44DOC-S2507 - Legal Resource Research - Final After Released - Amendment 3.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: 44DOC-S2507 For

LEGAL RESOURCE RESEARCH FOR THE

NEVADA DEPARTMENT OF CORRECTIONS

Release Date: 11/28/2023 Deadline for Submission and Opening Date and Time: 12/28/2023 @ 1:00 pm

Single point of contact for the solicitation:

ANNETTE MORFIN, PURCHASING OFFICER II

Phone, 775-684-0185 Email Address, 1amorfin@admin.nv.gov

(TTY for Deaf and Hard of Hearing, 800-326-6868 Ask the relay agent to dial, 1-775-515-5173/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 State of Nevada Purchasing Division, on behalf of the Nevada Department of Corrections (NDOC) is seeking proposals from qualified vendors to provide creative solutions for Legal Resource Research services for six (6) NDOC law library sites 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. NDOC shall administer the contract resulting from this solicitation. The resulting contract shall be for a contract term of four (4) years, anticipated to begin May 1, 2024 and expire April 30, 2028 subject to Board of Examiners approval.

GOALS AND OBJECTIVES

Legal research is currently offered to the offenders through use of the resources in place within the six (6) law library sites.

If tablets are implemented during the life of the contract, awarded vendor will coordinate with the table vendor to offer legal research services via the tablet application program to all offenders in conjunction with resources in place within the law library sites.

Sites and population may increase or decrease during the life of the contract (refer to Offender Population by Location) on the attachments tab in NevadaEPro.

SCOPE OF WORK

NDOC Inmate Services Division is seeking legal research resource services for six (6) offender law libraries which are located at the following institutions:

Ely State Prison (ESP), Florence McClure Women’s Correctional Center (FMWCC), High Desert State Prison (HDSP), Lovelock Correctional Center (LCC), Northern Nevada Correctional Center (NNCC), and Southern Desert Correctional Center (SDCC).

RESOURCES

Required Legal Research All Nevada State Cases and Opinions Nevada Court of Appeals, Nevada Judicial Decisions, and Nevada Attorney General Opinions.

State of Nevada, Legislative Counsel Bureau Enacted bills and Legislative histories, Nevada Revised Statutes, Statutes of Nevada, Nevada Administrative Code, State of Nevada Register of Administrative Regulations, Nevada Constitution, Court Rules of Nevada, and Nevada Supreme Court Opinions.

All Federal Cases and Court Opinions United States District Court Cases, Ninth Circuit Courts, and Supreme Court of the United States.

United States Code Annotated or United States Code Service Code of Federal Regulations List of CFR Sections affected.

U.S. Supreme Court Reporter or comparable United States Constitution Federal Court Rules Federal Criminal Code and Rules Federal Rights of Prisoners Federal Sentencing Guidelines Federal Civil Judicial Procedures and Rules and Federal Forms.

Secondary Legal Sources Blacks Law Dictionary or comparable Georgetown University Annual Review of Criminal Procedure or comparable Citation service comparable to Shepherds and Federal Citations US, Pacific Reporter Citations, and Supreme Court Citations.

Court Case Search Tool Search tool to search for court cases to be accessed only by NDOC staff.

RESOURCE ACCESS METHOD

External Hard Drive (EHD) or alternate solution that does not integrate with the NDOC information technology infrastructure or provide access to the Internet. Law library materials must be offered by both EHD and via a Security Site.

Must have the ability to download and print materials.

Vendors must provide a plan to recycle old materials as part of keeping costs down and reducing electronic waste.

Shipping costs are to be at no cost to NDOC if materials are to be returned to the vendor when updated items are provided.

Applications must be compatible with Windows XP 10 operating system.

User Capabilities Describe in detail how users will be able to search through the resources.

Are users able to search using key words and narrow their search?

Describe how users will be able to select and print resource materials.

Describe in detail how users will be able to access the resources if tablet implementation is put in place in conjunction with the EHD or alternate solution during the life of the contract.

TRAINING

The contracted vendor must provide initial and on-going training.

Training must be provided in person to offenders and NDOC staff, On-going training should occur at lest twice a year for the contract period at each location, and Any staff, travel, or material costs for training are to be at no cost to NDOC.

Provide a sample training plan that would be similar to what would be used at NDOC for initial and on-going training.

Provide a supplemental training plan if tablet implementation is put in place during the life of the contract.

An Account Executive shall be appointed who will act as a single point of contract for all legal resource training, inquiries, service requests, and issues. The Account Executive must provide a telephone number and email address and will coordinate with the Inmate Services point of contact designee.

DELIVERY/INSTALLATION OF PRODUCTS AND UPDATES

After the contract is awarded, the contracted vendor should be prepared to deliver EHD products immediately and provide NDOC with a written delivery schedule. If proposing an alternate solution, the system must be in place as soon as possible to avoid any interruption in legal resource access for offenders.

Delivery of products or services must be in place by May 1, 2024, or within a mutually agreed upon date of the completed contract or penalties may ensure, up to and including the awarded vendor paying the current vendor to extend services to affected facilities.

Vendors must propose the delivery frequency of updated materials based on the specific legal research resource solution. Frequency must be quarterly or less.

Delivery to EHDs should be to each facility site and one to Central Administration at no cost to NDOC.

Any materials not receiving prior approval from the Chief of Inmate Services/designee will be rejected and disposed of upon receipt at no cost to NDOC.

3.6 HEALTH AND SAFETY STANDARDS

CRIMINAL HISTORY RECORD CHECK/SECURITY

Pursuant to NDOC Administrative Regulation 212, contractor/vendors are required to complete a mandatory background check annually.

At least ten (10) working days prior to beginning work, each employee and/or subcontractor of the contractor who will be working under this contract and entering prison grounds are required to submit a completed:

Security Regulations Acknowledgement form (DOC 047), Prison Rape Elimination Act (PREA) Contractor and Volunteer Questionnaire form (DOC 1952), Prison Rape Elimination Act (PREA) Zero Tolerance Policy and Reporting form (DOC 1953), Consent for Release of Criminal History Records form (DOC 560), and Security Regulations Acknowledgement form (DOC 047).

Forms required in Section 3.6.2 can be emailed or sent via regular mail.

Email address – vendors@doc.nv.gov Mailing Address – Nevada Department of Corrections, Attn: Contractor/Vendor Background Checks, P.O. Box 7011, Carson City, NV 89701 or 5500 Snyder Avenue, Building 89, Carson City, NV 89701.

Personnel convicted of a felony will not be permitted to enter a correctional facility or institution.

If a PREA allegation of sexual abuse or sexual harassment is filed by an offender against a contracted employee, contractor or vendor, including their employees and subcontractors, the NDOC, Office of the Inspector General will contact the contractor, or the immediate supervisor of the contracted individual, regarding the allegation.

Based on the severity of the allegation, NDOC will have the authority to deny access of any contracted employee, contractor or vendor, including their employees and subcontractors, from entering any correctional facility or institution.

PAYMENTS AND BILLING

Upon review and acceptance of the State, payments for invoices are normally made within 45-60 days of receipt, providing all required information, documents and/or attachments have been received.

Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment and services purchased under provisions of this RFP electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

Pricing should be presented based on yearly and monthly billing options.

All billing must be done by site location.

Vendors should clearly identify whether invoices will be sent in advance or in arrears.

The vendor shall bill the State as outlined in the approved contract and/or payment schedule.

Send invoices for payment to:

Nevada Department of Corrections (NDOC), Attn: Accounting/Contracts Bldg.89, P.O. Box 7011, Carson City, NV 89702

OTHER REQUIREMENTS

No additional payment will be authorized due to labor, materials, equipment or any other extra costs to comply with Federal, State, County or local codes, standards, and regulations.

All materials, procedures, work schedules, etc. must be approved by the NDOC.

The awarded vendor must ensure that while at the facility, offenders do not have access to telecommunication devices in accordance with NRS 209.417 and NRS 212.165.

Access is limited and may require an escort. Once the awarded vendor enters the facility, it may be difficult and time consuming to leave to get additional equipment or supplies. The awarded vendor shall make sure that all supplies, equipment, etc. are brought in during initial entry into the facility.

An inventory list of all supplies, tools and/or equipment brought in by the awarded vendor is required. The inventory list will be checked by the facility upon arrival and again upon departure.

cost of service

Vendors should propose cost per the following requirements.

Vendors should propose cost per:

Legal Research, both required and secondary, Institution, and Year Provide separate pricing if additional costs are incurred for interfacing tablets or any changes necessary for user access during implementation of and during the life of the contract for offenders housed in all locations.

Vendors are encouraged to provide cost effective solutions.

Prior approval from NDOC fiscal is required for any additional cost over and above the maximum contract.

NDOC does not agree to reimburse the contractor for price adjustments or overtime labor caused by delays due to security. Delays due to security include but are not limited to:

Institution lockdown, Prison escapes and/or attempted escapes, No or limited Correctional Officer coverage, Contraband as listed in the NDOC Security Regulations Acknowledgement form (DOC 047), Sally-port inspections, Offender counts and miscounts, and Any potential risk to the welfare and/or security of the institution and its staff, offenders, and visitors.

ATTACHMENTS

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

Terms and Conditions for Services Terms and Conditions for Goods NDOC Facility Map Offender Population by Location

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

ATTACHMENTS TO BE SUBMITTED PRIOR TO ENTERING AN NDOC FACILITY

PREA Zero Tolerance Policy Contractor and Volunteer PREA Questionnaire Contractor Background Check Application NDOC Contractor Security Regulations Security Acknowledgement Form Acknowledgement Form

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

Presentations

Following the evaluation and scoring process specified above, the State may require vendors to make a presentation of their proposal to the evaluation committee or other State staff, as applicable.

The State, at its option, may limit participation in vendor presentations to a maximum of three (3) vendors who have scored the highest in the combined score of their technical and cost proposals.

Following the presentations, the combined technical, cost, and presentation scores will become the final score for a proposal.

The State reserves the right to add additional criteria or presentations.

The State reserves the right to forego vendor presentations and select vendor(s) based on the written proposals submitted.

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 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.

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 indicated 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 contact 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.

Title Page Table of Contents 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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