FDC ITB-24-052 Addendum 1 QA Final.pdf

Responses to Written Questions

FDC ITN-24-052

Operation and Management of Contractor- Operated Correctional Facilities- Gadsden Correctional Facility

ITN-24-052 - Addendum 001

ADDENDUM #001

Solicitation Number: FDC ITB-24-052

Solicitation Title: Operation and Management of Contractor- Operated

Correctional Facilities- Gadsden Correctional Facility

Bids due by: April 25, 2025, at 2:00 p.m.

Addendum Number: 001

Addendum Date: April 15, 2025

Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. A notice of protest must be filed with the Agency Clerk, Office of General Counsel, 501 South Calhoun Street, Tallahassee, Florida 32399; or by Fax: (850) 922-4355; or by Email: CO- GCAgencyClerk@fdc.myflorida.com.

Please be advised that the information contained in this Addendum is applicable to the original specifications of the above-referenced solicitation.

This Addendum includes the Department’s written answers to the written questions received.

This Addendum includes the following changes:

Change No. 1

Attachment A – Draft Contract, is hereby revised and replaced in its entirety.

Change No. 2

Draft Transfer Agreement, is hereby revised and replaced in its entirety and can be found on the confidential site.

[Remainder of Page Left Blank Intentionally] mailto:CO-GCAgencyClerk@fdc.myflorida.com mailto:CO-GCAgencyClerk@fdc.myflorida.com

Question Number Question Answer

Reply Bond: The ITN requires the submission of a Reply Bond in the amount of five percent (5%) of the total proposal price for one year and a Performance Bond of $8 million. Would the Florida Department of Corrections consider waiving or reducing these bonding requirements?

If not, would alternative forms of financial assurance, such as a letter of credit, be considered acceptable in lieu of a bond?

No, see Section 3.28.4 Reply Bond, of the ITN.

Applicable Court Orders and Requirements: Beyond the general court orders and consent decrees affecting Florida correctional institutions, are there any Gadsden-specific legal mandates or ongoing settlements that the Contractor should be aware of?

Contractor-Operated Correctional Facilities are required to provide notices in accordance with the current contract. The Department is not aware of any notices. Contractors interested in submitting a Reply are encouraged to exercise due diligence.

Physical Plant and Maintenance: The ITN notes Gadsden Correctional Facility was built in 1994. Could FDC share details about any deferred maintenance, major capital improvements, or notable facility conditions likely to need attention under Sections 4.9–4.10 of the draft contract?

No capital improvements are anticipated. Please see Section

4.4 – 4.10 of the draft Contract.

Historical Data and Contract Background: Can FDC share historical per diem costs, prior performance concerns, or data on significant operational challenges at Gadsden (e.g., staff turnover, contraband rates)?

Historical payment information can be viewed in the Florida Accountability Contract Tracking System.

https://facts.fldfs.com/Search/ContractSearch.aspx

Emergency Response Plan: Under Section 5.24.4, the draft contract requires the Contractor to develop an emergency plan. May we adopt FDC’s existing emergency plan or related policies for continuity and shared resources? Or should the Contractor create a separate plan aligned with FDC’s standards?

Yes, FDC’s existing emergency plan may be used upon the Department’s approval.

Staffing Pattern: Because Social Purpose Corrections has not previously operated Gadsden (unlike MTC or CoreCivic), could we receive a copy of the current or

Staffing patterns are proprietary to the current Contractor. The mandatory site visit was the opportunity for the on-site https://facts.fldfs.com/Search/ContractSearch.aspx

Question Number Question Answer historically accepted staffing patterns to guide our planning? If not available, will we be permitted a thorough on-site operational review to develop our staffing plan?

operational review. The confidential information shared will assist in developing the staffing plan.

Site Plan: For planning purposes, can the Department provide a general facility site plan or layout (including building locations, movement flows, camera coverage, etc.) for use during our ITN response preparations?

See the site plans in the confidential site.

Baseline Clarification (7% Savings): Under §957.07, F.S., what is the operational cost baseline used to confirm the required 7% savings?

See the Revised Attachment E.

Monthly Deductions & Approvals: Section 4.10 deducts $47,232.76 monthly for the Major Maintenance & Repair Reserve Fund. Based on the past five years, how often do repair/replacement requests exceeding $5,000 typically occur?

2019-20 FY=3

2020-21 FY=8

2021-22 FY=5

2022-23 FY=4

2023-24 FY=5

Certified / Critical Complement / Mission Critical: In Section 1.9, staff categories like “critical complement” and “mission critical” are mentioned. Could FDC elaborate on these designations (e.g., do they reflect mandatory post coverage, licensing requirements, or job codes)?

See procedure 602.030 for security staff categories.

Overtime Costs & Caps: What are Gadsden’s annual overtime expenditures, and how does FDC enforce the limit on part-time corrections officers (Section 5.24.6.6)?

Has the incumbent historically exceeded these caps, and under what circumstances?

Bi-weekly reports from the timekeeping system is submitted to the Department to detail the total number of hours worked by part-time correctional officers. No exceptions have been granted for part-time correctional officers. The estimated annual overtime expenditure cost is $1.3 million.

Healthcare Costs: The draft contract requires covering all off-site/inpatient hospitalization costs. Could FDC share average monthly expenditures and typical off-site medical transport usage?

The average healthcare cost is $7,451.08.per visit.

The average off-site medical transport usage is $1,000.00 monthly.

Hospitalization Costs: To better understand the potential costs associated with off-site medical care, could the Florida Department of Corrections provide data on the

The average annual hospital admissions that exceed 72 hours is six (6).

Question Number Question Answer number of hospital admissions annually that resulted in inpatient stays exceeding 72 hours? Additionally, if available, can you provide any associated cost data or average expenditures for these extended hospitalizations?

The average hospital cost associated with extended hospitalizations is $13,139.00

Nonprofit Eligibility & Social-Purpose Model: If philanthropic funding or grants are used to expand programs, does the Contractor require pre-approval from FDC before implementing them?

Yes.

Draft Contract, p. 3, Section 1.2, Definitions. ACA Standards or Standards. Throughout the Draft Contract there are several references to FDC standards, Administrative Rules, Operating Standards, laws, court orders, regulations and other requirements.

A.) Will the Department separate "ACA Standards” and

“Standards,” keeping the definition for ACA Standards and creating a new definition for Standards?

b.) Will the Department agree to include a new definition of Standards in Section 1 that includes, but is not limited to, the compliance requirements that are listed in Section 5.1, General Duties: the terms of the contract, including the RFP and all Attachments and Exhibits, applicable federal, state and local laws, court orders, policies, Health Services Bulletins, the operational plan to clarify that modification to the new definition of Standards are eligible for adjustments to compensation in accordance with Section 7.3?

Yes, see the added definitions in Attachment A.

Draft Contract, p. 8, Section 1.63, Transfer Agreement.

The Inmate Profile Table in the Exhibit B Draft Transfer Agreement states “Numbers and Categories below will track those agreed to in the procurement document by FDC and OMS.” The procurement document does not

See the updated transfer agreement in the link that was provided for the confidential information.

Question Number Question Answer include the numbers and categories. Will the Department please provide the numbers and categories?

Draft Contract, p. 8, Section 3.2, Renewal Term. Please confirm that renewals will be negotiated by mutual agreement.

Unless Florida statutes require otherwise, see Section 12.12 of the Revised Draft Contract. For example, the Florida statute referenced in Attachment A, Section 3.2, limits renewal terms.

Draft Contract, p. 8, Section 3.2, Renewal Term. This section says that the renewals will be at the price indicated in the Price Sheet. Invitation to Negotiate (ITN) page 29, provides that the Respondent’s proposed pricing shall apply to the initial term and any renewal term. Will the Department allow Contractor an opportunity to submit new proposed pricing for consideration for renewal terms?

Legislative approval will be required for pricing consideration See Sections 3.2, 3.6.3, 7.1.1, 7.5, 7.6, and 12.24 of Attachment A -- the Revised Draft Contract.

Draft Contract, p. 8, Section 3.3, Initial Transition Period, p.

9, 3.5, Final Transition Period. And p. 96, Section 12.4., Transition. Will the Department confirm that Section 3.3 refers to the transition at the beginning of the contract if the incumbent is not the Contractor and that Sections 3.5 and

12.4 refer to the transition upon expiration or termination of the contract to the FDC or a successor vendor?

Confirmed.

Draft Contract, p. 11, Section 4.2, Possession of State- Owned Furnishings and Equipment. The first sentence of the section refers to the Design/ Build Agreement which is not defined by or incorporated into the contract. Will the Department agree to revise this sentence to read as follows:

“On the Services Commencement Date, the Department shall grant Contractor exclusive use and possession, subject to the terms of this Contract, of the state-owned furnishing and equipment defined on Attachment B to the ITN, as modified during the term of the contract in accordance with Sections 4.2, 4.3 and 4.4.” 2 Alternatively, will the Department please provide the comprehensive list of FF&E under the Design/Build Agreement?

See Section 4.2 of the Revised Draft Contract.

Question Number Question Answer

Draft Contract, p. 12, Section 4.4, Replacement Inventory.

Will the State excuse the Contractor for not replacing items within 60 days if the Contractor can demonstrate that it made a good faith effort to make the replacement, and through no fault of the Contractor, the replacement of the item was delayed?

Proof of actions taken to replace inventory will ensure Contractor avoids a non-performance event.

Draft Contract, p. 12, Section 4.6 Contractor Property. Will the Department revise the last sentence of the provision to read, “Any additional equipment purchased by Contractor during the term of the Contract and designated by Contractor as available for purchase, may be purchased by the Department at the conclusion of the Contract at Contractor’s cost less depreciation.”

See Section 4.6 of the Revised Draft Contract.

Draft Contract, p. 13-14, Section 4.9, Maintenance. The last sentence says maintenance is the Contractor’s sole responsibility; however, the prior sentence notes the Department’s responsibility for maintenance as provided in

4.10. Will the Department revise the last sentence to clarify that the responsibility of Contractor for maintenance is subject to the Department’s responsibility in Section 4.10?

This change will not be made.

Draft Contract, p. 14, Section 4.10, Maintenance and Repair Reserve Fund. Should the references to Sections 4.9.1 and

4.9.2 be 4.10.1 and 4.10.2 respectively?

Yes, see the Revised Draft Contract.

Draft Contract, p. 15, Section 4.10.2.4. Will the Department revise the first sentence to state “A minimum of three (3) quotes from separate unrelated service contractors except in case of emergency maintenance, repairs or replacements.”

This change will not be made. However, a CONTRACTOR may submit justification for Department consideration explaining why three (3) quotes could not be obtained.

Draft Contract, p. 15, Section 4.10.2.7, Maintenance and Repair Reserve Fund. This provision requires Contractor to provide three (3) years of preventative maintenance records when a request for reimbursement of maintenance

The Contract with the current Vendor requires the transfer of all necessary records, including maintenance records.

Question Number Question Answer costs that exceed $5,000 is submitted. If the Contractor is not the incumbent and does not have access to the 3 years of preventative maintenance records, will the Department accept maintenance records for the period during which the Contractor has operated the facility? If not, will the State provide historical records Contractor would not have access to?

Draft Contract, p. 17, Section 5.2.1, Fiscal Operations. This Section provides that the Contractor must utilize the FDC established contract for inmate communications. However, Section 5.5.7, Operation of the Privately Operated Institutions Inmate Welfare Trust Fund (POIIWTF) states that the Contractor may utilize the FDC established contracts for revenue generating services including, but not limited to, [. . .] inmate telephone, and multimedia kiosks/tablets. Will the Department clarify whether the Contractor is required to utilize the FDC established contract for inmate communications?

Yes, the Contractor must utilize the FDC contract for inmate communications.

Draft Contract, p. 18, subsection 5.5.5, Operation of the Privately Operated Institutions Inmate Welfare Trust Fund (POIIWTF). Is the data that is required by this monthly report 3 the same data that would be included in the annual report that is required under subsection 5.5.3.?

Yes, the data is the same.

Draft Contract, p. 18, subsections 5.5.5 and 5.5.6, Operation of the Privately Operated Institutions Inmate Welfare Trust Fund (POIIWTF) and p. 28-29, subsection 5.26.4, Inmate Commissary and Vending Services. These subsections conflict with respect to when the monthly reports of deposits and expenditures are due. Sections

5.5.5 and 5.5.6 require reports to be submitted by the 15th of the month for the previous month’s expenditures while Section 5.26.4 requires the report by the 10th of the month

See Revised Draft Contract Section 5.26.4; the date was changed to the 15th.

Question Number Question Answer but does not specify that such report include the previous month’s expenditures. Please clarify that the reports required by all three sections are due by the 15th of the month for the previous month’s expenditures.

Draft Contract, p. 18, Section 5.6. Auditing of Trust Accounts. And p. 19, Section 5.7. Financial Reporting.

Section 5.6. requires the entire results of the audit be submitted to the Department by October 1st, while Section

5.7.1.1 and 5.7.1.2. require the respective reports not to be filed later than July 31st. Will the Department change the deadlines under 5.7. from July 31st to October 1st consistent with Section 5.6?

See Revised Draft Contract Sections 5.7.1.1 and 5.7.1.2; the dates were changed to October 1.

Draft Contract, p. 19, Section 5.9, ACA Accreditation.

“CONTRACTOR shall apply for accreditation no later than sixty (60) days after the Service Commencement Date and achieve ACA accreditation of the Facility within twelve (12) months after CONTRACTOR applies to the ACA for accreditation.” The ACA prefers that a new facility demonstrate 12 full months of compliance prior to conducting an initial accreditation audit. In addition, accreditation does not occur at the time of the audit.

Accreditation is received only after an audit and the associated panel hearing is completed (panel hearings occur twice per year – in January and August). Will the State agree that the Contractor will have eighteen (18) months to obtain accreditation, in order to schedule the initial accreditation audit shortly after the initial 12 months and then be able to complete the panel hearing?

See Section 5.9 of the Revised Draft Contract.

Draft Contract, p. 21, Section 5.12, Orientation of Inmates.

The document/policy in this link:https://www.fbi.gov/file-repository/cjis_security_policy_v5- 9_20200601.pdf/view is from 2020. If private entities are no longer allowed access

Section 5.12 requires Contractor to conduct background screenings of inmates, visitors, volunteers, and subcontractors.

The CJIS Security Policy can be found at https://le.fbi.gov/cjis-division/cjis-security-policy-resource-center. The department https://le.fbi.gov/cjis-division/cjis-security-policy-resource-center https://le.fbi.gov/cjis-division/cjis-security-policy-resource-center

Question Number Question Answer to the NCIC, is this necessary since 5.45.5.3. Criminal History Check provides for FDLE to do the NCIC at contractor’s expense?

conducts the background screenings specified in section

5.45.5.3 of Attachment A.

Draft Contract, p. 22, Section 5.14, Release of Inmates.

CONTRACTOR shall release inmates in compliance with the FDC’s policy pertaining to release and the requirements of Rules 33-601.501-503, F.A.C., which establishes the procedure to be followed in providing a discharge gratuity and travel to eligible inmates upon their release.

CONTRACTOR shall follow procedures which are substantially identical to those in Rules 33-601.502-503, F.A.C., and make payment from its fund to eligible inmates.

The FDC, shall not reimburse CONTRACTOR for discharge gratuity payments made. The funds for this should be incorporated into the per diem rate.

A) Will the State provide the Contractor with an approximate/ estimated number of inmates released per month from the Gadsden Correctional Facility?

b) Will the State provide the dollar amount that is required for the Discharge Gratuity payment, and estimated/typical travel costs per inmate release?

a) An average of 25 inmates are released per month at the 1,250-contract population.

b) Rule 33-601.502, Florida Administrative Code, identifies the discharge gratuity amount. The average monthly expenditure for travel costs is $847.00.

Draft Contract, p. 29, Section 5.28, Remote Access to Facility's Camera System. What Department staff members currently have remote access to the Facility's camera system? How do these Department staff members gain remote access?

Staff based in Tallahassee need remote access to the Contractor’s Camera System.

Draft Contract, p. 29, Section 5.29.6, Rights, Duties and Responsibilities Related to FDC's Office of the Inspector General, Access, Cooperation, Investigation, Audit, Review, or Inspection. This section requires that the Inspector General is notified concerning employee criminal arrests, charges and indictments within 48-hours after the

Yes, see Section 5.29.6 of the Revised Draft Contract.

Question Number Question Answer event. Because the Contractor will not always know of employee or staff arrests or indictments within 48-hours, will the Department agree to revise this section to provide that the Contractor must make notifications within 48-hours of the Contractor’s knowledge of such?

Draft Contract, p. 29-30, Section 5.29.8, Rights, Duties, And Responsibilities Related to FDC's Office of the Inspector General, Access, Cooperation, Investigation, Audit, Review, or Inspection (Prison Rape Elimination Act [PREA] Audits and Investigations).

a.)Will the State take responsibility for organizing and contracting the audit, and conducting corrective action related to PREA audits? If so, is there a set fee or cap for costs, and is the contractor responsible to pay those costs? How is the contractor involved in the PREA audit process?

b.) Does the State recognize that the contractor has administrative investigation responsibilities for PREA allegations? This is separate and aside from the criminal investigation, which is conducted by the State OIG's office. If no, who conducts the administrative investigation and how is this managed at audit time in respect to PREA standard 115.71 and 115.73?

See procedure 602.053 for PREA responsibilities.

Draft Contract, p. 31, Section 5.30.5.1, Dental/Substance Abuse/Physical/Mental Health Services. "Approval authority for any and all contracts rests solely with the Department." Please clarify what contracts this refers to.

See Section 5.30.3.1 of the Revised Draft Contract.

Draft Contract, p. 37, Section 5.30.20.4, Staffing of Health Care Professionals and p. 75-76, Section 5.45.8, Contractor Staffing Requirements. These sections allow the Department final approval of all staff.

A.) See Sections 5.45.5 through 5.45.11 of the Revised Draft Contract.

Question Number Question Answer a.) Will the Department provide detailed information on the process required for obtaining approval, including the specific guidelines that would disqualify an applicant from being approved?

b.) What are the expectations regarding the timeline for this process, considering our time-to-hire requirements?

c.) Will the Department provide Contractor a written basis as to why staff was not approved?

B.) Staff employed under the current contract have been cleared. New hires can take up to ten business days from the date fingerprints are submitted.

C.) The written response is approved or denied only.

Draft Contract, p. 37, Section 5.30.20.6. To avoid unnecessarily excluding candidates who are otherwise qualified and consistent with an existing contract for private correctional facility operations, will the State agree to modify the first sentence of this subsection so that the sentence reads as follows: "The Contractor shall employ only those persons having appropriate Florida licensure and certifications."

This change will not be made.

Draft Contract, p. 37, Section 5.30.20.7, Staffing of Health Care Professionals. Requires fingerprints and NCIC checks of healthcare staff. Please confirm that this is covered by Section 5.45.5.3, Criminal History Check where FDLE does this at the Contractor's expense.

Confirmed.

Draft Contract, p. 43, Sections 5.31.8.6, 5.31.8.7 and 5.31.8.8, Physical Health Services. All instances of "Facility" do not refer to Gadsden. Please revise the instances of "Facility" in this section that should be lowercase since they refer to locations other than Gadsden.

See Sections 5.31.8.6, 5.31.8.7, and 5.31.8.8 of the Revised Draft Contract.

Draft Contact, p. 44, Section 5.32.3.1, Dental Health Services. Are "workdays" the same as business days as defined in Section 1.8? If not, please clarify.

Yes.

43 Draft Contract, p. 54-55, Section 5.33.58, Encounter Form.

Should the first two sentences be combined? Yes, see the Revised Draft Contract.

Question Number Question Answer

44 Draft Contract, p. 60, Section 5.35.4, Laboratory Services.

Is there language missing from the first sentence? See the Revised Draft Contract.

Draft Contract, p. 60. Section 5.37. This section refers to the inmate participation requirements in Exhibit F, Staffing Pattern. Please confirm that this should be a reference to the inmate participation requirements in Section 5.35 instead of Exhibit F, Staffing Pattern.

See the Revised Draft Contract. The Contract has been updated to delete Exhibit F, Staffing Pattern, and add Section 5.38.1.

Draft Contract, p. 62, Section 5.37.3.2.1-5.37.3.2.4 and 5.37.4.7, Inmate Programmatic Services. Will the Department provide the missing dollar amounts in the aforementioned sections?

The dollar values will be added once the per diem certification is final.

Draft Contract, p. 68, Section 5.38.2.5.5, Enhanced In- Person and Post-Release Recidivism Reduction Program Plan. This section states that the "Contractor shall provide this program as set forth in Exhibit I, Enhanced In-Person and Post-Release Recidivism Reduction Program Plan.

The program requires additional program staff, revised/expanded program curriculum integrated with select post-release assistance in the areas of transitional housing, employment, education and aftercare treatment.

Contractor shall coordinate with FDC to access offender recidivism results at one (1) year, two (2) year, and three

(3) year intervals following offender release." Exhibit I does not contain the information about the Post-Release Program. Will the State provide the Exhibit or Attachment that describes the requirements for this program?

The Enhanced In-Person and Post-Release Recidivism Reduction Program is a Management and Training Corporation program through the legislative project proposal process. The section will not apply to another Contractor.

Draft Contract, p. 72, Section 5.45.3.1, Vacancies. Will the Department agree to revise the fifth sentence of this section to read as follows to clarify that vacancy deductions only apply after the vacancy period has expired: "After the vacancy allowance period expires, positions not filled with permanent employees, contracted staff or covered with

This change will not be made.

Question Number Question Answer overtime shall incur vacancy deductions until the position is filled."

Draft Contract, p.75, Section 5.45.3.1, Vacancies. This section requires the contractor to exercise due diligence to attempt to fill any vacant security and non-security position within thirty (30) calendar days after the date upon which the position becomes vacant.

a.) What step in the hiring process stops the 30-day clock for filling a vacancy?

b.) This requirement may cause an excessive use of waiver requests. Will the Department agree to increase the time to fill a vacancy to at least 45 days to minimize the use of waiver requests?

A.) The candidate is approved by the Department based on the results of the criminal history check.

B.) No. The waiver is used for contracted staff only.

Draft Contract, p. 75, Section 5.45.7, Criminal History Check. Will the State agree to revise the third sentence of this section to read as follows to only limit employees from working at the same facility where a close friend or relative is housed: “The Contractor shall not hire an employee who has close friends or family members under the care, custody, or control of the FDC at the Facility or a contracted private prison operator without written permission, in writing, by the Contract Manager.”

This change will not be made.

Draft Contract, p. 75, Section 5.45.7, Contractor Staffing Requirements. This section requires pre-employment screening to include "references, organizational affiliations." Does verification of education, employment history, certifications and licenses satisfy this requirement?

If not, would the Department be more specific on what satisfies a preemployment reference or review of organizational affiliations?

Yes, verification of education, employment history, certifications and licenses satisfy the requirement.

52 Draft Contract, p. 76, Section 5.45.10, Criminal History Check. Consistent with the revision requested at Section This change will not be made.

Question Number Question Answer

5.29.6 (No. 21. above), will the Department agree to change this section to require the Contractor to notify the Department within 48-hours of the Contractor becoming aware of employee arrests, charges or convictions?

Draft Contract, p. 77, Section 5.49.1, Monitoring and Evaluation and p.96, Section 12.2, Books and Records.

These sections provide that the State will have access to the Contractor's records relating to the Facility. Please confirm that such access includes access as necessary to monitor contract compliance but does not include access to the Contractor's non-public or proprietary information, including financial records that are not publicly available.

Access includes all information in the Contractor’s possession required to monitor the contract.

Draft Contract, p. 79, Section 6.2, Subcontractors. Please confirm that the written request requirements apply only for major subcontracts to provide entire service areas such as food service, medical or maintenance and not smaller vendor contracts, such as pest control or copier services.

All subcontracts not included in the response to the ITN require a written request for Department approval.

Draft Contract, p. 80, Section 6.2, Subcontractors.

Consistent with an existing contract for private correctional facility operations, will the State agree to revise the first sentence of the first complete paragraph on this page to read as follows: "Contractor shall competitively procure all subcontracts with the intention to maximize competition and ensure the greatest savings possible for the state, unless exempted by the Contract Manager based on a reasonable business case, including but not limited to the existence of a national vendor contract or emergency circumstances."

This change will not be made.

Draft Contract, p. 81, Section 6.3.4, Personnel. Requires 5% monthly random drug testing for "certified staff" rather than all staff. Will the State please identify what positions are considered "certified staff?"

Security staff certified as correctional officers by the Florida Department of Law Enforcement.

Question Number Question Answer

Draft Contract, p. 83, Second Section 7.1.1, Management Payment.

a.) Should there be two sections numbered 7.1.1?

b.) Should the reference to Section 10.11 instead be a reference to Section 7.4?

c.) Should the reference to Section 5.46 instead be a reference to 5.45.3 Vacancies?

d.) Should the reference to Section 5.40 instead be a reference to 5.37.4.8?

a.) No. See the Revised Draft Contract.

b.) Yes. See the Revised Draft Contract.

c.) Yes. See the Revised Draft Contract.

d.) No. See the Revised Draft Contract; revised to reference 5.37.3.2.

Draft Contract, p. 85-86, Section 7.4, Adjustments Due to Partial Performance. Please confirm that if Contractor cannot cure the issue in twenty (20) days, that Contractor can have up to forty-five (45) days as provided in Section

10.4 to correct the nonperformance and to submit a corrective action plan for avoiding future non-performance

Additional time to correct nonperformance is subject to approval by the Department.

Draft Contract, p. 85-86, Section 7.4, Adjustments Due to Partial Performance. Not all occurrences of non-performance in each of the four service areas will carry the same value. Will the Department agree to revise the subsections regarding each of the four service areas to reflect that the amounts reflected represent the maximum credit amounts that may be assessed and that any credit taken will be consistent with the severity of the failure?

This change will not be made.

Draft Contract, p. 85-86, Section 7.4, Adjustments Due to Partial Performance. This section provides in part that "The opportunity to avoid the credit adjustment by correcting the non-performance and submitting a corrective action plan shall not apply in the event of successive or repeated non-performances of the same nature." Because of the long-term nature of this contract, will the Department agree to some period of time after which a recurrence will not be counted as a successive event that precludes the

The Department will agree to disregard all prior notices at the start of a renewal term.

Question Number Question Answer opportunity to avoid the credit adjustment? For, instance, would the Department agree to limit the period for successive events to 18 months (a recurrence that happens after 18 months is counted as a new occurrence)? Or would the Department agree to disregard all prior notices of non-performance after 24 months or with the start of a renewal term?

61 Draft Contract, p. 86, Section 7.4.3, Service Area Three.

Please define Operating Standards. See the Revised Draft Contract.

Draft Contract, p. 92, Section 10.2.3, Contractor Breach.

Should the reference to Section 5.21, Inmate Grievance Procedure, be a reference instead to Section 5.9., ACA Accreditation?

Yes. See the Revised Draft Contract.

Draft Contract, p. 92-93, Section 10.5, Remedy of FDC.

Should the reference to Section 12.6 Copies of Tax Documents be a reference instead to Section 12.4.

Transition?

Yes. See the Revised Draft Contract.

Draft Contract, p. 93, Section 10.10. This section provides the Department the right to terminate the contract for convenience upon ninety (90) days written notice. Will the Department agree to make this provision mutual, allowing Contractor to terminate for convenience upon ninety (90) days written notice as well?

The Department is willing to negotiate this term. The vendor should submit a Reply calculating the current termination timeframe.

Draft Contract, p. 97, Section 12.6, Copies of Tax Documents. Should the reference to Section 12.7.

Reimbursable Expenses, be a reference to Section 12.5.

Taxes, Liens, and Assessments?

Yes. See the Revised Draft Contract.

Draft Contract, p. 97, Section 12.7, Reimbursable Expenses. Should reference to Section 12.3 be a reference to Section 12.2 and should reference to Section

12.8 be a reference to Section 12.6?

Yes. See the Revised Draft Contract.

Question Number Question Answer

ITN, p. 18, Section 3.13. This section requires Contractor to pay subcontractors within seven (7) business days after receipt of payment from the Department in accordance with Section 287.0585 F.S. The statute further provides that this requirement does not apply "when the contract between the contractor and subcontractors or subvendors provides otherwise, or when payments under the contract are otherwise governed by ss. 255.0705-255.078." Please confirm that this statutory exception is applicable to the resulting Contract.

Confirmed.

ITN, p. 28, 5th full paragraph. The language reads "Exhibit K – Quarterly Performance Measures and Deliverables, are attached for Respondent’s review and information only." In the awarded contract, will the deliverables in Exhibit K follow identically with the required deliverables in Draft Contract, p. 64-65 Section 5.38.2. Program Plan?

Yes, unless otherwise negotiated.

My Florida Market Place (MFMP), Registration and ITN, p.

30, Section 3.32.3, Price Sheet Instructions. Will any of the exemptions under Rule 60A-1.031, F.A.C. apply such that the Contractor will not be required to pay the Transaction Fee that is specified in Section 7d of PUR 1000? If no exemptions apply, please confirm that the MyFloridaMarketplace fee is excluded from the benchmark per diem required by 957.07 F.S. and that Contractor's proposed per diem that complies with 957.07 F.S. can be increased to include the fee such that the final billable per diem would be the Contractor's proposed per diem that complies with statue 957.07 F.S. + 1% fee.

The executed contract is not subject to the MFMP transaction fee.

Tour. Will the State provide following information to determine physical plant expenses:

a.) All utility bills for the last 24 months.

See the attached documents for a) – l) in the confidential site.

g) The NLEF fence was installed in 2006 and locking control system manufacturer is Montgomery Technologies.

Question Number Question Answer b.) All fire suppression inspections for the last twenty-four

(24) months and the 5- year internal inspections.

c.) All fire alarm system inspections for the past twenty-four (24) months.

d.) Food Service Hood Inspections for the past twelve (12) months.

e.) Generator Inspections for the past twelve (12) months.

f.) Fuel Tank Inspections for the past twelve (12) months.

g.) Age of the perimeter detection and locking controls systems and the manufacturer(s).

h.) Water tower/tank inspections for the past twenty-four

(24) months, if applicable.

i.) Hot water heater and boiler permits.

j.) Storm Water permit.

k.) Age and condition of sewage grinders, augers, conveyors, bar screens, and pumps systems.

l.) A list of physical plant equipment currently offline or in need of repairs.

h) The water tower is owned and maintained by the city of Quincy. Lift station backflow test report is attached.

j) There is no storm water permit.

k) The entire system was refurbished in August 2020 and an auger was added at that time.

l) One Roof-Top air conditioning unit for F dorm is pending repair.

Tour. Will the State provide verification/certification from the current operator that all physical plant equipment and systems have been maintained in accordance with manufacturer requirements for the past three (3) years?

Yes, in accordance with Sections 4.9 and 12.4 of the Revised Draft Contract, maintenance records will be provided in the event of a transition to another party.

Tour. Are there dedicated Exam Rooms in the Medical Unit? If so, how many designated Exam Rooms are there?

Is there running water (a sink) in each Exam Room?

Yes, there are four dedicated Exam Rooms that contain running water.

Tour. Is the perimeter detection system in good working order? Does the State have any testing data for the perimeter fence detection?

In accordance with Sections 4.9 and 12.4 of the Revised Draft Contract, maintenance records will be provided in the event of a transition to another party.

Tour. Will the State confirm that there is a functioning monitoring system and ante room for Negative Air Pressure cells? Does the State have any testing data for the Negative Air Pressure cells?

No monitoring system or anteroom into negative pressure cells.

See attached testing data.

Question Number Question Answer

Tour. Does the State have any recent or historical State or Local Fire Marshal audits, reports, reviews that they can share?

See attached.

Tour. Will the State confirm that the kitchen equipment is in good working order? If there is any equipment that is not in good working order, will the State please provide a list of what needs to be repaired, replaced and/or is not operational?

All kitchen equipment that is not in good working order is current pending replacement or repair from the current Contractor.

Tour. Please provide a list of what vocational training equipment, if any, will remain at the facility for the Contractors use.

See Attachment B inventory. All items with the owner as the Department of Management Services and Inmate Welfare Trust Fund will remain at the Facility.

Tour. Will the State provide a list showing the current staff vacancies by position? On the list, will the State specifically note which positions have been vacant for over forty-five (45) days?

See the attached copy of the most recent vacant position deduction report.

Tour. It was noted during the tour that a dormitory was offline due to construction. Will all 1,544 beds be online by the contract start date of July 1, 2026? If not, please confirm that the 90% of 1,544 bed guarantee will remain in effect as outlined in the ITN for the duration of the contract.

Yes, all 1,544 beds will be online by the contract start date of July 1, 2026.

Tour. Please provide a list of on-going or scheduled major maintenance repairs or equipment to be replaced through the Major Maintenance Fund.

No major repairs are scheduled at this time.

ITN-24-052 Section 1.3 - Page 4 Would FDOC consider incorporating an annual CPI adjustment for each contract year, contingent upon legislative appropriations?

No. Per diem adjustments must be Legislatively approved.

Please see Section 12.21 of the Draft contract.

ITN-24-052 Section 1.3 - Page 4 Would FDOC consider incorporating an annual per diem adjustment for each successive two-year renewal period?

No. Per diem adjustments must be Legislatively approved.

Please see Section 12.21 of the Draft contract.

Question Number Question Answer

ITN-24-052 Section 3.32.3 - Page 30 Section 3.32.3 of the ITN states: “The Blended Per Diem cell shaded in blue on Attachment C - Price Sheet, must meet or exceed the seven percent (7%) savings required by Chapter 957, F.S. (i.e., the price must not exceed the highlighted Per Diem established at the bottom of page six

(6) of Attachment E – Operating Per Diem Certification, of this ITN) to be considered responsive to this solicitation.”

However Attachment E states, “The Department will release Attachment E – Operating Per Diem upon its release from the Auditor General’s Office.” Could FDOC please specify when this information will be released?

Additionally, will the maximum per diem to be provided already reflect the 7% savings required by Chapter 957, F.S., or will respondents need to calculate the savings when determining the proposed per diem?

See the Revised Attachment E.

Attachment A – Draft Contract Section 4.10 - Page 14 Please clarify if there are there any anticipated capital projects or equipment upgrades that FDOC is expecting during the performance period that will be the responsibility of the contractor? If so, could FDOC please provide an estimated cost to these expenditures.

No capital projects are anticipated.

Attachment A – Draft Contract Section 5.30.21- Page 37 The draft contract states that the Contractor shall be responsible for all costs related to the infrastructure and training needs at the facility to implement EMR. Does the department foresee any changes to the current infrastructure or training needs. If so could you please provide a detailed list of these items and costs associated with them if possible.

No changes are foreseen.

Question Number Question Answer

Exhibit B – Transfer Agreement - Page 1 The provided transfer agreement reflects a total population of 1,250 inmates, whereas the draft contract and ITN indicate a total population of 1,544. Please confirm if the transfer agreement is accurate or if an update is required.

Confirmed. All 1,544 beds will be online by contract start date of July 1, 2026.

Form 9 – Vendor Certification Forms This form includes a column titled “Customer Indicator.” Is the contractor expected to fill out this column, or will the Department fill it out at a later time.

The Contractor is expected to complete this form.

Reply Bond 3.28.4 - Page 24 As this is an electronic response, can you confirm the reply bond should be mailed to the Procurement Officer Sharita Newman at the address listed on page 7 of 37?

Confirmed.

3.28.1- Page 24 Would you like financial statements included in a specific tab, or should they be uploaded into section 3.5 within the business network?

Financial Statements should be included in Section 3.5.

3.4 - Page 14 Would you like a substitute W-9 submitted with the ITN response?

No.