Addendum Two - ATTACHMENT L - Commowealth's Response to Vendor Deviations - RFP 758 1900000181.xlsx
XLSX spreadsheet 18 KB Posted
- Attached to
- DOC-Inmate Communications
- Solicitation number
- RFP 758 1900000181 5
- Issued by
- Bell County, Kentucky
About this file
This is an Addendum Two document containing the Commonwealth of Kentucky's Department of Corrections (KYDOC) responses to vendor deviations submitted for RFP 758 1900000181, which concerns inmate telecommunications services including voice, video visitation, and tablet-based services. The RFP addresses the Inmate Telephone System (ITS), Video Visitation System (VVS), and tablet services, requiring vendors to provide comprehensive hosted web-based solutions with installation, maintenance, and ongoing support throughout the contract term and specified periods thereafter. Key service requirements include video retention for ninety days online and one year total storage, five percent tablet spare inventory at each facility, private call handling with Kentucky Bar Association attorney database maintenance, and various system interface and reporting capabilities.
The Commonwealth's responses to vendor deviations address pricing, revenue sharing, data ownership, and operational procedures. KYDOC declined several vendor requests including modifications to the Minimum Annual Guarantee adjustment language, court judgment and debarment reporting timeframes, and data ownership clarifications, maintaining original contract language in these areas. The Commonwealth accepted modifications regarding video storage (allowing online-only storage rather than combined online/offline options), tablet spare inventory reduction from ten to five percent, call and MAG rate adjustment procedures requiring mutual party agreement, private call procedures involving Kentucky Bar Association coordination, and free session protocols with specified penalties and revenue accounting procedures. The Commonwealth also accepted carve-outs from gross revenue definitions for regulatory charges and approved pre-paid funding fees related to tablet transactions and applications.
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| Attachment L | Commonwealth Response to Vendor Deviations | |||||
| RFP 758 1900000181 | ||||||
| RFP Section/ Requirement Number | Document | Document Page Number | Vendor Deviation | Proposed Alternative Language | Purpose and Impact | Commonwealth Response |
| Section 50.10.a.ii ITS Revenue Share, Payment and Reporting | Attachment A - RFP | Page # 25 | Definition of conditions warranting change of Minimum Annual Guarantee | KYDOC reserves the right to, at the beginning of each year of the Initial Term, and for any renewal terms, to adjust the MAG amount to account for any increases or decreases in call volume outside the vendor’s control, such as material changes in KYDOC inmate population, or required calling rates. | Services requested require $millions in up-front investment and vendor's ability to fully understand material factors impacting financial return. |
| In addition, as known by KYDOC's consultant certain vendors' service programs complete more calls than others, and this additional volume is priced into financial offers. It would create an unfair playing field to penalize a vendor completing more calls by increasing the MAG solely for this reason. | The deviation is declined. The language will remain unchanged. | ||||||
| Section 50.26.b. & c. VVS Interface and Storage | Attachment A - RFP | Page # 46 | Video retention | KYDOC requires the retention of video visitation sessions online for ninety (90) days. The VVS shall store the sessions either on- or off-line for a period of one (1) year, and the audio component of video visitation sessions the life of the contract plus two (2) years after the termination of the contract. | The ability to store certain records offline does not materially reduce storage costs. Because video is exceptionally storage-intensive, we request this modification to improve our financial offer to the Commonwealth with only minor impact to data retention. | KYDOC is agreeable to the following language: |
KYDOC requires the retention of video visitation sessions online for ninety (90) days. The VVS shall store the sessions online for a period of one (1) year, and the audio component of video visitation sessions for the life of the contract plus two (2) years after the termination of the contract.
| Section 60.7.a.vi. Proposed Solution Content, a. Vendor Information, Subsections d) and g) | Attachment A - RFP | Page # 67 | Vendor information and disclosures | d.) Any and all court judgements against the Vendor in the past 3612-months. | To provide a better picture of vendors’ historical responsibility and to be consistent with the timeframe outlined in the same section, ix.? | The deviation is declined. The language will remain unchanged. |
| g) Any and all debarments, fines, penalties, or otherwise administrative or legal actions taken against the Vendor within the past 3612-months. | To provide a better picture of vendors’ historical responsibility and to be consistent with the timeframe outlined in the same section, ix.? | The deviation is declined. The language will remain unchanged. | ||||
| Section 50.29.i Tablet Installation Requirements | Attachment A - RFP | Page # 50 | Tablet spare inventory | KYDOC requires a sufficient 10% spare inventory of Tablets be stored at each Facility, not lower than 3%, to allow for prompt replacement of a broken or malfunctioning Tablet | 10% is an exceptionally high sparing ratio by industry standard and this cost must be passed on to the Commonwealth. In addition, proposed language allows sparing ratios to be customized to each site according to specific replacement rates. | KYDOC is agree agreeable to the following language: |
KYDOC requires 5% of spare inventory of Tablets be stored at each Facility to allow for prompt replacement of a broken or malfunctioning Tablet.
Section 30.6 RFP Attachment A 8 Remove first sentence of requirement. Vendor would grant KYDOC the right to utilize the software associated with Vendor's products within the scope of the Agreement during the term of the Agreement. The contract would be a concessionaire contract for the provision of hosted web-based services. The system, the applications, and related records, data, and information (excepting recorded communications, data provided by KYDOC, reports provided by Vendor to KYDOC and, if applicable, messages, for which KYDOC retains ownership) would remain Vendor's sole property.
| However, during the term of the contract and for a reasonable period of time thereafter, Vendor would provide KYDOC with reasonable access to requested records, including providing copies of such records which KYDOC may keep once provided. | Clarify data ownership. | Section 50.37.b.i defines what data KYDOC considers it's property as well as defines what is considered to be the Vendor's property. | ||
| Section 30.8 | RFP Attachment A | 9 | Vendor's software used to provide the services is typically licensed for agency use during the term of the Agreement, but not perpetually. |
| Similarly, we request removal of the escrow requirement as it would be impracticable for KYDOC to use the software without the accompanying support services provided by vendor. | Remove section | Clarify license terms; remove escrow requirement. | Section 30.8 has been removed. | ||||
| Section 50.8(d) | RFP Attachment A | 24 | Call rate changes should be agreed. | If agreed by the parties, Vendor will implement adjustments in the Rates requested by KYDOC within ten (10) calendar days of said request, subject to regulatory approval. | Provide for party agreement for rate changes. | KYDOC is agreeable to the following language: |
If agreed by the parties, Vendor will implement any adjustments in the Rates requested by KYDOC within ten (10) calendar days of said request, subject to regulatory approval.
| Section 50.10(a)(ii) | RFP Attachment A | 25 | MAG changes should be agreed. | If agreed by the parties, KYDOC reserves the right to, at the beginning of each year of the Initial Term and for any renewal terms, request adjustment of the MAG amount to account for any increases or decreases in call volume or required calling rates. | Provide for party agreement for MAG changes. | The deviation is declined. The language will remain unchanged. |
| Section 50.16(a) | RFP Attachment A | 38 | Clarification of procedures regarding private calls. | Vendor will import private numbers designated as such by KYDOC. With approval and input from KYDOC, Vendor will utilize input from available Kentucky Bar Association lists and import the numbers into the ITS as "do not record." Vendor shall maintain and update the attorney database on an annual basis and provide written documentation to KYDOC of the annual update. | KYDOC has input on the numbers that are designed as private within the system. | KYDOC is agreeable to the following language: |
Vendor will import private numbers designated as such by KYDOC. With approval and input from KYDOC, Vendor shall obtain a listing of attorneys and associated telephone numbers from the Kentucky Bar Association and import the numbers into the ITS as "do not record." Vendor shall maintain and update the attorney database on an annual basis and provide written documentation to KYDOC of the annual update.
Section 50.20 RFP Attachment A 41-43 Request that gross revenue carve outs in Section 50.10(g-h) (funding fees, taxes) also be applicable to video visitation Add language:
The following shall not be included within the definition of "gross revenue"
(a) Pre-Paid Funding Fees. Pre-paid funding fees are defined as fees imposed on parties who set up and/or fund a pre-paid account with Vendor or a third party (i.e. Western Union) to accept communications. The pre-paid funding fee shall not be applied on a per-communication basis. All pre-paid funding fees must be approved by KYDOC and are subject to the penalty defined above if not approved in advance. The KYDOC approved pre-paid funding fees are specified in Attachment B - Cost Proposal Form.
(b) Required regulatory charges and taxes that are intended to be paid by the paying party and then remitted one-hundred (100%) percent by the billing party to the appropriate governmental agency. Clarify gross revenue definition. The deviation is declined. The language will remain unchanged.
Funding fees for video visitation are not applicable to this RFP, therefore the requested language is not necessary. Should funding fees for video visitation be relevant at a later date, KYDOC may consider adding the requested language as specified in Section 50.20.e.
Section 50.20 RFP Attachment A 41-43 Clarification of free SVV sessions similar to ITS Add language:
A “Free” session shall be defined as a video visitation session not generating any revenue or compensation for Vendor. Certain sessions designed by KYDOC shall not generate revenue or compensation for Vendor. Only those sessions designated by KYDOC shall be marked as “Free” and designated as such. In the event Vendor receives revenue or compensation, notwithstanding the source, from any third party related to a completed free session, such revenue shall be included in Gross Revenue and KYDOC and Vendor shall mutually agree on the method of compensation associated with the completed free session. Protocol for free SVV sessions. A "Free" video visitation session shall be defined as a video visitation session not generating any revenue or compensation for the Vendor. Visits that appear on the free visit list supplied by KYDOC, shall not generate revenue or compensation for Vendor. Only those visits designated by KYDOC on the free visit list shall be marked as "free" in the VVS and designated as such in the video visitation records. In the event Vendor receives revenue or compensation, notwithstanding the source, from any third party related to a completed free video visitation session, such revenue shall be included in Gross Revenue and KYDOC and Vendor shall mutually agree on the method of compensation associated with the completed free visit.
i. In the event Vendor completes an unauthorized free video visitation session, Vendor shall incur a fine of five dollars ($5.00) for each visit. KYDOC shall provide Vendor with an invoice for the total fine due for the unauthorized free visits, for which Vendor shall remit payment to KYDOC within thirty (30) days.
See Section 50.20.g.i and 50.20.g.ii.
Section 50.28 RFP Attachment A 48-50 Request that gross revenue carve outs in Section 50.10(g-h) (funding fees, taxes) also be applicable to tablets The following shall not be included within the definition of "gross revenue"
(a) Pre-Paid Funding Fees. Pre-paid funding fees are defined as fees imposed on parties who set up and/or fund a pre-paid account with Vendor or a third party (i.e. Western Union) to pay for Vendor services. The pre-paid funding fee shall not be applied on a per-communication basis. All pre-paid funding fees must be approved by KYDOC and are subject to the penalty defined above if not approved in advance. The KYDOC approved pre-paid funding fees are specified in Attachment B - Cost Proposal Form.
(b) Required regulatory charges and taxes that are intended to be paid by the paying party and then remitted one-hundred (100%) percent by the billing party to the appropriate governmental agency. Clarify gross revenue definition. KYDOC agrees to the following language:
Notwithstanding the foregoing, Gross Revenue does not include the following items:
a. A "Free" transaction or application shall be defined as a transaction or application not generating any revenue or compensation for Vendor. KYDOC approved "Free" tablet transactions or applications shall not generate any revenue or compensation for Vendor and shall not be eligible for revenue share to KYDOC. If Vendor receives revenue or compensation, notwithstanding the source, from any third party related to free transaction or applications, such revenue shall be included in Gross Revenue and KYDOC and Vendor shall mutually agree on the method of compensation associated with the completed free transaction.
b. Regulatory required charges and taxes that are intended to be paid by the end-user or inmate and then remitted one-hundred (100%) percent by the billing party to the appropriate governmental agency.
See Section 50.28.a.i and 50.28.a.ii.
| Section 50.37(b)(i) | RFP Attachment A | 56 | Clarify data ownership | Vendor acknowledges that the call, visitation, and video recordings contained in the ITS, VVS and Tablet systems and reports provided to KYDOC are the property of KYDOC. KYDOC acknowledges that the ITS, VVS and Tablet hardware and software are the property of Vendor. | Clarify data ownership. See also proposed change to Section 30.6. | The deviation is declined. The language will remain unchanged. |
| Section 50.37(b)(ii) | RFP Attachment A | 56 | Clarify data ownership | The call, visitation, and video recordings for each Facility and reports provided to KYDOC shall be provided to KYDOC on a storage medium acceptable to KYDOC and in a user-friendly, searchable and electronic format at no cost to KYDOC within fifteen (15) days following the expiration and/or cancellation of the Contract. Vendor shall accept KYDOC’s reasonable decision whether the solution provided is acceptable. | Clarify data ownership. | The deviation is declined. The language will remain unchanged. |
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