ESBD_File_281422_696-PF-22-P024 Solicitation.pdf

SOLICITATION, OFFER AND AWARD

1. CONTRACT NO.

2. SOLICITATION NO.

696-PF-22-P024

3. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFO)

NEGOTIATED (RFP)

4. DATE ISSUED

April 14, 2022

SOLICITATION

5. Sealed offers will be received by the Department until 3:00 p.m. local time on May 17, 2022, and submitted to:

Texas Department of Criminal Justice Contracts and Procurement Department Client Services and Governmental Contracts Branch Two Financial Plaza, Suite 525 Huntsville, Texas 77340 Attention: 696-PF-22-P024

6. FOR INFORMATION CONTACT:

Contract Specialists:

Nikala Deveraux or Irene Garcia, CTCD, CTCM

PHONE: (936) 437-7135 or (936) 437-7119

FAX: (325) 223-0310

EMAIL: nikala.deveraux2@tdcj.texas.gov or irene.garcia2@tdcj.texas.gov

OFFER (Must be fully completed by Offeror)

7. DISCOUNT FOR PROMPT PAYMENT: 10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

8. ACKNOWLEDGMENT OF

AMENDMENTS:

The Offeror acknowledges receipt of amend-ments to the SOLICITATION for Offerors and related documents numbered and dated:

AMENDMENT NO. DATE AMENDMENT NO. DATE

9. NAME AND ADDRESS

OF OFFEROR:

10. NAME AND TITLE OF PERSON AUTHORIZED

TO SIGN OFFER (Type or Print)

11. TELEPHONE NO. (Include area code)

12. SIGNATURE

13. OFFER DATE

TO BE COMPLETED AT TIME OF AWARD

Document Type: 9 Statutory Cite: Texas Government Code, Sections 493.009, 495.001, 501.0931 508.119(c) and 508.284

This award consummates the Contract which consists of the following documents: (a) the State’s solicitation, and solicitation amendments, such provisions, representations, certifications, specifications, and negotiated changes as hereby incorporated and attached to this award; (b) the Contractor’s offer, points of clarification, responses to clarification request and/or best and final offer, and negotiated changes as hereby incorporated and attached to this award; and (c) this award.

In the event of a conflict between any terms and conditions of this Contract document with the Contractor’s offer, points of clarification and/or best and final offer, the terms which are more favorable to the Department shall prevail.

The total amount for the Base Period (September 1, 2023 – August 31, 2025) shall not exceed $ .

Contractor Texas Department of Criminal Justice

By: By:

Name: Bryan Collier Title: Title: Executive Director Date: Date:

SUMMARY OF KEY DATES FOR PROPOSAL SUBMISSION

April 14, 2022 Post to ESBD

April 21, 2022 1:30 p.m. Pre-Proposal Conference

April 29, 2022 5:00 p.m. Last Day to Submit Written Questions for Clarification to the Department

May 17, 2022 3:00 p.m. Deadline for Receipt of Proposals In Huntsville

LATE OFFERS WILL NOT BE ACCEPTED

September 1, 2023 Service Commencement Date

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION A – CONTRACT DEFINITIONS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired B.1.2 Pricing Instructions

B.2 PRICING SCHEDULE

B.2.1 Pricing Schedule A B.2.2 Pricing Schedule B

B.3 ALLOWABLE COSTS

B.4 NON-ALLOWABLE COSTS

SECTION C – OPERATION AND MANAGEMENT SERVICES DESCRIPTIONS/SPECIFICATIONS/

WORK STATEMENT

C.1 BACKGROUND

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES, PROCEDURES AND

LAWS

C.3 GENERAL DUTIES AND OBLIGATIONS

C.4 SPECIFIC DUTIES AND OBLIGATIONS

C.4.1 Training C.4.2 Staffing C.4.3 Food Service C.4.4 Laundry, Necessities, and Barber Shop C.4.5 Transportation C.4.6 Telecommunications C.4.7 Information Technology Services C.4.8 Education (not applicable to ISF) C.4.9 Health Services C.4.10 Recreation C.4.11 Legal C.4.12 Visitation C.4.13 Commissary C.4.14 Pest Control C.4.15 Maintenance, Remodeling, Damages, and Condemnation C.4.16 Risk Management C.4.17 Utilities C.4.18 Chaplaincy and Volunteer Services C.4.19 Interpreter Services C.4.20 Grievance Procedures C.4.21 Programmatic Activities C.4.22 Security C.4.23 Disciplinary Procedures C.4.24 Good Time C.4.25 Self-Monitoring C.4.26 Drug Testing

C.4.27 ITP

C.4.28 Mail C.4.29 Community Work Projects and Public Service Programs C.4.30 Facility Generated Income C.4.31 Self-Harm Prevention C.4.32 Intake

C.5 ACCESS TO PREMISES/EMPLOYEE IDENTIFICATION CARDS

C.6 USE OF FORCE

C.7 DEPARTMENT FURNISHED ITEMS

C.8 ACA ACCREDITATION

C.9 PRISON RAPE ELIMINATION ACT (PREA)

C.10 DEPARTMENT DESIGNATED STAFF

C.11 DEPARTMENT RECORDS

SECTION D – REHABILITATION TREATMENT SERVICES DESCRIPTION/SPECIFICATIONS/ WORK

STATEMENT

D.1 BACKGROUND

D.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES, PROCEDURES, AND

LAWS

D.3 SAFPF/IPTC/SAFPF SPECIAL NEEDS

D.3.1 General Duties and Obligations D.3.2 Specific Duties and Obligations D.3.3 Therapeutic Community Model D.3.4 Treatment Frequency Guidelines D.3.5 Continuum of Care

D.4 DWI RECOVERY PROGRAM

D.4.1 General Duties and Obligations D.4.2 Specific Duties and Obligations D.4.3 Treatment Frequency Guidelines D.4.4 Continuum of Care

D.5 ISF SUTP

D.5.1 General Duties and Obligations D.5.2 Specific Duties and Obligations D.5.3 Treatment Frequency Guidelines

D.6 ISF CIP

D.7 ASSESSMENT (NOT APPLICABLE TO ISF CIP)

D.8 RECOVERY ORIENTED SUPPORT GROUPS (NOT APPLICABLE TO ISF CIP)

D.9 INTAKE

D.10 INMATE MONITORING

D.11 HIV/AIDS

D.12 TRAINING

D.13 STAFFING

D.14 CASELOAD RATIOS

D.15 DSHS REGISTRATION AND STAFF LICENSURE

D.16 ACCESS TO PREMISES/EMPLOYEE IDENTIFICATION CARDS

D.17 RISK MANAGEMENT

D.18 DEPARTMENT DESIGNATED STAFF

D.19 DEPARTMENT RECORDS

D.20 INMATE RECORDS

D.21 RECORD KEEPING

D.22 INFORMATION TECHNOLOGY SERVICES

D.23 GRIEVANCE PROCEDURES

D.24 DISCIPLINARY PROCEDURES

D.25 SELF-MONITORING

D.26 PRISON RAPE ELIMINATION ACT (PREA)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.2 INSPECTION OF FACILITY

E.3 MONITORING CRITERIA

E.4 AUTHORITY TO AUDIT

E.5 AUDITS BY OTHER AGENCIES

E.6 FRAUD, WASTE OR ABUSE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST, TDCJ-PFCMOD

MONITOR, AND FACILITY MANAGEMENT

G.2.1 Authorized Representative G.2.2 Contract Specialist G.2.3 TDCJ-PFCMOD Monitor

G.2.4 FACILITY MANAGEMENT

G.3 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Compensation for Additional Services G.4.2 Failure to Agree on Compensation for Additional Services G.4.3 Payment Adjustment G.4.4 Late Payment G.4.5 Deductions for Non-Compliance G.4.6 Withholding of Payment G.4.7 Payment of Debt Owed to the State of Texas G.4.8 Right to Offset G.4.9 Annual Financial Disclosure Reports

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

H.1.1 Required Provisions

H.2 SUBCONTRACTORS

H.2.1 Insurance H.2.2 Historically Underutilized Business (HUB)

H.3 TRANSITION

H.4 CERTAIN PROHIBITIONS

H.5 UTILIZATION OF PRODUCTS AND MATERIALS PRODUCED IN TEXAS

H.6 CRIMINAL HISTORY INFORMATION COMPLIANCE

H.7 OTHER CONFIDENTIAL OR SENSITIVE INFORMATION

H.8 BOOKS AND RECORDS

H.9 ORGANIZATIONAL AND NAME CHANGE

H.10 FREE EXERCISE OF RELIGION

H.11 DELAY OF SERVICES

H.12 UTILIZATION OF FACILITY

H.13 FINANCIAL OPERATIONS

H.14 OTHER CONTRACTS

H.15 SECURITY

H.16 FUNDING FOR SERVICES

SECTION I – CONTRACT CLAUSES

I.1 AVAILABILITY OF FUNDS FOR NEXT FISCAL YEAR

I.2 ADVERTISING OF AWARD

I.3 DEFAULT AND TERMINATION

I.3.1 Default by the Contractor I.3.2 Further Opportunity to Cure I.3.3 Remedy of the Department

I.3.4 Termination for Unavailability of Funds I.3.5 Non-Appropriation Effect and Remedy I.3.6 Termination for Convenience I.3.7 Termination by Mutual Agreement I.3.8 Termination Procedures I.3.9 Default by the Department I.3.10 Remedy of the Contractor I.3.11 Dispute Resolution

I.4 NO WAIVER OF RIGHTS

I.5 INDEMNIFICATION OF THE DEPARTMENT

I.5.1 Acts or Omissions I.5.2 Taxes/Workers’ Compensation/Unemployment Insurance – Including Indemnity

I.6 NO WAIVER OF DEFENSES

I.7 INDEPENDENT CONTRACTOR

I.8 LAWS OF TEXAS

I.9 ASSIGNMENT

I.10 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS

I.11 APPROVAL OF CONTRACT

I.12 NON-DISCRIMINATION

I.13 CONFIDENTIALITY AND PUBLIC INFORMATION ACT AND RECORDS RETENTION

I.13.1 Confidentiality I.13.2 Public Information Act and Records Retention

I.14 CONTRACT CHANGES

I.15 OPTION TO EXTEND THE TERM OF THE CONTRACT

I.16 OPTION TO EXTEND SERVICES

I.17 SEVERABILITY

I.18 IMMIGRATION

I.19 NO LIABILITY UPON TERMINATION

I.20 LIMITATION ON AUTHORITY

I.21 INTELLECTUAL PROPERTY INDEMNIFICATION

I.22 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

REQUIRED BY TEXAS ADMINISTRATIVE CODE, TITLE 1, PART 10, CHAPTER 213

I.23 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE OWNERSHIP)

I.24 FORCE MAJEURE

I.25 NOTICES

I.26 SUBSTITUTIONS

I.27 U.S. DEPARTMENT OF HOMELAND SECURITY’S E-VERIFY SYSTEM

I.28 ANTITRUST AFFIRMATION

SECTION J – LIST OF EXHIBITS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

K.1.1 Definition K.1.2 HUB Representation

K.2 CHILD SUPPORT REPRESENTATION

K.3 FRANCHISE TAX REPRESENTATION

K.4 TYPE OF BUSINESS ORGANIZATION

K.5 PREFERENCE CLAIM

K.5.1 Source and Specification Preferences K.5.2 Tie-Bid Preferences K.5.3 Additional Preferences

K.6 REPRESENTATIONS OF OFFEROR

K.6.1 Organization and Qualification K.6.2 Authorization K.6.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.6.4 No Defaults under Agreements K.6.5 Compliance with Laws K.6.6 No Litigation K.6.7 Taxes K.6.8 Financial Statements K.6.9 No Adverse Change K.6.10 Disclosure K.6.11 No Collusion K.6.12 Ethics K.6.13 Financial Participation Prohibited Affirmation K.6.14 Contracting with Executive Head of State Agency K.6.15 Limitation on Employment of Former State Officers K.6.16 Notification K.6.17 Suspension, Debarment and Terrorism K.6.18 Prohibition of a State Agency Contracting with Companies that Boycott Israel K.6.19 Prohibition of a State Agency Contracting with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organizations K.6.20 Prohibition of a Foreign-Owned Company K.6.21 Energy Company Boycotts K.6.22 Violation of Federal Law Relating To Reconstruction Efforts as a Result of Hurricanes Rita, Katrina or Any Other Disaster after September 24, 2005 K.6.23 Critical Infrastructure Affirmation K.6.24 Deceptive Trade Practices; Unfair Business Practices K.6.25 COVID-19 Vaccine Passport Prohibition K.6.26 Firearm Entities and Trade Associations Discrimination K.6.27 Cybersecurity Awareness Training K.6.28 Human Trafficking Prohibition K.6.29 Contracting Information Responsibilities K.6.30 Disaster Recovery Plan K.6.31 Abortion Provider and Affiliate Transactions Prohibited

K.7 REPRESENTATIONS OF THE DEPARTMENT

K.7.1 Authorization K.7.2 No Violation of Agreements K.7.3 Disclosure

K.8 AUTHORIZED NEGOTIATORS

K.9 PAYEE IDENTIFICATION NUMBER

K.10 POINT OF CONTACT

K.11 CERTIFICATION

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 SITE SELECTION, COMMUNITY ACCEPTANCE, AND PUBLIC HEARING

REQUIREMENTS……

L.1.1 Site Selection L.1.2 Public Hearing Requirements and Notification Requirements

L.2 AMENDMENTS TO SOLICITATIONS

L.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF PROPOSALS

L.4 SIGNATURES ON PROPOSALS SUBMITTED

L.5 PROPOSAL ACCEPTANCE PERIOD

L.6 CONTRACT AWARD

L.7 RIGHTS OF THE DEPARTMENT

L.8 PROPOSAL PREPARATION INSTRUCTIONS

L.8.1 Volume One – Introductory Portion of Proposal L.8.2 Volume Two – Technical Portion of Proposal L.8.3 Volume Three – Business/Cost Proposal L.8.4 Volume Four – HUB Subcontracting Plan

L.9 DISCUSSION AND CORRESPONDENCE

L.10 LEGISLATIVE BUDGET BOARD (LBB) POSTINGS

L.11 PRE-PROPOSAL CONFERENCE…

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

M.2 MINIMUM QUALIFICATIONS

M.3 EVALUATION CRITERIA

M.3.1 Cost M.3.2 Operations and Treatment M.3.3 Experience M.3.4 Financial Strength M.3.5 Past Performance M.3.6 Other Areas Evaluated

696-PF-22-P024 Section A

SECTION A – CONTRACT DEFINITIONS

The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below:

ACA means the American Correctional Association.

ACA Standards means the current Standards for Adult Correctional Institutions as heretofore supplemented and as the same may be modified, amended, or supplemented in the future, published by the ACA.

Additional Services means Additional Services required to be furnished by the Contractor pursuant to changes in Department and Texas Board of Criminal Justice (TBCJ) policies from those in effect as of the date of this Contract, which changes are not required by changes in laws, government regulations, or Court Orders generally applicable to the Department, and which changes cause an increase in the cost of operating and managing the Facility.

Assessment(s) means the Addiction Severity Index (ASI) and other approved evaluation instruments to determine treatment and mental health needs.

Authorized Representative means the person designated in writing to act for and on behalf of a party of this Contract, which designation has been furnished to the other party hereto, as described in Section G.2.1.

Average Daily Salary shall be as set forth in Exhibit J.3, Compliance Standards, Attachment A, Average Daily Salary Schedule.

Biennium means any of the two (2) year periods beginning on September 1 and ending on August 31 of odd numbered years, which periods are used for budgetary purposes by the State of Texas.

Board of Pardons and Paroles (BPP) refers to a seven (7) member board and fourteen (14) commissioners with constitutional and statutory authority to approve or deny a Parole release, to determine the rules and conditions of release, to revoke a releasee’s Parole or mandatory supervision, and to make executive clemency recommendations.

Certified Criminal Justice Professional (CCJP) means a professional active in criminal justice and who also works in and around the field of substance abuse.

Certified Criminal Justice Professional-Applicant (CCJP-A) means an applicant status credential for those professionals active in criminal justice who are working toward obtaining the CCJP. A CCJP- A may be issued to an individual who has met the educational and practicum requirements for the CCJP but has not yet passed the exam and may still be working on direct service/work experience hours. A CCJP-A is issued for a period of five (5) years in which time requirements must be met and a written exam must be passed.

Certified Program Instructor means a person who has successfully completed the applicable administrator/instructor Inmate education training program approved by the Texas Department of State Health Services (DSHS).

Co-Occurring Disorders (COD) means co-occurring mental illness and substance abuse disorders.

Cognitive Behavior Program means a process whereby Inmates are taught to identify the ways they think and act that lead to problems and how to restructure their core beliefs.

Cognitive Intervention means a process whereby Inmates are taught to identify their habits of thinking that lead to problems and to restructure the core beliefs involved.

Community Supervision means the supervised release of a convicted defendant by a court with conditions imposed for a specific period during which the imposition of a sentence is suspended.

Previously known as Adult Probation.

Community Supervision and Corrections Department (CSCD) means a county agency that oversees Inmates that are placed on Community Supervision by the court.

Community Supervision Officer (CSO) means an officer that oversees Inmates that are placed on Community Supervision by the court.

Compliance Standards means Contract requirements that have specific and clearly defined recoupment strategies to ensure that the Department does not pay for Services that were not received.

Comprehensive Assessment means a battery of Assessments that address the recovery needs and re-offense risk of Driving While Intoxicated (DWI) Inmates.

Comprehensive Assessment Plan (CAP) means a plan developed by the Contractor based on the severity and characteristics of the Inmate’s needs as determined by the Comprehensive Assessment, treatment, clinical interviews, and collateral information.

Comprehensive Treatment Plan (CTP) means a plan that outlines treatment progress, interventions, reentry plans, and any documentation that refers to an Inmate’s treatment.

Continuum of Care Service Plan means the Inmate plan and procedure to be implemented for the continued recovery of such Inmate following his or her release from the program, which shall be developed by the Contractor in conjunction with the Transition Team during the transition evaluation.

Contract Specialist means the Department employee responsible for non-technical administration of this Contract, as described in Section G.2.2.

Contract Term means the duration of this Contract, as specified in Section F.1.

Contractor means _______________________________________________.

Court Orders means any orders or judgments issued by a court of competent jurisdiction and any stipulations, agreements, conditions of Community Supervision, or plans entered into in connection with litigation that are applicable to the operation, management, and maintenance of the Facility and program and relate to the custodial care of Inmates. For purposes of this Contract, this term includes such orders, judgments, stipulations, agreements, or plans applicable to the Department.

Daily Security Shift Roster(s) (Exhibit J.4) means a list prepared daily for each shift which identifies employees by name and duty Post(s) assigned.

Day(s) means calendar Day(s), unless otherwise specified.

Department means the Texas Department of Criminal Justice (TDCJ), an agency of the State of Texas.

Department Policy/Policies means all written policies, procedures, standards, guidelines, directives, and manuals of the TBCJ and the Department applicable to providing the Services specified under this Contract.

Deployment means the assignment of an employee to a duty Post.

Discharge Summary means the document developed for each Inmate within thirty (30) Days prior to their scheduled discharge that includes the following: dates of admission and discharge; needs and problems identified at the time of admission, during treatment and at discharge; Services provided;

Assessment of the Inmate’s progress towards goals; reason for discharge; and referrals and recommendations, including arrangements for recovery maintenance.

DPS means the Texas Department of Public Safety, an agency of the State of Texas.

DSHS means the Texas Department of State Health Services, an agency of the State of Texas.

Event of Default means any of the events or circumstances described in Section I.3.

Ex-Inmate means a person who has received a conviction for a misdemeanor or felony offense or an equivalent offense who is not currently incarcerated.

Facility means the ________________, located in _______________, Texas, where Services under this Contract are to be performed.

Facility Capacity means the maximum number of Inmates authorized by the Department to be housed at the Facility.

Facility Generated Income means all income generated at the Facility. Sources include, but are not limited to, commissaries and telephones.

Family Liaison Officer means the person, such as a duty warden, who assists Inmates’ immediate family members and other persons during visits with Inmates and aids those persons in resolving problems that may affect permitted visits.

Filled Date means the first (1st) Day a prospective correctional officer starts the required Pre-Service Training. For all other employees, it means the first (1st) Day on the job following the completion of all required Pre-Service Training, receipt of appropriate certification/licensure, and a satisfactory criminal background clearance or Department approval letter.

Fiscal Year (FY) means any of the one (1) year periods beginning September 1 and ending August 31, which periods are used for annual budgetary purposes by the State of Texas.

Individual Treatment Plan (ITP) means a plan devised by the Contractor for each Inmate that is based on the Intake Evaluation, screening, and Assessment and identifies the goals and objectives to be accomplished by the Inmate while in treatment.

Inmate means a person assigned by the Department to reside at the Facility and to receive Services pursuant to this Contract.

Intake Evaluation means an Assessment performed by the Contractor for each Inmate arriving at the Facility to determine the level of Services to be provided.

LCDC means a Licensed Chemical Dependency Counselor.

LCDC-I means a Licensed Chemical Dependency Counselor-Intern, a person pursuing a course of study in chemical dependency counseling and who is authorized to provide chemical dependency counseling, under supervision of an LCDC or a Qualified Professional at a Clinical Training Institution.

Material Failure means the failure of a party to fulfill one (1) or more obligations essential to achieving the purpose of this Contract.

Monthly Contractor Payment means the mathematical product of the Per Diem Rate times the number of Inmates who occupy the Facility during the billing month according to the TDCJ-PFCMOD Monthly Strength Report (Exhibit J.13) for each Day of the billing month prior to any adjustments.

Monthly Invoice means the Contractor’s invoice based on the Per Diem Rate and yielding the Monthly Contractor Payment to be made by the Department.

Monthly PCN Listing means the Monthly Position Control Number (PCN) Listing (Exhibit J.8) that corresponds to the position titles and number of positions identified on the Contractor’s approved Staffing Plan (Exhibits J.1.A and J.1.B).

Monthly Position Vacancy Report (PVR) means a report providing detailed information as to when a position becomes vacant, filled, or out on temporary leave (Exhibits J.9.A and J.9.B).

NCIC means the National Crime Information Center operated under the authority of the Federal Bureau of Investigation.

Non-Appropriation means the failure by the Legislature of the State, as part of its budgetary process, to appropriate money to be used for the Payments due hereunder.

Offeror means an individual or entity that submits an offer. The term includes anyone acting on behalf of the individual or entity that submits an offer, such as an agent, employee, and representative.

OJT means On-the-Job Training that is based on specific objectives that are job related, presented from an appropriate source, and of sufficient duration so that the objectives may be learned, acquired, applied, and retained. All staff requiring OJT shall begin the OJT requirement upon successful completion of Pre-Service Training and only after receipt of a clear criminal background investigation.

Operation and Management Services means furnishing by the Contractor of consulting, operation, management, and maintenance Services and all personnel and materials necessary to provide for the operation, management, and maintenance of the Facility and for the care, custody, and treatment of Inmates in compliance with the terms and conditions contained in the Contract.

Parole means the discretionary and conditional release of an eligible Inmate sentenced to the Texas Department of Criminal Justice-Correctional Institutions Division (TDCJ-CID) so that the Inmate may serve the remainder of the Inmate’s sentence under the supervision of the Texas Department of Criminal Justice-Parole Division (TDCJ-PD).

Payment(s) means the amount(s) agreed to be paid by the Department to the Contractor for Services under this Contract.

PCN means the Position Control Number.

PD means the Department’s Personnel Directives.

Per Diem Rate means the rate paid per Day for each Inmate, as set forth in Section B.2.

Position Vacancy means a position in which there is no qualified, trained incumbent. Positions requiring certification, licensure, or registration are considered vacant if the person in that position does not possess the appropriate certification, licensure, or registration. A position becomes vacant when the incumbent is removed from the payroll, either temporarily or permanently, regardless of leave status, with the exception of Family Medical Leave (FML), Administrative Leave, Military Leave, or Workers’ Compensation. A vacant position occurs when an employee resigns, has been terminated, is reassigned to another position and/or facility, or is off the payroll after exhausting all accrued leave, with the exception of FML, Administrative Leave, Military Leave, or Workers’ Compensation. Similarly, positions are considered vacant if the individual in that position does not meet and maintain the criteria for employment as outlined in the Contract and in PD-17 (Drug-Free Workplace), PD-26 (Nepotism), PD-27 (Employment Status Pending Resolution of Criminal Charges or Protective Orders), PD-73 (Selection Criteria for Correctional Officer Applicants), and PD-75 (Applicants with Pending Criminal Charges or Prior Criminal Convictions). A Position Vacancy does not occur when an employee is temporarily out or absent due to vacation, sick leave, or other temporary leave condition. Such other temporary leave conditions shall include employee participation in management and professional conferences or In-Service Training, so long as such other temporary leave does not exceed a period greater than two (2) weeks in duration.

Post means a position on the Staffing Plan (Exhibit J.1.A) for which the Department has either published a written post order or approved a unit specific post order.

PREA means the Prison Rape Elimination Act of 2003.

Program Budget means the budget that reflects all resources necessary to perform contracted activities.

Program Capacity means the maximum number of Inmates authorized by the Department to be placed in the program.

Qualified Credentialed Counselor (QCC) means an LCDC or professional, as defined in the DSHS licensure rules.

Qualified Professional means a person who is an LCDC, LCDC-I, CCJP, CCJP-A, Licensed Master Social Worker (LMSW), Licensed Professional Counselor (LPC), licensed physician, or Licensed Psychological Associate (LPA).

Quarter(ly) means the time period that relates to the Department’s FY, with Quarters beginning September 1st, December 1st, March 1st, and June 1st, unless specifically noted otherwise.

Recovery Oriented Support Groups means the special groups of people who meet together to give and receive emotional and practical support and to exchange information related to recovery from substance abuse or addiction. The Department-recognized organizations include, but are not limited to, Winner’s Circle, Secular Organizations for Sobriety (SOS), 12-Step groups, and faith-based groups.

Inmate participation and attendance will be strongly encouraged but is not mandatory.

Rehabilitation Treatment Services means the delivery by the Contractor of chemical dependency treatment programs in compliance with the terms and conditions of this Contract.

Relapse Prevention Plan means a written plan that is usually completed by the Inmate prior to his/her discharge. A Relapse Prevention Plan will contain the Inmate’s personal relapse warning signs, triggers, and high-risk situations, with identified interventions to prevent his/her relapse, and shall be developed within forty-five (45) Days prior to the completion of the reentry Stage of the program.

Relapse Track means a four (4) to six (6) month program designed for substance abuse Inmates who have failed to abstain from alcohol and drug use.

Relief Factor means a multiplier that will ensure that sufficient staff is employed to ensure all duty Posts are manned per the Staffing Plan (Exhibit J.1.A).

Security Staff means those employees, who have received the appropriate security training, who are directly responsible for the security of the Facility.

Service Commencement Date means the date on which the Contractor shall begin providing Services at the Facility pursuant to this Contract. For the purpose of this Contract, that date is September 1, 2023.

Service(s) means delivery by the Contractor of requirements in compliance with the terms and conditions of this Contract.

Special Needs Inmate(s) means the Inmate(s) who require additional treatment Services, oversight, and monitoring as a result of being physically or mentally impaired, including those who have received a co-occurring diagnosis.

Stage(s) means the concrete program stages distinguished by the attainment of specific goals with the therapeutic approach.

State-Owned Equipment means all machinery, equipment, furniture, and other items of tangible property that are purchased with Facility Generated Income or by the Department as approved and inventoried by Texas Department of Criminal Justice-Private Facility Contract Monitoring/Oversight Division (TDCJ-PFCMOD), including all items purchased or replaced.

TBCJ means the Texas Board of Criminal Justice.

TCIC means the Texas Crime Information Center operated under the authority of the DPS.

TDCJ means the Texas Department of Criminal Justice, an agency of the State of Texas.

TDCJ-CID means the Texas Department of Criminal Justice-Correctional Institutions Division, a division of the TDCJ.

TDCJ-CJAD means the Texas Department of Criminal Justice-Community Justice Assistance Division, a division of the TDCJ.

TDCJ-PD means the Texas Department of Criminal Justice-Parole Division, a division of the TDCJ.

TDCJ-PFCMOD means the Texas Department of Criminal Justice-Private Facility Contract Monitoring/Oversight Division, a division of the TDCJ.

TDCJ-PFCMOD Monitor means the Department employee responsible for the technical details within the scope of this Contract, as set forth in Section G.2.3.

TDCJ-PFCMOD Monthly Strength Report (Exhibit J.13) means the official numerical count of Inmates present at the Facility at the end of each Day (11:59 p.m.), which, for purposes of this Contract, shall be conclusive as to the number of Inmates present at the Facility for the Day just ended.

TDCJ-RPD means the Texas Department of Criminal Justice-Rehabilitation Programs Division, a division of the TDCJ.

Temporary Assignment means a non-permanent change due to a duty location other than the Facility.

Transition Team means an Inmate and the Treatment Team, including the Facility Transitional Coordinator, acting together with either the CSO or the Parole Officer as applicable, with respect to any particular Inmate.

Transitional Coordinator means a person designated by the Contractor to act together with the CSO or Parole Officer on Treatment Teams and to organize and coordinate Inmate release and placement.

Transitional Treatment Center (TTC) means the facility which provides residential Services to Inmates on Community Supervision, Parole, or mandatory supervision pursuant to the Texas Code of Criminal Procedure, Section 42A.303, Substance Abuse Felony Program, and Texas Government Code, Section

493.009 and Chapter 508.

Treatment Team means a team that primarily consists of the Inmate, Qualified Professional(s), Intern(s), Department staff, and the Inmate’s significant other, as well as other persons with a vested interest in the Inmate’s recovery.

Upper-Level Management (ULM) means all persons employed by the Contractor who hold the equivalent positions of Warden, Assistant Warden, and Major for the administration of the Operation and Management Services provided under this Contract, and those top two (2) individuals who are responsible for the administration of the Rehabilitation Treatment Services provided under this Contract.

Working Day(s) means Monday through Friday, unless a nationally recognized holiday.

WSD means the Windham School District.

696-PF-22-P024 Section B

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired

A. The Department requires a Contractor to provide all necessary personnel, equipment, materials, supplies, and Services (except as furnished by the Department as specifically identified within the Contract) and otherwise do all things necessary for, or incidental to, the location, operation, and management of a multi-use Facility with associated programs for the housing, training, education, and rehabilitation of incarcerated Inmates, Parole-released Inmates, and Community Supervision Inmates as sentenced by the appropriate governing authority.

B. Operation and Management Services include the operation, management, and maintenance of the multi-use Facility and the care and custody of all Inmates. The Description/Specifications/Work Statement for Operation and Management Services is located in Section C.

C. The Department anticipates utilizing one or more Rehabilitation Treatment Services; however, if programmatic needs or backlogs dictate, the Department may utilize the beds for non-treatment purposes. While treatment is being provided, the Department reserves the right to determine the number of beds needed in each treatment program and will coordinate with the Contractor for any changes to Program Capacity. The Description/Specifications/Work Statement for Rehabilitation Treatment Services is located in Section D. Rehabilitation Treatment Services include various treatment options, which may include, but are not limited to, the following:

1. Substance Abuse Felony Punishment Facility (SAFPF)/In-Prison Therapeutic Community

(IPTC) and SAFPF Special Needs Treatment Programs;

2. Driving While Intoxicated (DWI) Recovery Program;

3. Intermediate Sanction Facility (ISF) Substance Use Treatment Program (SUTP); and

4. Intermediate Sanction Facility (ISF) Cognitive Intervention Program (CIP).

The Contract Term will consist of a two (2) year Base Period, subject to appropriations, with three

(3) one (1) year Option Periods to extend Services for a potential Contract Term of five (5) years.

B.1.2 Pricing Instructions

A. The Department anticipates award of a firm, fixed-price Contract for these Services.

B. Sections B.2.1 and B.2.2, Pricing Schedules, shall be completed and shall incorporate the Per

Diem Rates established in the Budget Justification Forms (Exhibit J.1.A for Operation and Management Services and Exhibit J.1.B for Rehabilitation Treatment Services). The Budget Justification Forms shall be provided in Microsoft® Excel format, upon request from the Contract Specialist.

C. In its pricing proposal, the Offeror shall include all costs (such as direct, indirect, profit, etc.)

of providing the Services required in Sections C and D. The Offeror shall present a detailed budget and budget narrative for the Operation and Management Services and for the Rehabilitation Treatment Services.

B.2 PRICING SCHEDULE

B.2.1 Pricing Schedule A

Offeror Name:

Facility (Name, Address, City, State, Zip Code):

BASE PERIOD, YEAR ONE (09/01/23 – 08/31/24)

Description Number of Beds Per Diem Rate

Operation and Management Services 2,236 $_______ /Day

Rehabilitation Treatment Services Substance Abuse Felony Punishment Facility Special Needs 672 $ /Day Driving While Intoxicated Recovery Program 500 $ /Day Intermediate Sanction Facility Substance Use Treatment Program 952 $ /Day Intermediate Sanction Facility Cognitive Intervention Program 112 $ /Day

BASE PERIOD, YEAR TWO (09/01/24 – 08/31/25)

Rehabilitation Treatment Services Substance Abuse Felony Punishment Facility Special Needs 672 $ /Day Driving While Intoxicated Recovery Program 500 $ /Day

OPTION PERIOD ONE (09/01/25 – 08/31/26)

Rehabilitation Treatment Services Substance Abuse Felony Punishment Facility Special Needs 672 $ /Day Driving While Intoxicated Recovery Program 500 $ /Day

OPTION PERIOD TWO (09/01/26 – 08/31/27)

Rehabilitation Treatment Services Substance Abuse Felony Punishment Facility Special Needs 672 $ /Day Driving While Intoxicated Recovery Program 500 $ /Day

OPTION PERIOD THREE (09/01/27 – 08/31/28)

Operation and Management Services 2,236 $ /Day

Rehabilitation Treatment Services Substance Abuse Felony Punishment Facility Special Needs 672 $ /Day Driving While Intoxicated Recovery Program 500 $ /Day

B.2.2 Pricing Schedule B

Offeror Name:

Facility (Name, Address, City, State, Zip Code):

BASE PERIOD, YEAR ONE (09/01/23 – 08/31/24)

Operation and Management Services 1,632 $ /Day Operation and Management Services 1,633-1,901 $ /Day Operation and Management Services 1,902-2,236 $ /Day

Rehabilitation Treatment Services Substance Abuse Felony Punishment Facility Special Needs 672 $ /Day Driving While Intoxicated Recovery Program 500 $ /Day

BASE PERIOD, YEAR TWO (09/01/24 – 08/31/25)

Operation and Management Services 1,632 $ /Day Operation and Management Services 1,633-1,901 $ /Day Operation and Management Services 1,902-2,236 $ /Day

Rehabilitation Treatment Services Substance Abuse Felony Punishment Facility Special Needs 672 $ /Day Driving While Intoxicated Recovery Program 500 $ /Day

OPTION PERIOD ONE (09/01/25 – 08/31/26)

Operation and Management Services 1,633-1,901 $ /Day Operation and Management Services 1,902-2,236 $ /Day

Rehabilitation Treatment Services Substance Abuse Felony Punishment Facility Special Needs 672 $ /Day Driving While Intoxicated Recovery Program 500 $ /Day

OPTION PERIOD TWO (09/01/26 – 08/31/27)

Description Number of Beds Per Diem Rate

Operation and Management Services 1,632 $ /Day Operation and Management Services 1,633-1,901 $ /Day Operation and Management Services 1,902-2,236 $ /Day

Rehabilitation Treatment Services Substance Abuse Felony Punishment Facility Special Needs 672 $ /Day Driving While Intoxicated Recovery Program 500 $ /Day

OPTION PERIOD THREE (09/01/27 – 08/31/28)

Operation and Management Services 1,633-1,901 $ /Day Operation and Management Services 1,902-2,236 $ /Day

Rehabilitation Treatment Services Substance Abuse Felony Punishment Facility Special Needs 672 $ /Day Driving While Intoxicated Recovery Program 500 $ /Day

B.3 ALLOWABLE COSTS

The proposed budget shall include only costs that are reasonable, necessary, and allowable under state statutes, Department Policy, and federal cost standards. The Department shall make the final decision on the allowance or acceptability of a cost.

B.4 NON-ALLOWABLE COSTS

The proposed budget shall not include costs that are not allowed by the State or any authorized agency, statute, policy, or procedure. Types of non-allowable costs may include, but are not limited to, alcoholic beverages, bad debts, fundraising, political lobbying, and tobacco products.

696-PF-22-P024 Section C

SECTION C – OPERATION AND MANAGEMENT SERVICES DESCRIPTIONS/SPECIFICATIONS/

WORK STATEMENT

C.1 BACKGROUND

The Department is authorized under Texas Government Code, Section 495.001, to operate and manage secure correctional centers, as well as contract with private vendors for the operation and management of these facilities. The Department intends to utilize this Facility for Rehabilitation Treatment Services; however, if programmatic needs dictate, the Department may utilize this Facility as a non-treatment Facility. If housing both Community Supervision and Parole Inmates, the populations shall have separate housing areas.

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES, PROCEDURES

AND LAWS

A. The Contractor shall provide Services to the Department that are in compliance with all applicable local, state, and federal laws, including all constitutional, legal, and court-ordered requirements, whether now in effect or hereafter effected or implemented; any and all relevant federal and state financial cost principles and audit requirements; and any and all rules, policies, and procedures established by the Department and the Texas Board of Criminal Justice (TBCJ).

B. The Contractor shall not deviate from applicable Department Policies and procedures in the provision of Services without the prior written approval of the Texas Department of Criminal Justice-Private Facility Contract Monitoring/Oversight Division (TDCJ-PFCMOD) Director.

C. The Department shall notify the Contractor of all changes in, or additions to, such policies and procedures, after which time the Contractor shall comply with the policies and procedures contained therein, unless the TDCJ-PFCMOD Director approves, in writing, a deviation from such policies and procedures.

D. The Contractor’s written request for deviations from said policies shall originate from the Authorized Representative of the Contractor or designee and shall be forwarded to the TDCJ-PFCMOD Director. The Contractor’s written requests for deviation shall specify the deviation with justification and reference the policy number/procedure, section, paragraph, etc. Unless a deviation from the Contractor is specifically requested and approved, in writing, by the TDCJ-PFCMOD Director, the Contractor shall comply with Department Policies. A Contract award shall not imply approval of a policy/procedure deviation. Any deviations previously granted by the Department under a separate or previous contract do not apply to this Contract.

E. When differences between applicable standards exist, the higher standard, as defined by the Department, will prevail. The specified requirements and standards will serve as the benchmark for monitoring program operations and management.

C.3 GENERAL DUTIES AND OBLIGATIONS

A. The Contractor shall be capable of providing stand-alone Services, with minimal support required from the Department, to the specific Inmate population that shall, at a minimum, comply with Federal Constitutional Standards, State Standards, Department Policies, and American Correctional Association (ACA) Standards.

1. When differences exist between Federal Constitutional Standards, State Standards, Department Policies, and ACA Standards, the higher standard, as defined by the Department, will prevail.

2. The specified requirements and standards will serve as the benchmark for monitoring the Contractor’s Facility operation and management.

3. The Contractor shall comply with applicable Department Policies in its operation of the Facility. Unless otherwise specified, Contract language shall take precedence over Department Policies.

B. The Contractor shall operate at a cost that provides a savings of not less than ten percent

(10%) of the cost of providing similar programs to and housing those types of Inmates in Department-operated facilities.

C.4 SPECIFIC DUTIES AND OBLIGATIONS

C.4.1 Training

A. The Contractor shall provide, at its own expense, training for all employees that, at a minimum, meets the training as outlined in the Department training curriculums and requirements. All Pre-Service and In-Service training instructors shall meet the Department requirements.

B. At a minimum, all Security Staff must complete a two hundred forty (240) hour Pre-Service Training and one hundred forty-four (144) hours of On-the-Job-Training (OJT). Additionally, Security Staff are required to complete forty (40) consecutive hours of In-Service Training annually.

C. Those Security Staff and non-uniformed staff currently employed at a privately-operated secure Department correctional center, Department-operated unit, or who have been separated from employment from such a unit for less than three (3) years, and who otherwise were in compliance with the Department training requirements for a similar facility at the time they departed employment are not required to complete Pre-Service Training again under the above-stated training requirements so long as they are in compliance with their annual training requirements, as evidenced by the appropriate documentation.

D. All non-uniformed staff in positions requiring annual In-Service Training in accordance with Department Policies, and who are responsible for the supervision of Inmates, shall be required to complete the same two hundred forty (240) hour Pre-Service Training that Security Staff attend. Such non-uniformed staff shall be required to complete the same forty

(40) hours of annual In-Service Training as the Security Staff.

E. All clerical and support staff, including, but not limited to, assistants, clerks, computer personnel, human resources staff, and bookkeepers shall be required to complete thirty-two

(32) hours Pre-Service Training that includes the Correctional Awareness Training (CAT) prior to employment. In-Service Training shall consist of the sixteen (16) hours of Staff Survivor Training to be completed annually thereafter.

F. All professional educational staff shall complete a forty (40) hour Pre-Service Training that includes sixteen (16) hours of topics from the Department’s Staff Survivor Training.

Additionally, professional education staff shall complete twenty-four (24) hours of annual training dedicated to the improvement of educational services.

G. Supplementing the training identified above, the Contractor shall provide additional specialized training to ensure compliance with this Contract and Department Policies.

H. Staff identified as instructors for munitions and defensive tactics, to include specialized tactics, must receive initial certification and annual recertification through the Department’s Training and Leader Development Division. The fees for this training will be the responsibility of the Contractor and will be processed in accordance with the format and frequency determined by the TDCJ-PFCMOD.

I. The Contractor shall provide Cybersecurity Awareness Training to all new security officers within thirty (30) Days of their Filled Date. All other new employees shall be provided Cybersecurity Awareness Training within thirty (30) Days of hire. The training video will be provided by the Department, and the Contractor shall maintain documentation in each employee's personnel file. This training will be required annually.

C.4.2 Staffing

A. The Contractor shall, at all times, provide sufficient staff to maintain the security, control, custody, and supervision of Inmates at the Facility in compliance with this Contract.

B. The Contractor’s positions shall, at all times, be staffed with qualified, trained employees in accordance with the format in Exhibit J.1.A, Staffing Plan and Budget Justification Forms.

C. The Contractor shall provide job descriptions for specific staff positions identified on the Staffing Plan (Exhibit J.1.A) inclusive of minimum education requirements (the absolute minimum for the Department’s education qualification is a high school diploma or General Education Diploma (GED), either of which shall be from an accredited high school or equivalent that is acceptable to the Department), minimum experience requirements, job duties, and full-time or part-time designation. Job descriptions must include the same minimum qualifications as the TDCJ position equivalency, as described in Exhibit J.7, TDCJ Job Description Minimum Qualifications.

D. The Contractor shall provide an Equal Employment Opportunity (EEO) Plan to all employees.

E. A pre-employment criminal background check shall be completed by the Department for each applicant (including consultants, independent contractors and their employees, agents, and volunteer workers) within thirty (30) Days prior to being assigned by the Contractor to the Facility. Employees, to include those in OJT, shall not be assigned to any Department contracts or have contact with Inmates until a current criminal background check that meets Personnel Directive (PD) PD-75 (Applicants with Pending Criminal Charges or Prior Criminal Convictions) is received by the Department.

1. The results of the criminal background checks must be acceptable to the Department and shall be maintained on file at the Facility. Applicants with a misdemeanor or felony conviction that meet the eligibility requirements of PD-75 (Applicants with Pending Criminal Charges or Prior Criminal Convictions) must obtain the TDCJ-PFCMOD’s written approval for employment prior to having contact with Department Inmates.

2. The Contractor shall be responsible for any fees charged by the Texas Department of

Public Safety (DPS) to the Department for these criminal background checks, as well as any additional charges by the DPS for any resubmission requests due to unreadable fingerprints. These fees shall be processed in accordance with the format and frequency as determined by the TDCJ-PFCMOD.

F. The Contractor shall implement an employee random drug testing program that meets the minimum requirements of PD-17 (Drug-Free Workplace) and is acceptable to the Department.

G. The Contractor shall maintain, in each personnel file, all relevant documentation, to include, but not be limited to, background investigation reports, a copy of the Department’s Texas Crime Information Center (TCIC)/National Crime Information Center (NCIC) Pre- Employment Inquiry Results Letter, the Criminal History Record reflecting the fingerprint analysis, signed job description, Upper-Level Management (ULM) approval (as applicable), and the results of the pre-employment drug test.

H. The Contractor shall have prior written approval from the TDCJ-PFCMOD for ULM personnel, as identified on the Staffing Plan (Exhibit J.1.A). Additionally, the Contractor shall have prior written approval from the TDCJ-PFCMOD for all ULM absences in excess of seventy-two (72) hours, to include the designee in charge for the duration of the absence.

I. The Contractor shall comply with PD-26 (Nepotism) regarding the employment of relatives.

J. The Contractor is responsible for the conduct and behavior of all persons employed or assigned to perform Contract duties (including consultants, contractors and their employees, agents, and volunteer workers) and shall ensure the Department Policies regarding management and treatment of Inmates, including PD-29 (Sexual Misconduct with Inmates), are followed. Should a violation occur, the Contractor shall take immediate corrective action acceptable to the Department.

1. The Contractor shall immediately notify the TDCJ-PFCMOD Director, in writing, of employees who resign while under investigation for inappropriate conduct related to Inmate management and for violations of policies.

2. The Contractor shall immediately notify the TDCJ-PFCMOD Director, in writing, of any employee who has been convicted, arrested, indicted, or charged with a criminal offense.

Such employee shall not be permitted to return to duty until authorized, in writing, by the TDCJ-PFCMOD Director. A copy of such written authorization shall be maintained in the employee’s personnel file.

3.