ESBD_File_351532_696-ID-24-P021 Final with Exhibits.pdf

The Texas Department of Criminal Justice Request for Proposal

RFP # 696-ID-24-P021

Full Body Security Millimeter Wave Scanner

Schedule of Events Solicitation Posted Date: 02/21/2024

Pre-Proposal Conference: 02/28/2024 10:00 A.M.

Respondent Questions Due: 03/01/2024 12:00 P.M.

Answers Posted to ESBD: 03/06/2024 12:00 P.M.

Proposal Due Date: 03/13/2024 3:00 P.M.

Contracts and Procurement - Contract Administration Two Financial Plaza, Suite 703

Huntsville, Texas 77340

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to the solicitation prior to submitting a proposal. The Respondent’s failure to periodically check the ESBD will in no way release the selected vendor from addenda or additional information resulting in additional costs to meet the requirements of the solicitation.

Our mission is to provide public safety, promote positive change in offender behavior, reintegrate offenders into society, and assist victims of crime.

P.O. Box 99

Huntsville, Texas 77342-0099

(936) 437-3885 www.tdcj.texas.gov

T e xa s D e p a r t m e n t o f C r im i n a l J u s t i c e

Bryan Collier

Executive Director

Date: February 21, 2024 To: All Prospective Respondents From: Kristie Robertson

RE: Solicitation # 696-ID-24-P021

Good morning, Thank you for taking the time to review our Full Body Security Millimeter Wave Scanner Solicitation. We appreciate your interest and look forward to answering any questions. Please take note of the important dates we listed on the previous page, specifically the Pre-Proposal Conference on Wednesday, February 28, 2024 at 1:00 P.M.

I also want to draw your attention to the following three pages. We have created a Checklist for you to follow when completing your proposal. Please make sure you have addressed each item listed as missing information or incomplete documentation could cause your proposal to be disqualified.

Again, thank you for your interest.

Kindest regards, Kristie Robertson

Kristie Robertson, CTCD, CTCM

696-ID-24-P021

ATTORNEY CLIENT PRIVILEGE Page 1 of 3 CONFIDENTIAL

Proposal Checklist The following is a list of everything that must be completed or included in your proposal.

Reference PROPOSAL FORMATTING and SUBMISSION Present

L.7.J Printed on Standard Paper (8 ½” X 11”)

L.7.J Pages Numbered

L.7.G Name of Respondent listed on each page of Proposal

L.7.J Table of Contents

L.7.J Sections Clearly Labeled

L.7.1 One Unbound Original Copy of entire Proposal

L.7.1 One USB Flash Drive with Digital Copy

L.7.2.2.D Exceptions to Section C are Present and Clearly Identified.

PROPOSAL CONTENTS

L.7.1 Volume One – Technical Proposal

Volume One, Section 1 – Contract Forms

L.7.2.A Cover Page: Solicitation, Offer and Award Form – Complete the Below Sections.

Block 8 (or Signed and Submitted Amendments)

Block 9

Block 10

Block 11

Block 12

Block 13

L.7.B G.4.C Download, Complete, and Submit Form: https://www.tdcj.texas.gov/documents/bfd/TDCJ_Substitute_W- 9_Form.pdf

If Direct Deposit is declined, Complete G.4.D

L.7.2.D Section K, Representations, Certifications and Other Statements of Respondents.

K.1.2

K.3

K.6

K.7

K.8 Exhibit J.1 Exhibit J.1, TDCJ Required Contract Clauses – Complete the Below Sections.

Section I

Section DD

Section EE

Section GG

Section LL

ATTORNEY CLIENT PRIVILEGE Page 2 of 3 CONFIDENTIAL

End of Page 7 – Complete and sign

Volume One, Section 2 – Qualifications, Experience, and Past Performances

L.7.2.1.A Introduction: clear description of the Respondent submitting the proposal.

L.7.2.1.B Business form of Respondent (corporation, partnership, etc.) if applicable.

L.7.2.1.B.1 If a Corporation, include the date and state of incorporation.

L.7.2.1.B.2 Names and addresses of principal officers, directors, or partners.

L.7.2.1.C Name, address, email, and telephone number of the Respondent and all Co- Respondents.

L.7.2.1.D Name, address, email, title, and telephone number of the contact person for all inquiries.

L.7.2.1.D Certificate of Insurance - Name and address of the Respondents insurance carrier(s), statement of liability from the carrier(s) issuing the policies.

L.7.2.1.E

Description of all similar services or projects provided to the Department, other Institutions, or Governmental Agencies within the last two years, to include company name, point of contact, name and title, telephone number, email, contract numbers, and dates of performance.

L.7.2.1.F

List of any Contracts that have been cancelled or terminated, along with an explanation of the cancellation or termination, and the name, email, and telephone number of a contact person from the institution or agency that cancelled or terminated the Contract.

L.7.2.1.G List of all legal actions pending against your organization and the outcomes of any final judgements.

L.7.2.1.H

Documentation from the appropriate state entity which indicates the Respondent is properly certified to conduct business in the State of Texas and not in debt or owing to the State of Texas (e.g., Certificate of Status from the Texas Secretary of State and the Franchise Tax Account Status from the Texas Comptroller of Public Account).

Volume One, Section 3 – Solicitation Compliance and Exceptions

L.7.2.2.B If Respondent doesn’t agree to a requirement, the Respondent shall propose an alternative and describe their reasoning.

L.7.2.2.C Proposals must demonstrate that the services conform to applicable state and federal standards and Department Policies.

L.7.2.2.E Respondent shall provide a brief biography and complete resume of the person or persons who will administer any resulting Contract.

L.7.3 Volume Two – Cost Offer

L.7.3.D Section B.2 – Pricing Schedule

L.7.3.B.1 Indirect Costs

L.7.3.B.2 Insurance Costs L.7.3.B.3 Other Operating Costs

ATTORNEY CLIENT PRIVILEGE Page 3 of 3 CONFIDENTIAL

L.7.3.C Respondent shall disclose its profit margin in providing the services requested by the department in this proposal.

L.7.3.E Financial Statements

K.4.8.A.1 Balance Sheet

K.4.8.A.2 Statement of Income

K.4.8.A.3 Any changes in financial position of the company in each of the last two audited Fiscal Years.

L.7.4 Volume Three – HUB Subcontracting Plan

Respondents are required to submit a HUB Subcontracting Plan (HSP), in accordance with Section H.2.2 and Exhibit J.3. – Complete the Below Sections.

Pages 1 through 8

NOTE: Failure to submit a HUB Subcontracting Plan or with the required forms and/or failure to acknowledge amendments will remove the proposal from further consideration.

SOLICITATION, PROPOSAL AND AWARD

1. CONTRACT NO.

2. SOLICITATION NO.

3. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFO)

NEGOTIATED (RFP)

4. DATE ISSUED

SOLICITATION

5. The deadline to submit proposals is: 3:00 P.M. Central Standard Time (CST) March 13, 2024, and submitted to:

TDCJ Contracts and Procurement Department Contract Administration Branch Two Financial Plaza, Suite 703 Huntsville, Texas 77340 Attention: 696-ID-24-P021 – Kristie Lee Robertson

6. FOR INFORMATION CONTACT:

Contract Specialists:

Kristie Lee Robertson, CTCD, CTCM Andrew W. Boyd, CTCD, CTCM

PHONE: (936) 437-3805 or (936) 437-3824 EMAIL: kristie.robertson@tdcj.texas.gov

Proposal (Must be fully completed by Respondent)

7. DISCOUNT FOR PROMPT PAYMENT:

_____% DISCOUNT IF PAID WITHIN _____ CALENDAR DAYS

8. ACKNOWLEDGMENT OF

AMENDMENTS:

The Respondent acknowledges receipt of amendments to the SOLICITATION for Respondents and related documents numbered and dated:

AMENDMENT NO. DATE AMENDMENT NO. DATE

9. LEGAL BUSINESS NAME AND ADDRESS OF RESPONDENT:

10. Name and Title Of Person Authorized To Sign Proposal (Type or Print)

11. TELEPHONE NO. (Include area code)

12. SIGNATURE

13. PROPOSAL DATE

TO BE COMPLETED AT TIME OF AWARD

Document Type: 9 Statutory Cite: Texas Government Code, Section 508.316(a)(3)

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 (Upon Signature of Both Parties – August 31, 2025) shall not exceed $___________. The parties expressly acknowledge and agree that the entire Contract has no legal effect until approval by the Texas Board of Criminal Justice has been received.

Contractor Texas Department of Criminal Justice

By: By:

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

SUMMARY OF KEY DATES FOR PROPOSAL SUBMISSION

February 21, 2024 Post to ESBD

February 28, 2024 10:00 A.M. Pre-Proposal Conference

March 1, 2024 12:00 P.M. Deadline to Submit Written Questions for Clarification to the Department

March 6, 2024 12:00 P.M. Deadline for the Department to post answers (Amendments) to submitted questions on the ESBD.

March 13, 2024 3:00 P.M. Deadline for Receipt of Proposals in Huntsville

TABLE OF CONTENTS

PAGE

SUMMARY OF KEY DATES FOR PROPOSAL SUBMISSION

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.3 ALLOWABLE COSTS

B.4 NON-ALLOWABLE COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 STATEMENT OF WORK

C.3 SCOPE OF WORK TO BE PERFORMED

C.3.1 FUNCTIONAL AND TECHNICAL SPECIFICATIONS/REQUIREMENTS

C.3.2 Contractor Requirements, Responsibilities, and Staffing C.3.3 Other Requirements C.3.4 Installation C.3.5 Testing and Acceptance C.3.6 Training C.3.7 Maintenance and Support Requirements C.3.8 Contract Performance Measures C.3.9 Contractor Communication C.3.10 Added Value

SECTION D – REPORTS AND DATA

D.1 REPORTS REQUIRED FROM CONTRACTOR

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.2 RESERVED FOR FUTURE USE

E.3 MONITORING CRITERIA

E.4 AUDITS BY OTHER AGENCIES

E.5 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, PROGRAM

SPECIALIST AND PROGRAM DIRECTOR

G.2.1 Authorized Representative G.2.2 Contract Specialist G.2.3 Program Specialist G.2.4 Program Director

G.3 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Deductions for Unacceptable Performance Standards G.4.2 Late Payment G.4.3 Withholding of Payment

G.4.5 Right to Offset

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 CRIMINAL HISTORY INFORMATION COMPLIANCE

H.4 OTHER CONFIDENTIAL OR SENSITIVE INFORMATION

H.5 BOOKS AND RECORDS

H.6 ORGANIZATIONAL AND NAME CHANGE

H.7 FREE EXERCISE OF RELIGION

H.8 DELAY OF SERVICES

H.9 SECURITY

SECTION I – CONTRACT CLAUSES

I.1 ADVERTISING OF AWARD

I.2 DEFAULT AND TERMINATION

I.2.1 Default by the Contractor I.2.2 Further Opportunity to Cure I.2.3 Remedy of the Department I.2.4 Termination for Convenience I.2.5 Termination by Mutual Agreement I.2.6 Termination Procedures I.2.7 Default by the Department I.2.8 Remedy of the Contractor

I.3 NO WAIVER OF RIGHTS

I.4 TAXES/WORKER’S COMPENSATION/UNEMPLOYMENT INSURANCE

I.5 NO WAIVER OF DEFENSES

I.6 INDEPENDENT CONTRACTOR

I.7 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS

I.8 APPROVAL OF CONTRACT

I.9 NON-DISCRIMINATION

I.10 CONFIDENTIALITY

I.11 CONTRACT CHANGES

I.12 OPTION TO EXTEND THE TERM OF THE CONTRACT

I.13 OPTION TO EXTEND SERVICES

I.14 SEVERABILITY

I.15 IMMIGRATION

I.16 NO LIABILITY UPON TERMINATION

I.17 LIMITATION ON AUTHORITY

I.18 INTELLECTUAL PROPERTY INDEMNIFICATION

I.19 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

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

I.20 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE OWNERSHIP) ... 48

I.21 FORCE MAJEURE

I.22 NOTICES

I.23 SUBSTITUTIONS

SECTION J – LIST OF EXHIBITS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

RESPONDENTS

K.1 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

K.1.1 Definition

K.1.2 HUB Representation

K.2 FRANCHISE TAX REPRESENTATION

K.3 TYPE OF BUSINESS ORGANIZATION

K.4 REPRESENTATIONS OF THE RESPONDENT

K.4.1 Organization and Qualification K.4.2 Authorization K.4.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.4.4 No Defaults under Agreements K.4.5 Compliance with Laws K.4.6 No Litigation K.4.7 Taxes K.4.8 Financial Statements K.4.10 Disclosure K.4.11 No Collusion K.4.12 Disclosure of Interested Parties K.4.13 Notification K.4.14 Deceptive Trade Practices; Unfair Business Practices K.4.9 No Adverse Change

K.5 REPRESENTATIONS OF THE DEPARTMENT

K.5.1 Authorization K.5.2 No Violation of Agreements K.5.3 Disclosure

K.6 AUTHORIZED NEGOTIATORS

K.7 PAYEE IDENTIFICATION NUMBER

K.8 POINT OF CONTACT

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO RESPONDENTS

L.1 AMENDMENTS TO SOLICITATIONS

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF PROPOSALS

L.3 SIGNATURES ON PROPOSALS SUBMITTED

L.4 PROPOSAL ACCEPTANCE PERIOD

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 PROPOSAL PREPARATION INSTRUCTIONS

L.7.3 Volume Two – Cost Proposal L.7.4 Volume Three – HUB Subcontracting Plan

L.8 DISCUSSION AND CORRESPONDENCE

L.9 PRE-PROPOSAL CONFERENCE

L.10 LEGISLATIVE BUDGET BOARD (LBB) POSTINGS

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 Full Body Security Millimeter Wave Scanner & Equipment Requirements M.3.3 Added Value M.3.5 Experience

Section A 696-ID-24-P021

SECTION A – CONTRACT DEFINITIONS

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

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

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

Contract - Documents that form the Contract, which represents the entire and integrated agreement between the Department and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a written modification. The Contract Documents shall not be construed to create a Contractual relationship of any kind between the Department and a Subcontractor or between any persons or entities other than the Department and Contractor.

Contractor – The individual, corporation, company, partnership, firm, or other organization that has Contracted to perform the Work under this Contract.

Contract Specialist - Department employee responsible for general administration of the Contract, negotiation of any changes and issuance of written changes/modifications to the Contract, as described in Section G.2.2.

Contract Term - Duration of the Contract as specified in Section F.1.

Criminal Justice Information Services (CJIS) - Compliance standard for law enforcement at the local, state, and federal levels, and is designed to ensure data security in law enforcement.

Day(s) - Calendar Days, unless otherwise specified.

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

Department Policy/Policies - All written policies, procedures, standards, guidelines, directives, and manuals of the Texas Board of Criminal Justice (TBCJ) and the Department applicable to providing the Services specified under the Contract.

Designee - An individual appointed by the Warden to fulfill the duties of the Warden for the specifics detailed in the Contract.

Event of Default - Any of the events or circumstances described in Section I.2.

Fiscal Year - Any of the one-year periods beginning September 1 and ending August 31, which periods are used for annual budgetary purposes by the State of Texas.

Information Technology Division (ITD) – A division of the TDCJ.

Inmate - A person confined to an institution such as a Unit or hospital controlled or Contracted by the TDCJ.

Integrated - Single application that provides all necessary features.

Material Failure - Failure of a party to fulfill one or more obligations essential to achieving the purpose of the Contract.

696-ID-24-P021 Section A

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

Payment(s) - Amount(s) agreed to be paid by the Department to the Contractor for Goods and Services under the Contract.

Program Specialist - The Department employee responsible for the technical administration of the Contract, as described in Section G.2.3.

Redundancy - The incorporation of backup components or systems to ensure continuous operation in the event of a primary component failure.

Related Services – Installation, maintenance, warranty, repairs, training, and other incidentals.

Request for Proposal (RFP) - A written solicitation requesting the submission of proposals.

Respondent – An individual or entity that submits a response or proposal. The term includes anyone acting on behalf of the individual or entity that submits a response or proposal, such as an agent, employee, and representative.

Service Commencement Date - The date on which the Contractor shall begin providing Services at the Facility pursuant to the Contract.

Service(s) - Delivery by the Contractor of requirements in accordance with the terms and conditions of the Contract.

Statement of Work - A statement of work (SOW) is an important document that outlines the scope, timeline, and cost of a project between two parties.

Subcontractor - Person or organization who Contracts under, or for the performance of part or the entire Contract between the Department and the Contractor. The Subcontract may be directly with the Contractor or with another Subcontractor.

TBCJ - The Texas Board of Criminal Justice.

TDCJ-CID - The Texas Department of Criminal Justice - Correctional Institutions Division.

Uninterruptible Power Supply (UPS) – Continual power system that provides automated backup electric power to a load when the input power source or main power fails.

Warden – The TDCJ employee that performs advanced managerial duties of a Correction Facility. Commonly the ranking person on staff.

696-ID-24-P021 Section B

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired

The Texas Department of Criminal Justice (TDCJ) Correctional Institutions Division (CID) is seeking proposals for a Full Body Security Millimeter Wave Scanner. Proposals shall include labor and materials for installation, maintenance, and warranty of the Full Body Security Millimeter Wave Scanner.

Respondents shall complete the table found in Section B.2. The first column of the table lists required components on which Contractors must bid. In addition, blank spaces have been provided for Contractors to bid on additional or optional equipment the Contractor would like the Department to consider. If optional pricing is included, Contractors shall complete pricing schedules in Section B.2. Contractors may provide additional tables with pricing information for bundles offered.

Invoicing options shall meet requirements as identified in Section G of the Contract. The TDCJ requires Contractors to provide costs based on one-time costs, monthly billing, and annual costs. Contractors shall invoice one-time costs upon delivery of hardware components, and bill monthly for cloud storage and annually for licensing.

The Contractor shall provide all necessary personnel, equipment, materials, supplies, training, and Services (except as may be furnished by the Department as specifically identified within the Contract) in accordance with the Full Body Security Millimeter Wave Scanner Initiative for the designated facilities listed below:

Region Facility Name Location Region Facility Name Location I Ellis Huntsville III Clemens Brazoria I Estelle Huntsville III Memorial Rosharon I Ferguson Midway I Gib Lewis Woodville IV Connally Kenedy I Wainwright Lovelady IV McConnell Beeville I Wynne Huntsville IV Torres Hondo

II Beto Tennessee Colony V Allred Iowa Park II Coffield Tennessee Colony V Clements Amarillo II Michael Tennessee Colony V Smith Lamesa II Telford New Boston

VI Hughes Gatesville VI Robertson Abilene

B.1.2 Pricing Instructions

A. The Department anticipates awarding a fixed price Contract for these Services.

B. In its pricing proposal, the Contractor shall include all costs (such as direct, indirect, profit, etc.) of providing the Services required in Section C. The Contractor shall present a detailed budget and budget narrative as to how costs were derived for providing requested goods and services.

C. Prices shall be evaluated in accordance with the evaluation factors identified within Section M.

Contractors shall complete Section B.2, Pricing Schedule.

696-ID-24-P021 Section B

B.2 PRICING SCHEDULE

Hardware / Software

Component Description

Make/Model and Part Number

Required Quantities

Total Purchase Cost

Full Body Security Millimeter Wave

Scanner 20 $

Workstation and accessories as specified C.3.1.1.C

Installation and Training

Information Management System

Warranty and Support $

UPS $

Licenses (Provide a Line Item Per Level of License)

Additional Required Components

Grand Total $

** All bundled items listed above must be itemized with individual costs on each Respondent’s proposal **

696-ID-24-P021 Section B

B.3 ALLOWABLE COSTS

The proposed budget shall include only costs that are reasonable, necessary, and allowable under state statutes, Department Policies, 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-ID-24-P021 Section C

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The TDCJ is responsible for the supervision of approximately 155,000 incarcerated inmates. The Texas Department of Criminal Justice’s mission is to provide public safety, promote positive change in inmate behavior, reintegrate inmates into society, and assist victims of crime.

C.2 STATEMENT OF WORK

The TDCJ, hereafter referred to as Department, requires a Contractor to provide and support 20 Full Body Security Millimeter Wave Scanner Scanners and all necessary equipment in designated facilities operated by the Department. Qualified Contractors shall also provide a Service Agreement which includes service on equipment, labor, hardware, and software over and above the manufacturer’s warranty for the life of the

A. The Contractor shall provide line-item detail of all products, services, storage, licensing, and information on the anticipated frequency of recurring service costs to the Department.

B. The Contractor shall provide the manufacturer’s stated life expectancy for all equipment included in this Statement of Work (SOW).

C. The Contractor shall provide an Accessibility Conformance Report (ACR) for all equipment and systems associated with this SOW based on the ITI VPAT® is the leading global reporting format for assisting buyers and sellers in identifying information and communications technology (ICT) products and services with accessibility features. Version 2 of the VPAT has been expanded to include the leading ICT accessibility standards: Section 508 (U.S.), EN 301 549 (EU), and W3C/WAI WCAG. Information on this can be found here: https://www.itic.org/policy/accessibility/vpat.

D. The Contractor is responsible for following all federal and state laws, as well as Department security policies, procedures, and rules.

E. In accordance with Texas Government Code 2054.161, all data produced from or used in this project shall be available for classification as determined appropriate for data security and applicable retention requirements under Sections 441.185 and 441.187 for each classification.

F. The specified requirements and standards shall serve as the benchmark for monitoring the Contractor’s performance. It is highly recommended the Contractor elaborate on how each measure shall be successfully met to the maximum extent possible.

C.3 SCOPE OF WORK TO BE PERFORMED

The Department shall look solely to the Contractor for performance. The Contractor is responsible for all resources necessary to provide the Services included in the Contract. Services shall be provided to 20 locations. The locations are listed in Exhibit J.4, Locations. The terms, conditions and requirements of the Contract pertain to all Department locations unless otherwise stipulated. The Department reserves the right to revise site locations as necessary for the operation of the Department.

The Contractor shall deliver a solution including but not limited to, the following:

A. Full Body Security Millimeter Wave Scanner device.

B. A workstation, including all accessories required for normal systems operations, connected to the Full Body Security Millimeter Wave Scanner device for viewing, storing, and managing image recordings.

C. Installation of device and training of staff, as described in section C.3.6 of this SOW, at each designated location listed in Exhibit J.4.

D. Warranty and Support for devices, to include software updates, technical support, as-needed training, and image analysis.

C.3.1 Functional and Technical Specifications/Requirements

At a minimum, the Contractor shall provide system information on the following capabilities:

A. Detection software shall automatically process digital scan data to determine the presence of threat objects or contraband.

B. Shall outline a potential threat, highlighting the area(s) of concern being displayed on the operator’s control panel over a generic mannequin figure.

C. Shall be capable of detecting a broad range of metallic and non-metallic items to include, but not limited to, weapons, standard and homemade explosives, liquids, gels, plastics, powders, metals, ceramics, and other objects.

D. Shall be connected to an included workstation, including all accessories required for normal systems operations and a minimum of 1TB of storage, with functionality to view, store, and manage a minimum of 24 months of image recordings in compliance with agency security standards.

E. Full Body Security Millimeter Wave Scanner and included workstation shall also be connected to an additional 1TB local back up storage system or a minimum of 24 months of image recordings that complies with all agency security standards.

C.3.1.1 Functional Requirements

A. Department Requirements:

1. The Department reserves the right to approve, reject, or request substitutions of equipment/component parts. During the term of the Contract, responsibility of the maintenance, and support of the entire system shall remain with the Contractor unless otherwise agreed to in the Contract. The equipment and infrastructure comprising the Full Body Security Millimeter Wave Scanner, excluding any proprietary software systems used under license from the owner(s) of such intellectual property, shall be property of the Department.

2. All deliverables within this SOW are subject to security vulnerability scanning by the TDCJ Office of the Chief Information Security Officer (OCISO). Any vulnerabilities found must be corrected on a schedule based on the criticality of the vulnerability as determined by the OCISO.

3. The Department shall perform security penetration testing of the Full Body Security Millimeter

Wave Scanner as the Department deems necessary. Any shortcomings identified through the security penetration testing shall be resolved within 30 days of the results being submitted in writing to the Contractor.

B. Contractor Requirements:

a. The Contractor shall deliver a solution and all components necessary to provide fully functional and secure Full Body Security Millimeter Wave Scanners.

b. The Contractor shall conduct an operational test of each Full Body Security Millimeter Wave Scanner and certify, in writing, each system is ready for acceptance testing and shall perform in accordance with the requirements stated in the Contract. The Contractor shall ensure each Full Body Security Millimeter Wave Scanner operates according to specifications before turning the system over to the Department. Department personnel shall not debug modifications for the Contractor.

c. The Contractor shall ensure each Full Body Security Millimeter Wave Scanner retains all system configuration parameters selected by the Department, unless modified by, or altered with prior approval from, the Department.

C. Each Full Body Security Millimeter Wave Scanner System Requirements shall include, but are not limited to:

1. Shall use millimeter wave to produce a full optimal body image for contraband detection.

2. Shall not have a moving platform or conveyor belt. The individual scanned must remain stationary in the standing position during the inspection.

3. Shall provide mannequin display within four seconds after scan.

4. Scan time shall not exceed four seconds.

5. Shall feature recessed/tamper resistant fasteners to secure all external panels.

6. Shall feature optimal contraband detection of the full body including head and feet.

7. A pass-through design with an opening for entrance and exit.

8. Shall be ADA-compliant and come with wheelchair accessible ramps.

9. Shall include “On/Off” indicators must be visible from 360 degrees around the system.

10. Shall operate off a 110V power supply.

11. Shall utilize a maximum power load of 20 amps.

12. Shall be purpose-built for a correctional environment.

13. Shall have a height-adjustable workstation.

14. Shall include a minimum 24-inch touchscreen monitor.

15. Shall include a workstation with a minimum of 1TB of storage, and an additional 1TB of backup storage.

16. Workstations shall have a locking keyboard/mouse enclosure.

17. Shall have the ability to scan an individual up to six feet eight inches tall.

18. Shall have the ability to scan an individual weighing up to 500 pounds.

19. It is preferred that each Full Body Security Millimeter Wave Scanner equipped with wheels that have the ability to be moved.

20. Footprint shall be no larger than 87” L x 45” W x 95” H.

21. Shall include configurable technology capable of tracking identifying information for the individual being scanned using existing Department identification cards or a State of Texas issued identification card as well as the ability to manually enter information from other forms of identification.

22. At the termination of the Contract, the Contractor shall work with the new Contractor and the

Department to transfer the recordings, intact, to the new Contractor’s equipment.

23. All equipment purchased by the Department or replaced under warranty terms shall be new, unused, and in its original packaging.

24. Shall have the same features and functionality at all designated Department locations and shall allow Department staff the ability to securely conduct system administration functions.

25. All Full Body Security Millimeter Wave Scanners created media shall be encrypted prior to transmission or storage.

D. Access Control

1. The Full Body Security Millimeter Wave Scanner shall provide multiple layers of access control.

Department staff shall have the ability to determine and assign security levels and access controls.

A secure, validated, multi-factor authentication shall be used to access the system regardless of the administrator access level.

2. Contractor shall specify multi-factor authentication standards that shall be utilized. Access shall also be controlled by unique user ID's which shall provide the capability to trace logged actions to the originator if needed.

E. Adds, Moves, and Changes

Only Department staff shall be capable of performing adds, moves, deletions, and changes to users and images in the Full Body Security Millimeter Wave Scanner, based on permission levels. The Contractor shall provide written procedures for performing such functions, as well as authorization and audit trail features.

F. Reports

1. The system shall have the capability to produce management reports on demand and on a scheduled basis.

2. Reports may be standard or ad hoc with the capability to be searched by date range and available to be produced from all stored data (e.g., management, station, recorded data, status, etc.).

3. Production of reports shall not negatively affect any portion of system operations.

4. Report interface shall be intuitive, well documented, and easy to use.

5. Reports shall be able to be generated at the individual facilities.

6. The system shall produce, at a minimum, reports on:

a. Usage;

b. Percentage of scans identified to detect contraband;

c. Number of scans at a location;

d. Number of scans on a specific individual;

e. Number of flagged items scanned;

f. Names of individuals with flagged scans;

g. Name of the person operating the scanner; and

h. Date and time of scans.

G. Uninterrupted Power Supply (UPS): The Contractor shall provide an UPS/battery back-up and surge protection for the Full Body Security Millimeter Wave Scanner and other ancillary equipment that shall provide an automatic restart capability to return the system to its previous operating state when power is restored. The UPS shall prevent potential problems in the Full Body Security Millimeter Wave Scanner caused by power surges and spikes. A minimum of two hours backup at full load is required.

H. System Administration

1. The Contractor shall identify for the Department all capabilities and software used in performing system administration, monitoring, and management functions.

2. Management of the Full Body Security Millimeter Wave Scanner shall allow for various levels of access and system administration at all designated locations.

3. The Contractor shall detail multi-factor standards, provide unique user IDs, and ensure changes are logged.

4. The Contractor shall provide detailed and thorough training shall be provided to Department system administrator as detailed in Section C.3.6.

C.3.1.2 Technical Specifications Requirements

A. Equipment Room/Infrastructure: The Department shall provide space with necessary power in existing facilities for Full Body Security Millimeter Wave Scanner equipment that has a minimal size requirement and does not interfere with the Department's access, use, or potential use of the area where the equipment is located.

B. The Department reserves the right to make the final determination regarding equipment placement.

C.3.2 Contractor Requirements, Responsibilities, and Staffing

C.3.2.1 Contractor Requirements and Responsibilities

The Contractor shall have direct oversight, and be responsible for, and monitor the performance of all Contractor staff performing services under the Contract. The Contractor shall be responsible for all expenses incurred on behalf of Contractor’s staff positions including travel, lodging, transportation, and meals.

C.3.2.2 Staffing

A. The Contractor is responsible for all resources necessary to provide the Services included in the Contract.

The Contractor shall provide an adequate level of staffing for provision of the Services outlined herein and shall ensure that staff providing services is appropriately trained, qualified, and licensed, if required.

B. The Contractor’s staff shall coordinate with and maintain a good working relationship with Department staff and other Contractors working with the Department. The Department shall provide security for the Contractor’s employees and agents consistent with the security provided for Department staff at each facility.

C. The Contractor’s staff on-site shall adhere to the standards of conduct prescribed in law, and as prescribed in the Department's personnel policy and procedure guidelines, particularly rules of conduct, Employee Uniform and clothing requirements (as applicable), security procedures, and any other applicable rules, laws regulations, policies, and procedures of the Department. The Contractor’s staff shall be subject to and shall comply with all security regulations and procedures of the Department and the respective facility. Violation of regulations may result in the employee or individual being denied access to the facility. In this event, the Contractor shall provide alternate personnel to supply Services described herein, subject to Department approval.

D. Throughout the term of the Contract, the Contractor shall at a minimum:

1. Provide a Project Manager who shall be the single point-of-contact assigned to the project from

Contract award to implementation, acceptance and go-live.

2. Provide qualified personnel to perform the Services required.

3. Provide the Department prior written notice of placement and/or replacement of personnel, or any plan to place and/or replace personnel. Placement and/or replacement by the Contractor of key personnel assigned to the Contract shall be allowed provided the Department gives prior written approval.

4. Remove and replace personnel at the request of the Department. The Department shall have the right at any time to request the removal of any of the Contractor’s employees/subcontractors. The Contractor shall use all reasonable efforts to promptly replace such employee/subcontractor with a team member possessing skills, experience and training that are equal to or exceed those of the position description.

5. Assure personnel follow laws, rules, regulations, standards, policies, and procedures. It is the

Contractor’s responsibility to ensure that all Contract employees are familiar with Department regulations. Contractor standards of conduct, notification of background checks, relevant policies and/or statutes are incorporated as reference.

E. Prior to Contract implementation, the Department representative shall be provided a list of all Contractor employees involved in the Contract who at any time have ever been sentenced to any facility of the Department. Said list should include name, TDCJ inmate number, and the nature of the offense and the sentence. Prior approval shall be obtained before an ex-inmate may enter any Department facility.

F. Any Contractor employee that has any relative, either blood or by marriage, within the second degree of affinity or consanguinity, that is or may become during the project, an inmate at the facility where the work is to be performed shall notify the Department representative in writing prior to starting work, or immediately upon learning of the same.

G. Contractor shall caution all employees involved in the Contract against becoming familiar with inmates and/or the inmates' families. Contractor employees shall not bring anything to any inmate, nor shall they carry anything out for any inmate.

H. The Department reserves the right to ban any Contractor employee from entering the property of the

Department who fails to comply with any regulations.

I. The Contractor is responsible for the conduct and behavior of all persons working at a Facility (including employees, consultants, independent Contractors, and their employees and agents) and shall ensure the Department's policies are followed. Should a violation occur, the Contractor shall take corrective action acceptable to the Department.

J. The Contractor shall provide Services to the Department that are in compliance with all applicable local, state, and federal laws, rules, and regulations now in effect or that become effective during the term hereof including but not limited to, Civil Rights Act of 1964; Title VII of the Civil Rights Act of 1964;

Section 504 of the Rehabilitation Act of 1973; the Age of Discrimination in Employment Act; the Immigration Reform and Control Act of 1986; Code of Federal Regulations, Title 42, Part 2 (regarding information about drug and alcohol abuse inmates); Environmental Protection Department (EPA) Rules and Regulations; Texas Code of Criminal Procedure; Texas Health and Safety Code, Chapters 85, 595, 611; Texas Administrative Code, Title 25, Chapter 403, Subchapter K (regarding inmate identifying information); the Americans with Disabilities Act of 1990; the, Civil Rights Act of 1991; Occupational Safety and Health Act (OSHA) of 1970; Section 231.006, Texas Family Code; - Texas Government Code, Chapters 492-508, 783, 2254, 2259, and 2260; Uniform Grant Management Standards (UGMS);

and any and all relevant federal and state financial cost principles and audit requirements; and any and all rules, policies and procedures established from time to time by the Department and the Texas Board of Criminal Justice. When differences· between applicable standards exist, the higher standard, as defined by Department, shall prevail.

K. The Contractor and its employees/Subcontractors shall adhere to the Department’s Personnel Directives listed below and found on the Department’s website https://www.tdcj.texas.gov/divisions/hr/hr-policy/index.html and any subsequent revisions thereafter, as follows:

1. PD-03, Employee ID Cards.

2. PD-04, Data Use and Non-Disclosure Agreement.

3. PD-13, Sexual Harassment and Discourteous Conduct of a Sexual Nature.

4. PD-17, Drug-Free Workplace.

5. PD-22, General Rules of Conduct and Disciplinary Action Guidelines for Employees.

6. PD-27, Employment Status Pending Resolution of Criminal Charges or Protective Orders.

7. PD-28, Dress and Grooming Standards.

8. PD-29, Sexual Misconduct with Inmates.

9. PD-75, Applicants with Pending Criminal Charges or Prior Criminal Convictions.

L. The Contractor, in its performance of the Contract, shall comply with other Department policy statements contained in the Department Policies as they relate to the Contract. Contractor shall not deviate in any material respect from applicable Department policy statements in the provision of services without the prior written approval of Department, which approval shall not be unreasonably withheld by Department.

M. Contractor's written request for deviations from said policy statements as they relate to the Contract shall originate from the Authorized Representative of the Contractor and shall be made to the Program Specialist. The Contractor’s written requests for deviation shall contain language which details the specific deviation with reference to the policy number, section, paragraph, etc., as well as the justification for such deviation.

N. Breach of either physical security or information security by any employee/subcontractor shall require immediate removal of the employee/subcontractor from the Contract. Immediately upon discovery of the breach of security, Contractor shall notify the Department of the breach and provide a written report within 24 consecutive hours to include, at a minimum, date, and time of the breach, how the breach occurred, name of offending parties, if known, extent of damage or potential damage, name of person conducting the investigation, and action(s) taken by Contractor for remedy.

O. Contractor shall notify Department within 24 consecutive hours of an employee's arrest.

P. The Department shall provide the Contractor written notification within 24 consecutive hours of a failure to adhere to Department policy PD-22 (https://www.tdcj.texas.gov/divisions/hr/hr-policy/pd-22.pdf).

Violations of PD-22 that involve a breach of corrections management security require immediate removal of the employee/subcontractor from the property of the Department. The Contractor shall be required to remove said employee/subcontractor from the project.

Q. In the case of violations of PD-22 that do not involve a breach of correctional management security, the

Department may require the employee/subcontractor to cease all activity and remove self from the property of the Department. At the Department's discretion, the Contractor may be required to remove said employee/subcontractor from the project.

R. Upon request by the Department, the Contractor shall provide for replacement of an employee/subcontractor found to be in violation of PD-22. The Contractor shall use all reasonable efforts to promptly replace such employee/subcontractor with a team member possessing skills and training that are equal to or exceed those of the individual being replaced.

S. The Contractor shall provide criminal history information for employee background checks. Contractor staff with access to confidential/security sensitive data shall be security cleared.

T. Contractor shall not employ any person working directly on the Contract with a misdemeanor or felony conviction without prior written approval of Department. This includes any employee with a criminal history who is employed by Contractor at the lime of award. Contractor shall comply with PD-75 in determining eligibility for employment. Contractor shall provide Department with a current list of all employees including position title and whether the employee has/had a felony conviction, at the beginning of the Contract year, and upon each occurrence.

U. Contractor agrees to provide a completed TDCJ Non-Employee Background Questionnaire for each of its current and future employees and subcontractors who work under the Contract in locations where the Department's data is stored and processed, in order that a Texas Crime Information Center/National Crime Information Center (TCIC/NCIC) criminal history check can be performed by the Department.

V. A background investigation, to include a NCIC and TCIC records check, shall be conducted by the

Department for each employee (including consultants, independent Contractors and their employees and agents who work on a routine basis on the Contract) prior to being assigned by Contractor to perform work at a Facility. Fingerprinting may be required as part of the investigation.

W. Contractor shall receive a written notification from the Department indicating pass status on the criminal history check prior to allowing the employee/subcontractor access to areas where the Department's data is stored or processed. Contractor also agrees to ensure that no persons working for Contractor or Subcontractors who have not received TCIC/NCIC criminal history clearance from the Department shall be allowed in areas where the Department's data is stored or processed without an authorized Department escort.

X. Replacement by Contractor of an employee/subcontractor performing under the Contract shall be at the discretion of Contractor provided the replacement staff passes a TCIC/NCIC criminal history check by the Department.

Y. Provide Project Manager: Contractor shall assign a Project Manager dedicated to the Contract full-time from Contract award to implementation, acceptance and go-live. The Project Manager shall be responsible for coordinating with Department staff the status of the entire project and be the single point of contact during project implementation.

Z. Provide Account Manager and Alternate, as Required: Contractor shall assign a full-time Account

Service Manager exclusively to the Contract. An alternate representative shall be assigned in the absence of the assigned Manager. The Account Service Manager shall have extensive management experience with emphasis in Contract management of Contracts of similar size and scope.

The duties of the Account Service Manager shall include, at a minimum:

1. Overall performance of the Contract and general project management duties.

2. Account management.

3. Resolution of billing problems.

4. Resolution of technical issues.

5. Attendance at on-site meetings.

6. Promptly responding to Department communication.

AA. Contractor will supply Trainers dedicated to the training requirements of the Department. Trainers will be made available to train staff at any Department facility or administrative office at the discretion of the Department. This position shall also ensure that Department training material is updated and current.

C.3.3 Other Requirements

A. Contractor shall describe in detail any Disaster Recovery Plan in place that would provide for the recovery of data in the event of system failure, a catastrophic event, a natural disaster, or other event that causes loss of the system or data. In the event of a database or central processor failure, all Full Body Security Millimeter Wave Scanner shall retain all capabilities, restrictions, validations, and system integrity. The plan shall provide reports illustrating that the Full Body Security Millimeter Wave Scanner shall be restored to the exact configuration and restrictions as prior to system failure, and that all records are restored.

B. All information and databases associated within the Full Body Security Millimeter Wave Scanner are the property of the Department and shall not be given, sold, or used for any other purpose outside of the Full

Body Security Millimeter Wave Scanner without express written consent from the Department. Upon termination of the Contract, data shall remain with or be transferred to the Department.

C.3.3.1 Implementation

A. It is understood and acknowledged by the parties that the work cannot be efficiently completed without the use of a competent plan, updated frequently and utilized by the Contractor for the planning, management, and coordination of the work. Therefore, the requirements of the Contract as to scheduling and reporting, as well as time limits for completion of the work, are of the essence.

B. The Department shall provide written acceptance of a negotiated and approved Implementation Plan prior to commencement of any work.