01GO-S2816 RFP Prison Population Study.docx

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

Solicitation: 01GO-S2816 For Prison Population Study

Release Date: 05/20/2024 Deadline for Submission and Opening Date and Time: 06/04/2024 @ 2:00 pm

Single point of contact for the solicitation:

Joel Smedes, Purchasing Officer 2 Phone, 775-531-3312 Email Address, J.Smedes@admin.nv.gov

(TTY for Deaf and Hard of Hearing, 800-326-6868 Ask the relay agent to dial, 1-775-531-3312/V.)

TABLE OF CONTENTS

APPLICABLE REGULATIONS GOVERNING PROCUREMENT

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

SINGLE POINT OF CONTACT. Vendors and/or their representatives shall only contact the single point of contract or use the electronic procurement system regarding this solicitation until after a notice of award (NOA) has been issued. Failure to observe this restriction may result in disqualification of a proposal per NAC 333.155(3).

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.

PROJECT OVERVIEW

The Nevada State Purchasing Division of the Department of Administration (State Purchasing), on behalf of the Budget Division of the Governor’s Office of Finance (GFO) is seeking proposals from qualified vendors to provide a prison population study as described in the scope of work and attachments.

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. GFO shall administer contract(s) resulting from this solicitation. The resulting contract(s) are expected to be for a contract term of four (4) years with one (1) option to extend for an additional four (4) years, subject to Board of Examiners (BOE) approval.

AGENCY BACKGROUND

The State of Nevada prepares a budget for the Nevada Department of Corrections (NDOC) and the Nevada Division of Parole and Probation of the Department of Public Safety (NPP) during each even-numbered year for the upcoming biennium. Projections of offender populations are required at specific intervals to coordinate with various phases of the State budget process. Pursuant to NRS 176.0129, the State is required to contract with an independent vendor for review of sentences imposed in the State and practices of the Nevada Board of Parole Commissioners.

GOALS AND OBJECTIVES

Contractor will project annually the number of persons who will be housed in a facility of NDOC, on probation, on parole, and serving a term of residential confinement.

The stock population in custody of the NDOC:

Housed at a facility or institution, or serving a term of residential confinement In jail In escape status in hospital Out of State Admissions by commitment type Releases by release type

In custody or supervision of the NPP:

On probation On parole Pre-sentence investigation referred and completed.

Post-conviction reports referred and completed.

Pardon investigation requests filed, and investigation completed.

Pre-release numbers based upon Parole Board grants received.

SCOPE OF WORK

PROJECTIONS. One projection, with three separate reports per agency, shall be due on November 5th of each year.

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

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.

Projections should be performed to align with the state fiscal year.

The report must include background information on ten-year population projections, national averages, population, crime rate, and other factors that contribute to the calculations.

The report should report on justice law reforms, new commitments, and factors and trends that are influencing crime in Nevada and the population projections.

The report must include data and trends on the comparison between the US and Nevada on population, and crime rates.

The reports must include a section on the accuracy between population and projection of the prior year’s report. Trends in admission between male and female populations, trends in parole release rates, trends in length of stay, key population assumptions, including future release rates, future admission counts, and future parole revocation, and parole violators.

The projections must also be accompanied by a detailed summary of the major assumptions, methodology, and changes in performance of projections underpinning the estimates, and a 95% confidence interval of the estimates.

The performance of the projections shall include error analysis of the sets of projections applied during each odd number year that are utilized to build each agency's biennial budget. 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.

The contractor will be held responsible for projecting the population within a specific margin of error due to the nature of the projections and the accuracy that is needed to calculate the funding needed for the various agencies.

The projections will include separate reports for each agency: Nevada Department of Corrections, Division of Parole and Probation of the Department of Public Safety, and the Parole Board.

The contractor will be required to work collaboratively across all three agencies to understand the unique needs of each department as it relates to the projections.

A comprehensive, professional narrative report analyzing trends in the criminal justice system by offense groups, categories, length of stay and sentence, and of laws and practices that affect prison stays and judicial decisions shall accompany the projections.

The report should have analysis of pieces of legislation that have had a significant impact on the populations during the report period. Appendices should include detailed tables, by month projections, trends, statistical analysis and model, and historical information that can be useful to the agencies to present to the legislative body and the law makers.

CONTRACTOR RESPONSIBILITIES. Contractor will provide and review their initial draft of the projections including the assumptions that were used to develop the projections with Nevada Parole and Probation to discuss and possibly make necessary adjustments.

Contractor will respond within three (3) workdays to telephone or email inquiries from NDOC, NPP, Nevada Board of Parole Commissioners, Department of Sentencing Policy, Nevada Legislature, and/or GFO for questions or clarifications regarding projections or assumptions.

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

Contractor must provide a monthly projected caseload for NPP, to include the number of discretionary and mandatory parole hearings, projected numbers of inmates granted discretionary and mandatory parole, projected number of parole violation hearings, and revocation rate.

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

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, and sex offenders.

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, and sex offenders.

The number of persons serving a term of residential confinement under NRS 209.429, NRS 209.392, and NRS 209.3925, and programs under NRS 209.4888.

The number of persons serving a term of lifetime supervision in accordance with NRS 213.1243.

The number of persons who will be on parole to include segments for enhanced supervision, regular parole male (divided into Low, Moderate, High and Very High risk levels), regular parole female (divided into Low, Low/Moderate, Moderate and High risk levels), warrants, Interstate Compact transfer out-going, Interstate Compact transfer in-coming and sex offenders.

The number of persons who will be on probation to include segments for enhanced supervision, regular probation male (divided into Low, Moderate, High and Very High risk levels), regular probation female (divided into Low, Low/Moderate, Moderate and High risk levels), warrants, Interstate Compact transfer out-going, Interstate Compact transfer in-coming, sex offenders and specialty court (may need additional break down by type of court if data can be provided).

The number of persons on deportee and other administrative caseloads not accounted for in other categories.

Contractor shall provide projections in both hard copy and electronic (narrative in Microsoft Word and projections in Microsoft Excel) formats.

Data transfer from the agencies to the vendor and the deliverables from the vendor to the agencies will be centralized through the Nevada Department of Sentencing Policy.

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

Contractor shall seek projected population or caseload increases or decreases from various organizations, including the Nevada Division of Parole and Probation of the Department of Public Safety, Las Vegas Metropolitan Police Department, Reno Police Department, Washoe County Sheriff’s Office, Nevada 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.

Contractor shall communicate and collaborate with the agencies under the direction and overview of the Nevada Department of Sentencing Policy, with the understanding that failure to communicate efficiently and consistently the vendor could be held in breach of contract.

Contractor shall take into consideration when completing reports the most recently passed legislation.

Contractor shall travel to Nevada upon request by GFO to provide oral presentations to the GFO or the Legislative Counsel Bureau (LCB) to support development of the Governor’s Executive Budget, support the Nevada State Legislature, or at such other times determined by GFO.

GFO anticipates three (3) trips to Nevada to satisfy the above requirement; however, vendors are requested to include in the cost proposal any charges or travel expenses for additional trips as the vendor deems appropriate. At the discretion of GFO, some presentations may be made via Zoom or other teleconference software.

ATTACHMENTS

ATTACHMENTS INCORPORATED BY REFERENCE. To be read and not returned.

Terms and Conditions for Services

ATTACHMENTS FOR REVIEW. To be read and not returned (unless redlining).

Contract Form Insurance Schedule

PROPOSAL ATTACHMENTS. To be completed and returned.

Cost Schedule Proposed Staff Resume Reference Questionnaire Attachments for Signature

Vendor Information Response Vendor Certifications Certification Regarding Lobbying Confidentiality and Certification of Indemnification

TIMELINE

QUESTIONS. All questions regarding this solicitation shall be submitted using the Bid Q&A feature in NevadaEPro.

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

All times stated are Pacific Time (PT).

These dates represent a tentative schedule of events.

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

EVALUATION

Evaluation and scoring are conducted in accordance with NRS 333.335 and NAC 333.160-333.165.

Proposals shall be kept confidential until a contract is awarded.

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

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

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

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

Cost proposals will be evaluated based on the following formula.

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

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.

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

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.

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

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.

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.

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

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

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.

MANDATORY MINIMUM REQUIREMENTS

Pursuant to NRS 333.311 a contract cannot be awarded to a proposal that does not comply with the requirements listed in this section. Proposal shall include confirmation of compliance with all mandatory minimum requirements.

NEVADA LAW AND STATE INDEMNITY. Pursuant to NRS 333.339, 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.

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).

INDEMNIFICATION. 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."

LIMITED LIABILITY. 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."

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 solicitation, and the awarded vendor shall not be relieved for the non-performance of any or all subcontractors.

DATA ENCRYPTION. State IT requires that data be encrypted in transit and in rest.

STATESIDE DATA. State IT requires that State data assets must be maintained in the United States and data will not be held offshore.

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).

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.

CRITICAL ITEMS

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.

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. To the extent a vendor has prior contractual dealings with the State, no assumption should be made that terms outside those provided herein have any influence on this project.

INSURANCE SCHEDULE

The State strongly prefers vendors agree to the terms of the attached Insurance Schedule as is. Vendors who cannot agree must explain which areas are causing non-compliance and attach a red line if necessary.

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

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

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

VENDOR BACKGROUND

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

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

VENDOR STAFF RESUMES

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

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

SUBCONTRACTORS

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

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

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

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

How the work of any subcontractor(s) shall be supervised How channels of communication shall be maintained How compliance with contracts terms and conditions will be assured Previous experience with subcontractor(s)

VENDOR FINANCIAL INFORMATION

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.

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

Proposing vendor shall provide the following financial information and documentation:

Dun and Bradstreet Number Federal Tax Identification Number The last two (2) full years and current year interim:

1. Profit and Loss Statements

2. Balance Statements

BUSINESS REFERENCES

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.

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.

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

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

Business references will not be accepted directly from proposing vendor.

Business references shall not be requested from the soliciting agency.

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

The State reserves the right to contact references during evaluation.

SUBMISSION CHECKLIST

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

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

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

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

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

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

TECHNICAL PROPOSAL

Title Page Table of Contents Response to Mandatory Minimum Requirements Response to Critical Items Response to Scope of Work Proposed Staff Resumes Other Informational Material

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

Trade Secret information, cross referenced to the technical proposal

COST PROPOSAL

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

SIGNED ATTACHMENTS

Vendor Information Response Vendor Certifications Confidentiality and Certification of Indemnification Certification Regarding Lobbying

OTHER ATTACHMENTS. If necessary, not recommended.

REFERENCE QUESTIONNAIRES. Not submitted directly by vendor.

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