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R E QUE ST F OR PR OPOSA L S (R F P)
I NM A T E PA Y PH ONE E QUI PM E NT
A ND SE R V I C E S
SOLICITATION NUMBER: DPSCS Q0013001
(including Addenda #1-3)
Department of Public Safety and Correctional Services
Office of the Secretary
Department of Public Safety and Correctional Services
Office of the Secretary
Issue Date: July 12, 2012
NOTICE:
Potential Offerors who have received this document from the Department of Public Safety and Correctional
Services’ web site or eMarylandMarketplace.com, or who have received this document from a source other
than the Procurement Officer, and who wish to assure receipt of any changes or additional materials related to
this RFP, should immediately contact the Procurement Officer and provide their name and mailing address so
that amendments to the RFP or other communications can be sent to them.
Minority Business Enterprises are Encouraged to Respond to this Solicitation
STATE OF MARYLAND
NOTICE TO VENDORS/CONTRACTORS
In order to help us improve the quality of State bid solicitations, and to make our procurement process
more responsive and business friendly, we ask that you take a few minutes and provide comments and
suggestions regarding the enclosed solicitation. Please return your comments with your proposal. If
you have chosen not to bid on this contract, please fax this completed form to: 410-339-4240
(Attention: Joselyn Hopkins).
Title: Inmate Payphone Equipment and Services
Solicitation Number: Q0013001
1.
If you have responded with a "no bid", please indicate the reason(s) below:
()
()
()
()
()
()
()
()
()
()
()
Other commitments preclude our participation at this time.
The subject of the Contract is not something we normally provide.
We are inexperienced in the work/commodities required.
Specifications are unclear, too restrictive, etc. (Please Explain in Remarks Section)
The scope of work is beyond our current capacity.
Doing business with Government is simply too complicated. (Please Explain in Remarks Section)
We cannot be competitive. (Explain in Remarks Section)
Time allotted for bid/proposal is insufficient.
Start-up time is insufficient.
Bonding/Insurance requirements are prohibitive.(Explain in Remarks Section)
Bid/Proposal requirements (other than specifications) are unreasonable or too risky. (Explain in
Remarks Section)
()
MBE requirements (Explain in REMARKS section.).
()
Prior experience with State of Maryland contracts was unprofitable or otherwise unsatisfactory.
(Explain in Remarks Section)
()
Payment schedule too slow.
()
Other:
______________________________________________________________________________
2.
If you have submitted a bid or proposal, but wish to offer suggestions or express concerns, please use the
Remarks section below. (Use reverse or attach additional pages as needed.)
REMARKS: _________________________________________________________________________________
____________________________________________________________________________________________
Vendor Name: ______________________________________________________________ Date ___________
Contact Person: ____________________________________________
Phone (_____) ______ - ___________
Address: ____________________________________________________________________________________
ii
KEY INFORMATION SUMMARY SHEET
STATE OF MARYLAND
Request for Proposals
I NM A T E PA Y PH ONE E QUI PM E NT A ND SE R V I C E S
SOL I C I T A T I ON NUMBER Q0013001
RFP Issue Date:
Thursday, July 12, 2012
RFP Issuing Office:
Department of Public Safety and Correctional Services
Office of the Secretary
Procurement Officer:
Joselyn Hopkins
Director Procurement Services
Office Phone: (410) 339-5013
Fax:
(410) 339-4240
E-mail:
jmhopkins@dpscs.state.md.us
Contract Type:
Fixed Price, Revenue Generating, Indefinite Quantity
Proposals are to be sent to:
Department of Public Safety & Correctional Services
300 East Joppa Road, Suite 1000
Towson, MD 21286
Attention: Joselyn Hopkins
Pre-Proposal Conference:
Thursday, July 26, 2012 @ 1:00 PM (Local Time)
Department of Public Safety and Correctional Services
300 East Joppa Road, Conference Room, Suite 1000
Towson, MD 21286
Proposal Due Date and Time:
Wednesday, September 12, 2012 @ 11:00 AM
(Local Time)
NOTE
Potential Offerors who have received this document from the Department of Public Safety and
Correctional Services’ web site or eMarylandMarketplace.com, or who have received this document
from a source other than the Procurement Officer, and who wish to assure receipt of any changes or
additional materials related to this RFP, should immediately contact the Procurement Officer and
provide their name and mailing address so that amendments to the RFP or other communications can
be sent to them.
iii
TABLE OF CONTENTS
SECTION 1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
GENERAL INFORMATION ........................................................................................................6
SUMMARY STATEMENT ............................................................................................................................6
ABBREVIATIONS AND DEFINITIONS ......................................................................................................6
CONTRACT MANAGER ..............................................................................................................................7
PROCUREMENT OFFICER ..........................................................................................................................7
PRE-PROPOSAL CONFERENCE .................................................................................................................8
QUESTIONS...................................................................................................................................................8
USE OF E-MARYLAND MARKETPLACE ..................................................................................................8
PROPOSALS DUE (CLOSING) DATE .........................................................................................................9
DURATION OF OFFERS ...............................................................................................................................9
REVISIONS TO THE RFP .............................................................................................................................9
CANCELLATIONS; DISCUSSIONS............................................................................................................9
INCURRED EXPENSES ............................................................................................................................. 10
ECONOMY OF PREPARATION ................................................................................................................ 10
PROTESTS/DISPUTES ............................................................................................................................... 10
MULTIPLE OR ALTERNATIVE BIDS ...................................................................................................... 10
ACCESS TO PUBLIC RECORDS ACT NOTICE ....................................................................................... 10
OFFEROR’S RESPONSIBILITIES ............................................................................................................. 10
ORAL DISCUSSIONS ................................................................................................................................. 10
MANDATORY CONTRACTUAL TERMS ................................................................................................ 11
VERIFICATION OF REGISTRATION AND TAX PAYMENT ................................................................ 11
BID/PROPOSAL AFFIDAVIT .................................................................................................................... 11
CONTRACT AFFIDAVIT ........................................................................................................................... 11
ARREARAGES ........................................................................................................................................... 11
PROCUREMENT METHOD....................................................................................................................... 11
CONTRACT COMMENCEMENT AND DURATION............................................................................... 11
CONTRACT TYPE ...................................................................................................................................... 14
ELECTRONIC FUNDS TRANSFER .......................................................................................................... 14
CONTRACT EXTENDED TO INCLUDE OTHER NON-STATE GOVERNMENTS OR AGENCIES .. 14
FALSE STATEMENTS ............................................................................................................................... 14
LIVING WAGE REQUIREMENTS ............................................................................................................ 14
PROMPT PAYMENT TO SUBCONTRACTORS...................................................................................... 15
STATE ETHICS LAW .................................................................................................................................. 15
ELECTRONIC PROCUREMENTS AUTHORIZED ................................................................................... 16
SITE VISITS……………………………………………………………………………………………… 17
MINORITY BUSINESS ENTERPRISE………………………………………………………………… 18
SECTION 2
OFFEROR MINIMUM QUALIFICATIONS ............................................................................ 20
SECTION 3
DESCRIPTIONS OF REQUIRED SERVICES/DELIVERABLES ......................................... 21
3.1
3.2
3.3.
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
BACKGROUND ........................................................................................................................................... 21
MANAGEMENT ROLES AND RESPONSIBILTIES………………………………………………… . 21
CONTRACTOR REQUIREMENTS ........................................................................................................... 21
INMATE TELEPHONE AND EQUIPMENT REQUIREMENTS ................................................................ 23
SYSTEM FEATURES .................................................................................................................................. 24
INMATE TELEPHONE RECORDING/MONITORING SYSTEM ............................................................ 24
CALL BRANDING....................................................................................................................................... 24
FRAUD CONTROL……………………………………………………………………………………… 25
SERVICE PROGRAM .................................................................................................................................. 25
CUSTOMER SERVICE…………………………………………………………………………………… 26
IMPLEMENTATION AND INSTALLATION………………………………………………………… 26
PROPOSED SERVICES- MANAGEMENT PLAN……………………………………………………… 27
PERIODIC REPORTS…………………………………………………………………………………….. 28
iv
3.14
3.15
3.16
3.17
3.18
COMMISSION PAYMENTS……………………………………………………………………………… 28
INSURANCE REQUIREMENTS………………………………………………………………………… 28
SERVICE LEVEL AGREEMENT…………………………………………………………………………28
REQUIRED PROJECT POLICIES, GUIDELINES AND METHODOLOGIES………………………… 30
INTERFACING WITH OFFENDER MANAGEMENT SYSTEMS AND OFFENDER FINANCIAL
SYSTEMS…………………………………………………………………………………………………..30
SECTION 4
4.1
4.2
4.3
4.4
4.5
PROPOSAL FORMAT ................................................................................................................ 32
TWO PART SUBMISSION ......................................................................................................................... 32
PROPOSAL .................................................................................................................................................. 32
SUBMISSION ............................................................................................................................................... 32
VOLUME I – TECHNICAL PROPOSAL .................................................................................................... 32
VOLUME II – FINANCIAL PROPOSAL ................................................................................................... 36
SECTION 5 EVALUATION CRITERIA AND SELECTION PROCEDURE.................................................... 37
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
EVALUATION CRITERIA.......................................................................................................................... 37
TECHNICAL CRITERIA ............................................................................................................................. 37
FINANCIAL CRITERIA .............................................................................................................................. 37
RECIPROCAL PREFERENCE .................................................................................................................... 37
SELECTION PROCEDURE ........................................................................................................................ 37
SELECTION PROCESS SEQUENCE.......................................................................................................... 38
FINANCIAL PROPOSAL EVALUATION.................................................................................................. 38
AWARD DETERMINATION ...................................................................................................................... 47
ATTACHMENTS ...................................................................................................................................................... 48
ATTACHMENT A EXAMPLE OF THE STATE’S CONTRACT .................................................................... 49
ATTACHMENT B BID/PROPOSAL AFFIDAVIT ........................................................................................... 57
ATTACHMENT C CONTRACT AFFIDAVIT.................................................................................................. 62
ATTACHMENT D PRE-PROPOSAL CONFERENCE SHEET........................................................................ 66
ATTACHMENT E NAMES AND LOCATIONS OF DPSCS CORRECTIONAL FACILITIES WHERE
INMATE PAYPHONES ARE LOCATED AND THE # OF PAYPHONES AT EACH LOCATIONS ................. 67
ATTACHMENT F CALL HISTORY AND REVENUE JULY 1, 2011-JUNE 30,2012 .................................... 70
ATTACHMENT G LOCAL CALL HISTORY BY LOCATION ....................................................................... 92
ATTACHMENT H LONG DISTANCE CALL HISTORY BY LOCATION .................................................... 93
ATTACHMENT I CALL TYPES AND LOCL ACCESS TRANSPORT AREAS IN MARYLAND………… 94
ATTACHMENT J
LIVING WAGE REQUIREMENTS…………………………………………………… 95
ATTACHMENT K ELECTRONIC FUNDS TRANSFER (EFT) REGISTRATION REQUEST FORM .......... 99
ATTACHMENT L FINANCIAL PROPOSAL FORM INSRUCTIONS ......................................................... 101
ATTACHMENT M FINANCIAL PROPOSAL FORM…………………………………………………… 103
ATTACHMENT N MINORITY BUSINESS ENTERPRISE FORMS……………………………………… 104
v
SECTION 1.
1.1
GENERAL INFORMATION
SUMMARY STATEMENT
The State of Maryland provides local and long distance pay station telephone service for inmates
incarcerated in the Department of Public Safety and Correctional Services’ (DPSCS) Correctional
facilities. The Department of Public Safety and Correctional Services is issuing this Request for
Proposals to obtain a Contractor to establish a revenue generating contract for local and long distance pay
station equipment and services for 25 State correctional facilities.
This RFP defines the requirements for the local equipment and local and long distance payphone services
required by DPSCS. The State of Maryland requires a single Contractor to provide the following:
1.2
•
Pay stations for collect local and long distance calling telephone services and a system to control,
monitor and record the telephone use of the inmates of the DPSCS.
•
Provide both the local and long distance services, and the equipment outlined within this RFP
through its own workforce or with subcontractors.
ABBREVIATIONS AND DEFINITIONS
For the purposes of this RFP, the following abbreviations or terms have the meaning indicated below:
a. Contractor - An entity selected under the procedures contained in this RFP that signs a Contract
with the State.
b. COMAR - Code of Maryland Regulations. (Available on-line at www.dsd.state.md.us).
c. DPDS – Division of Pre-Trial Detention and Services
d. DPSCS (or Department) - Department of Public Safety and Correctional Services
e. FCC - Federal Communications Commission
f. Inmate Pay Stations – Payphones that inmates have access to use for making calls.
g. InterLATA Calls – A call that is placed within one LATA (Local Access Transport Area) and
received in a different LATA.
h. IntraLATA Calls – A call that originates and ends in the same LATA.
i. Issuing Office - Department of Public Safety and Correctional Services/Office of the Secretary
j. LATA- A region predefined by the telephone company and approved by the Federal
Communications Commission.
k. Local Service Area – Geographic area that telephones may call without incurring toll charges. A
flat rate calling area.
l. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland.
m. Long Distance Service. The service needed to complete telephone calls outside the local calling
area at a Public Service Commission and/or Federal Communications Commission approved rate
and excludes IntraLATA services
n. Messages – Quantity (number) of calls made by a pay station
o. MOU – The total minutes of use of a pay station minus the call set-up time.
p. Offeror - an entity that submits a proposal in response to this RFP.
q. PATX - Patuxent Institution
r. Pay Stations - Coin, credit card, collect only, and other telephony equipment authorized by the
State via the resulting contracts and installed by the Contractor to allow the citizens and visitors
to State owned and leased property to access the Public Switched Network. Charges are collected
6
at the pay station by coin, calling card or collect calls.
s. PO - Purchase Order issued by DPSCS.
t. Postalized - Structuring rates or prices so that they are not distance sensitive, but dependent on a
single, per minute rate for a toll call.
u. Procurement Officer - The State representative responsible for this RFP, for the determination of
contract scope issues, and the only State representative who can authorize changes to the contract.
The Procurement Officer for this Request for Proposals is identified in section 1.4.
v. PSC - Public Service Commission
w. RFP - This Request for Proposals for the Maryland Department of Public Safety and Correctional
Services, Solicitation Number Q0013001 dated, Friday, July 13, 2012 including any amendments.
x. SMDR - Station Message Detail Records.
y. State Contract Manager – Individual as identified in Section 1.3 in the RFP, or any successor as
may be named by DPSCS.
z. TGR - Monthly Total Gross Revenue of a pay station for all calls made from payphones before
any deductions are made for surcharges, taxes, etc., which includes both direct revenue and
indirect revenue obtained from external sources, i.e., any source other than the party making the
call such as surcharges on IntraLATA toll calls. This does not include additional charges
unrelated to the call such as surcharges resulting from governmental obligations (FCC taxes or
surcharges).
aa. User Agency - DPSCS that receives the commission payments.
bb. Work Hours - The State of Maryland work hours which are 8:00 am through 5:00 pm Monday
through Friday, excluding State Holidays.
1.3
CONTRACT MANAGER
The individual responsible for day-to-day administration and management of the Contract issued pursuant
to this RFP shall be the Contract Manager identified below:
Carroll Parrish
Division of Correction
7943 Brockbridge Road
Jessup, MD 20794
Office Phone #: (410) 379-3864
Fax #: (410) 333-5163
cparrish@dpscs.state.md.us
DPSCS may change the Contract Manager at any time by notice to the Contractor. Technical direction
shall only come from the Contract Manager.
1.4
PROCUREMENT OFFICER
The sole point of contact in the State for purposes of this RFP, prior to the award of any contract, is the
Procurement Officer at the address listed below:
Joselyn Hopkins
Department of Public Safety & Correctional Services
300 East Joppa Road, Suite 1000
Towson, MD 21286
Office Phone #: (410) 339-5013
7
Fax #: (410) 339-4240
jmhopkins@dpscs.state.md.us
DPSCS may change the Procurement Officer at any time by written notice to the Contractors.
1.5
PRE-PROPOSAL CONFERENCE
A Pre-Proposal Conference (Conference) will be held on Thursday, July 26, 2012 beginning at 1:00 PM,
in the DPSCS Conference Room, Suite 1000, 300 Joppa Road, Towson, MD 21286. All interested
Offerors are encouraged to attend in order to facilitate better preparation of their proposals. In addition,
attendance may facilitate the Offeror’s understanding of RFP requirements.
The Conference will be transcribed. A copy of the transcript of the Pre-Proposal Conference will be made
available to potential Offerors at a nominal charge directly from the transcription company. The identity
of the company and details of how to obtain a transcript copy will be provided at the conference. In
addition, as promptly as is feasible, a summary of the Conference and all questions and answers known at
that time will be distributed, free of charge, to all potential Offerors known to have received a copy of this
RFP.
In order to assure adequate seating and other accommodations at the Conference, it is requested that by
4:00 PM on Wednesday, July 25, 2012 each potential Offeror planning to attend return a Pre-Proposal
Conference Response Form or email Joselyn Hopkins at jmhopkins@dpscs.state.md.us with such notice.
The Pre-Proposal Conference Response Form is included as Attachment D to this RFP. In addition, if
there is need for sign language interpretation and/or other special accommodations due to a disability, it is
requested that at least 5 days advance notice be provided. DPSCS shall make reasonable efforts to
provide such special accommodation.
1.6
QUESTIONS
Written questions from potential Offerors shall be accepted by the Procurement Officer prior to the
Conference. As reasonably possible and appropriate, such questions shall be answered at the Conference.
Questions may be submitted by mail, facsimile, or preferably, by e-mail, to the Procurement Officer.
Questions, both oral and written, shall also be accepted from potential Offerors attending the Conference.
As reasonably possible and appropriate, these questions shall be answered at the Conference.
Questions shall also be accepted subsequent to the Conference. All post-Conference questions should be
submitted in a timely manner to the Procurement Officer only. In case of questions not received in a
timely manner, the Procurement Officer shall, based on the availability of time to research and
communicate an answer, decide whether an answer can be given before the proposal due date. Answers to
all substantive questions that have not previously been answered, and are not clearly specific only to the
requestor, shall be distributed to all potential Offerors who are known to have received a copy of the RFP.
A summary of all questions and answers will be posted on www.emaryland.buyspeed.com and the
Department’s website (www.dpscs.state.md.us).
1.7
USE OF E-MARYLAND MARKETPLACE
“E-Maryland Marketplace” is an electronic commerce system administered by the Maryland Department
8
of General Services. In addition to using the DPSCS web site (www.dpscs.state.md.us) and other means
for transmitting the RFP and associated materials, the solicitation and minutes of the Pre-Proposal
conference, Offeror questions and the Procurement Officer’s responses, addenda and other solicitation
related information will be provided via eMaryland Marketplace. In order to receive a contract award, a
vendor must be registered on eMarylandMarketplace. Registration is free. Go here to register:
https://emaryland.buyspeed.com /. Click on "Registration" to begin the process and follow the prompts.
1.8
PROPOSALS DUE (CLOSING) DATE
An unbound original and five (5) bound copies of each proposal (technical and financial) must be
received by the Procurement Officer, at the address listed in Section 1.6, no later than 2:00 p.m. EDT on
Wednesday, August 15, 2012, in order to be considered. An electronic version (CD) of the Technical
Proposal in MS Word format must be enclosed with the original technical proposal. An electronic
version (CD) of the Financial Proposal in MS Excel format must be enclosed with the original financial
proposal. Ensure that the CDs are labeled with the Date, RFP title, RFP number, and Offeror name and
packaged with the original copy of the appropriate proposal (technical or financial).
Requests for extension of this date or time shall not be granted. Offerors mailing proposals should allow
sufficient mail delivery time to ensure timely receipt at the Procurement Officer's office. Except as
provided in COMAR 21.05.02.10, proposals or unsolicited amendments to proposals arriving after the
closing time and date shall not be considered. Proposals delivered by facsimile or email shall not be
considered.
1.9
DURATION OF OFFERS
Proposals submitted in response to this RFP are irrevocable for 120 days following the closing date of
proposals or of Best and Final Offers (BAFOs), if requested. This period may be extended at the
Procurement Officer's request only with the Offeror's written agreement.
1.10
REVISIONS TO THE RFP
If it becomes necessary to revise this RFP before the due date for proposals, amendments shall be posted
on the DPSCS website and eMarylandMarketPlace.com, and provided to all potential Offerors that were
sent this RFP or otherwise are known by the Procurement Officer to have obtained this RFP.
Amendments made after the due date for proposals will be sent only to those Potential Offerors who
submitted a timely proposal.
Acknowledgment of the receipt of all amendments to this RFP issued before the proposal due date must
accompany the Offeror’s proposal in the Transmittal Letter accompanying the Technical Proposal
submittal. Acknowledgement of the receipt of amendments to the RFP issued after the proposal due date
shall be in the manner specified in the amendment notice. Failure to acknowledge receipt of amendments
does not relieve the Offeror from complying with all terms of any such amendment.
1.11
CANCELLATIONS; DISCUSSIONS
The State reserves the right to cancel this RFP, accept or reject any and all proposals, in whole or in part,
9
received in response to this RFP, to waive or permit cure of minor irregularities, and to conduct
discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best
interests of the State of Maryland. The State also reserves the right, in its sole discretion, to award a
contract based upon the written proposals received without prior discussions or negotiations.
1.12
INCURRED EXPENSES
The State shall not be responsible for any costs incurred by a bidder in preparing and submitting a bid, or
in performing any other activities relative to this solicitation.
1.13
ECONOMY OF PREPARATION
Proposals shall be prepared simply and economically, providing a straightforward, concise description of
how the Offeror proposes to meet the requirements of this RFP.
1.14
PROTESTS/DISPUTES
Any protest or dispute related respectively to this RFP or the resulting contract shall be subject to the
provisions of COMAR 21.10 (Administrative and Civil Remedies).
1.15
MULTIPLE OR ALTERNATIVE BIDS
Multiple and alternate proposals will not be accepted.
1.16
ACCESS TO PUBLIC RECORDS ACT NOTICE
An Offeror should identify those portions of the proposal it considers confidential, proprietary
commercial information or trade secrets, and provide, upon request, justification why such materials, if
requested, shall not be disclosed by the State under the Access to Public Records Act, Title 10, Subtitle 6,
of the State Government Article of the Annotated Code of Maryland. Potential Offerors are advised that,
upon request for information from a third party, the Procurement Officer will be required to make an
independent determination whether the information may be disclosed (see COMAR 21.05.08.01).
1.17
OFFEROR’S RESPONSIBILITIES
The State shall enter into a contractual agreement only with the selected Offeror(s). The selected Offeror(s)
shall be responsible for all services required by this RFP. Subcontractors, if any, must be identified and a
complete description of their role relative to the proposal must be included in the proposal.
1.18
ORAL DISCUSSIONS
Offerors may be required to make oral presentations to State representatives. Significant representations
made by an Offeror during the oral presentation must be reduced to writing. All written representations
will become part of the Offeror’s proposal and are binding if the contract is awarded. The procurement
Officer will notify Offerors of the time and place of oral presentations.
10
1.19
MANDATORY CONTRACTUAL TERMS
By submitting an offer in response to this RFP, an Offeror, if selected for award, shall be deemed to have
accepted the terms of this RFP and the Contract (Attachment A). Any exceptions to this RFP or the
Contract must be clearly identified in the Executive Summary of the Technical Proposal. A Proposal that
takes exception to these terms may be rejected.
1.20
VERIFICATION OF REGISTRATION AND TAX PAYMENT
Before a corporation can do business in the State of Maryland it shall be registered with the Department
of Assessments and Taxation, State Office Building, Room 803, 301 West Preston Street, Baltimore
Maryland 21201. It is strongly recommended that any Offeror complete registration prior to the due date
for receipt of proposals. An Offeror’s failure to complete registration with the Department of Assessments
and Taxation may disqualify an otherwise successful Offeror from final consideration and
recommendation for contract award.
1.21
BID/PROPOSAL AFFIDAVIT
A completed Bid/Proposal Affidavit must accompany all proposals submitted by an Offeror. A copy of
this Affidavit is included as Attachment B of this RFP.
1.22
CONTRACT AFFIDAVIT
All Offerors are advised that if a contract is awarded as a result of this solicitation, the successful
Offeror(s) shall be required to complete a Contract Affidavit. A copy of this Affidavit is included for
informational purposes as Attachment C of this RFP. This Affidavit must be provided within five (5)
business days after notification of proposed contract award.
1.23
ARREARAGES
By submitting a response to this solicitation, an Offeror represents that it is not in arrears in the payment of
any obligations due and owing the State of Maryland, including the payment of taxes and employee benefits,
and that it shall not become so in arrears during the term of the contract if selected for contract award.
1.24
PROCUREMENT METHOD
The contract(s) shall be awarded in accordance with the Competitive Sealed Proposal process under Code
of Maryland Regulations (COMAR) 21.05.03.
1.25
CONTRACT COMMENCEMENT AND DURATION
1.25.1 The Contract that results from this RFP shall commence as of the date the Contract is signed by
the Department following approval of the Contract by the Board of Public Works (“Contract
Commencement”).
1.25.2 From the date of Contract Commencement through December 31, 2012, or a later date contained
11
in a Notice to Proceed issued by the Procurement Officer, the Contractor shall perform start-up
activities such as are necessary to enable the Contractor to begin the successful performance of
Contract activities as of January 1, 2013, or a later date contained in a Notice to Proceed issued
by the Procurement Officer. No compensation will be paid to the Contractor for any start-up
activities it performs between the date of Contract Commencement and the date it initiates the
delivery of Contract Services, on January 1, 2013, or later date as contained in a Notice to
Proceed as issued by the Procurement Officer.
1.25.3 As of January 1, 2013, or later date as contained in a Notice to Proceed issued by the Procurement
Officer (the “Go Live Date”) the Contractor shall perform all activities required by the Contract,
including the requirements of the RFP, and the offerings in the Technical Proposal, for the
commission rates and call rates contained in the Financial Proposal.
1.25.4 The duration of the contract will be from the date of Contract Commencement though December
31, 2015. The State, at its sole option, shall have the right to extend the Contract for up to two (2)
additional, successive one-year terms beyond the initial term. The Contractor will keep its call
surcharges and rates at or below those submitted on its Financial proposal or BAFO (if
applicable) throughout the initial base term (3 years). If the State exercises any renewal option,
the Contractors may adjust its call surcharges and rates as outlined in this section.
A)
Price Adjustment
On January 1, 2016 and again on January 1, 2017, the Contractor shall be entitled to an adjustment to
the call surcharges and rates. At least ninety (90) days prior to December 1 of the above year in question,
the State shall advise the Contractor of the permitted percentage adjustment for each call surcharge and
rate. Assuming the contract begins as expected on January 1, 2013, the first Option Year adjustment shall
be based on the change in the Consumer Price Index from November 2015 to September 2016 (the second
Option Year adjustment will be based on the CPI change from November 2016 to September 2017) as
described in paragraph B below. However, the maximum annual increase for either Option Year shall be
limited to 5% of the call surcharges and rates in effect at the time of the price adjustment.
B)
Consumer Price Index Information
The adjustment shall be calculated by reference to the annual change in the U.S. Department of Labor,
Bureau of Labor Statistics (BLS), the U.S. City Average Consumer Price Index - All Urban Consumers
(“CPI-U”), all items, base period 1996=100, no seasonal adjustment, for the month of October released
approximately mid-month in November. The above information may be located at www.bls.gov.
The adjustment will be calculated as a percentage resulting from the annual change in the index from the
preceding October. An example of the calculation is provided in paragraph 4. Within five (5) business
days of the receipt of the State’s notice of adjustment, the Contractor shall submit a schedule of revised
rates.
In the event that the BLS discontinues the use of the index described in paragraph B (1), adjustments shall
be based upon the most comparable successor index to the CPI. The determination as to which index is
most comparable shall be within the sole discretion of the State.
The following example illustrates the computation of percent change in Option Year 1(assuming that
Option Year starts 01/1/2016:
CPI for October 2016
136.0
12
Less CPI for October 2015
Equals index point change
Divided by October 2015 CPI
Equals
Result multiplied by 100
Equals percent change
129.9
6.1
129.9
.047
0.047 x 100
4.7
For service rates, the U. S. Department of Labor, Bureau of Labor Statistics (BLS), Consumer Price Index
(CPI), All Urban Consumers, Washington-Baltimore, DC-MD-VA-WV, Commodities Less Food, Not
Seasonally Adjusted (Series ID: CUURA311SACL1) shall be used as the basis for a request to adjust
services rates. However, in no event shall the rate increase exceed 5% of the current contract unit price.
The adjustment will be calculated, as a percent of the prior year annual index number increase. The
percent is derived from the difference between the prior calendar year "Annual" index number as
published in the BLS-CPI and the most current year final, not preliminary, monthly index number as
published by the BLS-CPI. The difference is expressed as a percentage of the prior calendar year
"Annual" index number. This factor can only be used to document an increase in cost of service rates.
The contractor must submit with the request: a copy of the proposed renewal rate schedule showing the
current contract services rates; the services rates adjustments as calculated using the BLS-CPI, All Urban
Consumers, Washington-Baltimore, DC-MD-VA-WV, Commodities Less Food, Not Seasonally Adjusted
(Series ID: CUURA311SACL1); and, the proposed renewal contract services rates.
In the event that the BLS discontinues the use of the specific index indicated above or the CPI Index, the
State may consider a request from the contractor for a price adjustment based upon the most comparable
successor index to the CPI up to, but not to exceed, 5% for any renewal period.
For Example:
Consumer Price Index-All Urban Consumers
Series Catalog:
Series ID: CUURA311SACL1
Not Seasonally Adjusted
Area: Washington-Baltimore, DC-MD-VA-WV
Item: Commodities less food
Base Period: DECEMBER 1996=100
Data:
Year Jan
2001 99.8
2002 103.4
Feb
Mar
99.6
107.1
Apr
May
101.1
Jun
Jul
100.8
Aug
Sep
102.6
Oct
Nov
102.8
Dec
Ann
101.3
Most Current Final Index (2001) is 101.3
Most Recent Annual Index (Mar 2020) is 107.1
Difference is 5.8
5.8 divided by 101.3 = 5.7%
Since the resulting factor of 5.7% is larger than 5%, the contractor would be allowed to submit a
5% price adjustment request to the State for that renewal option.
13
1.26
CONTRACT TYPE
The contract type shall be a Fixed Price, Indefinite Quantity contract per COMAR 21.06.03.
1.27
ELECTRONIC FUNDS TRANSFER
By submitting a response to this solicitation, the Bidder agrees to accept payments by electronic funds transfer
unless the State Comptroller’s Office grants an exemption. The selected Bidder shall register using the form
COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form. Any request for exemption must
be submitted to the State Comptroller’s office for approval at the address specified on the COT/GAD X-10 form
and must include the business identification information as stated on the form and include the reason for the
exemption. The COT/GAD X-10 form is included as Attachment K and can be downloaded at the following
URL: http://compnet.comp.state.md.us.gad/pdf/GADX-10.pdf.
1.28
CONTRACT EXTENDED TO INCLUDE OTHER NON-STATE
GOVERNMENTS OR AGENCIES
For the purposes of information technology or telecommunications procurements, pursuant to §3-702(b)
of the State Finance and Procurement Article of the Annotated Code of Maryland, county, municipal, and
other non-state governments or agencies may purchase from the Contractor services covered by this
contract at the same prices chargeable to the State. All such purchases by non-State governments or
agencies: (1) shall constitute contracts between the Contractor and that government or agency; (2) shall
not constitute purchases by the State or State agencies under this contract; (3) shall not be binding or
enforceable against the State, and (4) may be subject to other terms and conditions agreed to by the
Contractor and the purchaser.
1.29
FALSE STATEMENTS
Offerors are advised that Section 11-205.1 of the State Finance and Procurement Article of the Annotated
Code of Maryland provides as follows:
(a)
In connection with a procurement contract, a person may not willfully:
1.
Falsify, conceal, or suppress a material fact by any scheme or device;
2.
Make a false or fraudulent statement or representation of a material fact; or
3.
Use a false writing or document that contains a false or fraudulent statement or entry of a
material fact.
(b)
A person may not aid or conspire with another person to commit an act under subsection
(a) of this section.
(c)
A person who violates any provision of this section is guilty of a felony and on conviction is
subject to a fine not exceeding $20,000 or imprisonment not exceeding five years.
1.30
LIVING WAGE REQUIREMENTS
A solicitation for services under a State contract valued at $100,000 or more may be subject to Title 18,
14
State Finance and Procurement (SFP) Article, Annotated Code of Maryland. Additional information
regarding the State’s Living Wage requirement is contained in this solicitation as Attachment J entitled
Living Wage Requirements for Service Contracts. If the Offeror fails to submit and complete the Affidavit
of Agreement, the State may determine an Offeror to be not responsible.
Contractors and Subcontractors subject to the Living Wage Law shall pay each covered employee at least
$12.49 per hour, if State contract services valued at 50% or more of the total value of the contract are
performed in the Tier 1 Area. If State contract services valued at 50% or more of the total contract values are
performed in the Tier 2 Area, an Offeror shall pay each covered employee at least $9.39 per hour. The
specific Living Wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier
2 Area of the State. The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel, and
Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the
Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of
the unit responsible for a State contract pursuant to §18-102 (d) shall assign the tier based upon where the
recipients of the services are located. The contract resulting from this solicitation will be deemed to be a Tier
1 contract or a Tier 2 contract depending on the location(s) from which the contractor provides 50% or more
of the services. If the contractor provides 50% or more of the services from a location(s) in a Tier 1
jurisdiction(s) the contract will be a Tier 1 contract. If the contractor provides 50% or more of the services
from a location(s) in a Tier 2 jurisdiction(s), the contract will be a Tier 2 contract. If the contractor provides
more than 50% of the services from an out-of-State location, the State agency determines the wage tier based
on where the majority of the service recipients are located. The Offeror must identify in their proposal the
location(s) from which services will be provided.
The Maryland Department of Labor, Licensing, and Regulation is responsible for establishing the wage rates
and ensuring compliance with the laws. General information on the Living Wage Law is available on the
DLLR website: http://www.dllr.state.md.us/ Richard Avallone, program manager of the Employment
Standards Unit, may be reached at (410) 767-2358 or ravallone@dllr.state.md.us. Questions regarding the
application of the Living Wage Law relating to a particular procurement should be directed to the
procurement officer named in the solicitation. General procurement questions may be directed to the Board of
Public Works at (410) 260-7335 (local) or toll-free number (877) 591-7320.
1.31
PROMPT PAYMENT TO SUBCONTRACTORS
This procurement and the contract to be awarded pursuant to this solicitation are subject to the Prompt
Payment Policy Directive issued by the Governor’s Office of Minority Affairs and dated August 1, 2008.
Promulgated pursuant to Sections 11-201, 13-205(a), and Title 14, Subtitle 3 of the State Finance and
Procurement Article (SFP), and Code of Maryland Regulations (COMAR) 21.01.01.03 and 21.11.03.01 et
seq., the Directive seeks to ensure the prompt payment of all subcontractors on non-construction
procurement contracts. The successful Offeror who is awarded a contract must comply with the prompt
payment requirements outlined in the Contract, §28 (see Attachment A). Additional information is
available
on
the
GOMA
website
at
http://www.mdminoritybusiness.com/documents/PROMPTPAYMENTFAQs_000.pdf.
1.32
STATE ETHICS LAW
The State Ethics Law, State Government Article 15-508, applies to persons who are involved in the
drafting of specifications who are prohibited from participating in the implementation of those
specifications as either a prime or subcontractor.
15
1.33
ELECTRONIC PROCUREMENTS AUTHORIZED
A.
Under COMAR 21.03.05, unless otherwise prohibited by law, the Department of Public Safety
and Correctional Services may conduct procurement transactions by electronic means, including
the solicitation, bidding, award, execution, and administration of a contract, as provided in the
Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21, Annotated
Code of Maryland.
B.
Participation in the solicitation process on a procurement contract for which electronic means has
been authorized shall constitute consent by the bidder/Offeror to conduct by electronic means all
elements of the procurement of that Contract which are specifically authorized under the IFB or
the Contract.
C.
“Electronic means” refers to exchanges or communications using electronic, digital, magnetic,
wireless, optical, electromagnetic, or other means of electronically conducting transactions.
Electronic means includes facsimile, electronic mail, internet-based communications, electronic
funds transfer, specific electronic bidding platforms (e.g. eMarylandMarketplace.com), and
electronic data interchange.
D.
In addition to specific electronic transactions specifically authorized in other sections of this RFP
(e.g. §1.28 related to EFT) and subject to the exclusions noted in section 5 of this subsection, the
following transactions are authorized to be conducted by electronic means on the terms described:
1. The Procurement Officer may conduct the procurement using eMaryland Marketplace, email or facsimile to issue:
a.
b.
c.
d.
e.
the solicitation (e.g. the RFP);
any amendments;
pre-proposal conference documents;
questions and responses;
communications regarding the solicitation or proposal to any Offeror or potential
Offeror including requests for clarification, explanation, or removal of elements
of an Offeror's proposal deemed not acceptable;
f. notices of award selection or non-selection; and
g. the Procurement Officer’s decision on any protest or Contract claim.
2. An Offeror or potential Offeror may use e-mail or facsimile to:
a. ask questions regarding the solicitation;
b. reply to any material received from the Procurement Officer by electronic means
that includes a Procurement Officer's request or direction to reply by e-mail or
facsimile, but only on the terms specifically approved and directed by the
Procurement Officer;
c. request a debriefing;
d. submit a "No Bid Response" to the solicitation.
3. The Procurement Officer, the State's Contract Manager and the Contractor may conduct
day-to-day Contract administration, except as outlined in section 5 of this subsection
utilizing e-mail, facsimile or other electronic means if authorized by the Procurement
Officer or Contract Manager.
16
E.
The following transactions related to this procurement and any Contract awarded pursuant to it
are not authorized to be conducted by electronic means:
1.
2.
3.
4.
submission of initial bids or proposals;
filing of protests;
filing of Contract claims;
submission of documents determined by DPSCS to require original signatures (e.g.
Contract execution, Contract modifications, etc); or
5. any transaction, submission, or communication where the Procurement Officer has
specifically directed that a response from the Contractor, Bidder or Offeror be provided
in writing or hard copy.
F.
Any facsimile or electronic mail transmission is only authorized to the facsimile numbers or
electronic mail addresses for the identified person as provided in the IFB, the Contract, or in the
direction from the Procurement Officer or Contract Manager.
1.34
SITE VISITS
Site Visits shall be coordinated and scheduled by the Procurement Officer. The site visits will be
conducted on August 21, 2012 and August 22, 2012 at the following locations:
Western Correctional Institution
Tuesday, August 21, 2012 @ 9:00 am (Local Time)
Maximum Security Facility
Facility Point of Contact: AW Graham
Security Operations Unit Contact: Lt. Edwards
Maryland Correctional Institution-Jessup
Wednesday, August 22, 2012 @ 9 am (Local Time)
Medium Security Facility
Facility Point of Contact: AW Armstead
Security Operations Unit (SOU) Contact: Lt. Edwards
Jessup Pre Release Unit
Wednesday, August 22, 2012 @ 11 am (Local Time)
Pre-Release Facility
Facility Point of Contact: Jamila Torbit
Security Operations Unit (SOU) Contact: Lt. Edwards
Baltimore Central Detention Center
Wednesday, August 22, 2012 @ 1 pm (Local Time)
Division of Pretrial Detention and Services Facility
Facility Point of Contact: F.A.K Bartee
Security Operations Unit (SOU) Contact: Lt. Edwards
The SOU Point of Contact will meet the vendors and the facility’s Point of Contact at the main
entrance of each facility at the designated time. Each facility will have the POC and at least one
escort officer to take the vendors on their tour. Parking will not be an issue anywhere other than
Baltimore City; so car pooling is encouraged as much as possible for that leg of the tour.
Tours will not be used to answer questions about the RFP; rather the purpose of the tours is to
familiarize potential Offerors with the geography and physical layout of the facilities with inmate
payphones. Questions about the RFP should be submitted to the Procurement Officer as detailed
17
in Section 1.4 above.
In order to assure adequate preparation and accommodations for the site visits and tours, it is
requested that no more than two representatives for each potential Offeror attend.
The information that must be submitted by the Offeror prior to the site visit includes a Name,
Social Security Number, and Date of Birth for each representative. This will enable Security
Staff in the Facility to do a brief background check that will allow them to issue a one-day pass
for the tour.
Restrictions, in addition to the numbers that may tour, include the following:
• No communication devices (cell phones, beepers, Blackberries, computers, etc.) will be
admitted to the Facility. The same applies to any weapons or cameras.
• No purses, bags, lunches, briefcases, or other carry-in materials more than a pad of paper
and a writing instrument will be permitted in any Facility. (Time will not permit visitors
to apply for and get a locker for these items during the brief time vendor representatives
will be on site).
• There will be no clothing items made from denim worn in the facilities.
• Other forbidden clothing items include open-toed shoes, sleeveless blouses not covered
by a jacket, under-wire bras (visitors WILL be asked to remove them so they should be
avoided), shorts, tee-shirts, and jeans of any material.
• No sundries can be taken into the facilities including tobacco, soda, water, other drinks,
gum, candy, and snacks. If it is necessary to have some sort of food because of a medical
condition, it must be carried in a clear plastic baggie for inspection by security on arrival
at the Facility.
All persons participating in a tour must carry a picture ID with them (such as a driver’s license).
All persons visiting should be aware that they will be searched, including electronic screening.
Some of the locations will require the touring vendors to move their cars from Facility to Facility
so plans to carpool are essential as parking may be less than desirable at some locations, and
difficult in the Baltimore area.
Directions to the DPSCS facilities can be found on the web at:
http://dpscs.maryland.gov/locations/prisons.shtml
1.35
MINORITY BUSINESS ENTERPRISES
A Minority Business Enterprise (MBE) subcontractor participation goal of 10% has been
established for this solicitation. The Contractor must attempt to subcontract with certified MBE’s
for a total subcontract value of at least 10% of the Total Gross Revenue. A prime Contractor,
including an MBE prime Contractor, must utilize certified MBE subcontractor(s) in an attempt to
meet the MBE subcontract goal. A prime Contractor comprising a joint venture that includes
18
MBE partner(s) must utilize certified MBE subcontractor(s) in an attempt to meet the MBE
subcontract goal.
For any questions about the MBE subcontractor participating goal, proper completion of MBE
Affidavits, or the MBE program in general, please contact the Procurement Officer prior to the
Proposal Due (closing) Date. Questions or concerns regarding the MBE requirements of this
solicitation must be raised before the opening of the bids or receipt of initial proposals.
The Contractor shall structure its award(s) of subcontracts under the Contract in a good faith
effort to achieve the goal in such subcontract awards by businesses certified by the State of
Maryland as minority owned and controlled. MBE requirements are specified in Attachment N,
“Minority Business Enterprise Participation.” Subcontractors used to meet the MBE goal of this
RFP must be identified in the Offeror’s proposal.
Attachment N, “MBE Utilization and Fair Solicitation Affidavit,” and “MBE Participation
Schedule,” must be properly completed and submitted with each Offeror’s proposal. An Offeror
that does not commit to meeting the entire MBE participation goal outlined in this Section 1.35
must submit a request for waiver with its proposal submission based upon making a good faith
effort to meet the MBE goals prior to submission of their proposal (full or partial waiver based
on the MBE subcontracting commitment that is made). Failure of the Contractor to properly
complete, sign, and submit Attachment N-1 at the time it submits its Technical Response to
the RFP will result in the State’s rejection of the Contractor’s Proposal to the RFP. This
failure is not curable.
The current directory of MBEs is available through the Maryland State Department of
Transportation, Office of Minority Business, 7201 Corporate Center Drive, P.O. Box 548,
Hanover, Maryland 21076. The phone number is (410) 865-1269. The directory is also available
at http://www.e-mdot.com/. Select the MBE Program label. The most current and up-to-date
information on MBEs is available via the web site.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
19
SECTION 2
2.1
OFFEROR MINIMUM QUALIFICATIONS
CONTRACTOR MINIMUM QUALIFICATIONS
Each Offeror shall submit evidence in its proposal that it and any subcontractor included in its
proposal is legally eligible to provide the services for which the Offeror submits a proposal, by
submitting documentation of that eligibility from the Maryland PSC or the FCC.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
20
SECTION 3 DESCRIPTIONS OF REQUIRED SERVICES/DELIVERABLES
3.1 BACKGROUND
The DPSCS has over 2,000 pay stations spread among 25 physical correctional facilities (see Attachment
E for names and locations.)
Currently, the State has an agreement with Securus Technologies to provide pay station equipment, local
phone service and long distance carrier services to the pay stations within DPSCS. Under the current
contract with Securus Technologies, the State’s Inmate Welfare Fund receives approximately $7 million
dollars in revenue annually.
The distribution of the majority of the DPSCS pay station traffic, as presented in Attachments F, G and H
can be considered typical. The number of pay stations installed in each facility ranges from 3 to 190. In
addition, all 25 correctional facilities are equipped with systems, which regulate the ability of inmates to
make calls based on the requirements of each facility. The pay station system also manages inmate
calling privileges and provides monitoring and recording capabilities to DPSCS.
The purpose of this RFP is to ensure the acquisition of a turnkey, fully operational, secure and reliable
inmate telephone system designed to improve the management and control of inmate telephone usage
within DPSCS.
The objectives of DPSCS are to ensure that inmate telephone usage is appropriately restricted and
monitored, telephone harassment of victims and witnesses is prevented; staff time required to administer
the system is kept to a minimum; information is maximized; commission revenue to the Inmate Welfare
Fund is maximized; and call rates are provided at a reasonable cost to the inmates and their families.
DPSCS is seeking a single Contractor to provide a turnkey solution for an inmate telephone system and
services. NOTE: THE STATE SHALL NOT BEAR RESPONSIBILITY FOR ANY COSTS
ASSOCIATED WITH THE INMATE TELEPHONE SYSTEM.
3.2 MANAGEMENT ROLES AND RESPONSIBILITIES
Procurement Officer – DPSCS representative responsible for managing the solicitation and award
process, change order process, and resolution of scope issues.
Contract Manager - Contract Manager will manage and coordinate all Contractor activities required by
this RFP. The Contract Manager of DPSCS will oversee the activities and performance of the Contactor
support personnel provided by the Contractor in support of this project.
Contractor Primary Point of Contact - A Contractor primary point of contact for the project shall be
identified by the Contractor. The Contractor primary point of contact, shall during the first 15 days of
every month, provide the Contract Manager with monthly report for the Contractor support activities for
the previous month.
3.3 CONTRACTOR REQUIREMENTS
The Contractor shall comply with the following requirements in order to be considered responsive to the
21
RFP:
3.3.1
3.3.2
3.3.3
3.3.4
3.3.5
3.3.6
3.3.7
3.3.8
3.3.9
3.3.10
3.3.11
3.3.12
3.3.13
3.3.14
3.3.15
3.3.16
3.3.17
3.3.18
3.3.19
The Contractor shall be responsible for providing local and long-distance services (both
interLATA and intraLATA) to the inmate pay stations.
The Contractor shall not charge the State of Maryland for any local and long distance telephone
services, including but not limited to lines and services, pay station equipment, cable and wiring,
enclosures, booths, pedestals, stands, computer hardware and software, or any other costs
associated with the installation, maintenance, removal of the pay station service or preparation of
implementation plan for any transition services. During the term of the contract, or any renewal
options, the State of Maryland will not be responsible for the cost of any moves or changes.
The Contractor shall assure continuous availability of pay station equipment and service, twentyfour hours a day, seven days per week.
The Contractor shall meet all applicable requirements of the Telecommunications Act of 1996
(http://transition.fcc.gov/telecom.html)
The Contractor shall be responsible for the compliance of each installation with the Americans
with Disabilities Act. Within each DPSCS building housing inmate pay stations, at least one of
those pay stations shall require TTY built in.
The Contractor shall be solely responsible for collecting all revenue and including it in the TGR.
The Contractor shall ensure the collection from any coin pay station having a full box within four
hours of a report that the pay station is full.
The Contractor shall be responsible for obtaining all permits and licenses necessary for the
completion of installations.
All pay stations and call monitoring equipment currently installed in DPSCS facilities are to be
replaced by the Contractor with new equipment, equipped with the latest technology, on a one-toone basis. For example: if there are currently 2,000 pay stations located in the DPSCS facilities,
then 2,000 are to be replaced.
The Contractor shall implement a Debit/Pre-Paid Program. This implementation shall be fully
staffed and funded by the Contractor.
The Debit/Pre-Paid program shall allow inmates the option of using debit service where the funds
are taken from their account or pre-paid services where the inmates’ family pays for the calls.
The Contractor shall provide an on-site administrator, trained in the operation of the system, to
deal with all problems concerning the inmate phone system and capable of providing requested
systems and database changes within a 24 hour period, excluding weekends. Each region shall
have at least one person dedicated to that specific region who can respond physically five days a
week at any time. The administrator shall ensure that DPSCS remains in full compliance with the
National Detention Standards for inmate calling.
System software shall be security level based and password protected.
The Contractor shall not place any advertising information on any telephone or telephone
enclosure without the prior written approval of DPSCS.
The Contractor acknowledges that after initial installation, the number and style of inmate
telephones may be increased, decreased or modified based on DPSCS’s requirements at no cost to
DPSCS.
The Contractor shall pay all royalty and license fees relating to the items covered by the contract.
In the event any third party shall claim the manufacture, use, and sale of these goods offered
constitute an infringement of any copyright, trademark, or patent, the Contractor shall indemnify
and hold harmless DPSCS, and its officers and employees from any cost, expense, damage, or
loss incurred in any manner by the DPSCS because of such alleged infringement.
The Contractor shall provide descriptive literature and user manuals for the proposed telephone
systems.
The Contractor shall only provide FCC registered phones. The Contractor’s FCC number shall be
22
provided as part of its’ technical proposal.
3.4 INMATE TELEPHONE SYSTEM AND EQUIPMENT REQUIREMENTS
3.4.1
3.4.2
3.4.3
3.4.4
3.4.5
3.4.6
3.4.7
3.4.8
3.4.9
3.4.10
3.4.11
3.4.12
3.4.13
3.4.14
3.4.15
3.4.16
3.4.17
3.4.18
3.4.19
3.4.20
3.4.21
3.4.22
3.4.23
3.4.24
3.4.25
DPSCS requires the Contractor to provide a pay station system that will support administration
and inmate payphone service.
The inmate telephone system shall consist of equipment designed for a correctional environment.
All telephone equipment, cabling, wiring, and installation shall meet or exceed all FCC, State,
and local codes.
The system shall control the inmate pay stations and provide Station Message Detail Records
(SMDR).
The system shall include recording system to capture the content of the pay station calls.
The system shall not be capable of receiving incoming calls.
The inmate telephone system shall provide outgoing collect/debit/prepaid service with no access
to direct dialed or operator handled service.
The system shall not require any electrical outlets at the actual telephone set locations.
The system shall be remotely accessed by DPSCS through remote web access.
The system shall require inmates to input all individuals name from their call list along with the
phone number using the Inmate Payphone System.
The system shall be capable of printing hard copies of the call list.
The system shall have the ability for inmates to create and change their own secure PIN numbers.
The system shall provide for all three call types: collect, local and long-distance.
The system shall be monitored remotely 24/7 by Contractor staff to handle all problems when the
system goes down during off duty hours.
The system shall be Contractor “host” based. Recordings shall be stored in multiple locations to
ensure catastrophic events do not compromise, alter or destroy the integrity of the call bank. All
inmate telephone recordings shall remain the property of DPSCS.
The system shall allow an administrator to designate “Target” PINs and “Target” destination
numbers. When the system detects that a call is being made using any of these pre-programmed
“Target” PINS or destination numbers, the system shall automatically call destination numbers
designated by DPSCS.
These designated numbers shall include direct dial phones, staff cell and home telephones as well
as pagers. Alerts to any type of phone shall prompt the recipient for a security code, and, after
receiving a proper code, conference them into the call.
The recipient shall be undetected by the inmate and called party; however, the recipient shall have
the ability to disconnect the call or cut into the call and talk to each party.
Alerts to pagers shall send information to the specified pager including the number being dialed
and the PIN used in dialing.
The system shall allow system administrators to add or remove destination numbers from the hot
list using an onsite workstation provided by the Contractor.
The system shall prompted personnel for a security code, when the personnel receives an alert
call from the system, and then immediately be able to monitor the call in progress.
The system shall allow the chain of three numbers to be called and sequential form to alert
DPSCS facility personnel.
The system shall allow the person monitoring the conversation to terminate the call in progress
shall the need arise.
The system shall be capable of processing calls on a multi-lingual basis, including, but not limited
to, four languages with English and Spanish as a minimum. Submitted proposals shall describe
how a caller would access different prompts using the proposed system.
The system shall ensure that for all long distance calls, the cost begins when the end user accepts
23
the call.
3.4.26 The system shall be capable of allowing the DPSCS facility officials the capability of turning off
or blocking service to any telephone or group of telephones from a central location inside the
facility.
3.4.27 The system shall be designed to use only an automated operator to place calls.
3.4.28 The system shall provide clear voice prompts to complete calls without the use of an operator.
3.4.29 The Contractor shall provide a clear description of all automated operator services that will be
used for inmate calls.
3.4.30 The system shall prevent call block to Direct dialed calls, access to 911, 311, 411 or 555-1212 or
similar information and emergency services, access to toll free 800, 888, 877 or similar toll free
numbers, access to intraLATA and/or InterLATA carriers by means of 1010XXX access numbers
or other dial around numbers, access to intraLATA and/or InterLATA carriers by means of 900,
950, or 976 numbers or similar services.
3.4.31 The system shall be capable of programmed call duration limits, as set by DPSCS.
3.4.32 The system shall automatically terminate a call giving a one-minute warning.
3.4.33 The system shall be capable of allowing different time limits capabilities for individual inmates,
cell blocks and designated groups of telephones.
3.4.34 The system shall be capable of blocking an unlimited amount of individual numbers.
3.4.35 The Contractor shall state the method to be used to block telephone numbers.
3.4.36 Blocked numbers shall be able to be entered at a central location and have immediate effect at the
facility level or system-wide.
3.4.37 The system shall have the ability to block or refuse access to calling cards.
3.4.38 The system shall allow collect/debit/prepaid calls to cellular phones.
3.5 SYSTEM FEATURES
3.5.1
3.5.2
The Contractor shall provide written descriptions of system features. Descriptions shall be
concise, easy to understand, and explain in detail the value of the system proposed.
System features to be described shall include, but not limited to, Call Length Control, Call
Supervision, Inmate Facility Orientation (English and Spanish mandatory) and Call Validation.
3.6 INMATE TELEPHONE RECORDING/MONITORING SYSTEM
3.6.1
3.6.2
3.6.3
3.6.4
3.6.5
The Contractor shall provide an inmate telephone system with call monitoring and recording
capabilities.
The Contractor shall describe the recording monitoring system being offered in terms of value to
DPSCS, not just specifications.
The Contractor shall provide all 25 DPSCS facilities with an integrated system to control,
monitor and record inmate pay station calls from that facility.
The system shall have the capability for selected DPSCS staff to have access to any of the 25
facilities’ data and monitor real time information through an internet web-based application.
The inmate telephone system shall have the capability of simultaneously recording all inmate
calls 24 hours a day/7 days a week and maintain these recordings for up to one year from the date
of the phone call.
3.7 CALL BRANDING
3.7.1
•
All collect/debit/prepaid calls from a DPSCS inmate telephone shall be capable of being
identified to the called party as follows:
“This is a collect call from, ________, (Inmate speaks name or system plays inmate’s pre-
24
recorded name) who is currently in custody at _____________(name of the correctional facility).
The system shall provide the called party with the ability to hear calling rates as they apply to the
phone call they are receiving.
3.7.3 The system shall inform the called party at selected intervals during the conversation that they are
speaking with an inmate and the call is subject to monitoring and recording.
3.7.4 The Contractor shall provide a written or recorded example of the Call Branding to be used.
3.7.5 The system shall allow for the inmate’s name and name of the facility in real time uncompressed
voice, to be announced to the called party prior to acceptance.
3.7.6 The system shall allow the inmate to listen to the status of the call in progress for acceptance or
denial by the called party.
3.7.7 The system shall provide call acceptance by the call recipient accomplished through positive call
acceptance. The system shall not permit passive acceptance of a call, such as staying on the line
after the voice prompt sequence.
3.7.8 The system shall terminate calls when the machine fails to positively accept the incoming calls to
answering machines, FAX machines, or computer modems shall be terminated when the machine
fails to positively accept the incoming call.
3.7.9 The inmate shall not be allowed to communicate with the called party until the call is accepted.
3.7.10 The called party shall be able to accept or reject a call from a rotary dial or pulse dial telephone.
3.7.11 The called recipient shall have an option to block any further inmate call attempts at the time the
call is received.
3.7.2
3.8 FRAUD CONTROL
3.8.1
3.8.2
3.8.3
3.8.4
3.8.5
3.8.6
3.8.7
3.8.8
The system shall provide fraud detection and protection against hook switch calls, credit card
calls, directory assistance calls, call forwarding, conference calls and second party calls.
The system shall aid in controlling fraudulent use of the telephone network by providing
interference with secondary call patterns, termination of calls if a second dial tone is detected, and
prohibition of hook switch dialing.
DPSCS will bear no responsibility for the loss of revenue as a result of fraudulent use of the
telephone service. Contractor agrees that DPSCS will bear no responsibility for fraudulent calls or
theft of service. Furthermore, fraudulent, stolen or lost calls shall not be deducted from revenue
paid to DPSCS. NOTE: Fraudulent calls shall be the sole responsibility of the Contractor.
The system shall have the capability to detect the dialing of additional Dual Tone MultiFrequency’s (DTMF) following call connection. Upon detection, the system shall play a warning
message to the inmate and the called party.
The system shall detect and prevent three-way-calls.
The Contractor agrees that the DPSCS will bear no responsibility for un-billable or uncollectible
calls. Furthermore, no revenue shall be deducted from commissions paid to DPSCS for such calls
(i.e. Contractor shall still pay revenue for call to DPSCS even if Contractor cannot collect on
call). NOTE: The Contractor shall bear sole responsibility for collection on all such calls.
The system shall have a shut-off function for each phone, each living area, and for the entire
system.
On-site computers (DPSCS owned) and web-based program shall be capable of performing call
blocking, inmate PIN assignment, call allow lists, call duration programming, time of day
automatic shutdown of telephones, and generation of administrative reports.
3.9 SERVICE PROGRAM
3.9.1
The Contractor shall describe the service program, backup systems, as well as guaranteed
response time, escalation process, stocking of spare parts, number of technicians, and their
location. If this service is subcontracted, complete company identifications and contact
25
3.9.2
3.9.3
3.9.4
3.9.5
3.10
information shall be submitted.
The Contractor shall provide all necessary equipment, labor, parts, and materials and
transportation to maintain all inmate telephones in good working order throughout the life of the
awarded contract. NOTE: There will NO charge made to DPSCS for installation or maintenance
of the system.
The Contractor shall provide telephone equipment personnel who are fully trained, manufacturer
certified, and/or qualified on the equipment and software to be serviced.
The Contractor shall provide hands-on training to DPSCS staff at the location where equipment is
installed. Additional training shall be provided to new staff assigned during the awarded contract
period at no cost to DPSCS.
Training manuals shall be provided to DPSCS staff at all training sessions and will become the
property of DPSCS.
CUSTOMER SERVICE
3.10.1 The Contractor shall maintain a 1-800 Customer Service number which shall be answered 24
3.10.5
hours a day, 7 days a week by a live operator.
The Contractor shall maintain a 1-800 number for DPSCS and the public for inquiries about
billing issues, call blocks, etc.
The Contractor shall provide a single point of contact for handling financial, commission or
billing inquiries or technical issues.
The Contractor shall provide informational pamphlets to inmates relative to the applicable
features and functions of the inmate telephone system upon installation and request by DPSCS.
The Contractor shall provide an information website for public access.
3.11
IMPLEMENTATION AND INSTALLATION
3.10.2
3.10.3
3.10.4
3.11.1 The Contractor shall provide an implementation plan with its Technical Proposal. At a minimum,
the implementation plan shall include:
• The Contractor’s approach for the installation of the inmate pay station system throughout all
DPSCS locations shall be consistent with all Inmate Visiting Procedures
(www.dpscs.state.md.us/locations/mtc.shtml)
• The roles and responsibilities of the Contractor’s personnel who are required for the
implementation of the inmate pay station system.
• A schedule (timeline) for the total implementation effort.
3.11.2 The Contractor shall provide a technology roadmap that describes anticipated changes to
computers, recording and monitoring equipment during the contract period.
• Provide for a minimum loss of commission paid to the State during the transition.
• The specific work packages and responsibilities matrix for each implementation.
• The detailed steps required to complete a functional inmate pay station system with the
timeframes and acceptance tests for each step.
3.11.3 If the incumbent Contractor is not awarded the contract, the awarded Contractor shall coordinate
with the incumbent Contractor prior to the effective date of the contract to assure little or no
interruption of inmate telephone services.
3.11.4 The Contractor shall notify DPSCS in writing of any expected or anticipated interruption of
inmate phone services during the transition.
3.11.5 The Contractor or their subcontractor shall accomplish installation of all telephones and related
equipment during normal business hours or as directed by DPSCS.
3.11.6 The Contractor shall restore to original condition at the Contractor’s expense any damage to
26
property caused by maintenance or installation personnel including, but not limited to, walls,
ceilings, etc. of DPSCS facilities.
3.11.7 The Contractor shall clean up and remove any debris resulting from its work. Upon completion of
the installation, the premises shall be clean and ready immediate use.
3.11.8 The Contractor shall provide a completed facilities specific plan, based on actual site conditions,
after contract award that shall be coordinated and approved by the DPSCS prior to start of work
for each facility.
3.11.9 The Contractor shall perform installation in the following order of location of correctional
facilities:
Central Region
South Region
North Region
3.12
PROPOSED SERVICES – MANAGEMENT PLANS
3.12.1 The Contractor shall provide the following management plans. In addition, each plan shall be
updated annually by the Contractor.
3.12.2 The Contractor shall provide updated plans to the State Contract Manager indicated in Section 1.3
by the anniversary date for each year of the contract.
A.
Revenue Assurance Plan
The Revenue Assurance Plan shall include the following:
•
•
•
•
Work processes and audits used to validate the TGR.
The impact of Accounts Receivable on TGR.
The means used by the Contractor to collect the receivables.
Provide recommendations to the State to minimize pay station fraud.
On an annual basis, no later than 45 days after the annual anniversary date for each year of the
contract, the Contractor will be required to submit to the State Project Manager an independent
certification validating the Revenue Assurance Plan.
B.
Service Delivery Plan
The Service Delivery Plan shall include the following:
•
•
•
•
•
C.
The work effort and management process to respond to the State's needs for local pay station
equipment, local and long distance services.
Service ordering, implementation and a time line for service delivery.
Support for technical and sales employees that are in contact with employees of the State.
The maintenance requirements that will assure proper operation of the local pay station
equipment and services.
A contact list of the Contractor's key employees who are engaged in service provisioning and
maintenance.
Future Transition Plan
The Future Transition Plan shall include the following:
27
•
•
3.13
A statement that the incumbent Contractor will work with any future selected Contractors to
minimize disruptions of service and commissions during the transition.
Transition procedures for equipment and services to any future Contractors prior to the end of
the base contract period or any subsequent renewal options.
PERIODIC REPORTS
3.13.1 The Contractor shall submit with its technical proposal a value based summary of reporting
requirements.
3.13.2 The Contractor shall send reports electronically.
3.13.3 At a minimum, the Contractor shall prepare and provide the following report in electronic format
(Microsoft Excel; via e-mail and computer disk):
• Monthly Usage/Revenue Report (report contains payphone location, usage and
revenue payment information) will be delivered to the DPSCS (two names and
addresses to be provided after contract award) and the State Contract Manager (as
indicated in Section 1.3 of the RFP).
• The report shall be submitted electronically within fifteen (15) days after the end of
the previous month.
• Contractor shall provide any additional reports as requested by DPSCS.
3.14
COMMISSION PAYMENTS
The monthly commission payments shall be received by DPSCS from the Contractor within 30 calendar
days of the end of the previous month. Late payments are subject to accrual of interest at a rate of 9% per
annum commencing on the 31st day after the close of the billing cycle. The amount of the payment shall
be for 100% of the total commission owed based on the contracted commission rate of the TGR.
Specific details regarding instructions for the payment of commissions to the State, either by electronic
transfer of funds or by check, will be provided to the selected vendor.
3.15
INSURANCE REQUIREMENTS
The Contractor shall maintain general liability insurance with a minimum of $300,000 per occurrence and
$500,000 aggregate coverage. The State of Maryland shall be named as an additional named insured on all
liability policies (Workers' Compensation excepted) and certificates of insurance evidencing this coverage
shall be provided prior to the commencement of the contract and thereafter from time to time, as directed by
the State.
3.16
SERVICE LEVEL AGREEMENT
Service Criticality and Priority levels shall be determined by the DPSCS using the definitions contained in the
following table.
28
Minimum
Service
Level
Required
Level 1
Service Description
Greater than 50% of a
system is not
functioning or greater
than 10% of the phones
are affected.
Response Time
•
Resolution Time
•
3 hours
•
Level 2
Facility reports they are
experiencing phone
trouble impacting more
than 30% of the
facility’s phone, but
less than 50%.
•
•
12 hours
•
If a technician is
required, Contractor
contacts the
customer with the
estimated time of
arrival
Technical Support
Manager contacts the
facility to ensure all
issues were resolved
If a technician is
required, Contractor
contacts the customer
with an estimated
time of arrival
If a dispatch is not
required, Contractor
contacts the customer
to ensure the issue
was resolved
Outage
•
•
•
•
•
•
•
•
•
•
Level 3
Level 4
Facility reports they are
experiencing phone
trouble impacting more
than 5% of the phones,
but less than 30% of the
facility.
•
Facility reports phone
trouble with less than
5% of phones or
requests a modification.
•
24 hours
36 hours
29
•
If a technician is
required, Contractor
contacts the customer
with an estimated
time of arrival.
•
Contractor contacts
the customer to
ensure the issue was
resolved
•
If a technician is
required, Contractor
contacts the customer
with an estimated
time of arrival.
•
If dispatch is not
Respective
Technical
Support
Department
Technical
Support
Manager
Regional
(National ) VP
Territory
Manager
EXEC. Director
of Service
Regional Field
Manager
Respective
Technical
Support
Department
Technical
Support
Manager
(If National
Customer )
National VP
Executive
Director of
Service
Regional Field
Manager
•
Technical
Support
Department
•
Technical
Support
Department
required, Contractor
notifies the facility
when the service
issue is resolved.
3.17
REQUIRED PROJECT POLICIES, GUIDELINES AND METHODOLOGIES
The Contractor shall be required to comply with all applicable laws, regulations, policies, standards and
guidelines affecting information technology projects, which may be created or changed periodically. The
Contractor shall adhere to and remain abreast of current, new, and revised laws, regulations, policies,
standards and guidelines affecting project execution. The following policies, guidelines and
methodologies can be found at http://doit.maryland.gov/policies/Pages/ContractPolicies.aspx under
“Policies and Guidance.” These may include, but are not limited to:
• The State’s System Development Life Cycle (SDLC) methodology
• The State Information Technology Security Policy and Standards
• The State Information Technology Project Oversight
• The State of Maryland Enterprise Architecture
• DPSCS Inmate Visiting Procedures
• The Contractor shall follow the project management methodologies that are consistent with the
Project Management Institute’s Project Management Body of Knowledge Guide. Contractor’s staff
and subcontractors are to follow a consistent methodology for all activities.
3.18 INTERFACING WITH OFFENDER MANAGEMENT SYSTEMS AND OFFENDER
FINANCIAL SYSTEMS
The Department’s Information Technology and Communication Division (ITCD) provides an
inmate total population file, which is a file listing of all inmates (first name, last name, facility
location, housing location, DOC #, last 4 digits of their SS #) for all MD DOC sites. This file is
sent twice per day 7 days per week to capture movement and releases. These files also limits
each inmate as to where they can place calls from, some down to their assigned housing unit.
ITCD also sends a Detainee total population file, which is a file listing of all detainees (first
name, last name, facility location, housing location, DOC #) for all MD Pre Trial sites. This file
is sent twice per day 7 days per week to capture movement and releases. These files do NOT
limit where the inmate can make a call from as long as it is a Pre Trial location.
The Department currently has a mainframe inmate finance system named MOBS.
In order to support inmate Debit services ITCD sends a MOBS file once per day on any day that a
MD DOC inmate purchases credit for his debit account.
The Department is in the process of migrating to a new Offender Based Management System
(OCMS). This new system uses the State Identification Number (SID) as the primary ID for
detainees and inmates. ITCD will provide the total populations file(s) from this system once it
30
becomes the system of record.
The Department is pending the award of a Commissary service. As part of the RFP the awarded
vendor is required to install and make operational a new Offender/Inmate Banking System. The
RFP calls for the SID to be the primary ID used in this system. ITCD will manage the finance
interface to this new system. It is unknown at this time, but an interface may be needed to the new
commissary system providing automated purchases of credit for inmate and detainee debit
accounts.
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31
SECTION 4
4.1
PROPOSAL FORMAT
TWO PART SUBMISSION
Offerors must submit proposals in two parts:
Volume I - Technical Proposal
Volume II - Financial Proposal
4.2
PROPOSAL
Volume I-Technical Proposal, must be sealed separately from Volume II-Financial Proposal, but
submitted simultaneously to the Procurement Officer (address listed in Section 1.4 of this RFP). An
unbound original, so identified, and five (5) copies of each volume are to be submitted.
An electronic version of both the Volume I- Technical Proposal in MS Word format and the Volume IIFinancial Proposal in MS Excel format and signed PDF must also be submitted with the unbound
originals technical or financial volumes, as appropriate. Electronic media on CD shall bear the RFP
number and name, name of the Offeror and the volume number.
4.3
SUBMISSION
Each Offeror is required to submit a separate sealed package for each "Volume", which is to be labeled
Volume I-Technical Proposal and Volume II-Financial Proposal. Each sealed package must bear the RFP
title and number, name and address of the Offeror, the volume number (I or II), and the closing date and
time for receipt of the proposals on the outside of the package. All pages of both proposal volumes must
be consecutively numbered from beginning (Page 1) to end (Page “x”).
4.4
VOLUME I – TECHNICAL PROPOSAL
TAB A.
TRANSMITTAL LETTER
A transmittal letter must accompany the proposal. The purpose of this letter is to transmit the proposal
and acknowledge the receipt of any addenda. It shall be brief and signed by an individual who is
authorized to commit the Offeror to the services and requirements as stated in this RFP. Only one
transmittal letter is needed and it does not need to be bound with the technical proposal. The letter shall
contain:
1. Name & Address of Offeror
2. Name, Title and Telephone Number of Contact for Offeror
3. Statement that proposal is in response to Solicitation
4. Signature, Typed Name and Title of individual authorized to commit Offeror to proposal
32
5. Federal Employer Identification Number of the Offeror, or, if a single individual, a
Social Security Number
6. Statement accepting all State contract terms or that exceptions are taken (to be listed in the
Executive Summary; see below).
7. Acknowledgement of all Addenda to this RFP
TAB B.
TITLE AND TABLE OF CONTENTS
The technical proposal shall begin with a title page bearing the name and address of the Offeror and the
name and number of this RFP. A table of contents for the technical proposal shall follow the title page.
Information that is claimed to be confidential is to be placed after the Title Page and before the Table of
Contents in the Offeror’s Technical Proposal, and if applicable, also in its Financial Proposal. Unless
there is a compelling case, an entire proposal shall not be labeled confidential but just those portions that
can reasonably be shown to be proprietary or confidential.
TAB C.
EXECUTIVE SUMMARY
The Offeror shall condense and highlight the contents of the technical proposal in a separate section titled
“Executive Summary.” The summary shall also identify any exceptions the Offeror has taken to the
requirements of this RFP, the Contract (Attachment A), or any other attachments. Warning: Exceptions
to terms and conditions may result in having the proposal deemed unacceptable or classified as not
reasonably susceptible of being selected for an award. If an Offeror takes no exception to State terms
and conditions, the Executive Summary shall so state.
TAB D.
MINIMUM REQUIREMENTS
The Offeror shall submit documentation from the PSC or the FCC substantiating that it and any
subcontractors included it its proposal are legally eligible to provide services for which the Offeror
submits a proposal (See Section 2- Minimum Requirements).
TAB E.
TECHNICAL RESPONSE TO RFP REQUIREMENTS
The Offeror shall address each criterion in the technical proposal and describe how the proposed services
will meet the requirements as described in the RFP. As stated above, any exception to a term or condition
may result in having the proposal deemed unacceptable or classified as not reasonably susceptible of
being selected for an award. Any paragraph that addresses a work requirement shall include an
explanation of how the work will be done. “We will comply” is not an acceptable response.
TAB F.
OFFEROR EXPERIENCE, CAPABILITIES AND REFERENCES
Offerors shall include information on past experience with similar projects particularly with providing the
inmate payphone equipment and services included in this RFP. Offerors shall describe how their
organization meets the requirements of this RFP and shall include the following in their technical
proposal:
A. An overview of the Offeror’s experience providing equipment and services similar to those
included in this RFP which includes:
33
•
•
•
•
B.
A summary of the equipment and services offered.
The number of years the Offeror has provided the equipment and services.
The number of clients and geographic locations the Offeror currently serves.
Evidence that you are legally eligible to provide the services for which the Offeror
submits a proposal, by submitting documentation of that eligibility from the Maryland
PSC or the FCC.
References from at least three of its largest customers who are capable of documenting:
C.
•
•
•
The Offeror's ability to manage projects of similar complexity.
The quality and breadth of services provided by the Offeror
Each client reference is to include the following information:
Name of client organization; Name, title, Email address and telephone number of Point of
Contact for client organization; Value, type, and duration of contract(s) supporting client
organization.
•
An explanation of why the Offeror is no longer providing the services to the client
organization, if the Offeror is no longer serving this client.
Financial Capabilities and Statements.
•
•
TAB G.
Evidence that the Offeror has financial capacity to provide the services.
Copies of the last two (2) year end financial statements or best available
equivalent report.
M A NA G E M E NT PL A NS
Offerors shall provide the following management plans for submission with the technical proposal:
A.
Revenue Assurance Plan
The Revenue Assurance Plan shall outline the work processes and audits used to validate the
TGR. The plan shall discuss the impact of Accounts Receivable on TGR and discuss the means
used by the Contractor to collect the receivables. The plan shall also address pay station fraud
and provide recommendations to the State to minimize fraud.
B.
Service Delivery Plan
The Service Delivery Plan shall describe the work effort and management process in order to
respond to the State's needs for local pay station equipment and services. This plan shall describe
how the service is ordered and implemented and will lay out a time line for service delivery. The
plan shall describe how the Offeror shall support the technical and sales employees that are in
contact with employees of the State and define the maintenance requirements that will assure
proper operation of the local pay station equipment and services. The plan shall include a contact
list of the Offeror's key employees that are engaged in service provisioning and maintenance of
the pay station equipment and services.
C.
Future Transition Plan
The Transition Plan shall include a statement that the incumbent Contractor will work with any
future selected Contractors to minimize disruptions of service or payment of commissions, during
34
the transition and transition procedures for equipment and services to any future Contractors prior
to the end of the base contract period or any subsequent renewal options.
TAB H.
ECONOMIC BENEFIT FACTORS
The Offeror shall describe the benefits that will accrue to the State of Maryland economy as a direct or
indirect result of the Offeror’s performance of the contract resulting from this RFP. The Offeror will take
into consideration the following elements (do not include any details of the financial proposal with this
information):
1) The estimated percentage of contract dollars to be recycled into Maryland’s economy
in support of the contract, through the use of Maryland subcontractors, suppliers and
joint venture partners. Offerors shall be as specific as possible and provide a
percentage breakdown of expenditures in this category.
2) The estimated number and types of jobs for Maryland residents resulting from this
contract. Indicate job classifications, number of employees in each classification, and
the aggregate Maryland payroll percentages to which the Contractor has committed at
both prime and, if applicable, subcontract levels.
3) Tax revenues to be generated for Maryland and its political subdivisions as a result of
this contract. Indicate tax category (sales tax, inventory taxes and estimated personal
income taxes for new employees). Provide a forecast of the total tax revenues resulting
from the contract.
4) The estimated percentage of subcontract dollars committed to Maryland small
businesses and MBEs.
In addition to the factors listed above, the Offeror shall explain any other economic benefit to the State of
Maryland that would result from the Offeror’s proposal.
TAB I.
SUBCONTRACTORS
Offerors must identify subcontractors, if any, and the role these subcontractors will have in the
performance of the contract.
TAB J.
BID/PROPOSAL AFFIDAVIT (Attachment B) – must be submitted with original
Technical Proposal)
TAB K.
LIVING WAGE AFFIDAVIT (Attachment J) – must be submitted with original
Technical Proposal (per Section 1.30)
TAB L.
COMPLETED CERTIFIED MBE UTILIZATION AND FAIR SOLICITATION
AFFIDAVIT (Attachment N-1)
35
4.5
VOLUME II – FINANCIAL PROPOSAL
4.5.1
Under separate sealed cover from the Technical Proposal and clearly identified with the same
information noted on the Technical Proposal, the Offeror must submit an unbound original, five
copies, and an electronic version in Microsoft Excel of the Financial Proposal. The Financial
Proposal must contain all cost information in the format specified below and in accordance with
the Instructions in Attachment L. The Proposal Price Sheet (Attachment M) must be submitted
and completely filled in (no blanks or omissions).
4.5.2
Do not change or alter the Proposal Price Sheet. Alterations will cause the proposal to be
rejected.
4.5.3
The Proposal Price Sheet is to be signed and dated by an individual who is authorized to bind the
firm to the prices offered. Enter the title of the individual and the company name in the spaces
provided.
4.5.4
It is imperative that the prices included on the Proposal Price Sheet pages are entered correctly
and calculated accurately by the vendor and that the respective total prices agree with the entries
on Proposal Price Sheet. Any incorrect entries or inaccurate calculations by the vendor will be
treated as provided in COMAR 21.05.03E and 21.05.02.12.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
36
SECTION 5 EVALUATION CRITERIA AND SELECTION PROCEDURE
5.1
EVALUATION CRITERIA
Evaluation of the proposals will be performed by a committee organized for that purpose and will be
based on the criteria set forth below. The State reserves the right to utilize the services of individuals
outside of the established committee for technical advice, as deemed necessary. The Contract resulting
from this RFP will be awarded to the Offeror whose proposal is most advantageous to the State,
considering the price proposal and the technical proposal. In making this determination, technical factors
will be given equal weight with price factors.
5.2
TECHNICAL CRITERIA
The following criteria will be used to evaluate the technical proposal and are listed in descending order of
importance:
1)
2)
3)
5.3
The proposed equipment and services solution (Ref. Sections 3.2 through 3.14).
Offeror’s experience and capabilities that illustrate the Offeror’s ability to provide the
equipment and services required (Ref. Section 4. Tab A).
Economic benefit factors (Ref. Section 4. Tab I).
FINANCIAL CRITERIA
All qualified Offerors will be ranked from the lowest to the highest price based on their total revenue.
5.4
RECIPROCAL PREFERENCE
Although Maryland law does not authorize procuring agencies to favor resident Offerors in awarding
procurement contracts, many other states do grant their resident businesses preferences over Maryland
contractors. Therefore, as described in COMAR 21.05.01.04, a resident business preference will be given
if: a responsible Offeror whose headquarters, principal base of operations, or principal site that will
primarily provide the services required under this RFP is in another state submits the most advantageous
offer; the other state gives a preference to its residents through law, policy or practice; and, the preference
does not conflict with a Federal law or grant affecting the procurement contract. The preference given
shall be identical to the preference that the other state, through law, policy or practice gives to its
residents.
5.5
SELECTION PROCEDURE
The contract will be awarded in accordance with the competitive sealed proposals process under Code of
Maryland Regulations 21.05.03. The competitive sealed proposals method is based on discussions and
revision of proposals during these discussions.
Accordingly, the State may hold discussions with all Offerors judged reasonably susceptible of being
37
selected for award, or potentially so. However, the State also reserves the right to make an award without
holding discussions. In either case of holding discussions or not doing so, the State may determine an
Offeror to be not responsible and/or not reasonably susceptible of being selected for award, at any time
after the initial closing date for receipt of proposals and the review of these proposals.
5.6
SELECTION PROCESS SEQUENCE
1) The first step in the process will be to assess compliance with the Offeror Minimum
Qualifications set forth in Section 2 of this RFP. Offerors who fail to meet these minimum
qualifications will be disqualified and their proposals eliminated from further consideration.
2) The next level of review will be an evaluation for technical merit. During this review, oral
presentations and discussions may be held. The purpose of such discussions will be to assure a
full understanding of the States’ requirements and the Offeror’s ability to perform, and to
facilitate arrival at a contract that will be most advantageous to the State. For scheduling
purposes, Offerors shall be prepared to make an oral presentation and participate in discussions
within two weeks of the delivery of proposals to the State. The Procurement Officer will contact
Offerors when the schedule is set by the State.
3) Offerors must confirm in writing any substantive oral clarification of, or change in, their
proposals made in the course of discussions. Any such written clarification or change then
becomes part of the Offeror’s proposal.
4) The financial proposal of each Offeror will be evaluated separately from the technical evaluation.
After a review of the financial proposals of Offerors, the Procurement Officer may again conduct
discussions.
5) When in the best interest of the State, the Procurement Officer may permit Offerors who have
submitted acceptable proposals to revise their initial proposals and submit, in writing, best and final
offers (BAFOs).
5.7
FINANCIAL PROPOSAL EVALUATION
The Offeror providing the highest revenue to the State for the Total 3 Year Revenue for all Call Types on
Page 4 of Attachment M will receive a total score of 45. All other Offerors will receive a proportionately
lower score for their Total 3 Year Revenue to the State. The Offeror’s Total 3 Year Revenue to the State
will then be divided by the highest revenue offer. The results will then be multiplied by 45 which will
provide a proportionately lower score relative to the highest revenue Offeror.
The Offeror providing the lowest 3 Year Cost to the Consumer for all Call Types and Fees on Page 4 of
Attachment M will receive a total score of 55. All other Offerors will receive a proportionately lower
score for their 3 Year Cost to the Consumer for all Call Types and Fees. The lowest cost to the consumer
will then be divided by the Offeror's cost to the consumer. This result will then be multiplied by 55 which
will provide a proportionately lower score relative to the score of the Offeror with the lowest cost to
consumer. Offerors are expected to provide calling rates that do not cause a financial hardship on families
of inmates.
The results of these two calculations will be added together. The Offeror receiving the highest combined
score will be ranked number one financially. All other Offerors will be ranked accordingly based on the
38
combined score they receive.
For example:
Company A proposes:
Total 3 Year Revenue to the State (All Call Types): $523,223 (receives a score of 45)
Company B proposes:
Total 3 Year Revenue to the State (All Call Types): $427,568 (receives a score of 36.90)
Calculation: $427,568 divided by $523,223 = 0.82 X 45 = 36.90
Company A Proposes:
Total 3 Year Cost to the Consumer (All Call Types) = $812,097 (receives a score of 53.90)
Company B proposes:
Total 3 Year Cost to the Consumer (All Call Types) = $799,822 (receives a score of 55)
Calculation: $799,822 divided by $812,097 = 0.98 X 55 = 53.90
Financial Ranking
Company A: 45 + 53.90 = 98.90
Company B: 36.90 + 55 = 91.90
Company A would be ranked number one financially.
The State has specified below the maximum call rates that can be submitted for each call type in
Attachment M. Offerors may propose a bid at or below these not-to-exceed ceilings. Offerors
proposing rates which exceed these maximum call rates will be deemed not reasonably susceptible
of being selected for award and will be eliminated from further consideration. These call rate
ceilings apply to all call types of Attachment M. Additionally, the Contractor will keep its call rates at or
below those submitted on their financial proposal throughout the initial three (3) year base term. If the
State exercises any renewal option, the Contractors may adjust its call rates as outlined in Section 1.25.4.
39
The call rate not-to-exceed ceilings are:
Summary of Call Rates
DEBIT/PREPAID CALLS
Local
IntraLata
InterLata
Interstate
1st Minute
$0.50
$2.52
$0.30
$0.30
Additional Minute
$0.50
$0.21
$0.30
$0.30
1st Minute
$0.85
$2.47
$2.85
$2.85
Additional Minute
$0.85
$0.15
$0.30
$0.30
COLLECT CALLS
Local
IntraLata
InterLata
Interstate
40
The International Debit call rate not-to-exceed ceilings are:
International Debit Rates
Country
Albania
Algeria
American Samoa
Andorra
Angola
Anguilla
Antarctica (Scott) -(ALL)
Antigua
Argentina
Armenia
Aruba
Ascension Island
Australia
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belgium
Belize
Benin
Bermuda
Bhutan
Bolivia
Bosnia Herzegovina
Botswana
Brazil
British Virgin Islands
Brunei
Bulgaria
Burkina Faso
Country Code
355
213
+1 684
376
244
+1 264
672
Peak Rate Per
Minute 8AM to
5PM
Monday
- Friday
$3.9408
$2.3525
$2.3731
$1.0506
$5.2520
$1.4729
3.83263
Evening Night
and Weekend
Rate
Per Minute
$3.4546
$2.0631
$2.0827
$0.9249
$4.6031
$1.2978
3.35986
$3.1379
$1.8180
$3.0035
$1.3287
$2.9551
$3.1982
$1.3380
$3.0035
$0.9970
$2.0549
$3.1302
$3.5727
$3.0035
$1.3349
$2.2330
$2.4813
$1.0094
$4.7823
$2.1661
$2.1239
$2.4071
$1.6449
$1.4286
$2.3577
$2.1352
$3.2424
$1.2854
$1.5996
$2.6358
$1.1711
$2.5935
$1.3102
$1.1773
$2.6358
$0.8807
$1.8056
$2.7470
$1.4636
$2.6358
$1.1742
$1.9611
$2.1774
$0.8889
$1.6764
$1.9045
$1.8664
$2.1136
$1.4472
$1.2576
$2.0724
$1.8767
$2.8459
+1 268
54
374
297
247
61
43
994
+1 242
973
880
+1 246
375
32
501
229
+1 441
975
591
387
267
55
+1 284
673
359
226
41
Burma
Burundi
Cambodia
Cameroon
Canada
Cape Verde Islands
Cayman Islands
Central African Republic
Chad
Chile
China
Christmas & Cocos
Islands
Colombia
Comoros
Congo
Cook Islands
Costa Rica
Croatia
Cuba
Cyprus
Czech Republic
Denmark
Diego Garcia
Djibouti
Dominica
Dominican Republic
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Ethiopia
Falkland Islands
Faroe Islands
Federated Micronesia
Figi Islands
Finland
France
French Antilles
95
257
855
237
+1
238
+1 345
236
235
56
86
672
$7.1369
$4.2302
$4.8060
$2.3762
$1.2607
$2.7522
$1.4101
$5.2303
$5.3375
$1.7562
$3.4546
$4.8678
$6.2521
$3.7080
$4.2127
$2.0868
$1.2607
$2.4184
$1.2422
$4.5835
$4.6772
$1.5440
$3.0313
$4.2673
57
269
242
682
506
385
53
357
420
45
246
253
+1 767
+1 809, 829 &
849
593
20
503
240
291
372
251
500
298
691
679
358
33
596
$2.0260
$5.1737
$3.4907
$5.4672
$1.6614
$2.1239
$3.7554
$1.9508
$1.7417
$1.3503
$3.0076
$3.4083
$1.7036
$1.6696
$1.7798
$4.5351
$3.0601
$4.7916
$1.4616
$1.8664
$3.2939
$1.7160
$1.5306
$1.1907
$2.6420
$2.9870
$1.4997
$1.4698
$2.1733
$2.3525
$2.0765
$4.6783
$2.6677
$3.0035
$2.9407
$3.8687
$1.3503
$2.9973
$3.3434
$1.3843
$1.0506
$1.5337
$1.9107
$2.0631
$1.8252
$4.1025
$2.3412
$2.6358
$2.5822
$3.3939
$1.1907
$2.6296
$2.9328
$1.2185
$0.9249
$1.3493
42
French Guiana
French Polynesia
Gabon
Gambia
Georgia
Germany
Ghana
Gibraltar
Greece
Greenland
Grenada
Guadeloupe
Guam
Guantanamo
Guatemala
Guinea
Guinea-Bissau
Guyana
Haiti
Honduras
Hong Kong
Hungary
Iceland
India
Indonesia
Iran
Iraq
Ireland
Israel
Italy
Ivory Coast
Jamaica
Japan
Jordan
Kazakhstan
Kenya
Kiribati
Korea, North
Korea, South
Kuwait
Kyrgyzstan
594
689
241
220
995
49
233
350
30
299
+1 473
590
+1 671
53
502
224
245
592
509
504
852
36
354
91
62
98
964
353
972
39
225
+1 876
81
962
7
254
686
850
82
965
996
$2.2753
$3.1693
$2.8452
$1.9199
$3.0035
$1.1382
$2.4844
$1.8890
$1.8437
$2.0631
$1.7211
$1.7932
$2.2753
$1.8447
$2.0425
$2.7326
$4.7668
$2.3834
$2.0682
$2.0662
$2.0425
$1.7932
$1.7582
$2.7058
$2.7141
$2.6244
$3.3166
$1.2339
$2.1352
$1.5172
$2.9118
$1.7891
$1.4904
$2.1403
$3.0035
$2.4658
$5.2448
$6.0131
$2.1115
$2.0095
$3.0035
43
$1.9972
$2.7810
$1.8344
$1.6902
$2.6358
$1.0012
$2.1815
$1.6604
$1.6192
$1.8128
$1.5120
$1.5780
$1.9972
$1.6212
$1.7943
$2.3999
$4.1797
$2.0919
$1.8169
$1.8149
$1.7943
$1.5780
$1.5460
$2.3742
$2.3814
$2.3051
$2.9118
$1.0867
$1.8767
$1.3359
$2.5554
$1.5738
$1.3112
$1.8798
$2.6358
$2.1651
$4.5969
$5.2695
$1.8550
$1.7654
$2.6358
Laos
Latvia
Lebanon
Lesotho
Liberia
Libya
Liechtenstein
Lithuania
Luxembourg
Macao
Macedonia
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall Islands
Mauritania
Mauritius
Mayotte Island
Mexico (all)
Moldova
Monaco
Mongolia
Montserrat
Morocco
Mozambique
Namibia
Nauru
Nepal
Netherlands
Netherlands Antilles
Nevis
New Caledonia
New Zealand
Nicaragua
Niger
Nigeria
Niue
Norfolk Island
856
371
961
266
231
218
423
370
352
853
389
261
265
60
960
223
356
692
222
230
269
52
373
377
976
+1 664
212
258
264
674
977
31
599
869
687
64
505
227
234
683
672
$6.1656
$3.0035
$3.5628
$2.2433
$2.3237
$2.6739
$1.2978
$3.0035
$1.4739
$2.9005
$2.1239
$5.6887
$2.1661
$2.0940
$4.4836
$3.1271
$2.1980
$2.9932
$3.7986
$3.7235
$3.8986
$2.5544
$3.0035
$1.0506
$5.7762
$1.5306
$2.5596
$3.6792
$2.4112
$6.0554
$3.3259
$1.0588
$1.3678
$1.4616
$2.8541
$2.2001
$2.2032
$3.3145
$1.8149
$4.7751
$4.7751
44
$5.4024
$2.6358
$3.1271
$1.9704
$2.0404
$2.3463
$1.1423
$2.6358
$1.2978
$2.5451
$1.8664
$4.9831
$1.9045
$1.8396
$3.9315
$2.7439
$1.9302
$2.6265
$3.3310
$3.2661
$3.4186
1.8952
$2.6358
$0.9249
$5.0614
$1.3472
$2.2464
$3.2280
$2.1177
$5.3055
$2.9170
$0.9332
$1.2041
$1.2854
$2.5050
$1.9313
$1.9364
$2.9098
$1.5944
$4.1870
$4.1870
Norway
Oman
Pakistan
Palau
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Portugal
Puerto Rico
Qatar
Reunion
Romania
Russia
Rwanda
San Marino
Sao Tome
Saudi Arabia
Senegal
Seychelles
Sierra Leone
Singapore
Slovakia
Slovenia
Solomon Islands
Somalia
South Africa
Spain
Sri Lanka
St Pierre Miquelon
St. Helena
St. Kitts
St. Lucia
St. Vincent & The
Grenadines
Sudan
Suriname
Swaziland
Sweden
Switzerland
47
968
92
680
507
675
595
51
63
48
351
+1 787, 939
974
262
40
7
250
378
239
966
221
248
232
65
421
386
677
252
27
34
94
508
290
+1 869
+1 758
+1 784
$1.2556
$2.2248
$3.2311
$3.7018
$1.7819
$2.6193
$2.4215
$2.0590
$2.2753
$2.0147
$1.8839
$0.3000
$2.7429
$3.3434
$2.6935
$3.0035
$3.4412
$1.5172
$5.0645
$2.0775
$2.8655
$4.0850
$3.2002
$1.9117
$1.7417
$2.1239
$4.1674
$4.7226
$1.6861
$1.5780
$3.5082
$1.2978
$4.0160
$1.4616
$1.6336
$1.7253
$1.1062
$1.9539
$2.8356
$3.2476
$1.5666
$2.2990
$2.1249
$1.8097
$1.9972
$1.7706
$1.6562
$0.3000
$2.4071
$2.9324
$2.3649
$2.6358
$3.0169
$1.3359
$4.4393
$1.8262
$2.5163
$3.5813
$2.8078
$1.6779
$1.5306
$1.8664
$2.6677
$4.1633
$1.4811
$1.3874
$3.0776
$1.1423
$2.5700
$1.2854
$1.4379
$1.5182
249
597
268
46
41
$4.5238
$2.7542
$2.3237
$1.1433
$1.2978
$2.9355
$2.4195
$2.0404
$1.0094
$1.1423
45
Syria
Taiwan
Tajikistan
Tanzania
Thailand
Togo
Tonga
Trinidad
Tunisia
Turkey
Turkmenistan
Turks & Caicos Islands
Tuvalu
963
886
992
255
66
228
676
+1 868
216
90
993
+1 649
688
U.S. Virgin Islands
Uganda
Ukraine
United Arab Emirates
United Kingdom
Uruguay
Uzbekistan
Vanuatu
Vatican City
Venezuela
Vietnam
Wallis & Fortuna Islands
Western Samoa
Yemen
Yugoslavia
Zaire
Zambia
Zimbabwe
+1 340
256
380
971
44
598
998
678
379
58
84
681
685
967
381
243
260
263
$3.5473
$2.1980
$3.0035
$2.4051
$2.5225
$2.5204
$3.5102
$1.8025
$2.1702
$2.0899
$3.0035
$1.5811
$6.3664
$0.3000
$2.3257
$3.0035
$1.9622
$0.9414
$2.1002
$3.0035
$4.7751
$1.5172
$1.2350
$3.6081
$4.1591
$3.1652
$2.3566
$2.1239
$2.4339
$2.0961
$2.0497
46
$3.1116
$1.9302
$2.6358
$2.1115
$2.2145
$2.2124
$3.0787
$1.5862
$1.9065
$1.8355
$2.6358
$1.3895
$5.5785
$0.3000
$2.0421
$2.6358
$1.7253
$0.8312
$1.8458
$2.6358
$4.1870
$1.3359
$1.0887
$3.1652
$3.6462
$2.7759
$2.0693
$1.8664
$2.1373
$1.8427
$1.8015
5.8
AWARD DETERMINATION
Upon completion of all discussions and negotiations, reference checks and site visits, if any, the
Procurement Officer will recommend award of the contract to the responsible Offeror whose proposal
is determined to be the most advantageous to the State considering evaluation and price factors
(evaluated price) as set forth in this RFP. In making the most advantageous Potential Offeror
determination, technical factors will be given equal weight with price factors.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
47
ATTACHMENTS
1. ATTACHMENT A
Example of the State's contract. It is provided with the RFP for informational
purposes and is not required at proposal submission time.
2. ATTACHMENT B
THE BID/PROPOSAL AFFIDAVIT must be completed and submitted with the Technical
Proposal.
3. ATTACHMENT C
The Contract Affidavit is not required at proposal submission time. It must be
submitted by the selected Offerors within 5 business days of notification of
proposed contract award.
4. ATTACHMENT D
Pre-Proposal Conference Response Form. It is requested that this form be
completed and submitted by those potential Offerors which plan on attending the
conference.
5. ATTACHMENT E
Names and Locations of the DPSCS Correctional Facilities where Inmate
Payphones are located along with the # of Payphones at each location.
6. ATTACHMENT F
Call History and Revenue July 1, 2011- June 30, 2012
7. ATTACHMENT G
Local Call History by Location
8. ATTACHMENT H
Long Distance Call History by Location
9. ATTACHMENT I Call Types and Local Access Transport Areas in Maryland
10. ATTACHMENT J
Living Wage Requirements
11. ATTACHMENT K
Electronic Funds Transfer Registration Request Form
12. ATTACHMENT L
Financial Proposal Price Form Instructions
13. ATTACHMENT M Financial Proposal Price Form which must be completed and submitted as the
Offeror’s Financial Proposal
48
ATTACHMENT A
EXAMPLE OF THE STATE’S CONTRACT
THIS CONTRACT is made this
day of 2012 by and between and the STATE OF
MARYLAND, acting through the MARYLAND DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES, (herein know as the Agency) and
herein known as
the (Contractor).
IN CONSIDERATION of the premises and the covenants herein contained, the parties agree as
follows:
1.
Definitions
Except as provided otherwise in this Contract, terms used in this Contract and the RFP shall have
the meanings provided in the RFP. In this Contract, the following words have the meanings
indicated:
1.1
“Contractor” means
in
whose principal business address is
and whose principal office
1.2
“Department” means the Maryland Department of Public Safety and Correctional Services.
1.3
“Procurement Officer” means
1.4
“RFP” means the Request for Proposals DPSCS Q0013001
1.5
“State” means the State of Maryland.
2.
Scope of Work
2.1
The Contractor shall provide the services described in the Contractors proposal and the RFP.
These services shall be provided in accordance with this Contract and the following exhibits,
which are attached and incorporated herein by reference. If there is any conflict between this
Contract and the Exhibits, the terms of the Contract shall govern. If there is any conflict among
the Exhibits, the following order of precedence shall determine the prevailing provision:
.
Exhibit A - The RFP
Exhibit B – The Contractor’s Proposal dated
Exhibit C - Contract Affidavit
The Procurement Officer may, at any time, by written order, make changes in the work within the
general scope of the Contract. No other order, statement or conduct of the Procurement Officer
or any other person shall be treated as a change or entitle the Contractor to an equitable
adjustment under this section. Except as otherwise provided in this Contract, if any change under
this section causes an increase or decrease in the Contractor’s cost of, or the time required for, the
performance of any part of the work, whether or not changed by the order, an equitable
adjustment in the Contract price shall be made and the Contract modified in writing accordingly.
The Contractor shall assert in writing its right to an adjustment under this section within thirty
49
(30) days of receipt of written change order and shall include a written statement setting forth the
nature and cost of such claim. No claim by the Contractor shall be allowed if asserted after final
payment under this Contract. Failure to agree to an adjustment under this section shall be a
dispute under the Disputes clause. Nothing in this section shall excuse the Contractor from
proceeding with the Contract as changed. Modifications to this Contract may be made provided
(a) the modifications are made in writing; (b) all parties sign the modifications; and (c) approval
by the required agencies, as described in COMAR 21.07.01.04, is obtained.
2.
Time for Performance
In accordance with RFP Section 1.25, the term of the Contract begins as of the date the Contract
is signed by the Department following approval of the Contract by the Board of Public Works.
The Contractor shall undertake transition activities necessary to provide its services under the
Contract upon receipt of a written Notice to Proceed issued by the Procurement Officer. Apart
from start-up transition activities and unless terminated earlier as provided under this Contract,
the Contractor shall provide the equipment and services for the period beginning or about January
1, 2013 and ending on or about December 31, 2015. The State, at its sole option, has the
unilateral right to extend the term of the Contract for up to two additional, successive one-year
terms.
4.
Fee to be Paid by the Contractor:
The Contractor shall pay the Department of Public Safety and Correctional Services (DPSCS) the
monthly commission payments within 30 calendar days of the end of the previous month. Late
payments are subject to accrual of interest at a rate of 9% per annum commencing on the 31st day
after the close of the billing cycle. The amount of the payment shall be for 100% of the total
commission owed based on the contracted commission rate of the TGR.
5.
Personnel
Contractor agrees that all personnel identified in its bid, or personnel of equal qualifications, shall
be assigned to perform the terms of this contract.
6.
Confidentiality
All information provided to the Contractor by the Department, regardless of nature or manner of
storage, including, without limitation, information or data stored within the Department’s
computer systems shall be held in absolute confidence by the Contractor. The Contractor may
disclose such confidential information to its officers, agents and employees only to the extent that
such disclosure is necessary for the performance of their duties under this Contract.
7.
Loss of Data
In the event of loss of any State data or records where such loss is due to the intentional act or
omission or negligence of the contractor or any of its subcontractors or agents, the Contractor
shall be responsible for recreating such lost data in the manner and on the schedule set by the
Procurement Officer.
8.
Insurance Requirements
The Contractor shall maintain general liability insurance with a minimum of $300,000 per
occurrence and $500,000 aggregate coverage. The State of Maryland shall be named as an
50
additional named insured on all liability policies (Workers' Compensation excepted) and
certificates of insurance evidencing this coverage shall be provided prior to the commencement of
the contract.
9.
Non-Hiring of Employees
No official or employee of the State of Maryland, as defined under State Government Article, 15102, Annotated Code of Maryland, whose duties as such official or employee include matters
relating to or affecting the subject matter of this contract, shall during the pendency and term of
this contract and while serving as an official or employee of the State become or be an employee
of the contractor or any entity that is a subcontractor on this contract.
10.
Disputes
This Contract shall be subject to the provisions of Title 15, Subtitle 2, of the State Finance and
Procurement Article of the Annotated Code of Maryland, as from time to time amended, and
COMAR 21.10 (Administrative and Civil Remedies). Pending resolution of a claim, the
Contractor shall proceed diligently with the performance of the Contract in accordance with the
Procurement Officer’s decision. Unless a lesser period is provided by applicable statute,
regulation, or the Contract, the Contractor shall file a written notice of claim with the
Procurement Officer within 30 days after the basis for the claim is known or shall have been
known, whichever is earlier. Contemporaneously with or within 30 days of the filing of a notice
of claim, but no later than the date of final payment under the Contract, the Contractor shall
submit to the Procurement Officer its written claim containing the information specified in
COMAR 21.10.04.02.
11.
Maryland Law
This Contract shall be construed, interpreted, and enforced according to the laws of the State of
Maryland.
12.
Nondiscrimination in Employment
The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for
employment because of race, color, religion, creed, age, sex, marital status, national origin,
ancestry, or physical or mental handicap unrelated in nature and extent so as reasonably to
preclude the performance of such employment; (b) to include a provision similar to that contained
in subsection (a), above, in any underlying subcontract except a subcontract for standard
commercial supplies or raw materials; and (c) to post and to cause subcontractors to post in
conspicuous places available to employees and applicants for employment, notices setting forth
the substance of this clause.
13.
Contingent Fee Prohibition
The Contractor, architect, or engineer (as applicable) warrants that it has not employed or retained
any person, partnership, corporation, or other entity, other than a bona fide employee or agent
working for the Contractor, architect, or engineer, to solicit or secure this agreement, and that it
has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a
bona fide employee or agent, any fee or any other consideration contingent on the making of this
51
agreement.
14.
Nonavailability of Funding
If the General Assembly fails to appropriate funds or if funds are not otherwise made available
for continued performance for any fiscal period of this Contract succeeding the first fiscal period,
this Contract shall be canceled automatically as of the beginning of the fiscal year for which
funds were not appropriated or otherwise made available; provided, however, that this shall not
affect either the State’s rights or the Contractor’s rights under any termination clause in this
Contract. The effect of termination of the Contract hereunder shall be to discharge both the
Contractor and the State from future performance of the Contract, but not from their rights and
obligations existing at the time of termination. The Contractor shall be reimbursed for the
reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract.
The State shall notify the Contractor as soon as it has knowledge that funds may not be available
for the continuation of this Contract for each succeeding fiscal period beyond the first.
15.
Termination for Default
If the Contractor fails to fulfill its obligations under this Contract properly and on time, or
otherwise violates any provision of the Contract, the State may terminate the Contract by written
notice to the Contractor. The notice shall specify the acts or omissions relied upon as cause for
termination. All finished or unfinished work provided by the Contractor shall, at the State’s
option, become the State’s property. The State of Maryland shall pay the Contractor fair and
equitable compensation for satisfactory performance prior to receipt of notice of termination, less
the amount of damages caused by the Contractor’s breach. If the damages are more than the
compensation payable to the Contractor, the Contractor shall remain liable after termination and
the State can affirmatively collect damages. Termination hereunder, including the termination of
the rights and obligations of the parties, shall be governed by the provisions of COMAR
21.07.01.11B.
16.
Termination for Convenience
The performance of work under this Contract may be terminated by the State in accordance with
this clause in whole, or from time to time in part, whenever the State shall determine that such
termination is in the best interest of the State. The State shall pay all reasonable costs associated
with this Contract that the Contractor has incurred up to the date of termination, and all
reasonable costs associated with termination of the Contract; provided, however, the Contractor
shall not be reimbursed for any anticipatory profits that have not been earned up to the date of
termination. Termination hereunder, including the determination of the rights and obligations of
the parties, shall be governed by the provisions of COMAR 21.07.01.12 (A) (2).
17.
Delays and Extensions of Time
The Contractor agrees to perform this agreement continuously and diligently. No charges or
claims for damages shall be made by the Contractor for any delays or hindrances, regardless of
cause, in the performance of services under this Contract. Time extensions shall be granted only
for excusable delays that arise from unforeseeable causes beyond the control and without the fault
or negligence of the Contractor, including but not restricted to acts of God, acts of the public
enemy, acts of the State in either its sovereign or contractual capacity, acts of another contractor
in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions,
52
strikes, freight embargoes, or delays of subcontractors or suppliers arising from unforeseeable
causes beyond the control and without the fault or negligence of either the Contractor or the
subcontractors or suppliers.
18.
Suspension of Work
The Procurement Officer unilaterally may order the Contractor in writing to suspend, delay, or
interrupt all or any part of its performance for such period of time as the Procurement Officer
may determine to be appropriate for the convenience of the State.
19.
Pre-Existing Regulations
In accordance with the provisions of Section 11-206 of the State Finance and Procurement
Article, Annotated Code of Maryland, as from time to time amended, the regulations set forth in
Title 21 of the Code of Maryland Regulations (COMAR 21) in effect on the date of execution of
this Contract are applicable to this Contract.
20.
Financial Disclosure
The Contractor shall comply with the provisions of Section 13-221 of the State Finance and
Procurement Article of the Annotated Code of Maryland, as from time to time amended, which
requires that every business that enters into contracts, leases, or other agreements with the State
of Maryland or its agencies during a calendar year under which the business is to receive in the
aggregate, $100,000 or more, shall within 30 days of the time when the aggregate value of these
contracts, leases or other agreements reaches $100,000, file with the Secretary of the State of
Maryland certain specified information to include disclosure of beneficial ownership of the
business.
21.
Political Contribution Disclosure
The Contractor shall comply with the provisions of Election Law Article, Sections 14-101
through 14-108 of the Annotated Code of Maryland, which require that every person that enters
into contracts, leases, or other agreements with the State of Maryland, a county or an incorporated
municipality or their agencies, during a calendar year under which the person receives in the
aggregate, $100,000 or more, shall, file with the State Board of Elections a statement disclosing
contributions in excess of $500 made during the reporting period to a candidate for elective office
in any primary or general election. The statement shall be filed with the State Board of Elections:
(1) before a purchase or execution of a lease or contract by the State, a county, an incorporated
municipality, or their agencies, and shall cover the preceding two calendar years; and (2) if the
contribution is made after the execution of a lease or contract, then twice a year, throughout the
contract term, on: (a) February 5, to cover the 6-month period ending January 31; and (b) August
5, to cover the 6-month period ending July 31.
22.
Retention of Records
The Contractor shall retain and maintain all records and documents in any way relating to this
Contract for three years after final payment by the State of Maryland under this Contract or any
applicable statute of limitations, whichever is longer, and shall make them available for
inspection and audit by authorized representatives of the State, including the Procurement Officer
or the Procurement Officer’s designee, at all reasonable times. All records related in any way to
the Contract are to be retained for the entire time provided under this section.
53
23.
Compliance with Laws
The Contractor hereby represents and warrants that:
24.
A.
It is qualified to do business in the State of Maryland and that it shall take such action as,
from time to time hereafter, may be necessary to remain so qualified;
B.
It is not in arrears with respect to the payment of any monies due and owing the State of
Maryland, or any department or unit thereof, including but not limited to the payment of
taxes and employee benefits, and that it shall not become so in arrears during the term of
this Contract;
C.
It shall comply with all federal, State and local laws, regulations, and ordinances
applicable to its activities and obligations under this Contract; and,
D.
It shall obtain, at its expense, all licenses, permits, insurance, and governmental
approvals, if any, necessary to the performance of its obligations under this Contract.
Cost and Price Certification
By submitting cost or price information, the Contractor certifies to the best of its knowledge that
the information submitted is accurate, complete, and current as of the date of its bid or offer.
The price under this Contract and any change order or modification hereunder, including profit or
fee, shall be adjusted to exclude any significant price increases occurring because the Contractor
furnished cost or price information, which as of the date of its bid or offer, was inaccurate,
incomplete, or not current.
25.
Subcontracting; Assignment
The Contractor may not subcontract any portion of the services provided under this Contract
without obtaining the prior written approval of the State of Maryland, nor may the Contractor
assign this Contract or any of its rights or obligations hereunder, without the prior written
approval of the State. Any such subcontract or assignment shall include the terms of sections 13,
and 15 through 28 of this Contract and any other terms and conditions that the State deems
necessary to protect its interests. The State shall not be responsible for the fulfillment of the
Contractor’s obligations to its subcontractors.
26.
Indemnification
26.1
The Contractor shall indemnify the State against liability for any claims, damages, loss, costs,
expenses, suits, or actions of any character arising from or relating to the performance of the
Contractor or its subcontractors under this Contract.
26.2
The State of Maryland has no obligation to provide legal counsel or defense to the Contractor or
its subcontractors in the event that a suit, claim or action of any character is brought by any
person not party to this Contract against the Contractor or its subcontractors as a result of or
relating to the Contractor’s obligations under this Contract.
26.3
The State has no obligation for the payment of any judgments or the settlement of any claims
54
against the Contractor or its subcontractors as a result of or relating to the Contractor’s
obligations under this Contract.
26.4
The Contractor shall immediately notify the Procurement Officer of any claim or suit made or
filed against the Contractor or its subcontractors regarding any matter resulting from or relating to
the Contractor’s obligations under the Contract, and shall cooperate, assist, and consult with the
State in the defense or investigation of any claim, suit, or action made or filed against the State as
a result of or relating to the Contractor’s performance under this Contract.
27.
Commercial Nondiscrimination
27.1
As a condition of entering into this Contract, Contractor represents and warrants that it will
comply with the State’s Commercial Nondiscrimination Policy, as described under Title 19 of the
State Finance and Procurement Article of the Annotated Code of Maryland. As part of such
compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or
national origin, sex, age, marital status, sexual orientation, or on the basis of disability or other
unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of
subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against
any person for reporting instances of such discrimination. Contractor shall provide equal
opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and
private sector subcontracting and supply opportunities, provided that this clause does not prohibit
or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or
are occurring in the marketplace. Contractor understands that a material violation of this clause
shall be considered a material breach of this Agreement and may result in termination of this
Contract, disqualification of Contractor from participating in State contracts, or other sanctions.
This clause is not enforceable by or for the benefit of, and creates no obligation to, any third
party.
27.2
The Contractor shall include the above Commercial Nondiscrimination clause, or similar clause
approved by the DPSCS, in all subcontracts.
27.3
As a condition of entering into this Contract, upon the Maryland Human Relations Commission’s
request, and only after the filing of a complaint against Contractor under Title 19 of the State
Finance and Procurement Article, as amended from time to time, Contractor agrees to provide
within 60 days after the request a complete list of the names of all subcontractors, vendors, and
suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken
within the state of Maryland, including the total dollar amount paid by Contractor on each
subcontract or supply contract. Contractor further agrees to cooperate in any investigation
conducted by the State pursuant to the State’s Commercial Nondiscrimination Policy as set forth
under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland,
and to provide any documents relevant to any investigation that are requested by the State.
Contractor understands that violation of this clause is a material breach of this Contract and may
result in contract termination, disqualification by the State from participating in State contracts,
and other sanctions
28.
Security
28.1
Any person who is an employee or agent of the Contractor or subcontractor and who enters the
premises of a facility under the jurisdiction of the Department may be searched, fingerprinted (for
the purpose of a criminal history background check), photographed and required to wear an
identification card issued by the Department. Further, the Contractor, its employees and agents
55
and subcontractor’s employees and agents shall not violate any provisions of Title 9, Subtitle 4 of
the Criminal Law Article of the Annotated Code of Maryland and such other security regulations
of the Department about which they may be informed from time to time. The failure of any of the
Contractor’s or subcontractor’s employees or agents to comply with any provision of this Section
28 of this contract is sufficient grounds for this Department to immediately terminate this contract
for default.
28.2
The Contractor shall comply with the MD Information Technology Security Policy and Standards
available on line at:
http://www.dbm.maryland.gov/dbm_content/dbm_taxonomy/security/prevention/itssecuritypolici
es.pdf.
29.
Administrative
29.1
Contract Manager. The work to be accomplished under this Contract shall be performed under the
direction of the Contract Manager,
29.2
Notices. All notices hereunder shall be in writing and either delivered personally or sent by
certified or registered mail, postage prepaid as follows:
If to the State:
If to the Contractor: (To be completed by Contractor)
IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set
forth.
CONTRACTOR
By:
___________________________
Date
Witness:_____________________________
MARYLAND DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
____________________________________
By:
___________________________
Date
Witness:_____________________________
Approved for form and legal sufficiency this _________ day of _________________, 2012.
_________________________
Assistant Attorney General
56
ATTACHMENT B
BID/PROPOSAL AFFIDAVIT
BID/PROPOSAL AFFIDAVIT
A. AUTHORITY
I HEREBY AFFIRM THAT:
I, ________________________ (print name), possess the legal authority to make this Affidavit.
B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION
The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing
its bid on this project, the bidder has considered all proposals submitted from qualified, potential
subcontractors and suppliers, and has not engaged in "discrimination" as defined in §19-103 of the State
Finance and Procurement Article of the Annotated Code of Maryland. "Discrimination" means any
disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial
treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion,
ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any
otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's
employees or owners. "Discrimination" also includes retaliating against any person or other entity for
reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this
project, it is understood that, if the certification is false, such false certification constitutes grounds for the
State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based
on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past
4 years where there has been a final adjudicated determination in a legal or administrative proceeding in
the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or
commercial customers, and a description of the status or resolution of that determination, including any
remedial action taken. Bidder agrees to comply in all respects with the State's Commercial
Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the
Annotated Code of Maryland.
B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.
The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority
Business Enterprise Law, State Finance and Procurement Article, §14-308(a)(2), Annotated Code of
Maryland, which provides that, except as otherwise provided by law, a Contractor may not identify a
certified minority business enterprise in a bid or proposal and:
(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business
enterprise to identify the certified minority proposal;
(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion
in the bid or proposal;
(3) Fail to use the certified minority business enterprise in the performance of the contract; or
(4) Pay the certified minority business enterprise solely for the use of its name in the bid or proposal.
57
Without limiting any other provision of the solicitation on this project, it is understood that if the
certification is false, such false certification constitutes grounds for the State to reject the bid submitted by
the bidder on this project, and terminate any contract awarded based on the bid.
C. AFFIRMATION REGARDING BRIBERY CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in
Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or
any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved
in the business's contracting activities including obtaining or performing contracts with public bodies has
been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article,
§6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted
bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal
law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction,
plea, or imposition of probation before judgment with the date, court, official or administrative body, the
sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities
with the business):
____________________________________________________________
____________________________________________________________
___________________________________________________________.
D. AFFIRMATION REGARDING OTHER CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its
officers, directors, partners, controlling stockholders, or any of its employees directly involved in the
business's contracting activities including obtaining or performing contracts with public bodies, has:
(1) Been convicted under state or federal statute of:
(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private
contract; or
(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen
property;
(2) Been convicted of any criminal violation of a state or federal antitrust statute;
(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the
Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18
U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a public or
private contract;
58
(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State
Finance and Procurement Article of the Annotated Code of Maryland;
(5) Been convicted of a violation of §11-205.1 of the State Finance and Procurement Article of the
Annotated Code of Maryland;
(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for
conviction or liability under any law or statute described in subsections (1)—(5) above;
(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection
with the submission of bids or proposals for a public or private contract;
(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy
under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with
regard to a public or private contract; or
(9) Admitted in writing or under oath, during the course of an official investigation or other proceedings,
acts or omissions that would constitute grounds for conviction or liability under any law or statute
described in §§B and C and subsections D(1)—(8) above, except as follows (indicate reasons why the
affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment
with the date, court, official or administrative body, the sentence or disposition, the name(s) of the
person(s) involved and their current positions and responsibilities with the business, and the status of any
debarment):
____________________________________________________________
____________________________________________________________
___________________________________________________________.
E. AFFIRMATION REGARDING DEBARMENT
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its
officers, directors, partners, controlling stockholders, or any of its employees directly involved in the
business's contracting activities, including obtaining or performing contracts with public bodies, has ever
been suspended or debarred (including being issued a limited denial of participation) by any public entity,
except as follows (list each debarment or suspension providing the dates of the suspension or debarment,
the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and
their current positions and responsibilities with the business, the grounds of the debarment or suspension,
and the details of each person's involvement in any activity that formed the grounds of the debarment or
suspension).
____________________________________________________________
____________________________________________________________
___________________________________________________________.
59
F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES
I FURTHER AFFIRM THAT:
(1) The business was not established and it does not operate in a manner designed to evade the application
of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and
Procurement Article of the Annotated Code of Maryland; and
(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business,
except as follows (you must indicate the reasons why the affirmations cannot be given without
qualification):
____________________________________________________________
____________________________________________________________
___________________________________________________________.
G. SUB-CONTRACT AFFIRMATION
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly
entered into a contract with a public body under which a person debarred or suspended under Title 16 of
the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or
indirectly, supplies, services, architectural services, construction related services, leases of real property,
or construction.
H. AFFIRMATION REGARDING COLLUSION
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business has:
(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the
compilation of the accompanying bid or offer that is being submitted;
(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or
price proposal of the bidder or Offeror or of any competitor, or otherwise taken any action in restraint of
free competitive bidding in connection with the contract for which the accompanying bid or offer is
submitted.
I. CERTIFICATION OF TAX PAYMENT
I FURTHER AFFIRM THAT:
Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State
of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State
60
Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as
applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.
J. CONTINGENT FEES
I FURTHER AFFIRM THAT:
The business has not employed or retained any person, partnership, corporation, or other entity, other than
a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for
the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any
person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona
fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the
making of the Contract.
K. ACKNOWLEDGEMENT
I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be
distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of
Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is
subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that
nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be
construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the
State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the
Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the
obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2)
the contract, and (3) other Affidavits comprising part of the contract.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF.
Date: _______________________
By: __________________________________ (print name of Authorized Representative and Affiant)
___________________________________ (signature of Authorized Representative and Affiant)
End Attachment B
61
ATTACHMENT C
CONTRACT AFFIDAVIT
COMAR 21.07.01.25
A. AUTHORITY
I HEREBY AFFIRM THAT:
I, ________________________ (print name), possess the legal authority to make this
Affidavit.
B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION
I FURTHER AFFIRM THAT:
The business named above is a (check applicable box):
(1) Corporation — domestic or foreign;
(2) Limited Liability Company — domestic or foreign;
(3) Partnership — domestic or foreign;
(4) Statutory Trust — domestic or foreign;
(5) Sole Proprietorship.
and is registered or qualified as required under Maryland Law. I further affirm that the above
business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where
it is presently organized, and has filed all of its annual reports, together with filing fees, with the
Maryland State Department of Assessments and Taxation. The name and address of its resident
agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:
Name and Department ID
Number:_____________________________Address:_________________________
and that if it does business under a trade name, it has filed a certificate with the State
Department of Assessments and Taxation that correctly identifies that true name and address
of the principal or owner as:
Name and Department ID Number: ____________________________________________
Address:__________________________________________________.
C. FINANCIAL DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, the provisions of State Finance and
Procurement Article, §13-221, Annotated Code of Maryland, which require that every business
that enters into contracts, leases, or other agreements with the State of Maryland or its agencies
62
during a calendar year under which the business is to receive in the aggregate $100,000 or more
shall, within 30 days of the time when the aggregate value of the contracts, leases, or other
agreements reaches $100,000, file with the Secretary of State of Maryland certain specified
information to include disclosure of beneficial ownership of the business.
D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, Election Law Article, §§14-101 —
14-108, Annotated Code of Maryland, which requires that every person that enters into contracts,
leases, or other agreements with the State of Maryland, including its agencies or a political
subdivision of the State, during a calendar year in which the person receives in the aggregate
$100,000 or more shall file with the State Board of Elections a statement disclosing contributions
in excess of $500 made during the reporting period to a candidate for elective office in any
primary or general election.
E. DRUG AND ALCOHOL FREE WORKPLACE
(Applicable to all contracts unless the contract is for a law enforcement agency and the agency
head or the agency head’s designee has determined that application of COMAR 21.11.08 and
this certification would be inappropriate in connection with the law enforcement agency’s
undercover operations.)
I CERTIFY THAT:
(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this
certification.
(2) By submission of its bid or offer, the business, if other than an individual, certifies and
agrees that, with respect to its employees to be employed under a contract resulting from this
solicitation, the business shall:
(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;
(b) Publish a statement notifying its employees that the unlawful manufacture,
distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is
prohibited in the business' workplace and specifying the actions that will be taken against
employees for violation of these prohibitions;
(c) Prohibit its employees from working under the influence of drugs or alcohol;
(d) Not hire or assign to work on the contract anyone who the business knows, or in the
exercise of due diligence should know, currently abuses drugs or alcohol and is not actively
engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;
63
(e) Promptly inform the appropriate law enforcement agency of every drug-related crime
that occurs in its workplace if the business has observed the violation or otherwise has reliable
information that a violation has occurred;
(f) Establish drug and alcohol abuse awareness programs to inform its employees about:
(i)
The dangers of drug and alcohol abuse in the workplace;
(ii)
The business's policy of maintaining a drug and alcohol free workplace;
(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in
the workplace;
(g) Provide all employees engaged in the performance of the contract with a copy of the
statement required by §E(2)(b), above;
(h) Notify its employees in the statement required by §E(2)(b), above, that as a condition
of continued employment on the contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense
occurring in the workplace not later than 5 days after a conviction;
(i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii),
above, or otherwise receiving actual notice of a conviction;
(j) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving
actual notice of a conviction, impose either of the following sanctions or remedial measures on
any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:
(i) Take appropriate personnel action against an employee, up to and including
termination; or
(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol
abuse assistance or rehabilitation program; and
(k) Make a good faith effort to maintain a drug and alcohol free workplace through
implementation of §E(2)(a)—(j), above.
(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4),
below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing,
possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.
(4) I acknowledge and agree that:
(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and
this certification;
64
(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause
to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or
21.07.03.15, as applicable; and
(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection
with the contract may, in the exercise of the discretion of the Board of Public Works, result in
suspension and debarment of the business under COMAR 21.08.03.
F. CERTAIN AFFIRMATIONS VALID
I FURTHER AFFIRM THAT:
To the best of my knowledge, information, and belief, each of the affirmations, certifications,
or acknowledgements contained in that certain Bid/Proposal Affidavit dated ________ , 20___ ,
and executed by me for the purpose of obtaining the contract to which this Exhibit is attached
remains true and correct in all respects as if made as of the date of this Contract Affidavit and as
if fully set forth herein.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY
THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
Date: ______________
By: __________________________ (printed name of Authorized Representative and Affiant)
_________________________________ (signature of Authorized Representative and Affiant)
65
ATTACHMENT D
PRE-PROPOSAL CONFERENCE SHEET
Project No. Q0013001
PRE-PROPOSAL CONFERENCE RESPONSE FORM
A pre-proposal conference shall be held at 10:00 AM on Thursday, July 25, 2012 at 300 E.
Joppa Road, Towson MD 21286. Please return this form by 2:00 PM, Wednesday, July 25,
2012 advising whether or not you plan to attend. For directions to the meeting site, you may
contact the Procurement Officer at (410) 339-5013.
Return this form to:
Department of Public Safety and Correctional Services
Joselyn Hopkins, Procurement Unit
300 E. Joppa Road, Suite 1000
Towson, MD 21286
Fax # 410 339-4240
Please indicate:
_____ Yes, the following representatives shall be in attendance:
1. _____________________________________________
2. _____________________________________________
3. _____________________________________________
_____ No, we shall not be in attendance.
_____________________________________
Contact Name (Please Print)
_____________________________________
Signature (Date)
____________________________________
Company Name and Title
____________________________________
E-Mail Address
66
ATTACHMENT E NAMES AND LOCATIONS OF DPSCS CORRECTIONAL
FACILITIES WEHRE INMATE PAYPHONES ARE LOCATED AND THE # OF
PAYPHONES AT EACH LOCATIONS
Institution Name
Baltimore City
Detention Center
Industries Bldg
(BCDC Industries
Bldg)
Baltimore City
Detention Center
(BCDC)
The Baltimore City
Booking and Intake
Center (BCBIC)
Maryland
Correctional
Institution –
Hagerstown
(MCIH)
Maryland
Correctional
Training Center
(MCTC)
Roxbury
Correctional
Institution (RCI)
Maryland
Reception,
Diagnostic and
Classification
Center (MRDCC)
Eastern Correctional
Institution (ECI)
Maryland
Correctional
Institution for
Women (MCIW)
# of
Payphones
Institution Address
Region
531 East Madison
Street, Baltimore, MD
21202
37
401 East Madison
Street, Baltimore, MD
21202
300 East Madison
Street, Baltimore, MD
21202
18601 Roxbury Road,
Hagerstown, MD 21746
176
Central Region
75
Central Region
18551 Roxbury Road,
Hagerstown, MD
21746
139
18701 Roxbury Road,
Hagerstown, MD 21746
103
550 East Madison
Street, Baltimore, MD
21202
37
30420 Revells Neck
Road, Westover, MD
21890
P.O. Box 535, 7943
Jessup, MD 20794
167
Central Region
2674
897
77
North Region
2085
North Region
2826
North Region
1730
Central Region
670
South Region
2728
76
840
South Region
67
Average
Daily
Population
(ADP)*
The Patuxent
Institution
P.O. Box 700, Waterloo
Road, Jessup, MD
20794
Maryland
P.O. Box 549,
Correctional
Maryland House of
Institution – Jessup
Correction Road,
(MCIJ)
Jessup, MD 20794
Jessup Correctional
P.O. Box 534,
Institution (JCI)
Maryland House of
Correction Road,
Jessup, MD 20794
Jessup Pre-Release
P.O. Box 5437, 7931
Unit (JPRU)
Brock Bridge Road,
Jessup, MD 20794
Brockbridge
P.O. Box 5437, 7931
Correctional Facility
Brock Bridge Road,
(Jessup) (BCF)
Jessup, MD 20794
Metropolitan
954 Forrest Street,
Transition Center
Baltimore, MD 21202
(MTC)
Central Maryland
P.O. Box 394,
Correctional Facility Sykesville, MD 21784
(CMCF)
Baltimore City
Correctional Center
(BCCC)
Chesapeake
Detention Facility
(Formerly MCAC)
Western
Correctional
Institution (WCI)
Poplar Hill PreRelease Unit
(PHPRU)
Baltimore PreRelease Unit
(BPRU)
Eastern Pre-Release
Unit (EPRU)
Southern Maryland
Pre-Release Unit
(SMPRU)
83
405
South Region
1039
70
153
South Region
1698
64
South Region
588
South Region
623
Central Region
752
Central Region
504
Central Region
498
Central Region
364
North Region
1691
South Region
175
Central Region
185
South Region
176
South Region
175
40
139
52
901 Greenmount Ave,
Baltimore, MD 21202
68
401 East Madison
Street, Baltimore, MD
21202
13800McMullen
Highway, SW
Cumberland, MD
21502
P.O. Box 14, 24090
Nanticoke Road
Quantico, MD 21856
926 Greenmount Ave,
Baltimore, MD 21202
112
P.O. Box 122, Church
Hill, MD 21623
P.O Box 159, Route 1,
Charlotte Hall, MD
20622
16
68
North Region
190
11
44
16
North Branch
Correctional
Institution (NBCI)
Patuxent Re-Entry
Dorsey Run
Correctional Facility
(Facility scheduled
to open Spring
2013)**
TOTAL
14100 McMullen
Highway, SW
Cumberland, MD
21502
319 West Monument
Street, Baltimore, MD
21201
172
2020 Toulson Road,
Jessup, MD 20794
49**
1463
North Region
3
Central Region
South Region
560**
2,169
*The ADPs above are estimated only. The actual number could be higher or lower during the
Contract period and the figures presented do not comprise an estimate or a guarantee.
**This information represents the estimated # of payphones and ADP as this facility will not
open until the Spring of 2013.
69
ATTACHMENT F- CALL HISTORY AND REVENUE
July 1, 2011-June 30, 2012
BALTIMORE CITY DENTENTION CENTER JAIL INDUSTRIES BLDG
Annual
Collect
Minutes
Calls
Revenue
Interlata InterState
18,450
1,900
10,665.00
Interlata IntraState
11,810
1,025
6,156.75
Intralata IntraState
31,175
2,677
10,138.58
Local
3,468,102
280,346
Total
3,529,537
285,948
Debit
Minutes
Calls
Minutes
Monthly
Calls
Revenue
1,538
158
888.75
984
85
513.06
2,598
223
844.88
238,294.10
289,009
23,362
19,857.84
265,254.43
294,128
23,829
22,104.54
Calls
Revenue
Revenue
Minutes
Interlata InterState
6,414
970
1,924.20
535
81
160.35
Interlata IntraState
7,847
1,100
2,354.10
654
92
196.18
Intralata IntraState
4,803
691
1,440.90
400
58
120.08
Local
1,408,921
64,496
32,248.00
117,410
5,375
2,687.33
Total
1,427,985
67,257
37,967.20
118,999
5,605
3,163.93
BALTIMORE CENTRAL BOOKING
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
42,630
4,274
24,359.00
3,553
356
2,029.92
Interlata IntraState
39,180
3,741
21,293.55
3,265
312
1,774.46
Intralata IntraState
85,694
7,207
27,388.59
7,141
601
2,282.38
Local
5,591,011
481,146
408,977.82
465,918
40,096
34,081.49
Total
5,758,515
496,368
482,018.96
479,876
41,364
40,168.25
70
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
BALTIMORE CITY CORRECTIONAL CENTER
Annual
Collect
Minutes
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
23,989
1,661 11,681.40
1,999
138
973.45
Interlata IntraState
68,458
4,337 31,594.20
5,705
361
2,632.85
Intralata IntraState
60,714
3,644 16,106.11
5,060
304
1,342.18
Local
4,148,433
190,258
161,719.30
345,703
15,855
13,476.61
Total
4,301,594
199,900
221,101.01
358,466
16,658
18,425.08
BALTIMORE CITY DETETENTION CENTER
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
50,375
4,956 28,634.10
4,198
413
2,386.18
Interlata IntraState
52,468
5,404 29,520.60
4,372
450
2,460.05
Intralata IntraState
76,432
7,235 27,505.37
6,369
603
2,292.11
Local
6,694,231
584,075
496,468.17
557,853
48,673
41,372.35
Total
6,873,506
601,670
582,128.24
572,792
50,139
48,510.69
71
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
BALTIMORE PRERELEASE
Collect
Annual
Calls
Minutes
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
2,896
244
1,527.60
241
20
127.30
Interlata IntraState
4,120
343
2,110.65
343
29
175.89
Intralata IntraState
4,419
302
1,244.54
368
25
103.71
Local
1,254,628
59,654
50,705.90
104,552
4,971
4,225.49
Grand Total
1,266,063
60,543
55,588.69
105,505
5,045
4,632.39
Minutes
Calls
Debit
Revenue
Minutes
Calls
Revenue
Interlata InterState
2,442
290
732.60
204
24
61.05
Interlata IntraState
1,832
381
549.60
153
32
45.80
Intralata IntraState
3,405
514
1,021.50
284
43
85.13
Local
1,265,418
59,565
29,782.50
105,452
4,964
2,481.88
Total
1,273,097
60,750
32,086.20
106,091
5,063
2,673.85
BROCKBRIDGE CORRECTIONAL FACILITY
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
38,928
2,649
18,830.70
3,244
221
1,569.23
Interlata IntraState
98,895
6,491
46,220.55
8,241
541
3,851.71
Intralata IntraState
40,247
2,884
12,733.66
3,354
240
1,061.14
164,101
8,254
7,016.04
178,940
9,256
13,498.12
99,050 84,192.50
Local
1,969,214
Total
2,147,284
111,074
161,977.41
Debit
Interlata InterState
Minutes
10,123
Calls
1,398
Revenue
72
Minutes
Calls
Revenue
3,041.37
844
117
253.45
Interlata IntraState
17,840
2,922
5,352.00
1,487
244
446.00
Intralata IntraState
7,019
1,184
2,105.70
585
99
175.48
Local
1,013,714
50,699 25,349.50
84,476
4,225
2,112.46
Total
1,048,696
56,203 35,848.57
87,391
4,684
2,987.38
CENTRAL MARYLAND CORRECTIONAL FACILITY
Annual
Collect
Minutes
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
27,590
1,814
13,174.80
2,299
151
1,097.90
Interlata IntraState
74,962
5,424
36,319.80
6,247
452
3,026.65
Intralata IntraState
81,736
6,207
26,425.03
6,811
517
2,202.09
174,037
8,275
7,033.54
189,395
9,395
13,360.17
99,297 84,402.45
Local
2,088,449
Total
2,272,737
112,742
Debit
Minutes
Calls
160,322.08
Revenue
Minutes
Calls
Revenue
Interlata InterState
19,404
2,876
5,821.20
1,617
240
485.10
Interlata IntraState
28,462
5,082
8,538.60
2,372
424
711.55
Intralata IntraState
16,588
2,869
4,976.40
1,382
239
414.70
Local
2,184,921
101,233
50,616.50
182,077
8,436
4,218.04
Total
2,249,375
112,060
69,952.70
187,448
9,338
5,829.39
73
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
EASTERN CORRECTIONAL INSTITUTION
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
196,310
12,779 93,898.92
16,359
1,065
7,824.91
Interlata IntraState
917,891
61,011 430,942.80
76,491
5,084
35,911.90
Intralata IntraState
153,256
10,904 50,285.86
12,771
909
4,190.49
Local In State
5,346,322
240,133
204,113.05
445,527
20,011
17,009.42
Total
6,613,779
324,827
779,240.63
551,148
27,069
64,936.72
Debit
Minutes
Calls
Calls
Revenue
Revenue
Minutes
Interlata InterState
97,482
13,989 29,256.30
8,124
1,166
2,438.03
Interlata IntraState
303,221
44,146 90,966.30
25,268
3,679
7,580.53
183.56
9
2
15.30
11,129.10
3,091
491
927.43
International
Intralata IntraState
111
21
37,097
5,888
Local
6,803,323
304,065
152,032.50
566,944
25,339
12,669.38
Total
7,241,234
368,109
283,567.76
603,436
30,676
23,630.65
74
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
EASTERN PRE-RELEASE
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
10,319
760
5,147.70
860
63
428.98
Interlata IntraState
94,814
6,851
45,914.25
7,901
571
3,826.19
Intralata IntraState
28,175
1,754
8,253.52
2,348
146
687.79
Local
443,503
21,203
18,022.55
36,959
1,767
1,501.88
Total
576,811
30,568
77,338.02
48,068
2,547
6,444.84
Debit
Minutes
Calls
Revenue
Minutes
Calls
Revenue
Interlata InterState
6,325
954
1,897.50
527
80
158.13
Interlata IntraState
23,006
3,667
6,901.80
1,917
306
575.15
Intralata IntraState
5,759
987
1,727.70
480
82
143.98
Local
276,501
12,572
6,286.00
23,042
1,048
523.83
Total
311,591
18,180
16,813.00
25,966
1,515
1,401.08
75
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
JESSUP CORRECTIONAL INSTITUTION
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
89,135
5,573
42,753.34
7,428
464
3,562.78
Interlata IntraState
194,877
13,426
92,699.40
16,240
1,119
7,724.95
Intralata IntraState
96,227
5,341
25,620.05
8,019
445
2,135.00
Local
4,815,845
225,871
191,990.35
401,320
18,823
15,999.20
Total
5,196,084
250,211
353,063.14
433,007
20,851
29,421.93
Debit
Minutes
Calls
Revenue
Calls
Revenue
Minutes
Interlata InterState
78,070
9,564
23,539.60
6,506
797
1,961.63
Interlata IntraState
83,278
10,997
24,983.40
6,940
916
2,081.95
21
132.30
12
2
11.03
2,784
5,771.70
1,603
232
480.98
International
Intralata IntraState
146
19,239
Local
4,903,469
233,102
116,551.00
408,622
19,425
9,712.58
Total
5,084,202
256,468
170,978.00
423,684
21,372
14,248.17
76
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
JESSUP PRE-RELEASE
Collect
Annual
Calls
Minutes
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
32,499
2,276
15,894.90
2,708
190
1,324.58
Interlata IntraState
129,871
9,038
62,008.20
10,823
753
5,167.35
Intralata IntraState
71,848
4,800
21,582.90
5,987
400
1,798.58
Local
2,969,324
138,754
117,940.90
247,444
11,563
9,828.41
Total
3,203,542
154,868
217,426.90
266,962
12,906
18,118.91
Debit
Minutes
Calls
Revenue
Calls
Revenue
Minutes
Interlata InterState
20,117
2,633
6,035.10
1,676
219
502.93
Interlata IntraState
25,998
4,002
7,799.40
2,167
334
649.95
International
3
2
9.60
0
0
0.80
Intralata IntraState
5,159
943
1,547.70
430
79
128.98
Local
1,492,007
67,535
33,767.50
124,334
5,628
2,813.96
Total
1,543,284
75,115
49,159.30
128,607
6,260
4,096.61
77
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
CHESAPEAKE DETENTION FACILITY (FORMERLY MCAC)
Annual
Collect
Minutes
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
76,868
5,088
36,798.00
6,406
424
3,066.50
Interlata IntraState
115,965
8,596
56,709.30
9,664
716
4,725.78
Intralata IntraState
73,110
4,141
19,144.07
6,093
345
1,595.34
Local
5,048,089
228,386
194,128.10
420,674
19,032
16,177.34
Total
5,314,032
246,211
306,779.47
442,836
20,518
25,564.96
Debit
Minutes
Calls
Calls
Revenue
Revenue
Minutes
Interlata InterState
31,121
5,478
9,447.40
2,593
457
787.28
Interlata IntraState
25,203
3,637
7,560.90
2,100
303
630.08
International
510
102
43
9
52.35
Intralata IntraState
6,624
923
552
77
165.60
628.23
1,987.20
Local
2,844,649
128,111
64,055.50
237,054
10,676
5,337.96
Total
2,908,107
138,251
83,679.23
242,342
11,521
6,973.27
78
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
MARYLAND CORRECTIONAL TRAINING CENTER (MCTC)
Annual
Collect
Minutes
Calls
Revenue
Interlata InterState
172,051
11,291
Interlata IntraState
955,558
63,456
Intra Out of State
5,459
330
Intralata IntraState
129,305
7,593
82,349.20
448,470.00
2,528.70
33,840.12
Minutes
Monthly
Calls
Revenue
14,338
941
6,862.43
79,630
5,288
37,372.50
455
28
210.73
10,775
633
2,820.01
Local
5,147,742
239,796
203,826.60
428,979
19,983
16,985.55
Total
6,410,115
322,466
771,014.62
534,176
26,872
64,251.22
Debit
Minutes
Calls
Calls
Revenue
Revenue
Minutes
Interlata InterState
97,195
13,047
29,261.72
8,100
1,087
2,438.48
Interlata IntraState
299,649
41,166
89,894.70
24,971
3,431
7,491.23
International
167
29
173.46
14
2
14.46
Intra Out of State
2,849
382
854.70
237
32
71.23
Intralata IntraState
18,018
2,481
1,502
207
450.45
5,405.40
Local
4,600,929
208,770
104,385.00
383,411
17,398
8,698.75
Total
5,018,807
265,875
229,974.98
418,234
22,156
19,164.58
79
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
MARYLAND RECEPTION RECEPTION,DIAGNOSITIC & CLASSIFICATION CENTER
Annual
Collect
Minutes
Calls
Revenue
Minutes
Monthly
Calls
Revenue
455
2,564.30
1,627
8,813.41
728
2,670.62
Interlata InterState
53,367
5,461
30,771.60
4,447
Interlata IntraState
186,557
19,527
105,760.95
15,546
Intralata IntraState
86,068
8,731
32,047.47
7,172
Local
2,234,414
202,254
171,915.90
186,201
16,855
14,326.33
Total
2,560,406
235,973
340,495.92
213,367
19,664
28,374.66
Debit
Minutes
Calls
Revenue
Calls
Revenue
Minutes
Interlata InterState
1,483
263
444.90
124
22
37.08
Interlata IntraState
2,928
451
878.40
244
38
73.20
Intralata IntraState
894
140
268.20
75
12
22.35
Local
148,656
10,761
5,380.50
12,388
897
448.38
Total
153,961
11,615
6,972.00
12,830
968
581.00
80
ATTACHMENT F
CALL HISTORY AND REVENUE Cont
MCI HAGERSTOWN
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
90,631
5,375
41,701.80
7,553
448
3,475.15
Interlata IntraState
584,073
37,692
271,336.50
48,673
3,141
22,611.38
Intra Out of State
1,091
56
478.50
91
5
39.88
Intralata IntraState
58,029
3,591
15,537.49
4,836
299
1,294.79
Local
2,327,126
105,524
89,695.40
193,927
8,794
7,474.62
Total
3,060,950
152,238
418,749.69
255,079
12,687
34,895.81
Debit
Minutes
Calls
Revenue
Calls
Revenue
Minutes
Interlata InterState
115,016
11,701
34,867.43
9,585
975
2,905.62
Interlata IntraState
324,625
39,550
97,387.50
27,052
3,296
8,115.63
International
822
117
1,494.87
69
10
124.57
Intra Out of State
1,500
191
450.00
125
16
37.50
Intralata IntraState
16,872
2,105
5,061.60
1,406
175
421.80
Local
2,828,794
127,314
63,657.00
235,733
10,610
5,304.75
Total
3,287,629
180,978
202,918.40
273,969
15,082
16,909.87
81
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
MCI JESSUP
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
45,665
3,166
22,307.32
3,805
264
1,858.94
Interlata IntraState
99,698
7,137
48,106.20
8,308
595
4,008.85
Intralata IntraState
77,350
4,326
21,024.73
6,446
361
1,752.06
Local
2,070,081
103,546
88,014.10
172,507
8,629
7,334.51
Total
2,292,794
118,175
179,452.35
191,066
9,848
14,954.36
Debit
Minutes
Calls
Revenue
Minutes
Calls
Revenue
Interlata InterState
35,494
4,411
10,651.08
2,958
368
887.59
Interlata IntraState
42,999
6,128
12,899.70
3,583
511
1,074.98
International
788
196
1,255.81
66
16
104.65
Intralata IntraState
12,798
1,944
3,839.40
1,067
162
319.95
Local
2,358,971
113,212
56,606.00
196,581
9,434
4,717.17
Total
2,451,050
125,891
85,251.99
204,254
10,491
7,104.33
82
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
MARYLAND CORRECTIONAL INSTITUTION FOR WOMEN
Annual
Collect
Minutes
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
78,268
5,453
38,203.50
6,522
454
3,183.63
Interlata IntraState
158,811
11,603
77,223.30
13,234
967
6,435.28
Intralata IntraState
96,458
6,711
30,742.21
8,038
559
2,561.85
84,435.60
155,645
8,278
7,036.30
183,440
10,259
19,217.05
Calls
Revenue
Local
1,867,740 99,336
Total
2,201,277 123,103
Debit
Minutes
Calls
230,604.61
Revenue
Minutes
Interlata InterState
52,121
7,481
15,643.75
4,343
623
1,303.65
Interlata IntraState
68,924
10,936
20,677.20
5,744
911
1,723.10
Intralata IntraState
23,275
3,998
6,982.50
1,940
333
581.88
201,414
10,155
5,077.71
213,441
12,023
8,686.33
Local
2,416,972 121,865
Total
2,561,292 144,280
60,932.50
104,235.95
83
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
METROPOLITAN TRANSITION CNTR
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
24,757
1,586
12,516.96
2,063
132
1,043.08
Interlata IntraState
59,563
4,299
28,831.35
4,964
358
2,402.61
Intralata IntraState
51,430
3,353
14,720.76
4,286
279
1,226.73
Local In State
3,921,939
178,167
151,441.95
326,828
14,847
12,620.16
Total
4,057,689
187,405
207,511.02
338,141
15,617
17,292.59
Debit
Minutes
Calls
Calls
Revenue
Revenue
Minutes
Interlata InterState
11,120
1,722
3,336.00
927
144
278.00
Interlata IntraState
8,383
1,384
2,514.90
699
115
209.58
Intralata IntraState
4,466
778 1,339.80
372
65
111.65
Local
1,616,667
73,800
36,900.00
134,722
6,150
3,075.00
Total
1,640,636
77,684
44,090.70
136,720
6,474
3,674.23
84
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
NORTH BRANCH CORRECTIONS
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
68,588
4,330
32,267.40
5,716
361
2,688.95
Interlata IntraState
266,958
17,201
123,949.95
22,247
1,433
10,329.16
30
144.00
18
3
12.00
652
3,792.93
1,014
54
316.08
Intra Out of State
Intralata IntraState
210
12,166
Local
737,870
35,458
30,139.30
61,489
2,955
2,511.61
Total
1,085,792
57,671
190,293.58
90,483
4,806
15,857.80
Debit
Minutes
Calls
Revenue
Minutes
Calls
Revenue
Interlata InterState
59,823
7,852
18,065.81
4,985
654
1,505.48
Interlata IntraState
133,302
20,480
39,990.60
11,109
1,707
3,332.55
International
317
54
385.18
26
5
32.10
Intra Out of State
204
17
61.20
17
1
5.10
825
1,785.30
496
69
148.78
Intralata IntraState
5,951
Local In State
2,922,094
140,786
70,393.00
243,508
11,732
5,866.08
Total
3,121,691
170,014
130,681.09
260,141
14,168
10,890.09
85
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
PATUXENT RE-ENTRY FACILITY
Collect
Annual
Calls
Minutes
Interlata InterState
187
Interlata IntraState
10,846
Intralata IntraState
347
Revenue
Minutes
Monthly
Calls
Revenue
16
99.30
16
1
8.28
865
5,459.55
904
72
454.96
24
102.30
29
2
8.53
Local
44,504
1,881
1,598.85
3,709
157
133.24
Total
55,884
2,786
7,260.00
4,657
232
605.00
Debit
Minutes
Calls
Revenue
Minutes
Calls
Revenue
Interlata InterState
259
19
77.70
22
2
6.48
Interlata IntraState
947
79
284.10
79
7
23.68
Intralata IntraState
85
3
25.50
7
0
2.13
Local
140,622
5,827
2,913.50
11,719
486
242.79
Total
141,913
5,928
3,300.80
11,826
494
275.07
86
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
PATUXENT INSTITUTION
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
46,901
2,935
21,994.80
3,908
245
1,832.90
Interlata IntraState
126,852
8,163
58,871.25
10,571
680
4,905.94
Intralata IntraState
61,660
3,572
17,210.60
5,138
298
1,434.22
Local In State
2,379,142
112,195
95,365.75
198,262
9,350
7,947.15
Total
2,614,555
126,865
193,442.40
217,880
10,572
16,120.20
Debit
Minutes
Calls
Revenue
Calls
Revenue
Minutes
Interlata InterState
22,547
2,659
6,764.10
1,879
222
563.68
Interlata IntraState
30,774
4,478
9,232.20
2,565
373
769.35
Intralata IntraState
10,965
1,357
3,289.50
914
113
274.13
Local In State
2,273,304
102,342
51,171.00
189,442
8,529
4,264.25
Total
2,337,590
110,836
70,456.80
194,799
9,236
5,871.40
87
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
POPLAR HILL PRE-RELEASE
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
10,006
673
4,818.90
834
56
401.58
Interlata IntraState
27,300
2,134
13,631.70
2,275
178
1,135.98
Intralata IntraState
10,971
775
3,360.16
914
65
280.01
Local
525,534
24,677
20,975.45
43,795
2,056
1,747.95
Total
573,811
28,259
42,786.21
47,818
2,355
3,565.52
Debit
Minutes
Calls
Revenue
Minutes
Calls
Revenue
Interlata InterState
8,209
1,273
2,462.70
684
106
205.23
Interlata IntraState
15,593
2,737
4,677.90
1,299
228
389.83
Intralata IntraState
2,980
412
894.00
248
34
74.50
Local In State
914,118
41,677
20,838.50
76,177
3,473
1,736.54
Total
940,900
46,099
28,873.10
78,408
3,842
2,406.09
88
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
ROXBURY CORRECTIONAL
Collect
Annual
Calls
Minutes
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
70,024
4,584
33,825.54
5,835
382
2,818.80
Interlata IntraState
503,051
33,067
235,233.60
41,921
2,756
19,602.80
12
88.80
16
1
7.40
1,406
6,402.01
1,942
117
533.50
Intra Out of State
Intralata IntraState
188
23,300
Local
1,589,686
77,247
65,659.95
132,474
6,437
5,471.66
Total
2,186,249
116,316
341,209.90
182,187
9,693
28,434.16
Debit
Minutes
Calls
Revenue
Minutes
Calls
Revenue
Interlata InterState
73,402
9,118
22,940.18
6,117
760
1,911.68
Interlata IntraState
260,520
36,372
78,156.00
21,710
3,031
6,513.00
65
7
93.92
5
1
7.83
405
27
121.50
34
2
10.13
1,134
2,425.50
674
95
202.13
International
Intra Out of State
Intralata IntraState
8,085
Local
2,791,405
131,078
65,539.00
232,617
10,923
5,461.58
Total
3,133,882
177,736
169,276.10
261,157
14,811
14,106.34
89
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
SOUTHERN PRE-RELEASE
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
7,963
509
3,763.20
664
42
313.60
Interlata IntraState
51,074
3,049
23,097.15
4,256
254
1,924.76
Intra Out of State
13,413
793
6,165.00
1,118
66
513.75
Intralata IntraState
94,326
6,447
28,043.59
7,861
537
2,336.97
Local
482,559
22,544
19,162.40
40,213
1,879
1,596.87
Total
649,335
33,342
80,231.34
54,111
2,779
6,685.95
Debit
Minutes
Calls
Revenue
Minutes
Calls
Revenue
Interlata InterState
5,502
688
1,650.60
459
57
137.55
Interlata IntraState
16,161
2,630
4,848.30
1,347
219
404.03
Intra Out of State
13,022
2,106
3,906.60
1,085
176
325.55
Intralata IntraState
26,541
4,326
7,962.30
2,212
361
663.53
Local
449,881
20,749
10,374.50
37,490
1,729
864.54
Total
511,107
30,499
28,742.30
42,592
2,542
2,395.19
90
ATTACHMENT F
CALL HISTORY AND REVENUE Cont.
WESTERN CORRECTIONAL INSTITUTION
Collect
Minutes
Annual
Calls
Revenue
Minutes
Monthly
Calls
Revenue
Interlata InterState
78,857
4,977
37,111.08
6,571
415
3,092.59
Interlata IntraState
483,972
31,388
225,231.00
40,331
2,616
18,769.25
994.80
156
13
82.90
Intra Out of State
Intralata IntraState
1,867
161
56,354
3,026
17,074.14
4,696
252
1,422.85
Local
1,722,849
78,167
66,446.50
143,571
6,514
5,537.21
Total
2,343,899
117,719
346,857.52
195,325
9,810
28,904.79
Debit
Minutes
Calls
Revenue
Minutes
Calls
Revenue
Interlata InterState
99,391
12,631
29,919.15
8,283
1,053
2,493.26
Interlata IntraState
278,964
41,683
83,689.20
23,247
3,474
6,974.10
International
101
23
133.64
8
2
11.14
Intra Out of State
775
232.50
65
11
19.38
4,913.70
1,365
206
409.48
Intralata IntraState
127
16,379
2,469
Local
3,961,919
178,071
89,035.50
330,160
14,839
7,419.63
Total
4,357,529
235,004
207,923.69
363,127
19,584
17,326.97
Minutes
Calls
Revenue
Minutes
Calls
Revenue
Grand Total Collect
77,146,240 4,497,248
7,012,148.14
6,428,853
374,771
584,345.68
Grand Total Debit
52,745,558 2,734,832
2,092,749.86
4,395,463
227,903
174,395.82
91
ATTACHMENT G LOCAL CALL HISTORY BY LOCATION
July 1, 2011- June 30, 2012
Location
Baltimore City Detention Center
Patuxent Re-Entry
Baltimore City Detention Center
Baltimore Central Booking
MCI- Hagerstown
Maryland Correctional Training Center
Roxbury Correctional Institution
Maryland Reception, Diagnostic &
Classification Center
Eastern Correctional Institution
MCIW
Patuxent
MCIJ
Jessup Correctional Institution
Jessup Pre-Release Unit
Brockbridge Correctional Facility
Metropolitan Transit Center
Central Maryland Correctional Facility
Baltimore City Correctional Center
Chesapeake Detention Facility (Formerly
MCAC)
Western Correctional Institution
Poplar Hill Pre-Release
Baltimore Pre-release
Eastern Pre-Release
Southern Maryland Pre-Release
North Branch Correctional Institution
Local Calls
Local Minutes
344,842
7,708
584,075
481,146
232,838
448,566
208,325
213,015
4,877,023
185,126
6,694,231
5,591,011
5,155,920
9,748,671
4,381,091
2,383,070
544,198
221,201
214,537
216,758
458,973
206,289
149,749
251,967
200,530
190,258
356,497
12,149,645
4,284,712
4,652,446
4,429,052
9,719,314
4,461,331
2,982,928
5,538,606
4,273,370
4,148,433
7,892,738
256,238
66,354
119,219
33,775
43,293
176,244
5,684,768
1,439,652
2,520,046
720,004
932,440
3,659,964
There are plans to add an additional 49 phones at MCIH and JCI within the next 3 to 6 months.
92
ATTACHMENT H
LONG DISTANCE CALL HISTORY BY LOCATION
Location
Baltimore City Detention Center
Patuxent Re-Entry
Baltimore City Detention Center
Baltimore Central Booking
MCI- Hagerstown
Maryland Correctional Training Center
Roxbury Correctional Institution
Maryland Reception, Diagnostic &
Classification Center
Eastern Correctional Institution
MCIW
Patuxent
MCIJ
Jessup Correctional Institution
Jessup Pre-Release Unit
Brockbridge Correctional Facility
Metropolitan Transit Center
Central Maryland Correctional Facility
Baltimore City Correctional Center
Chesapeake Detention Facility (Formerly
MCAC)
Western Correctional Institution
Poplar Hill Pre-Release
Baltimore Pre-release
Eastern Pre-Release
Southern Maryland Pre-Release
North Branch Correctional Institution
93
Toll Calls
Toll Minutes
8,363
1,006
17,595
15,222
100,378
139,775
85,727
34,573
80,499
12,671
179,275
167,504
1,192,659
1,680,251
939,040
331,297
148,738
46,182
23,164
27,308
47,706
23,694
17,528
13,122
24,272
9,642
1,705,368
477,857
299,699
314,792
560,972
285,495
213,052
159,719
248,742
153,161
27,965
96,485
8,004
2,074
14,973
20,548
51,441
329,401
1,016,660
75,059
19,114
168,398
228,002
547,519
ATTACHMENT I
•
•
•
•
CALL TYPES AND LOCAL ACCESS TRANSPORT
AREAS IN MARYLAND
Local Calls are within the local community of your business or residence, they are not defined
on the map below, but a list of local exchanges that you can call is available based on your phone
number either on line or in your local carriers’ phone book
IntraLATA Calls are calls that originate and terminate within one of the shaded areas on the
Map below. There are 4 different Local Access Transport Areas(LATAs) in Maryland
InterLATA Calls are calls between the different shaded LATAs on the map below, but
generally still within Maryland
Interstate Calls are calls that originate in Maryland and are completed to a number in a different
state
94
ATTACHMENT J
LIVING WAGE REQUIREMENTS
Living Wage Requirements for Service Contracts
A.
This contract is subject to the Living Wage requirements under Title 18, State Finance and
Procurement Article, Annotated Code of Maryland and the regulations proposed by the
Commissioner of Labor and Industry. The Living Wage generally applies to a Contractor or
Subcontractor who performs work on a State contract for services that is valued at $100,000 or more.
An employee is subject to the Living Wage if he/she is at least 18 years old or will turn 18 during the
duration of the contract; works at least 13 consecutive weeks on the State Contract and spends at least
one-half of the employee’s time during any work week on the State Contract.
B.
The Living Wage Law does not apply to:
(1)
A Contractor who:
(A)
(B)
(2)
(3)
has a State contract for services valued at less than $100,000, or
employs 10 or fewer employees and has a State contract for services valued at
less than $500,000.
A Subcontractor who:
(A)
performs work on a State contract for services valued at less than $100,000,
(B)
employs 10 or fewer employees and performs work on a State contract for
services valued at less than $500,000, or
(C)
performs work for a Contractor not covered by the Living Wage Law as defined
in B(1)(B) above, or B (3) or C below.
Service contracts for the following:
(A)
services with a Public Service Company;
(B)
services with a nonprofit organization;
(C)
services with an officer or other entity that is in the Executive Branch of the State
government and is authorized by law to enter into a procurement (“Unit”); or
(D)
services between a Unit and a County or Baltimore City.
C.
If the Unit responsible for the State contract for services determines that application of the Living Wage
would conflict with any applicable Federal program, the Living Wage does not apply to the contract or
program.
D.
A Contractor must not split or subdivide a State contract for services, pay an employee through a third
party, or treat an employee as an independent contractor or assign work to employees to avoid the
imposition of any of the requirements of Title 18, State Finance and Procurement, Annotated Code of
95
Maryland.
E.
Each Contractor/Subcontractor, subject to the Living Wage Law, shall post in a prominent and easily
accessible place at the work site(s) of covered employees a notice of the Living Wage Rates, employee
rights under the law, and the name, address, and telephone number of the Commissioner.
F.
The Commissioner of Labor and Industry shall adjust the wage rates by the annual average increase
or decrease, if any, in the Consumer Price Index for all urban consumers for the
Washington/Baltimore metropolitan area, or any successor index, for the previous calendar year, not
later than 90 days after the start of each fiscal year. The Commissioner shall publish any adjustments
to the wage rates on the Division of Labor and Industry’s Website. An employer subject to the Living
Wage Law must comply with the rate requirements during the initial term of the contract and all
subsequent renewal periods, including any increases in the wage rate, required by the Commissioner,
automatically upon the effective date of the revised wage rate.
G.
A Contractor/Subcontractor who reduces the wages paid to an employee based on the employer’s
share of the health insurance premium, as provided in §18-103(c), State Finance and Procurement
Article, Annotated Code of Maryland, shall not lower an employee’s wage rate below the minimum
wage as set in §3-413, Labor and Employment Article, Annotated Code of Maryland. A
Contractor/Subcontractor who reduces the wages paid to an employee based on the employer’s share
of health insurance premium shall comply with any record reporting requirements established by the
Commissioner of Labor and Industry.
H.
A Contractor/Subcontractor may reduce the wage rates paid under §18-103(a), State Finance and
Procurement, 6Annotated Code of Maryland, by no more than 50 cents of the hourly cost of the
employer’s contribution to an employee’s deferred compensation plan. A Contractor/Subcontractor
who reduces the wages paid to an employee based on the employer’s contribution to an employee’s
deferred compensation plan shall not lower the employee’s wage rate below the minimum wage as set
in §3-413, Labor and Employment Article, Annotated Code of Maryland.
I.
Under Title 18, State and Finance Procurement Article, Annotated Code of Maryland, if the
Commissioner determines that the Contractor/Subcontractor violated a provision of this title or
regulations of the Commissioner, the Contractor/Subcontractor shall pay restitution to each affected
employee, and the State may assess liquidated damages of $20 per day for each employee paid less
than the Living Wage.
J.
Information pertaining to reporting obligations may be found by going to the DLLR Website
http://www.dllr.state.md.us/ and clicking on Living Wage.
96
Attachment
Affidavit of Agreement
Maryland Living Wage Requirements-Service Contracts
Contract No. DPSCS Q0013001 – LOCAL AND LONG DISTANCE PAYPHONE AND
SERVICE
Name of Contractor _______________________________________________________
Address_____________________________________________________________
City_________________________________ State________ Zip Code_______________
If the Contract is Exempt from the Living Wage Law
The Undersigned, being an authorized representative of the above named Contractor, hereby
affirms that the Contract is exempt from Maryland’s Living Wage Law for the following reasons
(check all that apply):
Bidder/Offeror is a nonprofit organization
Bidder/Offeror is a public service company
Bidder/Offeror employs 10 or fewer employees and the proposed contract
value is less than $500,000
Bidder/Offeror employs more than 10 employees and the proposed contract
value is less than $100,000
If the Contract is a Living Wage Contract
A.
Advertising Consultant
The
Undersigned,
being
an
authorized
representative of the above named Contractor, hereby affirms our commitment to
comply with Title 18, State Finance and Procurement Article, Annotated Code of
Maryland and, if required, to submit all payroll reports to the Commissioner of
Labor and Industry with regard to the above stated contract. The Bidder/Offeror
agrees to pay covered employees who are subject to living wage at least the living
wage rate in effect at the time service is provided for hours spent on State contract
activities, and to ensure that its Subcontractors who are not exempt also pay the
required living wage rate to their covered employees who are subject to the living
wage for hours spent on a State contract for services. The Contractor agrees to
comply with, and ensure its Subcontractors comply with, the rate requirements
during the initial term of the contract and all subsequent renewal periods,
including any increases in the wage rate established by the Commissioner of
Labor and Industry, automatically upon the effective date of the revised wage rate.
97
Attachment (continued)
Affidavit of Agreement
Maryland Living Wage Requirements-Service Contracts
B.
_____________________ (initial here if applicable) The Bidder/Offeror affirms it has no
covered employees for the following reasons: (check all that apply):
The employee(s) proposed to work on the contract will spend less than one-half of
the employee’s time during any work week on the contract
The employee(s) proposed to work on the contract is 17 years of age or younger
during the duration of the contract; or
The employee(s) proposed to work on the contract will work less than 13
consecutive weeks on the State contract.
The Commissioner of Labor and Industry reserves the right to request payroll records and
other data that the Commissioner deems sufficient to confirm these affirmations at any time.
Name of Authorized Representative: ____________________________________
_____________________________________________________________________
Signature of Authorized Representative
Date
Advertising Consultant
_____________________________________________________________________
Title
_____________________________________________________________________
Witness Name (Typed or Printed)
______________________________________________________________________
Witness Signature
Date
98
ATTACHMENT K
ELECTRONIC FUNDS TRANSFER (EFT) REGISTRATION REQUEST FORM
State of Maryland
Comptroller of Maryland
Vendor Electronic Funds Transfer (EFT) Registration Request Form
Date of request ____________________________
Business identification information (Address to be used in case of default to check):
Business/Individual name _____________________________________________________________
Address line 1 ______________________________________________________________________
Address line 2 ______________________________________________________________________
City _________________________ State ________ Zip code
Taxpayer identification number:
Federal Employer Identification Number:
(or)
Social Security Number:
Business contact name, title, e-mail and phone number including area code. (And address if different from
above):
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Financial institution information:
Name and address ___________________________________________________________________
__________________________________________________________________________________
Contact name, phone number (include area code) ___________________________________________
__________________________________________________________________________________
ABA number
Account number
Checking
Money Market
Savings
Account type
Format Desired: ______CCD+ ______CTX* _____EDI*
(Check one.)
*Note – There may be a charge to you by your bank with this format. You must
contact your bank to receive this format.
A VOIDED CHECK from the bank account must be attached or letter from the bank confirming
the account number.
COT/GAD X-10
99
Transaction requested:
1. ___ Initiate all disbursements via EFT to the above account.
2. ___ Discontinue disbursements via EFT, effective _______________________
3. ___ Change the bank account to above information – a copy of the approved Registration Form for the previous
bank account shall be attached.
I am authorized by *___________________________________________________________ (hereinafter Company) to
make the representations contained in this paragraph. Company authorizes the Comptroller and the Treasurer of
Maryland to register it for electronic funds transfer (EFT) using the information contained in this registration form.
Company agrees to receive all funds from the State of Maryland by electronic funds transfer according to the terms of
the EFT program. Company agrees to return to the State of Maryland any EFT payment incorrectly disbursed by
the State of Maryland to the Company’s account. Company agrees to hold harmless the State of Maryland and its
agencies and departments for any delays or errors caused by inaccurate or outdated registration information or by
the financial institution listed above.
*Name of registering business entity
____________________________________________________________________________________
Signature of individual, company treasurer, controller, or chief financial officer and date
Completed by GAD/STO
Date Received ________________________________________________________________________
GAD registration information verified _______________________
Date to STO ________________
STO registration information verified _______________________
Date to GAD ________________
R*STARS Vendor No. and Mail Code Assigned:
______________________________________________________
__________________________
_________________________________
__________________________________________
State Treasurer’s Office approval date
General Accounting Division approval date
____________________________________________________________________________________
To Requestor:
Please retain a copy of this form for your records. Please allow approximately 30 days from the date of your
request for the Comptroller’s and Treasurer’s Offices to process your request. Failure to maintain current
information with this office could result in errors in payment processing. If you have any questions, please call
the EFT registration desk at 410-260-7375.
Please submit form to:
EFT Registration, General Accounting Division
Room 205, P.O. Box 746
Annapolis, Maryland 21404-0746
(or) Fax: 410-974-2309
Instructions: Electronic Funds Transfer instructions are located: http://compnet.comp.state.md.us/gad. Questions may be requested by
email, gad@comp.state.md.us. or call 1-888-784-0144.
100
ATTACHMENT L
FINANCIAL PROPOSAL SHEET INSRUCTIONS
Page 1- Attachment M- Debit/Prepaid Call Rates
Offerors are to insert their rates on Page 1 of Attachment M for the following:
• Debit/Prepaid Local Calls (B4 of Page 1)
• Debit/Prepaid IntraLATA Calls- 1st minute (B6 of Page 1)**
• Debit/Prepaid IntraLATA Calls- Add’l minute (B7 of Page 1)
• Debit/Prepaid InterLATA Calls- 1st minute (B9 of Page 1)**
• Debit/Prepaid InterLATA Calls- Add’l minute (B10 of Page 1)
• Debit/Prepaid Interstate Calls- 1st minute (B12)
• Debit/Prepaid Interstate Calls- Add’l minute (B13)
• Commission Rate for Debit/Prepaid Calls- Local, InterLATA, IntraLATA and Interstate
Calls (D17 of the Page 1)
• Offeror’s are to fill in the vendor name, address, federal identification number and sign
and date the bottom of Page 1.
** The rate for the first minute of any Debit/Prepaid IntraLATA, InterLATA or Interstate call shall
include the first minute of the call plus any surcharge fees to set up the call.
The following information will be automatically populated when the information above is inserted:
• Total Cost to the Consumer for Debit/Prepaid Local Calls (D4)
• Total Cost to the Consumer for Debit/Prepaid IntraLATA Calls- 1st minute (D6)
• Total Cost to the Consumer for Debit/Prepaid IntraLATA Calls- Add’l minute (D7)
• Total Cost to the Consumer for Debit/Prepaid InterLATA Calls- 1st minute (D9)
• Total Cost to the Consumer for Debit/Prepaid InterLATA Calls- Add’l minute(D10)
• Total Cost to Consumer for Debit/Prepaid Interstate Calls- 1st minute (D12)
• Total Cost to Consumer for Debit/Prepaid Interstate Calls- Add’l minute (D13)
• Total 1 year Cost to Consumer for Debit/Prepaid Calls (D15)
• Total 3 year Cost to Consumer for Debit/Prepaid Calls (D16)
• Total 3 year Revenue to the State for Debit/Prepaid Calls (D18)
Page 2- Attachment M- Collect Call Rates
Offerors are to insert their rates on Page 2 of Attachment M for the following:
• Collect Local Calls (B 4 of Page 2)
• Collect IntraLATA Calls- 1st minute (B6 of Page 2)**
• Collect IntraLATA Calls- Add’l minute (B7 of Page 2)
• Collect InterLATA Calls- 1st minute (B9 of Page 2)**
• Collect InterLATA Calls- Add’l minute (B10 of Page 2)
• Collect Interstate- 1st minute (B12 of Page 2)
• Collect Interstate- Add’l minute (B13 of Page 2)
• Commission Rate for Collect Local Calls (D17 of Page 2)
101
•
Commission Rate for Collect InterLATA, IntraLATA and Interstate Calls (D18 of Page
2)
** The rate for the first minute of any Collect IntraLATA , InterLATA or Interstate call shall include the
first minute of the call plus any surcharge fees to set up the call.
The following information will be automatically populated when the information above is inserted:
• Total Cost to the Consumer for Collect Local Calls (D4)
• Total Cost to the Consumer for Collect IntraLATA Calls- 1st minute (D6)
• Total Cost to the Consumer for Collect IntraLATA Calls- Add’l minute (D7)
• Total Cost to the Consumer for Collect InterLATA Calls- 1st minute (D9)
• Total Cost to the Consumer for Collect InterLATA Calls- Add’l minute(D10)
• Total Cost to Consumer for Collect Interstate Calls- 1st minute (D12)
• Total Cost to Consumer for Collect Interstate Calls- Add’l minute (D13)
• Total 1 year Cost to Consumer for Collect Calls (D15)
• Total 3 year Cost to Consumer for Collect Calls (D16)
• Total 3 year Revenue to the State for Collect Local Calls (D19)
• Total 3 year Revenue to the State for Collect InterLATA, IntraLATA and Interstate Calls
(D20)
Page 3- Attachment M- Fees
Offerors are to insert their fees for each type of fee listed on Page 3- Attachment M. No other fees will
be allowable under any resulting contract.
The total fees to the consumer and the 3 year total cost to the consumer for fees will be automatically
calculated.
Page 4- Attachment M- Summary of Costs and Revenue
All information on Summary Sheet- Page 4 will be automatically populated from Pages 1, 2 and 3.
Page 5- Attachment M- International Rates
Offerors are to insert their international peak rates per minute and international evening and weekend
rates for each county listed on Page 5- Attachment M.
Offerors may propose a bid at or below the not-to-exceed rates identified in Section 5.7 . Offerors proposing
rates which exceed these maximum call rates will be deemed not reasonably susceptible of being selected
for award and will be eliminated from further consideration.
102
ATTACHMENT M FINANCIAL PROPOSAL FORM
(See attached Excel spreadsheet)
103
I
DPSCS Q0013001‐ FINANCIAL PROPOSAL
DEBIT/PREPAID CALL RATES
ATTACHMENT M‐ PAGE 1
1
A
B
CALL RATE
C
ESTIMATED # OF
MINUTES/CALLS
(based on 1 yr)
D
TOTAL COST TO THE
CONSUMER
49,617,255
$ ‐
41,605
271,757
$ ‐
$ ‐
9 Debit/prepaid InterLATA 1st minute rate
10 Debit/prepaid InterLATA Add'l minute rate
284,008
2,000,456
$ ‐
$ ‐
12 Debit/prepaid Interstate 1st minute rate
13 Debit/prepaid Interstate Add'l minute rate
111,017
853,060
$ ‐
4
Debit/Prepaid Local call rate
6
7
Debit/prepaid IntraLATA 1st minute rate
Debit/prepaid IntraLATA Add'l minute rate
15
16
17
18
Total 1 year Cost to Consumers for Debit/Prepaid Calls (Sum of Column D)
Total 3 year Cost to Consumers for Debit/Prepaid calls (Sum of Column D x 3)
Commission Rate for Debit/Prepaid Calls‐ Local, InterLATA, IntraLATA and Interstate
Total 3 year Revenue to the State for Debit/Prepaid Calls
$ ‐
$ ‐
$ ‐
0.00%
$ ‐
Estimated # of calls are for evaluation purposes. DPSCS makes no guarantees for maximum or mimim # of calls.
Offeror's Name: ________________________________________________________________________
Offeror's Address: ______________________________________________________________________
FEIN: _________________________________________________________________________________
Signature of Authorized Individual: _______________________________________________________
Date: __________________________________
DPSCS Q0013001‐ FINANCIAL PROPOSAL
COLLECT CALL RATES
ATTACHMENT M‐ PAGE 2
1
A
2
B
CALL RATE
C
ESTIMATED # OF
MINUTES/CALLS
(based on 1 yr)
D
TOTAL COST TO THE
CONSUMER
$ ‐
68,888,337
$ ‐
6 Collect IntraLATA 1st minute rate
7 Collect IntraLATA Add'l minute rate
$ ‐
108,685
1,583,025
$ ‐
$ ‐
9 Collect InterLATA 1st minute rate
10 Collect InterLATA Add'l minute rate
$ ‐
$ ‐
365,268
5,317,624
$ ‐
$ ‐
12 Collect Interstate 1st minute rate
13 Collect Interstate Add'l minute rate
$ ‐
$ ‐
94,330
1,357,254
$ ‐
4 Collect Local Call Rate
13
14
15
16
17
18
Total 1 yr cost to Consumers for Collect Calls
Total 3 yr cost to Consumers for Collect Calls (Sum of Column D x 3)
Commission Rate for Collect Local Calls
Commission Rate for Collect InterLATA, IntraLATA and Interstate Calls
3 yr Revenue to the State for Collect Local Calls
3 yr Revenue to the State for InterLATA, IntraLATA and Interstate Calls
$ ‐
$ ‐
$ ‐
0.00%
0.00%
$ ‐
$ ‐
Estimated # of calls are for evaluation purposes. DPSCS makes no guarantees for maximum or mimim # of calls.
DPSCS Q0013001‐ FINANCIAL PROPOSAL
FEES
ATTACHMENT M‐ PAGE 3
* These fees are only applicable to those consumers who use the service
A
B
Types of Fees
Fee
Account Setup
1
$ ‐
Account Funding (Check or Money Order)
2
$ ‐
Account Funding (Credit Card)
3
$ ‐
Refund
4
$ ‐
Account Closure
5
$ ‐
Wireless Administration ( for BNA)
6
$ ‐
Local Exchange Carrier Bill Statement Charge
7
$ ‐
Federal Regulatory Recovery Fee
8
$ ‐
Returned Check
9
$ ‐
10
$ ‐
No Account Cell Phone Usage Fee
Total Fees to Consumer
$ ‐
Total 3 yr Fees to Consumer
$ ‐
DPSCS Q0012013‐ FINANCIAL PROPOSAL FORM
SUMMARY OF TOTAL REVENUE TO THE STATE AND COST TO THE CONSUMERS
ATTACHMENT M‐ PAGE
REVENUE TO THE STATE
TOTAL 3 YR REVENUE TO THE STATE FOR DEBIT/PREPAID CALLS
TOTAL 3 YR REVENUE TO THE STATE FOR COLLECT LOCAL CALLS
TOTALL 3 YR REVENUE TO THE STATE FOR COLLECT INTERLATA, INTRALATA AND INTERSTATE CALLS
$ ‐
TOTAL 3 YR REVENUE TO THE STATE
COST TO THE CONSUMER
TOTAL 3 YR COST TO CONSUMERS FOR DEBIT/PREPAID CALLS
TOTAL 3 YR COST TO THE CONSUMERS FOR COLLECT CALS
TOTAL 3 YR COST TO THE CONSUMERS FOR FEES
TOTAL 3 YR COST TO CONSUMER FOR ALL CALL TYPES AND FEES
$ ‐
$ ‐
$ ‐
$ ‐
$ ‐
$ ‐
$ ‐
International Debit Rates
Country
Albania
Algeria
American Samoa
Andorra
Angola
Anguilla
Antarctica (Scott) ‐‐ (ALL)
Antigua
Argentina
Armenia
Aruba
Ascension Island
Australia
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belgium
Belize
Benin
Bermuda
Bhutan
Bolivia
Bosnia Herzegovina
Botswana
Brazil
British Virgin Islands
Brunei
Bulgaria
Burkina Faso
Burma
Burundi
Cambodia
Cameroon
Canada
Cape Verde Islands
Cayman Islands
Central African Republic
Chad
Country Code
355
213
+1 684
376
244
+1 264
672
+1 268
54
374
297
247
61
43
994
+1 242
973
880
+1 246
375
32
501
229
+1 441
975
591
387
267
55
+1 284
673
359
226
95
257
855
237
+1
238
+1 345
236
235
Peak Rate Per
Minute 8AM to
Evening Night
and Weekend
Chile
China
Christmas & Cocos Islands
Colombia
Comoros
Congo
Cook Islands
Costa Rica
Croatia
Cuba
Cyprus
Czech Republic
Denmark
Diego Garcia
Djibouti
Dominica
Dominican Republic
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Ethiopia
Falkland Islands
Faroe Islands
Federated Micronesia
Figi Islands
Finland
France
French Antilles
French Guiana
French Polynesia
Gabon
Gambia
Georgia
Germany
Ghana
Gibraltar
Greece
Greenland
Grenada
Guadeloupe
Guam
Guantanamo
Guatemala
Guinea
56
86
672
57
269
242
682
506
385
53
357
420
45
246
253
+1 767
+1 809, 829 & 849
593
20
503
240
291
372
251
500
298
691
679
358
33
596
594
689
241
220
995
49
233
350
30
299
+1 473
590
+1 671
53
502
224
Guinea‐Bissau
Guyana
Haiti
Honduras
Hong Kong
Hungary
Iceland
India
Indonesia
Iran
Iraq
Ireland
Israel
Italy
Ivory Coast
Jamaica
Japan
Jordan
Kazakhstan
Kenya
Kiribati
Korea, North
Korea, South
Kuwait
Kyrgyzstan
Laos
Latvia
Lebanon
Lesotho
Liberia
Libya
Liechtenstein
Lithuania
Luxembourg
Macao
Macedonia
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall Islands
Mauritania
Mauritius
Mayotte Island
Mexico (all)
245
592
509
504
852
36
354
91
62
98
964
353
972
39
225
+1 876
81
962
7
254
686
850
82
965
996
856
371
961
266
231
218
423
370
352
853
389
261
265
60
960
223
356
692
222
230
269
52
Moldova
Monaco
Mongolia
Montserrat
Morocco
Mozambique
Namibia
Nauru
Nepal
Netherlands
Netherlands Antilles
Nevis
New Caledonia
New Zealand
Nicaragua
Niger
Nigeria
Niue
Norfolk Island
Norway
Oman
Pakistan
Palau
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Portugal
Puerto Rico
Qatar
Reunion
Romania
Russia
Rwanda
San Marino
Sao Tome
Saudi Arabia
Senegal
Seychelles
Sierra Leone
Singapore
Slovakia
Slovenia
Solomon Islands
Somalia
373
377
976
+1 664
212
258
264
674
977
31
599
869
687
64
505
227
234
683
672
47
968
92
680
507
675
595
51
63
48
351
+1 787, 939
974
262
40
7
250
378
239
966
221
248
232
65
421
386
677
252
South Africa
Spain
Sri Lanka
St Pierre Miquelon
St. Helena
St. Kitts
St. Lucia
St. Vincent & The Grenadines
Sudan
Suriname
Swaziland
Sweden
Switzerland
Syria
Taiwan
Tajikistan
Tanzania
Thailand
Togo
Tonga
Trinidad
Tunisia
Turkey
Turkmenistan
Turks & Caicos Islands
Tuvalu
U.S. Virgin Islands
Uganda
Ukraine
United Arab Emirates
United Kingdom
Uruguay
Uzbekistan
Vanuatu
Vatican City
Venezuela
Vietnam
Wallis & Fortuna Islands
Western Samoa
Yemen
Yugoslavia
Zaire
Zambia
Zimbabwe
27
34
94
508
290
+1 869
+1 758
+1 784
249
597
268
46
41
963
886
992
255
66
228
676
+1 868
216
90
993
+1 649
688
+1 340
256
380
971
44
598
998
678
379
58
84
681
685
967
381
243
260
263
In accordance with Section 5.7 of the RFP, Offerors may propose a bid at or below the not‐to‐exceed rates
Offerors proposing rates which exceed these maximum rates will be deemed not reasonably susceptible o
and will be eliminated from further consideration.
identified in Section 5.7.
of being selected for award
ATTACHMENT N MINORITY BUSINESS ENTERPRISE PARTICIPATION FORMS
STATE OF MARYLAND
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
MINORITY BUSINESS ENTERPRISE PARTICIPATION
PURPOSE
The Contractor shall structure its procedures for the performance of the work required in this contract to
attempt to achieve a Ten (10) percent minority business enterprise (MBE) subcontracting goal stated in
the Request for Proposals. MBE performance shall be in accordance with this Attachment, as
authorized by the Code of Maryland Regulations (COMAR) 21.11.03. The Contractor agrees to
exercise all good faith efforts to carry out the requirements set forth in this Attachment.
MBE GOALS AND SUBGOALS
An MBE subcontract participation goal of ten (10) percent of the Total Gross Revenue
has been established for this procurement. By submitting a response to this solicitation, the
bidder or Offeror agrees that this dollar amount of the contract will be performed by certified
minority business enterprises
♦
♦
A prime Contractor- including an MBE prime Contractor- must accomplish an amount of work
not less than the MBE subcontract goal with certified MBE subcontractors.
A prime Contractor comprising a joint venture that includes MBE partner(s) must accomplish the
MBE subcontract goal with certified MBE subcontractors.
SOLICITATION AND CONTRACT FORMATION
♦
A Bidder or Offeror must include with its bid or offer:
(1)
A completed Certified MBE Utilization and Fair Solicitation Affidavit (Attachment N-1)
whereby the bidder or Offeror acknowledges the certified MBE participation goal or
requests a waiver, commits to make a good faith effort to achieve the goal, and affirms
that MBE subcontractors were treated fairly in the solicitation process and whereby the
bidder or Offeror responds to the expected degree of Minority Business Enterprise
participation as stated in the solicitation, by identifying the specific commitment of
certified Minority Business Enterprises at the time of submission. The bidder or Offeror
shall specify the percentage of total gross revenue associated with each MBE
subcontractor identified on the MBE Participation Schedule.
If a bidder or Offeror fails to submit Attachment N-1 (Certified MBE Utilization and Fair
Solicitation Affidavit and MBE Participation Schedule) at the time of submittal of the bid or offer
as required, the Procurement Officer shall deem the bid non-responsive or shall determine that
104
the Offeror is not reasonably susceptible of being selected for award.
♦
Within 10 working days from notification that it is the apparent awardee or from the date of the
actual award, whichever is earlier, the apparent awardee must provide the following documentation to
the Procurement Officer.
(1)
(2)
(3)
(4)
Outreach Efforts Compliance Statement (Attachment N-2)
Subcontractor Project Participation Statement (Attachment N-3)
If the apparent awardee has requested a waiver (in whole or in part) of the overall MBE goal or
of any subgoal as part of the previously submitted Attachment N-1, it must submit
documentation supporting the waiver request that complies with COMAR 21.11.03.11.
Any other documentation required by the Procurement Officer to ascertain bidder or Offeror
responsibility in connection with the certified MBE participation goal.
If the apparent awardee fails to return each completed documentation within the required
time, the Procurement Officer may determine that the apparent awardee is not responsible
and therefore not eligible for contract award. If the contract has not already been awarded,
the award is voidable.
MBE REPORTING INSTRUCTIONS
The Prime Contractor shall:
1.
Submit by the 10th of each month to the Department a Prime Contractor Paid/Unpaid MBE
Invoice Report listing any unpaid invoices, over 30 days old, received from any certified MBE
subcontractor, the amount of each invoice and the reason payment has not been made. (Attachment N4)
2.
Include in its agreements with its certified MBE subcontractors a requirement that those
subcontractors submit by the 10th of each month to the Department a Subcontractor Paid/Unpaid MBE
Invoice Report that identifies the prime contract and lists all payments received from Contractor in the
preceding 30 days, as well as any outstanding invoices, and the amount of those invoices. (Attachment
N-5)
3.
Maintain such records as are necessary to confirm compliance with its MBE participation
obligations. These records shall indicate the identity of certified minority and non-minority
subcontractors employed on the contract, the type of work performed by each, and the actual dollar
value of work performed. Subcontract agreements documenting the work performed by all MBE
participants must be retained by the Contractor and furnished to the Procurement Officer on request.
4.
Consent to provide such documentation as reasonably requested and to provide right-of-entry at
reasonable times for purposes of the State’s representatives verifying compliance with the MBE
participation obligations. Contractor shall retain all records concerning MBE participation and make
them available for Department inspection for a period of three years after final completion of the
contract.
5.
At the option of the procurement agency, upon completion of the contract and before final
105
payment and/or release of retainage, submit a final report in affidavit form and under penalty of perjury,
of all payments made to, or withheld from MBE subcontractors.
ATTACHMENTS
A. Certified MBE Utilization and Fair Solicitation Affidavit – Attachment N1 (must be submitted with bid or offer)
B. Outreach Efforts Compliance Statement – Attachment N-2 (must be
submitted within 10 working days of notification of apparent award or
actual award, whichever is earlier)
C. Subcontractor Project Participation Certification – Attachment N-3 (must
be submitted within 10 working days of notification of apparent award or
actual award, whichever is earlier)
D. Prime Contractor Paid/Unpaid MBE Invoice Report – Attachment N-4
(must be submitted by the 10th of each month by the Prime Contractor)
E. Subcontractor Paid/Unpaid MBE Invoice Report – Attachment N-5 (must
be submitted by the 10th of each month by the Subcontractor)
106
ATTACHMENT N-1
CERTIFIED MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT
This document MUST BE included with the bid or offer. If the Bidder or Offeror fails to complete and
submit this form with the bid or offer as required, the procurement officer shall deem the bid non-responsive or
shall determine that the offer is not reasonably susceptible of being selected for award.
In conjunction with the bid or offer submitted in response to Solicitation No. DPSCS Q0013001, I affirm the
following:
1.
I acknowledge and intend to meet the overall certified Minority Business Enterprise (MBE) participation
goal of 10% of the Total Gross Revenue. Therefore, I will not be seeking a waiver pursuant to
COMAR 21.11.03.11.
OR
2.
I conclude that I am unable to achieve the MBE participation goal. I hereby request a complete waiver, in
whole, of the overall goal. Within 10 business days of receiving notice that our firm is the apparent
awardee, I will submit all required waiver documentation in accordance with COMAR 21.11.03.11.
OR
I conclude that I am unable to achieve the MBE participation goal. I hereby request a partial waiver of
the overall goal and have identified the portion of the MBE goal I intend to achieve through a specific
commitment of the certified Minority Business Enterprises listed in the MBE Participation Schedule
below. Within 10 business days of receiving notice that our firm is the apparent awardee, I will submit all
required waiver documentation (for the portion I am unable to achieve) in accordance with COMAR
21.11.03.11.
I understand that if I am notified that I am the apparent awardee, I must submit the following
additional documentation within 10 working days of receiving notice of the potential award or from the
date of conditional award (per COMAR 21.11.03.10), whichever is earlier.
(a)
(b)
(c)
Outreach Efforts Compliance Statement (Attachment N-2)
Subcontractor Project Participation Certification (Attachment N-3)
Any other documentation, including waiver documentation, if applicable, required by the
Procurement Officer to ascertain bidder or Offeror responsibility in connection with the certified
MBE participation goal.
I understand that if I fail to return each completed document within the required time, the Procurement
Officer may determine that I am not responsible and therefore not eligible for contract award. If the
contract has already been awarded, the award is voidable.
3. In the solicitation of subcontract quotations or offers, MBE subcontractors were provided not less than the
same information and amount of time to respond as were non-MBE subcontractors.
4. Set forth below are the (i) certified MBEs I intend to use and (ii) the percentage of the total gross revenue
allocated to each MBE for this project and the work activity(ies) each MBE will provide under the
contract. I hereby affirm that the MBE firms are only providing those work activities for which they are
107
certified by the Maryland Department of Transportation.
MBE PARTICIPATION SCHEDULE
Prime Contractor:
(Firm Name, Address, Phone)
Project Description:
Project Number:
List Information For Each Certified MBE Subcontractor On This Project
Minority Firm Name
MBE Certification Number
For Dually Certified MBE Subcontractors, Identify the Applicable Certification Category
(Check Only One Certification Category)
Woman-Owned
African American Owned
Percentage of Total Contract Value to be provided by this MBE: ____ %
Description of Work to Be Performed:
Minority Firm Name
MBE Certification Number
For Dually Certified MBE Subcontractors, Identify the Applicable Certification Category
(Check Only One Certification Category)
Woman-Owned
African American Owned
Percentage of Total Contract Value to be provided by this MBE: ____ %
Description of Work to Be Performed:
Minority Firm Name
MBE Certification Number
For Dually Certified MBE Subcontractors, Identify the Applicable Certification Category
(Check Only One Certification Category)
Woman-Owned
African American Owned
Percentage of Total Contract Value to be provided by this MBE: ____ %
Description of Work to Be Performed:
Minority Firm Name
MBE Certification Number
For Dually Certified MBE Subcontractors, Identify the Applicable Certification Category
(Check Only One Certification Category)
African American Owned
Woman-Owned
Percentage of Total Contract Value to be provided by this MBE: ____ %
Description of Work to Be Performed:
Continue on a separate page, if needed.
108
SUMMARY
Total African-American MBE Participation:
Total Woman-Owned MBE Participation:
Total Other Participation:
Total ALL MBE Participation:
%
%
%
%
I solemnly affirm under the penalties of perjury that the contents of this Affidavit are true to the best of my
knowledge, information, and belief.
_________________________________
Bidder/Offeror Name
____________________________________
Signature of Affiant
(PLEASE PRINT OR TYPE)
Name:
Title:
Date:
SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL
109
ATTACHMENT N-2
OUTREACH EFFORTS COMPLIANCE STATEMENT
Complete and submit this form within 10 working days of notification of apparent award
or actual award, whichever is earlier.
In conjunction with the proposal or offer submitted in response to Solicitation Number DPSCS
Q0013001, I state the following:
1.
Bid/Offeror identified opportunities to subcontract in these specific work categories.
2.
Attached to this form are copies of written solicitation (with instructions) used to solicit
certified MBEs for these subcontract opportunities.
3.
Bid/Offeror made the following attempts to contact personally the solicited MBEs.
4.
Bid/Offeror assisted MBEs to fulfill or to seek waiver of bonding requirements.
(DESCRIBE EFFORTS)
_____ This project does not involve bonding requirements.
5.
Bid/Offeror
_____ DID
_____DID NOT attend the pre-proposal conference.
_____ No pre-proposal conference was held.
___________________________________
Bid/Offeror Name
___________________________________
Signature of Affiant
___________________________________
Address
______________________________
Name, Title
__________________________________
Date
110
ATTACHMENT N-3
SUBCONTRACTOR PROJECT PARTICIPATION CERTIFICATION
Please complete and submit one form for each MDOT certified MBE listed on Attachment N-1
within 10 working days of notification of apparent award.
_________________________ (prime Contractor) has entered into a contract with
_________________________ (subcontractor) to provide services in connection with the Solicitation
No. DPSCS Q0013001 described below.
Prime Contractor Address and Phone
Project Description
Project Number
Total Contract Amount $
Minority Firm Name
MBE Certification Number
Work To Be Performed
Percentage of Total Contract
The undersigned Prime Contractor and Subcontractor hereby certify and agree that they have fully complied with
the State Minority Business Enterprise law, State Finance and Procurement Article §14-308(a)(2), Annotated Code of
Maryland which provides that, except as otherwise provided by law, a Contractor may not identify a certified minority
business enterprise in a bid or proposal and:
(1)
(2)
(3)
(4)
fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to
identify the certified minority business enterprise in its bid or proposal;
fail to notify the certified minority business enterprise before execution of the contract of its inclusion of
the bid or proposal;
fail to use the certified minority business enterprise in the performance of the contract; or
pay the certified minority business enterprise solely for the use of its name in the bid or proposal.
PRIME CONTRACTOR SIGNATURE
By:
_________________________________
Signature
_________________________________
Printed Name, Title
_________________________________
Date
SUBCONTRACTOR SIGNATURE
By:
_________________________________
Signature
_________________________________
Printed Name, Title
_________________________________
Date
To the best of my knowledge, I affirm that the proceeding reported information is true and correct:
111
Reviewed:
Prime Contractor Contact
(Signature)
Date
(Print Name and Title)
DPSCS Representative
Date
MBE Office
mbe@dpscs.state.md.us
Date
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
112
ATTACHMENT N-4
Ma ry la n d Departm ent o f Pu b li c Safety & C orre c t iona l Se rvic e s
Pri m e C ont ra c t or Repo rt o n M ont h ly Payment t o M i n o r ity Bu si nes s E n te r prises
B PO/ P O No
rol ect I L.ontract (
nm e)
o ta l
~,
malnt
nme Contra c t or
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Se rvice(s ) P rovide d
M B E Subcont ractor N a m e
& Cont act Person
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eportln!1
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pprov ed I
P roj ect St art 1 E nd D at es
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Prol ect 1 Contra ct f'l umber
•
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Subcontra ct $
irm lt1 at lt1 e pro ceed;"1j re porte
In
Amount Paid
This Pe riod
enoo ;:,tart I l:: nd u at es
~
Percent Proje ct Compl et e
,
Ch eck No
D ate o f C heck
Tot al Doli ars
Paid To D at e
Perc e nt
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at e
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Inv oic es
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,
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THIS FORN wrrn THE MOKTlllY INVOICE STA1HIENT TO MBE OFF.a & CONTRACT r.tONITOR
113
PAGE INTENTIONALLY LEFT BLANK
114
ATTACHMENT N-5
MARYlAND D EPAR TMENT O F P U B LIC SAFETY & CORRECTIONAL SER VIC ES
M INORITY BUSINESS ENTE RPR I SE SU BCON T RAC TOR PAYMEN T R EPORT
(MI M ... d t.", .. ""'''' • • • ,d
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115
.
Department of Public Safety and Correctional Services
Office of the Secretary
300 E. JOPPA ROAD • SUITE 1000 • TOWSON, MARYLAND 21286-3020
(410) 339-5000 • FAX (410) 339-4240 • TOLL FREE (877) 379-8636 • V/TTY (800) 735-2258 • www.dpscs.maryland.gov
STATE OF MARYLAND
MARTIN O’MALLEY
GOVERNOR
DPSCS Q0013001
INMATE PAYPHONE EQUIPMENT AND SERVICES
ANTHONY G. BROWN
LT. GOVERNOR
ADDENDUM #1
GARY D. MAYNARD
SECRETARY
G. LAWRENCE FRANKLIN
DEPUTY SECRETARY
ADMINISTRATION
J. MICHAEL STOUFFER
DEPUTY SECRETARY
OPERATIONS
RHEA L. HARRIS
ASSISTANT SECRETARY/
CHIEF OF STAFF
DAVID N. BEZANSON
ASSISTANT SECRETARY
CAPITAL PROGRAMS
JON P. GALLEY
DIRECTOR
NORTHERN REGION
WENDELL M. FRANCE
DIRECTOR
CENTRAL REGION
PATRICIA VALE
DIRECTOR
SOUTHERN REGION
PATUXENT INSTITUTION
MARYLAND COMMISSION
ON CORRECTIONAL
STANDARDS
MARYLAND POLICE &
CORRECTIONAL TRAINING
COMMISSION
MARYLAND PAROLE
COMMISSION
CRIMINAL INJURIES
COMPENSATION BOARD
EMERGENCY NUMBER
SYSTEMS BOARD
SUNDRY CLAIMS BOARD
INMATE GRIEVANCE OFFICE
July 20, 2012
Dear Vendors:
This addendum is being issued to amend and clarify certain information contained in
the above named RFP. All information contained herein is binding on all Offerors
who respond to this RFP. Specific parts of the RFP have been amended. The
following changes/additions are listed below; new language has been underlined
and marked in bold (i.e; word) and language deleted has been marked with a
strikeout (i.e.,word).
1. Amend Attachment D of the RFP as follow:
ATTACHMENT D
PRE-PROPOSAL CONFERENCE SHEET
Project No. Q0013001
PRE-PROPOSAL CONFERENCE RESPONSE FORM
A pre-proposal conference shall be held at 10:00 PMAM on Thursday, July 26 25, 2012
at 300 E. Joppa Road, Towson MD 21286. Please return this form by 2:00 PM,
Wednesday, July 25, 2012 advising whether or not you plan to attend. For directions to
the meeting site, you may contact the Procurement Officer at (410) 339-5013.
Return this form to:
Department of Public Safety and Correctional Services
Joselyn Hopkins, Procurement Unit
300 E. Joppa Road, Suite 1000
Towson, MD 21286
Fax # 410 339-4240
Please indicate:
_____ Yes, the following representatives shall be in attendance:
1. _____________________________________________
2. _____________________________________________
3. _____________________________________________
_____ No, we shall not be in attendance.
_____________________________________
Contact Name (Please Print)
_____________________________________
Signature (Date)
____________________________________
Company Name and Title
____________________________________
E-Mail Address
Date Issued:
July 20, 2012
By: _________________________
Joselyn Hopkins
Director of Procurement Services
Department of Public Safety and Correctional Services
Office of the Secretary
300 E. JOPPA ROAD • SUITE 1000 • TOWSON, MARYLAND 21286-3020
(410) 339-5000 • FAX (410) 339-4240 • TOLL FREE (877) 379-8636 • V/TTY (800) 735-2258 • www.dpscs.maryland.gov
STATE OF MARYLAND
MARTIN O’MALLEY
GOVERNOR
DPSCS Q0013001
INMATE PAYPHONE EQUIPMENT AND SERVICES
ANTHONY G. BROWN
LT. GOVERNOR
ADDENDUM #2
GARY D. MAYNARD
SECRETARY
G. LAWRENCE FRANKLIN
DEPUTY SECRETARY
ADMINISTRATION
J. MICHAEL STOUFFER
DEPUTY SECRETARY
OPERATIONS
RHEA L. HARRIS
ASSISTANT SECRETARY/
CHIEF OF STAFF
DAVID N. BEZANSON
ASSISTANT SECRETARY
CAPITAL PROGRAMS
JON P. GALLEY
DIRECTOR
NORTHERN REGION
WENDELL M. FRANCE
DIRECTOR
CENTRAL REGION
PATRICIA VALE
DIRECTOR
SOUTHERN REGION
PATUXENT INSTITUTION
MARYLAND COMMISSION
ON CORRECTIONAL
STANDARDS
MARYLAND POLICE &
CORRECTIONAL TRAINING
COMMISSION
MARYLAND PAROLE
COMMISSION
CRIMINAL INJURIES
COMPENSATION BOARD
EMERGENCY NUMBER
SYSTEMS BOARD
August 8, 2012
Dear Vendors:
This addendum is being issued to amend and clarify certain information contained in
the above named RFP. All information contained herein is binding on all Offerors
who respond to this RFP. Specific parts of the RFP have been amended. The
following changes/additions are listed below; new language has been underlined
and marked in bold (i.e; word) and language deleted has been marked with a
strikeout (i.e.,word).
1. Amend Section 1.1 of the RFP as follows:
This RFP defines the requirements for the local equipment and local and long distance
payphone services required by DPSCS. The State of Maryland requires a single
Contractor to provide the following:
Pay stations for collect local and long distance calling telephone services and a
system to control, monitor and record the telephone use of the inmates of the
DPSCS.
Pay stations for local and long distance calling services for non inmate
controlled environments within DPSCS.
Provide both the local and long distance services, and the equipment outlined
within this RFP through its own workforce or with subcontractors.
2. Amend Section 2.1 of the RFP as follows:
SUNDRY CLAIMS BOARD
INMATE GRIEVANCE OFFICE
w. Public Use - A pay station that is generally accessible by the public.
3. Attachment E revised to identify the region that each facility is located in and the
average daily population (ADP) of each facility.
4. Section 1.34 Site Visits was added to the RFP. Site visits will be conducted on Tuesday,
August 21st and Wednesday, August 22nd.
5. Section 1.35 Minority Business Enterprise was added to the RFP. An MBE requirement
of 10% of the Total Gross Revenue of the Contract has been established for this RFP.
6. Remove Section 3.3.13 of the RFP as follows:
3.3.13 The Contractor shall provide, as part of the awarded contract, all non-expendable
miscellaneous equipment such as computer, printer, modems, and system software
necessary to allow DPSCS officials to query, display, and print individual inmate
telephone activity.
7. Correct the numbering in Section 5.2 of the RFP as follows:
1)
2)
4)
The proposed equipment and services solution (Ref. Sections 3.2 through 3.14).
Offeror’s experience and capabilities that illustrate the Offeror’s ability to provide
the equipment and services required (Ref. Section 4. Tab A).
3)Economic benefit factors (Ref. Section 4. Tab I).
8. Amend Section 3.3.9 of the RFP as follows:
3.3.9
All pay stations and call monitoring equipment currently installed in
DPSCS facilities are to be replaced by the Contractor with new equipment,
equipped with the latest technology, on a one-to-one basis. For example: if
there are currently 2,000 pay stations located in the DPSCS facilities, then
2,000 are to be replaced. If incumbent is awarded the contract, they shall be
required to replace all pay stations that are unusable or incapable of
delivering phone services with the latest technology.
9. Remove Section 3.7.11 of the RFP as follows:
3.7.11 The system shall provide options for call acceptance (voice, computer, etc.).
10. Remove Sections 3.11.8 and 3.11.9 of the RFP as follows:
3.11.8
The Contractor shall describe any changes to existing power and space
capacity in the telephone room that would be needed by Contractor’s
system.
3.11.9
The Contractor shall describe any improvements, enhancements or
equipment/cabling replacements that will be provided.
11. Amend Section 3.4.10 of the RFP as follows:
3.4.10
The system shall require inmates to input all individuals name from their
calling list along with the phone number using the Inmate Payphone System.
12. Amend Section 3.6.4 of the RFP as follows:
3.6.4
The system shall have the capability for DPSCS headquarters, and another
site to be determined, to have access to any of the 25 facilities data and to monitor real
time information. The system shall have the capability for selected DPSCS staff to
have access to any of the 25 facilities’ data and monitor real time information
through an internet web-based application.
13. Amend Section 3.8.8 of the RFP as follows:
On-site computers (DPSCS owned) and web-based program shall be capable of
performing call blocking, inmate PIN assignment, call allow lists, call duration and
programming, time of day automatic shutdown of telephones, and generation of
administrative reports.
14. Attachment N has been added to the RFP which includes all of the required Minority
Business Enterprise Forms.
15. Amend Page ii of the Key Information Sheet to change the proposal due date as follows:
Proposal Due Date and Time:
Wednesday, August 15, 2012 @ 2:00 PM (Local Time)
Wednesday, September 12, 2012 @ 11:00 AM (Local
Time)
16. Amend Section 1.8 Proposals Due (Closing) Date to change the proposal due date from
August 15, 2012 @ 2:00 PM (Local Time) to Wednesday, September 12, 2012 @ 11:00
AM (Local Time).
An unbound original and five (5) bound copies of each proposal (technical and
financial) must be received by the Procurement Officer, at the address listed in Section
1.6, no later than 2:00 p.m. 11:00 AM EDT on Wednesday, August 15, 2012,
Wednesday, September 12, 2012 in order to be considered. An electronic version
(CD) of the Technical Proposal in MS Word format must be enclosed with the original
technical proposal. An electronic version (CD) of the Financial Proposal in MS Excel
format must be enclosed with the original financial proposal. Ensure that the CDs are
labeled with the Date, RFP title, RFP number, and Offeror name and packaged with the
original copy of the appropriate proposal (technical or financial).
Requests for extension of this date or time shall not be granted. Offerors mailing
proposals should allow sufficient mail delivery time to ensure timely receipt at the
Procurement Officer's office. Except as provided in COMAR 21.05.02.10, proposals or
unsolicited amendments to proposals arriving after the closing time and date shall not be
considered. Proposals delivered by facsimile or email shall not be considered.
17. Amend Section 4.4 Volume I- Technical Proposal to include Attachment L for
the submission of MBE Utilization and Fair Solicitation Affidavit.
TAB L.
COMPLETED CERTIFIED MBE UTILIZATION AND FAIR
SOLICITATION AFFIDAVIT (Attachment N-1)
Date Issued:
August 8, 2012
By: _________________________
Joselyn Hopkins
Director of Procurement Services
Department of Public Safety and Correctional Services
Office of the Secretary
300 E. JOPPA ROAD • SUITE 1000 • TOWSON, MARYLAND 21286-3020
(410) 339-5000 • FAX (410) 339-4240 • TOLL FREE (877) 379-8636 • V/TTY (800) 735-2258 • www.dpscs.maryland.gov
STATE OF MARYLAND
MARTIN O’MALLEY
GOVERNOR
DPSCS Q0013001
INMATE PAYPHONE EQUIPMENT AND SERVICES
ANTHONY G. BROWN
LT. GOVERNOR
ADDENDUM #3
GARY D. MAYNARD
SECRETARY
G. LAWRENCE FRANKLIN
DEPUTY SECRETARY
ADMINISTRATION
J. MICHAEL STOUFFER
DEPUTY SECRETARY
OPERATIONS
RHEA L. HARRIS
ASSISTANT SECRETARY/
CHIEF OF STAFF
DAVID N. BEZANSON
ASSISTANT SECRETARY
CAPITAL PROGRAMS
JON P. GALLEY
DIRECTOR
NORTHERN REGION
WENDELL M. FRANCE
DIRECTOR
CENTRAL REGION
PATRICIA VALE
DIRECTOR
SOUTHERN REGION
PATUXENT INSTITUTION
MARYLAND COMMISSION
ON CORRECTIONAL
STANDARDS
MARYLAND POLICE &
CORRECTIONAL TRAINING
COMMISSION
MARYLAND PAROLE
COMMISSION
CRIMINAL INJURIES
COMPENSATION BOARD
EMERGENCY NUMBER
SYSTEMS BOARD
SUNDRY CLAIMS BOARD
INMATE GRIEVANCE OFFICE
August 29, 2012
Dear Vendors:
This addendum is being issued to amend and clarify certain information contained in
the above named RFP. All information contained herein is binding on all Offerors
who respond to this RFP. Specific parts of the RFP have been amended. The
following changes/additions are listed below; new language has been underlined
and marked in bold (i.e; word) and language deleted has been marked with a
strikeout (i.e.,word).
1. Amend Section 3.1 of the RFP as follows:
Currently, the State has an agreement with Securus Technologies to provide pay station
equipment, local phone services and long distance carrier services to pay stations within
DPSCS. Under the current contract with Securus Technologies, the State’s Inmate
Welfare Fund received approximately $9.6 $7 million dollars in revenue annually.
2. Amend RFP to include Section 3.18 as follows:
3.18 INTERFACING WITH OFFENDER MANAGEMENT SYSTEMS AND
OFFENDER FINANCIAL SYSTEMS
The Department’s Information Technology and Communication Division (ITCD) provides
an inmate total population file, which is a file listing of all inmates (first name, last name,
facility location, housing location, DOC #, last 4 digits of their SS #) for all MD DOC sites.
This file is sent twice per day 7 days per week to capture movement and releases. These
files also limits each inmate as to where they can place calls from, some down to their
assigned housing unit.
ITCD also sends a Detainee total population file, which is a file listing of all detainees (first
name, last name, facility location, housing location, DOC #) for all MD Pre Trial sites. This
file is sent twice per day 7 days per week to capture movement and releases. These files do
NOT limit where the inmate can make a call from as long as it is a Pre Trial location.
The Department currently has a mainframe inmate finance system named MOBS.
In order to support inmate Debit services ITCD sends a MOBS file once per day on any day
that a MD DOC inmate purchases credit for his debit account.
The Department is in the process of migrating to a new Offender Based Management
System (OCMS). This new system uses the State Identification Number (SID) as the
primary ID for detainees and inmates. ITCD will provide the total populations file(s) from
this system once it becomes the system of record.
The Department is pending the award of a Commissary service. As part of the RFP the
awarded vendor is required to install and make operational a new Offender/Inmate Banking
System. The RFP calls for the SID to be the primary ID used in this system. ITCD will
manage the finance interface to this new system. It is unknown at this time, but an interface
may be needed to the new commissary system providing automated purchases of credit for
inmate and detainee debit accounts.
3. Amend Section 5.7 Financial Proposal Evaluation as follows:
The Offeror providing the highest revenue to the State for the Total 3 Year Revenue for all
Call Types on Page 3 4 of Attachment M will receive a total score of 45. All other Offerors
will receive a proportionately lower score for their Total 3 Year Revenue to the State. The
Offeror’s Total 3 Year Revenue to the State will then be divided by the highest revenue
offer. The results will then be multiplied by 45 which will provide a proportionately lower
score relative to the highest revenue Offeror.
The Offeror providing the lowest 3 Year Cost to the Consumer for all Call Types and Fees
on Page 3 4 of Attachment M will receive a total score of 55. All other Offerors will
receive a proportionately lower score for their 3 Year Cost to the Consumer for all Call
Types and Fees. The lowest cost to the consumer will then be divided by the Offeror's cost
to the consumer. This result will then be multiplied by 55 which will provide a
proportionately lower score relative to the score of the Offeror with the lowest cost to
consumer. Offerors are expected to provide calling rates that do not cause a financial
hardship on families of inmates.
The results of these two calculations will be added together. The Offeror receiving the
highest combined score will be ranked number one financially. All other Offerors will be
ranked accordingly based on the combined score they receive.
For example:
Company A proposes:
Total 3 Year Revenue to the State (All Call Types): $523,223 (receives a score of 45)
Company B proposes:
Total 3 Year Revenue to the State (All Call Types): $427,568 (receives a score of 36.90)
Calculation: $427,568 divided by $523,223 = 0.82 X 45 = 36.90
Company A Proposes:
Total 3 Year Cost to the Consumer (All Call Types) = $812,097 (receives a score of 53.90)
Company B proposes:
Total 3 Year Cost to the Consumer (All Call Types) = $799,822 (receives a score of 55)
Calculation: $799,822 divided by $812,097 = 0.98 X 55 = 53.90
Financial Ranking
Company A: 45 + 53.90 = 98.90
Company B: 36.90 + 55 = 91.90
Company A would be ranked number one financially.
The State has specified below the maximum call surcharges and rates that can be submitted
for each call type in Attachment M. Offerors may propose a bid at or below these not-toexceed ceilings. Offerors proposing rates which exceed these maximum call surcharges
and rates will be deemed not reasonably susceptible of being selected for award and
will be eliminated from further consideration. These call surcharge and rate ceilings
apply to all call types of Attachment M. Additionally, the Contractor will keep its call
surcharges and rates at or below those submitted on their financial proposal throughout the
initial three (3) year base term. If the State exercises any renewal option, the Contractors
may adjust its call surcharges and rates as outlined in Section 1.25.4.
4. Amend Section 5.7 Summary of Call Rates as follows:
The call surcharge and rate not-to-exceed ceilings are:
Local and IntraLATA
Collect
Prepaid
Local
$0.85
$0.50
IntraLATA
1st Min
Add’l Min
$2.47
$0.15
$2.25
$0.27
$0.21
InterLATA
Intrastate
1st Min
Add’l Min
$2.85
$0.30
$0.30
$0.30
InterLATA
Interstate
1st Min
Add’l Min
$3.00
$0.30
$0.30
$0.30
Summary of Call Rates
DEBIT/PREPAID CALLS
Local
IntraLata
InterLata
Interstate
1st Minute
$0.50
$2.52
$0.30
$0.30
Additional Minute
$0.50
$0.21
$0.30
$0.30
1st Minute
$0.85
$2.47
$2.85
$2.85
Additional Minute
$0.85
$0.15
$0.30
$0.30
COLLECT CALLS
Local
IntraLata
InterLata
Interstate
5. Amend Section 5.7 of Financial Proposal Form to include International Debit Rates.
6. Amend Attachment F to include Call History and Revenue by Location from the time
period July 1, 2011-June 30, 2012.
7. Amend Attachment G to reflect local calls and local minutes for period of July 1, 2011June 30, 2012.
8. Amend Attachment H to reflect toll calls and minutes for the period of July 1, 2011June 30, 2012.
9. Revise Attachment L – Financial Proposal Sheet Instructions as follows:
ATTACHMENT L
FINANCIAL PROPOSAL SHEET INSRUCTIONS
Page 1- Attachment M- Debit/Prepaid Call Rates
Offerors are to insert their rates on Page 1 of Attachment M for the following:
• Debit/Prepaid Local Calls (B4 of Page 1)
• Debit/Prepaid IntraLATA Calls- 1st minute (B6 of Page 1)**
• Debit/Prepaid IntraLATA Calls- Add’l minute (B7 of Page 1)
• Debit/Prepaid InterLATA Calls- 1st minute (B9 of Page 1)**
• Debit/Prepaid InterLATA Calls- Add’l minute (B10 of Page 1)
• Debit/Prepaid Interstate Calls- 1st minute (B12 of Page 1)
• Debit/Prepaid Interstate Calls- Add’l minute (B13 of Page 1)
• Commission Rate for Debit/Prepaid Calls- Local, InterLATA, and
IntraLATA and Interstate Calls (B15 D17 of the Page 1)
• Offeror’s are to fill in the vendor name, address, federal identification
number and sign and date the bottom of Page 1.
** The rate for the first minute of any Debit/Prepaid IntraLATA, or InterLATA and
Interstate call shall include the first minute of the call plus any surcharge fees to set up the
call.
The following information will be automatically populated when the information above is
inserted:
• Total Cost to the Consumer for Debit/Prepaid Local Calls (D4)
• Total Cost to the Consumer for Debit/Prepaid IntraLATA Calls- 1st minute
(D6)
• Total Cost to the Consumer for Debit/Prepaid IntraLATA Calls- Add’l
minute (D7)
• Total Cost to the Consumer for Debit/Prepaid InterLATA Calls- 1st minute
(D9)
• Total Cost to the Consumer for Debit/Prepaid InterLATA Calls- Add’l
minute(D10)
• Total Cost to Consumer for Debit/Prepaid Interstate Calls- 1st minute
(D12)
• Total Cost to Consumer for Debit/Prepaid Interstate Calls- Add’l
minute (D13)
• Total 1 year Cost to Consumer for Debit/Prepaid Calls (D13 D15)
• Total 3 year Cost to Consumer for Debit/Prepaid Calls (D14 D16)
• Total 3 year Revenue to the State for Debit/Prepaid Calls (D16 D18)
Page 2- Attachment M- Non Debit/Prepaid Call Rates
Offerors are to insert their rates on Page 2 of Attachment M for the following:
• Non Debit/prepaid Collect Local Calls (B 4 of Page 2)
• Non Debit/prepaid Collect IntraLATA Calls- 1st minute (B6 of Page 2)**
• Non Debit/prepaid Collect IntraLATA Calls- Add’l minute (B7 of Page 2)
• Non Debit/prepaid Collect InterLATA Calls- 1st minute (B9 of Page 2)**
• Non Debit/prepaid Collect InterLATA Calls- Add’l minute (B10 of Page 2)
• Collect Interstate Calls- 1st minute (B12 of Page 2)
• Collect Interstate Calls- Add’l minute (B13 of Page 2)
• Commission Rate for Non Debit Collect Local Calls (D15 D17 of Page 2)
• Commission Rate for Non Debit Collect InterLATA and IntraLATA Calls
(D16 D18 of Page 2)
** The rate for the first minute of any Non Debit/Prepaid Collect IntraLATA, or
InterLATA or Interstate call shall include the first minute of the call plus any surcharge
fees to set up the call.
The following information will be automatically populated when the information above is
inserted:
• Total Cost to the Consumer for Non Debit/Prepaid Collect Local Calls (D4)
• Total Cost to the Consumer for Non Debit/Prepaid Collect IntraLATA Calls1st minute (D6)
• Total Cost to the Consumer for Non Debit/Prepaid Collect IntraLATA CallsAdd’l minute (D7)
• Total Cost to the Consumer for Non Debit/Prepaid Collect InterLATA Calls1st minute (D9)
• Total Cost to the Consumer for Non Debit/Prepaid Collect InterLATA CallsAdd’l minute(D10)
• Total Cost to Consumer for Collect Interstate Calls- 1st minute (D12)
• Total Cost to Consumer for Collect Interstate Calls- Add’l minute (D13)
• Total 1 year Cost to Consumer for Non Debit/Prepaid Collect Calls (D13
D15)
• Total 3 year Cost to Consumer for Non Debit/Prepaid Collect Calls (D14
D16)
• Total 3 year Revenue to the State for Non Debit/Prepaid Collect Local Calls
(D17 D19)
• Total 3 year Revenue to the State for Non Debit/prepaid Collect InterLATA
and IntraLATA Calls (D18 D20)
Page 3- Attachment M- Fees
Offerors are to insert their fees for each type of fee listed on Page 3- Attachment M.
No other fees will be allowable under any resulting contract.
The total fees to the consumer and the 3 year total cost to the consumer for fees will be
automatically calculated.
Page 3- 4- Attachment M- Summary of Costs and Revenue
All information on Summary Sheet- Page 3 4 will be automatically populated from Pages 1,
2 and 3.
Page 5- Attachment M- International Rates
Offerors are to insert their international peak rates per minute and international
evening and weekend rates for each county listed on Page 5- Attachment M.
Offerors may propose a bid at or below the not-to-exceed rates identified in Section 5.7 .
Offerors proposing rates which exceed these maximum call rates will be deemed not
reasonably susceptible of being selected for award and will be eliminated from further
consideration.
10. Revise Page 48 Attachments as follows:
ATTACHMENT F
Call History by Location Call History and Revenue July 1, 2011June 30, 2012
11. Revise Attachment M- Financial Proposal- Page 3 and 4- to allow the various fees
under any resulting contract: Account Setup, Account Funding (Check or Money
Order), Account Funding (Credit Card), Refund, Account Closure, Wireless
Administration (for BNA), Local Exchange Carrier Bill Statement Charge, Federal
Regulatory Recovery Fee, Returned Check Fee and No Account Cell Phone Usage Fee.
Date Issued:
August 29, 2012
By: _________________________
Joselyn Hopkins
Director of Procurement Services
Department of Public Safety and Correctional Services
Office of the Secretary
300 E. JOPPA ROAD • SUITE 1000 • TOWSON, MARYLAND 21286-3020
(410) 339-5000 • FAX (410) 339-4240 • TOLL FREE (877) 379-8636 • V/TTY (800) 735-2258 • www.dpscs.maryland.gov
QUESTIONS AND ANSWERS #1
Solicitation: Q0013001
Inmate Payphone Equipment and Services
July 20, 2012
STATE OF MARYLAND
MARTIN O’MALLEY
GOVERNOR
ANTHONY G. BROWN
LT. GOVERNOR
GARY D. MAYNARD
SECRETARY
G. LAWRENCE FRANKLIN
DEPUTY SECRETARY
ADMINISTRATION
J. MICHAEL STOUFFER
DEPUTY SECRETARY
OPERATIONS
RHEA L. HARRIS
ASSISTANT SECRETARY/
CHIEF OF STAFF
DAVID N. BEZANSON
ASSISTANT SECRETARY
CAPITAL PROGRAMS
JON P. GALLEY
DIRECTOR
NORTHERN REGION
WENDELL M. FRANCE
DIRECTOR
CENTRAL REGION
PATRICIA VALE
DIRECTOR
SOUTHERN REGION
PATUXENT INSTITUTION
MARYLAND COMMISSION
ON CORRECTIONAL
STANDARDS
MARYLAND POLICE &
CORRECTIONAL TRAINING
COMMISSION
Ladies/Gentlemen:
This list of Questions and Responses #1, question #1, is being issued to clarify
certain information contained in the above named RFP.
The statements and interpretations of contract requirements, which are stated in the
following questions from potential Offerors, are not binding on the State, unless the
State expressly amends the RFP. Nothing in the Department’s responses to these
questions is to be construed as agreement to or acceptance by the Department of any
statement or interpretation on the part of the vendor asking the question as to what
the contract does or does not require.
1. In the financial proposal document, interLATA and interstate calls have been
combined into a single category and a single rate is to be proposed for both debit
and collect calls. In the RFP document, the State has also capped rates at the
current rates. Which rate cap will apply to the combined category, will it be
current interLATA or the current interstate rate?
Response: The current interLATA rate of $2.85 will apply to the combined
category.
MARYLAND PAROLE
COMMISSION
CRIMINAL INJURIES
COMPENSATION BOARD
EMERGENCY NUMBER
SYSTEMS BOARD
SUNDRY CLAIMS BOARD
INMATE GRIEVANCE OFFICE
Date Issued:
July 20, 2012
By: _________________________
Joselyn Hopkins
Director of Procurement Services
Department of Public Safety and Correctional Services
Office of the Secretary
300 E. JOPPA ROAD • SUITE 1000 • TOWSON, MARYLAND 21286-3020
(410) 339-5000 • FAX (410) 339-4240 • TOLL FREE (877) 379-8636 • V/TTY (800) 735-2258 • www.dpscs.maryland.gov
STATE OF MARYLAND
MARTIN O’MALLEY
GOVERNOR
ANTHONY G. BROWN
LT. GOVERNOR
QUESTIONS AND ANSWERS #2
Solicitation: Q0013001
Inmate Payphone Equipment and Services
August 8, 2012
GARY D. MAYNARD
SECRETARY
G. LAWRENCE FRANKLIN
DEPUTY SECRETARY
ADMINISTRATION
J. MICHAEL STOUFFER
DEPUTY SECRETARY
OPERATIONS
RHEA L. HARRIS
ASSISTANT SECRETARY/
CHIEF OF STAFF
DAVID N. BEZANSON
ASSISTANT SECRETARY
CAPITAL PROGRAMS
JON P. GALLEY
DIRECTOR
NORTHERN REGION
WENDELL M. FRANCE
DIRECTOR
CENTRAL REGION
PATRICIA VALE
DIRECTOR
SOUTHERN REGION
PATUXENT INSTITUTION
MARYLAND COMMISSION
ON CORRECTIONAL
STANDARDS
MARYLAND POLICE &
CORRECTIONAL TRAINING
COMMISSION
MARYLAND PAROLE
COMMISSION
CRIMINAL INJURIES
COMPENSATION BOARD
EMERGENCY NUMBER
SYSTEMS BOARD
Ladies/Gentlemen:
This list of Questions and Responses #2, questions #1 though #50, is being issued to
clarify certain information contained in the above named RFP.
The statements and interpretations of contract requirements, which are stated in the
following questions from potential Offerors, are not binding on the State, unless the State
expressly amends the RFP. Nothing in the Department’s responses to these questions is to
be construed as agreement to or acceptance by the Department of any statement or
interpretation on the part of the vendor asking the question as to what the contract does or
does not require.
1. TGR- Monthly Total Gross Revenue of a pay station for all calls made from
payphones before any deductions are made for surcharges, taxes, etc., which includes
both direct revenue and indirect revenue obtained from external sources, i.e., any
source other than the party making the calls such as surcharges on IntraLATA toll
calls. This does not include additional charges unrelated to the call such as surcharges
resulting from governmental obligations (FCC taxes or surcharges). Does TGR
include fees or charges, overt or covert, added to the call by the ITS provider to offset
costs for services like voice recognition, maintenance, billing, etc.?
Response: The TGR must include all surcharges resulting from governmental
obligations and should not include charges for services like voice recognition,
maintenance, billing, etc.
SUNDRY CLAIMS BOARD
INMATE GRIEVANCE OFFICE
2. Most ITS providers apply fees for various account services, e.g., account setup,
deposits, refunds, non-use, and others. These fees are typically charged to the paying
party’s account, reducing the total revenue received from the actual calls and the
commission that is received by the State. Will the State disallow or limit fees charged
for account funding, refunding, billing services or other fees not directly associated
with a call?
Response: Yes. The State is disallowing these fees.
3. Calls to cell phones are sometimes connected by allowing the called party to enter a
credit card number or charge it to a cell phone account. In these instances, the called
party can be charged a large amount, e.g., from $5 to $10, for the one time credit card
call and the ITS provider may receive a large portion of the amount paid by the called
party. Will the State allow this type of billing, will the ITS provider be required to
account for and pay commission of the full amount received for the call and how will
this be accounted for by the ITS provider and verified by the State, (since these
transactions are normally handled separate, off line, from the call billing process).
Response: No.
4. The high cost of calls, especially Interlata and Interstate, are a concern to the State.
Will the State consider a per-minute rate that is the same for all calls? This would also
eliminate inmates paying for a local number forwarded to an interstate location in
order to pay a local call price for a more expensive interstate call.
Response: No.
5. The State can guarantee a monthly revenue stream, for budgetary purposes, and at the
same time, in some cases, eliminate the concern for under payments or unauthorized
charges. This can be accomplished receiving a Guaranteed Monthly Payment or an
Inmate Per Diem Monthly Payment. Is this an option the State would like to consider
in the proposal?
Response: No.
6. Is a signing bonus, paid at contract signing, an options that the State would like to
consider?
Response: No
7. Please confirm the average stay for inmates booked per year. This information will
only help in allowing us to provide a more advantageous offer for the State.
Response: In 2011, the average stay of an inmate was 20 months.
8. Please provide the current commission % and whether this is based on a percent of
gross revenue, or other basis. Without this information, the incumbent is given a
tremendous advantage in the RFP process.
Response: The current commission rates are as follows:
Local
Collect
48%
Prepaid
60%
InterLATA
57.5%
60%
9. Does the current inmate phone provider currently take any deductions from a
commission revenue, if so what are the deductions and how much?
Response: No. The current inmate phone provider currently does not take any
deductions from the commission revenue.
10. Can the State confirm the number of public coin phones and locations that will be
included in this Contract?
Response: There are no public phone coin phones under this contract. See
Addendum #2.
11. Please clarify which correctional facilities fall within the North, South and Central
Regions.
Response: See Addendum #2 and revised RFP.
12. Section 3.4.38 of the RFP- Will the State modify this requirement to remove the
verbiage that “collect” calling be allowed from a cellular phone?
Response: No modification is required. Section 3.4.38 states that “The system
shall allow collect/debit/prepaid calls to cellular phones.”
13. Section 3.8.7 of the RFP- Are cut-off switches presently installed in the institutions at
phone level and living area level?
Response: Yes.
14. How many technicians are presently servicing the State of Maryland, and where are
they located?
Response: There are currently 7 technicians presently servicing the State of
Maryland- Cumberland, Hagerstown, Baltimore City, Jessup, Eastern Shore
and there are two (2) Floating Technicians.
15. What the State’s overall MBE goals?
Response: The State’s overall MBE goal is 25% however MBE goals are
determined based on a procurement basis. Each procurement is reviewed
individually to determine the appropriate MBE participation goal.
16. Will the State allow potential bidders to conduct site surveys at the correctional
facilities in order to develop appropriate cost estimates and implementation plans?
Response: Yes. See Addendum #2 and Section 1.34 of the Revised RFP.
17. Will the State provide an inventory of the type and quantity of phone enclosures and
pedestals in place today?
Response: There are no phone enclosures and pedestals in place today.
18. If phone enclosures and pedestals are in place today, can the State indicate if they are
located inside or outside a facility, and are they the property of the State?
Response: See response to #17.
19. Can the State provide the size of the phones being used today in correctional
facilities?
Response: There are currently two sizes of phones being used today in
correctional facilities: 11.2 inches long and 4 ¾ wide and 20 inches long and 7 ¾
inches wide.
20. What are the States’ requirements for the installation of volume control buttons on the
public phones?
Response: See response to #10.
21. Section 2.1 requires the Offeror to submit documentation from the Maryland PSC or
the FCC providing evidence of eligibility to provide the services sought in the RFP. If
the Offeror has applied for certification, but not yet received documentation from the
Maryland PSC at the time of the proposal due date, is that Offeror precluded from
replying to the RFP?
Response: Offerors must be eligible through the Maryland PSC or the FCC to
provide the services sought in the RFP at the time of the proposal due date and
time and evidence must be included with their technical proposal.
22. There are Minority businesses that can perform the installation, maintenance, site
administration and overall account management for this procurement. Will the State
reconsider making an MBE participation a requirement for this solicitation?
Response: See Addendum #2 and Revised RFP. An MBE participation goal of
10% has been included as part of the RFP.
23. In addition to the information provided in attachment E would you please provide a
telephone number, current average daily population and the number of non-inmate
phones for each facility. Also please provide the average daily population for the
entire DOC for the past twelve months.
Response: Attachment E has been revised to include the average daily
population. See Addendum #2 and Revised RFP.
24. Section 3.3.7 states "The Contractor shall ensure the collection from any
coin pay station having a full box within four hours of a report that the
pay station is full."
a. Please provide the number of Public pay phones along with their
addresses for the public phones that exist both at the facility and in
other public locations. Attachment E seems to combine the two.
Response: There are no public telephones within DPSCS. See
Response to Question #10 Addendum #1.
b. Please provide the response times that the DOC is seeking for the
non inmate public payphones.
Response: See response to Question #10.
c. Please provide call detail information including local and long
distance coin and any operator assist information to include calls,
minutes and revenue of each non-inmate public payphones.
Response: Se response to Question #10.
d. Please provide local, IntraLATA, InterLATA and interstate calling
rates for both coin and operated assisted rates.
Response: See Section 5.7- Summary of Call Rates of the RFP.
e. What are the current rates charged for the non-inmate public
payphones?
Response: See response to Question #10.
f. Attachment M does not appear to have space for a non-inmate public
payphone financial offer. Please provide detail on the format required
when the non- inmate public payphone financial offer is presented.
Response: See response to Question #10.
g. How is the non-inmate public payphone offer to be evaluated? What
percentage weight will be given to the non- inmate public pay phone
offer?
Response: See response to Question #10.
25. Section 3.3.13 makes mention of non-expendable miscellaneous
equipment that is needed. To accurately prepare our response please
provide the number of workstations, laptops, air cards, printers, etc. that the
DOC will require.
Response: Section 3.3.13 is removed from the RFP. See Addendum #2
and Revised RFP.
26. Certain vendors have also adopted a process where they charge in advance
for taxes and "Regulatory Fees" (non-governmental vendor imposed fees).
Should the called party wish a refund, said vendors are not retuning the
taxation portion of the deposit. Please confirm that all taxes and mandated
governmental fees must be charged at the time the call is rendered and not
based on the deposit before inmate telephone services are rendered.
Response: All taxes and mandated governmental fees must be charged
at the time of the call.
27. Most, if not all, vendors charge ancillary fees above and beyond a simple
surcharge and per minute fee when operating an inmate telephone system for
a correctional environment. These fees include, but are not limited to,
opening and closing fees for called parties to setup accounts, fees that appear
on bills for use of certain phone features such as voice verification, security
fees, processing recovery fees, cellular usage fees, additional charges for
processing debit calls, transaction fees charge to inmates for entering
commissary orders over the phone, prepaid deposit fees and any other
features or products offered to the facility. Different vendors refer to these
fees with different terminologies but they all represent additional costs to the
inmate or the called party over and above the surcharge and per minute rate.
For this reason and to accurately evaluate the respondent's financial offer we
respectfully request that the State mandate the respondent to fully divulge
any and all costs / fees that mayor can be levied by the respondent or any of
its subcontractors or affiliates in the performance of this contract. While the
state defines the pointing scale that is used to determine the financial offer
the state does not make mention of how it will evaluate a vendors fees and
the impact to the financial offer evaluation.
Response: Any additional fee must be included in the call rate
proposed.
28. What is the call duration limit on each phone call?
Response: Call duration is not to exceed 30 minutes.
29. Section 3.4.10 states "The system shall require inmates to input all
individuals' names from their call list along with the number." Does this
requirement refer to a paper form that will be collected and entered into the
system or how does DPSCS expect the name of the called party to be
captured? How many numbers is each inmate allowed on the list? What is
the current process today to establish the inmate's allowed number list?
Response: DPSCS expects the inmates to input all individuals’ names
from their call list along with the number using the inmate phone
system (electronically). Inmate’s have the ability to put in up to 15
numbers (this number can change based on the Public Safety
discretion) using the Inmate Payphone System. See Addendum #2 and
Revised RFP.
30. Section 3.4.25 states "The system shall ensure that for all long distance call,
the cost begins when the end user accepts the call." Does this requirement
anticipate that all other call types will begin at another point in the call
process?
Response: No.
31. Section 3.16 defines the Service Level Agreement that the DOC is
expecting. Please clarify what if the DPSCS is defining information in the
Resolution Time and Outage column or if they are looking for the vendor's
response. If looking for a response, please define exactly what is wanted. If
defining expectations, please clarify what exactly is expected.
Response: Contractors are required to state if they will meet the
Service Level Agreements. If a vendor intends to exceed any of the
SLA’s, they must clearly state this in their Technical Proposal.
32. Section 3.3.12 states "The Contractor shall provide an on-site
administrator, trained in the operation of the system, to deal with all
problems concerning the inmate phone system and capable of providing
requested systems and database changes within a 24 hour period, excluding
weekends. Each region shall have at least one person dedicated to that
specific region who can respond physically five days a week at any time.
The administrator shall ensure that DPSCS remains in full compliance with
The National Detention Standards for inmate calling.” How many
technicians, administrators, etc are currently supporting the 25 institutions?
Where are these employees currently located?
Response: See Response to Question #14.
33. Section 1.5 makes mention of a transcription service that will transcribe the
pre-bid meeting. Please provide the name of the company, a contact person
and a phones number so that we may obtain a copy of the transcription.
Response: To obtain a copy of the transcription, contact Hunt Reporting
at (410) 766-4868.
34. Would you please provide a description of the Evaluation committee and
who is assigned to it?
Response: The description of the Evaluation Committee is described
in Section 5 of the RFP. The names of the evaluation committee
members can not be disclosed at this time.
35. Section 5.2 Technical Criteria. The numbering sequence skips
number 3. Is there a number 3 or was this just a numbering error?
Response: There was a numbering error. Please see Addendum
#2 and Revised RFP for correction.
36. While the State defines the pointing mechanism for the financial offer it
does not define the additional pointing scale that will be used for the RFP
evaluation. Please provide the pointing scale that will be used to evaluate a
vendor's entire response along with the total possible points. This is
normally provided within the RFP.
Response: The point mechanism will only be used for the Financial
portion of the evaluation. The total evaluation will be completed in
accordance with Section 5 of the RFP.
37. Section 3.3.9 states “All pay stations and call monitoring equipment
currently installed in DPSCS facilities are to be replaced by the Contractor
with new equipment, equipped with the latest technology, on a one-to-one
basis. For example, if there are currently 2,000 pay stations located in the
DPSCS facilities, then 2,000 are to be replaced. If incumbent is awarded
the contract, they shall be required to replace all pay stations that are
unusable or incapable of delivering phone services with the latest
technology.” We respectfully request that all vendors including the
incumbent be required to replace all phones and equipment to create a fair
and level playing field for all vendors. As currently written, the incumbent
will have a financial advantage.
Response:
Section 3.3.9 has been revised to require that all
contractors, including the incumbent will have to replace equipment.
See Addendum #2 and Revised RFP.
38. Section 3.3.10 states "The Contractor shall implement a Debit Pre-Paid
Program. This implementation shall be fully staffed and funded by the
Contractor." Is debit currently implemented today? What is the current
process for inmates to fund their debit accounts? Do you currently use any
type of voice biometric for verification or is this an interest of the
Maryland DPSCS?
Response: Yes. The current process includes an inmate completing
and submitting a money disbursement form, it is then entered into the
Department’s Maryland Offender Banking System (MOBS) and then
the information is sent to the Inmate Payphone contract who enters it
into their Payphone System (the current process could take up to 2
weeks). Voice biometrics is currently utilized at NBCI and WCI and
should be included in an Offeror’s system.
39. Section 3.7.7 states "The system shall provide call acceptance by the call
recipient accomplished through positive call acceptance. The system shall
not permit passive acceptance of a call, such as staying on the line after the
voice prompt sequence." Section 3.7.11 states "The system shall provide
options for call acceptance (Voice, computer, etc)". These two requirements
seem to be in conflict of each other. Please clarify this and please further
Define 3.7.11 and its intent.
Response: See Addendum #2 and Revised RFP which removes Section 3.7.1.
40. Section 3.8.7 " The system shall have a shut-off function for each
phone, each living area, and for the entire system," Are there cut-off
switches in place today? Are they manual for each phone or are they
electronic.
Response: Yes. Manual.
41. Section 3.11.1, First Bullet point states "The Contractor's approach for the
installation of the inmate pay station system throughout all DPSCS
locations shall be consistent with all Inmate Visiting Procedures" Please
explain the need to be consistent with all Inmate Visiting Procedures.
Response: The link to obtain the DPSCS Inmate Visiting
Procedures can be found in Section 3.11.1 of the RFP.
42. Section 3.11.9 states "The Contractor shall describe any improvements,
enhancements or equipment/cabling replacements that will be provided."
Please provide all current equipment/cabling that is needed of repair or
replacement Only the current vendor can answer this question since only
Securus has this knowledge.
Response: See Addendum #2 and the Revised RFP which removes
Sections 3.11.8 and 3.11.9.
43. Section 4.2 defines how the RFP is to be delivered. Are all copies to be
unbound or just the original?
Response: Only the original as stated in Section 4.2 of the RFP
should be unbound. The copies should be bound.
44. Are there targeted MBE percentages of participation for this opportunity?
Response: Please see response to Question #22.
45. May vendor make multiple financial offers?
Response: No. See Section 1.15 of the RFP.
46. How will you evaluate any Value Added products that a vendor may
provide? How would this evaluation be rated as far as points be handled?
Response: The evaluation will be handled in accordance with Section
5 of the RFP. Points will only be utilized in the Financial portion of
the Evaluation.
47. Tab H. Economic Benefit Factors.
a. How many points or what weight will each of the 4 Economic
Benefit Factors be given during the evaluation process?
b. How will "other economic benefit" factors be evaluated?
Response: The Financial Economic Benefit factors will be evaluated as
part of the Offeror’s Technical Proposal (See Section 5 of the RFPSpecifically 5.2). Points will not be used for the Technical portion of the
evaluation.
48. What, if any, cost recovery fees are charged by the current provider?
Response: No recovery fees are charged by the current provider.
49. The current solicitation currently does not include an MBE participation
requirement. We understand that the State is considering revising this to
include an MBE participation requirement. Please provide clarification on
the evaluation method that constitutes if the propose meets the mandated or
goal MBE participations. Since part of the revenue for this contract is paid as
a commission to the State, we believe that this commission should be
excluded from the revenue number that would be used to calculate the MBE
percentage participation. Please confirm that this is correct, and if not, please
provide the method and formula for this MBE percentage participation
calculation.
Response: See Response to Question #22.
50. Requirement 4.2 Proposal Format requires that Volume I - Technical Proposal be
submitted in MS Word. While our Technical Response can certainly be submitted in
MS Word format, some parts of Volume I are available only in PDF format – for
example, audited financial statements, product brochures, and our implementation
plan (native MS Project file rendered in PDF). As long as our narrative responses are
provided in MS Word, is it acceptable if some parts of our Technical Proposal, such
as exhibits requested, are attached in PDF format?
Response: Yes. Technical Proposal’s submitted in pdf format are
acceptable.
Date Issued: August 8, 2012
By: _________________________
Joselyn Hopkins
Director of Procurement Services
Department of Public Safety and Correctional Services
Office of the Secretary
300 E. JOPPA ROAD • SUITE 1000 • TOWSON, MARYLAND 21286-3020
(410) 339-5000 • FAX (410) 339-4240 • TOLL FREE (877) 379-8636 • V/TTY (800) 735-2258 • www.dpscs.maryland.gov
STATE OF MARYLAND
MARTIN O’MALLEY
GOVERNOR
ANTHONY G. BROWN
LT. GOVERNOR
QUESTIONS AND ANSWERS #3
Solicitation: Q0013001
Inmate Payphone Equipment and Services
August 29, 2012
GARY D. MAYNARD
SECRETARY
G. LAWRENCE FRANKLIN
DEPUTY SECRETARY
ADMINISTRATION
J. MICHAEL STOUFFER
DEPUTY SECRETARY
OPERATIONS
RHEA L. HARRIS
ASSISTANT SECRETARY/
CHIEF OF STAFF
DAVID N. BEZANSON
ASSISTANT SECRETARY
CAPITAL PROGRAMS
JON P. GALLEY
DIRECTOR
NORTHERN REGION
WENDELL M. FRANCE
DIRECTOR
CENTRAL REGION
PATRICIA VALE
DIRECTOR
SOUTHERN REGION
PATUXENT INSTITUTION
MARYLAND COMMISSION
ON CORRECTIONAL
STANDARDS
Ladies/Gentlemen:
This list of Questions and Responses #3, questions #1 though #47 is being issued to
clarify certain information contained in the above named RFP.
The statements and interpretations of contract requirements, which are stated in the
following questions from potential Offerors, are not binding on the State, unless the State
expressly amends the RFP. Nothing in the Department’s responses to these questions is to
be construed as agreement to or acceptance by the Department of any statement or
interpretation on the part of the vendor asking the question as to what the contract does or
does not require.
1. To ensure that bids are truly competitive, will the State prohibit the practice of
submitting competing proposals from multiple vendor brands that fall under the same
effective ownership?
Response: The State is prohibiting a single company to submit multiple offers as
stated in Section 1.15 of the RFP.
MARYLAND POLICE &
CORRECTIONAL TRAINING
COMMISSION
=
MARYLAND PAROLE
COMMISSION
CRIMINAL INJURIES
COMPENSATION BOARD
EMERGENCY NUMBER
SYSTEMS BOARD
SUNDRY CLAIMS BOARD
INMATE GRIEVANCE OFFICE
2. The RFP does not require that the submitting vendor meet minimum experience
requirements. This is standard when responding to a DOC inmate telephone contract.
For this reason we respectfully request that the DOC mandate minimum experience
requirements such as the vendor must have a minimum of 5 years of inmate telephony
experience, the vendors primary business is inmate telephone service, the vendor must
have at least 5 DOC accounts, etc.
Response: DPSCS has determined that the minimum requirements
stated in Section 2 of the RFP are sufficient.
3. The pricing proposal form reflects annual totals of 7.317M calls but no minutes for
local and no data at all for Inter State. Attachment F reflects annual calls of 4.465M
calls and no minutes for the time period of 7/10 to 6/11. Attachments G and H reflect
an annual total of 4A63M calls and 75.09M minutes for an unspecified time period.
a. What is the correct annual call and minute volume?
Response: The correct annual call and minute volumes for the time period
of July 1, 2011 through June 30, 2012 are listed below. See Addendum #3
which amends the totals in Attachment F (Call History and Revenue- July
1, 2011 through June 30, 2012), Attachment G (Local Call History by
Location), Attachment H (Long Distance Call History by Location and
Attachment M (Financial Proposal Form).
COLLECT
Minutes
Calls
Gross Rev
Local:
68,888,337
3,928,965
$
3,339,633
IntraLATA
1,583,025
108,685
$
480,727
InterLATA
5,317,624
365,268
$
2,526,693
Interstate
1,357,254
94,330
$
665,096
Total:
77,146,240
4,497,248
$
7,012,148
Minutes
Calls
Gross Rev
Local:
49,617,255
2,297,630
$
1,148,815
IntraLATA
271,757
41,605
$
81,527
InterLATA
2,000,456
284,008
$
600,137
Interstate
853,060
111,017
$
257,780
International
3,030
572
$
4,491
52,745,558
2,734,832
$
2,092,750
DEBIT
Total:
b. Please provide the correct annual calls, minutes and revenue for the last 12
months for the following categories:
• Collect Local
• Collect Intralata
• Collect Interlata
• Collect Interstate
• Debit Local
• Debit Intralata
• Debit Interlata
• Debit Interstate
• Prepaid Local
• Prepaid Intralata
• Prepaid Interlata
• Prepaid Interstate
Response: See response to above 3 a. above and Addendum #3.
4.
We respectfully request that you modify the price form to utilize the call
data that you provide through this Q&A. Additionally, the following has
surfaced on the Excel file:
a. Cell F11, DOC row 6 on the Debit Prepaid Call Rate sheet does not
calculate.
Response: See Addendum #3 for revised Financial Proposal Form
b. There is no provision for Interstate calling cost.
Response: See Addendum #3 for revised Financial Proposal Form.
c. Please explain if you require that debit and prepaid be the same cost.
Response: Debit and prepaid are considered the same.
d. Typically there are 3 calling options, collect, prepaid and debit. Please
define if prepaid and debit are actually on the first sheet marked
"Debit Prepaid Call Rates" We ask this because the second sheet
makes mention of prepaid in rows 4, 6, 7, 9, etc.
Response: Yes. The Debit/Prepaid calls are on Sheet 1. See
Addendum #3 for revised Financial Proposal Form which changes
the language on Sheet 2 from Non Debit/Prepaid calls to Collect
Calls.
5. May vendors make multiple financial offers?
Response: No. See Section 1.15 of the RFP.
7.
Page 37 defines rate information. Please confirm the following:
a. Is the prepaid column for both prepaid collect and debit or is
prepaid collect charged at the collect rates currently?
Response: Please see response to 4c. above and Addendum #3.
b. In the prepaid column, IntraLata has three numbers. Please define
what these are.
Response: Please see Addendum #3 which revises the Summary of
Call Rates and Page 39 of the Revised RFP with Addenda #1-3.
c. Please verify that for the prepaid rates there is no surcharge
Response: There are no surcharges. Please see Addendum #3 which
revises the Summary of Call Rates and Page 39 of the Revised RFP
with Addenda #1-3.
8. Normally in a DOC RFP there is a requirement that mandates a demographic
/ PIN interface between the Offender Management System and the phone
system. Was this an oversight or is this not a requirement?
Response: Yes. There is a requirement. See Addendum #3 and Revised
RFP with Addenda #1-3 for the addition of Section 3.18 of the RFP that
clarifies this requirement.
9. Who is the current provider of your Jail Management System and may we please have
a contact name and phone number?
Response: Business and Decision is the vendor of our new Offender Case
Management which is not yet the system of record. For the Department’s
Mainframe systems- The Maryland Offender Banking System (MOBS) is the
system of record for inmate accounts and the Offender Based State
Correctional Information System (OBSCIS I) is the system of record for inmate
information. These systems are currently maintained by the Department’s
Information Technology & Communications Division (IT&CD). Any questions
that you may have pertaining to the systems during this procurement process
must be submitted to the Procurement Officer as detailed in Section 1.6 of the
RFP. No questions should be addressed to anyone other than the individual
identified in 1.6 and 1.4.
10. Are you looking for debit calling to be interfaced with your current Commissary
Provider?
Response: Yes. See Addendum #3 referencing Section 3.18 of the RFP.
11. How will you evaluate any Value Added products that a vendor may provide? How
would this evaluation be rated as far as points be handled?
Response: The evaluation will be handled in accordance with Section 5 of the
RFP. Points will only be utilized in the Financial portion of the Evaluation. A
vendor may add value added products in its Technical Proposal, however,
vendors must keep in mind that the Financial ranking will still be based on its
cost to the consumer and the revenue to the State and the scoring detailed in
Section 5.7 of the RFP.
12. Tab H. Economic Benefit Factors- How many points or what weight will each of the
4 Economic Benefit Factors be given during the evaluation process and How will
"other economic benefit" factors be evaluated?
Response: The Financial Economic Benefit factors will be evaluated as part of
the Offeror’s Technical Proposal (See Section 5 of the RFP- Specifically 5.2).
Points will not be used for the Technical portion of the evaluation.
13. What, if any, cost recovery fees are charged by the current provider?
Response: See Addendum #3 the Revised Financial Proposal Form that
details the fees that will be allowed under any resulting contract.
14. Another company in the industry offers the Pay Now program, which permits a
recipient to receive a direct billed inmate collect call without establishing a prepaid
collect account. The recipient pays for the call with a credit card at the time the call is
accepted. The cost of the call to the recipient is $13.10 for a transaction fee and $1.89
for the cost of the call for a total charge of $14.99. The typical commission is $1.60
per call.
a. Is the PayNow Program in effect for the current contract? If yes,
please provide the calls and minutes from this program for the last 12
months.
Response: No
b. Will this type of program or similar type of program be permitted
under the new contract?
Response: No
15. Another company in the industry offers the Text2Connect program, which
sends a call recipient to their cell phone indicating they have opportunity to
receive an inmate collect call. By texting ‘Yes’, this serves as positive
acceptance and the inmate and the call recipient are connected. The cost of
the call to the recipient is $9.99. The typical commission is $0.30 per call.
a. Is the Text2Connect program in effect for the current contract? If
yes, please provide the calls and minutes from this program for the
last 12 months.
Response: No
b. Will this type of program or similar type of program be permitted
under the new contract?
Response: No
16. It is our understanding that at the pre-bid meeting it was stated very clearly
that a vendor may only charge governmental mandated taxes/surcharges and
the proposed per minute (flat for local) that they proposed in their financial
offer. Normally, vendors will charge additional fees such as, but not limited
to, opening and closing fees for called patties to setup accounts, fees that
appear on bills for use of certain phone features such as voice verification,
data mining software fees, security fees, processing recovery fees, cellular
usage fees, additional charges for processing debit calls, transaction fees
charge to inmates for entering commissary orders over the phone, prepaid
deposit fees and any other features or products offered to the facility.
Different vendors refer to these fees with different terminologies but they all
represent additional costs to the inmates or the called party over and above
the per minute rate. Please confirm that a vendor who proposes any type of
additional fee other than the submitted per minute call cost and applicable
governmental taxes and surcharges will be immediate disqualification.
Response: Please see response to #13 above.
17. Normal DOC procurements require a specific number of inmate platform
references when responding to issued solicitations. We respectfully request
that the State mandate 5 inmate DOC platform references for all vendors
who respond to this opportunity.
Response: DPSCS declines this request.
18. The current solicitation currently does not include an MBE participation
requirement. We understand that the State is considering revising this to
include an MBE participation requirement. Please provide clarification on
the evaluation method that constitutes if the propose meets the mandated or
goal MBE participations. Since part of the revenue for this contract is paid as
a commission to the State, we believe that this commission should be
excluded from the revenue number that would be used to calculate the MBE
percentage participation. Please confirm that this is correct, and if not, please
provide the method and formula for this MBE percentage participation
calculation.
Response: See Questions and Answers #2, Addendum #2 and revised
RFP for MBE requirements.
19. On Page 20, Section 3.3.11 states “The Debit/Pre-Paid program shall allow
inmates the option of using debit service where the funds are taken from
their account or pre-paid services where the inmates’ family pays for the
calls.” Please provide whose accounting software you are currently using to
track the inmates funds. Please provide a contact name and phone number as
well.
Response: Please see response to #8 and #9 above.
20. How many employees will need to be trained on the new inmate telephone
solution and at what facility do they normally work? Please indicate the
categories of user that will need to be trained, investigators, administrators,
etc. Does the State prefer on-site training or internet based training? Does the
State require training to occur on different shifts?
Response: Approximately 70 employees will need to be trained on the
new inmate telephone system and they work at facilities throughout the
State. The majority of the employees are Lieutenants and Liaisons. The
State prefers both on-site and web-based training. Any on-site training
would
occur
during
the
day.
21. Please provide the number of inmate intakes and discharges that occur every
year at the Department of Corrections.
Response: In Fiscal year (FY) 2011 (July 1, 2010- June 30, 2011), there
were 12,655 intakes and 11,835 releases. The FY 12 data is not available
at this time.
22. Requirement 3.11.2 on Page 24 states the following, “The Contractor shall provide a
technology roadmap that describes anticipated changes to the computers, recording
and monitoring equipment during the contract period.” While reading this statement
along with the sub-bullets beneath this requirement, we are seeking clarification. Are
you looking for a technology roadmap that provides the State with planned
enhancements for the proposed system or is the State looking for an implementation
and transition plan for migrating to the new proposed system?
Response: Section 3.11.2 refers to planned enhancements and Section 3.11.1 is
referring to the implementation and transition plan for migrating to the new
proposed system.
23. In order to provide our best possible offer, it is very important to have historical call
volume information for all call types, broken down by Collect, Prepaid and Debit.
Call volume data is necessary to estimate costs as well as potential revenues. The
current vendor, SECURUS, has access to this information, so distributing the
information to other vendors in a timely fashion will ensure a level playing field for
all bidders.
Response: See Response to #3 above and Revised RFP with Addenda #1-3.
24. RFP Section 3.1 states that the Inmate Welfare Fund currently receives approximately
$9.6 million annually in revenue under the SECURUS contract. Given the historical
call data provided in the RFP, the high concentration of local calls, and the calling
rates published on the SECURUS website, we are unable to calculate revenue for the
State that is anywhere near $9.6 million annually. Will the State please confirm that
$9.6 million is the correct annual commission revenue amount paid to the State? If
the $9.6 million is correct, can the State please explain the discrepancy between the
call
data
provided
and
the
State’s
annual
revenue
earnings?
Response: Revenue to the State is approximately $7 million. Please see
Addendum #3 and Revised Section 3.1 of Revised RFP with Addenda #1-3.
25. To confirm our understanding of current call volume, please provide the total revenue
generated by the inmate telephone system over the last year, the current commission
percentage, and the total commission dollars received by the State for last year.
Response: Please see response to #3 and #24 above for total revenue generated
over the last year and the total commission dollars received by the State for last
year. The current commission percentages are:
Local
Collect
48%
Prepaid
60%
InterLATA
57.5%
60%
26. The total number of estimated calls provided in Attachment M exceeds 7.3 million.
However, this is not consistent with the call history provided in Attachment F of the
RFP, which shows less than 4.5 million calls per year. Is there a reason the State
wants vendors to base their financial offering on this estimated call volume in
Attachment M, which is drastically higher than the current call volumes provided in
Attachment F? Does the State suspect there will be an increase in inmate calling for
any particular reason?
Response: The estimated calls on the Financial Form are for evaluation
purposes only. However, they have been revised to reflect more realistic figures
based on number of calls from July 1, 2011 through June 30, 2012. See
Addendum #3 for revised Financial Proposal Form.
27. Based upon information provided in the RFP and the response to question #1 in the
Questions and Answers Document #1, we have summarized our understanding of the
do-not-exceed rates below. Please confirm these rates to be accurate, or provide
correct rates in the tables below.
Collect Calls
1st Minute
Surcharge
Local
IntraLata
InterLata/InterState
$0.85
$0.00
$0.00
$0.00
$2.47
$2.85
Additional
Minute
$0.00
$0.15
$0.30
Prepaid Collect Calls
1st Minute
Surcharge
Local
IntraLata
InterLata/InterState
$0.50
$2.25
$0.00
$0.00
$0.27
$0.30
Additional
Minute
$0.00
$0.21
$0.30
Debit Calls
Surcharge
Local
IntraLata
InterLata/InterState
$0.50
$2.25
$0.00
1st Minute
$0.00
$0.27
$0.30
Additional
Minute
$0.00
$0.21
$0.30
Response: These charges are not correct. Please see Addendum #3 which revises and
clarifies Section 5.7 Summary of Call Rates and Page 39 of Revised RFP with
Addenda #1-3.
28. In order to determine whether current call volumes of certain call types are unusually
high or drastically low, and to accurately assess the State’s potential revenue, it is
very important to understand the current rates being charged. Often, lowering the
calling rates can have a positive impact on call volumes, which change is important to
estimate in order to provide our most competitive commission offer.
Call Category
LOCAL – Collect
INTRALATA – Collect
Per-Call Connect
Fee
1st Minute Charge
Additional PerMinute Rate
INTERLATA – Collect
INTERSTATE – Collect
LOCAL – Debit
INTRALATA – Debit
INTERLATA – Debit
INTERSTATE – Debit
International – Debit
LOCAL – PrePaid Collect
INTRALATA – PrePaid
Collect
INTERLATA – PrePaid
Collect
INTERSTATE – PrePaid
Collect
Response: Please see Addendum #3 which revises the Summary of Call Rates and
Page 39 of the Revised RFP with Addenda #1-3.
29. In lieu of requesting a commission on Gross Phone Revenue, would the State
consider instead, requesting a Per Diem Rate which shall be paid to the State, based
upon the State’s average daily inmate population? There are many benefits to the
State in moving to that option of revenue payment which may include the following:
•
Gross Phone Revenue can encompass many calling categories and as such can be
complex and may not be clear for calculating what the State should receive in
commissions. Per Diem on the other hand is a very clear calculation for the State
to take its inmate population and multiply it by the awarded Per Diem in
determining the State’s commission income.
•
The Per Diem rate provides the State with a guarantee as to what its revenue
stream will be, irrespective of the day to day call volume, funds available for
phone calls, phone system availability and up time, etc. Per Diem greatly reduces
any risk to the State as to what the future revenues will be, providing for a steady
and stable assurance/guarantee for planning and budgeting the use of those
revenues.
•
With a Per Diem rate, the State’s revenues are not negatively impacted if inmates
are unable to use phones for reasons such as an outage of the phone system or
services. The facility receives the revenues no matter if the phones are available
and operational or not.
•
The State’s revenue is not negatively affected by any fees charged, which could
negatively impact the available moneys for phone calls.
•
The Per Diem model can provide an increased incentive for the provider to keep
the system operational, phones available for inmate use, and to provide great
service to the consumers, as the provider must pay the Per Diem irrespective of
•
the number of phone calls being made or the revenue being generated from those
calls.
The Per Diem model assures the state that it is indeed receiving all of the revenue
it is due.
Response: No. DPSCS will not consider a Per Diem Model.
30. The RFP requires that inmate phone vendors provide Collect, Prepaid and Debit
calling options, and that we provide rates and commissions for Collect, Prepaid and
Debit calling for evaluation purposes. Please confirm that these are the only types of
calls required or allowed by the State.
Response: The only types of calls allowed by DPSCS are Collect and
Debit/Prepaid. Please see Addendum #3 and Revised RFP with Addenda #1-3
for types of calls and call rates.
31. Some providers may offer other types of phone calls, outside of the traditional options
of Collect, Prepaid, and Debit calling. These non-traditional types of calls may
include but not be limited to single-call payment by credit/debit card, and text
message billing for a single call via wireless carrier. Because these billing options do
not fall into the traditional categories of Collect, Prepaid and Debit calling, the calls
are often billed at a much higher rate than the rates approved by the State, and the
revenue is often excluded from the commissionable gross revenue amount.
Please confirm that these types of billing options outside the required Collect, Prepaid
and
Debit
options
will
not
be
allowed
by
the
State.
Response: Please see response to Question #30 above.
If these types of calls will be allowed, where in the RFP response are bidders required
to disclose calling rates and commission rates associated with these calls, and how
will they be evaluated? Will the State modify Attachment M to calculate the costs to
consumers for these calls, and commission revenue paid to the State?
Response: DPSCS is not allowing these types of call. See response to Question
#30 and above.
32. Please list any and all fees that SECURUS is charging to inmates and/or end users.
Examples of such fees include prepaid account set up fees, funding fees, refund fees,
bill statement fees, account closure fees, etc. It is very important for all vendors to
understand the current fee structure, as it might be affecting current call volumes and
revenue.
Response: Please see Addendum #3 and Revised Financial Proposal which
details the type of fees that DPSCS is now allowing under any resulting contract.
33. Will the State allow vendors to charge additional fees outside of the calling rates
listed in Attachment M? If so, please confirm that these fees must be disclosed as part
of the proposal response.
Response: Please see response to Question #32 above.
In addition, please confirm that the State will also require disclosure of any fees
charged by third-party vendors, such as Western Union, Money Gram, or any other
entity that accepts funds from consumers to establish or fund prepaid accounts.
Response: Please see response to Question #32 above.
34. Please confirm that the State will require all bidders to fill out a table similar to the
following, to ensure disclosure of any and all fees? (see table on next page)?
Response: Please see response to Question #32 above.
Fee Type
Funding Fee
Bill Statement Fee
Refund Fee
Wireless Account Fee
Single Bill Fee
Paper Statement Fee
Account Setup Fee
Account Maintenance
Fee
Inactive Account Fee
Account Closing Fee
Check/Money Order
Processing Fee
Payment Processing
Entity Fee (e.g.,
MoneyGram, Western
Union, other)
State Regulatory
Recovery Fee
Inmate Station Service
Charge
Non-Subscriber Line
Service Charge
Cellular Telephone
Surcharge
Miscellaneous or other
surcharges and fees
not listed above
(itemize below)
Fee Amount
Applies to Which
Calling Type(s) –
Collect, Prepaid, &/or
Debit
35. If fees are allowed, should the fees described above be included in Volume I or
Volume II of the proposal response?
Response: Fees should be included with Volume II- Financial Proposal Form.
See Addendum #3 for revised Financial Form.
36. If fees are allowed and will need to be disclosed, how will they be evaluated? Will
they be somehow factored into the Financial scoring system described in the RFP?
Response: Please see Addendum #3 and revised Section 5.7 of the RFP on the
how the fees will be included in the Financial Evaluation.
37. What is the total average daily population in all of the State’s facilities? What is the
maximum capacity?
Response: Please see Addendum #2.
38. What additional equipment, besides inmate and pay telephones and TDD/TTY
devices, is the State requiring? Please fill out the following table with quantities
required.
Equipment
Cart phones
Hands-free phones
Cordless phones
Visitation Booths
Enclosures
Stands?
Workstations \ Laptops
Printers
Quantity
Response: DPSCS has no additional requirement for equipment besides inmate
and pay telephones and TDD/TTY devices.
39. Requirement 4.2 Proposal Format requires that Volume I - Technical Proposal be
submitted in MS Word. While our Technical Response can certainly be submitted in
MS Word format, some parts of Volume I are available only in PDF format – for
example, audited financial statements, product brochures, and our implementation
plan (native MS Project file rendered in PDF). As long as our narrative responses are
provided in MS Word, is it acceptable if some parts of our Technical Proposal, such
as exhibits requested, are attached in PDF format?
Response: Pdf is acceptable
40. Several factors outside of the State’s control could potentially reduce inmate call
volumes in the future, such as less funds being available for inmate phone calls, lower
inmate populations, phone system outages, etc. If any of these events were to occur,
the State’s commission revenue would in turn also be reduced as it is directly tied to
the Gross Revenue generated by the inmate telephone system. The State can
safeguard against this potential threat by requesting a Minimum Annual Guarantee
(MAG) in addition to the commission rate offered on Gross Revenue. With a MAG in
place, the State will receive whichever is higher of the two commission payment
methods: the commission percentage based upon True Gross Revenue or the
Minimum Annual Guarantee. Therefore, to eliminate any risk to the State and ensure
there is never a negative impact to commissions throughout the contract term, will the
State include a requirement to provide a MAG in addition to a commission rate based
on True Gross Revenue?
Response: No
41. In addition to the new information provided in Attachment E, would you please
provide a telephone number for each facility? This is necessary for the ordering of
telephone circuits for each facility.
Response: Telephone numbers for each facility can be found on the DPSCS
website: http://www.dpscs.state.md.us/locations/prisons.shtml
42. Section 3.4.38 states “The system shall allow collect/debit/prepaid calls to cellular
phones.” In the normal operation of an inmate telephone system, calls to cellular
phones are only completed using debit or prepaid calling. At a minimum the DOC, to
avoid gouging the inmate’s families, must not permit vendors to charge any other fee
other than the first minute and per minute charges that they defined in the DPSCS
bidding matrix. Please confirm that only the first minutes and per minute charges that
they defined in the DPSCS bidding matrix will be charged.
Response: Please see Addendum #3 and revised Financial Form for the fees that
DPSCS will allow under any resulting contract. No other fees will be allowed.
43. Section 3.11.1, First Bullet point states, “The Contractor’s approach for the
installation of the inmate pay station system throughout all DPSCS locations shall be
consistent with all Inmate Visiting Procedures.” Please explain why it is necessary to
be consistent with all Inmate Visiting Procedures.
Response: It is necessary to be consistent with the Inmate’s Visiting Procedures
because it addresses such things as the dress code and search procedures which
the Contractor entering any DPSCS facility would have to adhere to.
44. In the updated version of the RFP that was released with Addendum #2, the page
alignment of some of the required forms has some form overlapping, notably
Attachment J-K. Will the State release a corrected version of these overlapped forms?
Response: Yes. See Revised RFP including Addendums #1-3.
45. In the Question and Answer #2 response to Question #29, how is the individuals’
name added to the list today?
Response: The individual’s name is over the phone automated using via the
Inmate Payphone System with an automated list management function.
46. Where in the RFP response would the DPSCS prefer vendors address any value
added features that they may be offering?
Response: See response to #11 above.
47. In the issued Questions and Answers #1, Question #1 answer states “The
current interLATA rate of $2.85 will apply to the combined category.”
Please confirm the following:
a. Please confirm that the rate cap identified above, $2.85, is for the
first minute of use.
Response: Please see Addendum #3 which revises the Summary
of Call Rates and Page 39 of the Revised RFP with Addenda #13.
b. Please confirm that the rate cap identified above, $2.85, is not for the
entire cost of the call since the pricing matrix requires an initial
minute and additional minute pricing.
Response: Please see Addendum #3 which revises the Summary
of Call Rates and Page 39 of the Revised RFP with Addenda #13.
Date Issued: August 29, 2012
By: _________________________
Joselyn Hopkins
Director of Procurement Services
Department of Public Safety and Correctional Services
0
Office of the Secretary
300 E. JOPPA ROAD • SUITE 1000 • TOWSON, MARYLAND 21286-3020
(410) 339-5000 • FAX (410) 339-4240 • TOLL FREE (877) 379-8636 • V/TTY (800) 735-2258 • www.dpscs.state.md.us
.
STATE OF MARYLAND
PRE-PROPOSAL CONFERENCE SUMMARY
MARTIN O’MALLEY
GOVERNOR
July 26, 2012 1:00 PM
Solicitation: DPSCS Q0013001
Inmate Payphone Equipment and Services
ANTHONY G. BROWN
LT. GOVERNOR
GARY D. MAYNARD
SECRETARY
G. LAWRENCE FRANKLIN
DEPUTY SECRETARY
ADMINISTRATION
RANDALL NERO
ACTING DEPUTY
SECRETARY
PROGRAMS & SERVICES
DAVID N. BEZANSON
ASSISTANT SECRETARY
CAPITAL PROGRAMS
DIVISION OF CORRECTION
DIVISION OF PAROLE AND
PROBATION
DIVISION OF PRETRIAL
DETENTION AND SERVICES
PATUXENT INSTITUTION
MARYLAND COMMISSION
ON CORRECTIONAL
STANDARDS
CORRECTIONAL TRAINING
COMMISSION
POLICE TRAINING
COMMISSION
MARYLAND PAROLE
COMMISSION
CRIMINAL INJURIES
COMPENSATION BOARD
EMERGENCY NUMBER
SYSTEMS BOARD
Ladies/Gentlemen:
The Maryland Department of Public Safety and Correctional Services (DPSCS)
conducted a Pre-proposal Conference for Inmate Payphone Equipment and
Services at the DPSCS- Office of the Secretary Conference Room, 300 E. Joppa
Road, Towson, MD 21286, 10th Floor Conference Room. An attendance list is
included with this summary as Attachment 1. Attending on behalf of the State
were: Joselyn Hopkins, DPSCS Procurement Director, Jay Miller, DPSCS
Operations- Corrections IT Manager, and Carroll Parrish, DPSCS Contract
Manager for this Contract.
This Summary is being issued to document the Pre-Proposal Conference. The
Director of Procurement Services, Joselyn Hopkins, convened the conference, and
Department (DPSCS) staff and attendees representing prospective offerors in
attendance introduced themselves.
Ms. Hopkins then reviewed the RFP:
SUNDRY CLAIMS BOARD
INMATE GRIEVANCE OFFICE
Notice to Vendors (encouraged vendors to provide comments as to why
they decided not to bid on opportunity to assist DPSCS with future
solicitations);
Key Information Summary Sheet ( reviewed RFP release due date,
proposal due date/time, proposals submission closing date date/time);
Section 1- General Information (reviewed Summary Statement, Project
Manager, Procurement Officer, Questions, E-Maryland Marketplace,
Questions, Proposal Due Date, Mandatory Contractual Terms,
Procurement Method and Contract Commencement and Duration).
Section 2- Minimum Qualifications. Ms. Hopkins stated that any vendor
who submits a proposal and does not meet the minimum requirements
would be deemed “Not reasonably susceptible of being selected for
award.” They would not receive further consideration and their financial
proposal would be returned unopened.
Section 3- Scope of Work (reviewed the background, Contractor
Requirements, Inmate Telephone System and Equipment Requirements,
System Features, Inmate Telephone Recording/Monitoring System, Call
Branding, Fraud Control, Service Program, Customer Service and
Implementation and Installation).
Ms. Hopkins continued with reviewing the remainder of the RFP:
Section 4- Proposal Format (reviewed the format in which proposals are
to be submitted)
Section 5- Evaluation Criteria and Selection Procedure (emphasized that
the call rates proposed could not exceed the Summary of Call Rates
detailed on Page 37 of the RFP.)
Attachments A through M (emphasized that any exceptions to the terms of
the contract must be included in the Offeror’s Executive Summary)
Ms. Hopkins then responded to some of the questions that had been submitted prior to the
pre-proposal conference and opened the floor for further questions.
Ms. Hopkins stated that that all questions and answers and any addendum would be
posted to eMaryland Marketplace and the Department’s website as soon as possible. She
reiterated that should anyone have any questions that they should email them to her.
The meeting was adjourned at 1:35 pm.
Date Issued:
August 8, 2012
By: _________________________
Joselyn Hopkins
Director of Procurement Services
Any individuals requiring copies of the transcripts of the pre-proposal conference
should contact Hunt Reporting at (410) 766-4868.
Attachment 1: Pre-Proposal Conference Attendance List
Attachment 1: Pre-Proposal Conference Attendance List
Name
Tom Hearn
Chris Rode
Kevin Myers
Tony Pellegrino
Joann Muraglia
Clyris Gickler
Art Heckel
John Gallagher
Tillman Mosley
Company
IC Solutions (ICS)
ICS
ICS
GTL
Mid-Atlantic Consultants
GTL
Securus
Telmate, LLC
Shawntech
Email
RFP@ICSolutions.com
RFP@ICSolutions.com
RFP@ICSolutions.com
Apellegrino@GTL.Net
jgmuraglia@msn.com
cgtckler@GTL.Net
aheckel@securstech.net
Gallagher@temate.com
TMosley@Shawntech.com
Phone
251-654-7746
732-248-2327
732-509-0125
814-515-1760
856-988-1570
740-369-1509
973-930-8720
617-696-1156
937-898-4724
MBE
N
N
N
N
Y
N
N
N
Y
