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State of Nevada
Department of Administration
Purchasing Division
515 E. Musser Street, Suite 300
Carson City, NV 89701
Jim Gibbons
Governor
Greg Smith
Administrator
Division of Purchasing
Request for Proposal No. 1628
For
INMATE TELEPHONE SERVICES
Release Date: August 21, 2007
Deadline for Submission and Opening Date and Time:
October 15, 2007 @ 2:00 PM
For additional information, please contact:
Gail Burchett, Purchasing Officer
(775) 684-0172
(TTY for the Deaf or Hard of Hearing: 1-800-326-6868.
Ask the relay agent to dial 1-775-684-0172/V.)
This document must be submitted in the “State
Documents” section/tab of vendors’ technical proposal
See Page 28, for instructions on submitting proposals.
Contact Information
Company Name ___________________________________________________________________
Address _____________________________ City _______________ State ______ Zip _________
Telephone (___) ___________________________ Fax (___) _______________________________
E-Mail Address:
Prices contained in this proposal are subject to acceptance within 180 calendar days.
Contact Person ____________________________________________________________________
Print Name & Title _________________________________________________________________
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TABLE OF CONTENTS
1. OVERVIEW OF PROJECT............................................................................................................... 3
2. ACRONYMS/DEFINITIONS ............................................................................................................ 4
3. SCOPE OF WORK.............................................................................................................................. 6
4. COMPANY BACKGROUND AND REFERENCES..................................................................... 22
5. COST /COMMISSION ..................................................................................................................... 25
6. SUBMITTAL INSTRUCTIONS ...................................................................................................... 28
7. PROPOSAL EVALUATION AND AWARD PROCES ................................................................ 32
8. TERMS, CONDITIONS AND EXCEPTION ................................................................................. 33
9. SUBMISSION CHECKLIST............................................................................................................ 38
Attachment A .......................................................................................................................................... 39
Attachment B........................................................................................................................................... 41
Attachment C .......................................................................................................................................... 43
Attachment D .......................................................................................................................................... 52
Attachment E........................................................................................................................................... 55
Attachment F........................................................................................................................................... 67
Attachment G .......................................................................................................................................... 68
Attachment H .......................................................................................................................................... 71
Attachment I............................................................................................................................................ 73
Attachment J ........................................................................................................................................... 82
Inmate Telephone Services
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A Request for Proposal process is different from an Invitation to Bid. The State expects vendors
to propose creative, competitive solutions to the agency's stated problem or need, as specified
below. Vendors may take exception to any section of the RFP. Exceptions should be clearly stated
in Attachment B (Certification of Indemnification and Compliance with Terms and Conditions of
RFP) and will be considered during the evaluation process. The State reserves the right to limit
the Scope of Work prior to award, if deemed in the best interest of the State NRS §333.350(1).
1.
OVERVIEW OF PROJECT
The State of Nevada, Division of Purchasing, on behalf of the Nevada Department of Corrections
(NDOC) is currently seeking qualified vendors to submit proposals for furnishing, installing, and
maintaining an Inmate Telephone System (ITS) for use in all present and future correctional
facilities. The intent of this RFP is to award a single statewide contract that will enable inmates
at all State facilities to make auto-collect local and long distance calls, debit local, long distance
and international calls and/or pre-paid local, long distance and international calls from the State
facilities. The NDOC has special security requirements and has a prime objective of controlling
inmate telephone usage and limiting the use of the telephone system for fraudulent activity.
1.1
The system at each NDOC facility must allow for DOC investigative personnel located
either at the facility or central administration to remotely access each of the systems via a
secure, password protected method. Specified DOC personnel must have the ability to
change or modify or view any privileges or restrictions pertaining to inmates at their
facility.
1.2
The system features should include, but are not limited to: central and remote site
network administration, centralized NDOC system database, automated operator, call
branding, call blocking, three-way call detect, call forwarding detect, answering
supervision, call duration limits and other inmate calling restrictions, call monitoring and
recording, hot number tracking and system reporting. The vendor shall install and
operate prison inmate telephones and all related equipment including wiring for the
inmate telephones, installation, and any related hardware and software/firmware
specifically identified in this RFP without cost to NDOC. All proposals must include a
program for commission payments to NDOC.
1.3
NDOC currently has approximately 13,000 inmates housed in numerous locations
throughout the State of Nevada in varying levels of security.
1.4
The State of Nevada currently has 13 different Local Exchange Carriers operating within
the state of Nevada.
1.5
The contract award will be for an initial term of three (3) years with yearly extensions up
to a total of six (6) years if in the best interest of the State. In the event the State
exercises such right, all terms and conditions, requirements and specifications of the
Contract shall remain the same and apply during the renewal terms. This contract will
not automatically renew.
1.6
The vendor may include any other information that is believed to be relevant to this
procurement but not specifically asked for in this RFP. Vendor may explain in detail any
Inmate Telephone Services
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innovation, alternatives or more cost effective approaches available in any area of this
RFP. Vendor may provide suggestions of other products or services available that may
assist the State.
2.
1.7
Vendors must provide complete responses to all sections and numbered conditions of this
RFP. If a vendor is in compliance with the section or numbered condition, please state,
“Read, agree and will comply”. If you are not in agreement (taking an exception) please
mark as “Read and do not comply” and give a detailed response and alternative to the
section. All exceptions must be specified in Attachment B of this RFP.
1.8
The current contract is with Global Tel Link (Verizon Business/MCI/WorldCom)
1.9
Vendors that choose not to submit a proposal are requested to submit a Statement of NonSubmittal in accordance with Attachment H.
ACRONYMS/DEFINITIONS
For the purposes of this RFP, the following acronyms/definitions will be used:
ADA
Americans with Disabilities Act
ADL
Additional Designated Lines
Awarded Vendor
The organization/individual that is awarded and has an approved contract with the
State of Nevada for the services identified in this RFP.
BNS
Billed Number Screening – Used to ensure that calls to block numbers and cell
numbers are not completed
CLEC
Competitive Local Exchange Carrier
Collect Call
A collect call is a call positively accepted by the called party and a call in which
the called party will pay the charges of the call.
Confidential
Information
Any information relating to the amount or source of any income, profits, losses or
expenditures of a person, including data relating to cost or price submitted in
support of a bid or proposal. The term does not include the amount of a bid or
proposal. See NRS §333.020(5) (b).
Debit Call
A debit call is a call placed using telephone time that an inmate has pre-purchased
through the commissary, and debited from his inmate bank account.
DOC
Department of Corrections
Division
Department, Division.
EIA/TIA
Setof three telecommunications standards from the Telecommunications Industry
Association, a 1988 offshoot of the EIA.
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Evaluation
Committee
An independent committee comprised of a majority of State officers or employees
established to evaluate and score proposals submitted in response to the RFP
pursuant to NRS §333.335.
ITS
Inmate Telephone System
LEC
Local Exchange Carrier
LIDB
Line Information Data Base
LOI
Letter of Intent - notification of the State’s intent to award a contract to a vendor,
pending successful negotiations; all information remains confidential until the
issuance of the formal notice of award.
May
Indicates something that is not mandatory but permissible.
NAC
Nevada Administrative Code
NDOC
Nevada Department of Corrections
NOA
Notice of Award- formal notification of the State’s decision to award a contract,
pending Board of Examiners’ approval of said contract, any non-confidential
information becomes available upon written request.
NRS
Nevada Revised Statutes
PAN
Personal Approved Number(s)
PIN
Personal Identification Number
Pre-paid Collect
A prepaid collect call shall be defined as a call made by an inmate using funds
prepaid by family or friends associated with approved telephone numbers on an
Inmate’s PAN. A pre-paid collect call shall only be made to the specific number
for which the called party has established an account with the vendor.
Proprietary
Information
Any trade secret or confidential business information that is contained in a bid or
proposal submitted on a particular contract.
Public Record
All books and public records of a governmental entity, the contents of which are
not otherwise declared by law to be confidential (see NRS §333.333 and NRS
§600A.030 (5)) must be open to inspection by any person and may be fully copied
or an abstract or memorandum may be prepared from those public books and
public records.
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PUC
Public Utility Commission
RFP
Request for Proposal - a written statement which sets forth the requirements and
specifications of a contract to be awarded by competitive selection NRS
§333.020(7).
Shall/Must/Will
Indicates a mandatory requirement. Failure to meet a mandatory requirement may
result in the rejection of a proposal as non-responsive.
Should
Indicates something that is recommended but not mandatory. If the vendor fails
to provide recommended information, the State may, at its sole option, ask the
vendor to provide the information or evaluate the proposal without the
information.
State
The State of Nevada and any agency identified herein.
Subcontractor
Third party, not directly employed by the vendor, who will provide services
identified in this RFP. This does not include third parties who provide support or
incidental services to the vendor.
TDD
Telephone Devices for the Deaf
Trade Secret
Means information, including, without limitation, a formula, pattern, compilation,
program, device, method, technique, product, system, process, design, prototype,
procedure, computer programming instruction or code that: derives independent
economic value, actual or potential, from not being generally known to, and not
being readily ascertainable by proper means by the public or any other person
who can obtain commercial or economic value from its disclosure or use; and is
the subject of efforts that are reasonable under the circumstances to maintain its
secrecy.
UPS
Uninterruptible Power Source
Vendor
Organization/individual submitting a proposal in response to this RFP.
Workstation
Equipment used for monitoring inmate calls. This includes a UPS (Universal
Power Source) to keep power to the workstation up to 30 minutes after a power
failure in order to monitor calls.
3.
SCOPE OF WORK
3.1
VENDOR RESPONSIBILITIES – General
The vendor shall furnish, install and maintain all equipment and software necessary to
provide all telephone services to the inmates utilizing the vendor’s Inmate Telephone
System (ITS) to all current and future Facilities operated by the State as shown in
Attachment E.
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3.2
3.1.1
All vendors submitting a response to this RFP must be appropriately licensed by
the Nevada State Contractors’ Board in accordance with NRS 624. Vendors shall
comply with all applicable laws, rules, regulations, and orders of any authorized
agency, commission, unit of the federal government, state, county, or municipal
government at no cost to the State. The vendor shall be authorized by the
appropriate governing body and/or regulatory agency to be an Inmate Telephone
Service Provider.
3.1.2
The ITS shall comply with all Federal Communication and/or Utility
Commissions regulations.
3.1.3
Site Evaluations: Vendors shall have an opportunity to visit the Facilities
marked in Attachment E as “Evaluation Sites” during the RFP process. The State
strongly encourages that vendors perform site visits on all of the facilities. Site
visits for the Facilities will be conducted according to the schedule outlined on the
Site Evaluation Form attached as Attachment I. This will be the only time
available for the Vendor to visit the Facilities marked as Evaluation Sites. Please
note that any verbal questions posed during the site evaluations must be submitted
in writing by the Vendor on or before September 21, 2007.
3.1.4
Background Check Approvals for site visits are required. For security reasons, the
vendor must complete Attachment I Background Check form and return the
completed form to Gail Burchett via fax at (775) 684-0188 or E-mail
gburchet@purchasing.state.nv.us on or before September 4th, 2007. Because of
space considerations, each vendor shall be limited to a maximum of two
representatives to attend each site evaluation.
VENDOR RESPONSIBILITIES – Equipment and Software
3.2.1
The vendor shall provide all equipment and software necessary to provide the
services as requested in this RFP. These services include but are not limited to
telephone sets, wiring, connectors, jacks, security and monitoring hardware, and
software systems.
3.2.2
The vendor will be responsible for the all equipment in the Inmate Telephone
System in its entirety or its individual components including, but not limited to
normal wear/use, inmate abuse, natural disaster, or inmate unrest. This system or
component replacement will be performed at no cost to the State and will occur
immediately upon notification to the vendor of the system problem by the
Facility, or State designee.
3.2.3
The vendor shall provide the requested number of workstations as specified in
Attachment F, working real-time with the ITS, for such monitoring, recording and
reporting. The workstations shall include a CD/DVD burner and printer. The
State requires that the monitors provided be LCD flat panels. All monitoring
hardware should be of the latest technology, and reliability. The vendor will be
responsible to maintain the hardware for the life of the contract. The vendor will
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replace the hardware if needed to allow investigation staff at each facility the
latest tools for access to ITS.
3.3
3.2.4
The vendor shall notify the State of any new software upgrades within thirty (30)
days of the introduction of the new software into the market by the vendor. The
vendor shall upgrade the ITS with new software versions and new hardware as
required by the State at no cost to the State.
3.2.5
Vendors are to provide information on their ability to detect the presence of cell
phones within a facility. This can be done though the vendor’s company or in
conjunction with a subcontractor. Please indicate the impact on the commission
should the State decide to move forward with this requirement.
VENDOR RESPONSIBILITIES - Initial and Ongoing Installations
3.3.1
For each facility installation, the vendor shall submit an implementation plan
which shall include an installation schedule. Any initial installations must be
completed within one hundred twenty (120) days after the approval of the contract
by the Board of Examiners and the State’s order to proceed. Should
implementation be delayed by any party other than the State beyond the 120 days
allotted, the vendor shall pay for any additional telephone service costs and/or lost
commission incurred by the State as a result of the time delay.
3.3.1.1 Weekly updates to the installation plan must be submitted to DOC
Administration located in Carson City, Nevada. If the implementation
extends past the one hundred twenty (120) days, the vendor will pay for
any additional telephone services costs and or lost commissions incurred
by the State as a result of the time delay.
3.3.2
The vendor agrees to obtain the State’s written permission before proceeding with
any work that requires cutting into or through girders, beams, concrete or tile
floors, partitions or ceilings, or any work that may impair fireproofing or moisture
proofing, or potentially cause any structural damage. The State does not
anticipate that such work will be required for the initial installation of the ITS.
3.3.3
The vendor agrees to assume responsibility for all installation of equipment in
accordance with the specifications contained in the manufacturer's installation
instructions.
3.3.4
Use of existing or in-place conduit, raceways, cable ways, cable, inside wiring,
telephone set mountings, switches, terminal boxes, and terminals within the
Facility are at the risk of the vendor. No exposed wiring will be permitted.
Ownership of any wiring or conduit placed under this Agreement by the
successful vendor becomes the State’s property upon termination and/or
expiration of the Agreement.
3.3.5
The vendor agrees that if any cabling work is required as part of any installation,
all new cables shall be used and marked clearly and legibly at both ends, and must
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meet all applicable EIA/TIA wiring standards for commercial buildings. All new
cabling required by the vendor will be installed by the vendor at no cost to the
State.
3.3.6
The successful vendor must agree to install the quantity of telephones required by
the State as detailed in Attachment F.
3.3.6.1 During the term of this Agreement, the vendor shall install any additional
telephones, and monitoring and recording equipment at no cost to the
State. This includes expansion to the existing Facility and any newly
constructed Facility throughout. Any new facilities will be added to the
contract through an amendment and will be afforded the same terms and
conditions.
3.3.7
The vendor shall provide and install adequate surge and lightning protection
equipment on all lines used for the ITS. This shall include a UPS for the switch if
required. UPS units must be adequate for the size of each Facility. Adequacy must
be documented based on UPS manufacturer’s recommendations. The vendor must
provide, install and maintain (according to manufacturer’s specifications) all ITS
UPS equipment at each of the Facilities. The vendor must replace all UPS
equipment upon expiration of the manufacturer’s life cycle of the installed
product. The use of traditional “power strips” for surge protection is not
acceptable.
3.3.8
Installation of all telephones and related equipment shall be accomplished during
normal business hours at each Facility or as directed by the Facility's onsite
Warden.
3.3.9
The vendor shall clean up and remove all debris and packaging material resulting
from work performed.
3.3.10 The vendor shall restore to original condition any damage to the State’s property
caused by maintenance or installation personnel associated with the vendor,
including repairs to walls, ceilings, etc.
3.3.11 The vendor agrees to install, repair and maintain all vendor provided equipment
and lines at no cost to the State. All vendor provided equipment, installation,
maintenance and repair costs as well as all costs or losses due to vandalism shall
be the total responsibility of the vendor.
3.3.12 Upon completion of initial installation and ongoing installations, vendor must
provide the State with a list of telephone numbers, serial numbers, and locations
of each unit.
3.3.13 The vendor must indicate the physical size of any controlling equipment to be
installed at the State’s facilities.
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3.3.14 The vendor must indicate any environmental conditions required for the proposed
controlling equipment. This will include any air conditioning or heating
requirements for the control room or area. The vendor may be required to supply
the necessary heating or cooling system for the control room.
3.3.15 The vendor shall offer cordless phones to the State at designated facilities. Those
facilities requesting cordless phones will be shown on Attachment F. The vendor
shall provide the cordless phones to the State at no cost to the State. The vendor
shall process the calls from the cordless phones through the ITS. The vendor will
supply additional cordless phones and or batteries for the phones at no cost to the
State throughout the term of this contract.
3.4
STATION EQUIPMENT SPECIFICATIONS
3.4.1
The ITS shall be capable of providing all operational features and system
requirements applicable to all calls placed through the system, including local,
long distance, and international calling.
3.4.2
Each call, having been identified as being placed through the vendor’s ITS, shall
be delivered to the called party as a collect call, debit and/or prep-paid call. Please
describe your company’s methodology to accomplish this.
3.4.3
Do you, the vendor have the ability to track other carrier’s phones and validate
bill to numbers?
3.4.4
The vendor shall subscribe to the Line Information Data Base (LIDB) for
validation purposes. The vendor shall query this database for each inmate call and
process only those calls which do not have Billed Number Screening (BNS) or
Billed to Numbers (BTN). The vendor must assume all responsibilities for the
cost of the validation.
3.4.5
Telephone station equipment shall be powered by the telephone line and require
no additional power source. A power source will be available at the demarcation
location. Vendors may be required to identify the demarcation location for each
Facility.
3.4.6
The vendor must provide a universal power supply/power back up system (UPS)
for the ITS robust enough to support the system for 30 minutes in the event of a
power outage. The vendor is responsible for maintaining the UPS per
manufacturer’s instructions and warranty for the term of the Agreement.
3.4.7
In the unlikely case of the loss of commercial power and the failure of the UPS,
the ITS must automatically restrict or “shut off” all inmate telephones so that no
inmate calls can be made until commercial power is restored and access is one
again provided by the State.
3.4.8
The vendor must describe in its response what component redundancy is provided
to limit or virtually eliminate system downtime due to hardware component
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failure.
3.4.9
The ITS and telephone stations shall be sturdy, non-coin, vandal resistant and
steel armored composed of durable, tamper-free equipment suitable for a
detention environment. The equipment must contain no removable parts.
3.4.10 The vendor shall provide a sufficient number of telephone lines to the ITS to
prevent inmates from receiving busy signals more than 0.5% of the time.
3.4.11 The vendor shall provide telephone reception quality equal to the highest level of
toll quality offered to the general public and shall meet telecommunication
industry standards for service quality.
3.4.12 The vendor shall provide accommodations necessary to comply with Americans
with Disabilities Act (ADA) requirements, including but not limited to providing
telephones which are accessible to persons in wheelchairs and providing systems
that are compatible with Telephone Devices for the Deaf (TDD). The vendor
shall provide the requested number of TDD units as specified in Attachment F.
3.4.13 A minimum of twenty (20%) percent of the telephone sets must be of the
“amplified” or volume controlled sort. The vendor shall accept the State’s
decision regarding whether the reception quality meets industry quality standards.
3.4.14 The ITS shall monitor the switch hook of the inmate telephones and if the switch
hook is depressed at any time, the call will be disconnected or an internal dial tone
should be activated to prevent fraud. The vendor must assume all responsibility
for fraud.
3.4.15 During the call set up process, the ITS shall provide a pre-recorded announcement
identifying that the call is coming from a specific inmate at the Facility listed on
Attachment E.
3.4.16 The ITS must offer the called party an option to receive a rate quote during the
call set-up process.
3.4.17 All collect calls including debit and pre-paid calls must be clearly identified as a
collect call to the called party. This recording must be heard by the called party,
and be free of any toll charges. Each call (whether collect, pre-pay or debit) shall
include the following announcement: "This call may be monitored and recorded."
The vendor must indicate how much time is allowed for the inmate to record
his/her name when placing a call and how many times the system will play the
message to the called party prior to termination.
3.4.18 Call acceptance by the called party shall be accomplished for all collect, debit and
pre-paid calls through caller confirmation (positive acceptance). Voice
recognition is not an acceptable method for positive call acceptance. The ITS
shall be able to recognize and distinguish standard or irregular busy signals,
standard or irregular ringing signals, answering machines, cellular telephones,
pagers, operator intercepts, quick disconnects, chain dialing, no voice from called
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party, etc. The vendor shall provide information on how the proposed ITS will
meet this requirement.
3.4.19 The ITS shall process calls on a selective bilingual basis: English and Spanish.
The inmate must be able to select the preferred language utilizing a simple code.
The vendor shall indicate whether the called party can also select the preferred
language for call prompts. Written dialing instructions in both English and
Spanish must be permanently and prominently displayed on each inmate
telephone.
3.4.20 The ITS shall provide a recording back to the inmate which details why a call was
not completed. Please provide a list of the available recordings.
3.4.21 The vendor shall indicate how calls to rotary telephones are handled to ensure
completion of all calls.
3.4.22 Please state your process for completing those calls that would normally be
blocked because of CLEC issues.
3.4.23 Please provide operational specifics and a description of your proposed inmate
phone system validation process. Please include whether the vendor’s validation
is done real time or by batch. Specify vendor’s process for unblocking a phone
number which was originally restricted for non-payment, to include the timeframe
for removing the restriction once the payment posts.
3.4.24 Please state your process for identifying a call being placed to a cell phone.
Please explain how current technology is/is not capable of detecting such
information and the percentage of called party numbers that can be recognized as
a cell phone.
3.5
REPORTING REQUIREMENTS
3.5.1
The vendor must provide reporting and querying methods and capabilities which
provide maximum flexibility, a user friendly interface, speed. Efficiency and
accuracy at both central and remove sites. The vendor must describe in their
response the reporting capabilities of the system including with out limitation the
ability of the system to access reports or a subset of reports to designated NDOC
personnel by password or other structured access and how this will be
accomplished.
3.5.2
Please list all available standard reports you can provide at no cost to the State.
3.5.3
Monitoring reports that can be provided or sorted by any or all of the following
criteria shall include but are not limited to:
•
•
•
Inmate Telephone Services
Daily statistical reports;
Facility name;
Originating number;
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•
•
•
•
•
•
•
•
•
•
3.5.4
Billing reports that can be provided or sorted by any or all of the following
criteria:
•
•
•
•
•
•
•
•
•
•
•
•
•
3.5.5
3.6
Call detail report;
Amount charged per call;
Gross revenue;
Daily statistics;
Monthly statistics;
Called party/number accepting report;
Fraud/velocity report;
Separate facility totals and statistics;
All Facility totals and statistics;
Total calls;
Calls by date;
Time of day; and
Length of a call.
The ITS shall be capable, upon request by the State, to provide specific
information for tracking inmate calling activities and calling patterns by
individual telephone numbers. The following reports shall be available for
monitoring purposes:
•
•
3.5.6
Terminating number;
Date of call;
Time of day;
Length of call;
Type of call;
PIN number;
Frequently called numbers (for all numbers called more than 5 times in
one day);
Common numbers called (for all numbers called by more than one
inmate);
Originating station; and
Bill type
PANs per inmate or identifying number; and,
Calls by PIN or other identifying number.
The ITS shall also provide the capability to customize reports in a form mutually
agreed upon by the State and the vendor.
DATA STORAGE
3.6.1
Off-site storage of call detail records shall be in a minimum of three (3) locations
to avoid any possibility of call detail records being lost. The vendor must provide
the State with the specifics on these locations and the frequency the data is backed
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up.
3.7
3.6.2
The ITS shall store all call detail records, including all attempted and completed
calls. This data will be stored at the vendor sites for the term of the contract plus
three years after contract termination.
3.6.3
The State shall have access to all call detail records from the workstation(s) or
remote computers. The workstation(s) shall provide the capability to copy the
Call Detail Records onto a Compact Disc (CD)/DVD.
SECURITY FEATURES
3.7.1
The ITS shall be TCP/IP compatible and allow multiple operators simultaneous
access while maintaining adequate security to prevent unauthorized use and
access.
3.7.2
The vendor shall have the capability to establish an “informant” line. Calls to the
“informant” line shall be free and shall be routed via the ITS to a destination
designated by the State. If so requested by the State, the destination for the
“informant” line may be an automated voicemail box. This call should not be a
charge to the inmate.
3.7.3 The telephone network services provided by the vendor shall not be capable of being
detected by the called party for calling number identification (caller ID).
3.7.4
The ITS shall prohibit direct-dialed calls of any type.
3.7.5
The ITS shall prohibit access to "411" information service.
3.7.6
The ITS shall prohibit access to 800 and 900 type services.
3.7.7
The ITS shall prohibit access to multiple long distance carriers via 950, 800 and
10 10-XXX numbers.
3.7.8
The ITS must be able to be shutdown quickly and selectively. The State must be
able to shutdown the ITS by cut-off switches at several locations including, but
not limited to:
•
•
•
3.7.9
At demarcation location - total Facility telephones;
By central control center - select telephones; and,
By select housing units - control center.
The ITS shall be able to take an individual station out of service without affecting
other stations or units.
3.7.10 The ITS shall prevent any inmate telephone from receiving any incoming calls.
The vendor agrees that no inmate telephone shall be capable of receiving an
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incoming call and the vendor shall work with the local exchange carriers (LECs)
to ensure such control.
3.7.11 The ITS will have a fraud prevention feature. This feature will randomly interject
pre-recorded announcements throughout the duration of the conversation.
What is this feature other than a recorded announcement?
3.7.12 The ITS, upon detection of a three way call (call forwarding and conference calls,
etc.), shall have the capability to terminate the call immediately. The ITS to plays
a message to the inmate or called party prior to terminating the call.
Describe this message.
3.7.13 The ITS shall have the capability to detect and terminate Remote Call Forwarding
calls. If the vendor’s ITS will not detect Remote Call Forwarding, please provide
the status of vendor’s research and development relative to detection of Remote
Call Forwarding.
Please explain your system and how it detects “false disconnects”?
3.7.14 The ITS shall have the capability of answer detection.
Please explain your answer detection methodology.
3.7.15 The inmate's call shall be muted until the called party has positively accepted the
call. The ITS must not allow the inmate to hear the called party prior to the actual
positive acceptance of the call.
3.7.16 The ITS shall be capable of limiting the length of a call, providing the dial tone at
certain times of the day and allowing a maximum number of minutes per inmate,
per month.
3.7.17 In all circumstances, the service shall limit the inmate to a single call request.
The service shall always require the inmate to disconnect and initiate another call.
3.7.18 The vendor shall provide information on any additional or optional features,
investigative or management systems or tools provided that may be of interest to
the State (i.e. word recognition/keyword search, reverse look-up, visitation phone
recording, etc.) Please ensure a complete description of the features application is
included. Also, detail any cost associated with the additional or optional features
described.
3.8
Personal Identification Number (PIN) Application
3.8.1
Facility and central office administrators should have authority to modify or
review any privileges or restrictions pertaining to an inmate. Level of authority
would be password/user account based.
3.8.2
The PIN application shall work with the ITS using all the features and
functionalities described herein. No calls shall be made without a PIN.
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3.8.3
The ITS shall have the capability to provide collect, debit and pre-paid station-tostation calling utilizing a PIN.
3.8.4
The ITS shall provide Allow Lists (PANs) associated with each PIN. These PANs
shall store a set quantity of allowed telephone numbers for each inmate. The
vendor shall indicate whether the proposed ITS documents updates or keeps a
history of PAN entries. (ex: time/date stamp, etc.).
3.8.5
The ITS should be able to identify if a PAN number appears on other inmates
PAN lists. The vendor shall indicate whether the proposed ITS documents
updates or keeps a history of PAN entries.
3.8.6
The ITS must allow each PIN to have a “class of service” assigned. For example,
each PIN shall have a list of allowable telephone numbers, the maximum duration
of each call, etc. The proposed system must provide call restrictions by PIN that
provide the following restrictions at a minimum:
•
•
•
•
•
•
Placing of calls: Inmates can be either approved or not approved to make
phone calls by PIN.
Use of Specific Telephones: Inmates, via the PIN, can be restricted to a
specific telephone or group of telephones, at the States option;
Duration of Call: Limit the duration of the call by facility by individual,
by type of call, (local, Interlata, etc,)
Time of Day Calling
Telephone Numbers that PIN Can Call: PAN
Combination of the Above:
3.8.7
Inmate PIN numbers are generated by the correctional management system. The
ITS shall be capable of storing and using Inmate ID numbers generated by the
State. Currently State ID numbers are 7 digits plus a 2 digit password
3.8.8
The ITS shall have the capability to interface with the State correctional
management system so that the inmate PIN will be automatically transferred to
the ITS. If the State elects the interface option, the Facility shall not be
responsible for entering PIN numbers into the ITS when new inmates are added.
3.8.9
The PIN numbers shall be stored in a database that is accessible to designated
users, depending upon the user’s password level.
3.8.10 The ITS shall include, at a minimum, an alert system that will detect and prohibit
an attempted call made to a restricted number, an attempted call using a restricted
PIN, or an attempted call made from a restricted telephone.
3.8.11 Once an inmate’s account has been activated in the ITS, the inmate shall be
allowed to place calls from any of the State’s Facilities. (If the inmate is moved,
we would want to cut the inmate off from using the PIN at the old facility and
activate this at the new facility).
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3.8.12 The ITS shall be capable of transferring inmate information (ex: PINs, PANs,
etc.) from one Facility to another Facility without requiring manual re-entry of the
inmate information. An inmate’s PIN cannot be activated in more than one
facility at a time.
3.8.13 The vendor shall indicate whether the proposed ITS is capable of documenting the
date/time when an individual PIN entry was added to or modified in the ITS.
3.9 MONITORING AND RECORDING REQUIREMENTS
3.9.1
The ITS shall allow the State’s staff at the Central Office in Carson City, NV to
remotely monitor live conversations and to access call recordings for all of the
State’s Facilities.
3.9.2
The ITS shall be capable of permitting full monitoring and recording of all calls
from any telephone within the Facility unless there are restrictions that prohibit
the recording and monitoring of certain calls such as attorney-client restrictions.
The ITS shall have the capability to exclude those calls.
Describe the methodology used for monitoring and restricting calls.
3.9.3
The ITS shall comprehensively record all calls. At a minimum, the Facility shall
have the capability of playing back a recorded call. The vendor shall be
responsible for supplying all CDs/media for the storage of call recordings at no
cost to the State throughout the life of the Agreement and any renewal terms.
3.9.4
All call recordings shall be stored on-line for a minimum period of one hundred
eighty (180) days and shall be stored off-line indefinitely. Please explain your
storage methodology as it relates to monitored calls, clearly defining on-line
versus off-line storage.
3.9.5
The monitoring and recording of calls shall be selectively programmable by one
or all of the following:
•
•
•
•
Housing Unit
Start and Stop Time and Date of Call;
Called Number; and
PIN.
3.9.6
The ITS shall be capable of showing real time call activity on a workstation. This
activity shall be detailed by date of call, start time of call, stop time of call,
originating telephone station number and called number.
3.9.7
The ITS shall allow the manual set up of the monitoring and recording connection
on an as needed basis on the personal computer provided by the vendor and
located at the Facility. The ITS shall have the ability to select a particular
telephone number for recording or monitoring while a call is in progress.
Describe your methodology.
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3.9.8
The ITS shall provide for simultaneous playback of recorded calls and continuous
recording of live conversations. It is mandatory that the playback of any selected
channel must be accomplished while continuing to record all input channels.
3.9.9
The ITS shall have the capability of automatically calling and alerting
investigators and offering live monitoring of calls. Vendor shall include detailed
information on its alert application: at a minimum, the types of alerts available
(cell phone, pages, email, etc.), required security PIN for accessing the real-time
call, etc.
3.9.10 The ITS shall provide the capability to copy the conversations onto a compact
disc (CD) or other storage device in audio or MP3/data format. The storage
device shall be provided by the vendor and located with the recording equipment
in the area designated by the State. The storage device shall produce transfer
recordings with virtually no loss in quality and shall be capable of placing an
audio time and date stamp within the recording. The storage device shall have a
monitor amplifier and speaker so that the investigator may confirm accurate
transfers of the recorded information.
3.9.11 Time and date entries for each recorded conversation shall be displayed on a per
channel basis. The ITS shall display all conversations in chronological order to
facilitate research and playback.
3.9.12 At the request of the State, vendor shall provide remote access to the State to the
ITS at no cost to the State. The provision of remote access shall allow the State
the same features and functionalities, permitted by the user’s level of access,
available on the workstations supplied by vendor.
3.9.13 Vendor must describe how alarms/alerts and printed information will be provided.
3.9.14 The vendor shall provide an uninterrupted power supply source to ensure there is
no loss of recordings or real time call data in the event of a power failure.
3.10
DEBIT OR INMATE BASED PRE-PAID APPLICATION
3.10.1 The State requests the vendor to support both debit and pre-paid applications at all
Facilities. The applications must include, but not be limited to, the following:
3.10.1.1 The debit/inmate based pre-paid application shall work with the ITS
provided.
3.10.2 The debit application shall interface with the current Commissary System for ease
of transfer of money from the commissary account to the Inmate ITS account.
The Commissary is managed by the State. In April of 2008, the Commissary and
Banking environment will be moving to a new software application. The vendor
must be prepared to test and accept a new data file if necessary.
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3.10.3 The vendor shall provide information on how the ITS handles debit balances if an
inmate is transferred from one State facility to another.
3.10.4 The pre-paid application shall allow for prepayment to a specific inmate’s account
or a member of inmate’s PAN and shall be specific to an inmate’s PAN.
3.10.5 The ITS shall provide the inmate with the balance of their debit and/or inmate
based pre-paid account at the time of the call. Please describe how this is
accomplished.
3.10.6 The debit/inmate based pre-paid application shall allow international calls. The
vendor shall propose international calling rates in Attachment J.
3.11
TRAINING
3.11.1 The Vendor shall provide training to the State’s staff at the locations where the
equipment is installed. Additional training shall be provided to new staff assigned
during the Agreement period at no cost to the State, at specific facilities in the
north and south. Video conferencing is acceptable.
3.11.2 Training manuals shall be provided to the State’s staff at all training meetings at
no cost to the State. All manuals will become the property of the State.
3.11.3 Informational pamphlets shall be available for inmates relative to the applicable
features and functionalities of the ITS, when requested by the State and at no cost
to the State.
3.12
GENERAL MAINTENANCE
3.12.1
The vendor shall provide the necessary labor, parts, materials, and
transportation to maintain all proposed telephones in good working order and in
compliance with the equipment manufacturer's specifications throughout the life
of the Agreement. No charge shall be made to the State for maintenance of the
ITS.
3.12.2
The vendor shall have the ability to perform remote diagnostics to the ITS to
determine if a problem is with the telephone unit or with the telephone line.
3.12.3
The ITS shall provide for continuous on-line diagnostics and continuous
supervision, as well as local remote offline system control access for advanced
programming and diagnostics. Access to the built-in advanced diagnostics and
program control shall be accessible via modem by service center personnel and
shall provide failure reports, service history and other diagnostics.
3.12.4
The vendor shall maintain all cable related to the ITS, whether reused or newly
installed.
3.12.5
The vendor shall provide their on-site repair time, method and proposed level of
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services for the facilities. Vendors shall detail their ability to handle
emergencies. Please provide an escalation plan.
3.12.6
Vendors shall provide all priority 1, 2, 3 and 4 tickets as they are opened,
updated and closed by the field technicians, providing detail to show the
problem and final resolution of said problem. Should the escalation plan as
provided by the vendor not be followed explicitly, the vendor shall be liable for
lost commissions during times that phones were in need of repair and not
properly operating. The lost commission will be calculated by multiplying the
average number of calls for each call type x (times) the then prevailing calling
rates x (times) the commission rate. The specific commission shall be calculated
by the State and the State will advise the vendor of all commissions due. The
vendor shall pay the calculated lost commission with the next commission
payment due the State. Vendor will be allotted time between the notification and
the next commission payment to validate the lost commission.
3.12.7
The vendor must provide the State with a complete list of business, cellular and
beeper numbers for its contractors/subcontractors, managers, administrators,
technicians etc; the vendor’s management home and emergency telephone
numbers must also be furnished.
3.12.8
The vendor must provide a copy of the company’s current repair procedure
policy for both normal maintenance and emergency outages as it relates to your
proposal.
3.12.9
Either party shall report to the other party any misuse, destruction, damage,
vandalism, liability, etc. to the ITS.
3.12.10 All issues surrounding the ITS service shall be reported by the vendor to the
State
3.13
TRANSITION PLAN
3.13.1
The vendor shall work with the State and the incumbent vendor to ensure an
orderly transition of services and responsibilities under the Agreement and to
ensure the continuity of the services required by the State.
3.13.2
The vendor must propose a transition plan that minimizes lost revenue to the
State for a smooth “cutover” to the new system.
3.13.3
The vendor must state how the current system (s) database information
including inmate profiles and call records will be retained during conversion to
the new system.
3.13.4
Within 15 days after contract approval by the Nevada Board of Examiners, the
successful vendor must provide a detailed Transition Plan with fixed deadlines
provided to DOC Administration in Carson City. The installation and transition
to the new system must be completed within 120 days.
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3.13.5
Upon expiration, termination, or cancellation of the Agreement, the vendor shall
cooperate in an orderly transfer of responsibility and/or the continuity of the
services required under the terms of the Agreement to an organization
designated by the State. The vendor shall provide and/or perform any or all of
the responsibilities outlined in 3.13.6 through 3.13.13 below.
3.13.6
The vendor acknowledges that the call records, call recordings, documentation,
reports, data, etc., contained in the ITS are the property of the State.
3.13.7
All ITS inside wiring shall become the property of the State at the conclusion of
the contract.
3.13.8
The vendor agrees to remove its equipment at the conclusion of the contract in a
manner that will allow the reuse of that wire distribution.
3.13.9
The vendor agrees that the workstations shall become the property of the State
at the expiration, cancellation, or termination of this contract so that the State
will have access to all the call records, documentation, reports, data, etc. that are
contained in the inmate telephone system.
3.13.10 All call detail records, call recordings, documentation, reports, data, etc. shall be
provided to the State by the vendor within 90 days of request or termination of
the contract. The data will be in a workable, software-compatible format at no
cost to the State.
3.13.11 The vendor shall discontinue providing service or accepting new assignments
under the terms of the contract, on a date specified by the State. The vendor
agrees to continue providing all of the services in accordance with the terms and
conditions, requirements and specifications of the contract for a period not to
exceed ninety (90) calendar days after the expiration, termination or
cancellation date.
3.13.12 Commissions will be due and payable by the vendor to the State at the
compensation rate provided in the contract until collect, debit and/or pre-paid
calls are no longer handled by the vendor. (Not to exceed ninety (90) days.)
3.13.13 As facilities complete the “system functionality testing”, the vendor and State
shall mutually agree upon the billing start date. This start date may vary from
facility to facility depending on the completion of the “system functionality
testing”.
3.14
BILLING
3.14.1 Please provide a description of vendor’s billing and collection process based on
the following criteria:
•
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•
•
•
•
•
•
Explain the billing process for collecting, rating, sorting, distributing and
billing of calls.
What types of payment options are available to the called party?
What threshold will be imposed upon the called party on a daily, weekly
and/or monthly basis?
Describe the process for customer service inquires and hours of
availability.
Describe the time when the billing for an inmate call begins (when the
inmate dials the telephone number, when the inmate telephone system
dials the desired number, when the called party answers, when the called
party accepts the call, etc).
What additional fees, if any, are charged on the end user’s telephone bill
(ex: billing fee, etc.)?
3.14.2 Please specify vendor’s process for unblocking a phone number which was
originally restricted for non-payment, to include the timeframe for removing the
restriction once the payment posts.
4.
COMPANY BACKGROUND AND REFERENCES
4.1
PRIMARY VENDOR INFORMATION
Vendors must provide a company profile. Information provided shall include:
4.1.1
Company ownership (sole proprietor, partnership, etc).
4.1.1.1 Incorporated companies must identify the state in which the company is
incorporated and the date of incorporation. Please be advised, pursuant to
NRS §80.010, incorporated companies must register with the State of
Nevada, Secretary of State’s Office as a foreign corporation before a
contract can be executed between the State of Nevada and the awarded
vendor, unless specifically exempted by NRS §80.015.
4.1.1.2 The selected vendor, prior to doing business in the State of Nevada, must
be appropriately licensed by the Department of Taxation, in accordance
with NRS §360.780.
4.1.2
Disclosure of any alleged significant prior or ongoing contract failures, contract
breaches, any civil or criminal litigation or investigation pending which involves
the vendor or in which the vendor has been judged guilty or liable with the State
of Nevada.
4.1.3
Vendor shall disclose a list of all agreements lost, not renewed or prematurely
cancelled in the last four years. Vendor shall include the reason for the nonrenewal or cancellation.
4.1.4
Vendor shall provide a list of every entity in the last 3 years that has notified the
vendor in writing that there were additional commissions owed for any reason.
Please provide names and addresses of the entities and the dates their issues were
resolved.
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4.1.5
Location(s) of the company offices and location of the office that will provide the
services described in this RFP.
4.1.6
Is your firm a resident of Nevada or a resident of another state? If so, please list
the state of residence. Does your resident state apply a preference, which is not
afforded to bidders or vendors who are residents in the state of Nevada? This
information may be utilized in determining whether an inverse preference applies
pursuant to NRS §333.336.
4.1.7
Number of employees both locally and nationally.
4.1.8
Location(s) from which employees will be assigned.
4.1.9
Name, address, email address, fax number and toll free telephone number of the
vendor’s single point of contact for a contract resulting from this RFP.
4.1.10 Company background/history and why vendor is qualified to provide the services
described in this RFP.
4.1.11 Length of time vendor has been providing services described in this RFP to the
public and/or private sector. Please provide a brief description.
4.1.12 Has the vendor ever been engaged under contract by any State of Nevada agency?
[ ] Yes [ ] No If “Yes,” specify when, for what duties, and for which agency.
4.1.11 Is the vendor or any of the vendor’s employees employed by the State of Nevada,
any of its political subdivisions or by any other government?
[ ] Yes [ ] No If “Yes,” is that employee planning to render services while on
annual leave, compensatory time, sick leave, or on his own time?
4.1.12 Resumes for key staff to be responsible for performance of any contract resulting
from this RFP.
4.1.13 Financial information and documentation to be included in Part III of your
response in accordance with the Submittal Instructions.
4.1.13.1 Dun and Bradstreet number
4.1.13.2 Federal Tax Identification Number
4.1.13.3 Please provide a current annual report and/or the last four quarterly
audited financial reports, along with a statement of financial condition.
Please state if the Vendor has operated under a different name in the past
three (3) years. Please indicate if the company is for sale or is
considering an acquisition or merger in the next six (6) months.
4.1.13.4 The last two - (2) years and current year interim:
4.1.13.4.1 Profit and Loss Statement
4.1.13.4.2 Balance Statement
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4.2
REFERENCES
Vendors should provide a minimum of three (3) references from similar projects
performed for private, state and/or large local government clients within the last three
years. Vendors are required to submit Attachment D, Reference Form to the
business references they list. The business references must submit the Reference
Form directly to the Purchasing Division. It is the vendor’s responsibility to ensure
that completed forms are received by the Purchasing Division on or before the proposal
submission deadline for inclusion in the evaluation process. Business References not
received, or not complete, may adversely affect the vendor’s score in the evaluation
process. The Purchasing Division may contact any or all business references for
validation of information submitted.
4.2.1 Client name;
4.2.2 Project description;
4.2.3 Project dates (starting and ending);
4.2.4 Technical environment; (i.e., Software applications, Internet capabilities, Data
communications, Network, Hardware)
4.2.5 Staff assigned to reference engagement that will be designated for work per this
RFP;
4.2.6 Client project manager name, telephone number, fax number and e-mail address.
4.3
SUBCONTRACTOR INFORMATION
4.3.1
Does this proposal include the use of subcontractors?
Yes ______
No ______
Unknown ______
If “Yes”, vendor must:
4.3.1.1 Identify specific subcontractors and the specific requirements of this RFP
for which each proposed subcontractor will perform services.
4.3.1.2 Provide the same information for any proposed subcontractors as
requested in the Primary Vendor Information section.
4.3.1.3 References as specified above must be provided for any proposed
subcontractors.
4.3.1.4 The State may require that the awarded vendor provide proof of payment
to any subcontractors used for this project. Proposals should include a
plan by which, at the State’s request, the State will be notified of such
payments.
4.3.1.5 Primary vendor shall not allow any subcontractor to commence work until
all insurance required of the subcontractor is provided to the using agency.
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4.3.1.6 Primary vendor must notify the using agency of the intended use of any
subcontractors not identified within their response and receive agency
approval prior to subcontractor commencing work.
5.
COST /COMMISSION (These items must be included in part II Cost/Commissions Proposal)
5.1
COST/COMMISSION PROPOSAL SUBMITTAL
5.1.1
All Cost/Commission Proposals shall be submitted to the State as a separate,
sealed package and clearly marked: “Cost/Commission Proposal in
Response to RFP No. 1628, please refer to the submittal Instructions for
further instruction.
5.2
The vendor shall pay commissions calculated on all Gross Revenues generated by and
through the inmate telephone system including collect, debit and pre-paid inmate calls
placed from the inmate telephone equipment located at the facilities.
5.3
Gross Revenue includes, but is not limited to, all Local, Intralata/Intrastate,
Interlata/Intrastate, Interlata/Interstate and International revenues and any and all additional
charges and fees generated by completion of all collect, debit and pre-paid calls from
vendor’s inmate telephones
5.4
The vendor shall pay commission on the Gross Revenues before any deductions are made
for un-billable calls, bad debt, uncollectible calls, fraudulent calls, LEC adjustments or any
other vendor expenses. Calls to telephone numbers that appear on the free call list supplied
by the State shall not generate revenue for the vendor and shall not be commissionable to the
State. Only those numbers designated by the State on the free call list shall be marked as
“Free” in the inmate telephone system. All calls marked as free and not on the list supplied
by the State will be commissionable at the then prevailing calling rates.
5.5
Any additional fees to be added to the called party’s bill must be approved by the State and
will be considered Gross Revenue. Said additional fees should be commissioned at the
proposed commission rate and shall follow the section on Commission Payment and
Reporting.
5.6
Pre-paid calls include, but are not limited to, those calls completed by using a pre-paid card
as well as all calls which have been pre-paid by any person or entity and by any method of
payment.
5.7
A pre-paid call is deemed to be complete and commission due when a connection is made
between the inmate and the called party, whether such connection be established by positive
acceptance or by live or automated (i.e. answering machine) pick up.
5.8
A collect call is deemed to be complete and commission due when the called party accepts
the call regardless if the vendor can bill or collect the revenue on the collect call.
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5.9
A debit call is deemed to be complete and commission due when a connection is made
between the inmate and the called party even if such connection is established by automated
machine pick up.
5.10
Additionally, the State shall not be liable for any of vendor’s costs including, but not limited
to, taxes, shipping charges, network charges, insurance, interest, penalties, termination
payments, attorney fees or liquidated damages.
5.11
The State may require a pre-payment of the monthly commission amount. Vendors may
submit alternate cost/commission proposals to reflect this pre-payment requirement
5.12
The vendor shall propose a commission offer utilizing the services of a Site Administrator
and a commission offer without the services of a Site Administrator.
5.13
Rate Requirements
5.13.1 The Vendor shall provide rates that mirror or are lower than the dominant carrier
rates.
5.13.2 The vendor shall provide rates that mirror or are lower than the dominant carrier
rates.
5.13.3 The vendor shall submit a request in writing to receive approval from the State for
any rate increases and/or decreases for inmate telephone calls before new rates are
implemented. The State will respond in writing to the vendor’s request.
5.13.4 Should the vendor decrease the calling rates without the express written approval of
the State, the vendor shall be responsible for paying commissions on the Gross
Revenue as determined by applying the calling rates prior to the unapproved change.
5.13.5 Should the vendor increase the calling rates without the express written approval of
the State, the vendor must issue credits to all customers that are overcharged. No
commission refund shall be due from the State to the vendor for unapproved rate
increases.
5.13.6 The vendor shall implement any rate adjustments requested by the State within five
(5) days of said request, subject to regulatory approval.
5.13.7 The vendor shall detail any and all additional charges and fees (including those
which may be charged to called party’s local phone bill) that will be assessed for all
collect, debit and pre-paid inmate telephone calls. Additional charges and fees must
be specifically designated within the vendor’s rate proposal submitted on
Attachment J.
5.14
Commission Payment And Reporting
5.14.1 The vendor shall provide commission payments and traffic detail reports to the State
no later than the twenty-fifth (25th) day of the month following the month of traffic.
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The State prefers commission payments be sent via wire transfer; traffic detail
reports must be sent via electronic format.
5.14.2 Traffic detail reports shall include a detailed breakdown of the traffic for all collect,
debit and pre-paid calls for each inmate telephone or inmate telephone station.
Traffic detail shall include, at a minimum, each of the following items for each
inmate telephone station broken down by collect, debit and pre-paid call types:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
5.15
Facility Name;
Facility Identification Number;
Facility Street Address, City, State, and Zip Code;
Automatic Number Identifier, or inmate telephone and/or inmate telephone
station port number;
Total Gross Local Revenue and Commission per inmate telephone or inmate
telephone station;
Total Gross Intralata/Intrastate Revenue and Commission per inmate
telephone or inmate telephone station;
Total Gross Interlata/Intrastate Revenue and Commission per inmate
telephone or inmate telephone station;
Total Gross Interlata/Interstate Revenue and Commission per inmate
telephone or inmate telephone station;
Total Gross International Revenue per inmate telephone or inmate telephone
station;
Commission Rate;
Total Commission Amount (including, but not limited to, Local,
Intralata/Intrastate, Interlata/Intrastate, and Interlata/Interstate);
Period Dates;
Total Minutes of use per inmate telephone or inmate telephone station for
each call type;
Total Number of Calls per inmate telephone or inmate telephone station for
each call type;
Total Debit Usage for each call type; and
Total Pre-paid Usage for each call type. Please provide a sample of how the
vendor will meet this requirement.
Performance and Payment
5.15.1 Commission discrepancies must be resolved by the vendor within thirty (30) days of
receipt of notification of a discrepancy by the State or such discrepancy is subject to
late charges, as described below and/or termination of the contract at the sole
discretion of the State, and/or any other legal course of action the State elects to
pursue.
5.15.2 Commission payments and/or traffic detail reports received by the State after the due
date are subject to late charges. The due date for all payments and reporting is the
twenty-fifth (25th) day of the month following the month of traffic. Late charges for
commission payments shall be equal to five percent (5 %) per month of the
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commission due. Late charges for traffic detail reporting shall be a fee of $750.00
per month for each report not received by the twenty-fifth (25th) day of the month
following the traffic month.
5.16
Audit
5.16.1 The State will have the right from the Commencement Date of the Agreement and
for a period of three (3) years after the termination date of the Agreement, upon ten
(10) days written notice, to fully audit or examine any and all vendor information
pertaining to the Agreement. The State will also have the right to have another
independent agency of the State’s exclusive choice, perform any or all audits and
examinations pertaining to this Agreement.
5.16.2 Vendor shall maintain accurate, complete and auditable records fully reflecting the
Gross Revenues from which commissions can be determined, including all call
detail, EMI billing records, pre-paid card sales, and commissioning reports during
the term of the Agreement and for no less than two (2) years after the term of the
Agreement covered thereby in accordance with generally accepted accounting
principles.
5.16.3 Failure by the vendor to comply with this full audit rights provision will be
considered breach of the Agreement, and could result in termination of the
Agreement at the State’s sole discretion.
6.
SUBMITTAL INSTRUCTIONS
6.1
In lieu of a pre-proposal conference, the Purchasing Division will accept questions and/or
comments in writing, received by e-mail regarding this RFP as follows:
Questions must reference the identifying RFP number and be addressed to the State of
Nevada, Purchasing Division, Attn: Gail Burchett, Purchasing Officer, e-mailed to
srvpurch@purchasing.state.nv.us The deadline for submitting questions is September 21,
2007 at 5:00p.m., Pacific Time. All questions and/or comments will be addressed in
writing and responses e-mailed or faxed to prospective vendors on or about October 1,
2007. Please provide company name, address, phone number, e-mail address, fax
number, and contact person when submitting questions.
6.2
RFP Timeline
TASK
DATE/TIME
Submittal of Background Check paperwork (Attachment I) September 4, 2007 @ 5:00
pm
(Note: Vendors that do not have approved background
checks will NOT be allowed inside the Correctional Facilities.
Site Visit Evaluations
See schedule (Attachment I)
September 6-14, 2007
Deadline for submitting questions
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Answers to all questions submitted available on or about
References Due
October 1, 2007
October 12, 2007 @ 5:00 pm
Deadline for submission and opening of proposals
Evaluation period
October 15, 2007 @ 2:00 pm
October 15 – November 15, 2007
Selection of vendor (letter of intent) on or about
November 16, 2007
NOTE: These dates represent a tentative schedule of events. The State reserves the
right to modify these dates at any time, with appropriate notice to prospective vendors.
6.3
Proposal submission requirements:
6.3.1
Vendors shall submit their response in three (3) parts as designated below:
Part I: Technical Proposal
One (1) original marked “MASTER”
Eight (8) identical copies
One (1) identical copy on CD (Note: CD must be labeled accordingly
and in a case.)
THE TECHNICAL PROPOSAL MUST INCLUDE A SEPARATE
TAB/SECTION LABELED “STATE DOCUMENTS” WHICH
SHALL INCLUDE:
Page 1 of RFP
All Amendments to the RFP
All Attachments requiring signature
Certificate of Insurance
Technical Proposal must not include cost or confidential information.
Technical Proposal shall be submitted to the State in a sealed package
and be clearly marked:
“Technical Proposal in Response to RFP No. 1628”
Part II: Cost Proposal:
One (1) original marked “MASTER”
Eight (8) identical copies
One (1) identical copy on CD (Note: CD must be labeled accordingly
and in a case.)
Cost Proposal shall be submitted to the State in a sealed package
and be clearly marked:
“Cost Proposal in Response to RFP No. 1628”
Part III: Confidential Information:
One (1) original marked “MASTER”
One (1) identical copy
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Confidential Information shall be submitted to the State in a sealed
package and be clearly marked:
“Confidential Information in Response to RFP No. 1628”
If the separately sealed proposal, marked as required above, are enclosed in another
container for mailing purposes, the outermost container must fully describe the contents
of the package and be clearly marked:
REQUEST FOR PROPOSAL NO.: 1628
PROPOSAL OPENING DATE: October 15, 2007 @ 2:00 pm
FOR: Inmate Telephone Services
6.3.2
Proposal must be received at the address referenced below no later than 2:00
pm, Pacific Time, October 15, 2007. Proposals that do not arrive by proposal
opening time and date WILL NOT BE ACCEPTED. Vendors may submit their
proposal any time prior to the above stated deadline.
6.3.3
Proposal shall be submitted to:
Attn: Gail Burchett
State of Nevada, Purchasing Division
515 E. Musser Street, Suite 300
Carson City, NV 89701
6.4
The State will not be held responsible for proposal envelopes mishandled as a result of
the envelope not being properly prepared. Facsimile, e-mail or telephone proposals will
NOT be considered; however, at the State’s discretion, the proposal may be submitted all
or in part on electronic media, as requested within the RFP document. Proposal may be
modified by facsimile, e-mail or written notice provided such notice is received prior to
the opening of the proposals.
6.5
Although it is a public opening, only the names of the vendors submitting proposals will
be announced NRS §333.335(6). Technical and cost details about proposals submitted
will not be disclosed. Assistance for handicapped, blind or hearing-impaired persons who
wish to attend the RFP opening is available. If special arrangements are necessary, please
notify the Purchasing Division designee as soon as possible and at least two days in
advance of the opening.
6.6
If discrepancies are found between two or more copies of the proposal, the master copy
will provide the basis for resolving such discrepancies. If one copy of the proposal is not
clearly marked “MASTER,” the State may reject the proposal. However, the State may
at its sole option, select one copy to be used as the master.
6.7
For ease of evaluation, the proposal should be presented in a format that corresponds to
and references sections outlined within this RFP and should be presented in the same
order. Responses to each section and subsection should be labeled so as to indicate
which item is being addressed. Exceptions to this will be considered during the
evaluation process.
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6.8
6.9
If complete responses cannot be provided without referencing confidential information,
such confidential information must be provided in accordance with submittal instructions
and specific references made to the tab, page, section and/or paragraph where the
confidential information can be located.
Proposals are to be prepared in such a way as to provide a straightforward, concise
delineation of capabilities to satisfy the requirements of this RFP. Expensive bindings,
colored displays, promotional materials, etc., are not necessary or desired. Emphasis
should be concentrated on conformance to the RFP instructions, responsiveness to the
RFP requirements, and on completeness and clarity of content.
6.10
Descriptions on how any and all equipment and/or services will be used to meet the
requirements of this RFP shall be given, in detail, along with any additional information
documents that are appropriately marked. In addition, the vendor may include any other
information that is believed to be relevant but not specifically asked for in this RFP. It is
expected that the vendor will detail any innovation, alternatives, suggestions or more cost
effective approaches available that may assist the State.
6.11
The proposal must be signed by the individual(s) legally authorized to bind the vendor,
see NRS §333.337.
6.12
For ease of responding to the RFP, vendors are encouraged, but not required, to request
an electronic copy of the RFP. Electronic copies are available in the following formats:
Word 2003 via e-mail, diskette, or on the State Purchasing Division's website in PDF or
EXE format at http://purchasing.state.nv.us. When requesting an RFP via e-mail or
diskette, vendors should contact the Purchasing Division for assistance. In the event
vendors choose to receive the RFP on CD, the vendor will be responsible for providing a
blank CD; unless vendors provide a Federal Express, Airborne Express, etc. account
number and appropriate return materials, the diskette will be returned by first class U.S.
mail.
6.13
Vendors utilizing an electronic copy of the RFP in order to prepare their proposal should
place their written response in an easily distinguishable font immediately following the
applicable question.
6.14
For purposes of addressing questions concerning this RFP, the sole contact will be the
Purchasing Division. Upon issuance of this RFP, other employees and representatives
of the agencies identified in the RFP will not answer questions or otherwise discuss the
contents of this RFP with any prospective vendors or their representatives. Failure to
observe this restriction may result in disqualification of any subsequent proposal NAC
§333.155(3). This restriction does not preclude discussions between affected parties for
the purpose of conducting business unrelated to this procurement.
6.15
Vendor who believes proposal requirements or specifications are unnecessarily restrictive
or limit competition may submit a request for administrative review, in writing, to the
Purchasing Division. To be considered, a request for review must be received no later
than the deadline for submission of questions.
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The Purchasing Division shall promptly respond in writing to each written review
request, and where appropriate, issue all revisions, substitutions or clarifications through
a written amendment to the RFP.
Administrative review of technical or contractual requirements shall include the reason
for the request, supported by factual information, and any proposed changes to the
requirements.
7.
6.16
If a vendor changes any material RFP language, vendor’s response may be deemed nonresponsive. NRS §333.311.
6.17
Vendors are cautioned that some services may contain licensing requirement(s). Vendors
shall be proactive in verification of these requirements prior to proposal submittal.
Proposals, which do not contain the requisite licensure, may be deemed non-responsive.
However, this does not negate any applicable Nevada Revised Statute (NRS)
requirements.
PROPOSAL EVALUATION AND AWARD PROCESS
7.1
Proposals shall be consistently evaluated and scored in accordance with NRS
§333.335(3) based upon the following criteria listed in descending order of precedence:
•
•
•
•
•
Demonstrated competence;
Experience in performance of comparable engagements;
Conformance with the terms of this RFP;
Expertise and availability of key personnel; and
Reasonableness of cost/commission.
Note: Financial stability will be scored on a pass/fail basis.
Proposals shall be kept confidential until a contract is awarded.
7.2
7.3
The evaluation committee may also contact the references provided in response to the
Section identified as Company Background and References; contact any vendor to clarify
any response; contact any current users of a vendor’s services; solicit information from
any available source concerning any aspect of a proposal; and seek and review any other
information deemed pertinent to the evaluation process. The evaluation committee shall
not be obligated to accept the lowest priced cost/commission proposal, but shall make an
award in the best interests of the State of Nevada NRS § 333.335(5)
Each vendor must include in its proposal a complete disclosure of any alleged significant
prior or ongoing contract failures, contract breaches, any civil or criminal litigation or
investigations pending which involves the vendor or in which the vendor has been judged
guilty or liable. Failure to comply with the terms of this provision may disqualify any
proposal. The State reserves the right to reject any proposal based upon the vendor’s
prior history with the State or with any other party, which documents, without limitation,
unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to
meet contract milestones or other contractual failures. See generally, NRS §333.335.
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8.
7.4
Clarification discussions may, at the State’s sole option, be conducted with vendors who
submit proposals determined to be acceptable and competitive NAC §333.165. Vendors
shall be accorded fair and equal treatment with respect to any opportunity for discussion
and/or written revisions of proposals. Such revisions may be permitted after submissions
and prior to award for the purpose of obtaining best and final offers. In conducting
discussions, there shall be no disclosure of any information derived from proposals
submitted by competing vendors.
7.5
A Notification of Intent to Award shall be issued in accordance with NAC §333.170.
Any award is contingent upon the successful negotiation of final contract terms and upon
approval of the Board of Examiners, when required. Negotiations shall be confidential
and not subject to disclosure to competing vendors unless and until an agreement is
reached. If contract negotiations cannot be concluded successfully, the State upon
written notice to all vendors may negotiate a contract with the next highest scoring
vendor or withdraw the RFP.
7.6
Any contract resulting from this RFP shall not be effective unless and until approved by
the Nevada State Board of Examiners (NRS 284.173).
TERMS, CONDITIONS AND EXCEPTIONS
8.1
Performance of vendors will be rated semi-annually following contract award and then
annually for the term of the contract by the using State agency in six categories: customer
service; timeliness; quality; technology; flexibility; and cost/commissions. Vendors will
be notified in writing of their rating.
8.2
In accordance with Nevada Revised Statute 333.336, if a vendor submitting a proposal in
response to this solicitation is a resident of another state, and with respect to contracts
awarded by that state, applies to vendors who are residents of that state a preference,
which is not afforded to vendors or contractors who are residents of the State of Nevada,
the State of Nevada, Purchasing Division shall, insofar as is practicable, increase the out
of state vendor’s proposal by an amount that is substantially equivalent to the preference
that the other state of which the vendor is a resident denies to vendors or contractors who
are residents of the State of Nevada.
8.3
The successful vendor must furnish a performance bond as described in the Independent
Contract’s contract (Attachment C) issued by a Surety Company authorized to do
business in the State of Nevada; payable to the State within ten (10) calendar days after
the award of the Contract and prior to any installation work or equipment delivery. The
Bond must be made payable to the State in the amount of $750,000.00 and will be
retained during the full period of the Contract and/or renewal terms. No personal or
company checks are acceptable. Contract number 1628 and dates of performance must be
specified in the performance bond. In the event that the State exercises its option to
extend the Contract for an additional period, the vendor shall be required to maintain the
validity and enforcement of the Bond for the said period, pursuant to the contract and any
subsequent amendments.
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8.4
This procurement is being conducted in accordance with NRS chapter 333 and NAC
chapter 333. Each vendor must provide a complete response for each section or
numbered condition of the RFP. If a vendor is in full compliance with the section or
numbered condition, the appropriate response should state “Read, agree, and will
comply.” Otherwise, the vendor’s response would state “Read and do not comply.” Any
exceptions to this RFP, where vendor’s response is “Read and do no comply” must be
specified in Attachment B of this RFP.
8.5
The State reserves the right to alter, amend, or modify any provisions of this RFP, or to
withdraw this RFP, at any time prior to the award of a contract pursuant hereto, if it is in
the best interest of the State to do so.
8.6
The State reserves the right to waive informalities and minor irregularities in proposals
received.
8.7
The State reserves the right to reject any or all proposals received prior to contract award
(NRS §333.350).
8.8
The State shall not be obligated to accept the best cost/commission proposal, lowest
priced proposal, but will make an award in the best interests of the State of Nevada after
all factors have been evaluated (NRS §333.335).
8.9
Any irregularities or lack of clarity in the RFP should be brought to the Purchasing
Division designee’s attention as soon as possible so that corrective addenda may be
furnished to prospective vendors.
8.10
Proposals must include any and all proposed terms and conditions, including, without
limitation, written warranties, maintenance/service agreements, license agreements, and
lease purchase agreements. and the vendor’s standard contract language. The omission of
these documents renders a proposal non-responsive.
8.11
Alterations, modifications or variations to a proposal may not be considered unless
authorized by the RFP or by addendum or amendment.
8.12
Proposals which appear unrealistic in the terms of technical commitments, lack of
technical competence, or are indicative of failure to comprehend the complexity and risk
of this contract, may be rejected.
8.13
Proposals from employees of the State of Nevada will be considered in as much as they
do not conflict with the State Administrative Manual, NRS Chapter §281 and NRS
Chapter §284.
8.14
Proposals may be withdrawn by written or facsimile notice received prior to the proposal
opening time. Withdrawals received after the proposal opening time will not be
considered except as authorized by NRS §333.350(3).
8.15
The cost/commission proposal and price and amount of this proposal must have been
arrived at independently and without consultation, communication, agreement or
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disclosure with or to any other contractor, vendor or prospective vendor. Collaboration
among competing vendors about potential proposals submitted pursuant to this RFP is
prohibited and may disqualify the vendor.
8.16
No attempt may be made at any time to induce any firm or person to refrain from
submitting a proposal or to submit any intentionally high or noncompetitive proposal.
All proposals must be made in good faith and without collusion.
8.17
Commissions offered by vendors in their proposals are an irrevocable offer for the term
of the contract and any contract extensions. The awarded vendor agrees to provide the
services as set forth in their proposal in response to this RFP.
8.18
The State is not liable for any costs incurred by vendors prior to entering into a formal
contract. Costs of developing the proposal or any other such expenses incurred by the
vendor in responding to the RFP, are entirely the responsibility of the vendor, and shall
not be reimbursed in any manner by the State.
8.19
All proposals submitted become the property of the State, selection or rejection does not
affect this right; proposals will be returned only at the State’s option and at the vendor’s
request and expense. The master technical proposal, the master cost/commission
proposal and Confidential Information of each response shall be retained for official files.
Only the master technical and master cost/commission offer will become public record
after the award of a contract. The failure to separately package and clearly mark Part III
– which contains Confidential Information, Trade Secrets and/or Proprietary Information,
shall constitute a complete waiver of any and all claims for damages caused by release of
the information by the State.
8.20
A proposal submitted in response to this RFP must identify any subcontractors, and
outline the contractual relationship between the awarded vendor and each subcontractor.
An official of each proposed subcontractor must sign, and include as part of the proposal
submitted in response to this RFP, a statement to the effect that the subcontractor has read
and will agree to abide by the awarded vendor’s obligations.
8.21
The awarded vendor will be the sole point of contract responsibility. The State will look
solely to the awarded vendor for the performance of all contractual obligations which
may result from an award based on this RFP, and the awarded vendor shall not be
relieved for the non-performance of any or all subcontractors.
8.22
The awarded vendor must maintain, for the duration of its contract, insurance coverages
as set forth in the Insurance Schedule of the contract form appended to this RFP. Work
on the contract shall not begin until after the awarded vendor has submitted acceptable
evidence of the required insurance coverages. Failure to maintain any required insurance
coverage or acceptable alternative method of insurance will be deemed a breach of
contract.
Notwithstanding any other requirement of this section, the State reserves the right to
consider reasonable alternative methods of insuring the contract in lieu of the insurance
policies required by the below-stated Insurance Schedule. It will be the awarded
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vendor’s responsibility to recommend to the State alternative methods of insuring the
contract. Any alternatives proposed by a vendor should be accompanied by a detailed
explanation regarding the vendor’s inability to obtain insurance coverage as described
below. The State shall be the sole and final judge as to the adequacy of any substitute
form of insurance coverage.
8.23
Each vendor must disclose any existing or potential conflict of interest relative to the
performance of the contractual services resulting from this RFP. Any such relationship
that might be perceived or represented as a conflict should be disclosed. By submitting a
proposal in response to this RFP, vendors affirm that they have not given, nor intend to
give at any time hereafter, any economic opportunity, future employment, gift, loan,
gratuity, special discount, trip, favor, or service to a public servant or any employee or
representative of same, in connection with this procurement. Any attempt to intentionally
or unintentionally conceal or obfuscate a conflict of interest will automatically result in
the disqualification of a vendor’s proposal. An award will not be made where a conflict
of interest exists. The State will determine whether a conflict of interest exists and
whether it may reflect negatively on the State’s selection of a vendor. The State reserves
the right to disqualify any vendor on the grounds of actual or apparent conflict of interest.
8.24
The State will not be liable for Federal, State, or Local excise taxes NRS §372.325.
8.25
Attachment C of this RFP shall constitute an agreement to all terms and conditions
specified in the RFP, including, without limitation, the Attachment C contract form and
all terms and conditions therein., except such terms and conditions that the vendor
expressly excludes. Any exceptions will be taken into consideration as part of the
evaluation process.
8.26
The State reserves the right to negotiate final contract terms with any vendor selected
NAC §333.170. The contract between the parties will consist of the RFP together with
any modifications thereto, and the awarded vendor’s proposal, together with any
modifications and clarifications thereto that are submitted at the request of the State
during the evaluation and negotiation process. In the event of any conflict or
contradiction between or among these documents, the documents shall control in the
following order of precedence: the final executed contract, the RFP, any modifications
and clarifications to the awarded vendor’s proposal, and the awarded vendor’s proposal.
Specific exceptions to this general rule may be noted in the final executed contract.
8.27
Vendor understands and acknowledges that the representations above are material and
important, and will be relied on by the State in evaluation of the proposal. Any vendor
misrepresentation shall be treated as fraudulent concealment from the State of the true
facts relating to the proposal.
8.28
No announcement concerning the award of a contract as a result of this RFP can be made
without the prior written approval of the State.
8.29
The Nevada Attorney General will not render any type of legal opinion regarding this
transaction.
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8.30
Any unsuccessful vendor may file an appeal in strict compliance with NRS 333.370 and
chapter 333 of the Nevada Administrative Code.
8.31
Local governments (as defined in NRS §332.015) are intended third party beneficiaries of
any contract resulting from this RFP and any local government may join or use any
contract resulting from this RFP subject to all terms and conditions thereof pursuant to
NRS §332.195. The State is not liable for the obligations of any local government which
joins or uses any contract resulting from this RFP.
8.32
Any person who requests or receives a Federal contract, grant, loan or cooperative
agreement shall file with the using agency a certification that the person making the
declaration has not made, and will not make, any payment prohibited by subsection (a) of
31 U.S.C. §1352.
8.33
In the event that the vendor shall fail to perform, keep and observe any of the terms
covenants and conditions of the Contract, the State shall give the vendor written notice of
such default and in the event said default is not remedied to the satisfaction and the
approval of the State within thirty (30) calendar days of receipt of such notice by the
vendor, the State, in its sole discretion, may terminate this Contract.
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9.
SUBMISSION CHECKLIST
This checklist is provided for vendor’s convenience only and identifies documents that must be
submitted with each package in order to be considered responsive. Any proposals received
without these requisite documents may be deemed non-responsive and not considered for
contract award.
Part I:
Completed
1. Required number of Technical proposals (per Submittal Instructions)
__________
2. Required Forms to be submitted with technical proposal under
section/tab labeled “State Documents”;
__________
a. Page 1 of the RFP completed
__________
b. All Amendments completed and signed
__________
c. Primary Vendor Attachments A & B signed
__________
d. Subcontractor Attachment A & B signed (if applicable)
__________
e. Primary Vendor Information provided
__________
f. Subcontractor Information provided (if applicable)
__________
g. Certificate of Insurance
__________
h. (other)_______________________________________
__________
Part II:
1. Required number of Cost proposals (per Submittal Instructions)
__________
2. (other)_______________________________________
__________
Part III:
1. Required number of Confidential Information (per Submittal Instructions
and defined in Acronyms/Definitions)
__________
2. Financial Information
__________
REMINDERS:
.
1. Send out Reference forms for Primary Vendor (with Part A completed)
__________
2. Send out Reference forms for Subcontractors (with Part A completed) (if applicable) __________
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Attachment A
CONFIDENTIALITY OF PROPOSALS AND
CERTIFICATION OF INDEMNIFICATION
PRIMARY VENDOR
Submitted proposals, which are marked “confidential” in their entirety, or those in which a significant
portion of the submitted proposal is marked “confidential” will not be accepted by the State of Nevada.
Pursuant to NRS §333.333, only specific parts of the proposal may be labeled a “trade secret” as defined
in NRS §600A.030(5). All proposals are confidential until the contract is awarded; at which time, both
successful and unsuccessful vendors’ technical and cost/commission offer become public information.
In accordance with the Submittal Instructions of this document, vendors are requested to submit
confidential information in a separate envelope or binder marked “confidential.”
The State will not be responsible for any information contained within the proposal should vendors not
comply with the labeling and packing requirements, proposals will be released as submitted. In the
event a governing board acts as the final authority, there may be public discussion regarding the
submitted proposals that will be in an open meeting format, the proposals will remain confidential.
By signing below, I understand it is my responsibility as the vendor to act in protection of the labeled
information and agree to defend and indemnify the State of Nevada for honoring such designation. I
duly realize failure to so act will constitute a complete waiver and all submitted information will become
public information; additionally, failure to label any information that is released by the State shall
constitute a complete waiver of any and all claims for damages caused by the release of the information.
This proposal contains either Confidential Information, Trade Secrets and/or Proprietary information as
defined in Section 2 “ACRONYMS/DEFINITIONS.”
YES__________
NO___________
SIGNATURE ________________________________
Primary Vendor
___________________
Date
PRINT NAME ________________________________
Primary Vendor
This document must be submitted in the “State
Documents” section/tab of vendors’ technical proposal
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Attachment A
CONFIDENTIALITY OF PROPOSALS AND
CERTIFICATION OF INDEMNIFICATION
SUBCONTRACTOR
Submitted proposals, which are marked “confidential” in their entirety, or those in which a significant
portion of the submitted proposal is marked “confidential” will not be accepted by the State of Nevada.
Pursuant to NRS §333.333, only specific parts of the proposal may be labeled a “trade secret” as defined
in NRS §600A.030(5). All proposals are confidential until the contract is awarded; at which time, both
successful and unsuccessful vendors’ technical and cost/commission offers become public information.
In accordance with the Submittal Instructions of this document, vendors are requested to submit
confidential information in a separate envelope or binder marked “confidential.”
The State will not be responsible for any information contained within the proposal should vendors not
comply with the labeling and packaging submission requirements, proposal will be released as
submitted. In the event a governing board acts as the final authority, there may be public discussion
regarding the submitted proposal that will be in an open meeting format, the proposals will remain
confidential.
By signing below, I understand it is my responsibility as the vendor to act in protection of the labeled
information and agree to defend and indemnify the State of Nevada for honoring such designation. I
duly realize failure to so act will constitute a complete waiver and all submitted information will become
public information; additionally, failure to label any information that is released by the State shall
constitute a complete waiver of any and all claims for damages caused by the release of the information.
This proposal contains either Confidential Information, Trade Secrets and/or Proprietary information as
defined in Section 2 “ACRONYMS/DEFINITIONS.”
YES__________
NO___________
SIGNATURE ________________________________
Subcontractor
___________________
Date
PRINT NAME ________________________________
Subcontractor
This document must be submitted in the “State
Documents” section/tab of vendors’ technical proposal
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Attachment B
CERTIFICATION OF COMPLIANCE WITH
TERMS AND CONDITIONS OF RFP
PRIMARY VENDOR
I have read, understand and agree to comply with the terms and conditions specified in this Request for
Proposal.
Checking “YES” indicates acceptance of all terms and conditions, while checking “NO” denotes nonacceptance and vendor’s exceptions should be detailed below. In order for any exceptions to be
considered they MUST be documented.
YES _______ I agree.
NO _______ Exceptions below:
SIGNATURE ________________________________
Primary Vendor
___________________
Date
PRINT NAME ________________________________
Primary Vendor
RFP SECTION
NUMBER
EXCEPTION SUMMARY FORM
RFP PAGE
EXCEPTION
(PROVIDE A DETAILED EXPLANATION)
NUMBER
Attach additional sheets if necessary. Please use this format.
This document must be submitted in the “State
Documents” section/tab of vendors’ technical proposal
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Attachment B
CERTIFICATION OF COMPLIANCE WITH
TERMS AND CONDITIONS OF RFP
SUBCONTRACTOR
I have read, understand and agree to comply with the terms and conditions specified in this Request for
Proposal.
Checking “YES” indicates acceptance of all terms and conditions, while checking “NO” denotes nonacceptance and vendor’s exceptions should be detailed below. In order for any exceptions to be
considered they MUST be documented.
YES _______ I agree.
NO _______ Exceptions below:
SIGNATURE ________________________________
Subcontractor
___________________
Date
PRINT NAME ________________________________
Subcontractor
RFP SECTION
NUMBER
EXCEPTION SUMMARY FORM
RFP PAGE
EXCEPTION
(PROVIDE A DETAILED EXPLANATION)
NUMBER
Attach additional sheets if necessary. Please use this format.
This document must be submitted in the “State
Documents” section/tab of vendors’ technical proposal
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Attachment C
CONTRACT FORM
The following State Contract Form is provided as a courtesy to vendors interested in
responding to this RFP. Please review the terms and conditions in this form, as this is the
standard contract used by the State for all services of independent contractors. It is not
necessary for vendors to complete the Contract Form with their proposal responses.
All vendors are required to submit a Certificate of Insurance in the “State
Documents tab/section of their technical proposal identifying the coverages and
minimum limits currently in effect.
Please pay particular attention to the insurance requirements, as specified in
paragraph 16 of the attached contract.
As with all other requirements of this RFP, vendors may take exception to any of the
terms in the Contract Form, including the required insurance limits. Exceptions will be
considered during the evaluation process.
Unless specified as above, the insurance minimum limits will be negotiated at the time
the State issues a Letter of Intent to Award.
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For Purchasing Use Only:
RFP/CONTRACT # 1628
CONTRACT FOR SERVICES OF INDEPENDENT CONTRACTOR
A Contract Between the State of Nevada
Acting By and Through Its
(NAME, ADDRESS, PHONE AND FACSIMILE NUMBER OF CONTRACTING AGENCY)
and
(NAME, CONTACT PERSON, ADDRESS, PHONE, FACSIMILE NUMBER OF INDEPENDENT CONTRACTOR)
WHEREAS, NRS 284.173 authorizes elective officers, heads of departments, boards, commissions or institutions to engage,
subject to the approval of the Board of Examiners, services of persons as independent contractors; and
WHEREAS, it is deemed that the service of Contractor are both necessary and in the best interests of the State of Nevada;
NOW, THEREFORE, in consideration of the aforesaid premises, the parties mutually agree as follows:
1. REQUIRED APPROVAL. This Contract shall not become effective until and unless approved by the Nevada State Board of
Examiners.
2. DEFINITIONS. “State” means the State of Nevada and any state agency identified herein, its officers, employees and
immune contractors as defined in NRS §41.0307. “Independent Contractor” means a person or entity that performs services
and/or provides goods for the State under the terms and conditions set forth in this Contract. “Fiscal Year” is defined as the
period beginning July 1 and ending June 30 of the following year.
subject to Board of Examiners’ approval (anticipated
3. CONTRACT TERM. This Contract shall be effective from
to be
) to
, unless sooner terminated by either party as specified in paragraph (10).
4. NOTICE. Unless otherwise specified, termination shall not be effective until 30 calendar days after a party has served written
notice of default, or without cause upon the other party. All notices or other communications required or permitted to be given
under this Contract shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by
telephonic facsimile with simultaneous regular mail, or mailed certified mail, return receipt requested, postage prepaid on the
date posted, and addressed to the other party at the address specified above.
5. INCORPORATED DOCUMENTS. The parties agree that the scope of work shall be specifically described; this Contract
incorporates the following attachments in descending order of constructive precedence; a Contractor's Attachment shall not
contradict or supersede any State specifications, terms or conditions without written evidence of mutual assent to such change
appearing in this Contract:
ATTACHMENT AA:
STATE SOLICITATION (RFP # 1628) and ATTACHMENTS #1, ETC.;
SCOPE OF WORK
ATTACHMENT BB:
CONTRACTOR'S RESPONSE
6. CONSIDERATION. The parties agree that Contractor will provide the services specified in paragraph (5) at a cost of $
____________ per ____________ (state the exact cost or hourly, daily, or weekly rate exclusive of travel or per diem expenses)
with the total Contract or installments payable: ______________, not to exceed $ __________. The State does not agree to
reimburse Contractor for expenses unless otherwise specified in the incorporated attachments. Any intervening end to a biennial
appropriation period shall be deemed an automatic renewal (not changing the overall Contract term) or a termination as the
results of legislative appropriation may require.
7. ASSENT. The parties agree that the terms and conditions listed on incorporated attachments of this Contract are also
specifically a part of this Contract and are limited only by their respective order of precedence and any limitations specified.
8. TIMELINESS OF BILLING SUBMISSION. The parties agree that timeliness of billing is of the essence to the contract and
recognize that the State is on a fiscal year. All billings for dates of service prior to July 1 must be submitted to the State no later
than the first Friday in August of the same year. A billing submitted after the first Friday in August, which forces the State to
process the billing as a stale claim pursuant to NRS 353.097, will subject the Contractor to an administrative fee not to exceed
$100.00. The parties hereby agree this is a reasonable estimate of the additional costs to the State of processing the billing as a
stale claim and that this amount will be deducted from the stale claim payment due to the Contractor.
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9. INSPECTION & AUDIT.
a. Books and Records. Contractor agrees to keep and maintain under general accepted accounting principles (GAAP) full,
true and complete records, contracts, books, and documents as are necessary to fully disclose to the State or United States
Government, or their authorized representatives, upon audits or reviews, sufficient information to determine compliance with
all state and federal regulations and statutes.
b. Inspection & Audit. Contractor agrees that the relevant books, records (written, electronic, computer related or otherwise),
including, without limitation, relevant accounting procedures and practices of Contractor or its subcontractors, financial
statements and supporting documentation, and documentation related to the work product shall be subject, at any reasonable
time, to inspection, examination, review, audit, and copying at any office or location of Contractor where such records may be
found, with or without notice by the State Auditor, the relevant state agency or its contracted examiners, the Department of
Administration, Budget Division, the Nevada State Attorney General's Office or its Fraud Control Units, the State Legislative
Auditor, and with regard to any federal funding, the relevant federal agency, the Comptroller General, the General Accounting
Office, the Office of the Inspector General, or any of their authorized representatives. All subcontracts shall reflect requirements of this paragraph.
c. Period of Retention. All books, records, reports, and statements relevant to this Contract must be retained a minimum three
years and for five years if any federal funds are used in the Contract. The retention period runs from the date of payment for
the relevant goods or services by the State, or from the date of termination of the Contract, whichever is later. Retention time
shall be extended when an audit is scheduled or in progress for a period reasonably necessary to complete an audit and/or to
complete any administrative and judicial litigation which may ensue.
10. CONTRACT TERMINATION.
a. Termination Without Cause. Any discretionary or vested right of renewal notwithstanding, this Contract may be
terminated after 30 days upon written notice by mutual consent of both parties or unilaterally by either party without cause.
b. State Termination for Nonappropriation. The continuation of this Contract beyond the current biennium is subject to and
contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the State Legislature and/or
federal sources. The State may terminate this Contract, and Contractor waives any and all claim(s) for damages, effective
immediately upon receipt of written notice (or any date specified therein) if for any reason the Contracting Agency’s funding
from State and/or federal sources is not appropriated or is withdrawn, limited, or impaired.
c. Cause Termination for Default or Breach. A default or breach may be declared with or without termination. This Contract
may be terminated by either party upon 30 days written notice of default or breach to the other party as follows:
i. If Contractor fails to provide or satisfactorily perform any of the conditions, work, deliverables, goods, or services
called for by this Contract within the time requirements specified in this Contract or within any granted extension of
those time requirements; or
ii. If any state, county, city or federal license, authorization, waiver, permit, qualification or certification required by
statute, ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract is
for any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; or
iii. If Contractor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the
jurisdiction of the bankruptcy court; or
iv. If the State materially breaches any material duty under this Contract and any such breach impairs Contractor's ability
to perform; or
v. If it is found by the State that any quid pro quo or gratuities in the form of money, services, entertainment, gifts, or
otherwise were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of
the State of Nevada with a view toward securing a contract or securing favorable treatment with respect to awarding,
extending, amending, or making any determination with respect to the performing of such contract; or
vi. If it is found by the State that Contractor has failed to disclose any material conflict of interest relative to the
performance of this Contract.
d. Time to Correct. Termination upon a declared default or breach may be exercised only after service of formal written notice
as specified in paragraph (4), and the subsequent failure of the defaulting party within 15 calendar days of receipt of that
notice to provide evidence, satisfactory to the aggrieved party, showing that the declared default or breach has been corrected.
e. Winding Up Affairs Upon Termination. In the event of termination of this Contract for any reason, the parties agree that
the provisions of this paragraph survive termination:
i. The parties shall account for and properly present to each other all claims for fees and expenses and pay those which
are undisputed and otherwise not subject to set off under this Contract. Neither party may withhold performance of
winding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination;
ii. Contractor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so
requested by the Contracting Agency;
iii. Contractor shall execute any documents and take any actions necessary to effectuate an assignment of this Contract if
so requested by the Contracting Agency;
iv. Contractor shall preserve, protect and promptly deliver into State possession all proprietary information in
accordance with paragraph (21).
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11. REMEDIES. Except as otherwise provided for by law or this Contract, the rights and remedies of the parties shall not be
exclusive and are in addition to any other rights and remedies provided by law or equity, including, without limitation, actual
damages, and to a prevailing party reasonable attorneys' fees and costs. It is specifically agreed that reasonable attorneys' fees
shall include without limitation $125 per hour for State-employed attorneys. The State may set off consideration against any
unpaid obligation of Contractor to any State agency in accordance with NRS 353C.190.
12. LIMITED LIABILITY. The State will not waive and intends to assert available NRS chapter 41 liability limitations in all
cases. Contract liability of both parties shall not be subject to punitive damages. Liquidated damages shall not apply unless
otherwise specified in the incorporated attachments. Damages for any State breach shall never exceed the amount of funds
appropriated for payment under this Contract, but not yet paid to Contractor, for the fiscal year budget in existence at the time of
the breach. Damages for any Contractor breach shall not exceed 150% of the contract maximum “not to exceed” value.
Contractor’s tort liability shall not be limited.
13. FORCE MAJEURE. Neither party shall be deemed to be in violation of this Contract if it is prevented from performing any
of its obligations hereunder due to strikes, failure of public transportation, civil or military authority, act of public enemy,
accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms. In such an event
the intervening cause must not be through the fault of the party asserting such an excuse, and the excused party is obligated to
promptly perform in accordance with the terms of the Contract after the intervening cause ceases.
14. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend, not
excluding the State's right to participate, the State from and against all liability, claims, actions, damages, losses, and expenses,
including, without limitation, reasonable attorneys' fees and costs, arising out of any alleged negligent or willful acts or
omissions of Contractor, its officers, employees and agents.
15. INDEPENDENT CONTRACTOR. Contractor is associated with the State only for the purposes and to the extent specified
in this Contract, and in respect to performance of the contracted services pursuant to this Contract, Contractor is and shall be an
independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate,
control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall
be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principalagent, or to otherwise create any liability for the State whatsoever with respect to the indebtedness, liabilities, and obligations of
Contractor or any other party. Contractor shall be solely responsible for, and the State shall have no obligation with respect to:
(1) withholding of income taxes, FICA or any other taxes or fees; (2) industrial insurance coverage; (3) participation in any
group insurance plans available to employees of the State; (4) participation or contributions by either Contractor or the State to
the Public Employees Retirement System; (5) accumulation of vacation leave or sick leave; or (6) unemployment compensation
coverage provided by the State. Contractor shall indemnify and hold State harmless from, and defend State against, any and all
losses, damages, claims, costs, penalties, liabilities, and expenses arising or incurred because of, incident to, or otherwise with
respect to any such taxes or fees. Neither Contractor nor its employees, agents, or representatives shall be considered
employees, agents, or representatives of the State. The State and Contractor shall evaluate the nature of services and term
negotiated in order to determine "independent contractor" status and shall monitor the work relationship throughout the term of
the Contract to ensure that the independent contractor relationship remains as such. To assist in determining the appropriate
status (employee or independent contractor), Contractor represents as follows:
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Contractor's Initials
YES
1.
Does the Contracting Agency have the right to require control of when, where
and how the independent contractor is to work?
2.
Will the Contracting Agency be providing training to the independent
contractor?
3.
Will the Contracting Agency be furnishing the independent contractor with
worker's space, equipment, tools, supplies or travel expenses?
4.
Are any of the workers who assist the independent contractor in performance of
his/her duties employees of the State of Nevada?
5.
Does the arrangement with the independent contractor contemplate continuing
or recurring work (even if the services are seasonal, part-time, or of short
duration)?
6.
Will the State of Nevada incur an employment liability if the independent
contractor is terminated for failure to perform?
7.
Is the independent contractor restricted from offering his/her services to the
general public while engaged in this work relationship with the State?
NO
16. INSURANCE SCHEDULE. Unless expressly waived in writing by the State, Contractor, as an independent contractor and
not an employee of the State, must carry policies of insurance in amounts specified in this Insurance Schedule and pay all
taxes and fees incident hereunto. The State shall have no liability except as specifically provided in the Contract. The
Contractor shall not commence work before:
1) Contractor has provided the required evidence of insurance to the Contracting Agency of the State, and
2) The State has approved the insurance policies provided by the Contractor.
Prior approval of the insurance policies by the State shall be a condition precedent to any payment of consideration under this
Contract and the State’s approval of any changes to insurance coverage during the course of performance shall constitute an
ongoing condition subsequent this Contract. Any failure of the State to timely approve shall not constitute a waiver of the
condition.
Insurance Coverage: The Contractor shall, at the Contractor’s sole expense, procure, maintain and keep in force for the
duration of the Contract the following insurance conforming to the minimum requirements specified below. Unless
specifically specified herein or otherwise agreed to by the State, the required insurance shall be in effect prior to the
commencement of work by the Contractor and shall continue in force as appropriate until the latter of:
1. The last call processed through the inmate telephone system; or
2. Such time as the insurance is no longer required by the State under the terms of this Contract.
Any insurance or self-insurance available to the State shall be excess of and non-contributing with any insurance required
from Contractor. Contractor’s insurance policies shall apply on a primary basis. Until such time as the insurance is no longer
required by the State, Contractor shall provide the State with renewal or replacement evidence of insurance no less than thirty
(30) days before the expiration or replacement of the required insurance. If at any time during the period when insurance is
required by the Contract, an insurer or surety shall fail to comply with the requirements of this Contract, as soon as Contractor
has knowledge of any such failure, Contractor shall immediately notify the State and immediately replace such insurance or
bond with an insurer meeting the requirements.
Workers’ Compensation and Employer’s Liability Insurance
1)
Contractor shall provide proof of worker’s compensation insurance as required of Nevada Revised Statutes
Chapters 616A through 616D inclusive.
2)
Employer’s Liability insurance with a minimum limits of $500,000 each employee per accident for bodily
injury by accident or disease.
If this contract is for temporary or leased employees, an Alternate Employer endorsement must be attached to
the Contractor’s workers’ compensation insurance policy.
3)
If the Contractor qualifies as a sole proprietor as defined in NRS Chapter 616A.310, and has elected to not
purchase industrial insurance for himself/herself, the sole proprietor must submit to the contracting State agency
a fully executed “Affidavit of Rejection of Coverage Under NRS 616B.627 and NRS 617.210” form.
Commercial General Liability Insurance
1) Minimum Limits required:
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$2,000,000.00 General Aggregate
$2,000,000.00 Products & Completed Operations Aggregate
$1,000,000.00 Personal and Advertising Injury
$1,000,000.00 Each Occurrence
2) Coverage shall be on an occurrence basis and shall be at least as broad as ISO 1996 form CG 00 01 (or a substitute
form providing equivalent coverage); and shall cover liability arising from premises, operations, independent
contractors, completed operations, personal injury, products, civil lawsuits, Title VII actions and liability assumed
under an insured contract (including the tort liability of another assumed in a business contract).
Business Automobile Liability Insurance
1) Minimum Limit required: $1,000,000.00 Each Occurrence for bodily injury and property damage.
2) Coverage shall be for “any auto” (including owned, non-owned and hired vehicles).
The policy shall be written on ISO form CA 00 01 or a substitute providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
Professional Liability Insurance
1) Minimum Limit required: $1,000,000.00 Each Claim
2) Retroactive date: Prior to commencement of the performance of the contract
3) Discovery period: Three (3) years after termination date of contract.
4) A certified copy of this policy may be required.
Umbrella or Excess Liability Insurance
1) May be used to achieve the above minimum liability limits.
2) Shall be endorsed to state it is “As Broad as Primary Policy”
Commercial Crime Insurance
Minimum Limit required: $Waived Per Loss for Employee Dishonesty
This insurance shall be underwritten on a blanket form amending the definition of “employee” to include all employees
of the Vendor regardless of position or category.
Performance Security
Amount required: $750,000.00
1) Security may be in the form of surety bond, Certificate of Deposit or Treasury Note payable to the State of
Nevada, only.
2) The security shall be deposited with the contracting State agency no later than ten (10) working days following
award of the Contract to Contractor.
3) Upon successful Contract completion, the security and all interest earned, if any, shall be returned to the
Contractor.
General Requirements:
a. Additional Insured: By endorsement to the general liability insurance policy evidenced by Contractor, The State of
Nevada, the Department of Corrections, its officers, employees and immune contractors as defined in NRS41.0307
shall be named as additional insureds for all liability arising from the Contract.
b. Waiver of Subrogation: Each liability insurance policy shall provide for a waiver of subrogation as to additional
insureds.
c. Cross-Liability: All required liability policies shall provide cross-liability coverage as would be achieved under the
standard ISO separation of insureds clause.
d. Deductibles and Self-Insured Retentions: Insurance maintained by Contractor shall apply on a first dollar basis without
application of a deductible or self-insured retention unless otherwise specifically agreed to by the State. Such approval
shall not relieve Contractor from the obligation to pay any deductible or self-insured retention. Any deductible or selfinsured retention shall not exceed $5,000 per occurrence, unless otherwise approved by the Risk Management
Division.
e. Policy Cancellation: Except for ten days notice for non-payment of premium, each insurance policy shall be endorsed
to state that; without thirty (30) days prior written notice to the State of Nevada, c/o Contracting Agency, the policy
shall not be canceled, non-renewed or coverage and /or limits reduced or materially altered, and shall provide that
notices required by this paragraph shall be sent by certified mailed to the address shown below.
f. Approved Insurer: Each insurance policy shall be:
1) Issued by insurance companies authorized to do business in the State of Nevada or eligible surplus lines insurers
acceptable to the State and having agents in Nevada upon whom service of process may be made, and
2) Currently rated by A.M. Best as “A- VII” or better.
Evidence of Insurance:
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Prior to the start of any Work, Contractor must provide the following documents to the contracting State agency:
1) Certificate of Insurance: The Acord 25 Certificate of Insurance form or a form substantially similar must be submitted
to the State to evidence the insurance policies and coverages required of Contractor.
2) Additional Insured Endorsement: An Additional Insured Endorsement (CG20 10 or C20 26) , signed by an authorized
insurance company representative, must be submitted to the State to evidence the endorsement of the State as an additional
insured per General Requirements, Subsection a above.
3) Schedule of Underlying Insurance Policies: If Umbrella or Excess policy is evidenced to comply with minimum limits,
a copy of the Underlyer Schedule from the Umbrella or Excess insurance policy may be required.
Review and Approval: Documents specified above must be submitted for review and approval by the State prior to the
commencement of work by Contractor. Neither approval by the State nor failure to disapprove the insurance furnished by
Contractor shall relieve Contractor of Contractor’s full responsibility to provide the insurance required by this Contract.
Compliance with the insurance requirements of this Contract shall not limit the liability of Contractor or its subcontractors, employees or agents to the State or others, and shall be in addition to and not in lieu of any other remedy
available to the State under this Contract or otherwise. The State reserves the right to request and review a copy of any
required insurance policy or endorsement to assure compliance with these requirements.
Mail all required insurance documents to the Contracting Agency identified on page one of the contract.
17. COMPLIANCE WITH LEGAL OBLIGATIONS. Contractor shall procure and maintain for the duration of this Contract
any state, county, city or federal license, authorization, waiver, permit, qualification or certification required by statute,
ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract. Contractor will
be responsible to pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Real property and personal
property taxes are the responsibility of Contractor in accordance with NRS 361.157 and 361.159. Contractor agrees to be
responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract.
The State may set-off against consideration due any delinquent government obligation in accordance with NRS 353C.190.
18. WAIVER OF BREACH. Failure to declare a breach or the actual waiver of any particular breach of the Contract or its
material or nonmaterial terms by either party shall not operate as a waiver by such party of any of its rights or remedies as to any
other breach.
19. SEVERABILITY. If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this
Contract shall be construed as if such provision did not exist and the nonenforceability of such provision shall not be held to
render any other provision or provisions of this Contract unenforceable.
20. ASSIGNMENT/DELEGATION. To the extent that any assignment of any right under this Contract changes the duty of
either party, increases the burden or risk involved, impairs the chances of obtaining the performance of this Contract, attempts to
operate as a novation, or includes a waiver or abrogation of any defense to payment by State, such offending portion of the
assignment shall be void, and shall be a breach of this Contract. Contractor shall neither assign, transfer nor delegate any rights,
obligations or duties under this Contract without the prior written consent of the State.
21. STATE OWNERSHIP OF PROPRIETARY INFORMATION. Any reports, histories, studies, tests, manuals, instructions,
photographs, negatives, blue prints, plans, maps, data, system designs, computer code (which is intended to be consideration
under the Contract), or any other documents or drawings, prepared or in the course of preparation by Contractor (or its
subcontractors) in performance of its obligations under this Contract shall be the exclusive property of the State and all such
materials shall be delivered into State possession by Contractor upon completion, termination, or cancellation of this Contract.
Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than performance of
Contractor's obligations under this Contract without the prior written consent of the State. Notwithstanding the foregoing, the
State shall have no proprietary interest in any materials licensed for use by the State that are subject to patent, trademark or
copyright protection.
22. PUBLIC RECORDS. Pursuant to NRS 239.010, information or documents received from Contractor may be open to public
inspection and copying. The State will have the duty to disclose unless a particular record is made confidential by law or a
common law balancing of interests. Contractor may label specific parts of an individual document as a "trade secret" or
"confidential" in accordance with NRS 333.333, provided that Contractor thereby agrees to indemnify and defend the State for
honoring such a designation. The failure to so label any document that is released by the State shall constitute a complete waiver
of any and all claims for damages caused by any release of the records.
23. CONFIDENTIALITY. Contractor shall keep confidential all information, in whatever form, produced, prepared, observed
or received by Contractor to the extent that such information is confidential by law or otherwise required by this Contract.
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24. FEDERAL FUNDING. In the event federal funds are used for payment of all or part of this Contract:
a. Contractor certifies, by signing this Contract, that neither it nor its principals are presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency. This certification is made pursuant to the regulations implementing Executive Order 12549, Debarment and
Suspension, 28 C.F.R. pt. 67, § 67.510, as published as pt. VII of the May 26, 1988, Federal Register (pp. 19160-19211), and
any relevant program-specific regulations. This provision shall be required of every subcontractor receiving any payment in
whole or in part from federal funds.
b. Contractor and its subcontractors shall comply with all terms, conditions, and requirements of the Americans with
Disabilities Act of 1990 (P.L. 101-136), 42 U.S.C. 12101, as amended, and regulations adopted thereunder contained in 28
C.F.R. 26.101-36.999, inclusive, and any relevant program-specific regulations.
c. Contractor and its subcontractors shall comply with the requirements of the Civil Rights Act of 1964, as amended, the
Rehabilitation Act of 1973, P.L. 93-112, as amended, and any relevant program-specific regulations, and shall not
discriminate against any employee or offeror for employment because of race, national origin, creed, color, sex, religion, age,
disability or handicap condition (including AIDS and AIDS-related conditions.)
25. LOBBYING The parties agree, whether expressly prohibited by federal, State or local law, or otherwise, that no funding
associated with this contract will be used for any purpose associated with or related to lobbying or influencing or attempting to
lobby or influence for any purpose the following:
a. Any federal, state, county or local agency, legislature, commission, counsel or board;
b. Any federal, state, county or local legislator, commission member, counsel member, board member, or other elected
official; or
c. Any officer or employee of any federal, state, county or local agency; legislature, commission, counsel or board.
26. WARRANTIES.
a. General Warranty. Contractor warrants that all services, deliverables, and/or work product under this Contract shall be
completed in a workmanlike manner consistent with standards in the trade, profession, or industry; shall conform to or exceed
the specifications set forth in the incorporated attachments; and shall be fit for ordinary use, of good quality, with no material
defects.
b. System Compliance. Contractor warrants that any information system application(s) shall not experience abnormally
ending and/or invalid and/or incorrect results from the application(s) in the operating and testing of the business of the State.
This warranty includes, without limitation, century recognition, calculations that accommodate same century and multicentury
formulas and data values and date data interface values that reflect the century. Pursuant to NRS 41.0321, the State is
immune from liability due to any failure of any incorrect date being produced, calculated or generated by a computer or other
information system.
27. PROPER AUTHORITY. The parties hereto represent and warrant that the person executing this Contract on behalf of each
party has full power and authority to enter into this Contract. Contractor acknowledges that as required by statute or regulation
this Contract is effective only after approval by the State Board of Examiners and only for the period of time specified in the
Contract. Any services performed by Contractor before this Contract is effective or after it ceases to be effective are performed
at the sole risk of Contractor.
28. GOVERNING LAW; JURISDICTION. This Contract and the rights and obligations of the parties hereto shall be governed
by, and construed according to, the laws of the State of Nevada, without giving effect to any principle of conflict-of-law that
would require the application of the law of any other jurisdiction. The parties consent to the jurisdiction and venue of the First
Judicial District Court, Carson City, Nevada for enforcement of this Contract.
29. ENTIRE CONTRACT AND MODIFICATION. This Contract and its integrated attachment(s) constitute the entire
agreement of the parties and such are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Unless an
integrated attachment to this Contract specifically displays a mutual intent to amend a particular part of this Contract, general
conflicts in language between any such attachment and this Contract shall be construed consistent with the terms of this
Contract. Unless otherwise expressly authorized by the terms of this Contract, no modification or amendment to this Contract
shall be binding upon the parties unless the same is in writing and signed by the respective parties hereto and approved by the
Office of the Attorney General and the State Board of Examiners.
Inmate Telephone Services
RFP No.1628
Approved 05/07/02
Revised 08/06/04
Page 50
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed and intend to be legally bound thereby.
Independent Contractor's Signature
Date
Independent's Contractor's Title
Signature
Date
Title
Signature
Date
Title
Signature
Date
Title
APPROVED BY BOARD OF EXAMINERS
Signature - Board of Examiners
On
Approved as to form by:
(Date)
On
Deputy Attorney General for Attorney General
Inmate Telephone Services
(Date)
RFP No.1628
Approved 05/07/02
Revised 08/06/04
Page 51
Attachment D
REFERENCE QUESTIONNAIRE
The State of Nevada, as a part of the RFP process, requires proposing vendors to submit business
references as required within this document. The purpose of these references is to document the
experience relevant to the scope of work and provide assistance in the evaluation process.
The proposing vendor or subcontractor is required to complete Part A and send the following reference
form to each business reference listed for completion of Part B. The business reference, in turn, is
requested to submit the Reference Form directly to the State of Nevada, Purchasing Division by the
requested deadline for inclusion in the evaluation process. The form and information provided will
become a part of the submitted proposal. The business reference may be contacted for validation of the
response.
Inmate Telephone Services
RFP No.1628
Approved 05/07/02
Revised 08/06/04
Page 52
State of Nevada
Department of Administration
Purchasing Division
515 E. Musser Street, Room 300
Carson City, NV 89701
Jim Gibbons
Governor
Greg Smith
Administrator
RFP # 1628 REFERENCE QUESTIONNAIRE
FOR:
Part A:
(Name of company requesting reference)
As Primary Vendor
As Subcontractor of _________________________
Name of Primary Vendor
Part B:
This form is being submitted to your company for completion as a business reference for the company
listed above. This form is to be returned to the State of Nevada, Purchasing Division, via e-mail at
srvpurch@purchasing.state.nv.us or facsimile at (775) 684-0188, no later than October 12, 2007 @ 5:00
pm and must not be returned to the company requesting the reference.
For questions or concerns regarding this form, please contact the State of Nevada Purchasing Division,
Services Procurement Section by telephone at (775) 684-0170 or by e-mail at
srvpurch@purchasing.state.nv.us. When contacting us, please be sure to include the Request for
Proposal number listed at the top of this page.
CONFIDENTIAL INFORMATION WHEN COMPLETED
Company providing reference:
Contact name and title/position
Contact telephone number
Contact e-mail address
QUESTIONS:
1.
In what capacity have you worked with this vendor in the past?
COMMENTS:
2.
How would you rate this firm's knowledge and expertise?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)
COMMENTS:
3.
How would you rate the vendor's flexibility relative to changes in the project scope and timelines?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)
COMMENTS:
Inmate Telephone Services
RFP No.1628
Approved 05/07/02
Revised 08/06/04
Page 53
4.
What is your level of satisfaction with hard-copy materials produced by the vendor?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)
COMMENTS:
5.
How would you rate the dynamics/interaction between the vendor and your staff?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)
COMMENTS:
6.
Who were the vendor’s principal representatives involved in your project and how would you rate
them individually? Would you comment on the skills, knowledge, behaviors or other factors on
which you based the rating?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)
Name:
Rating:
Name:
Rating:
Name:
Rating:
Name:
Rating:
COMMENTS:
7.
How satisfied are you with the products developed by the vendor?
(3 = Excellent; 2 = Satisfactory; 1 = Unsatisfactory; 0 = Unacceptable)
COMMENTS:
8.
With which aspect(s) of this vendor's services are you most satisfied?
COMMENTS:
9.
With which aspect(s) of this vendor's services are you least satisfied?
COMMENTS:
10.
Would you recommend this vendor's services to your organization again?
COMMENTS:
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 54
Attachment E
CORRECTIONAL FACILITIES SPECIFICATIONS
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 55
FACILITY LOCATIONS
Institutions
Conservation Camps
Ely State Prison (ESP)
4569 North State Rt. 490
Ely, NV 89301
High Desert State Prison (HDSP)
22010 Cold Creek Road
Indian Springs, NV 89070
Lovelock Correctional Center (LCC)
1200 Prison Rd.
Lovelock, NV 89419
Nevada State Prison (NSP)
3301 E. 5th Street
Carson City, NV 89701
Northern Nevada Correctional Center (NNCC)
1721 E. Snyder Ave.
Carson City, NV 89701
Southern Desert Correctional Center (SDCC)
Cold Creek Road
Indian Springs, NV 89070
Southern Nevada Correctional Center (SNCC)
1 Prison Road
Jean, NV 89019
Florence McClure Women’s Correctional
Center (FMWCC)
4370 Smiley Road
North Las Vegas, NV 89115
Warm Springs Correctional Center (WSCC)
3301 E. 5th Street
Carson City, NV 89701
Carlin Conservation Camp (CCC)
124 Suzie Creek Road
Carlin, NV 89822
Ely Conservation Camp (ECC)
Horse & Cattle Camp Road
Ely, NV 89301
Humboldt Conservation Camp (HCC)
8105 Conservation Camp
Winnemucca, NV 89446
Wells Conservation Camp (WCC)
HC 67-50
Wells, NV 89835
Indian Springs Conservation Camp (ISCC)
Cold Creek Road
Indian Springs, NV 89070
Jean Conservation Camp (JCC)
3 Prison Road
Jean, NV 89019
Pioche Conservation Camp (PCC)
1 Hardtimes Road
Pioche, NV 89043
Restitution Camps
Northern Nevada Restitution Center (NNRC)
2595 E. Second Street
Reno, NV 89502
Transitional Housing Centers
Casa Grande Transitional Center (CGTC)
3955 W. Russell Road
Las Vegas, NV 89118
Inmate Telephone Services
Silver Springs Conservation Camp (SSCC)
4950 Shirlee Ave
Silver Springs, NV 89429
Stewart Conservation Camp (SCC)
1721 E. Snyder Avenue
Carson City, NV 89702
Tonopah Conversation Camp (TCC)
100 Conservation Road
Tonopah, NV 89049
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 56
FACILITY SPECIFICATIONS
Contractors should base their responses on an Average Daily Population as detailed below:
6.
Facility Name
ESP
HDSP
LCC
NSP
NNCC
SDCC
SNCC
FMWCC
WSCC
CCC
ECC
HCC
ISCC
JCC
PCC
SSCC
SCC
TCC
WCC
NNRC
CGTH
Inmate Telephone Services
FY09
Facility Expansion
Budgeted
Date
Population
1216
0
2606
560 Beds 03/2009
1667
0
905
0
240 Beds 02/2008
1497
280 Beds 10/2010
240 Beds 01/2008
1925
240 Beds 02/2008
560 Beds 10/2009
600
0
240 Beds 02/2008
888
300 Beds 01/2009
100 Beds 10/2009
517
0
150
0
150
0
150
0
264
192 Beds 06/2009
260
0
194
0
132
0
240
0
150
0
150
0
88
Possible move to
New location
150 Beds 10/2009
399
0
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 57
FACILITY COLLECT CALLING STATISTICS
Average Monthly Collect (Based Upon 6 Months)
Ely State Prison (ESP)
Call Type
Intrastate
Interstate
International
Number of Calls
3,421
699
28
Number of Minutes
42,633
9234
396
High Desert State Prison (HDSP)
Call Type
Intrastate
Interstate
International
Number of Calls
11,344
1,089
6
Number of Minutes
190,351
16,171
85
Lovelock Correctional Center (LCC)
Call Type
Intrastate
Interstate
International
Number of Calls
6,007
939
0
Number of Minutes
112,429
16,375
0
Nevada State Prison (NSP)
Call Type
Intrastate
Interstate
International
Number of Calls
4,647
678
2
Number of Minutes
90,975
11,199
34
Northern Nevada Correctional Center (NNCC)
Call Type
Intrastate
Interstate
International
Inmate Telephone Services
Number of Calls
10,127
1,149
1
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Number of Minutes
160,710
15,529
28
Page 58
Southern Desert Correctional Center (SDCC)
Call Type
Intrastate
Interstate
International
Number of Calls
10,515
958
1
Number of Minutes
174,007
13,613
9
Southern Nevada Correctional Center (SNCC)
Call Type
Intrastate
Interstate
International
Number of Calls
5,433
330
0
Number of Minutes
89,464
4,551
0
Florence McClure Women’s Correctional Center (FMWCC)
Call Type
Intrastate
Interstate
International
Number of Calls
3,778
593
0
Number of Minutes
57,839
9,410
0
Warm Springs Correctional Center (WSCC)
Call Type
Intrastate
Interstate
International
Number of Calls
3,688
354
1
Number of Minutes
60,665
5,205
5
Carlin Conservation Camp (CCC)
Call Type
Intrastate
Interstate
International
Number of Calls
1,092
92
0
Number of Minutes
16,293
1,271
0
Ely Conservation Camp (ECC)
Call Type
Intrastate
Interstate
International
Inmate Telephone Services
Number of Calls
873
699
0
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Number of Minutes
14,197
9,234
0
Page 59
Humboldt Conservation Camp (HCC)
Call Type
Intrastate
Interstate
International
Number of Calls
620
152
0
Number of Minutes
10,392
2,082
0
Indian Springs Conservation Camp (ISCC)
Call Type
Intrastate
Interstate
International
Number of Calls
1,348
183
0
Number of Minutes
20,491
2,499
0
Jean Conservation Camp (JCC)
Call Type
Intrastate
Interstate
International
Number of Calls
2,212
254
0
Number of Minutes
33,837
3,566
0
Pioche Conservation Camp (PCC)
Call Type
Intrastate
Interstate
International
Number of Calls
1,067
112
0
Number of Minutes
17,255
1,659
0
Silver Springs Conservation Camp (SSCC)
Call Type
Intrastate
Interstate
International
Inmate Telephone Services
Number of Calls
1,129
106
1
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Number of Minutes
16,965
1,580
10
Page 60
Stewart Conservation Camp (SCC)
Call Type
Intrastate
Interstate
International
SCC calls are reported through NNCC
Number of Calls
Number of Minutes
Tonopah Conservation Camp (TCC)
Call Type
Intrastate
Interstate
International
Number of Calls
893
78
0
Number of Minutes
13,200
1,018
0
Wells Conservation Camp (WCC)
Call Type
Intrastate
Interstate
International
Number of Calls
769
81
0
Number of Minutes
11,817
1,056
0
Northern Nevada Restitution Center (NNRC))
Call Type
Intrastate
Interstate
International
Number of Calls
440
51
0
Number of Minutes
6,941
619
0
Casa Grande Transitional House (CGTH)
Call Type
Intrastate
Interstate
International
Inmate Telephone Services
Number of Calls
1,149
154
0
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Number of Minutes
16,797
2,570
0
Page 61
FACILITY DEBIT CALLING STATISTICS
Average Monthly Debit (Based Upon 6 Months)
Ely State Prison (ESP)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
2
95
365
61
1
Number of Minutes
25
1,242
4,528
746
12
High Desert State Prison (HDSP)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
19
2,758
120
115
2
Number of Minutes
340
43,621
2,056
1,214
19
Lovelock Correctional Center (LCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
78
301
982
97
0
Number of Minutes
1,797
4,722
16,680
1,209
0
Nevada State Prison (NSP)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Inmate Telephone Services
Number of Calls
507
100
262
90
0
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Number of Minutes
10,167
1,807
4,796
1,373
0
Page 62
Northern Nevada Correctional Center (NNCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
1,081
257
478
129
0
Number of Minutes
17,461
3,816
6,892
1,482
0
Southern Desert Correctional Center (SDCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
60
3,031
236
135
1
Number of Minutes
1,499
50,748
4,056
1,547
14
Southern Nevada Correctional Center (SNCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
1,218
23
133
25
0
Number of Minutes
20,885
241
1,956
245
0
Florence McClure Women’s Correctional Center (FMWCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Inmate Telephone Services
Number of Calls
1,221
57
297
84
0
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Number of Minutes
20,375
732
3,707
824
0
Page 63
Warm Springs Correctional Center (WSCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
257
116
622
46
0
Number of Minutes
4,695
1,583
10,265
433
0
Carlin Conservation Camp (CCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
3
50
140
10
0
Number of Minutes
50
872
2,076
91
0
Ely Conservation Camp (ECC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
0
37
111
8
0
Number of Minutes
0
474
1,547
91
0
Humboldt Conservation Camp (HCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Inmate Telephone Services
Number of Calls
3
44
165
8
0
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Number of Minutes
33
575
2,636
105
0
Page 64
Indian Springs Conservation Camp (ISCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
0
424
99
18
0
Number of Minutes
0
6,156
1,467
205
0
Jean Conservation Camp (JCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
918
40
168
58
0
Number of Minutes
14,583
565
3,468
611
0
Pioche Conservation Camp (PCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
0
17
181
12
0
Number of Minutes
0
240
2,652
107
0
Silver Springs Conservation Camp (SSCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Inmate Telephone Services
Number of Calls
95
33
62
23
0
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Number of Minutes
1,164
526
1,133
359
0
Page 65
Stewart Conservation Camp (SCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
95
33
62
23
0
Number of Minutes
1,164
526
1,133
359
0
Tonopah Conservation Camp (TCC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
95
33
62
23
0
Number of Minutes
1,164
526
1,133
359
0
Northern Nevada Restitution Center (NNRC)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Number of Calls
95
33
62
23
0
Number of Minutes
1,164
526
1,133
359
0
Casa Grande Transitional House (CGTH)
Call Type
Local
Intralata
Interlata/Intrastate
Interstate
International
Inmate Telephone Services
Number of Calls
246
48
70
20
0
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Number of Minutes
4,058
910
1348
291
0
Page 66
Attachment F
Inmate Telephone Equipment Required
Facility Name
ESP
HDSP
LCC
NSP
NNCC
SDCC
SNCC
FMWCC
WSCC
CCC
ECC
HCC
ISCC
JCC
PCC
SSCC
SCC
TCC
WCC
NNRC
CGTH
Central-Inspectors
VENDOR
Vendor
# of Inmate Recommended
Telephones # of Inmate
Telephones
37
145
97
60
50
60
26
57
19
6
5
4
6
24
8
7
10
6
6
7
24
0
_____________________
Inmate Telephone Services
# of Inmate
# of TDD
Telephone
Units
Workstations
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
3
1
1
1
1
2
1
1
1
1
0
0
0
1
1
1
1
1
0
0
0
1
0
# of Portable
Telephones
14
14
14
4
4
4
4
4
4
0
0
0
0
0
0
0
0
0
0
0
0
0
DATE:
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 67
Attachment G
SAMPLE SCORE SHEET
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 68
STATE OF NEVADA, PURCHASING DIVISION
RFP 1628
INMATE TELEPHONE SERVICES FOR THE
DEPARTMENT OF CORRECTIONS
Proposal Opening Date: October 15, 2007
VENDOR NAME: ________________________________________________________________
Evaluator Initials: _________________________________________________________________
Item
Evaluation Criteria
1.
Reasonableness of
Cost
2.
Demonstrated
Competence
Expertise and
Availability of Key
Personnel
Experience in
Performance of
Comparable
Engagements
Conformance with the
Terms of the RFP
3.
4.
5.
Weight
Score
(1-10)
Revised Score
(1-10)
Reason for
Revision
Total
After reading vendor proposals, assign a score for each criterion above between 1 and 10, with
1=Poor and 10=Excellent. The Revised Score column and the score for cost should be left blank
until the scheduled evaluation meeting.
Below is a brief description of the issues related to each factor.
1.
Reasonableness of cost. Has the vendor established a cost that is reasonable for the project?
Is the State of Nevada receiving good value for its dollars? Does the fee appear costeffective? Are the costs reasonable compared to the competition? Will there be any
additional costs or other ongoing expenses?
2.
Demonstrated competence. Did the vendor provide sufficient data to convince you that it
will do a good job for the State? Was the proof compelling? Are you confident that this
vendor has the knowledge, skills and abilities to perform all its tasks well? Will the vendor’s
resources be adequate to serve the State’s needs? Does the vendor suggest new ways to
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 69
enhance performance? Does the vendor have the flexible capacity to handle all the needs of
the State as they continue to change? Did the vendor present sufficient performance history
to convince you of its ability? Has the vendor been in business long enough to provide good
stability? Has the vendor experienced ownership changes that would impact its services?
Has there been any censure or litigation history?
3.
Expertise and availability of key personnel. Is the staff that will be assigned to this project
by the vendor the best qualified to complete the tasks? Will they be available to insure
completion of the project? Will they be available for follow-up issues? Is sufficient staff
assigned to handle these duties? Is there a Nevada office or contact person? Will assigned
staff respond to issues within a reasonable amount of time?
4.
Experience in performance of comparable engagements. Does the vendor have prior
experience that will ensure all the skills necessary to perform tasks well? Did the vendor
have success in other work for a private or governmental entity? Does the vendor’s previous
work convince you of its successful completion of these duties? Has the vendor provided
adequate references?
5.
Conformance with the terms of this RFP. Did the vendor’s proposal provide all the
necessary information requested in the RFP in a professional manner? Did the proposal
cause doubt regarding its ability to complete the necessary tasks? Was the proposal easy to
understand and did it provide answers to questions, or create more questions?
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 70
Attachment H
STATEMENT OF NON-SUBMITTAL
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 71
The completed Statement of Non-Submittal shall be provided to Gail Burchett at the State of
Nevada, State Purchasing Department, via fax at 775-684-0188 on or before October 14, 2007.
We, the undersigned, have declined to submit a response to the Inmate Telephone Service RFP
for NDOC.
REASON:
Insufficient time to respond.
Specifications unclear (explain below).
We do not offer this product or an equivalent.
Our product schedule does not permit us to perform.
Unable to meet specifications.
Unable to meet Bond requirements.
Other (explain below).
Remarks:
COMPANY NAME:
ADDRESS:
TELEPHONE NUMBER:
SIGNATURE:
PRINT NAME / TITLE:
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 72
Attachment I
SITE EVALUATION FORM
SITE VISITS ARE RECOMMENDED BUT NOT MANDATORY
Site visits will be conducted at the following Facilities at the dates indicated below. Please
indicate whether Contractor will attend the scheduled site visits and, if so, for which Facility.
The exact times and a map to the locations will be sent to all respondents.
Once completed, Contractor shall return this Site Evaluation Form and the Background
Check Form to Gail Burchett, Purchasing Officer II via fax at (775) 684-0188 or via email at
gburchet@purchasing.state.nv.us on or before 12:00 noon, Pacific Time, September 4, 2007.
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 73
ELY STATE PRISON (ESP)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 12, 2007
Afternoon
Yes
No
HIGH DESERT STATE PRISON (HDSP)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 6, 2007
Morning
Yes
No
LOVELOCK CORRECTIONAL CENTER (LCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 11, 2007
Morning
Yes
No
NEVADA STATE PRISON (NSP)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Inmate Telephone Services
September 10, 2007
Morning
Yes
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
No
Page 74
Facility Contact:
NORTHERN NEVADA CORRECTIONAL CENTER (NNCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 10, 2007
Morning
Yes
No
SOUTHERN DESERT CORRECTIONAL CENTER (SDCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 6, 2007
Morning
Yes
No
SOUTHERN NEVADA CORRECTIONAL CENTER (SNCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
Inmate Telephone Services
September 7, 2007
Afternoon
Yes
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
No
Page 75
FLORENCE MC CLURE WOMEN’S CORRECTIONAL CENTER
(FMWCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 6, 2007
Afternoon
Yes
No
WARM SPRINGS CORRECTIONAL CENTER (WSCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 10, 2007
Morning
Yes
No
CARLIN CONSERVATION CAMP (CCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
Inmate Telephone Services
September 12, 2007
Afternoon
Yes
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
No
Page 76
ELY CONSERVATION CAMP (ECC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 12, 2007
Morning
Yes
No
HUMBOLDT CONSERVATION CAMP (HCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 11, 2007
Afternoon
Yes
No
INDIAN SPRINGS CONSERVATION CAMP (ISCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 6, 2007
Morning
Yes
No
JEAN CONSERVATION CAMP (JCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
Inmate Telephone Services
September 7, 2007
Afternoon
Yes
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
No
Page 77
PIOCHE CONSERVATION CAMP (PCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 13, 2007
Afternoon
Yes
No
SILVER SPRINGS CONSERVATION CAMP (SSCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 11, 2007
Morning
Yes
No
STEWART CONSERVATION CAMP (SCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 10, 2007
Morning
Yes
No
TONOPAH CONSERVATION CAMP (TCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
Inmate Telephone Services
September 14, 2007
Morning
Yes
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
No
Page 78
WELLS CONSERVATION CAMP (WCC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 12, 2007
Afternoon
Yes
No
NORTHERN NEVADA RESTITUTION CENTER (NNRC)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
September 10, 2007
Afternoon
Yes
No
CASA GRANDE TRANSITIONAL HOUSE (CGTH)
Date for Site Evaluation:
Time for Site Evaluation:
Name of Contractor Representative:
Title of Contractor Representative:
Contractor Contact Phone Number:
Will Attend? (Circle One)
Facility Contact:
Inmate Telephone Services
September 7, 2007
Afternoon
Yes
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
No
Page 79
Nevada Department of Corrections
Contractor Background Check Application
Please PRINT all information
1.
NAMES AND ADDRESSES
Applicant Name
Last
First
MI
Please complete this questionnaire in its ENTIRETY and mail it back to the address listed above. BE ADVISED: ANY omission or false statement is
SUFFICENT REASON FOR DENIAL.
List any other names (alias) you are known by. Include your maiden name and any nicknames, if applicable)
(Failure to include all names will result in denial)
Current Physical Address
Full Street
City
State
Zip
Full Street
City
State
Zip
Full Street
City
State
Zip
Current Mailing Address
Previous Address
Home Phone Number (
)
List any other states you have lived in:
Occupation or Business
Business Phone (
_Employer
Contact Name: ______________________________________
)
Have you ever worked for the Nevada Department of Corrections?
2.
Yes
No
If Yes, When?
IDENTIFIERS
State
Drivers License and or ID number
Date of Birth
Place of Birth
SSN
Gender:
Male
Female
Race
Marital Status:
Married
Single
Weight
Height
Age
Hair Color
Eye Color
Scars Marks or Tattoos
For Official Use Only
Application Review
Approved
Denied
Signature of Authorized Personnel
3.
Date
Criminal History: ALL arrests must be listed, whether there was a conviction or not. You must also list arrests in other states and countries. Do not
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 80
exclude anything; any omission of an arrest is automatic denial.
Have you EVER been arrested? Yes
or No
Have you EVER been convicted of a Felony? Yes
or No
If yes, complete the following, attach additional sheets if necessary.
Charge
Disposition
Date of Arrest
City/State
Charge
Disposition
Date of Arrest
City/State
Charge
Disposition
Date of Arrest
City/State
Charge
Disposition
Date of Arrest
City/State
Charge
Disposition
Date of Arrest
City/State
Are you currently on Probation? Yes
or No
If yes, in what state?
4.
Do you or have you ever visited or corresponded with an inmate incarcerated in Nevada Yes
If yes, complete the following section and attach additional sheets if necessary.
Name and Back Number
5.
Relationship
or No
Indicate whether you visit or
write this inmate
Authorization
Chapter 179A of the Nevada Revised Statutes permits an Agency of the Criminal Justice to obtain records of criminal history regarding a prospective
employee. Consent is not required in order to obtain information reflecting only convictions. Consent is required in order to obtain a complete record of criminal
history.
The applicant’s signature on this consent form will permit the Department of Corrections to obtain complete
information regarding arrests, detention, indictments, information or other formal criminal charges and disposition of charges, including dismissals, acquittals,
convictions, sentences, correctional supervision and release.
This information will be used only for purposes of determining employability. Chapter 179A of NRS prohibits an employer from dissemination of this
information.
Applicants Signature
Date
Agency Authorization for Records Check
Date
DOC 560 (11-06)
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 81
Attachment J
COST/COMMISSION PROPOSAL
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 82
Vendors name _____________________________
Section I:
INMATE TELEPHONE SERVICE: RATES AND COMMISSIONS EXCLUDING A
PART-TIME ON-SITE ADMINISTRATOR
1.
Contractor shall provide a commission offer for the rates listed below as Calling Rate
Option #1 (Please ensure international rates are proposed). Contractor must detail all
additional charges and fees that will be assessed for collect, pre-paid collect and
debit/inmate based pre-paid inmate telephone calls.
2.
Contractor shall attach additional charts if Contractor chooses to provide additional
commission and calling rate offers. Failure to complete Attachment G-1 and G-2
may cause your proposal to be rejected. Please be sure to include debit and/or pre-paid
information in the RFP Response.
COLLECT AND DEBIT CALLING RATES OPTION #1:
Intrastate Calling Rates:
Mileage Band
0-10 (and local)
11-22
23-55
56-124
125+
1st Minute
$0.14
$0.20
$0.27
$0.33
$0.39
Additional Minute
$0.05
$0.09
$0.14
$0.21
$0.26
Time of Day Discounts:
Monday – Friday
8:00 AM – 5:00 PM
5:00 PM – 11:00 PM
11:00 PM – 8:00 AM
0%
25%
50%
Saturday
All Hours
50%
Sunday
8:00 AM – 5:00 PM
5:00 PM – 11:00 PM
11:00 PM – 8:00 AM
50%
25%
50%
The following Holidays will receive a 50% discount: New Year’s Day, Independence Day, Labor Day,
Thanksgiving, and Christmas. Discounts do NOT apply to operator surcharges.
Automated Operator Surcharges:
Station-to-Station Collect
Person-to-Person Collect
$1.00
$3.00
Interstate Calling Rates:
Surcharge
3.95
Per Minute Rate
$0.89
Commission Rate:
Financial Incentive:
MAG Payment:
Comments:
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 83
CALLING RATES OPTION #2:
COLLECT
Surcharge
Per Minute
Rate
INMATE BASED
DEBIT
Per
Minute
Surcharge
Rate
PRE-PAID COLLECT
Per
Minute
Surcharge
Rate
Local
Intralata/Intrastate
Interlata/Intrastate
Interlata/Interstate
International
Additional
Charges
Commission Rate
Financial Incentive:
MAG Payment:
Comments:
CONTRACTOR NAME:
AUTHORIZED REPRESENTATIVE:
SIGNATURE:
TITLE:
Inmate Telephone Services
DATE:
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 84
Section II:
INMATE TELEPHONE SERVICE: RATES AND COMMISSIONS INCLUDING A
PART-TIME ON-SITE ADMINISTRATOR
1. Contractor shall provide a commission offer for the rates listed below as Calling Rate
Option #1 (Please ensure international rates are proposed). Contractor must detail all
additional charges and fees that will be assessed for collect, pre-paid collect and
debit/inmate based pre-paid inmate telephone calls.
2. Contractor shall attach additional charts if Contractor chooses to provide additional
commission and calling rate offers. Failure to complete Attachment G-1 and G-2
may cause your proposal to be rejected. Please be sure to include debit and/or pre-paid
information in the RFP Response.
COLLECT AND DEBIT CALLING RATES OPTION #1:
Intrastate Calling Rates:
1st Minute
$0.14
$0.20
$0.27
$0.33
$0.39
Mileage Band
0-10 (and local)
11-22
23-55
56-124
125+
Additional Minute
$0.05
$0.09
$0.14
$0.21
$0.26
Time of Day Discounts:
Monday – Friday 8:00 AM – 5:00 PM
5:00 PM – 11:00 PM
11:00 PM – 8:00 AM
0%
25%
50%
Saturday
All Hours
50%
Sunday
8:00 AM – 5:00 PM
5:00 PM – 11:00 PM
11:00 PM – 8:00 AM
50%
25%
50%
The following Holidays will receive a 50% discount: New Year’s Day, Independence Day, Labor Day, Thanksgiving, and
Christmas. Discounts do NOT apply to operator surcharges.
Automated Operator Surcharges:
Station-to-Station Collect
Person-to-Person Collect
Interstate Calling Rates:
Surcharge
3.95
$1.00
$3.00
Per Minute Rate
$0.89
Commission Rate:
Financial Incentive:
MAG Payment:
Comments:
Inmate Telephone Services
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 85
CALLING RATES OPTION #2:
COLLECT
Per Minute
Surcharge
Rate
INMATE BASED
DEBIT
Per Minute
Surcharge
Rate
PRE-PAID COLLECT
Per Minute
Surcharge
Rate
Local
Intralata/Intrastate
Interlata/Intrastate
Interlata/Interstate
International
Additional
Charges
Commission Rate
Financial Incentive:
MAG Payment:
Comments:
CONTRACTOR NAME:
AUTHORIZED REPRESENTATIVE:
SIGNATURE:
TITLE:
Inmate Telephone Services
__________________________________________
RFP No. 1628
Approved 05/07/02
Revised 09/09/04
Page 86