ESBD_394001_1738795073980_RFP 644-25-092024 PRE-Auditor Services at TJJD.pdf

Solicitation No: 644-25-092024

Texas Juvenile Justice Department 1801 N. Congress Ave.

Austin, TX 78701

REQUEST FOR PROPOSAL

TEXAS JUVENILE JUSTICE DEPARTMENT

REQUEST FOR PROPOSAL

FOR

PREA AUDITOR SERVICES AT

TJJD STATEWIDE FACILITIES

RFP# 644-25-092024

NIGP Class/Item 946-20

Posting Date: February 5, 2025

Table of Contents

Section I General Information 3

Section II Statement of Work 4

Section III Proposal Submittal Information 9

Section IV General Requirements 19

Exhibit A Execution of Offer 20

Exhibit B Pricing Schedule (excel form)

Exhibit C Terms and Conditions 22

EXHIBIT D PREA Audit Process Map and Facility Information 40

EXHIBIT E PREA Policy Overview and Training 45

SECTION I

GENERAL INFORMATION

A. BACKGROUND:

The Texas Juvenile Justice Department (TJJD) is required by the U.S. Department of Justice (DOJ) to comply with the Prison Rape Elimination Act (PREA) requirements as it relates to the Juvenile Facility Standards, 28 C.F.R. Chapter 1, Part 115, Subpart D. TJJD is requesting the services of one or more DOJ Certified PREA Auditors for auditing of TJJD operated facilities.

B. PERIOD OF PERFORMANCE:

The initial term of the Contract shall be from March 15, 2025 through March 14, 2028. The Contract may be renewed for one (1), two (2) - year renewal options. The Contract may be renewed by written amendment signed by both parties. The terms, conditions, and rates for all renewals shall remain as stated in the Contract, with any approved changes.

Funding Out Clause: This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Contract’s Termination Article shall apply. State agencies are prohibited from incurring obligations in excess of amounts lawfully appropriated by the Texas Legislature over the course of a biennium. The Contract agreement is subject to cancellation, without penalty, either in whole or in part, if funds become unavailable.

C. SOLICITATION POINT OF CONTACT FOR TJJD

1. TJJD Contact Information for Solicitation:

The TJJD Contract Specialist for this RFP will be:

Dorene Corsentino, CTCD, CTCM Texas Juvenile Justice Department 1801 N. Congress, Austin, Texas 78701 Telephone: (512) 490-7124 Email: Dorene.Corsentino@tjjd.texas.gov Secondary Contract Specialist Contact:

Charles P. Matuke, CTCD, CTCM Texas Juvenile Justice Department 1801 N. Congress, Austin, Texas 78701 Telephone: (512) 490-7130 Email: Charles.P.Matuke@tjjd.texas.gov

D. ADDITIONAL INFORMATION

a. It is the intention of TJJD to issue one contract for the services described within this solicitation.

b. Any Respondent submitting a proposal in response to this solicitation accepts TJJD’s methodology and evaluation process listed herein for awarding contracts.

mailto:Dorene.Corsentino@tjjd.texas.gov mailto:Charles.P.Matuke@tjjd.texas.gov

SECTION II

SCOPE OF WORK

A. STATEMENT OF WORK:

The Texas Juvenile Justice Department (TJJD) seeks to contract for Services for contractor to provide one or more Department of Justice (DOJ) Certified PREA Auditors for Juvenile Facilities to perform PREA audits on select juvenile correctional facilities. TJJD intends to award one contractor for the requested auditing services.

B. SCOPE OF WORK:

TJJD is required by the U.S. DOJ to comply with the Prison Rape Elimination Act (PREA) requirements as it relates to the Juvenile Facility Standards, 28 C.F.R. Chapter 1, Part 115, Subpart D. TJJD is requesting the services of one or more DOJ Certified PREA Auditors for auditing of state operated facilities.

1. Detailed Audit Requirements:

1.1 Audits shall be performed in compliance with PREA standard 28 C.F.R. 115.403 below and follow Exhibit-D, PREA Audit Process Map and Audit Cycle:

https://www.prearesourcecenter.org/sites/default/files/content/prea_audits_process_ma pjuvenile_final.pdf. The auditor is responsible for the pre-audit phase, the on-site audit phase, and the post-audit corrective action/final report phase. The auditor is responsible for performing the audit as required by the DOJ and is responsible for knowledge of all written guidance from the DOJ regarding the conducting of audits. This includes, but is not necessarily limited to, the following:

1.2 28 C.F.R. § 115.403 Audit contents and findings:

(a) Each audit shall include a certification by the auditor that no conflict of interest exists with respect to his or her ability to conduct an audit of the agency under review.

(b) Audit reports shall state whether agency-wide policies and procedures comply with relevant PREA standards.

(c) For each PREA standard, the auditor shall determine whether the audited facility reaches one of the following findings: Exceeds Standard (substantially exceeds requirement of standard); Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period); Does Not Meet Standard (requires corrective action). The audit summary shall indicate, among other things, the number of provisions the facility has achieved at each grade level.

(d) Audit reports shall describe the methodology, sampling sizes, and basis for the auditor’s conclusions with regard to each standard provision for each audited facility, and shall include recommendations for any required corrective action.

(e) Auditors shall redact any personally identifiable inmate [youth] or staff information from their reports, but shall provide such information to the agency upon request, and may provide such information to the Department of Justice.

2. Contractor Qualifications:

2.1 The auditor shall submit documentation demonstrating the following qualifications:

https://www.prearesourcecenter.org/sites/default/files/content/prea_audits_process_mapjuvenile_final.pdf https://www.prearesourcecenter.org/sites/default/files/content/prea_audits_process_mapjuvenile_final.pdf

2.1.1 DOJ Certification as a PREA Auditor for Juvenile Facilities.

2.2. Compliance with PREA Standards detailing auditor qualifications as found in 28 C.F.R.

§115.402 Auditor qualifications below:

2.2.1. 28 C.F.R. §115.402 Auditor qualifications:

An audit shall be conducted by:

a. A member of a correctional monitoring body that is not part of, or under the authority of, the agency (but may be part of, or authorized by, the relevant State or local government);

b. A member of an auditing entity such as an inspector general’s or ombudsperson’s office that is external to the agency; or

c. Other outside individuals with relevant experience.

d. All auditors shall be certified by the Department of Justice. The Department of Justice shall develop and issue procedures regarding the certification process, which shall include training requirements.

e. No audit may be conducted by an auditor who has received financial compensation from the agency being audited (except for compensation received for conducting prior PREA audits) within the three years prior to the agency’s retention of the auditor.

f. TJJD shall not employ, contract with, or otherwise financially compensate the auditor for three years subsequent to the TJJD’s retention of the auditor, with the exception of contracting for subsequent PREA audits.

g. Respondent shall familiarize, adhere and reference the Exhibit D – Process Map and Audit Cycle for auditing.

3. The Contractor’s past performance (and past performance of similar contractors):

3.1. Describe services provided in the past three years that demonstrates the capability to carry out the proposed services.

3.2. Include the nature of the services provided, scope of activities, and the organization for which the service was provided.

3.3. Preferred experience includes providing PREA Auditing services to juveniles in the juvenile justice system.

3.4. Should submit proof of required certifications and/or licenses.

3.5. Auditors who can demonstrate experience in auditing juvenile facilities shall be given priority.

3.6. Auditor may utilize TJJD support staff to assist the auditor, only if those staff members are DOJ Certified PREA Auditors.

C. TJJD RESPONSIBILITIES:

1. Permit the auditor with access to facilities; access to individuals for interviews including staff as well as youth; provide adequate work space; any vital information about the facility or halfway house that could impact the auditor’s ability to perform essential functions related to the PREA audit.

2. Pay for services rendered as described in Exhibit B – Pricing Schedule.

3. Provide a point of contact.

4. TJJD will provide the awarded contractor with the Exhibit E - PREA Overview and Training Acknowledgment forms for completion (see sample).

5. TJJD will ensure that the auditor’s final report is published on the TJJD’s web site if it has one, or is otherwise made readily available to the public.

D. DELIVERABLES:

The following are the requirements and expectations for all deliverables:

1. Deliverables must be provided on the dates specified. Any changes to the delivery date must have prior approval (in writing) by TJJD contract manager or designate.

2. All deliverables must be submitted in a format approved by TJJD contract manager.

3. If the deliverable cannot be provided within the scheduled timeframe, the Respondent is required to contact TJJD contract manager in writing with a reason for the delay and the proposed revised schedule. The request for a revised schedule must include the impact on related tasks and the overall project.

4. A request for a revised schedule must be reviewed and approved by TJJD contract manager before placed in effect. Contract Terms and Conditions may dictate remedies, costs, and other actions based on the facts related to the request for a revised schedule.

5. TJJD will complete a review of each submitted deliverable within five (5) working days from the date of receipt unless otherwise stated by TJJD.

Table 1. Sample Deliverable List Format

Deliverable No. Deliverable Description Estimated Due Date

1 Interim PREA Audit Report submitted to PREA Coordinator (If applicable)

Within 45 days of the auditor’s departure from the TJJD facility at the conclusion of the on-site audit phase

PREA Audit Final Report submitted to the PREA Auditor

Within 45 days of the auditor’s departure from the TJJD facility at the conclusion of the on-site audit phase or upon completion of the required corrective action phase (as applicable)

3 Auditor to participate in a Pre-audit Kick-off call

Prior to their physical arrival to any TJJD facility

4 Auditor to participate in Debriefing prior to completion of On-Site Audit Phase

Prior to departure from facility during On-site Audit Phase

E. RESPONDENT QUALIFICATIONS:

The Respondent shall have the experience and qualifications required to provide the products and services requested in the RFP including, but not limited to, the following:

1. Be, in TJJD’s sole judgment, an established company that is financially stable with the ability to meet the financial responsibilities of this project; and

2. Respondent and/or Key Personnel must have a minimum of five (5) years’ experience in Auditing PREA Standards.

3. The auditor shall submit documentation demonstrating the following qualifications:

a. DOJ Certification as a PREA Auditor for Juvenile Facilities.

b. Compliance with PREA Standards detailing auditor qualifications as found in 28 C.F.R.

115.402 below.

F. RESPONDENT PERSONNEL QUALIFICATIONS:

1. Key 28 C.F.R. §115.402 Auditor qualifications:

a. An audit shall be conducted by:

i. member of a correctional monitoring body that is not part of, or under the authority of, the agency (but may be part of, or authorized by, the relevant State or local government);

ii. A member of an auditing entity such as an inspector general’s or ombudsperson’s office that is external to the agency; or

iii. Other outside individuals with relevant experience.

b. All auditors shall be certified by the Department of Justice. The Department of Justice shall develop and issue procedures regarding the certification process, which shall include training requirements.

c. No audit may be conducted by an auditor who has received financial compensation from the agency being audited (except for compensation received for conducting prior PREA audits) within the three years prior to the agency’s retention of the auditor.

d. The agency shall not employ, contract with, or otherwise financially compensate the auditor for three years subsequent to the agency’s retention of the auditor, with the exception of contracting for subsequent PREA audits.

2. Certified DOJ Auditor with experience in auditing for juvenile facilities.

G. SUBCONTRACTORS:

Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of the Respondent. No subcontract under the Contract shall relieve the primary Respondent of the responsibility for the service. If the Respondent uses a subcontractor for any or all of the work required, the following conditions shall apply under the listed circumstances:

1. If the Respondent is planning to subcontract any portion of the work, Respondent must identify the proposed subcontractors in Respondent’s initial proposal and TJJD must approve all subcontractors and subsequent contracts and obtain prior approval from TJJD before Respondent enters into any subcontract agreements;

2. Subcontracting shall be at the Respondent’s expense;

3. TJJD retains the right to check subcontractor’s background and make approval determination as to the use of the proposed subcontractor(s); and

4. The Respondent shall be the only contact for TJJD and subcontractors. Respondent shall designate a point-of-contact for all TJJD and subcontractor inquiries.

H. INVOICING:

1. Awarded Respondent will submit invoices to the TJJD Claims Department via email at tjjdinvoice@tjjd.texas.gov and/or via regular mail to, P. O. Box 12757, Austin, Texas 78711 or 1801 N. Congress, Austin, Texas 78701.

2. Payment will be made within thirty (30) days from receipt of an invoice or correct and itemized invoice or billing statement. The warded Respondent shall submit one (1) invoice showing the Awarded Respondent name, address, TJJD contract number, payee I.D., itemization of the services provided, itemized amount for services provided, the name and division of TJJD Contract Manager, Contractor remit to address, and telephone number. No payment whatsoever shall be made under this contract without the prior submission of correct and itemized invoices. Payments under this contract are subject to the availability of appropriated funds. The Awarded Respondent acknowledges and agrees that payments for services provided under this Contract are contingent upon TJJD’s receipt of funds appropriated by the Texas Legislature. Payment will be made in accordance with the Texas Prompt Payment Act, Texas Government Code, Subtitle F, Chapter 2251.

3. The auditor shall invoice TJJD for 50% of the total fee upon submission of the interim audit report for payment by TJJD. The auditor shall invoice the remaining 50% of the payment to be paid upon receipt by TJJD for the final audit report after any corrective action period.

I. CHANGE CONTROL:

The Contract may only be amended or supplemented in writing, executed by the parties hereto or their successors, and expressly made a part of the contract, except that TJJD reserves the right to make unilateral minor administrative changes to correct typographical errors, change the TJJD contract identification number, or increase the “Not to Exceed (NTE)” amount if necessary for continuation of services.

mailto:tjjdinvoice@tjjd.texas.gov

SECTION III

PROPOSAL SUBMITTAL INFORMATION

A. SCHEDULE OF EVENTS: The following dates represent TJJD’s desired schedule of events associated with this solicitation. TJJD reserves the right to modify these dates at any time, with appropriate notice to prospective respondents.

EVENT DATE

Issue solicitation Deadline for Submission of Questions Deadline for Posting of Questions

February 5, 2025 February 11, 2025, 5:00 P.M. CT February 13, 2025 CT

Deadline for Submission of Proposals February 20, 2025, 3:00 P.M. CT Complete Evaluation and Review of Proposals Execute Contract Commence Services

February 25, 2025 March 2, 2025 March 15, 2025

All inquiries that result in a change to the solicitation or that TJJD deems necessary for clarifications will result in a written addendum.

B. PROPOSAL REQUIREMENTS:

1. Purpose of Instructions

The following paragraphs set forth instructions for proposal preparation and the required format. These instructions are designed to assure the submission of information essential to the understanding and comprehensive evaluation of the Respondent's proposal.

Proposals shall be prepared in accordance with these instructions providing all required information in the format specified. Failure of a proposal to show compliance with these instructions may be grounds for exclusion of the proposal from further consideration.

2. Submission of Proposal

Proposals must be typed using 12-point font print, all pages numbered, a table of contents included, and sections clearly tabbed. Do not submit printed firm brochures with the Proposal. Proposals shall be submitted under the tabs as described in Paragraph C.

a. Each proposal must contain individual sections, as well as subsections addressing each of the solicitation criteria in order.

b. Proposals must be emailed to: tjjd-contracts-ebids@tjjd.texas.gov. Proposals must be received by TJJD on or prior to the due date stated in the Schedule of Events.

c. Proposal should be attached as one (1) PDF file, the email subject line must have the solicitation number, name and respondent’s business name. The text in the email shall contain this information along with the submittal deadline/opening date, and time. It is the Respondent’s responsibility to ensure that the email for the proposal contains this information and is emailed to TJJD by the specified due date and time. TJJD is not responsible for delays that may occur in electronic submission or email servers.

d. Receipt of all addenda to this solicitation should be acknowledged by returning a signed copy of each addendum to the response as part of the Respondent’s submitted proposal. The Respondent’s failure to acknowledge receipt of all addenda to this solicitation will in no way release the selected Respondent from “addenda or additional information” resulting in additional costs to meet the requirements of the solicitation.

mailto:tjjd-contracts-ebids@tjjd.texas.gov

e. Responses submitted shall constitute an offer for a period of one hundred twenty (120) days or until award is made by TJJD, whichever is later.

f. Respondent is responsible for all of Respondent’s own costs of proposal preparation and submission for this solicitation.

g. TJJD incurs no obligation regarding this solicitation unless and until a contract is fully executed by the Parties. However, all proposals received by TJJD will remain confidential until the evaluation process is complete.

h. Proposals will be subject to the Texas Public Information Act (PIA), Texas Government Code, Chapter 552, and may be disclosed to the public upon request. Respondent may request protection of trade and confidential information from public release by clearly marking each page on which this information appears with “Confidential” in bold face type at least 14-point font, however all information submitted is subject to the Act and considered for release.

i. Prospective Respondents are asked to bear in mind that all material submitted should be directly pertinent to the requirements of the solicitation. Extraneous narrative, elaborate brochures, uninformative PR material, etc. shall not be submitted.

j. Telephone, mail, or Facsimile transmission of proposal will not be accepted.

k. Proposals from a partnership shall be signed in the firm name by at least one (1) general partner or in the firm name by an Attorney-in-fact. If signed by an Attorney-in-fact, there shall be attached to the Proposal a Power of Attorney evidencing authority to sign the Proposal, dated and executed by all partners in the firm. Proposals from a corporation shall have the correct corporate name thereon and the signature of an authorized officer of the corporation. Title of office held by the person signing for the corporation shall appear below the signature of the officer. Proposals from an individual doing business under a firm or fictitious name shall be signed in the name of the individual doing business under the proper firm’s name. Proposals of a joint venture shall be signed by all members or by a member of the joint venture if there is attached to the Proposal a copy of the Joint Venture Agreement evidencing that the Proposal is signed by the member who has authority to bind the Joint Venture.

Unsigned proposals will not be considered under any circumstances.

C. RESPONSE CONTENT REQUIREMENTS AND SUBMISSION:

Content: Below is a summary of requested information. A Proposal submitted without this information will be evaluated accordingly. TJJD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. The following documents must be submitted with the response. Failure to do so may result in disqualification.

1. Response Content Submission:

TAB 1 Transmittal Letter, addendums (if applicable), all signed, and preferences TAB 2 Company Information and organization, organization profile and experience and experience and qualification.

TAB 3 Work Plan-System Requirements, Training, Personnel qualifications TAB 4 Execution of Offer (Exhibit A)

TAB 5 Pricing Schedule (Exhibit B) see excel attachment TAB 6 References TAB 7 Solicitation Exceptions and/or Assumptions TAB 8 Exhibit E – Prison Rape Elimination Act (PREA) and Preventing Sexual Misconduct Policy Overview and Training Acknowledgement for TJJD’s Contract Service Providers TAB 9 Exhibit F – Data Usage Agreement

2. Description of TAB Information Content

TAB 1:

a. Transmittal Cover Letter, limited to two (2) pages, which shall include a brief statement of the Respondent’s understanding of the work to be performed and summary of proposed features, signed.

b. Acknowledgement of solicitation addendums, if applicable, signed; and

Preferences: Describe all procurement preferences to which you are entitled under Texas Government Code – Texas Government Code Section § 2155.444:

such as Disabled Service Veteran or Services from Economically Depressed or Blighted Areas.

TAB 2:

a. Company Information: Including, but not limited to the following:

1. Description of Individual or Entity (e.g., Company), names and addresses of principal officers, directors, or partners

2. Ownership, if a corporation, include the date and state of incorporation

3. Primary Service location(s)

4. Physical and mailing address, if different

5. Other service locations

6. Telephone and facsimile number

7. E-mail address and phone number of Respondent’s primary contact

8. Provide Certificate of Liability to include the name and address of the Respondent's insurance carrier, for the purpose of responding to this solicitation, the Respondent will be required to purchase insurance as specified in the Terms and Conditions prior to award.

9. Statement about whether or not any content in the Respondent’s proposal is or will be copyrighted.

10. Describe any litigation Respondent’s key personnel and company has been involved in over the past five (5) years.

11. Current audited Financial Statement of the Respondent and parent organization and it must include the name, signature and certification of the company or individual who certifies that such document is true and accurate.

b. Company Organization, Organization Profile and Qualifications (30 Points) This tab shall consist of the Respondent's description of its organizational capabilities and qualifications and plans to satisfy and support the requirements of this solicitation.

NO PRICING DATA SHALL BE SUBMITTED IN THIS TAB.

This section shall contain a clear description of the entity submitting the proposal, including an outline of the history of the organization, organizational capabilities, goals and purposes, an organizational chart listing staff members and all satellite offices, and days and hours of operation.

TAB 3: Work Plan (30 Points)

a. Respondent shall provide:

1. Description of how Respondent intends to meet the goals as stated in this solicitation.

Provide a detailed description of the proposed PREA-Auditor Services to be provided.;

2. Explain how the services will be administered;

3. Include the proposed staffing structure through project completion; and

4. An implementation plan that starts from the date of the signing of the contract and includes training of TJJD personnel, rollout and initial implementation.

5. Provide timeline for training and rollout per facility.

6. Limit responses to facts, solutions to problems, and plans of proposed action.

b. Personnel Qualifications (20 Points):

Provide key personnel and describe services your organization and/or key personnel have provided in the past five (5) years that demonstrates your organization’s capability to carry out the proposed services. Include the nature of the services provided, scope of activities, and the organization for which the service was provided. Also, provide any experience in providing similar services to public entities.

TAB 4: Execution of Offer (Exhibit A) Respondent shall complete and submit the Exhibit A with Respondent’s proposal.

TAB 5: Pricing Schedule (Exhibit B) (20 Points) Provide and submit Pricing Schedule Exhibit B with proposal.

TAB 6: References: (P/F) Provide a minimum of three (3) references for which similar services were performed or provided.

Preferred references would be state or local agencies or organizations whose requirements were of like magnitude and scope as outlined in the solicitation. Respondent shall not include contracts where Respondent performed only as a subcontractor or provided only partial delivery of services.

Include program description, contact names, position, agency or organization name, e-mail address, and telephone number for each reference listed. Respondent should provide only references that have correct and active contact information for TJJD to be able to contact the references if TJJD decides to contact the references provided.

Respondent shall furnish the following information for each past and present reference contract:

1. Name of contracting activity;

2. Contract number;

3. Contract type (firm fixed price, cost reimbursement, etc.);

4. Total contract value;

5. Dates of contract performance;

6. Description of services performed;

8. Contracting officer and telephone number; and

9. Program/technical manager and telephone number.

TAB 7: Solicitation Exceptions and /or Assumptions:

In this section, Respondent shall indicate compliance with solicitation requirements set forth in the solicitation. It is not necessary to respond on a paragraph-by-paragraph basis; but to identify by reference, any exceptions in a single statement. If the Respondent agrees to the terms of the solicitation in its entirety, a single statement to that effect will suffice.

If the Respondent does not certify compliance with any of the above listed sections, Respondent shall also include in this section any assumptions used in preparing the proposal and any exceptions and/or requested changes. All deviations from the solicitation requirements or terms and conditions shall be fully explained and justified.

TAB 8 Exhibit E – Prison Rape Elimination Act (PREA) and Preventing Sexual Misconduct Policy Overview and Training Acknowledgement for TJJD’s Contract Service Providers

Respondent submitting a proposal shall review, click on the link to access the training (link is located on the form) and acknowledge Exhibit E - TJJD PREA Policy Overview and Training Acknowledgment form. Respondent submitting a proposal shall include the signed PREA Acknowledgement form in their proposal.

TAB 9 Exhibit F – Data Usage Agreement Respondent submitting a proposal shall acknowledge Exhibit F – Data Usage Agreement form.

Respondent submitting a proposal shall include the signed Exhibit F – Data Usage Agreement form in their proposal.

D. INQUIRIES:

1. All inquiries should be submitted in writing to both the contract specialists below:

Primary Contact:

Contract Specialist: Dorene Corsentino, CTCM, CTCD by email to Dorene.Corsentino@tjjd.texas.gov.

Phone: (512) 490-7124

Secondary Contact:

Contract specialist Charles P. Matuke, CTCM, CTCD, Charles.P.Matuke@tjjd.texas.gov.

2. All relative inquiries will result in written responses by addendum and posted to the Electronic State

Business Daily (ESBD) at: http://www.txsmartbuy.com/esbd.. If Respondent does not have Internet access, copies may be obtained through the point of contact listed above.

3. Beside written inquiries as described above, other employees and representatives of TJJD will not answer questions or otherwise discuss the contents of the solicitation with any potential Respondent or Respondent representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this RFP.

4. Any changes to this solicitation will be posted as an addendum on the ESBD It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a proposal. Failure to periodically check the ESBD will in no way release the selected contractor from “addenda or additional information” resulting in additional costs to meet the requirements of the solicitation.

If this solicitation is amended by addendum all terms and conditions which are not modified remain unchanged.

E. THE AGENCY REPRESENTATIVE OF DISCUSSION AND CORRESPONDENCE

All communications and questions concerning this solicitation, including any of a technical nature, must be made through TJJD Contracts Department. All correspondence and communication, including written questions, shall be directed to TJJD’s contact person listed in this solicitation.

mailto:Dorene.Corsentino@tjjd.texas.gov mailto:Charles.P.Matuke@tjjd.texas.gov http://www.txsmartbuy.com/esbd

Written answers to the questions will be provided to all Respondents thru the ESBD by addendum(s).

Respondent should only rely on the written information provided in this manner. Respondents are specifically barred from making contact with any TJJD personnel involved in this solicitation for the purpose of discussing Respondent’s proposals. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this solicitation.

Respondents are specifically cautioned against relying on any oral information. The responsiveness of each proposal will be evaluated upon instructions given in this solicitation and any addendums thereto. Unauthorized contacts with TJJD personnel could result in the proposal being rejected in its entirety.

F. POINT OF CONTACT:

The Respondent shall provide the name, address and phone number of a point-of-contact for questions concerning the submitted proposal.

Name: Title:

Phone Number: Fax Number:

Email:______________________________________________

Street Address:

City: State: Zip Code:

G. QUESTION AND ANSWERS:

Respondents must submit all questions regarding this solicitation by email to the TJJD to both point of contacts for this solicitation. Questions regarding this solicitation will be accepted by the date and time specified in the Schedule of Events. TJJD will respond to questions received no later than the date and time specified in the Schedule of Events.

By submission of an inquiry, Respondent acknowledges that the applicable inquiry and official answer may be shared with other Respondents and therefore Respondents will not include any confidential or proprietary information in such inquiries. TJJD will not identify the Respondent that submitted any particular inquiry.

H. DELIVERY OF PROPOSALS:

1. Proposals shall be emailed to TJJD at the following email address:

tjjd-contracts-ebids@tjjd.texas.gov

2. Proposals received by email to TJJD after the deadline stated in the Schedule of Events in this section may be disqualified and will not be evaluated.

I. PROPOSAL OPENING:

1. Proposals will be received until the date and time established for receipt. Proposals will be opened after the Deadline for Submission of Proposals as stated on the Schedule of Events.

2. Telephone calls and facsimiles are not acceptable when in response to this solicitation.

mailto:tjjd-contracts-ebids@tjjd.texas.gov

3. All submitted Proposals become the property of the State of Texas, after the deadline/opening date.

Prices and terms will not be divulged until after contract award.

J. EVALUATION PROCESS:

Selection of proposal for award will be based on the Best Value to TJJD. TJJD will solely determine the Best Value through evaluation of each proposal. TJJD reserves the right to reject any and all proposals, or to re-solicit or cancel this RFP, if such action is deemed in the best interest of the State of Texas and TJJD.

1. An evaluation committee will be established by TJJD to review and evaluate the proposals. The committee will include employees of TJJD and may include other impartial individuals who are not TJJD employees. No information will be provided to anyone about the status of the proposals while they are under evaluation.

2. At any stage in the process, TJJD may request clarification or additional information to provide the required service(s). Respondent’s responses will become part of Respondent’s proposal. TJJD reserves the right to accept or reject all or part of any proposal, waive minor technicalities, and award the contract to best serve the interest of the State.

3. Proposal will be evaluated on the basis of the ability to meet the requirements of this solicitation.

Minor irregularities: To be considered responsive, a proposal must set forth full, accurate, and complete information and all forms must be signed as indicated and as required by this solicitation.

If the requirement that is not met is considered a minor irregularity or an inconsequential variation, an exception may be made at the discretion of TJJD and the proposal considered responsive. This may occur only if the variation has negligible significance to price, quality, quantity, or delivery of services and does not affect the competitiveness of other proposals. Please note - not signing in the required places and answering “no” to any of the assurances is not considered a minor irregularity.

4. The Evaluation Committee will determine the Respondent’s proposal to select for award of a contract. The proposals meeting the minimum qualifications described in this solicitation, will be scored and ranked. The highest ranked respondents may be asked to make presentations to the evaluation committee (if applicable). Each presentation will be scored and factored into an overall score. The highest scoring proposal will be selected for award of a contract. Negotiations may be conducted with one or more of the highest ranked respondents to ensure best value is obtained.

Best and final offers (BAFOs) may be requested. This will be at the sole discretion of TJJD. TJJD requests BAFOs by email.

5. In evaluating Proposals to determine the best value for the State of Texas, TJJD may consider information related to past contract performance of a Respondent including, but not limited to, State of Texas Vendor Performance Tracking System, available at https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/. Prior work performance with TJJD and other state agencies or governmental entities which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification. In addition, Respondents involved in litigation with TJJD or another state agency may be disqualified.

6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of Sections 2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Texas Government Code. Respondent may fail this selection criterion for any of the following conditions:

a. A grade lower than “C” in the Vendor Performance System;

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

b. Currently under a Corrective Action Plan through the Texas Comptroller of Public Accounts (CPA);

c. Having repeated negative Vendor Performance Reports for the same reason; or

d. Having purchase orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

Vendor performance information is located on the CPA web site at:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ . This link is provided for the convenience of the Respondents. The link may change or may no longer be available.

7. TJJD may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code Section 20.115), TJJD may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Any such investigations shall be at the sole discretion of TJJD, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

K. EVALUATION CRITERIA

The evaluation process includes an evaluation of the written proposal which may result in scoring to develop a short list of Respondents that may continue to the best and final offer (BAFO) stage or result in one Respondent that is to be awarded if that Respondent clearly outscores all other Respondents.

The BAFO stage may possibly include oral presentation, demonstrations, discussions, and/or site visits in an effort to fully understand the Respondents capabilities. If there are two stages, the preliminary scoring will be based on the total points awarded by the Evaluation Committee. After oral presentations (if any), evaluators will reevaluate proposals of the “short list” using the same criteria and will use these scores as the final evaluation scores

TJJD reserves the right to request additional information in an effort to fully understand a Respondent’s capabilities:

1. The Evaluation Criteria and their respective weights are as follows:

A. Company Organization, Organization Profile and Qualifications 30% B. Work Plan 30% C. Personnel Qualifications 20% D. Price 20% 100%

EVALUATION CRITERIA

Completeness of Response Responses to this RFP must be complete and responsive. Responses that do not include the proposal content requirements identified within this RFP (under Proposal Content Submission) and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Administrative Review and will receive no further consideration.

Pass/Fail

References Provide a minimum of three (3) references for which similar services were performed or provided. Preferred references would be state or local agencies or organizations

Pass/Fail https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ whose requirements were of like magnitude and scope as outlined in the solicitation.

TJJD may use discretion to pass or fail a reference check.

Company Organization, Organization Profile and Qualifications Respondent's description of its organizational capabilities.

Shall contain a clear description of the entity submitting the proposal, including an outline of the history of the organization, organizational capabilities, goals and purposes, an organizational chart listing staff members and all satellite offices, and days and hours of operation.

Company shall describe the qualifications and plans to satisfy and support the requirements of this solicitation.

Respondents to describe work experience with juvenile justice and juvenile justice facilities as well as having experience in Texas will be taken into consideration.

Companies located in Texas will be given priority over companies outside the state.

30 Points

Work Plan The Work Plan will be evaluated on the Respondent’s description of how it intends to meet the requirements set forth in the solicitation. The evaluation factors that will be used include content of the proposal and descriptions of requirements below.

30 Points

Personnel Qualifications:

Provide key personnel and describe services your organization and/or key personnel have provided in the past five (5) years that demonstrates your organization’s capability to carry out the proposed services. Include the nature of the services provided, scope of activities, and the organization for which the service was provided.

Also, provide any experience in providing similar services to public entities.

20 Points

Price The proposed prices set forth in Exhibit B – Pricing Schedule will be evaluated in terms of reasonableness, competitiveness with other Respondents, similar programs in the marketplace, and the ability of TJJD to commit to the expense.

20 points

TOTAL MAXIMUM POINTS 100 points

L. REDACTED ELECTRONIC COPY:

Under House Bill 3430, 80th Texas Legislature, (transferring Section 2177.052, Texas Government Code, to Chapter 322, Texas Government Code and re-designating it as Section 322.020) and as per the following requirements, no later than two (2) business days after Awarded Respondent’s receipt of notice from TJJD of Awarded Respondent’s tentative contract award, Awarded Respondent (and no other service providers) must deliver to TJJD via email one (1) electronic copy of its complete and redacted proposal in compliance with all of the following requirements.

1. A copy of Awarded Respondent’s proposal, in searchable pdf format, which has excised, blacked out, or otherwise redacted information from its proposal that Awarded Respondent reasonably considers to be confidential and exempt from public disclosure under the Texas Public Information

Act, Chapter 552 of the Texas Government Code (this should be a de minimis portion, if any, of Awarded Respondent’s Proposal, such as social security numbers).

2. An Appendix for Awarded Respondent’s Proposal which provides a cross reference for the location of all information redacted by Awarded Respondent and a general description of the redacted information.

3. Identified as “For Public Release: The redacted version of [Name of Awarded Respondent]’s the awarded contractor’s Proposal and Exhibits. Texas Juvenile Justice Department, RFP No. 644-25- 092024

4. The Texas Legislative Budget Board (LBB) has now implemented a contracts database. For information regarding the LBB contracts database, go to:

http://www.lbb.state.tx.us/Contract_Reporting.aspx. For information regarding the LBB, see the LBB website at http://www.lbb.state.tx.us/.

5. TJJD is required to upload certain contracts to the LBB’s contract database and if applicable shall upload the contract(s) resulting from this solicitation to the LBB’s contracts database which will include the text of the complete contract (with limited redaction and appendix) no later than thirty

(30) days after date of contract award. It is the responsibility of the awarded Respondent to ensure all confidential or company private information has been redacted prior to TJJD posting the Contractor’s proposal to the LBB website. In submitting a proposal in response to this solicitation, Respondent acknowledges that they understand and accept this requirement.

M. PROPRIETARY OR CONFIDENTIAL INFORMATION:

Proposals may include proprietary or confidential information. Subject to the provisions of the Texas Public Information Act, TJJD will take reasonable precautions in protecting such information provided that it is clearly identified as proprietary or confidential on the page on which it appears.

N. PUBLIC DISCLOSURE:

Prior to tentative award of a Contract, a respondent may not issue a press release or provide any information for public consumption regarding its participation in the procurement. After tentative award, the awarded respondent must receive prior written approval from TJJD before issuing a press release or providing information for public consumption regarding its participation in the procurement.

Requests should be directed to the TJJD Point of Contact identified in the solicitation. The solicitation does not preclude business communications necessary for a respondent to develop a proposal, or required reporting to shareholders or governmental authorities.

O. PROTEST

1. Any actual or prospective bidder, offeror, or contractor who considers himself/herself to have been aggrieved in connection with TJJD's solicitation, evaluation, or award of a contract may formally protest to the chief financial officer (CFO) or his/her designee. Such protests must be made in writing and received in the office of the CFO within 10 workdays after the protesting party knows, or should have known, of the occurrence of the action that is protested. Formal protests must conform to the requirements of TJJD’s Protest policy and will be resolved through use of the procedures that are described within. The protesting party must mail or deliver copies of the protest to the agency and other interested parties.

http://www.lbb.state.tx.us/Contract_Reporting.aspx http://www.lbb.state.tx.us/

2. In the event of a timely protest under this rule, the agency will not proceed further with the solicitation or award of the contract unless the CFO, after consultation with appropriate staff, makes a written determination that the contract must be awarded without delay to protect the best interests of TJJD.

P. AWARD OF CONTRACT

1. A response to a solicitation is an Offer to contract with TJJD based on the terms, conditions, and specifications contained in the solicitation. Response does not become a contract or purchase order unless and until it is accepted through an authorized TJJD designee by issuance of a Contract document or purchase order.

2. Any contract or purchase order resulting from this procurement shall consist of one (1) document.

This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of:

a. the solicitation (including its attachments, exhibits, supplements, and addenda);

b. the Awarded Respondent’s Proposal;

c. negotiated changes; and

d. the Awarded Respondent’s Best and Final Offer (if applicable).

Q. Order of Precedence

In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority:

The Contract, including all attachments;

1. Service Provider’s Best and Final Offer (if required);

2. Negotiated written changes and written clarifications;

3. Service Provider’s proposal dated __________________; and

4. Request for Proposal, including all exhibits.

SECTION IV

GENERAL REQUIREMENTS

A. SECURITY

1. TJJD will provide the Awarded Contractor with access to confidential agency documents including staff and youth records within various facilities, possibly containing the personal identifiable information (PII). All confidentiality requirements and background check requirements will be required.

2. Awarded Contractor must comply with applicable statutes related to Criminal Justice Information

System (CJIS) security.

3. Awarded Contractor will need to meet applicable TJJD background check, child abuse registry checks, Human Resources Screening (the same as required by TJJD employees) and TJJD confidentiality policies.

EXHIBIT A

EXECUTION OF OFFER

NOTE: RESPONDENT SHALL COMPLETE AND RETURN THIS EXHIBIT WITH PROPOSAL. FAILURE TO DO

SO WILL RESULT IN DISQUALIFICATION OF THE PROPOSAL.

By signature hereon, Respondent certifies that:

All statements and information prepared and submitted are current, complete and accurate.

Failure to sign the Execution of Offer or signing it with a false statement shall void the submitted Offer or any resulting contracts.

Prior Disaster Relief Contract Violation. Under Section 2155.006 and 2261.053, Government Code, the Respondent certifies that the individual or business entity named in this response is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.

Sections 2155.006 and 2261.053 of the Texas Government Code, prohibit state agencies from accepting a response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Therefore, undersigned Respondent certifies that the individual or business entity named in this response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

Compliance with Child Support Obligation Pursuant to Texas Family Code Section 231.006 Under Section 231.006 of the Texas Family Code, Service Provider must certify that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate.

Therefore, to assess compliance with Texas Family Code Section 231.006: SERVICE PROVIDER MUST PROVIDE, IN…