ESBD_389286_1736448067027_RFP 2025-P06 Inmate Commissary Services.pdf

RFP 2025-P06 Inmate Commissary Services Page 1 of 49

SOLICITATION, OFFER

AND AWARD

Hays County Purchasing Office

712 S. Stagecoach Trail, Suite 1012 San Marcos, Texas 78666

Solicitation No.:

RFP 2025-P06 Inmate Commissary Services Date Issued: January 9, 2025

SOLICITATION

Vendors must submit bids as listed: One (1) original and one (1) digital copy on a thumb drive at the Hays County Purchasing Office at the address shown above or Electronically through BidNet Direct and one (1) hard copy at the Hays County Purchasing Office at the address shown above until:

10:00 a.m. local time January 30, 2025.

Proposals received after the time and date set for submission will be returned unopened.

For information please email:

purchasing@hayscountytx.gov

Questions concerning this RFP must be received in writing no later than 5:00

January 20, 2025.

Phone No.: (512) 393-2278

OFFER (Must be fully completed by Respondent)

In compliance with the above, the undersigned offers and agrees to furnish all items or services awarded at the prices stipulated for each item delivered at the designated point(s) and within the time specified herein. Award shall include all solicitation documents and attachments.

MANUALLY SIGN ALL COPIES SUBMITTED. SIGNATURE IS MANDATORY.

Respondent Respondent’s Authorized Representative Entity Name:

Mailing Address:

Name:

Title:

Email Address:

Phone No.:

Signature: Date:

Name, Email Address and Phone No. of person authorized to conduct negotiations on behalf of Respondent:

NOTICE OF AWARD (To be completed by County) Funding Source: Awarded as to item(s): Contract Amount:

Vendor: Term of Contract:

This contract issued pursuant to award made by Commissioners Court on:

Date: Agenda Item:

Important: Award notice may be made on this form or by other Authorized official written notice.

Hays County Judge

Date

Hays County Clerk Date mailto:purchasing@hayscountytx.gov

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Table of Contents

Solicitation, Offer and Award

I. RFP Submittal Checklist

II. Summary

III. Specifications

A. Introduction

B. Scope of Work

C. Inmate Commissary System Specifications

D. Commission/Percentage of Profit Returns and Inmate Pricing (Attachment A)

E. Schedule for Implementation of Product

F. Qualifications

G. Proposal Requirements

H. Submittal Requirements

I. Evaluation Criteria

J. Award of Contract

K. Warranty of Performance

IV. General Terms and Conditions for Solicitations

V. Vendor Reference Form

VI. Certificate of Interested Parties

VII. Conflict of Interest Questionnaire

VIII. Code of Ethics

IX. HUB Practices

X. House Bill 89 Verification

XI. Iran, Sudan, and Foreign Terrorist Organization Certification (TGC 2252)

XII. Israel Boycott Certification Form (TGC 271.002)

XIII. Prohibition of Energy Company Boycott Certification Form (TGC 2274)

XIV. Debarment and Licensing Certification

XV. Vendor/Bidder’s Affirmation

XVI. Federal Affirmation and Solicitation Acceptance

XVII. Related Party Disclosure Form

Attachment A: Inmate Price List of Top Sales & Commission Percent Attachment B: Questionnaire & Requirements

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I. RFP Submittal Checklist

This checklist is provided for the Vendor’s convenience and identifies documents that MUST be submitted for the bid/proposal to be considered responsive, as well as the required forms requested by Hays County.

A COMPLETE SOLICITATION RESPONSE PACKAGE INCLUDES:

The following forms MUST be returned for the bid/proposal to be considered responsive:

____ 1. Proposal & Solicitation, Offer and Award Form completed and signed

____ 2. Attachment A: Inmate Price List of Top Selling Items & Commission Percent

____ 3. Attachment B: Questionnaire & Requirements

____ 4. Vendor Reference Form

Required Forms by Hays County:

____ 1. Conflict of Interest Questionnaire

____ 2. Code of Ethics

____ 3. HUB Practices

____ 4. House Bill 89 Verification

____ 5. Iran, Sudan, and Foreign Terrorist Organization Certification (TGC 2252)

____ 6. Israel Boycott Certification (TGC 2271.002)

____ 7. Prohibition of Energy Company Boycott Certification (TGC 2274)

____ 8. Debarment & Licensing Certification

____ 9. Vendor/Bidder’s Affirmation

____ 10. Federal Affirmations and Solicitation Acceptance

____ 11. Related Party Disclosure Form

____ 12. System for Award Management (www.SAM.gov) Entity Registration Page

____ 13. Any addenda applicable to this solicitation

Hays County will accept bids/proposals, by the stated due date by one of the following methods:

____ 1. Electronic Submission of Bid Packet through BidNet Direct and one (1) hard copy delivered, within 24 hours of proposal due date, in a sealed envelope with the Solicitation Number and Vendor’s name on the outermost envelope addressed to: Hays County Purchasing, 712 S Stagecoach Trail, Suite 1012, San Marcos, TX 78666

OR

____ 2. One (1) original bid packet and one (1) digital copy on a thumb drive in a sealed envelope with the Solicitation Number and Vendor’s Name on the outermost envelope, addressed to:

Hays County Purchasing, 712 S Stagecoach Trail, Suite 1012, San Marcos, TX 78666 http://www.sam.gov/

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II. Summary

1. Type of Solicitation: Request for Proposals (RFP)

2. Solicitation Number: RFP 2025-P06

Inmate Commissary Service

3. Issuing Office: Hays County Purchasing Office 712 S. Stagecoach Trail, Suite 1012 San Marcos, TX 78666

4. Responses to Solicitation: Sealed proposals marked with Solicitation Number and Vendor Name on the outermost envelope Manual: One (1) Original and one (1) digital copy on a thumb drive, or

Electronic: Proposals can be submitted through BidNet Direct and one (1) hard copy is required to be received within 24 hours of due date.

5. Deadline for Responses: In issuing office no later than:

January 30, 2025; 10:00 a.m. Central Time (CT)

6. Initial Contract Term: March 1, 2025 – February 28, 2028

7. Optional Contract Term One (1) additional two (2) year term

8. Designated Contact: Hays County Purchasing Email: purchasing@hayscountytx.gov

9. Questions & Answers: Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later than January 20, 2025; 5:00 p.m. CT. Telephone inquiries will not be accepted. Questions may be submitted by email to the address above. Answers to questions will be provided in the form of an addendum posted after the question deadline on the CivicPlus, BidNet Direct, and ESBD websites for the benefit of all potential respondents. The County reserves the right to contact the person submitting a question to clarify the question received, if necessary. Each clarification, supplement, or addenda to this RFP, if any, will be posted on the CivicPlus, BidNet Direct and ESBD websites. All potential or actual respondents are responsible for monitoring the websites for such materials. Respondents are deemed to have notice of, and are required to comply with, any such material posted in accordance with this paragraph. Respondents should not rely upon any other sources of written or oral responses to inquiries.

10. Addenda Any interpretations, corrections or changes to this RFP and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Hays County Purchasing Office. It is the Vendor’s responsibility to acknowledge receipt of all addenda with proposal submission.

mailto:purchasing@hayscountytx.gov

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11. Contact with County Staff: Upon issuance of this solicitation, employees and representatives of

Hays County, other than the Purchasing Office staff identified as the Designated Contact above, will not discuss the contents of this solicitation with any Vendor or its representatives. Failure of a Vendor or any of its representatives to observe this restriction may result in disqualification of any related offer. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

12. Websites: Plans, Specifications, and Bidding documents for pre-qualified bidders and interested non-bidders may be secured from the following websites:

www.bidnetdirect.com/hayscounty, http://www.txsmartbuy.com/sp, https://www.sanmarcostx.gov/Bids.aspx

Anticipated Schedule of Events January 9, 2025 Issuance of RFP January 20, 2025 Deadline for Submission of Questions (5:00 PM CT) January 30, 2025 Deadline for Submission of Proposals (10:00 AM CT)

Late proposals will not be accepted.

February/March 2025 Anticipated contract award date https://www.sanmarcostx.gov/Bids.aspx

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III. Specifications A. Introduction

Hays County (“County”) on behalf of the Hays County Sheriff’s Office, in accordance with Section

351.0415 of the Texas Local Government Code, is requesting proposals from qualified vendors to provide inmate commissary sales at least once a week (unless county, state, or federal holidays intervene), overnight delivery, technology and service at the Hays County Law Enforcement Center located at 1307 Old Uhland Road, San Marcos, TX 78666. It is the Hays County Sheriff’s intent to select only ONE company to provide the equipment, sales and service specified.

The Hays County Sheriff’s Office is currently seeking a professional service vendor who can fulfill all obligations of this RFP and provide a fully automatic Commissary Service inclusive of all computer hardware and software that will integrate with the County’s existing Jail Management System (Tyler Technologies-Odyssey). The Sheriff’s Office is currently operating a jail facility utilizing a centralized booking and release system. Proposers are to provide all labor, supplies, and equipment required to run a jail commissary cart service for a total current maximum population of 362 inmates with a daily average of 320 inmates. The maximum population may increase to 600 within the year after the dormitory construction is complete.

B. Scope of Work The Vendor must be able to meet the following criteria to comply with Hays County Sheriff’s Office current jail plan and inmate handbook.

Process: The vendor’s employees will provide inmates with order forms listing all commissary items available for purchase and shall provide kiosks for electronic ordering. The inmate may complete and sign this form and return it to the vendor employee taking the weekly order. The signed form will authorize the vendor’s employee to deduct the dollar amount of the ordered items from the Inmate's Trust Fund Account (ITFA). Each ITFA is reviewed and if funds are available, the ordered item will be delivered to the inmate. Inmates may order commissary items at least once weekly with order forms or electronic ordering submitted no later than 10:00am Monday morning. All orders will be submitted to the commissary vendor the following Tuesday morning. The vendor will deliver the items no later than 10:00am following Wednesday morning to the Hays County Sheriff's Office. Commissary will be delivered to the inmates on Wednesday, Thursday and/or Friday of that week.

The Vendor must have a warehouse and be able to deliver commissary items within the guidelines of this solicitation. Review the evaluation criteria for “vendor’s warehouse” and provide the information being evaluated.

The Vendor will confirm that the firm can or cannot meet the following operating requirements (answer in Attachment B: Questionnaire & Requirements):

• Provide a complete computerized inmate account system, including all hardware and software, at no cost to the Sheriff’s Office.

• Provide a check for the proceeds of each week’s activity on a weekly basis, using the agreed upon calculations.

• Vendor will furnish all equipment that may be required to operate commissary at all current and future Sherriff’s Office Correctional Facilities.

• Vendor shall provide an on-site manager to oversee the commissary operation and will interact with designated Sheriff’s Office staff liaison.

• Vendor shall provide for refunds for orders delivered to inmates who are being released or are otherwise unavailable to receive merchandise.

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• The delivery schedule must be mutually agreed upon between the Vendor and the Sheriff’s Office and may be subject to change.

• The Vendor will assume all costs for telephone services, faxing, copying and other office expenses associated with the commissary operation.

1. Computerized Inmate Accounts System Requirements

The Vendor shall provide all hardware and software for a computerized Inmates Accounts System to keep accurate and complete records of all commissary activity and balances of individual inmate accounts.

This system must be approved by the County and provide the following:

• System must provide General ledger accounting with automatic dual entry

• Must be capable of tracking multiple bank accounts

• System must provide a cash drawer balancing system

• System must collect and save inmate signatures

• Must have the ability to display Mug Shots

• Must handle multiple inmate restrictions based on medical, security and disciplinary factors

• Must allow for debt collection by priority

• Must have an integrated property management module

• Passwords must have a maximum duration of 180 days

• System shall prompt user to change password

• System shall terminate session after 5 minutes of inactivity

• Must provide backup capabilities to include on-site and off-site backups

• System must be redundant to minimize downtime

• System must support more than 50 concurrent users

• System must provide a paperless audit trail

• System must be developed in Microsoft platform

a. The Vendor shall provide proof of a current operation that utilizes an automated process for the loading of inmate information from the Tyler Technologies/Odyssey jail management system into the vendor’s trust accounting application. Failure to provide proof is grounds for immediate disqualification. (See Attachment B: Questionnaire & Requirements)

b. The system shall be multi-terminal with multi-user capability.

c. The system must allow a jail staff person to open an inmate account by using the inmate identification number at the time of booking, and then to enter into the computer system the amount of money in his/her possession at that time. This permanent ID number for an inmate’s account will allow an account to be reopened as needed.

d. The system must allow for at least the following functionality and types of transactions to occur on the inmate’s accounts system:

• Add funds to an account.

• Draw funds from an account in the form of a check, issuing that check via a system printer.

• Close an account with a detailed statement and pay the inmate’s balance by debit/check card.

• Deduct commissary and other charges in a “live” environment.

• Process credits.

• Change inmate locations.

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• Carry negative balances.

• Allow for ad hoc reports.

• Allow for the addition of inmate information to control commissary purchases (i.e., disciplinary controls).

e. The system must provide a series of reports as specified by the Sheriff’s Office, including:

detailed weekly invoices, cash reconciliation, and records of charges to inmates for other services, such as medical and work release expenses. Ad hoc reporting capability shall be available on any or all fields.

f. The system must have comprehensive checkbook management features. Additionally, the system must have a capability to print a check registry based on multiple criteria which can be queried by the jail operator.

g. Various levels of security, including password control and tracking of transactions by individual and station, shall be present in the software system. These levels will have the capability to be customized by the jail site manager.

h. The Vendor shall install the system, train County personnel, provide documentation and provide a toll-free 24-hour emergency “hot line” to insure maximum utilization and minimal downtime of the inmate accounts system.

i. The Vendor must provide continuing support for the software and hardware throughout the length of the contract and must maintain the database and allow for facility access for a time frame of 10 years in order to comply with PREA requirements. Support to include correcting program and system problems, maintaining and repairing kiosk hardware and equipment, plus updates and enhancements to the software.

2. Point of Sale System

a. The Vendor must provide a mobile solution that allows the inmate to visit a point-of-sale commissary process that will allow the inmate to make additional add on purchases from their trust account. Minimum: 18 pods and 2 mobiles

b. The vendor’s solution must allow for instant charging of the inmate account and work in coordination with the housing unit kiosks.

c. The vendor’s solution must include a corrections grade mobile cart to allow for demonstration of the merchandise.

3. Electronic Ordering

a. The inmates must be able to place their commissary orders electronically/via kiosk.

4. Release Debit Cards

a. The Vendor must provide a release debit card.

5. Trust Accounting / Inmate Banking Operation

a. It is preferred that the Vendor process all deposits to the inmate trust account.

b. It is preferred that the Vendor be responsible for all bookkeeping and reconciliation of the inmate trust account.

c. The Vendor must supply the resume of the individual that will be responsible for the trust accounting operation. The individual should have 2 years of experience in inmate trust accounting.

6. Other services and recordkeeping

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a. The Vendor agrees to provide any additional commissary services not identified herein, as mutually agreed upon at prices mutually agreed to form said services.

b. Access and Records - The Vendor shall keep full and accurate records of sales and order records in connection with the commissary services. If requested, a copy of said record shall be supplied to the Jail Administrator or designee on a monthly basis on the first working day of the subsequent month. In addition, all such records shall be available for auditing by the County at any time during regular working hours.

c. Facility inspections shall be made by the County when deemed necessary, with or without advance notice to the vendor.

C. Inmate Commissary System Specifications

This section of the Request for Proposal (RFP) shall set forth the technical specifications for the services and equipment sought in this solicitation. All items using the terms “must”, “shall”, or “will” are considered mandatory. Failure to fully comply with such items will be considered appropriate grounds for proposal rejection. Items using terms “may” or “should” are deemed to be desirable features, but not mandatory requirements. All solicitations must address each and every item individually with a complete response detailing how the proposed equipment meets the specification.

The successful vendor must provide all necessary labor, parts, materials and transportation to maintain all commissary equipment in good working order and in compliance with the equipment manufacturer’s specifications throughout the life of the contract.

1. Physical Installation Requirements

a. The commissary equipment hardware shall be a compact design requiring a minimum of wall, desk and floor space. Vendor must submit a scale drawing of the installed space requited.

b. Each module shall be powered by no more than a single, standard, unconditioned, IIS- volt, 60Hz power source drawing no more than 300 watts.

c. Each module shall be equipped with an internal IJL listed power supply that is tolerant of line transients, momentary surges, and short duration drop such that inmate commissary operations continue in the presence of such common disturbances. No auxiliary 115-volt power cords, external power supplies, or AC-to DC converts shall be required to support system.

d. Use of existing or in-place conduit, raceways, cableways, cable, inside wiring, mountings, switches, terminal boxes, and terminal within the facility are at the risk of the vendor. No exposed wiring will be permitted. Ownership of any wiring or conduit placed under this contract by the successful bidder becomes the County’s upon termination and/or expiration of contract.

e. The selected Vendor will pay all line charges, access charges, billing charges, special equipment charges, fees, levies, service connection charges and/or any other charges assessed in connection with the provision of this service with no deduction allowed from the monthly commission payment. No charges for this service shall be processed through the County and the County cannot be included or in any way held responsible for the selected vendor's nonpayment of line and access charges.

f. To accommodate the needs of the inmate population, the vendor shall provide:

• An appropriate number of kiosks to all of the housing units.

The system shall have user defined security The system shall have a scheduling program that is interactive between the inmate and the facility

• An intake kiosk for depositing cash funds in US currency.

The kiosk must allow multiple dollar bills to be placed in the feeder then feed automatically

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The kiosk must allow for multiple coins to be placed in the change receptor at once then process coins

The kiosk should provide a detailed receipt that displays all denominations of currency deposited

The kiosk shall allow for a picture to be taken of the individual placing the money in the kiosk

The kiosk should disallow and reject defaced funds prior to adding funds to the deposit

• 1 kiosk for each visitor lobby for depositing cash, credit and debit transactions

• 1 main lobby kiosk for depositing cash, credit and debit transactions. The kiosk must be able to interface with jail management system

• Debit cards and checks for inmate releases

• Point of sale system

The vendor must provide a mobile solution that allows the inmate to visit a point-of-sale commissary process that will allow the inmate to make additional add on purchase from their trust account.

The vendor’s solution must allow for instant charging of the inmate account and work in coordination with the housing unit kiosks.

The vendor’s solution must include a corrections grade mobile cart to allow for demonstration of the merchandise.

2. Basic System Functional Requirements

a. The commissary computer hardware and inmate banking software must be compatible and interface with Tyler Technologies' Odyssey Jail Management System Application and the current Electronic Medical Records (EMR) application used by the Hays County Jail.

b. Commissary Computer hardware and Inmate Banking Software Features:

• User Definability: To facilitate commissary hardware and inmate banking software, all functions must be password protected and controlled for each commissary staff member to include a variety of access levels.

• Individual Inmate Trust Fund Accounts: Each inmate will have their own account using the inmate’s full name, physical identifiers and Sheriff's Personal Identification Number (S.P.I.N. number) in place of an account number.

• Inmate Account Management: From a money management standpoint, the software shall operate like an electronic cash register allowing each transaction to be receipted.

• Fee for Services Collection: The software must allow for fees to be recorded and retained from incarceration to incarceration allowing for these fees to be recovered for services rendered such as medical charges, inmate destruction charges or any other charges.

• Inmate Release: The software will acknowledge if the inmate is released to another agency or released under any other circumstance with both a cash balance and a fee debt, the entire cash balance will be applied to the debt.

• Commissary Transaction Services: The software will allow for charges to be debited from an inmates account immediately once their commissary order has been submitted.

• Disciplinary Restrictions: The software must allow inmates to only purchase hygiene items during the course of their commissary restriction as well as being able to place holds on an inmate account pending disciplinary investigations.

• Daily/Monthly Auditing: The software shall allow for auditing at any time. This includes producing reports such as Inmate Transaction Activity Reports, Inmate

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Commissary Sales Reports, Fee Collection Reports, Daily Deposit Reports, Daily Detailed Summary Reports and optional Check Writing Report.

• Indigent Tracking: The software will be able to create a list of inmates who have less than $1.00 so we may provide them their materials. This list will allow for user to identify inmates with a balance of less than $1 in combination with not having purchased more than $10 in the last 30 days.

• Check Writing: The software shall allow for an optional check writing capability which can be utilized whenever necessary.

• Shortages: The software shall allow the capability of reporting shortages to the vendor for immediate next day delivery.

3. Commissary Product Requirements and Support

a. The Vendor must provide the Sheriff a complete list of quality brand name products with our facility security in mind.

b. The Vendor shall make any over the counter (OTC) medication available for purchase by the inmate population, supplied in unit doses, at the request of the Sheriff at all times. Unit dose is defined as doses supplied in single serve blister packs or single serve amounts. The following OTC medications shall be available on the commissary list.

• Sinus Tabs

• Cough Syrup

• Antacids

• Tylenol (non-aspirin)

• Ibuprofen

• Zantac 75/ Pepcid AC

• Antifungal Cream

• Vaginal Cream (infection cream)

• Alka-Seltzer Plus (cold)

• Medicated Dandruff Shampoo

• Body Lotion

• Nasal Spray

• Pepto-Bismol

c. The Sheriff shall have final approval over any and all products allowed on the inmate product purchasing list.

d. All commissary pricing increases will be approved by the Sheriff or designee prior to implementation.

4. Software and Equipment Maintenance and Support The system design must be such that multiple areas may be managed on a single database with an unlimited number of user connections. Client software must limit the amount of processing done on the client workstation to minimum. All business process logic must be executed within the database in the form of database procedures, functions, and/or views. The system may not utilize any third-party application software products. The client application must be able to run on any Windows 32-bit operating system.

The resident database tables must be designed to track inmate activity via an unlimited number of user-defined classifications. Other system functions must be easily associated with resident classification categories. At intake, the resident classification assigned must serve as a template for

RFP 2025-P06 Inmate Commissary Services Page 12 of 49 easy assignment of other system parameters such as account types, agency billing designation, commissary restrictions and spending limits. Modification of classification parameters for individual residents must be allowed as an override. For example: if a resident is assigned to the work release classification and the user has defined work release to include a mandatory savings account that collects 25% of the resident wages, the system must allow specific collection limits and collection amounts to be set for individual residents that are different from the generic definition set for the work release class. All other parameters of work release would continue to apply to the resident except the specific modifications made at the individual inmate records level. In addition to resident classification, the system must allow residents to be placed in groups that can cross over classification boundaries. These groups must provide for group management of such things as commissary restrictions and group trust accounting charges and/or payments. Agency billing is required by the system. The user may define any number of outside agency designations that includes a daily rate the agency is charged for housing their residents. Selected classifications of resident or individual residents who are associated with these agencies are tracked by the system and billing statements are generated periodically.

The system must include a reverse/void transaction function such that any transaction may be reversed in total with a single click of the mouse and that preserves an audit trail of both the original transaction as well as the reversed transaction. The system must include a merge inmate function that will merge any two (2) inmate account into a single account that preserves all transaction history that has been done to both records. This function must correct/fix the possibility of creating multiple system records for the same individual inmate.

The proposed equipment must be fully supported by remote maintenance. This must include the ability to test commissary computer hardware and software without sending a technician to the site. For security reasons, site repair visits must be kept to an absolute minimum with most repairs and service issues being resolved via remote access. A maintenance and support back-up plan shall be included in the proposal to ensure there is no interruption in services by the vendor.

Other Maintenance and Support Requirements Include:

a. Remote diagnostics and repair without affecting business in progress or system operation.

b. 8:00am to 5:00pm (central time) Monday thru Friday repair and maintenance assistance anytime of the year.

c. All repair or replacements must be started within four (4) hours following service request.

d. Providing a complete list of contractors/subcontractor’s managers and administrators.

e. System must NOT require on-site intervention for re-boot.

f. System must not require replacement of fuses, batteries, and other peripheral hardware.

5. Commissary Detail Reporting and Storage

The inmate banking software must provide for on-site storage of commissary detail information.

Other requirements include:

a. On-site redundant electronic storage capacity of up to 5 years of Inmate Transaction Activity

Reports, Inmate Commissary Sales Reports, Applied Fees Reports, Daily Deposit Reports, Daily/Detailed Summary Reports and Check Writing Reports.

b. Real-time inmate account activity viewing capability

c. Real-time reporting of inmate account activity

d. Automatic commissary record protection via nightly polling

e. Flexible inmate account detail reporting by inmate S.P.I.N. number

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f. Each record must include detailed inmate account information in easy-to understand terms.

g. Retention of detailed inmate account information in the event of power failure.

6. Fair Market Pricing

The successful Vendor shall ensure that a fair market survey of local pricing for all items offered for sale is conducted annually by a third party:

a. This survey shall be at the successful Vendors sole expense

b. Results of the fair market survey, including information as to where the pricing was obtained and a copy of the competitive survey, shall be provided to the County upon completion.

c. The successful Vendor shall maintain a market price philosophy in accordance with the Texas Jail

Standards.

d. Commissary prices will be set as not to exceed the fair market value for comparable products sold in the community where the facility is located. The successful Vendor shall provide a fair market pricing survey from a minimum of two (2) sources; with said sources to include:

grocery/department stores and or superstores located within the geographical area of the correctional facility.

e. The successful Vendor shall be responsible for an audit of the fiscal management of the commissary by a disinterested party on an annual basis (complete by October of each year) which shall include clarification of compliance with the fair market pricing requirements specified above.

f. The Sheriff reserves the right to determine the final product selling prices to inmates.

7. Required Monthly Reports The selected Vendor shall provide the Sheriff the option of receiving reports of High-Density diskettes and/or paper each month. These reports will be generated in time to arrive at the Hays County Sheriff’s Office no later than the fifteenth day following the close of the monthly report period. The format and style and makeup of all reports will be determined after contract award.

One (1) copy of all reports will be sent to the Hays County Auditor and one (1) copy of each report will be sent to the Hays County Sheriff. Operating software to utilize reports furnished on CD will be at no cost to the County. The selected vendor, at no cost to the county, will also provide suitable training to facility personnel.

A toll-free reporting number, operating Monday thru Friday between the hours of 8:00 am and 5:00 pm (CT) throughout the entire year, must be provided to the Sheriff’s Office for trouble reporting and service requests.

a. Usage Reports Reports showing the following for each monthly period will be required:

• Total Item Sales (total number of each product purchased by inmates)

• Total dollar amount due the County based upon contractual agreement

• Total of Gross Sales(per order)

• Total of Net Sales (per order)

• Total sales taxes applied ***All invoice numbers will be included and itemized with the above information

b. Monthly Maintenance and Repair

This report will show the following items monthly:

• Number of troubles received

• Number of troubles cleared

• Description of the troubles cleared

• Number of troubles pending disposition

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• Average clearing time on closed cases

8. Compensation & Invoicing

a. Unbillable Commissary

• The selected Vendor shall not charge or bill for incomplete orders received. The Sheriff’s Office will not be responsible for any un-billable, uncollectible, or fraudulent commissary orders nor shall any revenues be deducted from the county's commission in payment for such commissary orders. The selected Vendor will bear sole responsibility for the collection of such orders and the costs associated with the collection. No commissary orders will be denied because of the commissary supplier's lack of staff on county, state and federal holidays.

b. Commission Amount and Payment

• The selected Vendor will pay commissions to the Sheriff of Hays County a firm, fixed percentage of net revenue on ALL commissary orders originated from Hays County Jail facilities. Net Revenue is defined as income from sales of goods and services, minus the cost associated with things like returned or undeliverable merchandise. That is, total revenue due from customers before uncollectible, billing fees, or any other costs or payment to suppliers are disbursed. This total will not include the sales of United States postage stamps and stamped envelopes.

• Commissions will be due, and payment expected monthly by the fifteenth (15) day following the last day of the month in which the order generating the revenue is completed. Only after commissions have been verified and accepted, the Sheriff’s Office will mail the Vendor its Gross Revenue. Gross Revenue is defined as the amount customers actually pay the company when they make their purchases. This will not include shipping charges that will be absorbed by the Vendor.

c. Costs to the County

• There will be no one time, monthly, or reoccurring costs for facilities rearrangement, Vendor reimbursable expenses, and commissary shipping charges to the county for any reason.

• Costs of RFP response, preparation, production, handling, administration, and delivery shall be borne by each responding company and at no time chargeable to the County.

• The company selected will be required to furnish lien release for any/all equipment and services provided for the County.

D. Commission/Percentage of Profit Returns and Inmate Pricing (Attachment A)

The Vendor should provide commissions/percentage of profit based on 3-yr contract, as well as clearly show the methods of calculating the monies returned. All offers should be in the form of a percentage of sales; no other options will be considered. Include inmate price on the list of items provided.

Taxes: Do not include Federal Taxes or State of Texas Limited Sales Excise Tax. Hays County is exempt from payment of such taxes and will issue exemption certificates upon request.

E. Schedule for Implementation of Product Upon execution of the resulting agreement, the successful Vendor shall have the Inmate Commissary Service fully operational on or before the agreed upon deadline. The timely performance and completion of the services provided hereunder is vitally important to the COUNTY. Time is of the essence for all of the duties and obligations contained in the resulting agreement. The successful Vendor shall ensure full cooperation and coordination with the existing service provider to ensure no

RFP 2025-P06 Inmate Commissary Services Page 15 of 49 disruption of service occurs, resulting in a smooth transition. The successful Vendor shall provide a detailed schedule for implementation for this project.

F. Qualifications The following minimum requirements must be demonstrated in order for the submission to be considered responsive to Hays County.

REFERENCES: Hays County requires respondent to supply with the bid, a list of at least three (3) references where like services have been supplied by their company for a county or company of similar size within the last five (5) years.

• Include name of company, address, telephone number and name of representative.

• Include at least two (2) reference letters from clients with the proposal.

RESPONSIBILITY: A prospective respondent must affirmatively demonstrate respondent’s responsibility.

A prospective respondent must meet the following requirements:

• Have adequate financial resources, or the above ability to obtain such resources as required

• Be able to comply with required or proposed delivery schedule

• Have a satisfactory record of performance

• Be otherwise qualified and eligible to receive an award

TIME OF PERFORMANCE: It is imperative that the prospective respondent respond to County requests in a timely manner and comply with required or proposed delivery schedules. Please describe how you intend to respond to and track County requests.

SYSTEM FOR AWARD MANAGEMENT: Respondent and its Principals may not be debarred or suspended nor otherwise have an exclusion record created in the System for Award Management (SAM) website.

Include verification that the company as well as the company's principals are not listed (are not debarred) through the System for Award Management (www.SAM.gov). Enclose a printout of the Entity Registration page that shows your firm is in active status and is not expired.

INSURANCE: The successful bidder will be required to furnish proof of insurance for Workers’ Compensation, Auto Liability and General Liability before any work may begin.

COMPLIANCE WITH LAWS: The successful bidder shall comply with all applicable federal, state and local laws and regulations pertaining to the practice of the profession and the execution of the duties under the bid.

G. Proposal Requirements Proposals shall be prepared simply and economically, providing a straightforward, concise description of the respondent’s ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and the understanding of the County’s Needs.

Proposals shall not exceed forty (40) pages (20 sheets front and back) in length, but not including:

• Front and Rear Covers

• Letter of Transmittal: RFP Subject Line, name of Vendor, address, telephone number, name of contact person, and signed by the individual authorized to negotiate for and contractually bind the company.

• Table of Contents

• Appendix materials (any required forms, see RFP Submittal Checklist, resumes, and addenda from Hays County)

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Items that count towards the 40-page limit

• Profile/Experience of the Company Company information shall include: Company legal name of the Bidder, principal place of business, number of years in business, and description of company organization including identification of number of staff dedicated to the project.

Narrative of the firm's experience in providing the services described in the scope of work to public sector entities comparably in size and project scope.

Describe any other facets of your organization and your firm’s experience that are relevant to this proposal that have not been previously described or which you feel would distinguish your firm from other firms submitting proposals.

List any judgement, claims, arbitration proceedings, or suits filed or outstanding against your organization or its officers for the last 5 years.

Provide a copy of Dunn and Bradstreet reports, bank and supplier credit references, or other documentation sufficient to demonstrate your company’s financial capability to deliver this project.

• Key Personnel Provide resumes of all key employees (supervisors, account representatives, etc.) who may be assigned to provide services if your company is selected.

Provide an organizational chart containing the names, telephone numbers and email address of the prime providers and any sub-providers that would be proposed for the team and their contract responsibilities by work category.

Describe your hiring and training procedures for onsite employees.

• Capacity to Perform

Provide a description of your proposed approach/strategy to provide and perform the objectives, specific elements, and tasks associated with services.

Provide supplemental information or materials that would be beneficial to the decision process.

Describe how you will measure the quality of your service warranty List the categories of work that your organization normally performs with its own forces.

List any work that you propose to do and any work you propose to bid out.

List any subcontractors in which your organization has some ownership and list the categories of work those subcontractors normally perform.

• Operational Plan & Delivery Schedule

Describe your operational plan, and implementation schedule of services.

• Technology

Describe your implementation and integration processes.

Describe your technical support process.

Discuss the deposit, mail, release and investigative services your company provides.

Describe the inmate kiosks and their capabilities they provide and how they are beneficial to provide the services requested.

• Vendor’s Warehouse

Describe size, location, inventory on hand, number of employees.

• Attachment A: Top List of Selling Items Price List & Commission Percent

Sheet size is limited to 8½” x 11” sheets only, using 12-point font. The organizational chart is permissible to use an 11” x “17” sheet (one-sided) and a font smaller than 12-point for the organizational chart, provided text is clearly legible. It is permissible to use a font smaller than 12-point for graphics, provided text is clearly legible.

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The proposal must be submitted with a continuous binding (e.g. – spiral, GBC, etc.) along the left edge;

no other binding will be accepted and should not exceed forty (40) pages, twenty (20) pages front and back, not including the appendix materials.

Any data that is to be considered confidential in nature must be clearly marked as such by the Vendor and will be treated as confidential by Hays County only to the extent allowable by the Texas Public Information Act, Texas Government Code, Chapter 552.001, et seq. Information not so marked shall be deemed “contracting information” and subject to disclosure upon request in accordance with the Texas Public Information act, Texas Government ode Chapter 552.

H. Submittal Requirements The Company must deliver their proposal to the Hays County Purchasing Office by one of the following methods by the specified deadline:

Mailed or Dropped off Proposals:

• One (1) original proposal with required forms manually signed by the respondent with original signatures

• One (1) digital copy of the full proposal with all required forms on a thumb drive

Electronic Proposals:

• Upload proposal with required forms manually signed by the respondent. (through BidNet

Direct)

• One (1) original proposal with required forms manually signed by the respondent, delivered to the Hays County Purchasing Office. Either the original or Electronic Bid (through BidNet Direct) MUST be received by the due date and time to be considered responsive. Physical copy must be received in the Hays County Purchasing Office within 24 hours of proposal due date.

LATE SUBMITTALS WILL NOT BE ACCEPTED.

ALTERING BIDS: Any interlineations, alteration, or erasure made before receiving time must be initialed by the signer of the bid, guaranteeing authenticity.

WITHDRAWING OF BID: A bid may be withdrawn at any time prior to the official opening. After the official opening, bids may not be amended, altered or withdrawn without the recommendation of the County Purchasing Agent and the approval of Commissioners Court.

FORMS: All bids must be submitted on the forms provided in this solicitation document. Changes to solicitation forms made by bidders shall disqualify the bid.

REPONDENT’S ACCEPTANCE: by submitting a response to this RFP, the respondent certifies that is has fully read and understands the terms, conditions and statements of this Invitation for Bid and has knowledge of the scope of the quality of services to be furnished and intends to adhere to the provisions described herein.

It is the practice of Hays County to encourage local participation and to promote and encourage contracting and subcontracting opportunities for locally owned businesses and labor in all contracts.

The County of Hays does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Hays County is an Affirmative Action/Equal Opportunity Employer and strives to attain goals for Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), as amended. Section 3 Residents and Business Concerns, Minority

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Business Enterprises, Small Business Enterprises and Women Business Enterprises are encouraged to submit proposals.

I. Evaluation Criteria The Evaluating Committee will evaluate each respondent’s proposal based on a comprehensive set of criteria. Proposals received shall be evaluated and ranked by the County according to the following criteria: (Maximum Point Total 100)

At the County’s discretion, submitting entities may be requested by the Evaluating Committee to conduct interviews as part of the evaluation process, prior to making recommendations to Commissioners Court regarding award.

Interview (optional) Ranking

It is the practice of Hays County to encourage local participation and to promote and encourage contracting and subcontracting opportunities for locally owned businesses and labor in all contracts.

The County of Hays does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Hays County is an Affirmative Action/Equal Opportunity Employer and strives to attain goals for Section 3 of the Housing and Urban Development

Evaluation Criteria Maximum Score Points

Select a whole number from the list provided for each question (decimal or unlisted rating score are not permitted)

Commission 15 15 = Significantly Exceeds Requirements 12 = Exceeds Requirements 9 = Meets ALL Requirements 6 = Marginally Meets Requirements 0 = Does not meet Requirements

Technology Provided 20 20 = Significantly Exceeds Requirements 16 = Exceeds Requirements 12 = Meets ALL Requirements 8 = Marginally Meets Requirements 0 = Does not meet Requirements

Operational Plan & Delivery Schedule

20 20 = Significantly Exceeds Requirements 16 = Exceeds Requirements 12 = Meets ALL Requirements 8 = Marginally Meets Requirements 0 = Does not meet Requirements

Vendor’s Warehouse 20 20 = Significantly Exceeds Requirements 16 = Exceeds Requirements 12 = Meets ALL Requirements 8 = Marginally Meets Requirements 0 = Does not meet Requirements

Vendor’s Qualifications 25 25 = Significantly Exceeds Requirements 20 = Exceeds Requirements 15 = Meets ALL Requirements 10 = Marginally Meets Requirements 0 = Does not meet Requirements

Total Evaluation Points 100

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Act of 1968 (12 U.S.C. 1701u), as amended. Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises are encouraged to submit proposals.

Hays County reserves the right to award to multiple vendors and to designate vendors in terms of primary service providers and standby service providers.

J. Award of Contract BASIS OF AWARD: The County reserves the right to award a contract for named project to an organization on the basis of “best value”. Best value will be determined based on cost, experience, qualifications, references, proposed methodology/technical proposal, and overall responsiveness, clarity, and organization of the solicitation response.

COMPANY AGREES, if this proposal is accepted, to furnish any and all services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of the proposal will be one hundred twenty (120) calendar days.

The awarded company expressly warrants that all services specified in the RFP will be performed with care and diligence and in accordance with all specifications of the RFP.