ESBD_File_355854_696-PF-24-P016.pdf

Texas Department of Criminal Justice Proposal Cover Page

This form requests basic information about the respondent and project and must be completed in its entirety, including the signature of the authorized representative.

SOLICITATION INFORMATION

1) Solicitation Number:

696-PF-24-P016

2) Issue Date: 3) Deadline: May 10, 2024

April 10, 2024 1:00 p.m. CT

4) Contract Specialists: Marleah Hutton (936) 437-3803 marleah.hutton@tdcj.texas.gov

(reference Section G.2.2) Janice Wooley (936) 437-3842 janice.wooley@tdcj.texas.gov

5) Type of

Solicitation: RFP-Request for Proposal

6) Solicitation Description The TDCJ is seeking proposals for the operation and management of State Jail Facilities.

PROPOSAL SUBMITTAL

7) Receiving

Office:

TDCJ Contracts & Procurement, Contract Administration Branch 2 Financial Plaza, Suite 703, Huntsville, TX 77340

*All packages must be labeled with the solicitation number and Contract Specialists’ names. Reference Section L.7 for complete submittal instructions.

RESPONDENT INFORMATION

8) Legal Business Name:

9) Mailing Address Information (include mailing address, street, city, county, state and 9-digit zip code):

10) Payee Name and Mailing Address, including 9-digit zip code (if different from above) (remittance address if not electing Direct Deposit):

11) Federal Tax ID No. (9-digit), State of Texas Comptroller Vendor ID Number (14-digit) or Social Security Number (9-digit):

12) Type of Entity (check all that apply):

HUB Certified

Corporation (incorporated under the laws of the State of _____________) Type: ______ M/F ___ Partnership Individual Non-Profit Organization* Joint Venture

*If incorporated, provide 10-digit charter number assigned by Secretary of State:

If a Foreign Entity:

Individual Partnership Joint Venture Non-Profit Organization Corporation (registered for business in _________________ (country)

13) Prompt Payment Discount: _____ % _____Days or Net 30 (reference Section G.3 for additional information)

14) Amendments: Signed and submitted by the Respondent with Proposal or via email prior to the deadline.

RESPONDENT AUTHORITY AND SIGNATURE

15) Respondent Point of Contact Name: ______________________ Title: ________________________

Email address: ______________________________________________ Telephone #: _________________

16) Respondent Authorized Signature:

696-PF-24-P016

TABLE OF CONTENTS

Page

TABLE OF CONTENTS

SUMMARY OF KEY DATES

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 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES,

PROCEDURES, AND LAWS

C.3 DEPARTMENT POLICIES, AND COMPLIANCE WITH APPLICABLE RULES,

REGULATIONS, POLICIES, PROCEDURES AND LAWS

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 Health Services C.4.9 Recreation C.4.10 Legal C.4.11 Visitation C.4.12 Commissary C.4.13 Pest Control C.4.14 Maintenance, Remodeling, Damages, and Condemnation C.4.15 Risk Management C.4.16 Utilities C.4.17 Chaplaincy and Volunteer Services C.4.18 Interpreter Services C.4.19 Inmate Grievance Procedure C.4.20 Programmatic Activities C.4.21 Security C.4.22 Disciplinary Rules and Regulations C.4.23 Good Time C.4.24 Self-Monitoring C.4.25 Drug Testing C.4.26 Intake Diagnostic Processing Requirements C.4.27 Individualized Treatment Plans (ITP) C.4.28 Mail C.4.29 Community Work Projects and Public Service Programs C.4.30 Facility Generated Income C.4.31 Progress Reports/Transition Plans

C.5 ACCESS TO PREMISES/EMPLOYEE IDENTIFICATION Cards

C.6 BEHAVIORAL INTERVENTION

C.7 DEPARTMENT FURNISHED ITEMS

C.7.1 Facility C.7.2 Department Policies and Procedures

C.8 ACA ACCREDITATION

C.9 PRISON RAPE ELIMINATION ACT (PREA)

C.10 DEPARTMENT DESIGNATED STAFF

C.11 DEPARTMENT RECORDS

SECTION D – RESERVED FOR FUTURE USE

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.2 INSPECTION OF FACILITIES

E.3 MONITORING CRITERIA

E.4 AUDITS BY OTHER AGENCIES

E.5 FRAUD, WASTE, OR ABUSE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.3 OPTION TO EXTEND SERVICES

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 TDCJ-PFCMOD Monitor G.2.4 Program Director

G.3 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Payment Adjustment G.4.2 Late Payment G.4.3 Deductions for Unacceptable Compliance Standards G.4.4 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

H.3 TRANSITION

H.4 CRIMINAL HISTORY INFORMATION COMPLIANCE

H.5 OTHER CONFIDENTIAL OR SENSITIVE INFORMATION

H.6 BOOKS AND RECORDS

H.7 ORGANIZATIONAL AND NAME CHANGE

H.8 FREE EXERCISE OF RELIGION

H.9 DELAY OF SERVICES

H.10 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/WORKERS’ COMPENSATION/UNEMPLOYMENT INSURANCE – INCLUDING

INDEMNITY

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 SEVERABILITY

I.13 IMMIGRATION

I.14 NO LIABILITY UPON TERMINATION

I.15 LIMITATION ON AUTHORITY

I.16 INTELLECTUAL PROPERTY INDEMNIFICATION

I.17 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

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

I.18 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE

OWNERSHIP)

I.19 FORCE MAJEURE

I.20 NOTICES

I.21 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.2 FRANCHISE TAX REPRESENTATION

K.3 REPRESENTATIONS OF THE RESPONDENT

K.3.1 Organization and Qualification K.3.2 Authorization K.3.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.3.4 No Defaults Under Agreements K.3.5 Compliance with Laws K.3.6 No Litigation K.3.7 Taxes K.3.8 Financial Statements K.3.9 No Adverse Change K.3.10 Disclosure K.3.11 No Collusion

K.3.12 Disclosure of Interested Parties K.3.13 Notification K.3.14 Deceptive Trade Practices; Unfair Business Practices

K.4 REPRESENTATIONS OF THE DEPARTMENT

K.4.1 Authorization K.4.2 No Violation of Agreements K.4.3 Disclosure

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO RESPONDENTS

L.1 RESERVED FOR FUTURE USE

L.2 AMENDMENTS TO SOLICITATIONS

L.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF PROPOSALS

L.4 SIGNATURES ON PROPOSALS SUBMITTED

L.5 PROPOSAL ACCEPTANCE

L.6 CONTRACT AWARD

L.7 RIGHTS OF THE DEPARTMENT

L.8 PROPOSAL PREPARATION INSTRUCTIONS

L.8.1 Proposal Submission Checklist

L.9 RESPONDENT’S TECHNICAL INFORMATION PACKET

L.10 DISCUSSION AND CORRESPONDENCE

L.11 PRE-PROPOSAL TELE-CONFERENCE AND FACILITY TOUR

L.12 LEGISLATIVE BUDGET BOARD (LBB) POSTING

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 M.3.3 Experience M.3.4 Financial Strength M.3.5 Past Performance M.3.6 Other Areas Evaluated

SUMMARY OF KEY DATES

April 10, 2024 Post to the ESBD

April 19, 2024 11:00 a.m. Pre-Proposal Conference and Facility Tour James Bradshaw State Jail

April 22, 2024 1:00 p.m. Deadline for Written Questions for Clarification to the Department

April 24, 2024 12:00 p.m. Facility Tour John R. Lindsey State Jail

April 29, 2024 12:00 p.m. Facility Tour Willacy County State Jail

April 30, 2024 5:00 p.m. Deadline to Submit Responses to Clarification Questions by the Department

May 10, 2024 1:00 p.m. Deadline for the Department Receipt of Proposals in Huntsville. Late Offers will not be accepted.

September 1, 2025 Service Commencement Date

696-PF-24-P016 Section A

SECTION A - CONTRACT DEFINITIONS

The following terms used in the 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 the 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 cost of operating and managing the Facility.

Authorized Representative means the person designated in writing to act for and on behalf of a party of the Contract.

Average Daily Salary shall be as set forth in Compliance Standards and Average Daily Salary Schedule (Exhibit J.3).

Biennium means any of the two-year periods beginning on September 1st and ending on August 31st 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 member board and 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.

Classification Schedule means the salary schedule for the State of Texas.

Compliance Standards means 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 Year means the Base Period Year or Option Period Year as specified in Section B.2 of the Contract.

Contract Specialist means the Department employee responsible for non-technical administration of the Contract.

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

Contractor means the individual, partnership, or corporation who performs Services under the Contract.

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 in connection with litigation that are applicable to the operations, management, or maintenance of the Facility and program and relate to the custodial care of Inmates. For purposes of the Contract, this term includes such orders, judgments, stipulations, agreements, or plans applicable to the Department.

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

Day(s) means calendar Day(s).

Department means the Texas Department of Criminal Justice (TDCJ).

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 the Contract.

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

DPS means the Texas Department of Public Safety.

Dual-Homed Computer Equipment means computer equipment connected to both the Department Micro Focus applications via the Department’s network and the Contractor’s network via Local Area Network, Wide Area Network, modem or other method.

Event of Default means any of the events or circumstances described in Section I.2.7.

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 State Jail which is operated and maintained by the Contractor pursuant to the Contract.

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 a 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 Day a prospective correctional officer starts the required Pre-Service Training. For all other employees it means the first 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-year periods beginning September 1st and ending August 31st, which periods are used for annual budgetary purposes by the State of Texas.

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

Inmate means a person under the supervision or custody of the Department.

Inmate Day means each day or part thereof where an Inmate is assigned to a Facility operated by the Contractor, as determined by the Midnight Strength Report.

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

Midnight Strength Report means the official numerical count of the number of Inmates present at the Facility at the end of each Day (being 11:59 p.m.), which for purposes of the Contract shall be conclusive as to the number of Inmates present at the Facility for the Day just ended.

Monthly Contractor Payment means the mathematical product of the Contractor’s Per Diem Rate multiplied by the number of Inmates who occupy the Facility during the billing month according to the Midnight Strength Report for each Day of the billing month prior to any adjustments.

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

Monthly Position Control Number (PCN) Listing means a report (Exhibit J.7) that corresponds to the position titles and numbers of positions identified on the Contractor’s approved Staffing Plan (Exhibit J.1).

Monthly Position Vacancy Report (PVR) means a report providing detailed information as to when a position is vacant, filled, or the person in a position is out on temporary leave (Exhibit J.8.A and J.8.B).

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

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 accordance 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 his/her sentence under the supervision of the Texas Department of Criminal Justice-Parole Division (TDCJ-PD).

Parole Modification Inmate means Inmates assigned to the Facility as a modified condition of their parole.

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

PCN means the Position Control Number.

PD means the Department’s Personnel Directives.

Per Diem Rate means the Contractor’s daily rate paid per day for each Inmate, as set forth in Section B.2.

Person means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization, court or other tribunal, or government or any agency or political subdivision thereof.

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-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 weeks in duration.

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

Pre-Service Training means training that must be completed prior to duty assignment.

PREA means the Prison Rape Elimination Act of 2003.

Priority 1 Position means a priority level assigned to a security position that has been identified on a shift turnout roster to meet the basic security and operational needs of the Facility.

Priority 2 Position means a priority level assigned to a security position that the Warden or designee may staff as needed to allow for unit activities that are deemed necessary based on availability of staff.

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

Redeployment means the temporary assignment of duties that are normally performed by a different position on the Facility as specified in Section C.4.2.L.

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).

Respondent means an individual or entity that submits a proposal, including anyone acting on behalf of the individual or entity, such as an agent, employee, or representative.

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 the Contract.

Services means delivery of requirement in accordance with the terms and conditions of the Contract.

State Jail Inmate means any Inmate sentenced to or confined in a state jail facility. The Inmate may be used interchangeably with State Jail Inmate.

State-Owned Equipment means all machinery, equipment, furniture and other items of tangible personal 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/Oversite Division (TDCJ-PFCMOD), including all items purchased or replaced.

TBCJ means the Texas Board of Criminal Justice.

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

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

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

TDCJ-PFCMOD Monitor means the Department employee responsible for the technical details within the scope of the Contract.

Temporary Reassignment means a non-permanent change to a duty location(s) other than the Facility specified in Section C.1. (Also see Section C.4.2.M)

Texas Workforce Commission (TWC) means the State agency charged with overseeing and providing workforce development services to employers and job seekers of Texas.

Upper-Level Management (ULM) Personnel 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 the Contract. For facilities that do not have an Assistant Warden position listed on the Staffing Plan (Exhibit J.1) then use the equivalent positions of Warden, Major and Captain.

Working Day(s) means a weekday, unless a nationally recognized holiday or other holidays observed by the Agency.

696-PF-24-P016 Section B

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired

The Contractor shall, in accordance with the terms of the Contract, provide all necessary personnel, equipment, materials, supplies, and Services (except as may be 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 one or multiple State Jails in the following locations in Texas:

Facility Name Location Capacity Inmate Bradshaw State Jail Henderson 1,980 Male Lindsey State Jail Jacksboro 1,031 Male Willacy State Jail Raymondville 1,069 Male

The Contractor may submit an offer for one or more Facilities. Section L will provide instructions for the requirements of submitting an offer for more than one Facility.

B.1.2 Pricing Instructions

A. In Volume 3 of the proposal, the Respondent shall include the Pricing Schedule, Budget Justification Forms, and a detailed budget and budget narrative for the operation and management of the program(s), to include all costs of providing the Services required in Section C.

B. Section B.2, Pricing Schedule, shall be completed for each Facility being offered and incorporate the Per Diem Rates established in the Budget Justification Forms (Exhibit J.1).

C. Upon request, the Contract Specialist can provide Exhibit J.1 in Microsoft® Excel format.

696-PF-24-P016 Section B

B.2 PRICING SCHEDULE

Facility Name:

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.

Base Period, Year One (09/01/25 – 08/31/26)

Program Capacity Per Diem

State Jail Inmate $

Base Period, Year Two (09/01/26 – 08/31/27)

State Jail Inmate

Option Period, Year One (09/01/27 – 08/31/28)

Option Period, Year Two (09/01/28 – 08/31/29)

696-PF-24-P016 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The Department requires a Contractor(s) for the operation and management of the following Facilities:

Facility Name Location Capacity Inmate Bradshaw State Jail Henderson 1,980 Male Lindsey State Jail Jacksboro 1,031 Male Willacy State Jail Raymondville 1,069 Male

The Department is authorized under Texas Government Code, Section 507.001 to operate and manage secure State Jail Facilities as well as contract with private vendors for the operation and management of these Facilities.

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

PROCEDURES, AND LAWS

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 Standards; and American Correctional Association (ACA) Standards.

1. When differences exist between the Federal and 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, the Contract language shall take precedence over Department Policy.

B. The level and quality of programs and services must be at least equal to those provided by state-operated facilities that house similar types of Inmates and at a cost that provides a savings of not less than 10 percent of the cost of housing Inmates in similar facilities and providing similar programs to those types of Inmates in state-operated facilities.

C.3 DEPARTMENT POLICIES, AND COMPLIANCE WITH APPLICABLE RULES,

REGULATIONS, POLICIES, PROCEDURES AND LAWS

A. The Contractor shall not deviate from the Department Policies and procedures in the provision of Operation and Management Services without the prior written approval of the Department.

B. 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/procedures contained therein, unless the Department approves in writing an exception from such policies/procedures.

C. The Contractor's written request for exceptions from said policies/procedures shall originate from the Authorized Representative of the Contractor or designee and shall be forwarded to the TDCJ-PFCMOD Director or designee. The Contractor’s written requests for exception shall specify the exception, with justification, and reference to the Policy number/procedure, section, paragraph, etc.

D. Unless an exception from the Contractor is specifically requested and approved in writing by the Department, the Contractor shall comply with Department Policies. A Contract award shall not imply approval of a policy/procedure exception. Any exceptions previously granted by the Department under a separate or previous contract do not apply to the Contract.

E. The Department shall provide guidance to the Contractor in establishing approved remote access to Department Policies, operational procedures, plans and manuals as well as changes to said policies, operational procedures, plans and manuals. The Contractor shall be provided with an initial copy of Department Policies, operational procedures, plans and manuals; however, the Contractor shall be responsible for all costs associated in obtaining additional replacement copies of these policies and procedures.

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 be certified and meet the Department requirements.

B. At a minimum, all Security Staff must complete 240 hours of Pre-Service Training and 144 hours of OJT. Additionally, Security Staff are required to complete 40 consecutive hours of In-Service Training annually.

C. Those Security Staff and non-security staff currently employed at a privately operated secure Department correctional facility or at a Department operated unit or who have been separated from employment from such a unit for less than three 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 requirement so long as they are in compliance with their annual training requirement as evidenced by the appropriate documentation.

D. All non-uniformed staff in positions requiring annual In-Service Training in accordance with Department Policy and who are responsible for the supervision of Inmates, shall be required to complete the same 240 hour Pre-Service Training that uniformed staff attend. Such non-uniformed staff shall be required to complete the same 40 hours of annual In-Service Training as the Security Staff.

E. All clerical and support staff including but not limited to secretaries, clerks, computer personnel, human resources staff, and bookkeepers shall be required to complete 32 hours Pre-Service Training that includes the Correctional Awareness Workshops prior to employment. In-Service Training shall consist of the 16 hours of Staff Survivor Training to be completed annually thereafter.

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

G. Staff identified as instructors for munitions and defensive tactics, to include specialized tactics, must receive initial certification and annual re-certification through the Department’s Training and Leadership 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.

H. The Contractor shall provide Cyber Security Awareness Training to all new security officers within 30 Days of their Filled Date. All other new employees shall be provided Cyber Security Awareness Training within 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.

I. Contractor shall not, without prior approval by TDCJ, hire at the same facility or transfer to the same facility an employee related to another employee of Contractor within the third degree by consanguinity (blood) or within the second degree affinity (marriage).

For the purpose of this provision, an adopted child is considered a child of the adoptive parent(s), and marriage includes documented ceremonial and informal (common law) marriage.

C.4.2 Staffing

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

B. The Contractor’s positions shall be staffed with qualified and trained employees in accordance with the detailed Staffing Plan (Exhibit J.1).

C. The Contractor shall provide job descriptions for specific staff positions identified on the Staffing Plan (Exhibit J.1), 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 TDCJ Job Description Minimum Qualifications (Exhibit J.6).

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 and agents, and volunteer workers who work on a routine basis at the Facility) within 30 Days prior to being assigned by Contractor to the Facility. A request for additional time may be submitted for approval. 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. A request for additional time may be submitted for approval.

1. The results of the criminal background checks must be acceptable to the

Department and shall be maintained in the employee’s 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 and 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 limited to, background investigation reports, a copy of the Department’s PE-1, PE-2 and/or approval/denial letter from the TDCJ-PFCMOD, signed job description, Upper-Level Management (ULM) approval (as applicable), and the results of a 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). Additionally, the Contractor shall notify the TDCJ—PFCMOD for all ULM absences more than 72 hours, to include the designee in charge for the duration of absence.

I. The Contractor shall not, without prior approval by TDCJ, hire at the same facility or transfer to the same facility an employee related to another employee of Contractor within the third degree by consanguinity (blood) or within the second degree affinity (marriage). For the purpose of this provision, an adopted child is considered a child of the adoptive parent(s), and marriage includes documented ceremonial and informal (common law) marriage.

J. The Contractor is responsible for the conduct and behavior of all persons employed or assigned to perform Contract duties (including consultants, independent contractors and their employees and agents and volunteer workers) and shall ensure 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 notify the TDCJ-PFCMOD Director, in writing, within the 48 hours of any employee investigation.

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

3. The Contractor shall notify the TDCJ-PFCMOD Director, in writing, the outcome of the investigation within 48 hours of concluding the employee investigation.

4. The Contractor shall immediately notify the TDCJ-PFCMOD, 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. A copy of such written authorization shall be maintained in the employee’s personnel file.

5. The Contractor shall comply with PD-04 (Data Use and Non-Disclosure Agreement).

K. A Position Vacancy, as defined in Section A, Contract Definitions, may occur in staff positions required by the Staffing Plan (Exhibit J.1). It is the policy of the Department that the Contractor will ensure that any vacancies in the approved Staffing Plan (Exhibit J.1) shall be filled by a qualified employee having a verifiable Filled Date, as defined in Section A, Contract Definitions, within 120 Days of the Position Vacancy occurring.

1. If a position remains vacant for more than 120 Days, the Monthly Contractor

Payment for the period during which the position remains vacant shall be reduced by an Average Daily Salary, as defined in Compliance Standards (Exhibit J.3), Attachment A, Average Daily Salary Schedule, starting on the 121st Day from the position being vacant.

2. If it is determined by the Department monitoring staff that a service has not been provided while the incumbent has been out on leave, to include but not limited to Family Medical Leave (FML), Workers' Compensation, Military Leave, or Administration Leave, the Average Daily Salary for that position will be deducted for the period for which the Service was not provided.

a. Such a position is vacant, regardless of whether the service is being provided, when:

i. The incumbent remains on FML or Workers’ Compensation status more than 12 weeks.

ii. The incumbent, on Military Leave status, exhausts all paid leave and is placed in a leave without pay status or separated from employment.

iii. The incumbent remains, on Administrative Leave, more than 14 Days.

b. A current annual criminal background check which meets continued employment eligibility, in compliance with PD-75 (Applicants with Pending Criminal Charges or Prior Criminal Convictions), is required before the return of an employee described above.

c. In the event the employee was terminated from the Contractor’s payroll, a pre-employment criminal background check that meets employment eligibility criteria in PD-75 (Applicants with Pending Criminal Charges or Prior Criminal Convictions) is required prior to the incumbent returning to work.

L. If the Contractor transfers any employees, regardless of rank, title, or position, to another position, from any location under contract with the Department to another location under contract with the Department, notification of this transfer must be made to the TDCJ-PFCMOD by so indicating “transfer” on the Monthly Position Vacancy Report (PVR) (Exhibit J.8.A and J.8.B). In addition, at the Department’s request, the Contractor shall provide the name of the employee, location of transfer, all pending investigations and disciplinary actions, and previous disciplinary actions.

M. The Temporary Reassignment of staff to other locations operated by the Contractor shall be subject to the following provisions:

1. Temporary Reassignment of staff for any reason other than emergency situations shall have prior written approval from the TDCJ-PFCMOD Director or designee before reassignment. The Average Daily Salary of the reassigned employee will be withheld from the Monthly Contractor Payment in the event the reassignment does not benefit the Department.

2. The Contractor shall provide TDCJ-PFCMOD with a written description as to how the incumbent’s duties will be performed during the period of the Temporary Reassignment.

N. The Contractor may utilize part-time employees. All part-time employees shall be trained pursuant to the Department training requirements (refer to Section C.4.1) prior to being assigned to a Post.

1. Part-time employees may temporarily perform the duties of, but cannot permanently fill, a full-time position identified in the Staffing Plan.

2. All part-time employees shall meet the same qualifications and training eligibility requirements as full-time employees.

3. The use of part-time supervisory Security Staff is prohibited.

O. The Department will allow staffing credits for correctional officer and sergeant positions, based on accrued overtime, to offset vacancy withholdings. The following provisions apply to these staffing credits:

1. Accrued overtime will be reported and credited for a calendar month; and

2. Unused credits cannot be carried over from one month to the next.

P. The Contractor may, on its own accord, hire a limited number of additional staff that are not included on the Staffing Plan (Exhibit J.1). This staff may receive all required training and may fill vacant positions as they occur. The referenced additional staff must be listed on the Monthly Position Control Number (PCN) Listing (Exhibit J.7).

Q. The Contractor shall be responsible for the preparation of accurate employee time and attendance records, ensuring these records are signed by the employee, approved by the supervisor, maintained on file at the Facility and available to TDCJ-PFCMOD staff.

R. The Contractor shall provide a basic drawing of the Facility that details Security Staff [security officer positions identified in the Staffing Plan (Exhibit J.1)] and Deployment by location (inside and outside buildings, open areas such as recreation yards, walkways, etc., as well as outside the perimeter fence). These security Posts shall be color coded by shift on the drawing.

S. The Contractor shall submit the following reports accurately, with the required supporting documentation, no later than the fifth Working Day of the month to the TDCJ-PFCMOD Director or designee:

1. Monthly Human Resources Report (Exhibit J.5), electronically in Microsoft® Excel format and in signed format;

2. Monthly Position Control Number (PCN) Listing (Exhibit J.7), electronically in Microsoft® Excel format; and

3. Monthly Position Vacancy Report (PVR) (Exhibit J.8.A and J.8.B), electronically in Microsoft® Excel format and in signed format.

T. The Contractor shall deploy security supervisors and security officers to Posts as established in the Staffing Plan (Exhibit J.1) and in accordance with AD 11.52 (Security Staffing).

1. The Contractor’s Daily Security Shift Rosters (Exhibit J.4) shall include all security supervisor and security officer positions required in the Staffing Plan (Exhibit J.1).

2. On a daily basis, the Contractor shall provide the Department Contract Monitor copies of accurate and complete Daily Security Shift Rosters (Exhibit J.4) for all shifts, documenting all changes or reassignments that occur during the shift.

3. Upon request, the Contractor shall provide the Department Contract Monitor copies of time records for each employee identified on specific Daily Security Shift Rosters (Exhibit J.4).

4. The Contractor shall determine positions as Priority 1 and Priority 2 on each Daily Security Shift Roster (Exhibit J.4), by utilizing the Staffing Plan (Exhibit J.1). Shift rosters will be submitted annually to the TDCJ-PFCMOD. Shift rosters shall be completed in accordance with Security Operations Procedures Manual 08.01 (rev.

3), Turnout Roster Management, and 08.04 (rev. 1), Explanation of Columns on Strength Report.

a. Duties of the vacant Post shall be performed by those in other positions as designated;

b. Specific staff members shall be designated to perform the duties of the vacant Post; and

c. Specific staff members performing the duties of the vacant Post shall be identified on the Daily Security Shift Roster.

U. If redeployed, the employee shall be eligible, qualified and trained for the

Redeployment Post and must wear a uniform appropriate to the Post. Redeployment of staff shall only be authorized during the employee’s non-regular duty hours (i.e., employee regularly scheduled for first shift can only be redeployed during a shift other than first shift).

C.4.3 Food Service

A. The Contractor shall provide wholesome and nutritious meals for all Inmates in accordance with Department Policies.

B. The Contractor shall provide an annual master menu meeting the above meal requirements. This master menu shall be approved, signed and dated by a licensed dietician.

C. The Contractor shall submit any menu changes approved by a licensed dietician to the TDCJ-PFCMOD for review and approval prior to implementation.

C.4.4 Laundry, Necessities, and Barber Shop

A. The Contractor shall provide full Inmate laundry services, maintain necessities, and operate barber shops, in accordance with Department Policies.

B. The Contractor shall provide, at its expense, necessities, hygiene items and Inmate clothing in accordance with Department Policy.

C. The Contractor shall provide, at its expense, all Facility supplies including first aid kits, office supplies and building support items.

D. The Contractor shall post necessities/hygiene item distribution schedules that comply with Department Policy in all Inmate living areas and in the Inmate Orientation Handbook.

E. The Contractor shall ensure Inmates returned to a Department-operated unit are clothed in the Department’s Inmate uniforms.

F. Upon release, the Contractor shall clothe each Inmate in free-world attire.

G. Any Inmate released from the Facility during cold weather shall be provided with clothing appropriate for the weather, at no cost to the Inmate.

C.4.5 Transportation

The Contractor shall provide, at its expense, full transportation services with respect to all Inmates to be housed at the Facility. Inmate transportation services will be in accordance with Department Policies and shall not exceed the distance from the Facility to Huntsville, Texas. Such transportation shall include all transportation for health care purposes, including emergency medical transportation, as described in Section C.4.8. For emergency medical transportation, the Contractor shall provide security in accordance with Department Policies.

C.4.6 Telecommunications

A. The Contractor shall comply with Department Policies regarding Inmate telephone access.

B. The Contractor shall ensure that all radio systems are licensed and maintained in accordance with Federal Communications Commission (FCC) regulations.

C. The Contractor shall provide and maintain portable (hand-held) radios, mobiles, base stations, and repeaters to meet FCC mandates for narrowband operation and that are compatible with the Department specifications.

D. The Contractor shall ensure the radio system provides adequate coverage for the Facility.

E. The Contractor shall ensure telephone systems are maintained in good working order.

F. At a minimum, the Contractor’s telephone maintenance contract shall include seven Days/24 hours coverage with a maximum of two-hour response for emergencies. No answering machines will be accepted.

G. The Contractor shall provide for seven Days/24 hours telephone communication for immediate maintenance/repair service by certified working staff.

H. The Contractor shall purchase, install, maintain/repair, and replace all cabling necessary for telephones and radio systems.

C.4.7 Information Technology Services

A. The Contractor shall provide, at its own expense, Facility equipment that may be required to interface with current and all future technology architecture requirements directed by the Department.

1. All computers for non-Department staff shall be purchased at the Contractor’s expense.

2. The Contractor will be responsible for any required software needed to access the Department’s Micro Focus applications.

3. The Contractor must have current anti-virus software and Microsoft® patches installed before connecting to the Department network.

B. The Contractor shall be responsible to offset the cost of dedicated data lines, modems

(if applicable) and leasing charges for the router to the Department.

C. The Contractor shall be responsible for prorated early termination charges pertaining to dedicated data lines, modems and routers described above in the event the Contractor terminates the Contract prior to the agreed upon date.

D. The Contractor shall report to the TDCJ-PFCMOD Monitor, any changes in the employment status or job duties of staff having access to Micro Focus applications.

C.4.8 Health Services

A. The Department shall contract with the Department’s Health Care Provider(s) to provide complete health care services including medical, dental, mental health, pharmaceutical, medical records, emergency care and sick call services for Inmates assigned to the Facility.

B. The Contractor shall be responsible for working cooperatively with the contracted health care staff to ensure the effective operation of the health care program at the Facility.

C. The Director of the TDCJ-Health Services Division will be the final authority in the event of a disagreement relating to the delivery of health care services between the Contractor and the health care staff.

D. The Contractor shall be responsible for providing security, general housekeeping and Facility maintenance in the medical area of the Facility.

E. The Contractor shall also be responsible for providing security for any Inmate admitted to a free-world hospital for the duration of the Inmate’s hospitalization.

F. The accepted form of written notification of an Inmate’s hospitalization is to be via email.

1. In the event an Inmate requires emergency or urgent admission to a tertiary care facility, the Facility must immediately inform the TDCJ-PFCMOD and submit…