6.7.4_Liquidated_Damages.docx

DOCX document 32 KB Posted

Attached to
Evidence-Based Programming
Solicitation number
RFP 32901-31468 Version 2
Issued by
Tennessee

About this file

This is a Liquidated Damages schedule document that outlines financial penalties applicable to a contractor delivering Evidence-Based Programming services, likely within a correctional or offender rehabilitation context under state oversight. The document specifies liquidated damages across six operational categories: Program Delivery, Reporting & Documentation, Training & Staff Qualifications, Staffing & Personnel, Technology Requirements, and Security & Data Protection. Program delivery penalties range from $200 to $700 per incident for failures including improper curriculum utilization, missed classes, delayed enrollment, and cohort opening delays. Reporting and documentation violations incur penalties of $200 to $500 per occurrence, with additional daily charges up to $50 per day for submissions exceeding 30 days late. Training and staffing qualifications violations carry penalties from $200 to $500 per occurrence, including facilitator certification failures and Quality Assurance plan submission delays.

Staffing and personnel violations assess $500 per occurrence for missing background check documentation or incomplete required training prior to facilitation. Technology and security requirements impose the highest financial penalties, ranging from $200 to $1,000 per incident or occurrence, with specific requirements for security incident notification within 24 hours, data encryption compliance with FIPS standards, timely SOC 2 Type 2 report submission, and completion of annual penetration testing. These liquidated damages appear designed to ensure contractor compliance with state standards for offender programming quality, operational transparency, staff qualifications, and cybersecurity protections without requiring the state to prove actual damages.

View the file

Other files

File Type Posted
RFP_32901-31468_Evidence-Based_Programming.pdf PDF
6.7.3_District_Programming_Office_Availability.xlsx XLSX spreadsheet
6.6_EBP_Programming_Workload_Data.xlsx XLSX spreadsheet
RFP_32901-31468_Version_2.pdf PDF
EBP_RFP_32901-31468_Amendment_2.pdf PDF
EBP_RFP_32901-31468_Amendment_1.pdf PDF
EBP_RFP_32901-31468_Amendment_3.pdf PDF
Attachment_6.7.1_TDOC_Policies.pdf PDF
6.7.4_Liquidated_Damages.docx DOCX document
6.7.2_EBP_Attendance_Roster.docx DOCX document
6.6_EBP_Programming_Workload_Data.xlsx XLSX spreadsheet
6.7.3_District_Programming_Office_Availability.xlsx XLSX spreadsheet
RFP_32901-31468_Version_2.pdf PDF
EBP_RFP_32901-31468_Amendment_2.pdf PDF
6.7.4_Liquidated_Damages.docx DOCX document
Attachment_6.7.1_TDOC_Policies.pdf PDF
EBP_RFP_32901-31468_Amendment_1.pdf PDF
RFP_32901-31468_Evidence-Based_Programming.pdf PDF
6.7.2_EBP_Attendance_Roster.docx DOCX document
EBP_RFP_32901-31468_Amendment_1.pdf PDF
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
6.7.3_District_Programming_Office_Availability.xlsx XLSX spreadsheet
RFP_32901-31468_Version_2.pdf PDF
Attachment_6.7.1_TDOC_Policies.pdf PDF
Show all 26

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

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

File details come from the government source that posted it. Updated .