ESBD_File_281422_696 PF-22-P024 A-003 rev 1.pdf

AMENDMENT OF SOLICITATION Page 1 of 5 Pages

1. SOLICITATION NO.

696-PF-22-P024

2. AMENDMENT NO.

A-003

3. EFFECTIVE DATE

May 10, 2022

4. ISSUED BY

Texas Department of Criminal Justice Contracts and Procurement, Client Services and Governmental Contracts Two Financial Plaza, Suite 525 Huntsville, Texas 77340

5. NAME AND ADDRESS OF OFFEROR

6. The above numbered solicitation is amended as set forth in Item 7. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 5 and 8, and returning one (1) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or e-mail which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by e-mail or letter, provided each e-mail or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

7. DESCRIPTION OF AMENDMENT

The purpose of this amendment is to:

A. Replace Exhibit J.3, Compliance Standards and Average Daily Salary Schedule, in its entirety.

B. Revise Section L.8.1.C.7, Volume One – Introductory Portion of Proposal, to read as follows:

Offerors shall include a list of all legal actions pending against their organization and the outcomes of any final judgements within five (5) calendar years immediately preceding the submission of an Offeror’s proposal.

C. Answer questions.

Except as provided herein, all terms and conditions of the solicitation, as heretofore changed, remain unchanged and in full force and effect.

8a. NAME AND TITLE OF SIGNER (Type or Print)

8b. OFFEROR

(Signature of Person Authorized to Sign) Date Signed

Payment Adjustment Calculation

1. The Contractor shall staff all Counselor III positions within thirty (30) Days and all other positions within one hundred twenty (120) Days.

Reduce by an Average Daily Salary (see Attachment A) for each Day a position remains vacant in excess of thirty (30) or one hundred twenty (120) Days.

2. All Services shall be compliant with the Contract requirements, as directed in Section E.1.C.1.

Reduce for all findings of non-compliance:

3. The Contractor shall correct all identified areas of non-compliance, as identified by the Department, within twenty (20) Days or by the date of a Department-approved extension, as directed in Section E.1.C.1.

Reduce by the Average Daily Salary (see Attachment A) of the warden for each Day an issue of non-compliance is not corrected within twenty (20) Days or by the date of a Department-approved extension.

4. The Contractor shall correct all identified areas of non-compliance, as identified by a government regulatory agency, as directed in Section E.1.C.2.

Reduce by the Average Daily Salary (see Attachment A) of the warden for each Day past the deadline established by the Agency.

5. The Contractor shall correct all identified areas of non-compliance in regards to PREA and ACA standards deemed applicable and within the time frame determined by the Department or by the date of a Department-approved extension.

Reduce by the Average Daily Salary (see Attachment A) of the warden for each Day an issue of non-compliance is not corrected within the time frame set forth by the Department.

6. The Contractor shall achieve and maintain ACA accreditation throughout the Contract. Reduce $500.00 for each Day that accreditation fails to be achieved and maintained throughout the Contract. Facility has twenty (20) Days to cure before this becomes an Event of Default.

Reduce by the Average Daily Salary (see Attachment A) of the warden for each Day each report is late.

Reduce by $100.00 per identified error.

Reduce by $300.00 for errors 1 through 5.

Reduce by $500.00 for errors 6 through 10.

Reduce by $2500.00 for errors in excess of 10.

Reduce $100.00 for each Day errors remain unresolved.

9. The Contractor shall submit all Use of Force reports within fifteen (15) Days of incident occurrence.

Reduce $100.00 for each Day the report is late.

10. The Contractor shall report all serious and/or unusual incidents, including PREA, to the TDCJ-PFCMOD Monitor within one (1) hour of the incident.

Reduce $1000.00 for each incident not reported.

11. The Contractor shall make the initial notification to the EAC of all incidents within three (3) hours of the incident.

Reduce $200.00 for each thirty (30) minute interval beyond the acceptable three (3) hours (with a maximum of six (6) intervals). Any notification received after this time will be reduced an additional $300.00.

12. The Contractor shall send a preliminary written report to the EAC and appropriate TDCJ- PFCMOD staff (Deputy Director of Operations, Regional Supervisor, and TDCJ-PFCMOD Monitor) within three (3) hours following the initial notification of the incident.

Reduce $200.00 for each thirty (30) minute interval beyond the acceptable three (3) hours (with a maximum of six (6) intervals). Any notification received after this time will be reduced an additional $300.00.

Reduce by $300.00 for errors 1 through 5.

Reduce by $500.00 for errors 6 through 10.

Reduce by $2500.00 for errors in excess of 10.

Reduce $100.00 for each Day errors remain unresolved.

14. The Contractor shall submit all Administrative Review of Incident reports within ten (10) Working Days of incident occurrence.

Reduce $100.00 for each Day the report is late.

The Contractor shall accurately and completely report all Administrative Review of Incident reports.

Compliance Standards Standard

8.

13.

The Contractor shall submit typed, complete, and accurate monthly reports, with appropriate signatures, by the fifth (5th) Working Day of the month.

7.

The Contractor shall accurately and completely report all Uses of Force, in accordance with the Department's Use of Force Plan.

# High Medium Low 1-9 $1,000 $0 $0

10-20 $1,500 $1,000 $500 21-30 $2,500 $2,000 $1,500 31+ $5,000 $4,000 $3,000

Page 1 of 2 12/1/2021

696-PF-22-P024

Amendment A-003 Exhibit J.3

Payment Adjustment Calculation Compliance Standards

Standard

15. The Contractor shall process Inmate disciplinary cases in accordance with Department

Disciplinary Policy to ensure cases do not lapse.

Reduce $100.00 for each lapsed case.

16. The Contractor shall process all disciplinary cases to ensure a satisfactory completion ratio (good/bad) not to exceed a 90/10 ratio.

Reduce $100.00 for each percentage above 10%.

17. The Contractor shall deploy staff to all correctional supervisor and correctional officer duty posts.

Reduce by the Average Daily Salary (see Attachment A) of a correctional officer for a post not manned or for a post not manned by qualified trained staff.

18. In the absence of a teacher, educational programs must continue to be conducted by a substitute teacher.

Reduce by $150.00 for each class that is not conducted.

19. The Contractor shall ensure any Inmates released from custody are eligible and approved for release in accordance with all applicable Department Policies.

Reduce $10,000.00 for each erroneous release. Reduce $1,000.00 for each Day the Inmate remains out of custody, at the discretion of the TDCJ-PFCMOD Director.

Reduce $25,000.00 for each escape.

Reduce $1,000.00 for each Day the Inmate remains out of custody, at the discretion of the TDCJ-PFCMOD Director.

21. The Contractor shall ensure all purchases/reimbursements from the Facility commissary account are authorized with an approved Fund Expenditure Request (FER) and all equipment purchases are authorized with an approved Pre-Approval Request.

Reduce by $500.00 for any unauthorized purchase/reimbursement.

22. The Contractor shall conduct drug tests of Inmates currently assigned to the Facility within the required time frame.

Reduce by $50.00 per Inmate not drug tested within the required time frame.

23. The Contractor shall process Inmate Step 1 Grievances in accordance with Department Policy time frames.

Reduce by $100.00 for each Day the grievance is late.

The Contractor shall ensure Inmates do not escape from custody and are held in accordance with all applicable Department Policies.

The Department has the right to withhold the Monthly Contractor Payment or temporarily suspend some or all of the payment adjustments identified in the above table.

Decisions to suspend payment adjustments will be made by the TDCJ-PFCMOD Director and will be conveyed to the Contractor by letter.

Decisions and notifications to reinstate payment adjustments will be handled in a similar manner.

20.

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696-PF-22-P024

Amendment A-003 Exhibit J.3

Position Base Period Year 1 - FY24

Base Period Year 2 - FY25

Option Period 1

FY26

Option Period 2

FY27

Option Period 3

FY28

Warden / Assistant Warden $500 $515 $530 $546 $563

Business Manager / Bookkeeper / Personnel $146 $151 $155 $160 $165

Major / Captain / Lieutenant / Sergeant $180 $186 $191 $197 $203

Correctional Officer $119 $123 $126 $130 $134

Risk Manager / Grievance / Quality Assurance / Counsel Substitute / Training / Etc. $146 $150 $155 $160 $164

Unit Support (Property / Maintenance / Chaplain / Classification / Etc. ) $135 $139 $143 $148 $152

Education $166 $171 $176 $181 $186

Administrative Assistant / Clerk / Receptionist $102 $105 $108 $111 $115

Position Base Period Year 1 - FY24

Base Period Year 2 - FY25

Option Period 1

FY26

Option Period 2

FY27

Option Period 3

FY28

Program Supervisor / Program Director / Assistant Director $148 $152 $157 $162 $167

Substance Abuse Counselor III / Senior Counselor / Addiction Severity Index (ASI) Tester / Training Specialist $130 $134 $138 $142 $146

Substance Abuse Counselor I & II / Counselor & Counselor Intern / Substance Abuse Counselor Coordinator / Certified Program Coordinator & Instructor $128 $132 $136 $140 $144

Case Manager / Transition Coordinator / Transitional Case Manager / Intake Discharge Manager $116 $119 $123 $127 $131

Administrative Assistant / Cognitive Intervention Coordinator / Treatment Specialist / Support Staff Clerical $102 $105 $108 $111 $115

Operation and Management Services Average Daily Salary

Rehabilitation Treatment Services Average Daily Salary

Page 1 of 1 12/1/2021

696-PF-22-P024

Amendment A-003 Exhibit J.3

Attachment A

Questions and Answers:

Question #1: C.3.B General Duties and Obligations (page 22)

According to C.3.B General Duties and Obligations Section B, the bidders are required to be 10% less of the cost to provide similar programs to and house those types of Inmates in the Department-operated facilities. Can the department provide the required cap per diem rate?

Answer #1: This is a negotiate procurement and this information cannot be released, however the current per diem rates are as follows:

Description Per Diem Rate

* Operational Services $32.01 *Rehabilitation Treatment Services SAFPF/IPTC Treatment Program $12.34 SAFPF Special Needs Treatment Program DWI Treatment Program $ 8.96 ISF Treatment/Cognitive Program $ 7.45

Question #2: Volume One, Section 1, C.7 (page 122)

Requires offerors to provide a list of pending “legal actions” and the “outcomes of any final judgments.” Is it acceptable for the offeror to limit the timeframe for this information to the last five years?

Answer #2: Yes. Please see revised language above.

Question #3: Page 115, Section L.1.2, Public Hearing Requirements and Notification Requirements.

Would the Department please confirm that the requirements of this section, specifically the requirement to hold a public meeting, apply only to new facilities and not to existing facilities proposing to continue the same services at the same location/site for TDCJ?

Answer #3: The Department confirms that the requirements of this section do not apply to existing facilities at the same address, providing the same services and under the same DSHS license.

696-PF-22-P024 Amendment A-003