01GO-S1841 - Prison Population Projection.pdf

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STATE OF NEVADA

DEPARTMENT OF ADMINISTRATION

Purchasing Division

515 East Musser Street, Suite 300 │ Carson City, NV 89701

Phone: 775-684-0170 │ Fax: 775-684-0188

Request for Proposal: 01GO-S1841

For

PRISON POPULATION PROJECTION

Release Date: 12/16/2021

Deadline for Submission and Opening Date and Time: 01/11/2022 @ 2:00 pm

Refer to Proposal Timeline and Submission Requirements for complete RFP schedule and submission instructions

Single point of contact for the RFP:

Heather Moon, Purchasing Officer II

Phone: 775-684-0179

Email Address: hmoon@admin.nv.gov

(TTY for Deaf and Hard of Hearing, 800-326-6868

Ask the relay agent to dial, 1-775-684-0179/V.)

TABLE OF CONTENTS

1. APPLICABLE REGULATIONS GOVERNING PROCUREMENT

2. PROJECT OVERVIEW

3. SCOPE OF WORK

4. ATTACHMENTS

5. PROPOSAL TIMELINE

6. PROPOSAL EVALUATION PROCESS

7. MANDATORY MINIMUM REQUIREMENTS

8. CRITICAL ITEMS

9. SUBMISSION CHECKLIST

mailto:hmoon@admin.nv.gov

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1. APPLICABLE REGULATIONS GOVERNING PROCUREMENT

1.1. All applicable Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) documentation can be found at: www.leg.state.nv.us/law1.cfm.

1.2. Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to NRS

281A, NRS 333.800, and NAC 333.155.

2. PROJECT OVERVIEW

2.1. The State of Nevada Purchasing Division, on behalf of the Governor’s Office of Finance is seeking proposals from qualified vendors to provide Prison Population Projection services as described in the scope of work and attachments.

The State of Nevada prepares a budget for the NDOC and the Department of Public Safety’s Division of Parole &

Probation during each even-numbered year for the upcoming biennium. Projections of offender populations are required at specific intervals to coordinate with the various phases of the state’s budget process. Per NRS 176.0129, the State is required to contract with an independent vendor for the review of sentences imposed in the state and the practices of the State Board of Parole Commissioners. The awarded vendor will project annually the number of persons who will be housed in a facility of the NDOC, on probation, on parole, and serving a term of residential confinement.

The awarded vendor will receive a two (2) year contract, effective February 23, 2022, with the possibility of two

(2) additional two (2) year term extensions.

2.1.1 The stock population in custody of the NDOC:

2.1.1.1 Housed at a facility or institution, or serving a term of residential confinement; or

2.1.1.2 in jail; or

2.1.1.3 on escape status; or

2.1.1.4 in hospital; or

2.1.1.5 out of state; or

2.1.1.6 Admissions by commitment type; and

2.1.1.7 Releases by release type.

2.1.2 In custody or supervision of the NPP:

2.1.2.1 On probation; or

2.1.2.2 On parole.

2.2. The State intends to award one (1) contract in conjunction with this Request for Proposals (RFP), as determined in the best interests of the State. The Governor’s Office of Finance shall administer contract(s) resulting from this RFP. The resulting contract(s) are expected to be for a contract term of two (2) years, subject to Board of Examiners approval.

3. SCOPE OF WORK

3.1. PROJECTIONS

Projections shall be due on April 5th and October 5th in even numbered years, and February 15th in odd numbered

(legislative) years to correspond to the budgetary time frames of the state.

3.1.1 Projections are presented in a monthly array, reflected for 120 months following the date of the projection by gender group.

http://www.leg.state.nv.us/law1.cfm

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3.1.2 Projections shall be accompanied by population trace vectors to include population movement from adjudication to prison, from parole to prison, from prison to parole, from prison to discharge, and from parole to discharge.

3.1.3 The projections shall also be accompanied by a detailed summary of the major assumptions, methodology, and changes in performance of projections (see Section 3.b) underpinning the estimates, including local and national criminal justice system trends that are incorporated to derive them.

3.1.4 Projections, trace vectors and the detailed summary developed as a component of the projections must be provided with each draft and together as a final package on or before the negotiated deliverable dates.

3.2 CONTRACTED VENDOR RESPONSIBILTIES

The contracted vendor will provide an initial draft of the projections 60-days prior to the due date and the draft will include the assumptions that were used to develop the projections.

3.2.1 The contracted vendor will respond within three (3) workdays to telephone or email inquiries from the NDOC, NPP, State Board of Parole, Department of Sentencing Policy, Nevada Legislature, and the Governor’s Finance

Office regarding questions or clarifications regarding the assumptions or the projections.

3.2.2 The contracted vendor will utilize established statistical techniques to measure error for past forecasts, such as root mean squared errors or error BIAS for the arrays used to build department caseload budgets. Accuracy analysis will include a comparison between the projections derived for the most recent legislatively approved budget and the actual caseloads.

3.2.3 The contracted vendor must provide a monthly projected caseload for the Parole Board to include the number of discretionary and mandatory parole hearings, projected numbers of inmates granted discretionary and mandatory parole, and a projected number of parole violation hearings and revocation rate.

3.2.4 Projections must include by district for a term of not less than 120 months immediately following the date of the projections and indicate work units for pre-sentence investigations and miscellaneous work units:

3.2.4.1 The number of persons who will be on parole to include segments for enhanced supervision, house arrest, regular (divided into low, medium, and high-risk levels), pre-release, warrants, Interstate Compact transfer out-going, Interstate Compact transfer in-coming, sex offenders;

3.2.4.2 The number of persons who will be on probation to include segments for enhanced supervision, house arrest, regular (divided into low, medium, and high-risk levels), pre-release, warrants, Interstate Compact transfer out-going, Interstate Compact transfer in-coming, sex offenders;

3.2.4.3 Serving a term of residential confinement under NRS 209.429, NRS 209.392, NRS 209.3925 and programs under NRS 209.4888.

3.2.5 Projections shall be provided in both hard copy format and electronic (narrative in Microsoft Word and projections in Microsoft Excel) format.

3.2.6 Contracted vendor shall provide alternate forecasts of prison population based on pending legislation affecting sentence enhancements or reductions and probation policies affecting recommendations to the courts.

3.2.7 Contracted vendor shall seek projected population or caseload increases or decreases from various organizations, including the Division of Parole and Probation, Las Vegas Metropolitan Police Department, Reno Police

Department, Washoe County Sheriff’s Office, Office of the Court, Nevada State Demographer, U.S. Bureau of

Justice Statistics, the Federal Bureau of Investigation, the U.S. Census Bureau, and the Nevada Department of

Corrections to discuss population trends and issues.

3.2.8 Contracted vendor shall travel to Nevada upon request by the Nevada Department of Corrections to provide oral presentations to the Governor’s Finance Office or the Legislative Counsel Bureau to support the development of the Governor’s Executive Budget, the Nevada State Legislature, or at such other times determined by the

Governor’s Finance Office.

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3.2.9 The Governor’s Finance Office anticipates three (3) trips to Nevada to satisfy the above requirement; however, vendors are requested to include in their cost proposal any charges or travel expenses for additional trips as the vendor deems appropriate. Due to the uncertainty of travel resulting from the COVID-19 pandemic, presentations may be made via Zoom or other teleconference software.

4. ATTACHMENTS

4.1. INCORPORATED ATTACHMENTS. To be read and not returned.

4.1.1. Terms and Conditions for Services

4.1.2. Federal Laws and Authorities

4.1.3. Contract Form

4.1.4. Insurance Schedule

4.2. PROPOSAL ATTACHMENTS. To be completed and returned.

4.2.1. Cost Schedule

4.2.2. Proposed Staff Resume

4.2.3. Reference Questionnaire

4.2.4. Attachments for Signature

A. Vendor Certifications

B. Certification Regarding Lobbying

C. Confidentiality and Certification of Indemnification

D. Vendor Information Response

5. PROPOSAL TIMELINE

5.1. All questions regarding this RFP shall be submitted using the Bid Q&A feature in NevadaEPro by the deadline below.

5.2. The following represents the proposed timeline for this project.

5.2.1. All times stated are Pacific Time (PT).

5.2.2. These dates represent a tentative schedule of events.

5.2.3. The State reserves the right to modify these dates at any time.

A. Deadline for Questions No later than 5:00 pm on 12/28/2021

B. Answers Posted On or about 01/03/2022

C. Deadline for References No later than 5:00 pm on 01/10/2022

D. Deadline Proposal Submission and Opening No later than 2:00 pm on 01/11/2022

E. Evaluation Period (estimated) 01/11/2022 - 01/18/2022

F. Selection of a Vendor (estimated) On or about 01/18/2022

G. BOE Approval (estimated) 01/2022

H. Contract start date (estimated) 02/23/2022

6. PROPOSAL EVALUATION PROCESS

6.1. Proposal evaluation and scoring is conducted in accordance with NRS 333.335 and NAC 333.160-333.165.

6.1.1. Proposals shall be kept confidential until a contract is awarded.

6.1.2. In the event the RFP is withdrawn prior to award, proposals remain confidential.

6.1.3. The evaluation committee is an independent committee established to evaluate and score proposals submitted in response to the RFP.

6.1.4. Financial stability shall be scored on a pass/fail basis.

6.1.5. Proposals shall be consistently evaluated and scored based upon the following factors and relative weights.

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A. Demonstrated Competence 28

B. Conformance with the Terms of this RFP 25

C. Cost 20

D. Experience in Performance of Comparable Engagements 15

E. Expertise and Availability of Key Personnel 12

6.1.6. Cost proposals will be evaluated based on the following formula.

A. Cost Factor Weight x (Lowest Cost Submitted by a Vendor / Proposer Total Cost) = Cost Score

6.2. NEVADA-BASED BUSINESS PREFERENCE. The State awards a five percent (5%) preference to Nevada-based businesses pursuant to NRS 333.3351 to 333.3356, inclusive.

6.2.1. Nevada-based business is defined in NRS 333.3352(1).

6.2.2. The term ‘principal place of business’ has the meaning outlined by the United States Supreme Court in Hertz Corp v.

Friend, 559 U.S. 77 (2010), typically meaning a business’s corporate headquarters.

6.2.3. To claim this preference a vendor must indicate it on their vendor account and submitted Quote in NevadaEPro.

6.2.4. This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis.

6.3. INVERSE PREFERENCE. The State applies an inverse preference to vendors that have a principal place of business in a state other than Nevada and that state applies an in-state preference not afforded to Nevada based vendors, pursuant to AB28 passed in the 81st session of the Nevada Legislature.

6.3.1. The amount of the inverse preference is correlated to the amount of preference applied in the other state.

6.3.2. Vendors who meet this criterion must indicated it on their submitted Quote in NevadaEPro.

6.3.3. This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis.

7. MANDATORY MINIMUM REQUIREMENTS

7.1. Pursuant to NRS 333.311 a contact cannot be awarded to a proposal that does not comply with the requirements listed in this section.

7.2. NEVADA LAW AND STATE INDEMNITY. Pursuant to SB 445 of the 81st Session of the Nevada Legislature, any contract that is entered into may not: (1) Require the filing of any action or the arbitration of any dispute that arises from the contract to be instituted or heard in another state or nation; or (2) Require the State to indemnify another party against liability for damages.

7.3. NO BOYCOTT OF ISRAEL. Pursuant to NRS 333.338, the State of Nevada cannot enter a contract with a company unless that company agrees for the duration of the contract not to engage in a boycott of Israel. By submitting a proposal or bid, vendor agrees that if it is awarded a contract it will not engage in a boycott of Israel as defined in NRS

333.338(3)(a).

7.4. INDEMNIFICATION. Confirm vendor agrees to comply with required contract terms on 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 breach of the obligations of Contractor under this contract, or any alleged negligent or willful acts or omissions of Contractor, its officers, employees and agents.

Contractor’s obligation to indemnify the State shall apply in all cases except for claims arising solely from the State’s own negligence or willful misconduct. Contractor waives any rights of subrogation against the State. Contractor’s duty to defend begins when the State requests defense of any claim arising from this Contract."

7.5. LIMITED LIABILITY. Confirm vendor agrees to comply with required contract terms on 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. 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. Contractor’s tort liability shall not be limited."

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7.6. CONTRACT RESPONSIBILITY. Awarded vendor shall be the sole point of contract responsibility. The State shall 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.

7.7. DATA ENCRYPTION. Confirm vendor will comply with State IT requirement that data be encrypted in transit and in rest.

7.8. STATESIDE DATA. Confirm vendor will comply with State IT requirement that State data assets must be maintained stateside and data will not be held offshore.

7.9. NEVADA BUSINESS LICENSE. Pursuant to NRS 353.007, prior to contract execution awarded vendor must hold a

State business license pursuant to NRS chapter 76 unless exempted by NRS 76.100(7)(b).

7.10. DISCLOSURE. Each vendor shall 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.

8. CRITICAL ITEMS

8.1. In addition to the Scope of Work and Attachments, the items listed in this section are critical to the success of the project.

These items will be used in evaluating and scoring the proposal. Vendor proposal should address items in this section in enough detail to provide evaluators an accurate understanding of vendor capabilities. Proposals that fail to sufficiently respond to these items may be considered non-responsive.

8.2. CONTRACT FORM. The State strongly prefers vendors agree to the terms of the attached Contract Form as is. Ability to agree to contract terms is a high priority to the State. Vendors who cannot agree to the contract as is must include a redlined Word version of the attached Contract Form with their proposal response.

8.3. INSURANCE SCHEDULE. Confirm vendor will comply with attached Insurance Schedule. If not, please explain which areas are causing non-compliance and attach a red line if necessary.

8.3.1. Awarded vendor shall maintain, for the duration of the contract, insurance coverages as set forth in the fully executed contract.

8.3.2. Work on the contract shall not begin until after the awarded vendor has submitted acceptable evidence of the required insurance coverages.

8.3.3. Failure to maintain any required insurance coverage or acceptable alternative method of insurance shall be deemed a breach of contract.

8.4. VENDOR BACKGROUND

8.4.1. Company background/history and why vendor is qualified to provide the services described in this RFP.

8.4.2. Provide a brief description of the length of time vendor has been providing services described in this RFP to the public and/or private sector.

8.5. VENDOR STAFF RESUMES

8.5.1. A resume shall be included for each proposed key personnel, see Proposed Staff Resume.

8.5.2. A resume shall also be included for any proposed key subcontractor personnel.

8.6. SUBCONTRACTORS

8.6.1. Subcontractors are defined as a third party, not directly employed by the contractor, who shall provide services identified in this RFP. This does not include third parties who provide support or incidental services to the contractor.

8.6.2. Proposal should include a completed Vendor Information Response form for each subcontractor.

8.6.3. Vendor shall not allow any subcontractor to commence work until all insurance required of the subcontractor is provided to the vendor.

8.6.4. Vendor proposal shall identify specific requirements of the project for which each subcontractor shall perform services.

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A. How the work of any subcontractor(s) shall be supervised

B. How channels of communication shall be maintained

C. How compliance with contracts terms and conditions will be assured

D. Previous experience with subcontractor(s)

8.7. VENDOR FINANCIAL INFORMATION

8.7.1. The information requested in this section is designated as confidential business information by the Administrator pursuant to NRS 333.020(5)(b) and is not public information pursuant to NRS 333.333.

8.7.2. This information should be submitted as a separate attachment, flagged as confidential in NevadaEPro.

8.7.3. Proposing vendor shall provide the following financial information and documentation:

A. Dun and Bradstreet Number

B. Federal Tax Identification Number

C. The last two (2) full years and current year interim:

1. Profit and Loss Statements

2. Balance Statements

8.8. BUSINESS REFERENCES

8.8.1. The information requested in this section is designated as confidential business information by the Administrator pursuant to NRS 333.020(5)(b) and is not public information pursuant to NRS 333.333.

8.8.2. Vendors shall provide a minimum of three (3) business references from similar projects performed for private and/or public sector clients within the last five (5) years, see Reference Questionnaire.

8.8.3. The purpose of these references is to document relevant experience and aid in the evaluation process.

8.8.4. Business references should return Reference Questionnaire directly to Single Point of Contact via email.

8.8.5. Business references will not be accepted directly from proposing vendor.

8.8.6. The State will not disclose submitted references, but will confirm if a reference has been received.

8.8.7. The State reserves the right to contact references during evaluation.

9. SUBMISSION CHECKLIST

9.1. This section identifies documents that shall be submitted to be considered responsive. Vendors are encouraged to review all RFP requirements to ensure all requested information is included in their response.

9.1.1. Proposals must be submitted as a Quote through NevadaEPro, https://NevadaEPro.com.

9.1.2. Vendors are encouraged to submit a single file attachment per proposal section if possible.

9.1.3. Technical proposal information and Cost proposal information shall not be included in the same attachment.

9.1.4. Cost proposal attachment shall not be flagged as confidential in NevadaEPro.

9.1.5. Additional attachments may be included if necessary, but are discouraged and should be kept to a minimum.

9.2. TECHNICAL PROPOSAL

A. Title Page

B. Table of Contents

C. Response to Mandatory Minimum Requirements

D. Response to Critical Items

E. Response to Scope of Work

F. Proposed Staff Resumes

G. Other Informational Material

9.3. PROPRIETARY INFORMATION. If necessary. Attachment should be flagged confidential in NevadaEPro.

A. Title Page

B. Table of Contents

C. Trade Secret information, cross referenced to the technical proposal

9.4. COST PROPOSAL

https://nevadaepro.com/

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9.5. VENDOR FINANCIAL INFORMATION. Attachment should be flagged confidential in NevadaEPro.

9.6. SIGNED ATTACHMENTS

A. Vendor Certifications

B. Confidentiality and Certification of Indemnification

C. Certification Regarding Lobbying

D. Vendor Information Response

9.7. OTHER ATTACHMENTS. If necessary, not recommended.

9.8. REFERENCE QUESTIONNAIRES. Not submitted directly by vendor.