in accordance
with other provisions of the awarded Contract and the parties shall utilize best efforts to resolve
all issues that may or could occur from such parallel operation, including, but not limited to data
sharing and an agreement on a conversion schedule.
C.3.4.2 Installation

The Contractor shall be responsible for the complete engineering and installation of the OTS,
including all station and other hardware as called for in these specifications.
The Contractor will 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 shall meet current EIA/TIA (Electronic Institutional Association/
Telephone Institutional Association) 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 ANSl/NEC/EIA/TIA (American National Standards Institute I National
Electrical Code) 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-built" drawings for all
infrastructure modifications, installation, and new equipment rooms/buildings. All cabling shall
be labeled at each end per ANSl!TIA/EIA.
The Contractor shall provide all labor to engineer and install all equipment as defined, prepare
software database, test and cutover the system as specified.
Hardware Removal and Disposal
The Contractor shall be responsible for the de-installation of existing nonproprietary equipment
following the installation and testing of new equipment. The Contractor, following de-installation
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of the existing non proprietary equipment, shall provide TDCJ with a list of inventoried equipment
for disposition.
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
fittings, may be used, when placed above twelve (12) feet in height. Conduit below twelve (12)
feet 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 three fourths (3/4) inches).
Conduit brackets and support should be per NEC standards. All PSP applications will 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 twenty four (24) inches deep with a three (3) inch
marker tape installed at twelve (12) inches 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 Contractor shall 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
ANSl/TINEIA specifications.
The Contractor shall 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 must be
adequate to support their loads with ample safety factors. All cables outside of equipment room
shall be in metallic conduit.
The Contractor will coordinate with the Department before beginning or initiating any
construction work. The Contractor shall use due diligence and follow standard industry practices
when digging, excavating, and/or boring underground. Due diligence includes, but is not limited
to, conducting surveys with Department personnel to identify all known utilities and other
facilities in the path of construction; using probes and or underground locating equipment to
determine the location and depth of underground utilities; taking due precaution to ensure
Department utilities or facilities are not inadvertently damaged; and completing the Site Pre-Dig
Safety Meeting Attendance Sheet (Exhibit J.8). Contractor shall also contact 1-800-DIG-TESS
a minimum of forty-eight (48) hours before excavation begins to notify third parties (gas, water,
power, etc.) of proposed excavation.
The Contractor will 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, provided those facilities are made known, or
the Contractor should have known, of their existence. Repairs will be done only by technicians
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skilled in the various trades involved, using materials and workmanship to match those of the
original construction in type and quality and are subject to final approval of the Department.
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.
C.3.4.4 Testing and Acceptance

Final system design and software database shall 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 will
provide test results to the Department prior to implementation. 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 any equipment installed
under the Contract meets the technical and functional requirements outlined. A system
considered "acceptance test ready" is defined as a system that has completed a full system test
with no identified 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 and each
module of the system 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 life of the Contract.
Prior to final acceptance by the Department, the Contractor shall have satisfactorily completed
the training program for system administrators and Offenders as specified in Section C.3.5
Training.
C.3.5 Training

The Contractor will provide initial and periodical, onsite training of officers, administrators, and
investigators utilizing the system. The training will be customized to meet the needs of different
user levels (monitors, administrators, investigators, security threat group personnel). The
Contractor will provide 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.

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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 Contractor shall provide training throughout the term of the Contract within fifteen (15) days
for each of the Department's requests for the training . Bilingual training shall be available when
required.
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 will be provided by the
Contractor, on premise of each site, 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 on the operation of the features , management, and utilization of
the system, including the Digital Recording System. Training will 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 include software programming as required for adding , deleting, or changing PBl's,
PINs and Offender's allowed call telephone number lists, blocking numbers from being called
by Offenders, proper record keeping , monitoring, and trouble reporting procedures.
C.3.5.2 Offender and Called Party Training

A.

Offender Training

The Contractor may be required to 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. Training materials may be in
the form of brochures or other printed materials sent to the person at the address identified on
the call list. Printed materials shall be available in both English and Spanish. Bilingual training
shall be available when required .
Instructions for placing a call shall also be printed on each Offender telephone in both English
and Spanish . Additionally, all telephones shall be labeled indicating calls may be monitored and
recorded.
B.

Called Party Training

Training shall also be provided to the persons identified on the Offender approved call list.
Explanation of the telephone system usage, account management, and rates will be provided
as well as a customer service, twenty-four (24) hours a day, and seven (7) days a week (24x7)
toll-free number. Training materials may be in the form of brochures or other printed materials
sent to the person at the address identified on the call list. Printed materials shall be available
in both English and Spanish.

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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 for retraining and consultation for both system administrators and
Offenders to include equipment and procedures.
This employee shall not be the service technician installing the system and shall have
experience in conducting training classes.
C.3.6 Maintenance and Support Requirements
The Contractor shall acknowledge that the OTS and eMessaging systems are a revenue stream
for the Department. The Department requires that any system failure shall be restored to full
capacity within the resolution time required by Attachment J.4, Contract Performance Measures.
The Contractor shall establish system redundancy and shall coordinate an approved system
outage window for an annual failover test. Within two (2) weeks of test completion provide
Contract Monitor with the adequate documentation to demonstrate the successful test results.
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 shall 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 shall 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.
Trouble report Procedures/Performance Requirements
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The Contractor Service Representative who has been assigned the trouble ticket shall
issue a trouble ticket number to the Department staff that placed the trouble report.
~ The Contractor shall respond to the trouble report in a timely manner and provide
Resolution according to the requirements stated in Exhibit J.4, Contract Performance
Measures. Resolution is defined as full repair and system functionality.
~ 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
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Each facility's outgoing circuit bandwidth shall remain operative at all times as governed
by Exhibit J.4.
Each facility's telephones shall remain operative at all times as governed by Exhibit J.4.

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:Y The OTS website shall remain accessible at all times; except for those periods where
scheduled or emergency maintenance is being conducted.
:Y All workstations and workstation printers at all locations shall remain operative; except
for those periods where scheduled or emergency maintenance is being conducted.
:Y All eMessaging CPUs, monitors or printers/scanners shall remain operative; except for
those periods where scheduled or emergency maintenance is being conducted.
:Y Offender Telephone Assistance Requests will be processed and responded to in the
mutually agreed timeframe.
Trouble report procedures 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 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 prorated the first month of service.
Contractor will provide commission revenue data in a spreadsheet format (Microsoft Excel) 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 will be uncomplicated and
easy to use. The Contractor will 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:

:Y
:Y
:Y
:Y
:Y
:Y

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

C.3.8 Contractor Quality Control Plan

The Contractor will submit to the Department a Quality Control Plan for monitoring and assessing
the success of its services. The plan will include criteria that define acceptable or unacceptable
performance based on industry standards. The Contractor will ensure that outcome measures
indicate results achieved. The Contractor will 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.
C.3.9 Contractor Communication

The Contractor and the Department will maintain communications to ensure project success.
Contractor will be required to attend on-site meetings with Department staff. Meetings will
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.

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696-IT-19-25-C021

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 will be
achieved via:
~

~
~

~
~

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

Meetings will be held in Austin and Huntsville or at any other designated sites (ref. Exhibit J.1 ).
C.3.10 Added Value

The Contractor may propose additional services that are directly related to the OTS and may
have value to this contract. All no charge added value services/features agreed upon by the
Contractor and Department will remain no charge through the end of the Contract period, to
include any option to renew or extend. Added value items include, but are not limited to the
following:

Additional Wireless Containment System

1 site

Stationary Contraband Assess System

1 site

Mobile Contraband Assessments

10/year

Cellsense Plus Devices

110 ea

Visitation Phone Monitoring

100 pairs of phones

Video Relay Interpretation

Up to 40 hrs/mo

Wireless Containment Service Denial
PREATrack Reporting Software
Carrier Database Access
Keyword Search
PREA Line

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Section D
SECTION D - REQUIRED REPORTS

D.1

REPORTS REQUIRED FROM CONTRACTOR

A variety and number of reports are required to be submitted by the Contractor during the course of the
Contract. These reports may be revised or additional reports may be required at the Department's sole
discretion.
Contractor is required to provide standard, ad hoc, and special request reports. Standard reports (ref.
Exhibit J.9) 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 database(s).
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 Contract. These reports shall be
delivered no later than three (3) business days from the date of request unless special circumstances
exist. If special circumstances exist, e.g. the report would require special research and/or IT
development, Contractor will work with the Department to provide the report in a reasonable and
mutually agreed-upon timeframe.
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 shall provide electronic and/or hard copy reports no later than an agreed upon 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

SECTION E - INSPECTION AND ACCEPTANCE

E.1

INSPECTION OF SERVICES
A. The Department and other Government regulatory agencies have 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. The Department shall perform inspections in a manner that will
not unduly interfere with the Contractor's operation and management of the program. The
Contractor shall furnish, and shall require subcontractors to furnish, at no increase in the
Contract price, all reasonable assistance for the safe and convenient performance of these
duties.

B. From time to time the Department 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 the Contractor related specifically to the program, including financial records, employee
records (including time and attendance records), and Offender records generated by the
Contractor and its subcontractors in connection with the performance of this Contract.
C. If subject to the outcome of an audit or inspection, it is determined that the Contractor is in noncompliance with any provisions of this Contract, and/or that money is owed to the Department
by the Contractor, then the Department may exercise its rights of recovery of money owed as
authorized.
1. If any of the Services are non-compliant with the Contract requirements, as identified by
the Department, the Contractor shall be notified describing the specific areas of noncompliance. The Contractor shall have a twenty (20) Day period to file a written response
detailing corrective action(s) taken to all items of non-compliance. The response shall
include supporting documentation which verifies execution of corrective action(s) taken.
Unless otherwise specified, or previously agreed to by the Department, the submission
of a corrective action plan shall not be accepted as corrective action. For all items of
non-compliance satisfactorily resolved by agreement between the Contractor and the
Department, no further action regarding such items shall be taken. Any areas of noncompliance shall be corrected within twenty (20) Days or by the date of the Department
approved extension.
2. If any of the Services are non-compliant with the Contract requirements, as identified by
a Government regulatory agency, the Contractor shall resolve all items identified as noncompliant by the deadline established by the agency.
E.2

INSPECTION OF PROGRAM
A. The Contractor shall provide and maintain an inspection system acceptable to the Department
covering the programs and work called for by this Contract. Complete records of all inspection
work performed by the Contractor shall be maintained and made available to the Department
during Contract performance and for as long afterwards as the Contract requires.

B. The Contrattor shall provide entry at all times by the Texas Board of Criminal Justice (TBCJ)
and the Department's authorized employees/agents for inspections and other official purposes.
The Governor, members of the Legislature and all other members of the Executive and Judicial
Departments of the State, as well as any other Persons designated by the Department,
including the Office of the Inspector General, shall be allowed to monitor the delivery of
Services.
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E.3

Section E

MONITORING CRITERIA
A. The Department shall devise its own procedures for monitoring the quality of the Contractor's
performance under this Contract, all Court Orders and Department Policies.

B. The Contractor shall cooperate fully with the Department in obtaining the requisite
information needed to complete such audits and to assess the quality of the Contractor's
performance.
C. Monitoring may include, but is not limited to, document reviews and on-site audits conducted
by Authorized Representatives of the Department. Such monitoring by the Department shall
not relieve the Contractor of any of its obligations under this Contract.
D. The Contract Monitor and other Department staff shall provide written findings regarding noncompliant conditions, processes, procedures or operations implemented at the facility, and
observations that could, if not addressed by the Contractor, become an item of non-compliance
as described in Section E.1.
E.4

AUTHORITY TO AUDIT
A. The Contractor understands that acceptance of funds under this Contract acts as
acceptance of the authority of the State Auditor's Office (SAO), or any successor agency, to
conduct an audit or investigation in connection with those funds. The Contractor further
agrees to cooperate fully with the SAO, or its successor, in the conduct of the audit or
investigation, including providing all records requested.

B. The Contractor shall ensure that this Clause concerning the authority to audit funds received
indirectly by subcontractors through the Contractor and the requirement to cooperate is
included in any subcontract it awards.
C. The Contractor shall reimburse the State of Texas for all costs associated with enforcing this
provision .
D. See Section H.8, Books and Records, concerning record retention .
E.5

AUDITS BY OTHER AGENCIES
Upon receipt of audits or monitoring reports pertaining to the provision of Services under this
Contract that are conducted by agencies or entities other than the Department, the Contractor
shall provide copies thereof to the Department within thirty (30) Days. The Contractor shall
provide to the Department copies of responses to audits and/or inspections within seven (7)
Days of issuance. Audits or inspections may include allegations or complaints involving program
operations or the Contractor and its employees (including consultants, independent contractors
and their employees, agents, and volunteer workers).

E.6

FRAUD, WASTE OR ABUSE
A. In accordance with Texas Government Code, Chapter 321 , the SAO is authorized to
investigate specific acts or allegations of impropriety, malfeasance or nonfeasance, in the
obligation, expenditure, receipt or use of State funds.

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Section E

B. 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 SA O's website at
www.sao.texas.gov. It can also be reported to the TDCJ Office of the Inspector General at
1-866-372-8329, the TDCJ Internal Audit Division at 936-437-7100, or Crime Stoppers at 1800-832-84 77.

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Section F

SECTION F - DELIVERIES OR PERFORMANCE
F.1

PERIOD AND PLACE OF PERFORMANCE
The term of the Contract will be from September 1, 2018 through August 31, 2025. The
Contractor shall be required to perform services at the Department locations identified in the
Site List (Exhibit J .1 ), under the general supervision of assignment by the Department's
authorized staff. The Department may add, delete, or change site locations, and alter
configurations of current Offender populations at any 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 RENEW
The Department reserves the right to renew this Contract for three (3) - two (2) year option
periods. The Department will notify the Contractor as per Section 1.15.
The Contract will consist of a Base Period:
Seven (7) years (September 1, 2018 through August 31, 2025)
and three (3) two (2) year renewal Option Periods:
September 1, 2025 through August 31, 2027
September 1, 2027 through August 31, 2029
September 1, 2029 through August 31, 2031
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

OPTION TO EXTEND
The Department may require continued performance of any Services within the limits and at the
rates specified in this Contract. The Department reserves the right to extend this Contract for a
ninety (90) Day period at the end of each Contract and/or renewal period for the purpose of readvertising the Service, awarding a new Contract, and transitioning into a new Contract. The
option to extend provision may be exercised more than once, but the total extension of
performance hereunder shall not exceed six (6) months. The Department may exercise the
option by written notice to the Contractor within the period specified in Section 1.16.

F.4

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

696-IT-19-25-C021
SECTION G -CONTRACT ADMINISTRATION DATA
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 Specialist will make their full text
available.
Texas Government Code, Chapter 2251, Payment for Goods and Services

G.2

AUTHORITY - AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST, CONTRACT
MONITOR AND PROGRAM DIRECTOR

G.2.1

Authorized Representative

A. In the case of the Contractor, it's President or any Vice President, shall designate the
Authorized Representative in writing. The designation of the Contractor's initial Authorized
Representative shall be delivered to the Department no later than the effective date of this
Contract. The Contractor's Authorized Representative may designate other Persons to
assist such Authorized Representative in the performance of certain obligations required by
this Contract.
B. In the case of the Department, the Executive Director is hereby designated as its Authorized
Representative. The TDCJ Chief Information Officer has been designated as the Authorized
Representative to act on behalf of the Executive Director on all matters pertaining to the
daily operations and management of the program and in compliance with this Contract. The
Department's Authorized Representatives may designate other Persons to assist such
Authorized Representatives in the performance of certain obligations of this Contract.
C. 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 the Contractor, by
its President or any Vice President, or if on behalf of the Department, 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.
D. The Department's Authorized Representative (the Executive Director) 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. In the event the Contractor makes any change
at the direction of any Person other than the Executive Director, the change will be
considered to have been made without authority and no adjustment will be made in the
Contract price to cover any increase in cost incurred as a result thereof.
G.2.2 Contract Specialist

A. The Contract Specialist for administration of this Contract is Terri Bennett, CTPM, CTCM .
B. The telephone number for the Contract Specialist is (936) 437-7158.
C. The facsimile number for the Contract Specialist is (325) 223-0310.
D. The e-mail address for the Contract Specialist is terri.bennett@tdcj.texas.gov.

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Section G

E. The Contract Specialist is responsible for general administration of this Contract, negotiation
of any changes and final issuance of written changes/modifications to this Contract. All
requests by the Contractor to modify the Contract shall be made in writing to the TDCJ
Executive Director, and a copy submitted to the Contract Specialist.

G.2.3 Contract Monitor

A. The Contract Monitor is not authorized to make any representations or commitments of any
kind on behalf of the Executive Director of the Department or the State of Texas.
B. The Contract Monitor does not have the authority to alter the Contractor's obligations or to
change the Contract specifications, prices, terms or conditions.
C. If, as a result of technical discussions, it is desirable to modify Contract obligations or the
statement of work, changes will be issued in writing and signed by the Executive Director of
the Department.

G.2.4 Program Director
The Contractor shall provide a Program Director for this Contract who shall be responsible for
the overall management and coordination of this Contract and shall act as the central point of
contact with the Department. The Program Director shall have full authority to act for the
Contractor in the performance of the required Services. The Program Director, or a designated
representative, shall meet with the Contract Monitor to discuss problems as they occur.

G.3

COMMISSION REMITTANCE

G.3.1

Remittance by Direct Deposit
It is recommended the Contractor remit payments via electronic funds transfer (EFT), also
known as direct deposit to:
Texas Department of Criminal Justice
Cashiers Office
Att.: Stacie Tatom-Rodgers, Program Administrator
PO Box 4015
Huntsville, TX 77342-4015

G.3.2 Late Remittance
Commission payment for any month is due by the 20th business 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.

G.3.3. Commission Reporting
Commission report is due to the Department by the 20th day of the month following the month
for which the revenue is due.

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Section G

G.3.4. Review of Reported Revenue

The Contractor will review commission data with the Department each month to ensure
previously reported revenue was accurate. In the event agreed commission payments for one
(1) or more previous months are found to be in error, the associated payment adjustment will be
made in the following month's revenue payment and without interest.
G.4

Annual Financial Disclosure Reports

A. The Contractor shall have an annual audit performed by an independent Certified Public
Accountant (CPA) and submit to the Contract Specialist the financial reports prepared
according to Generally Accepted Accounting Principles and Auditing Standards (GAAP and
GAAS) within one hundred twenty (120) Days after the end of the Contractor's fiscal year.
B. In the disclosure of its financial affairs, the Contractor agrees to allow the Department or its
representative's access to all its corporate books, to cooperate in any audits thereof and to
provide the Department's Contract Specialist with 1 and 2 below:
1. Consolidated financial statements such as are required by GAAP of the Contractor and
its affiliates for such year, setting forth in each case in comparative form the
corresponding figures for the preceding fiscal year, all in reasonable detail and certified
by independent CPA's of recognized standing to the effect that said financial statements
fairly present, except as specifically stated, the consolidated financial position and result
of operations of the Contractor and its affiliates as of the end of the year for the year
involved, and a statement signed by a senior accounting or financial officer of the
Contractor that such officer has no knowledge, except as specifically stated, of the
occurrence and continuance of any Event of Default or event which, with the time or the
giving of notice, or both, would constitute an Event of Default (as defined in Section 1.3.1)
or, if such circumstance does exist, specifying the nature and extent thereof and the
actions proposed to cure same; and
2. Copies of any "management letters" (as that term is understood pursuant to GAAP and
GAAS) received by the Contractor following any such audits.

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Section H
SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1

INSURANCE REQUIREMENTS
A. Prior to the approval of this Contract by the Department, the Contractor shall procure, pay
for and maintain the following insurance written by companies approved by the State of
Texas and acceptable to the Department. It is recommended that coverage be with a
company or companies having both, a Financial Strength Rating of "A" or better and Financial
Size Category Class of "VII" or better from A.M. Best Company, Inc.
B. The insurance shall be evidenced by delivery to the Department of certificates of insurance
executed by the insurer or its authorized agent stating coverage , limits, expiration dates and
compliance with all applicable required provisions.
C. Upon request, the Department shall be entitled to review without expense, copies of the
redacted policies and all endorsements. Copies and changes to the initial insurance
certificates , including extensions, renewals, cancellations and revisions shall be submitted
to the Contract Specialist within thirty (30) Days of the effective date.
D. Subject to the Contractor's right to maintain reasonable deductibles , the Contractor shall
obtain and maintain in full force and effect for the duration of this Contract and any extension
hereof, at the Contractor's sole expense, insurance coverage in the following type(s) and
amounts:
1. Workers' Compensation with statutory limits; Employers Liability with minimum limits
for bodily injury:
a. By accident, $1 ,000,000 per each accident; and
b.

By disease, $1 ,000,000 per employee with a per policy aggregate of $1 ,000,000.

2. Commercial Automobile Liability Insurance covering owned, hired, and non-owned
vehicles , with a minimum combined bodily injury (including death) and property damage
limit of $1 ,000,000 per occurrence .
3. Commercial General Liability Insurance including,
but not limited to,
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability with. minimum combined bodily injury
(including death) and property damage limits of $1 ,000,000 per occurrence , and
$2 ,000 ,000 general aggregate.
a.

Civil Rights Liability shall be provided with the same liability limits. It may be included
with the General Liability policy or written on a separate policy.

b. The Department shall be named as an additional insured by using endorsement
CG2026 or broader.
4. Professional Liability (only if professional services are needed) including coverage for
the rendering of, or failure to render, professional services with minimum limits of
$1 ,000,000 per occurrence, $3,000,000 annual aggregate. Coverage to include errors and
omissions .

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5.

Section H

Commercial Crime Insurance to cover losses from Employee Dishonesty with a
minimum limit of $1,000,000 each occurrence endorsed to cover third party property. The
Department must be joint loss payee.

NOTE: If the insurance described in 3 or 4 above is written on claims-made form, coverage shall
be continuous (by renewal or extended reporting period) for not less than sixty (60) months
following completion of the Contract and acceptance by the Department. Coverage, including any
renewals, shall have the same retroactive date as the original policy applicable to this Contract.

H.1.1

Required Provisions
The Contractor agrees that with respect to the above required insurance, all insurance contracts
and certificate(s) of insurance will contain the following required provisions:

A. Include the Department and its officers, employees and elected representatives as additional
insured to all applicable coverages.
B. Waive subrogation against the Department, its officers, employees, and elected
representatives for bodily injury (including death), property damage or any other loss, to all
applicable coverages to the extent caused by Centurylink.
C. Provide that the Contractor's insurance is the primary insurance in regards to the Department,
its officers, employees and elected representatives.
D. Provide that all provisions of this Contract concerning liability, duty and standard of care,
together with the indemnification provision, shall be underwritten by contractual liability
coverage sufficient to include such obligations within applicable policies to the extent coverage
is commercially standard.
E. Ensure that all certificates of insurance identify the Service or product being provided and the
name of the responsible party.
F. The Contractor, through an insurance agent licensed by the State of Texas, shall obtain all
insurance coverage and an insurance company authorized to issue such coverage in this
State shall provide such coverage. No "self-insurance" coverage shall be acceptable. All
policies shall include a provision requiring at least thirty (30) Days prior written notice of
cancellation to the Contractor with contractor providing a copy of such notice to the
Department within ten (10) business days.
G. All insurance coverage obtained by the Contractor shall continue in full force and effect during
the Contract Term. No contract shall be entered into between the Contractor and the
Department unless insurance coverage binders are received by the date scheduled for the
execution of the contract. Proof of insurance policies must be delivered prior to the Service
Commencement Date.
H. The Contractor may choose the amount of deductible for any other insurance coverage
required (above) to be obtained by the Contractor, which shall be maintained at commercially
reasonable levels.
I.

The Contractor is responsible for the first (1 51 ) dollar defense coverage. All general liability and
policies shall provide defense in addition to the policy limits.

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Section H

The limits required herein are minimum acceptable. However, these limits are not to be
construed as being the maximum any prospective contractor may wish to purchase for their
own benefit.
K. As respect to the total limits of liability required, any combination of primary and/or umbrella
coverage may satisfy those totals. However, if an umbrella is used, coverage must be at least
as broad as the primary coverage.

J.

H.2

SUBCONTRACTORS

A. The Contractor may subcontract for the performance of any of its responsibilities to provide
Services pursuant to this Contract.
B. No subcontract may be entered into unless the Department provides prior written approval,
which approval may not be unreasonably withheld.
C. If a subcontractor is deemed to be needed for an event of an emergency nature, verbal
approval may be obtained through an Authorized Department Representative. The
Contractor shall submit a written request with supporting documentation for approval, by the
Department, as soon as possible.
D. The Contractor shall furnish to the Department copies of all subcontracts, without regard to
the amount of annual payments.
E. Any arrangement by the Contractor with an affiliate or member company to provide Services
for the Program shall be subject to the subcontractor provisions of this Section.
F. No contractual relationship shall exist between the Department and any subcontractor and
the Department shall accept no responsibility whatsoever for the conduct, actions, or
omissions of any subcontractor selected by the Contractor.
G. The Contractor shall be responsible for the management of the subcontractors in the
performance of their work.
H. A subcontractor may not work directly with the Department in any manner and shall not be
included in Contract negotiations, renewals, audits or any other discussions except at the
request of the Department.
I.

Unless waived in writing by the Department, the subcontract shall contain the following :
1. An acknowledgement that the subcontract is subject to the Contract between the
Department and the Contractor (the "Master Contract").
2. 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 the Department under the Master Contract.
3. The Department's approval of a subcontract does not relieve the Contractor of its duty
to perform under the Master Contract.
4. The Department shall be deemed a "third party beneficiary" to the subcontract.

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Section H

696-IT-19-25-C021

H.2.1

5. The subcontract shall contain the required Authority to Audit Clause referenced in
Section E.4, and the required Non-Discrimination Clause referenced in Section 1.12.
Insurance
The 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.

H.2.2 Historically Underutilized Business (HUB)
The Contractor shall make a good faith effort to award necessary subcontracts to HUBs in
accordance with Texas Government Code, Sections 2161.181, 21_61.252(b), and Texas
Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, Rule 20.285.
Pursuant to the Statewide Procurement Division HUB Rules, Texas Administrative Code, Title
34, Part 1, Chapter 20, Subchapter D, Division 1, Rule 20.285, the Contractor shall submit a
HUB Subcontracting Plan (HSP) as part of the proposal submission, as well as make a good
faith effort to implement the HSP. The Contractor shall seek written approval from the
Department prior to making any modifications to its HSP.
H.3

TRANSITION

A. Upon termination of this Contract, the Contractor agrees to work with the Department under
the Department's management supervision for a period of sixty (60) Days, prior to the
expiration of the Contract, to ensure the orderly transfer and efficient transition from current
Contractor management to either the Department management or management by a third
party of the program.
B. During this transition period, the Contractor shall transfer all Offender records to the
Department if requested to do so by the Department. In the event the Contractor requires
copies of any records after Contract expiration and program management transition, the
Department will furnish copies to the Contractor at the Contractor's expense.
H.4

RESERVED FOR FUTURE USE

H.5

UTILIZATION OF PRODUCTS AND MATERIALS PRODUCED IN TEXAS

H.6

A.

The Contractor shall comply with Texas Government Code, Section 2155.4441, relating to
service contract use of products produced in the State of Texas.

B.

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.

CRIMINAL HISTORY INFORMATION COMPLIANCE
The parties hereto acknowledge and agree that in order for the Contractor to perform the
Services contemplated herein, the Department may have to provide the Contractor with, or the
Contractor may have access to, certain information regarding Offenders and former Offenders
known as "criminal history information." Criminal history information 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, fingerprint
information, and driving records. In the event the Department provides the Contractor with
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Section H

criminal history information, the Contractor agrees to comply with the confidentiality
requirements of 28 CFR 20.21; 42 U.S.C. 3711, et seq., as amended; and Texas Government
Code, Section 411.083; and with the FBI Criminal Justice Information Services (CJIS) Security
Policy. More specifically, the Contractor agrees and acknowledges as follows:
A. The Department hereby specifically authorizes that the Contractor may have access to
criminal justice history to the extent such access is necessary or appropriate to enable the
Contractor to perform the Services contemplated herein.

B. The Contractor agrees to limit the use of such criminal justice information for the purposes
set to herein.
C. The 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 Services
contemplated herein.
D. In the event that the Contractor's employee(s) fails to comply with the terms hereof, the
Contractor shall take corrective action with the employee(s). Such corrective action must be
acceptable to the Department. An intentional or knowing violation may also result in civil
and criminal violations under federal and state laws. Additionally, the Contractor shall submit
for the Department's approval, the Contractor's corrective action plan to ensure full
compliance with the terms hereof. Until such time as the corrective action plan is approved
by the Department, the Contractor shall not be authorized to fill any vacant positions unless
special authorization is granted in writing by the Department which authorization shall not
be unreasonably withheld.
H.7

OTHER CONFIDENTIAL OR SENSITIVE INFORMATION
A. The parties hereto acknowledge and agree that in order for the Contractor to perform the
Services contemplated herein, the Department may have to provide the Contractor with, or
the Contractor may have access to, certain information, other than criminal history
information, that is confidential pursuant to federal or state laws, rules, or regulations, or that
is personal information considered to be "sensitive." The Contractor agrees that such
confidential or sensitive information shall only be used for the purpose of performing
Services contemplated herein. Such information shall not be disclosed, copied or
transmitted for any purpose other than for the performance of Services contemplated herein.

B. In the event that the Contractor's employee(s) fails to comply with the terms hereof, the
Contractor shall take corrective action with the employee(s). Such corrective action must be
acceptable to the Department. An intentional or knowing violation may also result in civil
and criminal violations under federal and state laws. Additionally, the Contractor shall submit
for the Department's approval, the Contractor's corrective action plan to ensure full
compliance with the terms hereof. Until such time as the corrective action plan is approved
by the Department, the Contractor shall not be authorized to fill any vacant positions unless
special authorization is granted in writing by the Department which authorization shall not
be unreasonably withheld.
H.8

BOOKS AND RECORDS

All records and documents pertinent to the Services contracted hereunder shall be kept for a
minimum seven (7) years after the expiration or termination hereof. If any litigation, claim, or
audit involving these records begins before the retention period expires, the Contractor must
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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 the Department and the Contractor.
H.9

ORGANIZATIONAL AND NAME CHANGE
The Contractor shall submit written notification to the Department within thirty (30) Days of any
changes in the Contractor's name, address, telephone number, facsimile number and/or e-mail
address with an effective date of such change. The Contractor shall submit to the Department
a copy of any registration "to do business as," "OBA," or "also known as," "AKA," and any legal
corporate name change filed with the Secretary of State.

H.10

FREE EXERCISE OF RELIGION
The Contractor is prohibited from substantially burdening an employee's or Offender's Free
Exercise of Religion.

H.11

DELAY OF SERVICES
The 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 the facility is inoperable due to delays caused by the Contractor's
nonperformance (Exhibit J.4). The 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 was accrued daily as the date of the notification.

H.12

RESERVED FOR FUTURE USE

H.13

SECURITY
The Contractor's employees and representatives, vehicles and equipment must be under
security surveillance at all times and are subject to inspection at any time while on state property.
The Contractor agrees to abide by all Department Policies and unit rules and regulations on
state property. These rules, in part, prohibit the introduction of alcohol, narcotics, weapons,
gambling paraphernalia, pagers and cellphones to any state property. This includes having
these items in personal vehicles of on-site employees. The Contractor's employees may not
carry more than $25.00 in cash into any Department Facility. Tobacco products are strictly
prohibited on TDCJ units, but are allowed in the personal vehicles of on-site employees or in
designated smoking areas. All vehicles must be kept locked when not in use and the
Contractor's employees must stay with the vehicle when it is unlocked.

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SECTION I - CONTRACT CLAUSES
1.1

RESERVED FOR FUTURE USE

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 products or services provided are endorsed or preferred by the
Department or is considered by the Department to be superior to other products or services .
1.3

DEFAULT AND TERMINATION

1.3.1

DEFAULT BY CONTRACTOR

Each of the following shall constitute an Event of Default on the part of the Contractor:

A. 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, when such failure continues for a period of twenty (20) Days after
the Contractor's receipt of written notice thereof;
B. A Material Failure to meet or comply with Department Policy, federal or state requirement or
law, when such failure continues for a period of twenty (20) Days after the Contractor's
receipt of written notice thereof;
C. The Contractor's Material Failure to comply with any Department Policy for which the
Contractor has been expressly required to comply and for which the Contractor has not
received a prior written waiver from the Department, when such failure continues for a period
of twenty (20) Days after the Contractor's receipt of written notice thereof;
D. Insolvency of the Contractor as evidenced by any of the following occurrences:
1. Its inability to pay its debts;
2. Any general assignment for the benefit of creditors;
3. Any decree or order appointing a receiver or trustee for it or substantially all of its property
to be entered and , if entered without its consent, not to be stayed or discharged within
sixty (60) Days;
4. Any proceedings under any law relating to bankruptcy, insolvency, or the reorganization
or relief of debtors to be instituted by or against it and, if contested by it, not to be
dismissed or stayed within sixty (60) Days; or
5. Any judgment, writ of attachment or execution, or any similar process to be issued or
levied against a substantial part of its property which is not released , stayed, bonded, or
vacated within sixty (60) Days after issue or levy.
E. The discovery by the Department that any statement, representation or warranty in this
Contract is false , misleading, or erroneous in any material respect; or

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F. A failure by the Contractor to comply with contractual terms and conditions, resulting in a
breach of security or health and safety standards. This Event of Default may result in the
immediate termination of this Contract.
1.3.2

Further Opportunity to Cure

A. 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 the 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.
B. Upon receipt of any such plan for curing an Event of Default, the Department shall promptly
review such plan and at its discretion, which must be reasonable in the circumstances, may
allow, or not allow, the Contractor to pursue such plan of cure.
C. The decision of the Department will be communicated in writing to the Contractor.
D. 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.
E. If the Department does not allow the Contractor an extension of the cure period, the twenty
(20) Day time period shall be tolled during the period of 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, in writing, the Contractor of such Event of Default, and subject
to the provisions of Section 1.3.2, the Department will have the right to pursue any remedy it may have
by law or in equity including, but not limited to:
·

A. Reducing its claim to a judgment;
B. Exercising a Termination for Default.
1. In the event of Termination for Default the Department shall offset against Payments
owed to the Contractor any reasonable amounts expended by the Department to cure
the Event of Default.
2. The Department will have no further obligations to the Contractor after such termination
and the Contractor shall comply with Section H.3 with respect to the transition to new
management.
3. The Department may also acquire, in the manner the Department considers appropriate,
services similar to those terminated and the Contractor will be liable to the Department
for any increase in costs for those services.
4. The Department shall not be liable for any increase in costs if the failure to perform the
Contract arises from and without the fault or negligence of the Contractor as follows:

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a. Acts of God or of the public enemy,
b. Acts of the State in either its sovereign or contractual capacity,
C.

Fires,

d. Floods,
e. Epidemics,
f.

Quarantine restrictions,

g. Strikes,
h. Freight embargoes, and
i.

Unusually severe weather.

In each instance the failure to perform must be beyond the control and without the fault
or negligence of the Contractor.
1.3.4

RESERVED FOR FUTURE USE

1.3.5

RESERVED FOR FUTURE USE

1.3.6

Termination for Convenience
The Department may, in its sole discretion, terminate this Contract, with or without cause, by
providing the Contractor.with sixty (60) Days prior written notice of such termination.

1.3.7

Termination by Mutual Agreement
The parties may terminate this Contract by mutual agreement, the terms of which shall be set
forth in writing.

1.3.8

Termination Procedures

A. Upon Termination for Default, Termination for Convenience, Termination by Mutual
Agreement as heretofore mentioned, the following procedures will be adhered to:
1. The Department will immediately notify the Contractor in writing specifying the effective
termination date.
2. 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:
a. Place no further subcontracts or orders in support of this Contract;
b. Terminate all subcontracts; and
c.

Cancel all orders as applicable.

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B. Upon termination, the Department shall be entitled to receive from the Contractor, payment
for 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 in an amount that equates to the undepreciated or unamortized
portion of any equipment and infrastructure installed by Contractor which is used by the new
service provider. In the event Contractor transfers ownership of or title to any equipment and
infrastructure to the Department, including any equipment and infrastructure which become
the property of the Department pursuant to the terms of this Contract, the compensation
owed to the Contractor pursuant to the preceding sentence shall be calculated as if the
ownership of such equipment and infrastructure had remained with Contractor and in
accordance with an amortization/depreciation schedule to be provided by the Contractor to
the Department at time of transfer of ownership of the equipment.
1.3.9

Default by the Department

Each of the following shall constitute an Event of Default on the part of the Department:
A. Failure by the Department to observe and perform any material covenant, condition, or
agreement on its part to be observed or performed; or

B. Its failure or refusal to substantially fulfill any of its material obligations hereunder, unless
caused by the default of the Contractor; and
C. Unless cured by the Department within twenty (20) Days after receiving written notice
thereof.
1.3.10 Remedy of the 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

A. Any dispute arising under this Contract, which is not disposed of by mutual agreement
between the Department and the Contractor shall be resolved as follows:

1. The dispute resolution process provided for in Texas Government Code, Chapter 2260,
shall be used, as further described herein, by the Department and the Contractor to
attempt to resolve any claim for breach of Contract made by the Contractor.
2. A Contractor's claims 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
Texas Government Code, Chapter 2260, Subchapter B.
3. To initiate the process, the Contractor shall submit written notice, as required by Texas
Government Code, Chapter 2260, Subchapter B, to the Contracts and Procurement
Director or designee, at Two Financial Plaza, Suite 525, Huntsville, Texas 77340.

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4. Said notice shall specifically state the provisions of Texas Government Code, Chapter
2260, Subchapter B, are being invoked, and shall also be given to all other
representatives of the Department and the Contractor otherwise entitled to notice under
the parties' Contract.
5. Compliance by the Contractor with Subchapter B, is a condition precedent to the filing of
a contested case proceeding under Texas Government Code, Chapter 2260,
Subchapter C.
6. The contested case process provided in Texas Government Code, Chapter 2260,
Subchapter C, is the Contractor's sole and exclusive process for seeking a remedy for
an alleged breach of Contract by the Department if the parties are unable to resolve their
disputes under subparagraph (A) of this paragraph.
7. Compliance with the contested case process provided in Texas Government Code,
Chapter 2260, Subchapter C, is a condition precedent to sue from the Legislature under
Chapter 107 of the Civil Practices and Remedies Code.
8. Neither the execution of this Contract by the Department nor any other conduct of any
representative of the Department related to the Contract shall be considered a waiver of
sovereign immunity to suit.
B. In addition to complying with Texas Government Code, Chapter 2260, the Department and
the Contractor shall comply with the rule published in Texas Administrative Code, Title 37,
Part 6, Chapter 155, Subchapter C, Rule 155.31.
C. 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 Department's directive, decision or order, and shall be governed by all applicable
provisions of this Contract.
D. 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.
E. This provision shall not be construed to prohibit the Contractor from seeking any other legal
or equitable remedy to which it is entitled.
1.4

NO WAIVER OF RIGHTS

A. 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.
B. 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

1.5.1

Acts or Omissions

The Contractor shall indemnify and hold harmless the State of Texas, the Department and the
TBCJ, and/or their officers, agents, employees, representatives, contractors, assignees, and/or
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designees from any and all liability, actions, claims, demands, or suits, and all related costs,
attorney fees, and expenses arising out of, or resulting from any acts or omissions of the
Contractor or its agents, employees, subcontractors, order fulfillers, or suppliers of
subcontractors in the execution or performance of the Contract and any purchase orders issued
under the Contract. The defense shall be coordinated by the Contractor with the Office of the
Attorney General when Texas State Agencies are named defendants in any lawsuit and the
Contractor may not agree to any settlement without first obtaining the concurrence from the
Office of the Attorney General. The Contractor and the Department agree to furnish timely
written notice to each other of any such claim.
1.5.2

Infringements

A. The Contractor shall indemnify and hold harmless the State of Texas, the Department and
the TBCJ, and or their employees, agents, representatives, contractors, assignees, and/or
designees from any and all third party claims involving infringement of United States patents,
copyrights, trade and service marks, and any other intellectual or intangible property rights
in connection with the performances or actions of the Contractor pursuant to this Contract.
The Contractor and the Department agree to furnish timely written notice to each other of
any such claim. The Contractor shall be liable to pay all costs of defense including attorneys'
fees. The defense shall be coordinated by the Contractor with the Office of the Attorney
General when Texas State Agencies are named defendants in any lawsuit and the
Contractor may not agree to any settlement without first obtaining the concurrence from the
Office of the Attorney General.
B. The Contractor shall have no liability under this Section if the alleged infringement is caused
in whole or in part by:
1. Use of the product or Service for a purpose or in a manner for which the product or
Service was not designed;
2. Any modification made to the product without the Contractor's written approval;
3. Any modification made to the product by the Contractor pursuant to the Department's
specific instructions;
4. Any 'intellectual property right owned by or licensed to the Department; or
5. Any use of the product or Service by the Department that is not in conformity with the
terms of any applicable license agreement.
C. If the Contractor becomes aware of an actual or potential claim, or the Department provides
the Contractor with notice of an actual or potential claim, the Contractor may (or in the case
of an injunction against the Department, shall}, at the Contractors sole option and expense:
1. Procure for the Department the right to continue to use the affected portion of the product
or Service; or
2. Modify or replace the affected portion of the product or Service with functionally
equivalent or superior product or Service so that the Department's use is non-infringing.

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1.5.3

Section I

Taxes/Workers' Compensation/Unemployment Insurance - Including Indemnity

A. The Contractor agrees and acknowledges that during the existence of this Contract, the
Contractor shall be entirely responsible for the liability and payment of the Contractor's and
the Contractor's employees' taxes of whatever kind, arising out of the performances in this
Contract. The Contractor agrees to comply with all state and federal laws applicable to any
such Persons, including laws regarding wages, taxes, insurance, and Workers'
Compensation. The Department and/or the State shall not be liable to the Contractor, its
employees, agents, or others for the payment of taxes or the provision of unemployment
insurance and/or Workers' Compensation or any benefit available to a State employee or
employee of another governmental entity customer.
B. The Contractor agrees to indemnify and hold harmless the Department, the TBCJ, the State
of Texas and/or their employees, agents, representatives, contractors, and/or assignees
from any and all liability, actions, claims, demands, or suits, and all related costs, attorneys'
fees, and expenses, relating to tax liability, unemployment insurance and/or Workers'
Compensation in its performance under this Contract. The Contractor shall be liable to pay
all cost of defense including attorneys' fees. The defense shall be coordinated by the
Contractor with the Office of the Attorney General when Texas State Agencies are named
defendants in any lawsuit and the Contractor may not agree to any settlement without first
obtaining the concurrence from the Office of the Attorney General. The Contractor and the
Department agree to furnish timely written notice to each other of any such claim.
1.6

NO WAIVER OF DEFENSES

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

A. The Contractor is associated with the 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.
B. 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 the Department whatsoever with respect to the
indebtedness, liabilities, and obligations of the Contractor or any other party.
C. The Contractor shall be solely responsible for (and the Department shall have no obligation
with respect to) payment of all Federal Income, FICA, and other taxes owed or claimed to
be owed by the 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,
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and expenses howsoever arising or incurred because of, incident to, or otherwise with
respect to any such taxes.
1.8

LAWS OF TEXAS

This Contract shall be governed by and construed in accordance with the laws of the State of
Texas. The venue of any suit arising under this Contract is fixed in any court of competent
jurisdiction of Travis County, Texas.
In the event of a conflict between the Contract and the State laws of Texas, the laws shall prevail.
If there is no conflict between the laws and the Contract, the requirements most favorable to the
Department shall prevail.
1.9

ASSIGNMENT
· A. The Contractor may not assign any interest in this Contract without the prior written consent
of the Department which consent the Department may withhold at its sole discretion.

B. If the Department so elects in its sole discretion, this Contract will terminate upon the
occurrence of any of the following:
1. More than fifty percent (50%) of the assets of the Contractor are sold;
2. The Contractor is merged into, acquired by, or consolidated with another corporation or
business entity; or is otherwise the subject of reorganization; or
3. Any shareholder or owner of the Contractor who owns at least ten percent (10%)
beneficial ownership of the Contractor fails to continue to own at least ten percent (10%).
C. In the event that any sale, transfer, or assignment, as referenced in paragraphs A and B
above, is consented to by the Department, the transferee or its legal representative shall
agree in writing with the Department to assume, perform and be bound by the covenants,
obligations and agreements contained herein.
1.10

MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS
A. 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.

B. The Contractor shall maintain all licenses, permits and franchises necessary for its
businesses where the failure to so maintain might have a material adverse effect on its ability
to perform its obligations under this Contract.
1.11

APPROVAL OF CONTRACT
A. This Contract is subject to written approval of the Executive Director of the Department and
shall not be binding until so approved.

B. For Contracts valued over $1,000,000 in the initial Contract Term, the Executive Director's
approval shall be given only on the approval of the TBCJ.

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1.12

Section I

NON-DISCRIMINATION
In the performance of this Contract, the Contractor warrants that it shall not discriminate against
any employee, subcontractor, participant or provider on account of race, color, disability or
perceived disability, religion, sex, national origin, genetic information or age, and in accordance
with the following:
A. The Contractor shall not discriminate against employees, subcontractors, participants or
providers who have or are perceived to have a disability because AIDS/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.

B. 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.
C. 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.
1.13

CONFIDENTIALITY AND OPEN RECORDS

1.13.1 Confidentiality
Any confidential information provided to or developed by the Contractor 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.
1.13.2 Open Records
In accordance with Texas Government Code, Section 2252.907, the Contractor acknowledges
that this Contract and information created or maintained in connection with this Contract is public
information and subject to disclosure as provided by Texas Government Code, Chapter 552
(Texas Public Information Act). The Texas Public Information Act may require the Contractor to
make information related to this Contract available to the public pursuant to a request for public
information. The Contractor agrees, upon request, to make information related to this Contract
that is not otherwise excepted from release by the Texas Public Information Act available to the
public in hard copy, unless the requester of the information consents to receive the information
in another mutually agreeable format. The Contractor acknowledges that the agency shall not
provide legal counsel related to the Contractor's compliance with the Texas Public Information
Act.
1.14

CONTRACT CHANGES
A. Changes/modifications to this Contract (except Contract extensions in accordance with
Sections 1.15 and 1.16; administrative changes, such as changing the Contract Specialist
designation or correcting typographical errors; or other unilateral changes discussed
elsewhere in the Contract) shall be mutually agreed to by the parties and executed in writing
with the authorized signatures.

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B. The Department, at its sole discretion, may revise funding during the course of this Contract
by issuing a unilateral modification to the Contractor.
1.15

OPTION TO EXTEND THE TERM OF THE CONTRACT

A. The Department may, at its sole discretion, extend the Contract Term by written notice to
the Contractor within ten (10) 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)
Days before the Contract expires.
B. The preliminary notice does not commit the Department to an extension.
C. If the Department exercises this option, the extended Contract shall be considered to include
this option provision.
1.16

OPTION TO EXTEND SERVICES

A. The Department may require continued performance of any Services within the limits and at
the rates specified in this Contract.
B. The Department reserves the right to extend this Contract for a ninety (90) Day period at the
end of each Contract and/or extension period for the purpose of re-advertising the Service,
awarding a new Contract, and transitioning into a new Contract.
C. This option provision may be exercised more than once, but the total extension of
performance hereunder shall not exceed six (6) months.
D. The Department may exercise the option by written notice to the Contractor within the period
specified in Section 1.15.
1.17

SEVERABILITY

In the event that any prov1s1on 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.
1.18

. IMMIGRATION

The Contractor represents and warrants that it will comply with the requirements of the
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) and all subsequent immigration
laws and amendments.
1.19

NO LIABILITY UPON TERMINATION

If this Contract is terminated for any reason, the Department and the State of Texas shall not be
liable to the Contractor for any damages, claims, losses, or any other amounts arising from or
related to any such termination. However, the Contractor may be entitled to the remedies
established in Section 1.3.11.
1.20

LIMITATION ON AUTHORITY

The Contractor shall have no authority to act for or on behalf of the Department or the State of
Texas except as expressly provided for in this Contract; no other authority, power or use is
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granted or implied. The Contractor may not incur any debts, obligations, expenses, or liabilities
of any kind on behalf of the State of Texas or the Department.
1.21

INTELLECTUAL PROPERTY INDEMNIFICATION
A

The Contractor will indemnify, defend, and hold harmless the State of Texas and the
Department against any action or claim brought against the State of Texas and/or the
Department that is based on a claim that software infringes any patent rights, copyright rights
or incorporated misappropriated trade secrets. The Contractor will pay any damages
attributable to such claim that are awarded against the State of Texas and/or the Department
in a judgment or settlement.

B. If the Department's use of the software becomes subject to a claim, or is likely to become
subject to a claim, in the sole opinion of the Department, the Contractor shall, at its sole
expense ( 1) procure for the Department the right to continue using such software under the
terms of this Contract; or (2) replace or modify the software so that it is non-infringing.
1.22

ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, as
required by Texas Administrative Code, Title 1, Part 10, Chapter 213
A

Effective September 1, 2006 State Agencies and Institutions of Higher Education shall
procure products which comply with the State of Texas Accessibility requirements for
Electronic and Information Resources specified in Texas Administrative Code, Title 1, Part
10, Chapter 213, when such products are available in the commercial marketplace or when
such products are developed in response to a procurement solicitation.

B. The Contractor shall provide the Department with the URL to its Voluntary Product
Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility
requirements (based on the federal standards established under the Rehabilitation Act,
Section 508), or indicate that the producUservice accessibility information is available from
the
General
Services
Administration
"Buy
Accessible
Wizard"
(http://www.buyaccessible.gov). Contractors not listed with the "Buy Accessible Wizard" or
supplying a URL to their VPAT must provide the Department with a report that addresses
the same accessibility criteria in substantively the same format. Additional information
regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at
http://www.section508.gov/.
1.23

RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE OWNERSHIP)
Any software, research, reports, studies, data, photographs, negatives or other documents,
drawings or materials prepared by the Contractor in the performance of its obligations under this
Contract shall be the exclusive property of the State of Texas and all such materials shall be
delivered to the Department by the Contractor upon completion, termination, or cancellation of
this Contract. The Contractor may, at its own expense, keep copies of all its writings for its
personal files. The Contractor shall not use, willingly allow, or cause to have such materials
used for any purpose other than the performance of the Contractor's obligations under this
Contract without the prior written consent of the Department; provided, however, that the
Contractor shall be allowed to use non-confidential materials for writing samples in pursuit of the
work. The ownership rights described herein shall include, but not be limited to, the right to
copy, publish, display, transfer, prepare derivative works, or otherwise use the works.

Page 69 of 82

696-IT-19-25-C021
1.24

Section I

FORCE MAJEURE

A. Neither the Contractor nor the Department shall be liable to the other for any delay in, or
failure of performance, of any requirement included in this Contract caused by force majeure.
The existence of such causes of delay or failure shall extend the period of performance until
after the causes of delay or failure have been removed provided the non-performing party
exercises all reasonable due diligence to perform.
B. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of
transportation, or other causes that are beyond the reasonable control of either party and
that by exercise of due foresight such party could not reasonably have been expected to
avoid, and which, by the exercise of all reasonable due diligence, such party is unable to
overcome.
C. Each party must inform the other in writing, with proof of receipt, within three (3) working
days of the existence of such force majeure, or otherwise waive this right as a defense.
1.25

NOTICES

Any written notices required under this Contract will be delivered by carrier service to the
Contractor's office address specified on Page 1 of this Contract or by U.S. mail.
Notices to the Department shall be sent to:
Terri Bennett, CTPM, CTCM
Contract Specialist
Texas Department of Criminal Ju~tice
Contracts and Procurement Department
Information Technology, Construction and Utilities Branch
Two Financial Plaza, Suite 525
Huntsville, Texas 77340
Notice will be effective on receipt by the affected party. Either party may change the designated
notice address in this Section by written notification to the other party. This change shall be
incorporated with a unilateral modification.
1.26

SUBSTITUTIONS

Substitutions are not permitted without written approval of the Department.
1.27

U.S. DEPARTMENT OF HOMELAND SECURITY'S E-VERIFY SYSTEM

A. By entering into this Contract, the Contractor certifies and ensures that it utilizes and will
continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security's
E-Verify system to determine the eligibility of:
1. All Persons employed to perform duties within Texas, during the Contract Term; and
2. All Persons (including subcontractors) assigned by the Contractor to perform work
pursuant to the Contract, within the United States of America.

Page 70 of 82

696-IT-19-25-C021

Section I

B. The Contractor shall provide , upon request of the Department, an electronic or hardcopy
screenshot of the confirmation or tentative non-confirmation screen containing the E-Verify
case verification number for attachment to the Form 1-9 for the three (3) most recent hires
that match the criteria above, by the Contractor, and the Contractor's subcontractors, as
proof that this provision is being followed.
C. If this certification is falsely made, the Contract may be immediately terminated , at the
discretion of the State and at no fault to the State, with no prior notification . The Contractor
shall also be responsible for the costs of any re-solicitation that the State must undertake to
replace the terminated Contract.

Page 71 of 82

696-IT-19-25-C021

Section J
SECTION J - LIST OF EXHIBITS

EXHIBIT NO.

TITLE

PAGES

J.1

Site List

J.2

Reserved for Future Use

J.3

Contractors Financial Qualification

J.4

Contract Performance Measures

J.5

Texas Government Code, Chapter 495, Section 495.027, Inmate Pay
Telephone Service, added by Acts 2007, 80th Leg., R.S ., Ch. 100, Section 1,
Eff May15, 2007

3

J.6

Executive Directive, ED-03.32, Offender Access to Telephones

8

J.7

TDCJ Offender Telephone Account Withdrawal and Deposit Process

3

J.8

Site Pre-Dig Safety Meeting Attendance

1

J.9

Sample of Standard Reports

1

4

Page 72 of 82

1
12

Texas Department of Criminal Justice
Capacity and Populations
As of 10/31/17
EXHIBIT J.1
SITE LIST
Additiional Information regarding Facilities may be accessed by going to

http://www.tdcj .texas.gov/unit directory/index. html

No.

Unit Name

1

Allred

Estimated Total
Number of
Q'ffendefs
3,722

Estimated Total tJumbe.r
!=llgiol&
2,385

Estimated Number of Phones
Required at Current Eligible
Ratio
80

2

Bartlett (mothballed)

0

0

3

Beto (Trusty Camp)

3,471

3,471

117

0

4

Boyd

1,372

1,372

46

1,980

1,938

65

520

520

17

5

Bradshaw (Existing OTS)

6

Bridgeport

7

Briscoe

1,384

1,374

46

8

Byrd

1,365

244

9

9

Chasefield (Trusty Camp)

480

480

16

10 Clemens (Trusty Camp)
11

Clements

12 Cleveland (Existing OTS)
13 Coffield (Trusty Camp)
14 Cole
15 Connally
16 Cotulla
17 Crain** (Trusty Camp)
18

Dalhart

19 Daniel
20

Darrington (Trusty Camp)

21

Diboll Private

22

Dominguez

1,215

1,215

41

3,798

2,432

82

520

520

18

4,139

3,567

119

900

872

30

2,904

2,104

71

606

566

19

2,115

1,988

67

1,398

1,030

35

1,384

1,374

46

1,931

1,394

47

518

512

18

2,276

2,006

67

23

Duncan

566

530

18

24

Eastham (Trusty Camp)

2,474

2,077

70

25

Ellis (Trusty Camp)

2,482

2,123

71

26

Estelle**

3,360

2,476

83

27

Estes

1,040

1,040

35

28

Ferguson (Trusty Camp)

2,421

1,921

65

29

Formby

1, 100

984

33

30

Fort Stockton

606

542

19

31

Garza East

1,978

1,928

65

32

Garza West

2,278

1,928

65

33

Gist

2,276

2,072

70

34

Glossbrenner

612

612

21

35

Goodman

612

612

21

36

Goree (Trusty Camp)

1,321

747

25

37

Gurney

2,128

1,928

65

38

Halbert

612

612

21

696-IT-19-25-C021

Page 1 of 4

Texas Department of Criminal Justice
Capacity and Populations
As of 10/31/17
No.

Unit Name

El?timated Toted
Number of
Offenders

Estimated Thtal Number
Etlgible

Estimated Number of Phones
Requif.ed ·al Current Eligible
Rati0

39

Hamilton

1,166

1, 158

39

40
41

Havins

596

576

20

Henley

576

576

20

42

Hightower

1,384

1,374

46

43

Hilltop (Trusty Camp)

553

551

19

44

Hobby

1,384

1,300

44

45

Hodge

989

1,032

35

46

Holliday**

2,120

1,704

57

47

Hospital Galveston*

365

30

1

48

Hughes

2,984

2,267

76

49

Huntsville

1,705

1,312

44

2,276

1,682

57

50 Hutchins
51

Jester I

52 Jester Ill (Trusty Camp)
53 Jester IV

323

328

11

1, 131

1, 123

38

550

470

16

612

612

21

1,008

998

34

Keg ans

657

648

22

57

Kyle (Existing OTS)

520

520

18

58

LeBlanc

1,224

1,224

41

59 Lewis

2,232

1,374

46

60 Lindsey State Jail

1,031

960

32
17

54 Johnston
55

Jordan

56

61

Lockhart (Existing OTS)

1,000

1,000

62

Lopez

1, 100

1,068

36

63

Luther (Trusty Camp)

1,316

1,302

44

64

Lychner

2,276

1,960

66

65

Lynaugh

1,416

1,406

47

66

Marlin

606

566

19

67

McConnell

2,960

2,336

78

68

Michael (Trusty Camp)

3,305

2,657

89

69

Middleton

2,128

1,928

65

70

Montford

950

400

14

71

Moore, B.

500

500

17

72

Moore, C.

1,224

1,224

41

73 Mt. View

645

522

18

74

Murray

1,341

1,231

42

75

Neal

1,732

1,722

58

Ney

576

576

20

1,478

1.495

50

76

77 Pack (Trusty Camp)
78

Plane

2,296

2,076

70

79

Polunsky**

2,984

2,336

78

80

Powledge (Trusty Camp)

1, 137

1, 121

38

696-IT-19-25-C021

Page 2 of 4

Texas Department of Criminal Justice
Capacity and Populations
As of 10/31/17
Estimated Total
No.

Number of

Unit Name

.Offenders

81 Ramsey (Trusty Camp)
82 Roach

1,891
1,384

83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111

0
0
2,984
612
606
1, 100
632
1,130
1,224
562
2,234
1,384
2,979
1,212
2,884
1,603
1,384
1, 161
606
378
1,384

Roach BT Camp
Roach Work Camp (Trusty Camp)
Robertson
Rudd
San Saba
Sanchez State Jail
Sayle
Scott (Trusty Camp)
Segovia
Skyview
Smith
Stevenson
Stiles
Stringfellow (Trusty Camp)
Telford
Terrell, C.T. (Trusty Camp)
Torres
Travis Co .
Tulia
Vance
Wallace

Estimated T0tal Number
Eligible

0
576
64
1,069

Ware (mothballed)
Wheeler
Wilderness 3
Willacy Co.

900
2,621
455

Woodman State Jail
Wynne (Trusty Camp)'*
Young Complex
Grand Totals

155,239

* Unique Location
** Designated as Mandatory Site Facility Visit
NOTE:
Additional Site Visits Must Be Scheduled Through the Department (Reference L.9.2)

696-IT-19-25-C021

Page 3 of 4

1,881
1,384
0
0
2,209
612
546
992
632
1,127
1,224
522
998
1,384
2,475
1,212
2,416
1,588
1,374
1,088
566
378
1,274
0
576
64
1,044
832
2,470

Estimated Number of Phones
Required at Current Eligible
Ratio

63
47
0
0
74
21
19
34
22
38
41
18
34
47
83
41
81
53
46
37
19
13
43
0

455

20
3
35
28
83
16

134,064

4,506

Texas Department of Criminal Justice
Capacity and Populations
As of 10/31/17
Unit Name

No,

Estimated Tefal
Number ef
Gtrenders

Esthnated Total Number
Eligible

Estimated Number of Phones
Requfred al Cur'rent Eligible
R_atio

Regional and Administrative Departments Monitoring Sites
Additional information regarding Regional Sites may be· accessed by going to

No.

http:/lwww.tdcj.texas.gov/unit_directory/unit_map.html

1

Region I - Huntsville

2

Region II - Palestine

3

Region 111 - Rosharon

4

Region IV - Beeville

5

Region V - Plainview

6

Huntsville Administrative*

7

Austin Administrative*

8

STG - Security Threat Group

* May include more than one location.

696-IT-19-25-C021

Page 4 of 4

696-IT-19-25-C021

Exhibit J.3
TEXAS DEPARTMENT OF CRIMINAL JUSTICE

PROPOSER'S FINANCIAL QUALIFICATIONS
Centurylink Public Communications, Inc.
Name of Firm
()() Corporation

( ) Proprietorship

( ) Partnership

Texas Address: 11921 N Mo Pac_E_x_p_y _ _ c.?.rpor~~ HQ: 100 Centurylink Drive

Address

Phone No.

Austin , TX 78759
Monroe, LA 7-1203
State
Zip Code
936.355 .3306 (Centurylink's TDCJ PM)
318.388.9000 (co swxboard)_
FAX No. __7
'-"2_0°""."'"
26:;_4'-'-..::..
81..:..:2::....1'-- _ _ _

Website

www.centurylinkcorrections .com; www.centurylink.com (co~~arent website)

City

How long has company worked in this trade? --1§_ ycar(s).

Centu

Link, Inc.

Parent Company

- -- - - - -- -

Owners and/or Partners Centurylink, Inc. is a widely held publicly traded corporation. Ownership
blocks of over 5% are shown below.

The Vanguard Group, Inc.

11.42 %
9.35

Southeastern Asset Management, Inc.

6.60

BlackRock E11nd Advisors

6AO

T emasek Holdings

Name

_ P. e_a

e

e

%

•y.,

for ,C_Qn_fiq~ ntial & Pro

Address _s.u.b.sidiaIJe.s_t...G.e.ntu ry Link affilifile

Phone-- - - -- - - -- Email - -- - -- - - - - -- - -- - - - -- Name _ _ _ __ __ _ __ __
Address - - - -- - - - - - - -- - - -- - - -- - - - -- - -- - Email
Phone
Name _ __ _ __
Address

Phone _ _ __ _ _____ Email

Page 1 of 1

696-IT-19-25-C021
Exhibit J.4 - Contract Performance Measures
Priority

I Identifier

Performance Requirements

Unacceptable

1.1

C.3.6

Each facility's outgoing circuit
bandwidth shall remain operative at all
times.

Twenty percent
(20%) or more of
the individual
facility's outgoing
circuit bandwidth
being inoperative

1.2

C.3.6

Each facility's telephones shall remain
operative at all times.

Twenty percent
(20%) or more of
the individual
facility's
telephones being
inoperative

1.3

C.3.1.1.T,
C.3.1.1.V
and C.3.6

Graphic User Interface (GUI) shall
remain accessible at all times; except
for those periods where scheduled or
emergency maintenance is being
conducted.

Inaccessibility to
the GUI (due to a
system event)

8/22/2018 12:33:05 PM

I of 12

I

Resolution Time

Resolution will be
required within six
(6) consecutive
hours from the time
the Contractor
becomes aware of
the problem or
receipt of trouble
report.
Resolution will be
required within six
(6) consecutive
hours from the time
the Contractor
becomes aware of
the problem or
receipt of trouble
report.
Resolution will be
required within six
(6) consecutive
hours from the time
the Contractor
becomes aware of
the problem or
receipt of trouble
report.

I

Revenue/Payment Adjustment
(see Notes 1 and 2)

Assess $500.00 for each hour that the
failure continues beyond six (6) hours.

Assess $500.00 for each hour that the
failure continues beyond six (6) hours.

Assess $500.00 for each hour that the
failure continues beyond six (6) hours.

696-IT-19-25-C021
Exhibit J.4 - Contract Performance Measures
Identifier

Performance Requirements

1.4

C.3.1.1.0
and
C.3.1.1.U

The OTS must provide three-way call
detection at all times.

Failure of the
OTS three-way
call detection
system

1.5

C.3.1.1.E
and
C.3.1.1.K

The OTS must provide the ability to
monitor live calls and Call Detail
Records (CDR) at each facility and
other locations as designated by the
Department.

Inability to
monitor live calls
and Call Detail
Records (CDR) at
any location

Priority

8/22/2018 12:33:05 PM

I

Unacceptable

2of12

I

Resolution Time

Resolution will be
required within six
(6) consecutive
hours from the time
the Contractor
becomes aware of
the problem or
receipt of trouble
report.
Resolution will be
required within six
(6) consecutive
hours from the time
the Contractor
becomes aware of
the problem or
receipt of trouble
report.

Revenue/Payment Adjustment
(see Notes 1 and 2)

Assess $500.00 for each hour that the
failure continues beyond six (6) hours.

Assess $500.00 for each hour that the
failure continues beyond six (6) hours.

696-IT-19-25-C021
Exhibit J.4 - Contract Performance Measures
Priority

Identifier

Performance Requirements

Unacceptable

1.6

C.3.6

All workstations at all locations shall
remain operative.

All workstations
at a site being
inoperative

1.7

C.3.1.1.J

All calls must be recorded in their
entirety; except for private attorney
calls.

1.8

C.3.1. 1.C
and
C.3 .1. 1.1

The OTS shall retain all system
programming parameters.

Any call not
recorded;
excluding private
attorney calls.
Any call
recording
permanently lost
and not
retrievable.

1.9

C.3.1.1.0

Allowed calls will be completed only
after the validation. Calls that are not
on the allowed telephone number list
will not be completed.

8/22/201 8 12:33:05 PM

Any unauthorized
call

3of12

Resolution Time

Resolution will be
to have at least one
( 1) workstation
operative within six
(6) consecutive
hours from the time
the Contractor
becomes aware of
the problem or
receipt of trouble
report. If
workstation
replacement(s) are
required Contractor
will replace and
have all
workstations
operative within
thirty (30)
consecutive hours.
Not applicable

Revenue/Payment Adjustment
(see Notes 1 and 2)

Assess $500.00 for each hour beyond
the six (6) consecutive hours that all
workstations are inoperable; unless
workstation replacement is required.
Assess $500.00 for each hour beyond
the thirty (30) consecutive hours that all
workstations remain inoperable.

Assess $500.00 for each call not
recorded; excluding private attorney
calls.

Not applicable

Assess $500.00 for each permanently
lost and not retrievable call.

Not applicable

Assess $500.00 for each unauthorized
call.

696-IT-19-25-C021
Exhibit J.4 - Contract Performance Measures
Priority

Identifier

Performance Requirements

Unacceptable

Resolution Time

1.10

C.3.1.1.C

The OTS must be configured in prepaid
and collect outward calling mode to only
landlines, postpaid cell phones and
services where billing name and address
information can be obtained. Calls are not
permitted to Virtual Number telephone
services. A virtual telephone number is
defined as a telephone number without a
directly associated phone line. The
Contractor and the Department will work
cooperatively to identify Virtual Number
telephone services, during the Personal
Approved Number (PAN) approval
process to prohibit calls from being
completed to these numbers. The
Contractor will provide a quarterly reverification of at least 25% of all active
PANs in accordance with the verification
process outlined in the Approved Calling
List process. The intent is to not allow
voice services where the called number
and/or device cannot be authenticated or
identified. The Department will not assess
a penalty to the Contractor if Contractor
can document that the Approved Calling
List process was followed.

A call to any
number that is not
approved within
the performance
requirements.

Not applicable

1.11

C.3.1.1.H

The Contractor shall ensure that no
confidential attorney-client
communication is monitored or
recorded.

Any event
identified of
monitoring or
recording an
attorney-client
call

Not applicable

8/22/2018 12:33:05 PM

4of12

Revenue/Payment Adjustment
(see Notes 1 and 2)
Assess $500.00 for each call to a
number that is not approved within the
performance requirement.

Assess $500.00 for each monitored or
recorded attorney-client call.

I

696-IT-19-25-C021
Exhibit J.4 - Contract Performance Measures
Priority

Identifier

1.12

C.3.1.1.C

1.13

C.3.6

1.14

1.15

Performance Requirements

Unacceptable

Resolution Time

Revenue/Payment Adjustment
(see Notes I and 2)

The Contractor is responsible for
validating the authenticity of each
attorney prior to placement into the
system database and auditing each
quarter all attorney telephone
numbers.
The Contractor shall establish system
redundancy.

Any private call
to anyone who
has not been
validated as the
attorney of record

Not applicable

Assess $500.00 for any unauthorized
private call.

All systems
(entire network)
failed due to lack
of redundancy

Assess $5,000.00 for each hour that the
failure continues past six (6) hours.

C.3.1.1.C

The Contractor shall design and
manage the OTS in such a manner that
traffic demand on any system will
never exceed a peak transmit ratio of
90% and a peak receive ratio of 90 %
at the same time.

Traffic demand
reaches operative
bandwidth
capacity

Resolution will be
required within six
(6) consecutive
hours from the time
the Contractor
becomes aware of
the problem or
receipt of trouble
report.
Not applicable

C.3.1.1.C

Calling must be operative for all
locations within the continental United
States and Hawaii.

Any call outside
of the continental
United States and
Hawaii

8/22/2018 12:33:05 PM

5of12

Not applicable

Assess $500.00 each month any system
exceeds a peak transmit ratio of 99.5%
and a peak receive ratio of 99 .5 % at the
same time.

Assess $500.00 per call outside of the
continental United States and Hawaii.

Priority

Identifier

696-IT-19-25-C021
Exhibit J.4 - Contract Performance Measures
Performance Requirements

Unacceptable

Resolution Time

Revenue/Payment Adjustment
(see Notes 1 and 2)

1.16

C.3.1.1.L

The OTS must ensure that the
automated operator functions uses the
offender's supervised pre-recorded
name to announce the call to the called
party.

Any
announcement to
the called party
that did not use
the offender's
supervised prerecorded
enrollment name

Not applicable

Assess $500.00 per each call that did not
use the offender's supervised Voice
Biometric (PBI) enrollment name.

1.17

C.3.1.1.J,
C.3.1.1.A
and
C.3.3.B

The OTS must buffer/store up to
thirty-six (36) months of completed
call detail records and recordings that
can be accessed at any time, including
real-time. Certain "flagged" records
shall be stored and retrievable for the
term of the contract.

Any recording
which is missing
or inaccessible

Not applicable

Assess $500.00 per each missing or
inaccessible recording.

2.1

C.3.6

Each facility's outgoing circuit
bandwidth shall remain operative at all
times.

Less than twenty
percent (20%) of
the facility's
outgoing circuit
bandwidth being
inoperative.

Resolution will be
required within
twelve (12)
consecutive hours
from the time the
Contractor becomes
aware of the
problem or receipt
of trouble report.

Assess $250.00 for each hour that the
failure continues beyond twelve (12)
hours.

8/22/2018 12:33:05 PM

6of12

696-IT-19-25-C021
Exhibit J.4 - Contract Performance Measures
Priority

Identifier

Performance Requirements

Unacceptable

Resolution Time

Resolution will be
required within
twenty-four (24)
consecutive hours
when ten percent
(10%) or more of
the telephones are
inoperative from
the time the
Contractor becomes
aware of the
problem or receipt
of trouble report.
Resolution will be
required within
thirty (30)
consecutive hours
from the time the
Contractor becomes
aware of the
problem or receipt
of trouble report.
Not applicable

2.2

C.3.6

Each facility's telephones shall remain
operative at all times.

Less than twenty
percent (20%) of
the facility's
telephones being
inoperative

2.3

C.3.6

All workstations and printers at all
locations shall remain operative.

More than one,
but not all
workstations or
printers at a site
being inoperative

2.4

C.3.1.1.N
and
C.3 .1.1.P

All calls shall be made within the
calling schedule (telephones are active
from 7:00 am to 10:00 pm Central
Time).

Any call made
outside of the
calling schedule

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7of12

Revenue/Payment Adjustment
(see Notes 1 and 2)

Assess $250.00 for each hour that the
failure continues beyond twenty-four
(24) hours.

Assess $250.00 for each hour that the
failure continues beyond thirty (30)
hours.

Assess $250.00 per call made outside of
the calling schedule.

696-IT-19-25-C021
Exhibit J.4 - Contract Performance Measures
Performance Requirements

2.5

C.3.1.1.B
and
C.3.1.1.N

Each telephone call shall be
automatically terminated after the
TDCJ approved duration limit is
reached.

Any call not
terminated after
the TDCJ
approved duration
limit is reached.

Not applicable

Assess $250.00 per call not terminated
after the TDCJ approved duration limit
is reached.

2.6

C.3.1.1.L

The OTS must allow the called party's
response via DTMF input indicating if
they are willing to accept the call.

Any call
completed
without positive
acceptance by the
called party

Not applicable

Assess $250.00 per call completed
without positive acceptance by the
called party.

3.1

C.3.6 and
C.3.1.1.V

All eMessaging PC workstations,
monitors or printers/scanners shall
remain operative.

Any eMessaging
CPU, monitor or
printer/scanner
failure

Assess $125.00 per day ifresolution is
not completed within thirty-six (36)
consecutive hours; sixty (60) day cap.

3.2

G.3.2

Commission payment for any month is
due by the 20th 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

Resolution will be
required within
twenty-four (24)
consecutive hours
from the time the
Contractor becomes
aware of the
problem or receipt
of trouble report.
Not applicable

8/22/2018 12:33:05 PM

Unacceptable

8of12

Resolution Time

Revenue/Payment Adjustment
(see Notes 1 and 2)

Identifier

Priority

Such amount 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 that does not fall on a Saturday
or Sunday.

696-IT-19-25-C021
Exhibit J.4 - Contract Performance Measures
Priority
,.., ,..,

Identifier

Performance Requirements

Unacceptable

Resolution Time

Revenue/Payment Adjustment
(see Notes 1 and 2)

.

C.3.7 and
G.3.3

Commission report is due to the
Department by the 20th day of the
month following the month for which
the revenue is due.

> One (1) day
overdue

Not applicable

Assess $125 .00 per day for each day out
of compliance; sixty (60) day cap.

3.4

G.3.4

In the event agreed commission
payments for one ( 1) or more previous
months are found to be in error, the
associated payment adjustment will be
made in the following month's
revenue payment and without interest.

Failure to adjust
the following
month' s revenue
payment

Not applicable

Assess $500.00 per day for each day out
of compliance.

.) .)

3.5

C.3.2.2

In the event a position becomes
vacant, the Contractor shall fill the
vacant position within sixty (60)
calendar days.

>Sixty (60)
calendar days
taken to fill a
vacant position

Not applicable

The Contractor will be assessed $125 .00
a day for each day the position is vacant
beyond an initial sixty (60) calendar day
period, sixty (60) day cap.

3.6

D.1

Routine, "ad hoc" and special request
reports shall be delivered no later than
3 business days from the date of
request unless special circumstances
exist. If special circumstances exist,
e.g. the report would require special
research and/or IT development,
Contractor will work with the
Department to provide the report in a
reasonable and mutually agreed
timeframe.

Each day past the
mutually agreed
time frame

Not applicable

Assess $125. 00 per day for each day a
report is overdue, sixty (60) day cap.

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696-IT-19-25-C021
Exhibit J.4 - Contract Performance Measures
Priority

Identifier

Performance Requirements

Unacceptable

Resolution Time

Revenue/Payment Adjustment
(see Notes 1 and 2)

3.7

C.3.5

The Contractor shall provide training
throughout the term of the Contract
within fifteen (15) days for each of the
Department's request(s) for the
training.

Each day past the
fifteen (15) days

Not applicable

The Contractor will be assessed $125. 00
per day for each day past the fifteen (15)
day requirement.

3.8

C.3.1.1.G
and
C.3.3.F.2

The Contractor will provide a
quarterly attorney verification audit
report to the Department not later than
the 20th day of the month following
the end of each calendar year quarter.

>One (1) day
overdue

Not applicable

Assess $125.00 per day for each day
the quarterly attorney verification
audit report is late, sixty (60) day cap.

3.9

C.3.1.1.C

The Contractor will provide a monthly
bandwidth utilization report for each
unit not later than the 15th day of the
month following the end of the
previous calendar month.

>One (1) day
overdue

Not applicable

Assess $125.00 per day for each day the
monthly bandwidth utilization report is
late, sixty (60) day cap.

3.10

B.1.2 and
C.3.1

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.

Any incomplete
call billed

Not applicable

Assess $125.00 per incomplete call
billed.

4.1

C.3.2.2
and
C.3.4.1

Superior customer service is a priority
to the Department. Contractor will
provide timely customer service to
Friends and Family.

Untimely
response to
customer requests

Contractor must
respond within two
(2) business days to
all customer service
requests escalated
to the TDCJ
Account Manager.

Assess $100.00 per day for each day
past two (2) business days that a
response has not been provided, sixty
(60) day cap.

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696-IT-19-25-C021
Exhibit J.4 - Contract Performance Measures

I

Performance Requirements

Unacceptable

4.2

C.3.1.1.C

The OTS shall be configured to ensure
a ratio of not greater than thirty (30)
eligible offenders per telephone device
is provided and maintained at each
facility

Ratio of>Thirty
(30) offenders per
telephone at each
facility

Not applicable

Failure to provide the required ratio
within the agreed upon time frame will
result in the Contractor being assessed
$100.00 for each day that the ratio is
greater than thirty (30) offenders per
telephone device, sixty (60) day cap.

5.1

C.3.6 and
C.3.3.G

All Offender Telephone Assistance
Requests will be processed and
responded to in the mutually agreed
timeframe.

Unresolved
within the allotted
time

Resolution will be
required in twentyone (21) calendar
days based on
twenty-four (24)
hour days

Assess $75.00 per day starting the first
consecutive day past the required
resolution time, sixty (60) day cap.

5.2

Exhibit J.7

The Contractor shall provide a
(Offender Telephone Account
Withdrawal and Deposit)
performance report that shows the
number of requests and the amount of
time to process each request (for both
released and incarcerated offenders)
on a monthly basis. The report must
be received by the OTS Coordination
Office by the 15th of each month. The
Contractor will have a maximum of
fifteen (15) calendar days from date of
receipt to complete each incarcerated
offender request.

>One (1) day
overdue

Not applicable

Assess $75.00 per day for each day
overdue, sixty (60) day cap.

8/22/2018 12:33:05 PM

I I of I2

Resolution Time

Revenue/Payment Adjustment
(see Notes 1 and 2)

Identifier

Priority

I

696-IT-19-25-C021
Exhibit J.4 - Contract Performance Measures
Priority

6.1

Identifier

C.3.1.1.D
and
C.3.4.1

Performance Requirements

Each eligible offender will be
supervised, enrolled/re-enrolled and
verified, in-person, by the Contractor's
personnel. The Contractor will ensure
during the voice biometric
enrollment/re-enrollment process that
the "Inmate Enrollment" utterance
only includes the offender speaking
his/her first name, last name and
middle name/initial, if desired, as
currently on record in TDCJ and the
"Facility Enrollment" utterance only
includes the offender speaking "Texas
Department of Criminal Justice."

Unacceptable

Resolution Time

Failure to
Not applicable
personally
supervise v01ce
biometric
enrollment/reenrollment and
validate the use of
proper TDCJ
offender name
and Facility
Enrollment phrase

Revenue/Payment Adjustment
(see Notes 1 and 2)

Assess $50.00 for each unacceptable
enrollment/re-enrollment that exceeds a
minimum of fifteen (15) or 3% of voice
prints sampled per month by the
Department, whichever is greater.

Note 1: No revenue/payment adjustment shall exceed five percent (5%) of the total gross revenue for the month(s) in which the non-compliance
occurred.
Note 2: Any time more than one revenue/payment adjustment is being applied the total adjustment shall not exceed ten percent ( 10%) of the total
Gross Revenue for the month(s) in which the non-compliance occurred.
Note 3: Total accumulated revenue/payment adjustments in a fiscal year shall not exceed seven (7%) of the total Annual Gross Revenue in that fiscal
year.
Note 4: Assessments will not apply if non-compliance is determined to be a force majeure event as documented in the contractual agreement.
Note 5: A single non-compliant event that affects other priorities will be assessed at only the highest priority level.
Note 6: Assessments will be based on system operational hours of 7:00 A.M to 10:00 P.M. Central Time when site access is required to resolve the
issue; with the exception of Priority 1.13 and workstations if access is provided.

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696-IT-19-25-C021

Exhibit J.5

GOVERNMENT CODE

Sec. 495.027.

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 numbers;
(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.
Page 1 of 3

696-IT-19-25-C021

(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 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.S., Ch. 100 (S.B. 1580), Sec. 1, eff. May 15, 2007.
Renumbered from Government Code, Section 495.025 by Acts 2009, 81st Leg., R.S., Ch .
87 (S.B. 1969), Sec. 27.001 (33), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1051 (H.B. 4583), Sec. 12(a), eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1234 (S.B. 1844), Sec. 1, eff. June 19, 2009.

Page 2 of 3

696-IT-19-25-C021

Text of section effective on June 19, 2009, but only if a specific appropriation is provided
as described by Acts 2009, 81st Leg., R.S., Ch. 643, Sec. 4, which states: This Act does
not make an appropriation. This Act takes effect only if a specific appropriation for the
implementation of the Act is provided in a general appropriations act of the 81st
Legislature.

Page 3 of 3

696-IT-19-25-C021

Exhibit J.6
NUMBER:

TEXAS DEPARTMENT
OF

DATE:

CRIMINAL JUSTICE

PAGES:
SUPERSEDES:

ED-03.32 (rev. 2)
June 5, 2014
1 of8
ED-03.32 (rev. 1)
August 21, 2009

EXECUTIVE DIRECTIVE
SUBJECT:

OFFENDER ACCESS TO TELEPHONES

AUTHORITY:

Tex. Gov't Code§§ 493.006(b), 494.002(a), 495.027, 2170.009
Reference: American Correctional Association Standards 4-4271, 4-4272,
4-4280, and 4-4497

APPLICABILITY: Texas Department of Criminal Justice (TDCJ); excludes privatelyoperated intermediate sanction facilities, pre-parole transfer 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,
"Rules Governing Offender Access to the Courts, Counsel, and Public Officials."
DEFINITIONS:
"Approved Calling List" is a list of names, phone numbers, and addr~sses of adu Its, ages 18 and
older, who have successfully registered to receive phone calls from an eligible offender.
"Call Schedule" is each unit's established time intervals, within operational hours, during which
an eligible offender may have access to the Offender Telephone System (OTS).
"Offender Telephone System" (OTS) is the telephone system installed and maintained by a
telecommunications contractor that has been awarded the service contract with the TDCJ.
"Personal Biometric Identifier" (PB!) is a method of identification based on the use of biological
properties, such as fingerprints, retina scans, and voice recognition, to identify a specific
individual.

ED-03.32 (rev. 2)

696-IT-19-25-C021

Page 2 of8

PROCEDURES:
I.

II.

III.

Three methods, based on eligibility criteria, are available for an offender to place
outgoing telephone calls:
A.

A call placed through the OTS;

B.

A collect call placed from a TDCJ-owned telephone; or

C.

Telephone calls placed in accordance with BP-03.81, "Rules Governing Offender
Access to the Courts, Counsel, and Public Officials."

Guidelines for Offender Telephone Calls
A.

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 may result in immediate termination of the
telephone call, suspension of future telephone privileges, and disciplinary action.

B.

Unauthorized contact with a victim or a member of a victim's. family by an
offender is prohibited in accordance with AD-04.82, "Forfeiture of Good Conduct
Time for Contacting a Victim Without Authorization."

C.

Offenders are prohibited from dialing or answering any telephone calls on TDCJowned telephones. In limited circumstances, the warden may designate work
locations where telephones are available to receive calls from or call directly to
the central control picket. When answering a telephone, the offender shall clearly
state, "Offender (name), (department name or location)."

D.

When an offender has sole access to a TDCJ-owned telephone, the telephone shall
be disabled to not allow outgoing telephone calls.

E.

An offender shall not be required to reenroll in the OTS when transferred to a new
unit of assignment.

Procedures for the Offender Telephone System
A.

Eligibility Criteria
Offender access to the OTS shall be validated and initiated by the
telecommunications contractor based on the following eligibility requirements:
l.

Offenders classified as general population Levels I, 2, 3, or 4 or protective
custody Level I shall be authorized to access the OTS.

ED-03.32 (rev. 2)
Page 3 of8

696-IT-19-25-C021

B.

2.

Offenders in a psychiatric inpatient program or Developmental Disabilities
Program shall be allowed access to the OTS in accordance with the
offender's treatment plan.

3.

Eligible offenders in the infirmary shall have access to the OTS .

Ineligible Criteria
I.

Offenders in transient status, prehearing detention, solitary confinement,
cell restriction, or special cell restriction shall not be permitted access to
the OTS, regardless of custody designation.

2.

An offender's access to the OTS may be suspended if the offender is
found guilty of a major disciplinary violation in accordance with the TDCJ

Disciplinary Rules and Procedures for Offenders.
C.

All outgoing calls through the OTS shall be placed using one of the following
methods:
I.

Debit Calls
To complete a call through the OTS using the debit option, funds must be
available in the offender's telephone account. The funds located in the
offender's telephone account may be transferred from the offender's
Inmate Trust Fund (ITF) account by the offender or deposited directly into
the offender's telephone account by the offender's friends and family. An
individual does not have to be on an offender's Approved Calling List to
deposit money in an offender's telephone account. Once funds are placed
in the account, the funds shall become the property of the offender. An
offender may request a refund of the account balance from the
telecommunications contractor after the offender's release from the TDCJ.

2.

Collect Calls
Collect calls may be placed through the OTS and billed directly to the
party called. Pre-paid accounts are available to friends and family
members by contacting the telecommunications contractor.

D.

An offender's telephone account shall be separate from the offender's TTF
account. Funds in an indigent offender's telephone account shall not affect the
offender's indigent status, and the TDCJ shall not seize funds in an offender's
telephone account as the result of a disciplinary action.

E.

Each telephone call shall be automatically terminated after the TDCJ approved
time has been exhausted. The TDCJ may shorten the length of each telephone
call or limit the number of calls to ensure all eligible offenders have an
opportunity to access the OTS.

696-IT-19-25-C021

ED-03.32 (rev. 2)
Page 4 of8

F.

Each eligible offender shall have a PBI which shall be used to access the OTS and
a unique Personal Identification Number to verify the PBI. An exception is an
eligible offender identified by medical as having a hearing impairment, who
would need the voice biometric requirement removed.

G.

Eligible offenders may only call adults listed on the offender's Approved Calling
List once the person has successfully registered to receive calls from the offender.
Offenders shall not be allowed to speak to any adult not listed on the offender's
Approved Calling List.

H.

Eligible offenders shall have the ability to place calls to the Office of the
Inspector General (OIG) and similar organizations as designated by the
Correctional Institutions Division director or designee. These calls shall be at no
charge to the offender and shall have no impact on the offender's telephone
account balance.

I.

Offenders shall be permitted to call only telephone and post-paid cell phone
numbers within the continental United States and Hawaii.

J.

The OTS shall be located within the dayrooms or living areas of the cell block or
dormitories and other locations as designated by the TDCJ.

K.

The OTS shall be operational between the hours of 7:00 a.m. and 10:00 p.m.,
seven days per week, with the exception of count time or any time dayroom
privileges are suspended due to a unit emergency or lockdown. If the warden
needs to limit access within the operational time of the OTS, written approval to
modify the unit's Call Schedule shall be received from the appropriate regional
director and forwarded to the OTS Coordination Office.

L.

Eligible offenders shall be permitted to place calls to their attorney(s) of record
once the attorney has successfully registered to receive calls from the offender.

M.

All telephone calls placed using the OTS shall be subject to monitoring and
recording, except calls to the offender's attorney(s) of record.
An attorney listed on the offender's Approved Calling List who has not
successfully registered through the attorney registration process will not be
considered the offender's attorney(s) of record. This type of call has no
expectation of privacy during a telephone conversation placed using the OTS, and
these calls shall be subject to monitoring and recording.

N.

All offender complaints and concerns regarding the OTS, other than eligibility
criteria, shall be addressed by submitting an Offender Assistance Request Form to
the telecommunications contractor.
Forms will be provided by the
telecommunications contractor to all facilities where the OTS is available.

0.

The following types of calls and conversations will not be permitted:

ED-03.32 (rev. 2)

696-IT-19-25-C021

Page 5 of 8

I.

Calls to pre-paid cell phones;

2.

Calls to businesses;

3.

International calls;

4.

Forwarded calls;

5.

Three-way calls;

6.

Calls to victims or individuals with whom the court has ordered no
contact;

7.

Conversations with anyone not on the Approved Calling List; and

8.

Placing calls from an offender on speakerphone.

Offenders found having or soliciting these types of calls or conversations shall be
subject to disciplinary action in accordance with the TDCJ Disciplinary Rules and
Procedures for Offenders.
Friends or family members discovered facilitating these types of calls or
conversations may be blocked or removed from the offender's Approved Calling
List. Friends or family members may be blocked by the warden from receiving
calls from the offender for a period of time not to exceed 45 days.
P.

Friends or Family Members Removed from an Approved Calling List
1.

The warden or designee shall send a written notice to the friend or family
member being removed, to include the reason for removal, except in those
instances when disclosure of the reason to the individual would create an
immediate and serious threat to the physical safety or security of staff, the
offender, or other offenders, or jeopardize an ongoing criminal
investigation. In such cases, the reason may be stated as "For the security
and safety of staff, offenders, and the institution or to protect the integrity
of an investigation."

2.

The warden may request approval from the regional director to remove the
friend or family member's name from the offender's Approved Calling
List.

3.

The decision to approve the removal shall be sent to the OTS Coordination
Office in order to update the status of the friend or family member.

4.

An individual removed from an offender's Approved Calling List may
appeal the decision by submitting a written appeal to the Director's
Review Committee within 14 days from the date on the written notice. If

ED-03.32 (rev. 2)
Page 6 of 8

696-IT-19-25-C021

the appeal is denied, the individual may submit another appeal in six
months.
IV.

Calls Placed on TDCJ-Owned Telephone Equipment

A.

B.

Eligibility Criteria
I.

Offenders who are not eligible for the OTS due to custody designation
shall be authorized access to TDCJ-owned telephones designated by the
warden.

2.

Offenders who are eligible for the OTS shall not be authorized access to
TDCJ-owned telephones to contact friends and family members, except in
extraordinary circumstances and at the discretion of the warden.

3.

In order to be eligible to place a call using a TDCJ-owned telephone,
offenders shall not have been found guilty of any major disciplinary
violations within the last 90 days, or 30 days for state jail and substance
abuse felony punishment (SAFP) offenders. Offenders whose medical
condition precludes work and who meet all other requirements shall be
eligible to place a call using a TDCJ-owned telephone.

Request and Approval Procedures
I.

To request a phone call using a TDCJ-owned telephone, offenders shall
submit an Inmate Request to an Official (I-60) for approval by the warden.

2.

If no security concerns exist, offenders in Level I administrative
segregation may request and receive authorization for a telephone call at
the warden's discretion.

3.

Calls placed to an offender's attorney of record or the General Consulate
shall be requested and approved in accordance with BP-03.81, "Rules
Governing Offender Access to the Courts, Counsel, and Public Officials."

C.

Collect calls are permitted for outgoing telephone calls, unless the call is a local
number.

D.

Offenders shall be limited to one telephone call every 90 days, or 30 days for state
jail and SAFP offenders.

E.

Calls placed on TDCJ-owned telephones shall be limited to five minutes in
duration. Should the offender not reach the desired party, the offender may try
one additional number. Calls may be further restricted during high traffic periods,
such as Christmas holidays, when a three minute limit would allow more calls to
be made.

ED-03.32 (rev. 2)

696-IT-19-25-C021

Page 7 of8

F.

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

G.

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

H.

Calls placed on TDCJ-owned telephones shall be dialed and monitored by
authorized security staff 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.

I.

Calls placed on TDCJ-owned 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.

J.

Wardens shall establish unit specific procedures for offender access to TDCJowned telephones, which shall be reviewed by the appropriate regional director.
The procedures shall indicate the location of the phones available for offender use
and the times telephone calls are permitted.

V.

All requests from Jaw enforcement agencies for records or recordings from the OTS shall
be forwarded to and processed by the OIG, in coordination with the Office of the General
Counsel (OGC). All subpoenas received by the TDCJ regarding copies of OTS records
shall be forwarded to and processed by the OTS Coordination Office, in coordination
with the OGC.

VI.

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.

Brad Livingston*
Executive Director

' Signature on file

ED-03.32 (rev. 2
Attachment A
Page 8 of 8

696-IT-19-25-C021

TELEPHONE LOG FOR APPROVED OFFENDER CALLS
MONTH·

UNIT:
DATE
MMIDDIYY

TIME
AM/PM

OFFICER PLACING CALL
(Print First and Last Name)

CALL ACCEPTED I REJECTED

YEAR·

APPROVED BY
(Print Name and Title)

COMMENTS

CALL PLACED TO
(Print Name and Relationship to Offender)

OFFENDER NAME AND TDCJ NUMBER

TELEPHONE NUMBER DIALED
/Area Code) ###..:####

I
DATE
MMIDDIYY

TIME
AM/PM

CALL ACCEPTED I REJECTED

OFFICER PLACING CALL
f Print First and Last Name)

I

APPROVED BY
f Print Name and Title)

I

COMMENTS

I
CALL PLACED TO
(Print Name and Relationship to Offender)

OFFENDER NAME AND TDCJ NUMBER

TELEPHONE NUMBER DIALED
(Area Code) ###..:####

I
DATE
MMIDDIYY

TIME
AM/PM

CALL ACCEPTED I REJECTED

I

OFFICER PLACING CALL
(Print First and Last Name)

APPROVED BY
fPrint Name and Title)

COMMENTS

I
OFFENDER NAME AND TDCJ NUMBER

I

CALL PLACED TO
(Print Name and Relationship to Offended

TELEPHONE NUMBER DIALED
(Area Code) ###..:####

I
DATE
MMIDDIYY

TIME
AM/PM

OFFICER PLACING CALL
(Print First and Last Name)

APPROVED BY
(Print Name and Title)

COMMENTS

I
CALL ACCEPTED I REJECTED

CALL PLACED TO
(Print Name and Relationship to Offender)

OFFENDER NAME AND TDCJ NUMBER

TELEPHONE NUMBER DIALED
jArea Code)###..:####

I
DATE
MMIDDIYY

TIME
AM/PM

CALL ACCEPTED I REJECTED

OFFICER PLACING CALL
(Print First and Last Name)

I

APPROVED BY
fPrint Name and Title)

I
DATE
MMIDDIYY

CALL PLACED TO
(Print Name and Relationship to Offender)

OFFENDER NAME AND TDCJ NUMBER

COMMENTS

TELEPHONE NUMBER DIALED
!Area Code) ###..:####

I
TIME
AM/PM

OFFICER PLACING CALL
(Print First and Last Name)

I

APPROVED BY
(Print Name and Title)

COMMENTS

I
CALL ACCEPTED I REJECTED

OFFENDER NAME AND TDCJ NUMBER

CALL PLACED TO
(Print Name and RelationshilJ to Offender)

TELEPHONE NUMBER DIALED
IArea Codel ###..:####

I

696-IT-19-25-C021

Exhibit J.7

TDCJ OFFENDER TELEPHONE
ACCOUNT WITHDRAWAL AND DEPOSIT PROCESS
This process outlines the necessary requirements to (1) allow the offender to request
withdrawal of any remaining funds in their Telephone Account at the time of their release and
(2) allow the offender to withdraw funds from their Telephone Account and deposit into their
Trust Fund Account.
The requirements for a released offender are:
•
•
•
•
•

•

•

All funds in the offender Telephone Account "belong" to the offender only; access to
these funds by any other parties is prohibited.
Refunds will not be processed until ninety (90) days after the offender is released to
ensure that all charges have been paid.
An offender will have one (1) year from the date of release to claim a refund.
Unclaimed funds from checks that are returned to the Contractor will be turned over to
the State of Texas through the escheat process.
TDCJ will, at the time the offender is released, provide information to the offender on
the process to apply for a withdrawal of remaining Telephone Account funds. This is
necessitated by the need to provide more detailed instructions to offenders that do not
have access to the Internet.
The released offender's request for withdrawal of remaining funds from their
Telephone Account will be submitted on the Texas Offender Telephone Account
Withdrawal Request form, and must contain the offender's name, TDCJ number,
release date, USPS address, telephone contact number (if available), e-mail address
(if available), date of birth and any authorized Personal Access Number (PAN) number
(if available, if not available, offender release must be confirmed by TDCJ) that was
approved at the time of release. The form may be computer-generated or handwritten,
but must be legible to be accepted.
The completed form will be mailed to the Contractor by the offender.

The requirements for an incarcerated offender are:
•

•
•
•

TDCJ offenders may fund their own telephone conversations by purchasing access
time through the unit commissary using their Trust Fund Account and will receive a
receipt from the commissary. The Commissary and Trust Fund Department will
electronically transfer the amount purchased by the offender to the Contractor.
The offender's friends and family can deposit funds directly into the offender's
Telephone Account.
All funds in the offender's Telephone Account "belong" to the offender only; access to
these funds by any other parties is prohibited.
The incarcerated offender's request for withdrawal of funds from their Telephone
Account will be submitted via a letter, 1-60, or an OTS form.

Page 1of3

696-IT-19-25-C021
•

•

•

Exhibit J.7
If an offender's Telephone Account has less than the requested withdrawal amount
available, the Contractor will withdraw and deposit the total available amount into the
offender's Trust Fund Account.
Upon receipt of a request for withdrawal of Telephone Account funds, the Contractor
will prepare a check made payable to TDCJ Inmate Trust Fund or Private Facility
Contractor with a notation that references for the benefit of (FBO) and includes the
offender's TDCJ (PIN) number. This check will be treated as any other Trust Fund
deposit.
The Contractor will deliver any Telephone Account withdrawal checks to the TDCJ
Commissary and Trust Fund Department or Private Facility Contractor.

TDCJ's Processes
The TDCJ will provide a "Release File" to the Contractor each business day.
The Contractor file will contain, at a minimum, the following elements:
•
•
•
•
•

Offender State Identification (SID) Number;
Offender TDCJ number;
Offender Name (First/Last/Middle in separate fields);
Offender Release Date; and
Offender Date of Birth.

The Contractor's Processes
The process to validate the request from a released offender is:
•
•
•

Is the TDCJ number (will need to cross-reference with the SID) on the Contractor's
Telephone Account Refund table?
Was the request received between ninety (90) and three hundred and sixty five (365)
days after the offender's release date?
Does the Date of Birth (DOB) and Personally Allowed Number (PAN) match with our
control files?

If the answers to the above questions are all "Yes", a refund will be processed and mailed to
the requestor. If the answer to any of the questions is "No", the request will be rejected, and
the requestor will be notified by mail of the reason for the rejection.
The Contractor will audit the TDCJ Release File against the daily "Telephone Account
Refund" files, verify that the funds transferred balance to the daily Telephone Account Refund
file, and reconcile any discrepancies.
The process to validate the request from an incarcerated offender is:
•

Was the request submitted on an 1-60 or OTS form?

Page 2of3

696-IT-19-25-C021

•
•

Exhibit J.7
Was the 1-60 or OTS form legible?
Is the offender still incarcerated (verify with OTS Coordination Office)?

If the answers to the above questions are all "Yes", a check will be issued and delivered to
the TDCJ Commissary and Trust Fund Department.
Performance Reporting

The Contractor shall provide a performance report that shows the number of requests and
the amount of time to process each request (for both released and incarcerated offenders) on
a monthly basis. The report must be received by the OTS Coordination Office by the 15th of
each month. The Contractor will have a maximum of fifteen (15) calendar days from date of
receipt to complete each incarcerated offender request.

Page 3 of 3

696-IT-19-25-C021

ATTENDANCE
Exhibit J.8

Site Pre-Dig Safety Meeting
Unit:

Date :

Locations:

Required Topics to be Discussed:
Location of water, electrical, and natural gas shut-off valves or disconnects.
Location of fire extinguishers.
Emergency procedures.
Contact information for questions/assistance.
Approximate location of known buried water, wastewater, electrical, natural gas,
communication and camera lines within the identified construction area.

Name:

Representing:

Page 1 of 1

696-IT-19-25-C021

Sample of Standard Reports
Exhibit J.9

Frequency

Due date

Attorney Quarterly Audit

Quarterly

1/20,4/20, 7/20, 10/20

Bandwidth Report

Monthly

15th

Commission Report (emessaging)

Monthly

20th

Commission Report (OTS)

Monthly

20th

Consumables Report

Quarterly

7th

Friends/Family & Offender Requests for Assistance Log

Monthly

7th

Installation and Activation of Additional Workstations

Quarterly

7th

Land Lines Ported to a Cell/ Blocked Report

Monthly

7th

Monthly Statistical Report

Monthly

7th

Offender Calling Patterns (Top 100 offenders)

Monthly

7th

Phones Used at Maximum Level 5-10pm

Monthly

20th

PM Report

Monthly

20th

Service Ticket Report meeting (OTS)

Monthly

20th

Service Ticket Report meeting (JPay)

Monthly

20th

Service Ticket Report meeting (SCBS)

Monthly

20th

Supervised Enrollment Report

Monthly

7th

TDCJ Commissary Refunds Report

Monthly

15th

TDCJ Released Offender Telephone Account Requested Refund Report

Monthly

15th

Top 10 Numbers Called Agency-Wide

Monthly

20th

Vacancy Report - Managed Access

Monthly

Vacancy Report - OTS

Monthly

7th
7th

Network Spikes

Monthly

7th

Lockdown Days

Monthly

7th

Friends and Family Enrollment Report

Monthly

7th

Approved Calling List Audit

Monthly

7th

1-10 Over 1,000 minutes

Monthly

Jlh

Active PAN Report

Monthly

New Attorney

Monthly

11th, 21st, last day of the
month
pt

Page 1of1

696-IT-19-25-C021

Section K

SECTION K- REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
PROPOSERS

K.1

HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

K.1.1

Definition
A. "Historically Underutilized Business (HUB)" means an entity with its principal place of
business in this state that is:
1. A corporation formed for the purpose of making a profit in which fifty-one percent (51 %)
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
actively participate in the corporation's control, operation and management;
2. A sole proprietorship created for the purpose of making a profit that is completely owned,
operated and controlled by an economically disadvantaged Person;
3. A partnership formed for the purpose of making a profit in which fifty-one percent (51 %)
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;
4. A joint venture in which each entity in the venture is a HUB, as determined under another
paragraph of this subdivision; or
5. A supplier contract between a HUB as determined under another paragraph of this
subdivision, and a prime Proposer under which the HUB is directly involved in the
manufacture or distribution of the goods or otherwise warehouses and ships the goods.
B. "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, Native Americans and
Service Disabled Veterans, who has suffered the effects of discriminatory practices or other
similar insidious circumstances over which the Person has no control.

K.1.2 HUB Representation
The Proposer represents and certifies as part of its proposal that it [ ] is, or [ X] is not, a HUB
certified by the Texas Statewide Support Services Division.

K.2

CHILD SUPPORT REPRESENTATION
A. Under Texas Family Code, Section 231.006, a child support obliger who is more than thirty
(30) Days delinquent in paying child support and a business entity in which the obliger is a
sole proprietor, partner, shareholder or owner with an ownership interest of at least twentyfive percent (25%) is not eligible to receive payments from State funds under a contract to
provide property, materials or Services.

Page 73 of 82

696-IT-19-25-C021

Section K

B. 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 Texas Family Code, Section 231.006.
Check ONE:
X

Proposer DOES NOT 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 Texas Family Code, Section 231 .006.

_ _ _ _ Proposer 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 Texas Family Code, Section 231.006.
FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy
Act. Texas Family Code Section 231 .006 requires a bid or an application for a contract, grant,
or loan paid from state funds to include the name and social security number of the individual or
sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25
percent of the business entity submitting the bid or application . The Social Security number(s)
will be kept confidential and only disclosed in accordance with Texas Family Code Section
231.302.

Print Name

SSN

Print Name

SSN

Print Name

SSN

Print Name

SSN

The Proposer certifies that the individual or business entity named in this proposal is not
eligible 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 Proposer represents and certifies, as part of its proposal that it is not currently delinquent
in the payment of any franchise tax owed the State of Texas.

K.4

TYPE OF BUSINESS ORGANIZATION
The Proposer, by checking the applicable box, represents that:
A. It operates as [ X ] a corporation incorporated under the laws of the State of Florida, [ ] an
individual, [ ] a partnership, [ ] a nonprofit organization or [ ] a joint venture; or

B. If the Proposer is a foreign entity, it operates as [ ] an individual, [ ] a partnership, [ ] a
nonprofit organization, [ ] a joint venture, or [ ] a corporation , registered for business in
____ (country) .

Page 74 of 82

Section K

696-IT-19-25-C021
K.5

PREFERENCE CLAIM

K.5.1

In accordance with Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D,
Division 2, Rule 20.306, the Proposer 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 proposal show a right to the preference.
Source and Specification Preferences
___ Products of Persons with mental or physical disabilities.
___ Products made of recycled, remanufactured, or environmentally sensitive materials
including recycled steel.
___ Energy efficient products.
___ Rubberized asphalt paving material.
___ Recycled motor oil and lubricants.

K.5.2 Tie-Bid Preferences
___ Goods produced or offered by a Texas bidder that is owned by a Texas Resident
Service Disabled Veteran.*
___ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas
Resident Service Disabled Veteran.*
___ Agricultural products produced or grown in Texas.
___ Agricultural products or services offered by Texas bidders.*
___ Services offered by a Texas bidder that is owned by a Texas Resident Service
Disabled Veteran.*
___ Services offered by a Texas bidder that is not owned by a Texas Resident
Service Disabled Veteran.*
___ Texas Vegetation Native to the Region .
___ 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.
___ 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) .
*By signing this proposal, the Proposer certifies that if a Texas address is shown as the address
of the Contractor, the Contractor qualifies as a Texas Resident Bidder as defined in Texas
Government Code, Section 2155.444(c).
K.6

REPRESENTATIONS OF PROPOSER
The Proposer represents and warrants to and for the benefit of the Department, with the intent
that the Department will rely thereon for the purposes of entering into this Contract, as follows:

K.6.1

Organization and Qualification
If the Proposer operates as a corporation incorporated under the laws of any state outside
Texas, it is duly qualified to do business as a foreign corporation in good standing in Texas.

Page 75 of 82

696-IT-19-25-C021

Section K

K.6.2 Authorization

This Contract has been duly authorized, executed and delivered by the Proposer and, assuming
due execution and delivery by the Department, constitutes a legal, valid and binding agreement
enforceable against the Proposer 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 Proposer 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 Proposer or any of its properties, except any such conflict,
breach, or default which would not materially and adversely affect the Proposer'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 Proposer.
K.6.4 No Defaults under Agreements

The Proposer 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 Proposer 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 Proposer's ability to perform its obligations under this Contract.
K.6.5 Compliance with Laws

Neither the Proposer nor its officers and directors purporting to act on its behalf have been
advised or have reason to believe that the Proposer 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 Proposer 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 Proposer's ability to perform its obligations under this Contract.
K.6.6

No Litigation

A. The Proposer certifies that there is not now pending, or to its knowledge threatened, any
action, suit or proceeding to which the Proposer, 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 the Proposer's ability to perform its obligations under this Contract, or any such
action, suit or proceeding related to environmental or civil rights matters.
B. The Proposer further certifies that no labor disturbance by the employees of the Proposer
exists or is imminent which may be expected to materially and adversely affect the
Proposer's ability to perform its obligations under this Contract.
C. Prior to the Department making an award of this Contract, the Department may require
Proposers being considered for the award to recertify the representations set forth above.

Page 76 of 82

696-IT-19-25-C021

Section K

The Department, in its sole discretion, may disqualify any Proposer that in the opinion of the
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 the Proposer's ability to
perform its obligations under this Contract.
D. During the term of this Contract, to include extensions hereof, the Proposer shall notify the
Department in writing within five (5) Days of the Proposer having received knowledge of any
actions, suits or proceedings filed against the Proposer, or any of its employees, or to which
the Proposer, 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 the Proposer's ability to perform its
obligations under this Contract;
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 the
Proposer'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 Proposer's ability to perform its obligations under this
Contract; and
4. The Contractor shall provide in writing, to the Contract Specialist, a quarterly report listing
litigation identified in the above requirements.
K.6.7 Taxes

A. The Proposer has filed all necessary federal, state and foreign income and franchise tax
returns and has paid all taxes as shown to be due thereon .
B. The Proposer has no knowledge of any tax deficiency which has been or might be asserted
against it and which would materially and adversely affect the Proposer's ability to perform
its obligations under this Contract.
C. The Contractor represents and warrants that it shall pay all taxes or similar amounts resulting
from this Contract, including, but not limited to, any federal, state, or local income, sales or
excise taxes of Contractor or its employees.
K.6.8

Financial Statements

A. The Proposer 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:
1. Audited balance sheet;
2. Statement of income; and
3. Any changes in financial positon of the company.
B. This statement fairly presents the financial position of the Proposer at the date shown and
the results of its operations for the period covered, and has been prepared in conformity with
GAAP applied on a consistent basis, except as discussed in the notes to the financial
statement.

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696-IT-19-25-C021

K.6.9

Section K

No Adverse Change
Since the date of the Proposer'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 Proposer from that reflected in such
balance sheet which is material to the Proposer'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 the
Proposer 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 Proposer prior to the date
hereof.

K.6.11 No Collusion
A. The Proposer represents and certifies its employees, agents and representatives have not
and shall 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 the Proposer engaged to
assist it with respect to such response or submission.
8. Neither the Proposer nor the firm, corporation, partnership, or institution represented by the
Proposer, or anyone acting for such firm, corporation or institution has violated the antitrust
laws of this state, federal antitrust laws, nor communicated directly or indirectly the offer
made to any competitor or any other Person engaged in such line of business.

K.6.12 Ethics
K.6.12.1

Conflict of Interest
Pursuant to Texas Government Code, Section 572.051, any individual who interacts with
public purchasers in any capacity is required to adhere to the guidelines established. Texas
Government Code, Section 572.051, outlines the ethical standards required of State officers
and employees who interact with public purchasers in the conduct of State business.
Specifically, a Department employee may not have an interest in, or in any manner be
connected with a contract or proposal 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 the Department or purchasers of other State Agencies.

K.6.12.2

Disclosure of Interested Parties
In accordance with Texas Government Code, Section 2252.908, a governmental entity or
State agency may not enter into a contract valued at $1,000,000.00 or greater with a
business entity unless the business entity, in accordance with Texas Administrative Code,
Title 1, Part 2, Chapter 46, Rules 46.1, 46.3 and 46.5, submits a disclosure of interested

Page 78 of 82

696-IT-19-25-C021

Section K

parties to the governmental entity or State Agency at the time the business entity submits
the signed Contract to the governmental entity or State Agency.
The disclosure of interested parties must be submitted on a form, and in a manner,
prescribed by the Texas Ethics Commission. The Disclosure of Interested Parties Form
(Form
1295)
and
instructions
may
be
found
at:
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.
K.6.12.3

No Gratuities
The Proposer represents that it 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 Texas Government Code, Section 2155.004, the Proposer has not received
compensation for participation in the preparation of the specifications for this proposal. Under
Texas Government Code, Section 2155.004, the Proposer 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 and Payment withheld if this
certification is inaccurate.
K.6.14 Contracting with Executive Head of State Agency
A. The Proposer 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.

B. If Texas Government Code, Section 669.003 applies, the Proposer shall complete the
following information in order for the proposal to be evaluated:
Name of Former Executive:
Name of State Agency:
Date of Separation from State Agency: - - - - - - - - - - - - - -- - - Date of Employment with Proposer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

K.6.15 Limitation on Employment of Former State Officers
The Proposer represents that they are in compliance with Texas Government Code, Section
572.069 relating to employment of a former State officer or employee. A former State officer or
employee of the Department who during the period of state service or employment participated
on behalf of the Department on a procurement or contract negotiation involving a business entity
may not accept employment from that business entity before the second anniversary of the date
the officer's or employee's service or employment with the Department ceased.

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696-IT-19-25-C021

Section K

K.6.16 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.6.17 Suspension, Debarment and Terrorism
The Department is federally mandated to adhere to the directions provided in the President's
Executive Order (EO) 13224, Executive Order 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
System
for
Award
Management
(SAM),
https://www.sam.gov, which is inclusive of the United States Treasury's Office of Foreign Assets
Control (OFAC) Specially Designated National (SON) list.
K.6.18 Prohibition of a State Agency Contracting With Companies that Boycott Israel
Contractor certifies that they are in compliance with Chapter 2270 of the Government Code
relating to the prohibition of a state agency contracting with companies that boycott Israel or
boycotts Israel during the term of the Contract. 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 and Payment withheld if this
certification is inaccurate.
K.6.19 Prohibition of a State Agency Contracting With Companies Engaged in Business with
Iran, Sudan, or Foreign Terrorist Organizations
Contractor certifies that they are in compliance with Chapter 2252.152 of the Government Code
relating to the prohibition of a state agency contracting with companies that are engaged in
business with Iran, Sudan, or foreign terrorist organizations. 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 and Payment
withheld if this certification is inaccurate.
K.6.20 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 Texas Government Code, Section 2261.053, a State Agency may not accept a
proposal or award a contract, including a contract for which purchasing authority is delegated to
a State Agency, that includes proposed financial participation by a Person who, during the five
(5) year period preceding the date of the proposal 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 Texas Government Code, Section 2261.053, 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 and
Payment withheld if this certification is inaccurate.

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696-IT-19-25-C021

Section K

K.6.21 Deceptive Trade Practices; Unfair Business Practices
The Contractor represents and warrants that it has not been the subject of allegations of
Deceptive Trade Practice violations under Texas Business and Commerce Code, Chapter 17,
or allegations of any unfair business practice in any administrative hearing or court suit and that
the Contractor has not been found to be liable for such practices in such proceedings. The
Contractor certifies that it has no officers who have served as officers of other entities who have
been the subject of allegations of Deceptive Trade Practice 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 Proposer with the intent
that the Proposer will rely thereon for the purposes of entering into this Contract as follows:

K. 7.1

Authorization
The Department has the requisite power to enter into this Contract and perform its obligations
thereunder 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
Department or any of its properties, except any such conflict, breach or default which would not
materially and adversely affect the Department's ability to perform its obligations under this
Contract.

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 Proposer of providing such
Services, which has not been accurately set forth in this Contract or otherwise accurately
disclosed in writing to the Proposer by the Department prior to the date hereof.

K.8

AUTHORIZED NEGOTIATORS
The Proposer represents that the following Persons are authorized to negotiate on its behalf
with the Department in connection with this Request for Proposal (RFP): (list names, titles and
telephone numbers of the authorized negotiators).
Paul Cooper, VP/GM (913) 353-7388
Barry Brinker, VP National Operations

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696-IT-19-25-C021
K.9

Section K

PAYEE IDENTIFICATION NUMBER
The Payee Identification Number is the taxpayer number assigned and used by the Comptroller
of Public Accounts of Texas. The Proposer shall provide its Payee Identification Number in the
space provided below. If this number is not known, the Proposer shall provide the Federal
Taxpayer Identification Number.
Payee Identification Number: _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ or
Federal Taxpayer Identification Number: 59-3268090

K.10

POINT OF CONTACT
The Proposer shall provide the name, title, phone number, fax number, address and e-mail
address of a point of contact for questions concerning the submitted proposal.
Name: Terence Clair

Title: TDCJ Program Manager

Phone Number: (936) 355-3306

Fax Number: (720) 264-8121

Street Address: c/o Brittin Schavey, 11921 N Mo Pac Expressway #100
City: Austin

State : TX

Zip Code: 78759

E-mail Address: terence .clair@centurylink.com
K.11

CERTIFICATION
To be completed by the Proposer: (The Proposer must check or complete all 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 Proposer.
The Proposer makes the foregoing Representations and Certifications as part of its proposal.
Centurylink
Name of Proposer

696-IT-18-P014
Solicitation No .

. ~ c.-S:>CL,

£.

Signature of Authorized Individual

!1.!: I2PI 1'if'

Date

Paul Cooper
Typed Name of Authorized Individual
Note: The penalty for making false statements shall void the submitted proposal or any resulting
Contracts, and the Proposer shall be removed from all bid lists.

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