6.7.4_Liquidated_Damages.docx

DOCX document 32 KB Posted

Attached to
Evidence-Based Programming
Solicitation number
RFP 32901-31468
Issued by
Tennessee

About this file

This is a Liquidated Damages schedule for a Tennessee Evidence-Based Programming contract. The document outlines financial penalties imposed on the contractor for failures to meet contractual obligations across six categories: Program Delivery, Reporting & Documentation, Training & Staff Qualifications, Staffing & Personnel, Technology Requirements, and Security & Data Protection. Program delivery violations include failures to utilize mandated curricula ($200 per incident), facilitate scheduled classes ($700 per class), enroll referred individuals within two business days ($200 per individual), and open closed cohorts within five business days ($200 per cohort). Reporting and documentation penalties range from $200 to $500 per occurrence, with additional daily fees for late submissions exceeding 30 days. Training and staffing violations carry penalties of $200 to $500 per occurrence, including failures related to facilitator certification, quality assurance plan submissions, background check documentation, and required training completion.

Technology, security, and data protection violations represent the highest financial penalties, ranging from $200 to $1,000 per occurrence. These include failures to notify the State of security incidents within 24 hours ($500), encrypt state data per FIPS requirements ($1,000), provide SOC 2 Type 2 reports timely ($500), and complete annual penetration testing ($1,000). The liquidated damages structure is designed to ensure contractor compliance with specific contractual requirements referenced throughout the document, with penalties calibrated to reflect the severity and impact of each violation type on program operations and data security.

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Other files

File Type Posted
Attachment_6.7.1_TDOC_Policies.pdf PDF
6.7.3_District_Programming_Office_Availability.xlsx XLSX spreadsheet
6.7.2_EBP_Attendance_Roster.docx DOCX document
6.6_EBP_Programming_Workload_Data.xlsx XLSX spreadsheet
RFP_32901-31468_Evidence-Based_Programming.pdf PDF

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Text version

LIQUIDATED DAMAGES

PROGRAM DELIVERY

Liquidated Damages Event
Liquidated Damages Amount
Contractor fails to utilize the mandated and/or approved Evidence-Based Programming ("EBP") curricula (§A.3.1)
$200 per incident for each offender enrolled in the course
Contractor fails to facilitate a scheduled class (§A.10.a; §A.4).
$700 per scheduled class not delivered
Failure to enroll any referred individual within two (2) business days (§A.4.13).
$200 per individual per occurrence
Deviation from curriculum session length without prior approval (§A.4.11).
$200 per class occurrence
Failure to open the next closed cohort within five (5) business days (§A.4.11).
$200 per cohort delay

REPORTING & DOCUMENTATION

Liquidated Damages Event
Liquidated Damages Amount
Failure to submit Monthly Operational Summary by the 10th (§A.7.6; §A.9.3).
$200 per report + $50 per day after 30 days late
Failure to submit Weekly Attendance Rosters (§A.7.2; §A.7.5).
$200 per missed submission
Failure to enter OMS attendance within three (3) business days (§A.7.1).
$200 per class session
Failure to administer or maintain pre/post assessments (§A.7.3).
$200 per class cycle
Failure to submit Annual Report within 60 days (§A.7.7; §A.9.7).
$500 per occurrence
Failure to submit any deliverable outlined in the contract within 30 days of the due date.
$50 per day after 30 days late.

TRAINING & STAFF QUALIFICATIONS

Liquidated Damages Event
Liquidated Damages Amount
Facilitator delivers curriculum without required certification approval from the State (§A.5.1–A.5.2).
$500 per occurrence per facilitator
Failure to submit QA & Fidelity Plan within 30 days (§A.5.4).
$200 per day late
Failure to submit facilitator certification documentation timely (§A.9.6).
$200 per occurrence

STAFFING & PERSONNEL

Liquidated Damages Event
Liquidated Damages Amount
Failure to provide background check documentation (§A.5.7).
$500 per occurrence
Failure to complete the required TDOC NEO / BCPT prior to facilitation (§A.5.6).
$500 per facilitator per occurrence

TECHNOLOGY REQUIREMENTS

Liquidated Damages Event
Liquidated Damages Amount
Failure to notify the State within 24 hours of a security incident (§A.8.2(g)).
$500 per occurrence
Failure to delete recordings within the required retention period (§A.8.2(e)).
$200 per incident

SECURITY & DATA PROTECTION

Liquidated Damages Event
Liquidated Damages Amount
Failure to encrypt State Data per FIPS requirements (§E.17(a)(2)).
$1,000 per incident
Failure to provide SOC 2 Type 2 report timely (§E.17(a)(4).
$500 per occurrence
Failure to complete annual penetration testing (§E.17(a)(5).
$1,000 per occurrence

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