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AR Contract Extension with GTL 2012-2014

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State of Arkansas
OFFICE OF STATE PROCUREMENT
1509 West Seventh Street, Room 300 72201·3966
Little Rock, Arkansas
501·324·9316
TERM CONTRACT AWARD

THIS IS A TERM CONTRACT ISSUED BY THE OFFICE OF STATE PROCUREMENT. THIS IS NOT
AUTHORITY TO SHIP. A SEPARATE PURCHASE ORDER WILL BE ISSUED. THIS CONTRACT
CONSTITUTES ACCEPTANCE OF YOUR PROPOSAL ALONG WITH ALL TERMS AND
CONDITIONS THEREIN AND SIGNIFIES THE OFFERER'S KNOWLEDGE AND ACCEPTANCE OF
ALL TERMS AND CONDITIONS SET FORTH WITHIN THE REQUEST FOR PROPOSAL.

===========================================================================
BUYER: Jared Chaney

CONTRACT/BID NO.: SP·07·0002

===========================================================================
DESCRIPTION:
INMATE COLLECT PHONE SYSTEM
CONTRACT PERIOD: FEBRUARY 15, 2012 THROUGH FEBRUARY 14, 2014 WITH NO OPTION TO
RENEW

===========================================================================
CONTRACT VALUE: N/A
COMMODITY CLASS(ES): N/A
PURCHASE REQUEST NO.: TO BE ISSUED BY AGENCY
AGENCY CONTACT/PHONE: TERESA FUNDERBURG (870)8508511
DELIVERY REQUIREMENTS: AS IDENTIFIED IN REQUEST FOR PROPOSAL

===========================================================================
PRICES ARE F.O.B. DESTINATION, INSIDE DELIVERY, UNLESS OTHERWISE SPECIFIED.

CONTRACT AWARD TO:
GLOBAL TEL "LINK
2609 CAMERON STREET
MOBILE, AL 36607

CONTACT NAME: Rick Ferguson
TELEPHONE NO.: 888·270·7821
FAX NO.: 800·941·1062
VENDOR NO.: N/A
FEDERAL 1.0. NO.: 63·1071001

STATE OF ARKANSAS OFFICE OF STATE PROCUREMENT

~6~~

BY: _ _ _ _ _ _ _ _ _ _ _ __

Arkansas Department of Correction

Procurement/Accounts Payable
P.O. Box 6408
Pine Bluff, Arkansas 71611
Phone: (870) 850-8610
Procurement Fax: (870) 850-8488
AlP Fax: (870) 850-8490
www.arkansas.gov/doc

December 28, 2011

Ms. Jane Benton, Director
Office of State Procurement
1509 West ,.~ Street, Suite 300
Little Rock, AR 72201
RE:

Renewal Contract #SP-07-0002
Inmate Collect Phone System
Global Tel*Llnk

Dear Ms. Benton:
The above referenced contract Is scheduled to expire February 14, 2012; however, it has an option to
renew for two additional years through February 14, 2014. Please be advised that the Arkansas
Department of Correction and Global Tel·lInk (GTL) mutually agree to extend this contract for the
remaining two years through February 14, 2014.
In addition to this contract renewal, GTL has agreed to supply ADC, at no additional cost or deduction of
commissions, with the below listed product enhancements to the system currently provided:
•
•

A license for the CaUIU Software for the Lazerphone System and associated hardware (server), .
and
Five (5) wolfhound Call Detect devices (with training and warranty included)

At the expiration of this contract on February 14, 2014, these products become the property of ADe.
Attached Is email correspondence from GTL agreeing to the additional equipment along with a current
Contract and Grant Disclosure and Certification Form.
Thank you in advance for your favorable consideration In this request. Please feel free to contact me If
additional Information is needed.
Sincerely,

,~~~
Teresa Funderburg
Procurement Manager
cc:

,~,

Sheila Sharp, Deputy Director/Admin Svcs
Robin Miller, Contract Buyer
An Equal Opportunity EII¥'loyer

'.'

Arkansas Department of Community Correction
Two UDion National Plaza Building
105 West Cnpitol, 2rui Floor
Little Rock, Arkansas 72201-5731
(501) 682-9510

Fax: (501) 682-9538

(lSef1Jlce with ExcetiellcI and
illteglity'J

MEMORANDUM
TO:

Board of Corrections

FROM:

Rick Hart, Deputy Director of Residential Services

RE:

Proposed telephone contract

DATE:

January 3, 2007

You will recall that at the November 2006 meeting, I reported that the inmate telephone RFP
review committee recommended awarding the inmate telephone contract to Global Tel Link. At
that time, you asked that we contact Global Tel Link to begin negotiations for rates to be
included in the contract.
The GTL commission offer of 55% was contingent on the following rates:
Interstate
Surcharge
Per Minute

$3.95
$0.89

IntraLATA
$3.00
$0.24

InterLATA
$3.00
$0.24

Local
$3.00
$0.24

Example: Cost for a IS-minute local call- $6.60 before applicable taxes.

"We prolJlde opportunitiesfor po8ltlve change. "

The following are options from the above for Board Consideration:
Option A:

50.75% Commission - 25% Reduction in Per Minute Cost
Interstate

Surcharge
Per Minute

$3.95
$0.67

IntraLATA
$3.00
$0.18

InterLATA
$3.00
$0.18

Local
$3.00
$0.18

Example: Cost for a IS-minute local call· $5.70 before applicable taxes
OptionB:

45% Commission - 50% Reduction in Per Minute Cost
Interstate

Surcharge
Per Minute
Example:

$3.95
$0.45

IntraLATA
$3.00
$0.12

InterLATA
$3.00
$0.12

Local
$3.00
$0.12

Cost for a 15·minute local call· $4.80 before applicable taxes

Both ADC and DCC recommend Option B, which would provide a significant decrease in the
costs for inmate families. Under the current contract with MCI, we receive 51% commission on
all calls, and while our annual revenues may decrease, we believe this would be a good faith
effort to reduce the financial burden on inmate families.

"We provide opportunltin for positive challge. II

TERM AWARD TERMS AND CONDITIONS

1.

GENERAL: All terms and conditions stated in the invitation for bid govern this contract.

2.

PRICES: Prices are firm and not subject to escalation, unless otherwise specified in the invitation
for bid.

3.

DISCOUNTS: All cash discounts offered will be taken if earned.

4.

TAXES: Most state agencies must pay state sales tax. Before billing, the contractor should
contact the ordering agency to find out if that agency must pay sales tax. Itemize state sales tax
when applicable on invoices.

5.

BRAND NAME REFERENCES: The contractor guarantees that the commodity delivered is the
same as specified in the bid.

6.

GUARANTY: All items delivered are to be newly manufactured, in first- class condition, latest
model and design, including, where applicable, containers suitable for shipment and storage
unless otherwise indicated in the bid invitation. The contractor guarantees that everything
furnished hereunder will be free from defects in design, workmanship, and material; that if sold by
drawing, sample or specification, it will conform thereto and will serve the function for which
furnished. The contractor further guarantees that if the items furnished hereunder are to be
installed by the contractor, such items will function properly when installed. The contractor also
guarantees that all applicable laws have been complied with relating to construction, packaging,
labeling, and registration. The contractor's obligations under this paragraph shall survive for a
period of one year from the date of delivery, unless otherwise specified in the inVitation for bid.

7.

AWARD: This contract award does not authorize shipment. Shipment against this contract is
authorized by the receipt of a purchase order from the ordering agency. A written purchase order
mailed or otherwise furnished to the contractor results in a binding obligation without further action
by either party.

8.

DELIVERY: The term of the contract is shown on the face of the contract award. The contractor is
required to supply the state's needs during this term. The number of days required to place the
commodity in the receiving agency's deSignated location under normal conditions is also shown.
Consistent failure to meet delivery without a valid reason may cause removal from the bidders' list
or suspension of eligibility for award.

9.

BACK ORDERS OR DELAY IN DELIVERY: Back orders or failure to deliver within the time
required may be default of the contract. The contractor must give written notice to the Office of
State Procurement and ordering agency of the reason and the expected delivery date. If the
reason is not acceptable, the contractor is in default. The Office of State Procurement has the
right to extend delivery if reasons appear valid. If the date is not acceptable, the agency may buy
elsewhere.

10.

DELIVERY REQUIREMENTS: No substitutions or cancellations are permitted without written
approval of the Office of State Procurement. Delivery shall be made during agency work hours
only, 8:00 a.m. to 4:30 p.m., unless prior approval for other delivery has been obtained from the
agency. Packing memoranda shall be enclosed with each shipment.

11.

STORAGE: The ordering agency is responsible for storage if the contractor delivers within the
time required and the agency cannot accept delivery.

12.

DEFAULT: All commodities furnished will be subject to inspection and acceptance of the ordering
agency after delivery. Default in promised delivery or failure to meet specifications authorizes the
Office of State Procurement to cancel this contract or any portion of same and reasonably
purchase commodities elsewhere and charge full increase, if any, in cost and handling to the
defaulting contractor.

13.

VARIATION IN QUANTITY: The state assumes no liability for commodities produced, processed
or shipped in excess of the amount specified herein.

14.

INVOICING: The contractor shall submit an original and two copies of an itemized invoice showing
the bid number and purchase request number when itemized in the invitation for bid. Invoices

must be sent to "Invoice to" point shown on the purchase order.
15.

STATE PROPERTY: Any specifications, drawing, technical information, dies, cuts, negatives,
positives, data or any other commodity furnished to the contractor hereunder or in contemplation
hereof or developed by the contractor for the use hereunder shall remain property of the state, be
kept confidential, be used only as expressly authorized, and be returned at the contractor's
.
expense to the F.O.B. point, properly identifying what is being returned.

16.

ASSIGNMENT: This contract is not assignable nor the duties hereunder delegable by either party
without the written consent of the other party to the contract.

17.

OTHER REMEDIES: In addition to the remedies outlined herein, the contractor and the state have
the right to pursue any other remedy permitted by law or in equity.

18.

LACK OF FUNDS: The state may cancel this contract to the extent funds are no longer legally
available for expenditures under this contract. Any delivered but unpaid for goods will be returned
in normal condition to the contractor by the state. If the state is unable to return the commodities in
normal condition and there are no funds legally available to pay for the goods, the contractor may
file a claim with the Arkansas Claims Commission. If the contractor has provided services and
there are no longer funds legally available to pay for the services, the contractor may file a claim.

19.

QUANTITIES: The state may order more or less than the estimated quantity in the invitation for
bid.

20.

DISCLOSURE: Failure to make any disclosure required by the Governor's Executive Order 98-04,
or any violation of any rule, regulation, or policy adopted pursuant to that order, shall be a material
breach of the terms of this contract. Any contractor, whether an individual or entity, who fails to
make the required disclosure or who violates any rule, regulation, or policy shall be subject to all
legal remedies available to the agency.