10-Addendum 5.pdf

DEPARTMENT OF GENERAL SERVICES, PURCHASING DIVISION

Dr. Robert L. Yeager Health Center

50 Sanatorium Rd, Building A Pomona, New York 10970

Phone : (845) 364-3820 Fax : (845) 364-3809 Email : purchasing@co.rockland.ny.us

Paul Brennan, FNIGP, NIGP-CPP, CPPO

Director of Purchasing

ADDENDUM # 5

RFP-RC-2025-016

INCARCERATED INDIVIDUAL’S SYSTEM INCLUDING DIGITAL MAIL

SERVICES AND TABLET PROGRAM FOR THE ROCKLAND COUNTY

CORRECTIONAL CENTER

1 Which Proposal Response Format is required? On page 35, there are 6 sections (Section I – Section VI) and required forms. On page 39, there are 7 sections (Section I – Section VII) and required forms. Use page 39 format.

2 How many references are needed? It states two different numbers (three and five references) throughout the RFP. Only 3 are required. If you have 5 give them all.

3 Would the county accept bids on call rates that exceed the 2024 FCC Order? NO

4 For Digital Mail, “the firm must conduct processing of physical mail which will be delivered offsite from the correctional facility” – will the agency require that the mail processing center be located in New York State? Yes

5 4.01 – Annual Guaranteed Fee – How can the agency request upfront annual commissions from regulated services when that violates the 2024 FCC Order? We are not asking for commissions o regulated services. No upfront commissions are requested and was removed. I believe this was answered on Addendum #4

6 4.02 – Commissions Percentages – How can the agency request commission percentage from regulated services when that violates the 2024 FCC Order? No we are not asking for commissions on regulated services based on the 2024 FCC order. I believe this was answered on Addendum #4

7 4.03 – Revenue Generation –“The vendor is to provide an Annual Guaranteed Fee based upon a percentage commission of the GROSS BILLED REVENUE, less applicable state or federal taxes, generated at each incarcerated individual telephone station. Gross revenue is defined as revenue for all billed calls without exception. The following will be required of each vendor” Is the agency still requesting most of this information even though it violates the 2024 FCC Order? If not, can the agency send a revised wording for this section? The commission on calls is removed and only non-regulated commissions based on the 2024 FCC guidelines will be accepted

8 4.03 – Revenue Generation –“The vendor is to provide an Annual Guaranteed Fee based upon a percentage commission of the GROSS BILLED REVENUE, less applicable state or federal taxes, generated at each incarcerated individual telephone station. Gross revenue is defined as revenue for all billed calls without exception. The following will be required of each vendor” Is the agency still requesting most of this information even though it violates the 2024 FCC Order? NO If not, can the agency send a revised wording for this section?

Revised section 4.03

4.01 REVENUE GENERATION

The vendor is to provide an Annual Guaranteed Fee based upon a percentage commission of the GROSS BILLED REVENUE, less applicable state or federal taxes, generated from all allowable services based on FCC 2024 guidelines. The following will be required of each vendor:

a) The vendor must submit the projected gross billed revenue, the commission percentage(s), and the commission payment including Digital Mail and Tablet Service programs.

b) Each vendor must explain in detail how all commissions are determined or calculated in the Financial Section. Specify all factors that the vendor will use and any other data that will reveal actual or projected commissions or dollar values of the commissions the vendor expects to pay.

c) The vendor must maintain complete and accurate call accounting records for the length of the agreement.

d) If the annual guaranteed fee is exceeded during the year, then the vendor must provide one commission check based on the overage at the end of each contract term. Checks will be accepted from more than one vendor (i.e.; separate checks can come from the prime contractor and subcontractor(s). The checks must be accompanied by a report that as a minimum includes:

1) Allowable Generated Revenues: Monthly gross revenue generated by cash and non-cash categories On tablet media, e-messaging, tablet subscriptions and Text content.

Payments will be made on a monthly basis as determined by overall monthly usage.

2) The vendor must agree to develop additional reports as may be reasonably required and to provide such reports at a frequency to be mutually agreeable to both parties.

9 On Cost Proposal form – the agency is asking for the per-minute rate for video visitation – will the agency be implementing remote video visitation? Not At This time

10 The deadline to submit questions is 6/12/2025 at 4:00 P.M. – will the agency allow any further questions after this date? Follow up questions? Answered on addendum #4

FCC Questions

11 The 2024 FCC Order (Incarcerated People’s Communication Services; Implementation of the Martha Wright-Reed

Act: Rates for Interstate Inmate Calling Services, WC Docket Nos. 23-62 & 12-375, FCC 24-75 (rel. July 22, 2024)) contains a variety of restrictions, including the following:

Providers cannot pay site commissions (cash or in-kind) that are sourced to revenue generated from audio calls or video sessions. Order at 47 CFR sec. 6015(a).

Providers cannot provide safety and security services that are not “used and useful” in the provision of audio calls or video sessions at no cost to correctional agencies if the cost of those services is sourced to regulated revenue.

Order at Para 378.

12 For the purposes of these questions:

• “Regulated Revenue” means revenue generated from phone calls or video sessions that is governed by the

2024 FCC Order.

• “Non-Regulated Revenue" means all revenue generated by a provider that is not Regulated Revenue.

• “Safety and Security Services” means those five categories of safety and security services that the 2024

FCC Order classifies as “not used and useful.”

• “Commissions” has the same meaning as used in the 2024 FCC Order.

13 Will the county allow vendors to submit bids that pay a Commission on Regulated Revenue? NO

14 Will the county award a bid that pays a Commission on Regulated Revenue? NO, only on allowable revenue based on FCC guidelines

15 Will the county allow vendors to submit bids that include Safety and Security Services provided at no cost to Rockland County, with the cost of those services recovered (in whole or in part) from Regulated Revenue? NO

16 Will the county award a bid that includes Safety and Security Services provided at no cost to Rockland County, with the cost of those services recovered (in whole or in part) from Regulated Revenue? NO

17 Will the county require all bids to comply with the requirements of the 2024 FCC Order? YES

18 Will the county award a bid that does not comply with the requirements of the 2024 FCC Order? NO

The information in this addendum supersedes any contradictory information set forth in the contract documents.

Acknowledge receipt of this addendum in the space provided on the signature page of the bid proposal. Failure to do so may subject the bidder to disqualification. This addendum forms a part of the contract documents.

SIGNED:

Paul J. Brennan

PAUL J. BRENNAN, FNIGP, NIGP-CPP, CPPO

DIRECTOR OF PURCHASING

ADDENDUM

6/30/25