CN-700000-19024.pdf

REQUEST FOR PROPOSALS (RFP)

FOR

ON-SITE PRISON RAPE ELIMINATION ACT (PREA)

FORENSIC MEDICAL EXAMINATIONS

FDC RFP-19-010

RELEASED ON

January 22, 2019

By the:

Florida Department of Corrections

Bureau of Procurement

501 S. Calhoun Street

Tallahassee, FL 32399-2500

(850) 717-3700

Refer ALL Inquiries to

Procurement Officer:

Charlotte Shorter-Rumlin purchasing@fdc.myflorida.com

EXHIBIT A

mailto:purchasing@fdc.myflorida.com

FDC RFP-19-010

TABLE OF CONTENTS

TIMELINE

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Background

1.2 Statement of Purpose

1.3 Definitions

1.4 Overview

1.5 Contract Term and Renewal

1.6 Pricing Methodology

1.7 Conflicts and Order(s) of Precedence

SECTION 2.0 SCOPE OF WORK

2.1 Scope of Services

2.2 Rules and Regulations

2.3 Department Responsibilities

2.4 Administrative Requirements

2.5 Vendor Requirements

2.6 Facility Locations and Service Times

2.7 Vendor Staff Requirements

2.8 Vendor Staffing Qualifications and Credentials…………………………………………………. 13

2.9 Value-Added Services

2.10 Conduct and Safety Requirements

2.11 Staff Background/Criminal Records Checks

2.12 Deliverables

2.13 General Reporting Requirements…

2.14 Performance Measuring and Performance Monitoring

2.15 HIPAA Business Associate Agreement

2.16 Public Records

2.17 Financial Specifications

2.18 Vendor Ombudsman

2.19 Modification after Contract Execution

SECTION 3.0 - PROCUREMENT RULES AND INFORMATION

3.1 General Instructions to Respondents (PUR 1001)

3.2 Vendor Inquiries

3.3 Cost of Proposal Preparation

3.4 Identical Tie Proposals

3.5 Instructions For Proposal Submittal

3.6 Project Proposal Format and Contents

3.7 Response Opening

3.8 Evaluation Criteria

3.9 Disclosure of Response Contents

3.10 Basis of Award

3.11 Posting of Notice of Agency Decision

3.12 Rules for Withdrawal

3.13 Rejection of Proposals

3.14 Addenda

3.15 Verbal Instructions Procedure

3.16 No Prior Involvement and Conflict of Interest

3.17 State Licensing Requirements

3.18 MyFloridaMarketPlace (MFMP) Registration

3.19 Travel Expenses

3.20 Confidential, Proprietary, or Trade Secret Material

3.21 Utilization of E-Verify

3.22 Vendor Substitute W-9

3.23 Scrutinized Companies Certification

3.24 Disposal of Proposals

3.25 Protest Procedures

3.26 Non-Mandatory Pre-Proposal Conference ................…………………………………………. 35

SECTION 4.0 SPECIAL CONDITIONS

4.1 General Contract Conditions (PUR 1000)

4.2 State Initiatives

4.3 Subcontracts

4.4 Insurance

4.5 Copyrights, Right to Data, Patents and Royalties

4.6 Independent Contractor Status

4.7 Assignment

4.8 Severability

4.9 Use of Funds for Lobbying Prohibited

4.10 Reservation of Rights

4.11 Convicted Felons

4.12 Americans with Disabilities Act (ADA)

4.13 Employment of Department Personnel

4.14 Legal Requirements

4.15 Governing Law and Venue

4.16 Prison Rape Elimination Act (PREA)

4.17 Termination

4.18 Retention of Records

4.19 Indemnification

4.20 Inspector General

ATTACHMENT I Service Site Locations ATTACHMENT II Cost Proposal Sheet ATTACHMENT IIII Business Associate Agreement For HIPAA ATTACHMENT IV Certification/Attestation Form ATTACHMENT V Business Reference Form ATTACHMENT VI Reference Questionnaire ATTACHMENT VII Evaluation Criteria ATTACHMENT VIII Certification of Drug Free Workplace Program...…………………………62 ATTACHMENT IX Vendor’s Contact Information ............................................................ …63 ATTACHMENT X Security Requirements for Contractors……………………….………...…64

TIMELINE

FDC RFP-19-010

EVENT DUE DATE LOCATION

Release of RFP January 22, 2019 Vendor Bid System (VBS):

http://vbs.dms.state.fl.us/vbs/main_menu

Pre-Proposal Conference

(non-mandatory)

January 30, 2019 10:00 a.m., Eastern Time

Florida Department of Corrections Charlotte Shorter-Rumlin, Procurement Officer 501 South Calhoun Street Tallahassee, Florida 32399

Call-in Telephone Number: (888) 585-9008 Participant Code 701874802

Last day for written inquires to be received by the Department

February 8, 2019 prior to 5:00 p.m., Eastern Time

Submit to:

Florida Department of Corrections Bureau of Procurement purchasing@fdc.myflorida.com

Anticipated Posting of written responses to written inquires March 8, 2019

Vendor Bid System (VBS):

http://vbs.dms.state.fl.us/vbs/main_menu

Sealed Proposals Due and Opened

March 21, 2019 Must be received prior to 2:00 p.m., Eastern Time

Florida Department of Corrections Charlotte Shorter-Rumlin, Procurement Officer 501 South Calhoun Street Tallahassee, Florida 32399

Evaluation Team Meeting

March 28, 2019 at 10:00 a.m., Eastern Time

Florida Department of Corrections 501 South Calhoun Street Tallahassee, Florida 32399

Anticipated Posting of Recommended

Award

May 9, 2019 Vendor Bid System (VBS):

http://vbs.dms.state.fl.us/vbs/main_menu http://vbs.dms.state.fl.us/vbs/main_menu mailto:purchasing@fdc.myflorida.com http://vbs.dms.state.fl.us/vbs/main_menu

SECTION 1.0 – INTRODUCTORY MATERIALS

1.1 Background

Section 945.025, Florida Statutes (F.S.), gives the Florida Department of Corrections

(Department) responsibility for the supervision, protective care, custody, and control of the buildings, grounds, property, and all other matters pertaining to facilities and programs for the imprisonment, correction, and rehabilitation of adult inmates and offenders. The Department is the third (3rd) largest state prison system in the country, with approximately 98,000 Inmates and nearly 140,000 offenders on active community supervision. The Department has over 149 facilities statewide, including: 50 major institutions, 17 institutional annexes, seven (7) private prisons (operated by the Florida

Department of Management Services and not included in the services procured under this RFP), 33 work camps, four (4) road prisons, one (1) forestry camp, one (1) boot camp, 18 contracted community release centers, 12 Department-run community release centers, and three (3) reentry centers.

The Department also has the responsibility of providing Inmates with a safe environment, free of sexual abuse, sexual battery, and sexual harassment. The Department has established a zero-tolerance policy for all forms of sexual abuse, sexual battery and sexual harassment, pursuant to the Prison Rape Elimination Act (PREA) of 2003. The PREA was passed on September 4, 2003. The purpose of this Act is to analyze the incidence and effects of prison rape in Federal, State, and local institutions and to provide information, resources, recommendations, and funding to protect individuals from prison rape.

On May 17, 2012, the U.S. Department of Justice (USDOJ) released the final PREA standards for prisons and jails. The Rule released in 2012 marked the USDOJ’s first effort to establish standards to protect, detect, and respond to sexual abuse and sexual harassment, and referred to the Code of Federal Regulations (C.F.R.), Title 28, Chapter 1, Part 115, National Standards, under the PREA of 2003. The Rule included 43 operational standard requirements for prisons and jails.

1.2 Statement of Purpose

The Department is requesting Proposals from qualified, responsive and responsible Vendors, for the provision of on-site PREA forensic medical examination services for Inmate victims of sexual battery, at the Department’s correctional institutions and related facilities.

The Department is requesting Proposals from qualified Vendors, who have a minimum of two (2) years’ experience providing PREA forensic medical examinations, or similar services, within the last five (5) years, to the criminal justice population.

The Department intends to establish a Contract for the services outlined in this RFP.

1.3 Definitions

The following terms used in this RFP, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.3.1 Alleged Perpetrator: An individual under suspicion of perpetrating or committing an illegal, or criminal act.

1.3.2 Breach of Contract: A failure of the Vendor(s) to perform in accordance with the terms and conditions of the resultant Contract.

1.3.3 Centers for Disease Control (CDC): The leading national public health institute of the United States.

1.3.4 Chain of Custody: The chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of physical or electronic evidence.

1.3.5 Contract: The resulting agreement between the successful Vendor and the Department.

1.3.6 Contract Non-Compliance: Failure to meet or comply with any requirement or term of the resultant Contract.

1.3.7 Corrective Action Plan (CAP): A Vendor’s written comprehensive plan to remedy deficiencies discovered in the course of Contract monitoring and/or discovered at any time during the term of the Contract.

1.3.8 DC Number: The Department’s Identification Number, assigned to an offender or an Inmate.

1.3.9 Deliverables: Those services, items, and/or materials provided, prepared and delivered to the Department in the course of Contract performance.

Deliverables are specifically described in Section 2.12 of this RFP.

1.3.10 Department: The Florida Department of Corrections (FDC).

1.3.11 Evaluation Methodology: The process utilized by the Department to evaluate the portions of each Proposal against pre-determined, established evaluation criteria, in order to determine scores and final ranking of qualified Vendors.

1.3.12 HIPAA: The Administrative Simplification provisions of the Health Insurance

Portability and Accountability Act of 1996 (HIPAA, Title II) requiring the

Department of Health and Human Services (HHS) to establish national standards for electronic health care transactions and national identifiers for providers, health plans, and employers. It also addresses the security and privacy of health data. The Contractor shall comply with HIPAA, 1996 (42

U.S.C. 1320d-1329d-8), and all applicable regulations.

1.3.13 Inmate: An individual that is incarcerated by the Department.

1.3.14 Limited English Proficiency (LEP): Individuals who do not speak English as their primary language, and who have a limited ability to read, speak, write, or understand English.

1.3.15 Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the Vendor to be responsive to this solicitation. Failure to meet these responsiveness requirements will cause rejection of a Proposal. Any Proposal rejected for failure to meet mandatory responsiveness requirements will not be further evaluated.

1.3.16 Material Deviations: A deviation that the Department, at its sole discretion, has found to be out of substantial accord with this RFP’s requirements, provides a substantial advantage to other Vendors has a potentially significant effect on the quantity or quality of items proposed, or on the cost to the Department. Material deviations cannot be waived and shall be the basis for rejection of a Proposal.

1.3.17 Medical Practitioner: A health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice.

1.3.18 Minor Irregularity: A variation from the RFP terms and conditions that does not affect the price of the Proposal, does not give the Vendor an advantage or benefit not enjoyed by the other Vendors, and does not adversely affect the interests of the Department. A minor irregularity will not result in a rejection of a Proposal.

1.3.19 Officer In Charge (OIC): The Department’s Correctional Officer Captain or Correctional Officer Lieutenant who is responsible for the operations and activities of a shift.

1.3.20 Prison Rape Elimination Act (PREA): Part 115 of Title 28 C.F.R., National Standards to Prevent, Detect, and Respond to Prison Rape, under the “Prison Rape Elimination Act of 2003.” The Act provides for analysis of the incidence and effects of prison rape in federal, state, and local institutions, and for information, resources, recommendations, and funding to protect individuals from prison rape.

1.3.21 PREA Coordinator: The Department employee, in the Office of Institutions, assigned to develop, implement, and oversee the Department’s efforts to comply with PREA standards.

1.3.22 PREA Compliance Manager: The Department employee at each facility assigned to implement and oversee the Department’s efforts to comply with PREA standards.

1.3.23 Qualified Medical Practitioner: A professional who has successfully completed specialized training for treatment of victims of sexual abuse.

1.3.24 Registered Nurse (RN): A nurse who holds, at minimum, a nursing diploma or an Associate’s Degree in Nursing (ADN), has passed the NCLEX-RN exam administered by the National Council of State Boards of Nursing (NCSBN), and has met all the other licensing requirements mandated by their state’s board of nursing.

1.3.25 Responsible Vendor: A Vendor who has the capability in all respects to fully perform the Contract requirements, and the integrity and reliability that will assure good faith performance.

1.3.26 Responsive Proposal: A Proposal, submitted by a responsive and responsible Vendor that conforms in all material respects to the solicitation.

1.3.27 Sexual Assault Forensic Examiner (SAFE): An RN who has completed specialized education and clinical preparation in the medical forensic care of a patient who has experienced sexual assault or abuse.

1.3.28 Sexual Assault Nurse Examiner (SANE): An RN who has received special training and is qualified to provide comprehensive care to sexual assault victims. In addition, this RN holds credentials to conduct forensic examinations and may provide expert testimony, if a case goes to trial.

1.3.29 Sexual Battery: Nonconsensual oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the oral, anal, or vaginal penetration of another by any other object. Sexual battery does not include an act done for bona fide medical purposes. Any Inmate, employee, volunteer, or contractor who commits a sexual battery may be criminally prosecuted pursuant to Chapter 794, F.S.

1.3.30 Subcontract: An agreement entered into by the Vendor with any other person or organization that agrees to perform any performance obligation for the Vendor specifically related to securing or fulfilling the Vendor’s obligations to the Department under the terms of the resultant Contract.

1.3.31 Value-Added Services: Additional services the Vendor may offer to provide to the Department, in addition to providing services that meet the minimum services requirements and specifications of this RFP, offered at no additional cost to the Department.

1.3.32 Vendor or Respondent: A legally qualified corporation, partnership or other entity submitting a response to the Department, pursuant to this RFP.

1.3.33 Victim: A person harmed, injured, or killed as a result of a crime, accident, or other event or action.

1.3.34 Victim Advocate: A professional that is trained to support victims of crime.

1.4 Overview

Under the supervision of the Department’s Office of Institutions, the PREA Coordinator is responsible for creating and implementing policies, procedures, and practices to ensure the Department’s Statewide compliance with the Title 28, CFR, Chapter 1, Part 115.21, which requires the Department offer all victims of sexual abuse access to forensic medical examinations, whether on-site or at an outside facility, without financial cost, where evidentiary or medically appropriate. The Department’s goal is to achieve overall Statewide compliance with PREA standards, and create a safe environment, free from sexual abuse, sexual battery and sexual harassment.

1.5 Contract Term and Renewal

As a result of this RFP, the highest-scoring responsive, and responsible Vendor will be awarded a three (3) year Contract, which may be renewed for up to three (3) renewal years, or portions thereof, in accordance with Section 287.057(13), F.S., at the same prices, terms and conditions.

1.6 Pricing Methodology

The Vendor shall provide a cost for the services requested herein using Attachment II, Cost Proposal Sheet. The pricing shall be evaluated based on the lowest Grand Total Price. The Department will verify all price calculations, and may correct mathematical errors. In the case of an error, unit prices shall prevail.

1.7 Conflicts and Order(s) of Precedence

All Proposals are subject to the terms of the following sections of this RFP, which in case of conflict shall have the following order of precedence:

a) Addenda, in reverse order of issuance

b) Request for Proposal, including attachments

c) General Contract Conditions (Form PUR 1000) (Section 4.1)

d) General Instructions to Respondents (Form PUR 1001) (Section 3.1)

Section 2.0 – Scope of Work

2.1 Scope of Services

This Section contains the Scope of Services required in the Contract that may be executed as a result of this RFP. By submitting a Proposal, each Vendor specifically acknowledges and agrees that in addition to all requirements noted elsewhere in this RFP, all requirements referencing “Vendor” contained within the Scope of Service below will be applicable to the Vendor should they be awarded.

All services to be performed by, or under the direction of the awarded Vendor, under any resultant Contract, shall meet or exceed the minimum requirements outlined in this RFP.

2.2 Rules and Regulations

2.2.1 All services provided must meet all applicable local, State, and Federal ordinance, laws, rules and regulations governing the operation of the PREA forensic examination services. In addition, all services shall be provided in accordance with all Rules of the Department, as contained in Chapter 33, Florida Administrative Code (F.A.C.), and any applicable Department procedures or guidelines, as specified in any resulting Contract, and any subsequent development, revisions and/or amendments thereto. Should any laws, standards, rules or regulations, or Department procedures change during the course of the resulting Contract, the updated versions will take precedence.

2.2.2 The laws, rules, and regulations referenced in this solicitation are incorporated herein by reference and will be made a part of the resulting

Contract. The Department reserves the exclusive right to make any and all determinations which it deems are necessary to protect the best interests of the State, and the health, safety, and welfare of the Department’s Inmates, and of the general public which is served by the Department, either directly or indirectly, through these services. The failure of the Department to set forth a specific reservation of rights, as to any particular provision regarding services to be performed under the resulting Contract, does not negate the Department’s reservation of rights, and does not mean that any provision regarding the services to be performed under the resulting Contract is subject to a requirement that the parties mutually agreed upon.

2.2.3 The specific rules, procedures, and regulations identified below or elsewhere in this section are not listed to the exclusion of any other rules, procedures, and regulations required throughout the resulting Contract. The Department will monitor the Vendor’s performance to ensure compliance with all rules, regulations, and requirements contained herein.

2.2.4 The Vendor and the Department shall work cooperatively to ensure service delivery in complete compliance with all such mandates and requirements.

2.2.5 All services provided under any resulting Contract must meet the applicable requirements of Title 28 C.F.R. Part 115; PREA Standards; Title 42 C.F.R.

Part 2; Health Insurance Portability and Accountability Act of 1996 (HIPAA), Standards for Privacy of Individually Identifiable Health Information, Title 45 C.F.R., Parts 160, 162 and 164; Chapter 944 F.S.; and Chapter 33 F.A.C.

Should licensing or program requirements change during the course of any resulting Contract, the updated regulations and requirements will take precedence. The above laws, rules, and regulations are incorporated herein by reference and made part of any resulting Contract.

2.2.6 The Vendor shall pay for all costs associated with local, State, or Federal licensing, permits, and certifications to provide PREA forensic medical examination services. All required licensing and certifications shall be current, maintained on-site, and a copy of such shall be submitted to the Department’s Contract Manager, or designee, upon request.

2.2.7 The Vendor shall comply with the Department’s policy regarding “Non- Discrimination,” which states, “No person on the grounds of race, creed, color, national origin, age, gender, marital status or disability, shall be excluded from participation in, be denied the benefits or the proceeds of, or be otherwise subjected to, discrimination in the performance of any Contract.”

2.3 Department Responsibilities

2.3.1 The Department will make available to the Vendor, upon request, all records related to the PREA forensic medical examinations, if such records are not otherwise protected from disclosure by law.

2.3.2 The Department will provide, upon execution of the resulting Contract, a copy of all Department forms necessary to comply with Section 2.13, General Reporting Requirements.

2.4 Administrative Requirements

2.4.1 The Department will not provide any administrative functions or office support to the Vendor (e.g., clerical assistance, office supplies, telephone equipment and service, copiers, fax machines, and preparation of documents), except as indicated in this RFP.

2.4.2 The Vendor shall furnish its own supportive services (e.g., secretarial or clerical staff) and all supplies (office, administrative, etc.).

2.5 Vendor Requirements

The Vendor shall provide the Department with on-site PREA forensic medical examination services, for all Department correctional institutions and related facilities, in accordance with Title 28 C.F.R. Part 115, PREA, including, but not limited to, the following:

2.5.1 The Vendor shall provide fair and professional services to all Department facilities.

2.5.2 The Vendor shall provide PREA forensic medical examinations to victims, and if appropriate, alleged perpetrators, for all allegations of oral or anal penetration, if the incident occurred within 72 hours of the Department’s knowledge of an occurrence.

2.5.3 The Vendor shall ensure all examinations are performed by an RN that holds a SAFE and/or SANE certification. If an RN with a SAFE or SANE certification cannot be made available, the exam can be performed by other Qualified Medical Practitioners.

2.5.4 The PREA forensic medical examination shall consist of the assessment, documentation, and collection of evidence as outlined in the Attorney General’s “Adult and Child Sexual Assault Protocols: Initial Forensic Physical Examination.” This may include, but not be limited to:

a. Clothing evidence examination and collection;

b. General physical examination;

c. Photographic evidence collection;

d. Dried fluids evidence collection

e. Wet fluids evidence collection;

f. Pubic hair evidence collection/combing;

g. Oral swabs;

h. Buccal swabs;

i. Vaginal swabs;

j. Cervical swabs;

k. Penile swabs;

l. Anal/rectal swabs;

m. Fingernail scraping evidence collection;

n. Bite marks evidence collection;

o. Whole blood specimen collection;

p. Toxicology screening;

q. Sealing of the evidence kit and securing the evidence; and

r. Documenting information on the Inmate’s medical record.

2.5.5 The Vendor shall be responsible for completing all forms pursuant to the Florida Department of Law Enforcement’s (FDLE) “Sexual Assault Kit Form for Healthcare Providers.”

2.5.6 The Vendor shall arrive on-site at the facility immediately, but not more than four (4) hours from the initial call for services.

2.5.7 The Vendor shall be responsible for supplying the FDLE evidence kits and any other necessary supplies to conduct the forensic examination.

2.5.8 The Vendor shall recommend, but not provide, any additional medical testing or treatment as indicated by Centers for Disease Control (CDC) standards.

2.5.9 The Vendor shall ensure the chain of custody and all evidence collected is released to the Department’s Office of Inspector General (OIG), or approved Department designee.

2.5.10 The Vendor shall document each forensic medical examination utilizing the Department’s form titled “Alleged Sexual Battery Protocol (Form DC4- 683M).” The Form DC4-683M and any additional assessment forms will remain at the Department’s correctional institution or facility for filing in the Inmate’s medical record.

2.5.11 The Vendor shall ensure that if an Inmate requests a victim advocate be present that they not perform the examination until the advocate is present.

2.5.12 The Vendor shall explain the procedure to the Inmate in a language that they can understand, prior to conducting the examination. This shall include American Sign Language (ASL).

2.5.13 The Vendor shall ensure any Inmate who is Limited English Proficient (LEP) and/or disabled is able to understand directions and the exam procedure.

The Vendor shall contact the Department’s Officer In Charge (OIC) if a translator is necessary.

2.5.14 The Vendor shall not interfere with security procedures and will defer to the Department’s OIC regarding any security concerns/issues.

2.6 Facility Locations and Service Times

2.6.1 Facility Locations

All on-site PREA forensic medical examinations shall be performed at the Department’s correctional institutions, and related facilities, as listed in Attachment I, Facility Locations.

2.6.2 Service Times

The Vendor shall be available to provide services on an as needed basis, 24 hours a day, seven (7) days a week, as requested by the Department’s PREA Compliance Manager, or designee, and/or the Department’s OIC at each of the correctional institutions or related facilities.

2.7 Vendor Staff Requirements

2.7.1 General Staff Requirements

2.7.1.1 The Vendor shall have direct oversight and responsibility for the performance of all its staff. The Vendor shall monitor the performance of all its staff ensuring that they follow the staffing requirements to support the resultant Contract.

2.7.1.2 The Vendor’s staff shall liaise with, and maintain a good working relationship with, Department staff, and others working with the Department.

2.7.1.3 The Vendor shall provide a list of all its staff who will be providing services in the resultant Contract, to include job titles and descriptions, within 10 business days of resulting Contract execution.

2.8 Vendor Staffing Qualifications and Credentials

2.8.1 The Vendor shall ensure that all staff performing examinations hold, at a minimum, an active RN license.

2.8.2 The Vendor shall ensure that all licensed RNs performing examinations under the resulting Contract, hold a SAFE and/or SANE training certification.

2.8.3 All Vendor staff assigned to provide services under the resulting Contract shall be subject to approval by the Department. Individuals previously terminated (for cause) at any time by the Department may not be employed, or provide services, under any resulting Contract.

2.9 Value-Added Services

Value-added services are services that the Vendor offers, for no additional cost to the Department or Inmate, as part of the resulting Contract, and which clearly exceed the minimum requirements of this RFP.

Any value-added services offered by the Vendor, if accepted by the Department, might become requirements and be a part of the minimum service specifications contained in the resulting Contract.

Proposals shall include a detailed description of any value-added services the Vendor is offering the Department. An example would be, “the Vendor will provide victim counseling services.” These services would be in addition to those services that meet the minimum service requirements and specifications of this RFP.

2.10 Conduct and Safety Requirements

2.10.1 The Vendor’s Proposal shall include a detailed written description of how it will orient and monitor employee compliance regarding conduct and safety requirements.

2.10.2 The Vendor shall ensure that all its staff adhere to, and are provided a copy of, these requirements. A signed receipt of acknowledgment shall be maintained in each of the Vendor’s staff employee personnel file(s). The Department reserves the right to disqualify, prevent, or remove any staff from any work under the resultant Contract. The Department is under no obligation to inform the Vendor of the criteria for disqualification or removal.

2.10.3 In addition, the Vendor shall ensure all staff adhere to the following requirements:

a. The Vendor’s staff shall not display favoritism to, or preferential treatment of, one Inmate, or group of Inmates, over another.

b. The Vendor’s staff shall not communicate with any Inmate except in a relationship that supports services under any resulting Contract.

Specifically, staff members must never accept, for themselves or any member of their family, any personal (tangible or intangible) gift, favor, or service from an Inmate, or an Inmate’s family or close associate, no matter how trivial the gift or service may seem. The Vendor shall report any violations or attempted violation of these restrictions to the Department’s Contract Manager, or designee. In addition, no staff member shall give any gifts, favors, or services to Inmates, members of their family, or close associates.

c. The Vendor’s staff shall not enter into any business relationship with Inmates or their families (example – loans, selling, buying, renting, leasing, or trading personal property), or personally employ Inmates, or their families, in any capacity. Unless approved in writing by the Department’s Contract Manager, or designee, the Vendor’s staff shall not have outside contact (other than incidental contact) with an Inmate, their family or close associates, except for those activities completed under the resulting Contract.

d. The Vendor’s staff shall not engage in any conduct which is criminal in nature, or which would bring discredit upon the Vendor or the Department. In providing services pursuant to the resulting Contract, the Vendor shall ensure its employees avoid both misconduct and the appearance of misconduct.

e. Any violation, or attempted violation of the restrictions referred to in this Section regarding employee conduct, shall be reported by phone and in writing to the Department’s Contract Manager, or designee, including proposed action to be taken by the Vendor. Any failure to report a violation, or take appropriate disciplinary action against the offending party or parties, shall subject the Vendor to punitive action, up to and including termination of any resulting Contract.

f. The Vendor shall provide a written report of any incident described above, or requiring investigation by the Vendor, to the Department’s Contract Manager, or designee, within 24 hours of the Vendor’s knowledge of the incident.

2.10.4 Tuberculosis (TB) Screening/Testing

The Vendor shall ensure its staff performing services under any resulting

Contract at institutional sites are screened and/or tested for tuberculosis prior to the start of service delivery, as appropriate, and screened/tested annually thereafter, as required by Department Procedure 401.015, Employee

Tuberculosis Screening and Control Program. The Vendor shall provide the

Department’s Contract Manager, or designee, proof of testing prior to the start of service delivery by the staff member and annually thereafter. The

Vendor shall be responsible for obtaining the TB screening/testing. The

Vendor shall bear all costs associated with the TB screening/testing for its staff or any subcontractor staff.

2.11 Staff Background/Criminal Records Checks

2.11.1 The Vendor’s staff, assigned to perform work under the resultant Contract, shall be subject to a FDLE Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background criminal records check, at the Department’s discretion and expense. This background check will be conducted by the Department and may occur, or re-occur, at any time during the Contract period. The Department has full discretion to require the Vendor to disqualify, prevent, or remove any staff from any work under the resulting Contract. The use of criminal history records and information derived from such records are restricted pursuant to Section 943.054, F.S. The Department shall not disclose any information regarding findings or criteria for disqualification, or removal, to the Vendor. The Department shall not confirm to the Vendor the existence or nonexistence of any criminal history record information. In order to carry out this check, the Vendor shall provide, upon request, the following data for any employee or subcontractor of the Vendor, assigned to the Contract: Full Name, Race, Gender, Date of Birth, Social Security Number, Driver’s License Number, and State of Issue. If requested, the Vendor’s staff shall submit to fingerprinting by the Florida Department of Corrections for submission to the Federal Bureau of Investigation (FBI). The Vendor shall not consider new employees to be on permanent status until notified that the Department received a favorable report from the FBI.

2.11.2 The Vendor shall ensure that the Department’s Contract Manager, or designee, is provided the information needed to have the FCIC/NCIC background check conducted prior to any new staff being assigned work under the resultant Contract. The Vendor shall not offer employment to any individual, or assign any individual to work under the resulting Contract, who has not had an FCIC/NCIC background check conducted.

2.11.3 No person barred from any Department institution, or other Department facility, shall provide services under the resulting Contract without prior written approval from the Department’s Contract Manager, or designee.

2.11.4 It is the responsibility of the Vendor to advise the Department’s Contract Manager, or designee, of any known pre-existing close, personal relationships between staff and Inmates. Rule 33-208.002(26) F.A.C shall apply at the program, and stipulates that marriage between an employee and an Inmate be prohibited.

2.11.5 The Vendor shall not employ, or enter into any subcontract with, any individual under supervision or jurisdiction of any parole, probation or correctional authority, to provide services under the resulting Contract.

Persons under any such supervision may work for other elements of the Vendor’s agency independent of the Vendor’s relationship with the Department. This provision is intended to prevent any employee, under any such legal constraint, from having any contact with, or access to, any records of the Department sponsored Inmates participating in any programming.

a. The Vendor shall disclose any business or personal relationship a staff person, officer, agent, or potential hire may have with anyone presently incarcerated or under the supervision of the Department.

b. The Vendor shall immediately report any new arrest, criminal charges, or convictions of any employee assigned to perform work under the resulting Contract.

c. A felony or first-degree misdemeanor conviction, a plea of guilty or nolo contendere to a felony or first-degree misdemeanor crime, or adjudication of guilt withheld to a felony or first-degree misdemeanor crime does not automatically exclude the Vendor from hiring the proposed employee.

However, the Department reserves the right to prior approval in such cases. Generally, two (2) years with no criminal history is preferred for all hires. The Vendor shall require that all candidates and employees provide details of any criminal activity. The Vendor shall make a full written report to the Department’s Contract Manager, or designee, within three (3) calendar days whenever:

• An employee has a criminal charge filed against them;

• An employee is arrested;

• An employee receives a Notice to Appear for violation of any criminal law involving a misdemeanor, felony, or ordinance (except minor violations for which the fine or bond forfeiture is $200 or less);

• The Vendor, or any of their staff, has knowledge of any violation of the laws, rules, directives or procedures of the Department.

d. The Vendor shall comply with the Department’s Procedure 208.013, “Outside Employment,” when hiring current or former Department employees.

2.12 Deliverables

The following services or service tasks are identified as Deliverables for the purpose of any resultant Contract.

a. The Vendor shall perform on-site and/or off-site (as applicable) PREA forensic medical examination services, at all of the Department’s correctional institutions and related facilities; and

b. The Vendor shall provide a Monthly Summary Report, in accordance with Section 2.13, General Reporting Requirements.

2.13 General Reporting Requirements

The Vendor shall comply with all reporting requirements established by the Department. Reports shall be submitted in such a manner as to be understood by non-practitioners, and shall contain clear and practical recommendations. The Vendor shall submit and maintain all records and documentation on-site, and ensure they are available for review as requested by the Department, or as otherwise specified. The Department reserves the right to require ad-hoc and/or additional reporting requirements, as necessary.

The Vendor’s Proposal shall provide a detailed description of how it will meet the reporting requirements for the report described below. This description shall list any non-Department forms to be utilized to meet the requirements.

2.13.1 Monthly Summary Report: The Vendor shall provide a Monthly Summary Report to the Department’s Contract Manager, or designee, by the seventh (7th) calendar day of each month following the month where services were provided. The following information should be included in the report for each examination:

• The Inmate’s name/DC number;

• Identification as to whether the Inmate was a victim or alleged perpetrator;

• Date of the examination;

• Call time the request for services was received;

• Time the Vendor arrived on-site at the facility;

• Facility where examination occurred;

• PREA number associated with the examination;

• Full name of nurse conducting the examination; and

• Any miscellaneous information that would be useful for the Department’s

PREA Coordinator, or any subsequent investigation.

2.14 Performance Measuring and Performance Monitoring

The Department desires to contract with a Vendor who clearly demonstrates its willingness to be held accountable for the achievement of certain Performance Measures in successfully delivering services under any Contract resulting from this RFP. Therefore, the Department has developed the following Performance Measures which shall be used to measure the awarded Vendor’s performance and delivery of services.

Listed below are the key Performance Outcomes, Measures, and Standards deemed most crucial to the success of the overall desired service delivery. The Vendor shall ensure that the stated performance outcomes and standards (level of achievement) are met.

2.14.1 Performance Measure #1 – Monthly Summary Report

Outcome: The Vendor shall provide a Monthly Summary Report for the previous month’s forensic medical examinations, in a Department approved format, via email, to the Department’s PREA Coordinator, or designee, no later than the seventh (7th) calendar day of each month following the month that services were provided.

Measure: The Monthly Summary Report shall be submitted to the Department’s Contract Manager, or designee, no later than the seventh (7th) calendar day of each month following the previous month that services were provided. Should the seventh (7th) calendar day fall on a Saturday, Sunday or Holiday, the Monthly Summary Report will be due the business day prior.

Standard: All Monthly Summary Reports shall be submitted no later than the seventh (7th) calendar day of each month following the month in which services were provided.

Financial If the Vendor fails to meet the performance measure Consequence: as outlined above, the Department shall assess financial consequences in the amount of $100.00 for each calendar day this Report is late after the seventh (7th) day of the month, until the time this Report is received.

2.14.2 Performance Measure #2 – Response Time

Outcome: The Vendor shall respond immediately to all requests for services, but no more than four (4) hours from the time of the initial call for service.

Measure: The Vendor shall include the initial call for service time, as well as the arrival time at the facility, in each Monthly Summary Report. The Department’s PREA Coordinator, or designee, will verify the accuracy of these times, via the control room log at the specified facility.

Standard: 98% of calls for services shall be responded to immediately or no more than four (4) hours from the time of the initial call for service is received.

Financial If the Vendor fails to meet the performance measure Consequence: as outlined above, the Department shall assess financial consequences in the amount of $500.00 for each percentage point, or portion thereof, less than 98%.

The standard for each Performance Measure must be met for the amount of time specified. The Vendor shall advise the Department, in writing, of any extenuating or mitigating circumstances that will prohibit them from meeting the above-outlined performance measure standards, and the Department’s Contract Manager, or designee, shall determine if reasons beyond the Vendor’s control contributed to the failed Performance Measure.

By responding to this RFP, the Vendor expressly agrees to the imposition of financial consequences, in addition to all other remedies available to the Department by law.

The Department’s Contract Manager, or designee, will provide written notice to the Vendor’s Representative of all financial consequences assessed, accompanied by detail sufficient for justification of assessment. Within 10 days of receipt of a written notice of demand for consequences due, the Vendor shall forward payment to the Department. Payment shall be for the appropriate amount, be made payable to the Department, and be in the form of a cashier’s check or money order. As an alternative, the Vendor may issue a credit, for the amount of the financial consequences due, on the next monthly invoice following imposition of consequences; documentation of the amount of consequences imposed shall be included with the invoice.

By execution of any resulting Contract, the awarded Vendor hereby acknowledges and agrees that its performance under the resulting Contract shall meet the standards set forth above. Any failure by the awarded Vendor to achieve the Performance Measures identified above will result in assessment of financial consequences. Any such assessment and/or subsequent payment thereof shall not affect the Vendor’s obligation to provide services as required by this RFP.

2.15 HIPAA Business Associate Agreement

The Vendor will be required to execute a HIPAA Business Associate Agreement, included as Attachment VI, and comply with all provisions of State and federal law regarding confidentiality of patient information.

2.16 Public Records

The Vendor agrees to: (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract if the Vendor does not transfer the records to the Department; and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Vendor or keep and maintain public records required by the Department to perform the service. If the Vendor transfers all public records to the Department upon completion of the Contract, the Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the Contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department. Pursuant to §287.058(1)(c), F.S, the Department is allowed to unilaterally cancel the Contract for refusal by the Vendor to allow public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with the Contract, unless the records are exempt from §24(a) of Art. I of the State Constitution and either §119.07(1), F.S. or §119.071, F.S.

The Vendor further agrees to hold the Department harmless from any claim or damage including reasonable attorney’s fees and costs or from any fine or penalty imposed as a result of failure to comply with the public records law or an improper disclosure of confidential information and promises to defend the Department against the same at its expense.

2.16.1 Audit Records: The Vendor agrees to maintain records and documents (including electronic storage media) in accordance with Generally Accepted Accounting Procedures and Practices (GAAP), which sufficiently and properly reflect all revenues and expenditures of funds provided by the Department under the resultant Contract, and agrees to provide a financial and compliance audit to the Department or to the Office of the Auditor General, and to ensure that all related party transactions are disclosed to the auditor.

2.17 Financial Specifications

2.17.1 Funding Source

This project is funded by General Revenue and is contingent upon annual appropriation by the Legislature.

2.17.2 Invoicing and Payment of Invoice

The resultant Contract will be at a fixed-rate per service deliverable. The Department will compensate the Vendor for services, as specified in Attachment II, Cost Proposal Sheet. All charges must be billed in arrears, in accordance with Section 215.422, F.S. The per service rate shall be inclusive of travel, mileage, and any Vendor-incurred fees.

The awarded Vendor agrees to request compensation on a monthly basis through submission of a properly completed invoice within 30 days following the month services were rendered. Invoices must be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices must be accompanied by the required reports outlined in Section 2.13, General Reporting Requirements, and shall be submitted to the Department’s Contract Manager, or designee, including all required information.

All invoices will be on the Vendor’s company letterhead and include the Vendor’s name, mailing address, contract number, invoice number, Federal Employer Identification Number (FEIN), unit rates, in accordance with the Cost Proposal Sheet, and dates of service. The date and time of services will be outlined on the invoice, as well as the facility name, Inmate’s name, Inmate’s DC number, whether the Inmate was the victim or perpetrator, the name of the RN performing the examination, and the PREA number.

The Vendor’s invoice shall not reflect a service charge for cancellations and refused examinations where the RN was not in route to the facility. The Vendor’s invoice shall reflect 75% of the contracted service rate for cancelled examinations or refused examinations where the RN was already on-site at the facility. The Vendor’s invoice shall reflect 50% of the contracted service rate for cancelled examinations or refused examinations where the RN was in route to the facility, but did not arrive on-site at the facility. All cancellations and refused examinations shall require documentation of such by the Department’s OIC and/or facility staff, and will need to be outlined appropriately in the invoice with supporting documentation attached to the invoice.

2.18 Vendor Ombudsman

A Vendor Ombudsman has been established within the Florida Department of Financial Services (DFS). The duties of this individual include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the Department of Financial Services’ Consumer Hotline at (850) 413-5516.

2.19 Modification after Contract Execution

During the term of the resultant Contract, the Department may unilaterally require changes (altering, adding to, or deducting from the specifications) provided such changes are within the general scope of this solicitation.

The Vendor may request an equitable adjustment in the price(s) or delivery date(s), if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of the Department.

The Department shall provide written notice to the Vendor 30 days in advance of any Department-required changes to the technical specifications, and/or scope of service, which affect the Vendor’s ability to provide the service as specified herein. Any changes, other than purely administrative changes, will require a written change order or formal Contract amendment.

Section 3.0 – Procurement Rules and Information

3.1 General Instructions to Respondents (PUR 1001)

The General Instructions to Respondents are outlined in form PUR 1001 is a downloadable document incorporated in this RFP by reference. Any terms and conditions set forth within this RFP document shall supersede any and all conflicting terms and conditions set forth within form PUR 1001. There is no need to return this document with the response.

The PUR 1001 is available at:

http://dms.myflorida.com/content/download/2934/11780.

3.2 Vendor Inquiries

Questions related to this RFP must be received, in writing via email, by the Procurement Officer listed below, within the time indicated in the Timeline.