City and County of San Francisco Request for Proposals for Incarcerated Person Communication Services
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RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services City and County of San Francisco Request for Proposals for Incarcerated Person Communication Services RFP # SHF | 2019-11/ Sourcing Event No. 0000003286 Date issued: Pre-proposal conference: Proposal due: P-590 (4-17) December 20, 2019 9:00 a.m., January 8, 2020 2:00 p.m., February 5, 2020 Page 1 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services Request for Proposals for Incarcerated Person Communication Services: RFP # SHF | 2019-11 I. INTRODUCTION AND SCHEDULE ................................................................................ 3 II. SCOPE OF WORK............................................................................................................... 5 III. SUBMISSION REQUIREMENTS ..................................................................................... 5 IV. EVALUATION AND SELECTION CRITERIA ............................................................ 16 V. PRE-PROPOSAL CONFERENCE AND AGREEMENT AWARD ............................. 19 VI. TERMS AND CONDITIONS FOR RECEIPT OF PROPOSALS ................................ 20 VII. CONTRACT REQUIREMENTS ...................................................................................... 25 VIII. PROTEST PROCEDURES .............................................................................................. 26 TABLE OF CONTENTS Appendices: A. Standard Forms: Listing and Internet addresses of Forms related to Taxpayer Identification Number and Certification, to Business Tax Declaration, and to Chapters 12B and 12C, and 14B of the S.F. Administrative Code. B Agreement for Professional Services (form P-600) [separate document] C Proposal Response Outline Example [separate document] Attachments: Attachment 1- RFP Requirements P-590 (4-17) Page 2 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services Request for Proposals for Incarcerated Person Communications Services I. Introduction and Schedule A. General P-590 (4-17) 1. The City and County of San Francisco (“City”) with the San Francisco Sheriff’s Department (“Sheriff’s Department”) invite responses to this Request for Proposal (RFP) from qualified, experienced Proposers who can provide a comprehensive, reliable incarcerated person communications solution including incarcerated person telephones, standard visitation services and additional technologies that meet the requirements described in this RFP. For the purposes of this RFP, City and Sheriff’s Department are considered interchangeable. 2. City is seeking an experienced Proposer to provide, install and maintain various incarcerated person communication solutions inclusive of an incarcerated person, visitation and public payphone telephone system (IPTS) at the Jail Facilities. Proposer shall provide all incarcerated person communication services to the incarcerated persons in accordance with the requirements and provisions set forth in this RFP and to all of the Facilities listed in Attachment 1, Section I (Facility Specifications). All calls through the IPTS, including International calls, shall be completed as free and shall not require a charge or transaction fee. 3. The Sheriff’s Department may engage third party consultants both in the process of this procurement and in the management of the day-to-day operations of the selected Proposer. Currently, the Sheriff’s Department works with Praeses, LLC (“Praeses) as its independent and objective compliance monitor (“Designated Agent”) relative to the Sheriff’s Department incarcerated person communication services environment. Proposers responding to this RFP shall accept the Sheriff’s Department’s direction in working with its Designated Agent. 4. The awarded Agreement shall have an original term of three years. In addition, the Sheriff’s Department shall have two options to extend the term for a period of one year each, which the Sheriff’s Department may exercise in its sole, absolute discretion. Page 3 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services B. Schedule of Events The anticipated schedule for selecting an incarcerated person communications Proposer is: Proposal Phase Date RFP is issued by the Sheriff’s Department 12/20/19 Deadline for mandatory pre-proposal conference registration Mandatory pre-proposal conference 01/03/2020 9:00 a.m. (PST), 01/08/2020 Deadline for submission of written questions or requests for clarification Proposals due 01/13/2020 2 p.m. (PST), 02/05/2020 Tentative effective date of Agreement 05/1/2020 C. Contractors Unable to do Business with the City 1. Generally Contractors that do not comply with laws set forth in San Francisco’s Municipal Codes may be unable to enter into an Agreement with the City. Some of the laws are included in this RFP, or in the sample terms and conditions attached as the P-600 Professional Services Agreement (4-19). 2. Companies Headquartered in Certain States The awarded Agreement is subject to the requirements of Administrative Code Chapter 12X, which prohibits the City from entering into contracts with companies headquartered in states with laws that perpetuate discrimination against LGBT populations or where any or all of the work on the contract will be performed in any of those states. Proposers are hereby advised that Proposers that have their United States headquarters in a state on the Covered State List, as that term is defined in Administrative Code Section 12X.3, or where any or all of the work on the contract will be performed in a state on the Covered State List may not enter into contracts with the City. A list of states on the Covered State List is available at the website of the City Administrator. P-590 (4-17) Page 4 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services II. Scope of Work A. The Sheriff’s Department is seeking an experienced incarcerated person communications Proposer to provide, install and maintain various incarcerated person communication solutions inclusive of an incarcerated person telephone service (IPTS), audio recording of visitation sessions, and a payphone telephone system. 1. All incarcerated person telephone calls and visitation sessions processed by and through the IPTS shall be completed as free and no fees shall be charged by Proposer to the incarcerated persons or the called parties. 2. The Sheriff’s Department will pay the Proposer a fixed annual cost amount split into equal monthly payments to compensate Proposer for the IPTS services outlined in this RFP and Attachment 1 – RFP Requirements. Proposer may offer an alternative Price Proposal utilizing a lease per incarcerated person telephone in Option 2 of the RFP and as outlined in Attachment 1, Section J (Rates and Fees). a) The Sheriff’s Department reserves the right to request an adjustment in the fixed annual cost amount in the event of a material change in the active incarcerated persons or open facilities. Material change shall be considered a fluctuation of 10% or more in the incarcerated persons population for a period of 4 (four) consecutive months. b) The Sheriff’s Department reserves the right to modify the free call or fixed annual cost arrangement with the awarded Proposer. In such event, the Sheriff’s Department and Proposer will mutually negotiate any adjustments to the Agreement and all such changes will be documented in an amendment. c) The Sheriff’s Department reserves the right to impose a percentage cap on Proposer-proposed increases in pricing beyond the fixed annual cost amount. B. III. Detailed Proposer responsibilities and specific requirements are set forth in in Attachment 1 – RFP Requirements and define the scope of work associated with this RFP. Submission Requirements A. Time and Place for Submission of Proposals 1. Proposals must be received by 2:00 p.m. (PST), on 2/05/2020. Postmarks will not be considered in judging the timeliness of submissions. Proposals may be delivered electronically via the City’s PeopleSoft system at https://sfcitypartner.sfgov.org/pages/index.aspx, or mailed to: Henry Gong San Francisco Sheriff’s Department SFSD City Hall, Room 456 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4676 2. P-590 (4-17) For hardcopy deliveries, Proposers shall submit five print copies (1 original and 4 copies) of the proposal and one copy, separately bound, of the required CMD Forms in a sealed envelope clearly labeled INCARCERATED PERSON COMMUNICATION SERVICES PROPOSAL, and include the RFP number to the above location. Proposals that are submitted by fax or email will not be accepted. Late submissions will not be considered. Page 5 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services 3. B. Additional requirements are found in Attachment 1, Section B (Instructions and Format). Format 1. Hardcopy a. Place proposals in three-ring binders for the review panel. Please use threehole recycled paper, print double-sided to the maximum extent practical, use recycled paper that is comprised at minimum of 30% post-consumer materials, and bind the proposal with a binder clip, rubber band, or single staple, or submit it in a three-ring binder. Please do not bind your proposal with a spiral binding, glued binding, or anything similar. You may use tabs or other separators within the document. b. For word processing documents, the Sheriff’s Department prefers that text be unjustified (i.e., with a ragged-right margin) and use a serif font (e.g., Times Roman, and not Arial), and that pages have margins of at least 1” on all sides (excluding headers and footers). c. Please include a Table of Contents. d. Additional requirements are found in Attachment 1, Section B (Instructions and Format). 2. Electronic C. a. Submit an electronic version of the proposal on a USB stick or via the City’s PeopleSoft bidding system at https://sfcitypartner.sfgov.org/pages//index.aspx. b. For word processing documents, the Sheriff’s Department prefers that text be unjustified (i.e., with a ragged-right margin) and use a serif font (e.g., Times Roman, and not Arial), and that pages have margins of at least 1” on all sides (excluding headers and footers). c. Please include a Table of Contents. d. The electronic version shall be in a searchable format and shall follow the order specified in Attachment 1, Section B.1 (Proposal Order). Nonsearchable documents may be considered non-compliant. Proposer is responsible for ensuring the electronic version and the chosen media are free from any viruses, malware or malicious code. Electronic versions so compromised will be considered non-compliant. e. Additional requirements are found in Attachment 1, Section B (Instructions and Format). Content Firms interested in responding to this RFP must submit the following information, in the order specified in Attachment 1, Section B.1 (Proposal Order). Proposers shall adhere to page lengths specified in Attachment 1, Section B.1 (Proposal Order). 1. Introduction and Executive Summary Submit a letter of introduction and an executive summary of the proposal. The letter must be signed by a person authorized by your firm to obligate your firm to perform the commitments contained in the proposal. Submission of the letter will constitute a P-590 (4-17) Page 6 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services representation by your firm that your firm is willing and able to perform the commitments contained in the proposal. This RFP document provides instructions for the RFP process. This RFP document also includes several sections and numbered items where Proposer must provide additional information or documentation as indicated. a. Proposer’s proposal shall follow the order specified in Attachment 1, Section B.1 (Proposal Order). Proposer’s proposal shall include the original RFP language where specified. The original text from each section and numbered requirement of the RFP document shall be inserted into Proposer’s proposal document to be immediately followed by a complete response provided by the Proposer. Please reference Appendix C - Proposal Response Outline Example. b. Proposer’s proposal shall include specified sections and numbered items in the RFP document that require additional explanation. Proposer shall provide specific, concise responses that fully address the question/information requested in that section. Include only those exhibits and/or images that are clearly relevant to the specific section and numbered item. c. If Proposer is in full compliance with the RFP section or requirement number set forth in Attachment 1, Proposer’s response shall be, “Read and Agree.” d. If Proposer’s response to the requirements set forth in Attachment 1 is not “Read and Agree”, the Proposer’s response shall be, “Read and Do Not Agree” and shall be considered an exception (“Exception”). Exceptions to any section or numbered requirement must be listed in Attachment 1, Section K (Exceptions to RFP). e. Attachment 1 – RFP Requirements. Attachment 1, Sections B through N includes specifications that require Proposer Response for Proposer to be considered. Proposer shall indicate whether Proposer will comply with the requirement, as written. Proposer shall specify, “Read and Agree” or “Read and Do Not Agree” in the PROPOSER RESPONSE space. Items answered with “Read and Do Not Agree” require a statement from the Proposer in the PROPOSER COMMENT space as to why the requirement cannot be met and an explanation of how the Proposer proposes to meet City’s needs without the required item. All statements where Proposer responded with “Read and Do Not Agree” must be listed in Attachment 1, Section K (Exceptions to RFP). Proposer comments will be evaluated in accordance with the Evaluation and Section Criteria of this RFP as well as Attachment 1, Section C (Evaluation & Selection and Section C.1 (Evaluation Criteria). 1) Section A - Proposer Instructions 2) Section B - Instructions & Format 3) Section B.1 - Proposal Order 4) Section C - Evaluation & Selection 5) Section C.1 - Evaluation Criteria 6) Section D - General Conditions 7) Section E - User Billing & Payments 8) Section F - Customer Service 9) Section G - General Installation Requirements 10) Section H - IPTS Requirements 11) Section I - Facility Specifications 12) Section J - Rates and Fees 13) Section K - Exceptions to RFP P-590 (4-17) Page 7 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services 14) 15) 16) f. Section L - Exceptions to P-600 Professional Service Agreement (4-19) Section M - Receipt of Addenda Section N - Pre-Proposal Conference Registration Form Appendix B – P-600 Professional Service Agreement (4-19). Proposer is required to review the standard agreement in its entirety and indicate any exceptions in Attachment 1, Section L (Exceptions to P-600 Professional Service Agreement), including an explanation of how the Proposer proposes to meet the Sheriff’s Department needs without the required item. g. The City shall propose an agreement resulting from this RFP, which shall incorporate Attachment 1 – RFP Requirements, Appendix B – P-600 Professional Service Agreement (4-19) and Proposer’s RFP response (“Agreement”). The terms of any agreement between the selected Proposer and the Department shall be subject to further negotiation and approval before the Sheriff’s Department may be legally bound thereby. If satisfactory negotiations with the selected Proposer cannot be negotiated in a reasonable time, the Sheriff’s Department may begin Agreement negotiations with the next Proposer. The awarded Proposer shall not unduly delay negotiations or execution of the Agreement. Proposer is expected to respond timely to the Sheriff’s Department’s requests. h. Additional format requirements are provided in Attachment 1, Section B (RFP Instructions & Format). 2. Project Approach Describe the services and activities that your firm proposes to the City, including the following information. a. Equipment and Installation Requirements 1) Specific Equipment and Installation requirements applicable to all systems are outlined in Attachment 1, Section G (General Installation Requirements). 2) Proposer shall submit a preliminary implementation plan, which shall include a proposed installation schedule for the Facilities for IPTS. 3) Proposer shall indicate any environmental conditions required for the proposed IPTS. Include minimum and maximum operating temperatures and humidity levels. 4) Proposer shall indicate the number of hours of back-up power that the provided UPS components supply to the IPTS. 5) Proposer shall indicate whether Proposer proposes any changes to Sheriff’s Department’s communications room at the Facilities. IPTS P-590 (4-17) 1) Specific IPTS Equipment and Installation requirements are outlined in Attachment 1, Section H (IPTS Requirements). 2) Proposer shall supply details of Proposer’s proposed IPTS which shall include, but not be limited to: system version (if Proposer uses multiple IPTS versions and/or releases), system design (centralized vs. premise based), technical specifications, software applications, hardware architecture and networking capabilities. Page 8 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services b. 3) Proposer shall include a diagram demonstrating the proposed IPTS solution. 4) Proposer must indicate the physical size of the IPTS equipment to be installed at the Facilities including information on height, depth, width, weight, abuse tolerances and any limitations. 5) Proposer shall include a description, as well as images, of the incarcerated person and visitation telephone sets, TDD and/or video relay service units, and cart/portable sets proposed for installation at the Facilities. Technology Features and User Applications IPTS 1) IPTS and User Application Specifications are outlined in Attachment 1, Section H (IPTS Requirements). 2) Proposer shall provide information on how the proposed IPTS is capable of recognizing and distinguishing standard or irregular busy signals, standard or irregular ringing signals, answering machines, digital voicemail, cellular telephones, ring-back tones, chain dialing. 3) Proposer shall provide a script of the call acceptance information provided to the called party. 4) Proposer shall indicate the number of times the IPTS plays the call acceptance information to the called party and whether the called party may interrupt the prompts by selecting a digit on the keypad. 5) The IPTS shall process calls on a selective trilingual basis in English, Spanish and Cantonese. Proposer shall indicate whether the called party (in addition to the incarcerated person) will be able to select the preferred language for call prompts. 6) For calls that are not completed, the IPTS shall play a recorded message to the incarcerated person detailing why the call was not completed. Proposer shall provide a list of the available recordings as well as a complete description of each. 7) Proposer shall specify if the IPTS can limit free calls per incarcerated person, within a specified number of hours, daily, weekly or monthly. Proposer shall list the ways in which rules for free calls can be assigned. 8) Proposer shall provide information on any security configurations available within the IPTS to prevent fraud relative to automated phone trees (e.g. incarcerated persons pressing digits and getting to a live operator). 9) Proposer shall provide detailed information on the frequency Proposer performs remote diagnostics and troubleshooting processes that shall include failure reports, alarms, service history and other steps taken. 10) The IPTS shall comply with the Americans with Disabilities Act (ADA) requirements including, but not limited to, providing telephones and video relay units, which are accessible to persons in wheelchairs and providing devices, including video relay units, which are compatible with Telephone Devices for the Deaf (TDD). a) b) P-590 (4-17) Proposer must indicate how the TDDs work with the proposed IPTS. Proposer shall provide detail on how TDD calls can be recorded and monitored via the IPTS. Page 9 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services c) d) c. Proposer shall provide detail relative to its capability to provide a Video Relay System (VRS) at no additional cost to the Sheriff’s Department. Proposer shall include information on any translation options associated with the VRS. Proposer shall provide detail on how call controls configured in the IPTS are preserved for calls placed using the VRS (e.g. branding, blocked telephone numbers). Security Features 1) IPTS Security Features requirements are specified in Attachment 1, Section G (General Installation Requirements). IPTS 1) Proposer shall provide a detailed explanation of the information displayed on the called party’s caller ID each time a call from the Facilities is placed (e.g. unknown number, Proposer’s City service number, dummy ANI). 2) Relative to Proposer’s fraud prevention feature, provide a list of the available pre-recorded announcements. Proposer shall describe its process for adjusting the duration of the call or excluding the pre-recorded announcements from the cost of a call. 3) Specify the method used by Proposer to detect three-way calls, specifically if the called party is utilizing a cell phone to place the three-way call. a) d. Upon detection of a three-way call, indicate whether the IPTS is capable of playing a message to the incarcerated person and/or the called party prior to terminating the call. Monitoring, Recording and Data Requirements 1) Proposer shall provide detailed information on its data storage locations, data redundancy practices, and the processes used when copying and storing all data. IPTS e. P-590 (4-17) 1) Monitoring, Recording and Data Requirements are outlined in Attachment 1, Section H (IPTS Requirements). 2) Proposer shall include detailed information on the IPTS alert application. The description shall include, at a minimum, the types of alerts available (cell phone, SMS text, email) and whether a security PIN for accessing the live call/visitation session is required. 3) Proposer shall provide a detailed description of the process for copying/exporting recordings. Include information on date/time stamps and how the IPTS prevents tampering with a recording. 4) Proposer shall describe its capabilities to allow authorized users of the IPTS application to share call recordings (single and bulk) without copying recordings onto a CD or other storage medium. 5) Provide a listing of all available file types for IPTS data including reports and recordings. Additional Technology Page 10 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services Sheriff’s Department is interested in additional technology products that the Proposer can provide as part of the Proposer’s proposal offering for this RFP. At its sole option, Sheriff’s Department may elect to implement any proposed Additional Technologies throughout the life of the Agreement by way of Amendment. If Proposer is interested in providing information for additional technology products, it should supply information regarding each item listed below as indicated: 1) Video Visitation System (VVS) (to be included in the fixed cost proposal): Proposer shall describe its VVS feature, which shall provide both incarcerated persons and external users with onsite and remote video visits. a) Proposer shall supply details of Proposer’s proposed optional VVS, which shall include, but not be limited to: hardware components, operating system, default applications, power options, proposed cabling, and bandwidth parameters. b) Proposer shall include a description, as well as images, of the proposed video visitation stations proposed for installation at the Facilities. c) Proposer shall detail any unique or distinctive features regarding the proposed VVS, including the capability for the incarcerated person to initiate video visitation sessions. If Proposer does not have the capability for the incarcerated person to initiate video visitations sessions, provide information on Proposer’s research and development progress. d) Proposer shall list the requirements for a visitor to complete remote video visitation sessions, including but not limited to minimum bandwidth, equipment, software, browser type. e) Proposer shall specify its proposed process for providing information on upcoming video visits, including reports available in the VVS user application. f) Proposer shall provide a list of all available reports in the optional VVS user application. g) Proposer shall describe security features of the proposed VVS, including capabilities to capture the visitor’s photo or identification automatically, verify the visitor’s identity, run a warrant search on the visitor, create automated/custom restrictions. h) Proposer shall describe all methods for visitors to register and schedule a video visit. i) Proposer shall describe City’s options for both manual and automatic approval of video visits. j) Proposer shall describe if the proposed VVS scheduling software can also accommodate standard in-person visits. If so, Proposer shall describe its visitation scheduling platform to be used by City for standard in-person visits. k) Proposer shall describe City’s options for live VVS monitoring and playbacks of video visits. l) Proposer must provide 2 references of facilities where this feature has been implemented for at least 6 months. m) Proposer shall include its costs for VVS within the IPTS Price Proposal as described in Attachment 1 – RFP Requirements, Section J (Rates & Fees). 2) Automated Information Technology System (AITS) (to be included in the fixed cost proposal): Proposer shall describe its AITS feature, which shall provide both incarcerated persons and external users with information relative to the facility or to a specific incarcerated person. P-590 (4-17) Page 11 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services a) Proposer must provide 2 references of facilities where this feature has been implemented for at least 6 months. 3) Cell phone detection (to be included in the fixed cost proposal): Proposer must provide an overview of both mobile and stationary cell phone detection technology a) Proposer must provide 2 references of facilities where this feature has been implemented for at least 6 months. 4) Identity Detection Technology (Beyond Voice Biometrics and Face Recognition Technology) (to be included in the fixed cost proposal): Proposer must provide an overview of incarcerated person identity detection technologies available from the Proposer, beyond or superseding voice biometrics. a) Proposer must provide 2 references of facilities where this feature has been implemented for at least 6 months. 3. Firm Qualifications Provide information on your firm’s background and qualifications which address the following: a. Proposer Information 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) b. Disaster Recovery Plan 1) P-590 (4-17) Name, address and telephone number of a contact person for this RFP response. Documentation that Proposer is registered to do business in the state of California. Documentation that all necessary requirements of the Federal Communications Commission (FCC) and BSCC Title 15 (Minimum Standards for Local Detention Facilities) for the IPTS are met. A copy of Proposer’s telecommunications service tariff, for the IPTS, for the state of California. Proposer’s current annual report and its 2 most recent Dun and Bradstreet or similar reports. If Proposer has operated under a different name, or affiliate, in the past 3 years, provide names, dates, addresses and state where incorporated. If Proposer has participated in an acquisition or merger in the last 6 months, provide information about the acquiring company or the company to be acquired and information regarding the stage of negotiations. A synopsis of any and all incarcerated person telephone RFP and/or contract related protests in within the last 3 years. Include location and outcome of the protest. A response indicating this information is confidential and/or proprietary will be considered an Exception. A synopsis of any and all litigation(s) within the last 5 years where Proposer or Proposer’s IPTS is a party. Include venue, style of case and status of litigation. Provide information on your firm’s background and qualifications which includes a brief description of your firm as well as how any joint venture or association would be structured. Proposer shall detail its Disaster Recovery Plan (DRP). This plan should provide the Proposer processes, policies and procedures relating to the Page 12 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services recovery of services and data requirements as specified in this RFP preceding and/or following a natural or human-induced disaster. a) The DRP shall address the Proposer’s recovery processes following a natural or human-induced disaster for these scenarios. i. A localized event affecting only the Proposer’s facilities, infrastructure, and personnel; ii. A localized affecting only the Sheriff’s Department’s facilities, infrastructure, and personnel; and iii. A broad geographic event affecting both the Proposer and the Sheriff’s Department. c. Customer Service 1. Provide the following information regarding Proposer’s processes for handling incarcerated person/end-user service matters for the IPTS specified in this RFP. a) b) c) d) e) d. Maintenance 1) 2) 3) 4) P-590 (4-17) Describe procedure(s) for handling incarcerated person/end-user complaints including the contact options available for end-users to request assistance from Proposer; Indicate whether Proposer’s customer service center defaults to an Interactive Voice Response (IVR) or a live customer service representative; The hours during which live customer service representatives are available to speak with end-users via telephone; Indicate the average on-hold time to reach a live representative; and Describe procedure(s) for handling incarcerated person or end-user refund requests and the timeframe for completing such requests. Proposer shall provide Sheriff’s Department with the escalation procedures for handling customer support issues including, but not limited to, maintenance, outages and reporting issues for the IPTS. Procedure description shall include the contact names, contact numbers, email addresses and level of authority for the person(s) responsible for escalated issues. Proposer shall provide the on-site response time, priority levels and escalation schedule for emergency outage/service issues at and/or related to the Facilities as an exhibit to its RFP response and as outlined in Attachment 1, Section B.1 (Proposal Order). Proposer shall describe its detailed approach to routine and emergency maintenance as an exhibit to its RFP response and as outlined in Attachment 1, Section B.1 (Proposal Order). Proposer shall provide a synopsis of all IPTS outages lasting longer than 6 hours in a single day for the past 6 months. Include reason and outcome of the outage. a. A response indicating this information is confidential and/or proprietary will be considered an Exception. 4. Team Qualifications a. Proposer shall provide the names of Proposer’s employees, consultants, and subcontractors that will be involved in providing the requirements in this RFP and the Agreement using format of the table below. Provide a list identifying: (1) each Page 13 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services key person on the project team, (2) the project manager, (3) the role each will play in the project, Proposer may add additional rows to the table as necessary. b. Proposer shall include a written assurance that the key individuals listed and identified will be performing the work and will not be substituted with other personnel or reassigned to another project without the Sheriff’s Department’s prior approval. c. Proposer shall supply resumes for all employees, consultants and subcontractors that will be working under the terms of this RFP and Agreement. There is no limit on the Technician Name Company Location (Address, City, State) Contact Phone Number Proximity (In Miles) number of resumes that the Proposer may submit. Resumes shall be included in Proposer’s proposal as indicated in Attachment 1, Section B.1 (Proposal Order). d. e. All resumes shall be no more than 2 pages and include the following information. 1) Each shall contain the name, position, qualifications, certifications, years of experience, and educational background information. 2) The amount of time that the individual will devote to work related to the requirements outlined in this RFP. Indicate clearly whether the given response is being expressed in hours per month or a percentage of time per month. 3) Two related, past performance references for projects of comparable size and complexity where the team member has performed duties similar to the ones outlined in this RFP. a) Proposer must include a contact name, number and email address of someone who has knowledge of the team member’s work for that project. 4) Work experience for no more than the last 10 years. List relevant current/recent work experience, employers, dates and duties in reverse chronological order. Proposer shall provide information regarding maintenance personnel for the IPTS using the format provided in the table below. 1) Indicate the number of technicians directly employed by Proposer as well as the number of technicians that will be subcontracted for service at the Facilities. 2) Indicate the names, company, primary physical work location, telephone numbers, and proximity to the Facilities for the technicians that will be maintaining, servicing and performing work under the Agreement. 3) 5. P-590 (4-17) Proposer shall disclose, with percentages clearly shown, the specific work tasks for the Facilities that will be subcontracted and the specific work tasks that will be performed by Proposer employees. References Page 14 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services Provide references for the projects that comprise your minimum qualifications. Proposer’s references will be used to confirm and verify that proposer has met the minimum qualifications. By including these references, proposers are representing that the references are familiar with proposer’s work and experience, and references will be truthful in any representations. a. b. c. d. e. Provide a list of agreements not renewed, lost or prematurely cancelled in the last 5 years. 1) If applicable, include the reason for non-renewal and/or cancellation(s) of the agreement(s). A response indicating this information is confidential and/or proprietary will be considered an exception. Provide a list of clients/agencies who have notified Proposer of unauthorized fees/charges, overbillings or revenue share owed within the last 3 years and the status of resolution of those claims. 1) A response indicating this information is not monitored, confidential and/or proprietary will be considered an Exception. Provide 3 client references for facilities where Proposer provides the equipment and services comparable to the requirements in this RFP. 1) References provided must be currently under contract with Proposer and have been operating under that contract for at least 6 months. 2) Proposer shall ensure updated references and accurate contact information is provided. References may be contacted at any time during the RFP. Using the format in the table below, provide the requested information for each reference. City Name: Contact Person and Title: Telephone Number(s): Email Address: City, State: Number of Facilities: ADP: Agreement Effective Date: Total Number of Incarcerated Person Phones: Total Number Visitation Phones: Portion of Free Calls via IPTS: P-590 (4-17) Page 15 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services 6. Price Proposal The City intends to award this contract to the firm that it considers will provide the best overall program services. The City reserves the right to accept other than the lowest priced offer and to reject any proposals that are not responsive to this request. Using Attachment 1 – Section J (Rates and Fees) please provide the price proposal in a separate electronic folder or sealed envelope with your proposal submission. The City will only select one Price Proposal Option to score, either a) Fixed Annual Cost or b) Lease Cost option. a. b. 7. In Option 1, Proposer shall: 1) Propose a fixed annual cost amount that shall be payable by City in equal monthly increments covering the scope of the RFP asscoated with the IPTS. In Option 2, Proposer shall: 1) Propose a flat per-incarcerated person telephone lease fee that shall be payable by City on a per station basis covering the scope of the RFP associated with the IPTS. The per-incarcerated person telephone lease rate shall be applied to new incarcerated person telephone installations. Certification of Headquarters in Accordance with Administrative Code Chapter 12X. Proposals should contain the following statement: “I certify that my company is headquartered at the following address: ____________________________________________________________ I will notify the San Francisco Sheriff’s Department if my company's headquarters moves.” The required statement is found at the bottom of Attachment 1 – Section J (Rates and Fees). Proposers should enter the address of their company’s headquarters and sign under the form. Failure to sign this statement may be cause for disqualification. IV. Evaluation and Selection Criteria A. Minimum Qualifications Proposals should clearly demonstrate that the qualifications are met. Insufficient or incomplete information may result in a proposal being considered non-responsive and may not be eligible for award of the contract. If required information is complete, but City determines that the Proposer does not meet minimum qualifications, proposer may be deemed non-responsible. 1. Proposer must complete and submit Attachment 1 – RFP Requirements (Sections A through N) in its entirety. Proposers may include exceptions to the RFP Requirements per Attachment 1 – Section K. Exceptions to the RFP. 2. Proposer must currently manage and operate IPTS with a minimum annual incarcerated person population of 1,300 incarcerated persons or process over 900,000 IPTS minutes of use per month. P-590 (4-17) Page 16 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services B. 3. Proposer warrants the possession of all licenses and/or permits required by the laws and regulations of the United States, the State of California and the Sheriff’s Department to provide the sought services. 4. Proposer must attend the Mandatory Pre-Proposal Conference and Facility tours. 5. Proposer must be a City-approved vendor by the time of Agreement award. 6. Proposer shall comply with free calls and no fees for the IPTS. Selection Criteria The proposals will be evaluated by a selection committee comprised of parties with expertise incarcerated person communications services. The City intends to evaluate the proposals generally in accordance with the criteria itemized in Attachment 1, Section C.1 (Evaluation Criteria). Further information on the proposal evaluation and selection process is covered in Attachment 1, Section C (Evaluation and Selection). P-590 (4-17) Page 17 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services 1. Overall Evaluation Process The evaluation process will consist of the phases specified below as well as in Attachment 1, Section C.1 (Evaluation Criteria). Evaluation Phase Maximum Points Screening of Minimum Qualifications Pass/Fail Written Proposal (Project Approach, Firm Qualifications, Team Qualifications, References) Attachment 1 – Price Proposal (Including BAFO) Attachment 1 – Section C.1 - (55 points) Section C.1 – (40 points) Attachment 1 – Oral Interview Section C.1 – (5 Points) TOTAL 100 points Screening of Minimum Qualifications Each proposal will be reviewed for initial determinations on whether Proposer meets minimum qualifications referenced in Section IV, Part A (Minimum Qualifications) of this RFP. Proposals will not be scored during the screening of Minimum Qualifications. This screening is simply a pass or fail determination as to whether the proposer has met the minimum qualifications. A proposal that fails to meet the minimum qualifications will not be eligible for consideration in the evaluation process. The City reserves the right to request clarifications from proposers prior to rejecting a proposal for failure to meet the minimum qualifications. Clarifications are limited exchanges between the City and Proposer for the purpose of clarifying certain aspects of the proposal and will not provide a proposer the opportunity to revise or modify its proposals. Only proposals that meet the minimum qualifications can proceed to the next evaluation phases. Written Proposal Evaluation The proposals will be evaluated by a selection committee comprised of parties with expertise in the needed services. The City intends to evaluate the proposals generally in accordance with the criteria itemized in Attachment 1, Section C.1. (Evaluation Criteria). Price Proposal: The City intends to award this contract to the firm that it considers will provide the best overall services. The City reserves the right to accept other than the lowest priced offer and to reject any proposals that are not responsive to this request. The Price Proposal score will be determined by the equation below and will be based on the total price proposal. The City will only select one Price Proposal Option to score, either a) Fixed Cost or b) Lease Cost option. P-590 (4-17) Page 18 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services Score = (Lowest Proposed price / Proposer’s price) x (max Price points possible). Oral Interview Following the evaluation of the written proposals, the 3 proposers receiving the highest scores may be invited to an oral interview. The interview will consist of a presentation of the proposed IPTS with a sample of the proposed phone equipment and standard questions asked of each of the 3 proposers. Following the evaluation of the written proposals and price proposals, both scores will then be tabulated and proposers will be ranked starting with the proposer receiving the highest score, then continuing with the proposer receiving the second highest score, and so on. The 3 proposers receiving the highest scores will be invited to an oral interview. The City will determine the format and the scoring criteria to be used during the interview. The interview will consist of either or both standard questions asked of each of the proposers, and may include questions of clarification for specific proposals. The selection panel will evaluate each proposer based on their presentation and/or responses. After the oral interview, the City will combine all scores, rank the proposers and select the highest ranked proposer to enter into agreement with. V. Pre-proposal Conference and Agreement award A. Pre-Proposal Conference Proposers are required to attend a mandatory pre-proposal conference on the date and time specified in Section I, Part B (Schedule of Events), Table 1 (Anticipated Schedule) of this RFP. The pre-proposal conference will be held at County Jail #1 – Lobby Conference Room, 425 7th St., San Francisco, CA 94103, followed by a tour of downtown Facilities (CJ #1, CJ #2, CJ #4) and CJ #5 in San Bruno. Proposer should plan to be involved in the pre-proposal conference for a minimum of 5 hours. All questions will be addressed at this conference and any available new information will be provided at that time. If you have further questions regarding the RFP, please contact the individual designated in Section VI. Part B. To attend the pre-proposal conference, Proposer must complete and email Attachment 1, Section N (Pre-Proposal Conference Registration Form) to the RFP contact specified in this RFP on or before the date specified in Section I, Part B (Schedule of Events) of this RFP. Each Proposer will be limited to 2 representatives at the site evaluation. Proposer must confirm attendance via email to the RFP contact at least 3 days prior to the site evaluation. This will be the only time available for Proposer to visit the Facilities during the RFP process. Oral responses to questions during the site evaluation shall be considered nonbinding on City. Proposer’s questions regarding the pre-proposal conference and/or this RFP must be submitted by Proposer in writing as specified herein on or before the date specified in Section I, Part B (Schedule of Events) of this RFP. Question and Answer Period Proposers shall submit all questions concerning this Request for Proposal in writing by email only during the Question and Answer Period, ending on or before the date specified in Section I, Part B (Schedule of Events) of this RFP. Questions and Answers will be posted publically. All questions concerning the RFP or process shall be submitted no later than 72-hours prior to the proposal deadline. Questions should include the RFP section number title, subsection and page of the corresponding RFP document. Henry Gong P-590 (4-17) Page 19 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services San Francisco Sheriff’s Department Finance 1 Dr. Carlton B. Goodlett Place Room 456, City Hall San Francisco, CA 94102 henry.gong@sfgov.org Please reference RFP No. SHF 2019-11 The Pre-Proposal Conference will begin at the time specified, and company representatives are urged to arrive on time. Topics already covered will not be repeated for the benefit of late arrivals. Failure to attend the pre-bid conference shall not excuse the successful Proposer from any obligations of the contract. Written Bid Addendum will execute any change or addition to the requirements contained in this RFP, as a result of the Pre-Proposal Conference. It is the responsibility of the Proposer to check for any RFP Addendums, Q&A postings, and other updates which will be posted on the County/City’s Events and Bid website: https://sfcitypartner.sfgov.org/pages/index.aspx B. Agreement Award The Sheriff’s Department will select a proposer with whom the Sheriff’s Department staff or Sheriff’s Department’s Designated Agent shall commence Agreement negotiations. The selection of any proposal shall not imply acceptance by the Sheriff’s Department of all terms of the proposal, which may be subject to further negotiations and approvals before the Sheriff’s Department may be legally bound thereby. If a satisfactory Agreement cannot be negotiated in a reasonable time the Sheriff’s Department in its sole discretion, may terminate negotiations with the highest ranked proposer and begin contract negotiations with the next highest ranked proposer. Additional details surrounding Agreement selection and award can be found in Attachment 1, Section C (Evaluation and Selection). VI. Terms and Conditions for Receipt of Proposals A. Errors and Omissions in RFP Proposers are responsible for reviewing all portions of this RFP. Proposers are to promptly notify City, in writing, if the proposer discovers any ambiguity, discrepancy, omission, or other error in the RFP. Any such notification should be directed to City promptly after discovery, but in no event later than 72hours prior to the date that proposals are due. Modifications and clarifications will be made by addenda as provided below. B. Inquiries Regarding RFP Proposers shall submit all questions concerning this RFP scope of services or requirements in writing by email only during the Question and Answer Period as specified in Section I, Part B (Schedule of Events), Table 1 (Anticipated Schedule) of this RFP and directed to: henry.gong@sfgov.org. All Proposer questions concerning the bid process shall be submitted no later than the date and time specified in the Section I, Part B (Schedule of Events), Table 1 (Anticipated Schedule) of this RFP. Proposers who fail to do so will waive all further rights to protest, based on these specifications and conditions. C. Objections to RFP Terms Should a proposer object on any ground to any provision or legal requirement set forth in this RFP, the proposer must, not less than 72-hours prior to the RFP deadline, provide written notice to City setting P-590 (4-17) Page 20 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services forth with specificity the grounds for the objection. The failure of a proposer to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection. All Exceptions or Objections to the RFP must be noted in Attachment 1, Section K (Exceptions to RFP). D. Change Notices The Sheriff’s Department may modify the RFP, prior to the proposal due date, by issuing an Addendum to the RFP, which will be posted on the website. The proposer shall be responsible for ensuring that its proposal reflects any and all Bid Addendum(s) issued by City prior to the proposal due date regardless of when the proposal is submitted. Therefore, City recommends that the Proposer consult the website frequently, including shortly before the proposal due date, to determine if the proposer has downloaded all Bid Addendum(s). It is the responsibility of the proposer to check for any Addendum, Questions and Answers, and updates, which will be posted on the City’s Events and Bid website: https://sfcitypartner.sfgov.org/pages/index.aspx E. Term of Proposal Submission of a proposal signifies that the proposed services and prices are valid for 180 calendar days from the proposal due date and that the quoted prices are genuine and not the result of collusion or any other anti-competitive activity. At Proposer’s election, the proposal may remain valid beyond the 180-day period in the circumstance of extended negotiations. F. Revision of Proposal A proposer may revise a proposal on the proposer’s own initiative at any time before the deadline for submission of proposals. The proposer must submit the revised proposal in the same manner as the original. A revised proposal must be received on or before, but no later than the proposal due date and time. In no case will a statement of intent to submit a revised proposal, or commencement of a revision process, extend the proposal due date for any proposer. At any time during the proposal evaluation process, City may require a proposer to provide oral or written clarification of its proposal. City reserves the right to make an award without further clarifications of proposals received. G. Errors and Omissions in Proposal Failure by City to object to an error, omission, or deviation in the proposal will in no way modify the RFP or excuse the vendor from full compliance with the specifications of the RFP or any contract awarded pursuant to the RFP. H. Financial Responsibility City accepts no financial responsibility for any costs incurred by a firm in responding to this RFP. Submissions of the RFP will become the property of the City and may be used by the City in any way deemed appropriate. I. Proposer’s Obligations under the Campaign Reform Ordinance Proposers must comply with Section 1.126 of the S.F. Campaign and Governmental Conduct Code, which states: “No person who contracts with the City and County of San Francisco for the rendition of personal services, for the furnishing of any material, supplies or equipment to the City, or for selling any land or building to the City, whenever such transaction would require approval by a City elective officer, or the P-590 (4-17) Page 21 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services board on which that City elective officer serves, shall make any contribution to such an officer, or candidates for such an office, or committee controlled by such officer or candidate at any time between commencement of negotiations and the later of either (1) the termination of negotiations for such contract, or (2) three months have elapsed from the date the contract is approved by the City elective officer or the board on which that City elective officer serves.” If a proposer is negotiating for a contract that must be approved by an elected local officer or the board on which that officer serves, during the negotiation period the proposer is prohibited from making contributions to: The officer’s re-election campaign; A candidate for that officer’s office; and/or A committee controlled by the officer or candidate. The negotiation period begins with the first point of contact, either by telephone, in person, or in writing, when a contractor approaches any city officer or employee about a particular contract, or a city officer or employee initiates communication with a potential contractor about a contract. The negotiation period ends when a contract is awarded or not awarded to the contractor. Examples of initial contacts include: (1) a vendor contacts a city officer or employee to promote himself or herself as a candidate for a contract; and (2) city officer or employee contacts a contractor to propose that the contractor apply for a contract. Inquiries for information about a particular contract, requests for documents relating to a request for proposal, and requests to be placed on a mailing list do not constitute negotiations. Violation of Section 1.126 may result in the following criminal, civil, or administrative penalties: 1. Criminal. Any person who knowingly or willfully violates section 1.126 is subject to a fine of up to $5,000 and a jail term of not more than six months, or both. 2. Civil. Any person who intentionally or negligently violates section 1.126 may be held liable in a civil action brought by the civil prosecutor for an amount up to $5,000. 3. Administrative. Any person who intentionally or negligently violates section 1.126 may be held liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter for an amount up to $5,000 for each violation. For further information, proposers should contact the San Francisco Ethics Commission at (415) 581-2300. J. Sunshine Ordinance In accordance with S.F. Administrative Code Section 67.24(e), contractors’ bids, responses to RFPs and all other records of communications between the City and persons or firms seeking contracts shall be open to inspection immediately after a contract has been awarded. Nothing in this provision requires the disclosure of a private person’s or organization’s net worth or other proprietary financial data submitted for qualification for a contract or other benefits until and unless that person or organization is awarded the contract or benefit. Information provided which is covered by this paragraph will be made available to the public upon request. K. Public Access to Meetings and Records If a proposer is a non-profit entity that receives a cumulative total per year of at least $250,000 in City funds or City-administered funds and is a non-profit organization as defined in Chapter 12L of the S.F. Administrative Code, the proposer must comply with Chapter 12L. The proposer must include in its proposal (1) a statement describing its efforts to comply with the Chapter 12L provisions regarding public access to proposer’s meetings and records, and (2) a summary of all complaints concerning the proposer’s compliance with Chapter 12L that were filed with the City in the last two years and deemed by the City to be substantiated. The summary shall also describe the disposition of each complaint. If no such complaints were filed, the proposer shall include a statement to that effect. Failure to comply with the reporting requirements of Chapter 12L or material misrepresentation in proposer’s Chapter 12L P-590 (4-17) Page 22 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services submissions shall be grounds for rejection of the proposal and/or termination of any subsequent Agreement reached on the basis of the proposal. L. Reservations of Rights by the City The issuance of this RFP does not constitute an agreement by the City that any contract will actually be entered into by the City. The City expressly reserves the right at any time to: 1. Waive or correct any defect or informality in any response, proposal, or proposal procedure; 2. Reject any or all proposals; 3. Reissue a Request for Proposals; 4. Prior to submission deadline for proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the proposals; 5. Procure any materials, equipment or services specified in this RFP by any other means; or 6. Determine that no project will be pursued. M. No Waiver No waiver by the City of any provision of this RFP shall be implied from any failure by the City to recognize or take action on account of any failure by a proposer to observe any provision of this RFP. N. Local Business Enterprise Goals and Outreach The requirements of the Local Business Enterprise and Non-Discrimination in Contracting Ordinance set forth in Chapter 14B of the San Francisco Administrative Code as it now exists or as it may be amended in the future (collectively the “LBE Ordinance”) shall apply to this RFP. Each solicitation process requires a new submittal of CMD Attachment 3 forms at the following link, located under the heading “Attachment 3: General Services Contracts”: http://www.sfgsa.org/index.aspx?page=6135 1) 2) 3) 4) 5) Form 2A-CMD Contract Participation Form Form 2B- CMD “Good Faith Outreach” Requirements Form Form 3- CMD Non-Discrimination Affidavit Form 4- CMD Joint Venture Form (if applicable), and Form 5- CMD Employment Form Please submit Forms 2A, 2B, 3 and 5 (and Form 4 if Joint Venture response) with your Response Package. The forms should be part of the “Original” of your response. The forms should have original signatures. If these forms are not returned with the response, the response may be determined to be nonresponsive and may be rejected. A. Local Business Enterprise Goals and Outreach The requirements of the Local Business Enterprise (LBE) and Non-Discrimination in Contracting Ordinance set forth in Chapter 14B of the S.F. Administrative Code as it now exists or as it may be amended in the future (collectively the “LBE Ordinance”) shall apply to this solicitation. More information regarding these requirements can be found at: http://www.sfgov.org/cmd B. P-590 (4-17) LBE Sub-consultant Participation Requirement Page 23 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services Please refer to San Francisco Administrative Code Chapter 14B and CMD Attachment 2 for information concerning the City's LBE program. The LBE sub-consulting goal % of the total value of the goods and/or services to be procured will be provided at the pre-proposal conference. Sub-consulting goals can only be met with CMD-certified Small or Micro-LBEs located in San Francisco. C. Link to LBE Sub-consultant Directory This link takes you to a directory of current Local Business Enterprises: http://mission.sfgov.org/hrc_certification/ D. Good Faith Outreach to Select LBE Sub-consultants Each firm responding to this solicitation shall demonstrate in its response that it has used goodfaith outreach to select LBE sub-consultants as set forth in S.F. Administrative Code §§14B.8 and 14B.9, and shall identify the particular LBE sub-consultants solicited and selected to be used in performing the contract. For each LBE identified as a subcontractor, the response must specify the value of the participation as a percentage of the total value of the goods and/or services to be procured, the type of work to be performed, and such information as may reasonably be required to determine the responsiveness of the response. LBEs identified as sub-consultants must be certified with the Contract Monitoring Division at the time the response is due, and must have been contacted by the (prime contractor) prior to listing them as subcontractors in the response. Any response that does not meet the requirements of this paragraph will be non-responsive. E. Documentation of Good Faith Outreach Efforts In addition to demonstrating that it will achieve the level of sub-consulting participation required by the contract, a Respondent shall also undertake and document in its submittal the good faith efforts required by Chapter 14B.8(C) & (D) and CMD Attachment 2, Requirements for Architecture, Engineering and Professional Services Contracts. Responses which fail to comply with the material requirements of S.F. Administrative Code §§14B.8 and 14B.9, CMD Attachment 2 and this solicitation will be deemed non-responsive and will be rejected. During the term of the contract, any failure to comply with the level of LBE sub-consultant participation specified in the contract shall be deemed a material breach of contract. Note: If Respondent meets/exceeds LBE participation by 35% (i.e. 31.05% LBE participation for this contract), Good Faith Outreach documentation is not required. F. LBE Participation and Rating Bonuses The City strongly encourages responses from qualified LBEs. Pursuant to Chapter 14B, the following rating bonuses will be in effect for the award of this project for any Respondents who are certified as a Small or Micro-LBE, or joint ventures where the joint venture partners are in the same discipline and have the specific levels of participation as identified below. Certification applications may be obtained by calling (415) 581-2310. The rating bonus applies at each phase of the selection process. The application of the rating bonus is as follows: a) A 10% bonus to a Small or Micro LBE—including Non-Profit; or a joint venture between or among LBEs; or b) A 5% bonus to a joint venture with LBE participation that equals or exceeds 35%, but is under 40%; c) A 7.5% bonus to a joint venture with LBE participation that equals or exceeds 40%; P-590 (4-17) Page 24 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services Joint Venture Rating Bonus If applying for a rating bonus as a joint venture, the LBE must be an active partner in the joint venture and perform work, manage the job and take financial risks in proportion to the required level of participation stated in the response, and must be responsible for a clearly defined portion of the work to be performed and share in the ownership, control, management responsibilities, risks, and profits of the joint venture. The portion of the LBE joint venture’s work shall be set forth in detail separately from the work to be performed by the non-LBE joint venture partner. The LBE joint venture’s portion of the contract must be assigned a commercially useful function. G. Application of the Rating bonus: The following rating bonus/bid discount shall apply at each stage of the selection process, i.e., qualifications, proposals, and interviews: a) b) c) Contracts with an Estimated Cost in Excess of $10,000 and Less Than or Equal To $400,000. A 10% rating bonus/bid discount will apply to any proposal submitted by a CMD-Certified Small or Micro-LBE. Proposals submitted by SBA-LBEs are not eligible for a rating bonus/bid discount. Contracts with an Estimated Cost in Excess of $400,000 and Less Than or Equal To $10,000,000. A 10% rating bonus/bid discount will apply to any proposal submitted by a CMD-Certified Small or Micro-LBE. Pursuant to Section 14B.7(E), a 5% rating bonus/bid discount will be applied to any proposal from an SBA-LBE, except that the 5% rating bonus/bid discount shall not be applied at any stage if it would adversely affect a Small or Micro-LBE. Contracts with an Estimated Cost In Excess of $10,000,000 and Less Than or Equal To $20,000,000. A 2% rating bonus/bid discount will apply to any proposal submitted by a Small LBE, Micro LBE and SBA-LBE. C. The rating bonus/bid discount does not apply for contracts estimated by the Contract Awarding Authority to exceed $20 million. H. CMD Contact If you have any questions concerning the CMD Forms and to ensure that your response is not rejected for failing to comply with S.F. Administrative Code Chapter 14B requirements, please call the Contract Monitoring Division (CMD) at (415) 581-2310. The forms will be reviewed prior to the evaluation process. VII. Contract Requirements A. Standard Contract Provisions The successful proposer will be required to enter into a contract substantially in the form of the Agreement for Professional Services, attached hereto as Appendix B. Failure to timely execute the contract, or to furnish any and all insurance certificates and policy endorsement, surety bonds or other materials required in the contract, shall be deemed an abandonment of a contract offer. The City, in its sole discretion, may select another firm and may proceed against the original selectee for damages. B. Nondiscrimination in Contracts and Benefits The successful proposer will be required to agree to comply fully with and be bound by the provisions of Chapters 12B and 12C of the San Francisco Administrative Code. Generally, Chapter 12B prohibits the City and County of San Francisco from entering into contracts or leases with any entity that discriminates in the provision of benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of employees. The Chapter 12C requires nondiscrimination in contracts in public accommodation. Additional information on Chapters 12B and 12C is available on the CMD’s website at http://sfgov.org/cmd/. P-590 (4-17) Page 25 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services C. Minimum Compensation Ordinance (MCO) The successful proposer will be required to agree to comply fully with and be bound by the provisions of the Minimum Compensation Ordinance (MCO), as set forth in S.F. Administrative Code Chapter 12P. Generally, this Ordinance requires contractors to provide employees covered by the Ordinance who do work funded under the contract with hourly gross compensation and paid and unpaid time off that meet certain minimum requirements. For the amount of hourly gross compensation currently required under the MCO, see www.sfgov.org/olse/mco. Note that this hourly rate may increase on January 1 of each year and that contractors will be required to pay any such increases to covered employees during the term of the contract. Additional information regarding the MCO is available on the web at www.sfgov.org/olse/mco. D. Health Care Accountability Ordinance (HCAO) The successful proposer will be required to agree to comply fully with and be bound by the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in S.F. Administrative Code Chapter 12Q. Contractors should consult the San Francisco Administrative Code to determine their compliance obligations under this chapter. Additional information regarding the HCAO is available on the web at www.sfgov.org/olse/hcao. E. First Source Hiring Program (FSHP) If the contract is for more than $50,000, then the First Source Hiring Program (Admin. Code Chapter 83) may apply. Generally, this ordinance requires contractors to notify the First Source Hiring Program of available entry-level jobs and provide the Workforce Development System with the first opportunity to refer qualified individuals for employment. Contractors should consult the San Francisco Administrative Code to determine their compliance obligations under this chapter. Additional information regarding the FSHP is available on the web at http://oewd.org/first-sourceand from the First Source Hiring Administrator, (415) 701-4848. F. Conflicts of Interest The successful proposer will be required to agree to comply fully with and be bound by the applicable provisions of state and local laws related to conflicts of interest, including Section 15.103 of the City's Charter, Article III, Chapter 2 of City’s Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California. The successful proposer will be required to acknowledge that it is familiar with these laws; certify that it does not know of any facts that constitute a violation of said provisions; and agree to immediately notify the City if it becomes aware of any such fact during the term of the Agreement. Individuals who will perform work for the City on behalf of the successful proposer might be deemed consultants under state and local conflict of interest laws. If so, such individuals will be required to submit a Statement of Economic Interests, California Fair Political Practices Commission Form 700, to the City within ten calendar days of the City notifying the successful proposer that the City has selected the proposer. VIII. Protest Procedures A. Protest of Non-Responsiveness Determination Within five working days of the City's issuance of a notice of non-responsiveness, any firm that has submitted a proposal and believes that the City has incorrectly determined that its proposal is non-responsive may submit a written notice of protest. Such notice of protest must be received by the City on or before the fifth working day following the City's issuance of the notice of non-responsiveness. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the proposer, and must cite the law, rule, local ordinance, P-590 (4-17) Page 26 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the City to determine the validity of the protest. B. Protest of Non-Responsible Determination Within five working days of the City's issuance of a notice of a determination of non-responsibility, a vendor that would otherwise be the lowest responsive proposer may submit a written notice of protest. The vendor will be notified of any evidence reflecting upon their responsibility received from others or adduced as a result of independent investigation. The Proposer will be afforded an opportunity to rebut such adverse evidence, and will be permitted to present evidence that they are qualified to perform the contract. Such notice of protest must be received by the City on or before the fifth working day following the City's issuance of the notice of non-responsibility. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the proposer, and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the City to determine the validity of the protest. C. Protest of Contract Award Within five working days of the City's issuance of a notice of intent to award the contract, any firm that has submitted a responsive proposal and believes that the City has incorrectly selected another proposer for award may submit a written notice of protest. Such notice of protest must be received by the City on or before the fifth working day after the City's issuance of the notice of intent to award. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the proposer, and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the City to determine the validity of the protest. D. Delivery of Protests All protests must be received by the due date. If a protest is mailed, the protestor bears the risk of nondelivery within the deadlines specified herein. Protests should be transmitted by a means that will objectively establish the date the City received the protest. Protests or notice of protests made orally (e.g., by telephone) will not be considered. Protests must be delivered to: Henry Gong San Francisco Sheriff’s Department Finance 1 Dr. Carlton B. Goodlett Place Room 456, City Hall San Francisco, CA 94102 henry.gong@sfgov.org P-590 (4-17) Page 27 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services Appendix A Standard Forms i. How to become Eligible to Do Business with the City: Before the City can award any contract to a contractor, all vendors must meet the minimum requirements described below. There may be additional requirements placed upon a vendor depending on the type of good or service to be purchased. ii. Mandatory Forms: At a minimum, in order to become eligible to do business with the City, a vendor must submit the following documents to the Vendor Support Division via the City’s supplier portal located at https://sfcitypartner.sfgov.org/pages/index.aspx: 1. Vendor Application Packet (includes New Vendor Number Request Form and IRS Form W-9) 2. CCSF Vendor - Business Registration (Electronic Submission - you must have a vendor number to complete) 3. CMD 12B-101 Declaration of Nondiscrimination in Contracts and Benefits iii. Vendor Eligibility and Invoice Payment: Vendors must have a City-issued vendor number, have all compliance paperwork submitted and approved by the City, and have an executed contract or purchase order before payments can be made. Once a vendor number has been assigned, an email notification will be provided by the City's Vendor File Support Division. This notification will include instructions on how to sign up to receive payments through the City's supplier portal located at https://sfcitypartner.sfgov.org/ . iv. Vendor Eligibility Forms: Form Purpose/Info Routing CCSF Vendor - Business Registration (Electronic Submission - you must have a vendor number to complete) This declaration is required for city vendors to determine if you are required to obtain a Business Registration Certificate. https://sfcitypartner.sfgov.org/ Declaration of Nondiscrimination in Contracts and Benefits with supporting documentation (Form CMD-12B-101) This Declaration is used by the City’s Contract Monitoring Division to determine if a vendor offers benefits to employees. When a vendor offers benefits, it must be verified that all benefits, including insurance plans and leaves, are offered equally to employees with spouses and employees with https://sfcitypartner.sfgov.org/ P-590 (4-17) Page 28 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services domestic partners. For more information and assistance, please visit the City Administrator’s Contract Monitoring Division Equal Benefits web page. Vendor Profile Application v. Includes New Vendor Number Request Form and IRS Form W-9. https://sfcitypartner.sfgov.org/ Supplemental Forms: Form: Required If: Minimum Compensation Ordinance (MCO) Declaration ( pdf) You have at least $25,000 ($50,000 for non-profit organizations) in cumulative annual business with a City department or departments and have more than 5 employees, including employees of any parent, subsidiaries and subcontractors. Health Care Accountability Ordinance (HCAO) Declaration ( pdf) You have at least $25,000 ($50,000 for non-profit organizations) in cumulative annual business with a City department or departments and have more than 20 employees (more than 50 employees for nonprofit organizations), including employees of any parent, subsidiaries or subcontractors. Insurance Requirements (pdf) The solicitation requires the successful proposer to demonstrate proof of insurance. Payment (Labor and Material) Bond (pdf) The solicitation requires the awarded vendor to post a Payment (Labor and Material) bond. Performance Bond (pdf) The solicitation requires the awarded vendor to post a Performance bond. Local Business Enterprise Program Application (Contract Monitoring Division) You desire to participate in the City’s Local Business Enterprise Program which helps certain financially disadvantaged businesses increase their ability to compete effectively for City contracts For further guidance, refer to the City’s supplier training videos that are located online at: https://sfcitypartner.sfgov.org/ . P-590 (4-17) Page 29 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services A. Proposer Eligibility Forms: Form Purpose/Info Routing CCSF Proposer - Business Registration (Electronic Submission - you must have a vendor number to complete) This declaration is required for city vendors to determine if you are required to obtain a Business Registration Certificate. https://sfcitypartner.sfgov .org/ Declaration of Nondiscrimination in Contracts and Benefits with supporting documentation (Form CMD12B-101) This Declaration is used by the City’s Contract Monitoring Division to determine if a vendor offers benefits to employees. When a vendor offers benefits, it must be verified that all benefits, including insurance plans and leaves, are offered equally to employees with spouses and employees with domestic partners. For more information and assistance, please visit the City Administrator’s Contract Monitoring Division Equal Benefits web page. https://sfcitypartner.sfgov .org/ Proposer Profile Application Includes New Proposer Number Request Form and IRS Form W-9. https://sfcitypartner.sfgov .org/ B. Supplemental Forms: Form: Required If: Minimum Compensation Ordinance (MCO) Declaration ( pdf) You have at least $25,000 ($50,000 for non-profit organizations) in cumulative annual business with a City department or departments and have more than 5 employees, including employees of any parent, subsidiaries and subcontractors. Health Care Accountability Ordinance (HCAO) Declaration ( pdf) You have at least $25,000 ($50,000 for non-profit organizations) in cumulative annual business with a City department or departments and have more than 20 employees (more than 50 employees for nonprofit organizations), including employees of any parent, subsidiaries or subcontractors. Insurance Requirements (pdf) The solicitation requires the successful proposer to demonstrate proof of insurance. Payment (Labor and Material) Bond (pdf) The solicitation requires the awarded vendor to post a Payment (Labor and Material) bond. P-590 (4-17) Page 30 of 31 12/20/2019 RFP # SHF | 2019-11/Event #0000003286 for Incarcerated Person Communication Services Performance Bond (pdf) The solicitation requires the awarded vendor to post a Performance bond. Local Business Enterprise Program Application (Contract Monitoring Division) You desire to participate in the City’s Local Business Enterprise Program which helps certain financially disadvantaged businesses increase their ability to compete effectively for City contracts For further guidance, refer to the City’s supplier training videos that are located online at: https://sfcitypartner.sfgov.org/ . P-590 (4-17) Page 31 of 31 12/20/2019