FDC ITB-25-069 Addendum 1 QA Final.pdf

Responses to Written Questions

FDC ITN-25-069

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

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ADDENDUM #001

Solicitation Number: FDC ITB-25-069

Solicitation Title: Operation and Management of Contractor-Operated

Correctional Facilities- Bay Correctional Facility

Bids due by: May 16, 2025 at 2:30 p.m.

Addendum Number: 001

Addendum Date: May 2, 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

FORM 12 – Reply Bond, is hereby revised and replaced in its entirety.

Change No. 3

Attachment E – Operating Per Diem is hereby revised and replaced in its entirety.

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

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Question Number Question Answer

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 Sections 12.21 and 12.24 of the Draft contract.

2 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 Sections 12.21 and 12.24 of the Draft contract.

Please confirm that the Enhanced In-Prison and Post- Release Recidivism services should be considered value-added services, and therefore handled on a cost-reimbursement basis.

The Enhanced In-Prison and Post-Release Recidivism services is a Management & Training Corporation (MTC) program through a legislative project proposal process. This does not apply to another Contractor. The services are considered value-added services and handled as a cost-reimbursement.

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?

Yes, the Revised Attachment E reflects the 7% savings requirement.

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.

6 The draft contract states that the Contractor shall be responsible for all costs related to the infrastructure and No changes are foreseen.

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Question Number Question Answer 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.

Section 5.38.2.5.5 references Exhibit I, Enhanced In- Person and Post-Release Recidivism Reduction Program Plan. However, in the INT documents provided Exhibit I refers to the transition plan. Please clarify.

See Section 5.38.2.5.5 of the revised Draft Contract.

Please confirm the Monitoring fee is correctly stated in the draft contract there is a difference between the current contract and the Draft Contract.

See revised Draft Contract.

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.

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.

11 Would you like a substitute W-9 submitted with the ITN response? No.

In Attachment A, Section 1.13.2.1 states “Section 8.g.

does not apply to this Contract.”, in reference to Exhibit A, PUR 1000. Section 8.g of PUR 1000 establishes Limitation of Liability for claims made against the Contractor under the contract.

Can FDC please clarify why this language is not applicable?

See Revised Draft Contract section 8.1.

In Attachment A, Section 4.5 Replacement of Life Safety Related Inventory states “From time to time, certain pieces of equipment or parts of a facility’s inventory will have to be replaced completely or updated to accommodate or adhere to public safety or life safety requirements. Where changes in the law related to safety, official public safety

Vendors should be familiar with state law requiring Project 25 upgraded communications standards. (See s. 282.709(3), F.S.)

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Question Number Question Answer directives or executive or emergency orders are issued that impact safety, FDC will provide clarity on timelines or implementation plans where time permits. It is the CONTRACTOR’s responsibility to remain up to date on issues of safety and initiate conversations with the Department as changes arise.”

Does FDC have a current timeline or implementation plan regarding life safety equipment?

Will FDC please provide a definition of “life safety” as used in this section?

Can FDC clarify what equipment is considered “life safety equipment”?

Life safety equipment is defined as equipment that is required for the operation of the Facility for public, staff and inmate safety.

In Attachment A, Section 5.10.1 requires Contractors to “…provide suitable office space at the facility for eleven

(11) classification officers as determined by FDC….”

Currently and historically, all classification case management services at Bay are provided by contractor staff with oversight and approval by FDC. Is it FDC’s intention to replace the contractor provided classification staff?

See the Revised Draft Contract.

In Attachment A, Section 5.30.6 outlines responsibility for Medical Services.

The current practice for Hepatitis C treatment is for the Contractor to coordinate and complete testing. Those inmates tested positive are transferred and treated by an FDC facility that is designated to provide Hepatitis C treatment. Will FDC confirm that it intends to continue this practice?

This is not the current practice. The current practice is to follow our policy in HSB 15.03.09, Supplement 3. The Department does not have designated Hepatitis C treatment facilities.

In Attachment A, Section 5.30.8 describes the requirement for Off-site Security for Hospitalization and states “Should the security provided by Contractor continue beyond this

No. These are not cost reimbursable contracts (as is Centurion's); therefore, these costs are a part of their per diem

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Question Number Question Answer period because of the need to provide continuous security, such security shall be provided by Contractor, and reimbursed by FDC.”

If a facility bed is not available pending discharge, and the inmate has to continue in the hospital, will FDC also consider reimbursement of continuous medical hospital stay charges?

In Attachment A, Section 5.30.24 states “CONTRACTOR shall provide a monthly report to the On-Site Contract Monitor containing the following information:”.

Section 5.30.24.1.19 requires reporting on the “Number of inmates in infirmary beds on last day of month.”

Section 5.31.8 describes Contractor requirements for the provision of “Infirmary Care and Hospitalization”.

During the site visit, there was no infirmary identified at the facility.

Will FDC please confirm the presence of an infirmary at the Bay Correctional Facility? If there is no infirmary, will FDC please clarify the infirmary requirements?

Confirmed, Bay CF does not have an infirmary. The Contractor would utilize local hospital care or the transfer agreement for transfer to an appropriate facility.

In Attachment A, Section 5.31.6 requires the Contractor to “…provide a “special medical program” for inmates who require close medical supervision including chronic and convalescent care pursuant to FDC rules, policies, procedures and HSBs.”

Can FDC please define the requirements for services to be included under the “special medical program”?

See HSB 15.03.26.

In Attachment A, Section 5.31.8.7 states “Hospital admissions that arise from emergency situations shall be reviewed by the on-site CHO within forty-eight (48) hours of admission.”

The common practice is for CHO to complete an assessment within 48 hours or the next working day if admission was on a weekend or holiday. Will FDC please

The intent is that the 48 hours does exclude weekends and holidays. Providers typically do not work weekends, but should evaluate the decision to send out ASAP following the weekend.

It might be best to change the language to two business days.

This is not specifically in our policies, but is a practice that Centurion handles through Utilization Management (UM) and Quality Assurance (QA)

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Question Number Question Answer clarify if this 48-hour period excludes weekends and holidays?

In Attachment A, Section 5.38 provides the participation requirements for inmate programmatic services. The subsections present the following figures:

5.38.1.1 Behavioral - 13% or125.

5.38.1.2 Academic - 12% or 120.

5.38.1.3 Vocational - 7% or 72.

5.38.1.4 Substance abuse- 25% or 250.

Based on the 985-bed population, the total numbers do not match the percentages (i.e., 3% of 985 is 128. 12% of 985 is 118. 7% of 985 is 68. 25% of 985 is 246.)

Will FDC please review and provide the correct number for the participation requirements for each category?

See Section 5.38.1 of the Revised Draft Contract.

In Attachment A, Section 5.47 Deliverables reiterates the requirement “To operate a one thousand five hundred forty-four (1,544) bed, adult male, minimum/medium custody level secure correctional facility in accordance with the terms of this contract.”

Will FDC please confirm the total bed count at Bay CF?

Throughout the remainder of the contract, the bed count is provided as 985.

See the Revised Draft Contract.

The prior contracts for Bay included “Notice of Claims” as Section 8.6 and read as follows:

“NOTICE OF CLAIMS. Within five (5) calendar days after receipt by the Department, or of any agent, employee or officer thereof of a summons in any action, or within five

(5) calendar days of receipt by the Bureau or the Department, or of any agent, employee or officer thereof, of notice of claim, the Department or any agent, employee or officer, shall notify Contractor in writing of the

FDC can only commit to what it believes it can, in good faith, accomplish. FDC is the largest state agency in Florida with major facilities across the state. When the clause you reference was included as part of the current contract, the Bureau of Private Prisons was housed at the Florida Department of Management Services where the seven contractor-operated correctional facilities were the only prisons monitored by that agency. The Bureau transferred to FDC in October 2023 where

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Question Number Question Answer commencement thereof. The notice requirement is intended to ensure that Contractor’s defense of the claim is not harmed by failure to comply with the notice requirements. Failure to comply with the notice requirements may result in Contractor’s refusal to indemnify the Department or any agent, employee or officer, but only if such failure to notify results in a prejudice to Contractor, the Department, or any agent, employee or officer. Contractor shall provide the Department similar notice of claims.”

Can FDC please clarify why this language was removed and will it please consider restoring it?

the seven contractor-operated correctional facilities were added to FDC’s portfolio for a total of 135 facilities statewide.

Attachment E – Operating Per Diem will be released by the Department upon its release from the Auditor General’s Office.

Can the State please provide the Operating Per Diem for Attachment E and the comparable state facility used for the comparison?

Since vendor questions are due prior to the release of Attachment E, will vendors have an opportunity to address questions and/or clarifications to the proposed operating per diem calculations?

See the Revised Attachment E.

The deadline for questions ended on April 7, 2025. No additional questions will be answered.

Form 12 – Reply Bond references ITN number ‘FDC-ITN- 25-002’.

Will FDC please provide an updated Form 12 with the correct ITN number listed?

See Revised Form 12 – Reply Bond.

Please confirm that the successful Contractor will be exempt from the MyFloridaMarketPlace (MFMP) Transaction Fee.

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

Will FDC please confirm that Vendors should provide their audited financial statements in an attachment volume under the link for “3.5 Please include any additional documents here” in the Business Network.

Confirmed.

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Question Number Question Answer

Will FDC please confirm that Vendors should provide the required position descriptions referenced in the instructions for Tab C.b.4 in an attachment volume under the link for “3.5 Please include any additional documents here” in the Business Network.

This should be included in Tab C.

What Maintenance and Repair Trust Fund projects have been completed recently? What is still pending?

Recent projects completed include A Dorm compressor replacement and Food Service freezer compressor replacement. No projects are pending currently.

29 Are there plans to repair the air conditioning in the officers’ stations? All roof top units (RTUs) are currently operable.

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?

A) Yes, Attachment A, Revised Draft Contract.

B) Yes, Attachment A, Revised Draft Contract.

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.

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Question Number Question Answer

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 the 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 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."

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.

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

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

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Question Number Question Answer 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?

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. 15, Section 4.10.2.4, Maintenance and Repair Reserve Fund. 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 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?

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

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

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

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Question Number Question Answer 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?

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 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 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.

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

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

See Section 5.9 of the Revised Draft Contract

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Question Number Question Answer 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 twelve (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 twelve (12) months and then be able to complete the panel hearing?

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 to the NCIC, is this necessary since 5.45.5.3, Criminal History Check, provides for FDLE to do the NCIC at the Contractor's expense?

Section 5.12 requires the 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 conducts the background screenings specified in section

5.45.5.3 of Attachment A.

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

This section states that the 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) An average of 25 inmates are released per month.

b) Rule 33-601.502, Florida Administrative Code, identifies the discharge gratuity amount. The average monthly expenditure for travel costs is $50.00.

https://le.fbi.gov/cjis-division/cjis-security-policy-resource-center https://le.fbi.gov/cjis-division/cjis-security-policy-resource-center

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Question Number Question Answer

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

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

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 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?

Yes, see Section 5.29.6 of the Revised Draft Contract.

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? Is the contractor responsible to pay those costs?

How is the contractor involved in the PREA audit process?

See procedure 602.053 for PREA responsibilities.

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Question Number Question Answer 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?

Draft Contract, p. 32, 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 5.30.5.1 of the Revised Draft Contract.

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

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?

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

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.

52 Draft Contract, p. 37, Section 5.30.20.7, Staffing of Health Care Professionals. This section requires fingerprints and Confirmed.

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Question Number Question Answer

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.

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 Bay Correctional Facility. Please revise the instances of "Facility" in this section that should be lowercase since they refer to locations other than Bay Correctional Facility.

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.

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

Should the first two sentences be combined? Yes, 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 5.37 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. 61 & 63, 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 Contact, p. 67, Section 5.38.2.5.5, Enhanced In- Prison and Post-Release Recidivism Reduction Program.

Exhibit I is defined as "Transition Plan Requirements", please provide the Enhanced In-Prison and Post-Release Recidivism Reduction Program Plan exhibit.

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, This change will not be made.

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Question Number Question Answer positions not filled with permanent employees, contracted staff or covered with 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 pre-employment reference or review of organizational affiliations?

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

Draft Contract, p. 75, Section 5.45.10, Criminal History Check. Consistent with the revision requested at Section

5.29.6 (No. 19. above), will the Department agree to

See revised Section 5.29.6 of Attachment A, Revised Draft Contract.

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Question Number Question Answer 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, Monitoring and Evaluation, and p. 95, 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.

Draft Contract, p. 79, 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. This section 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.

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

a) No. See the Revised Draft Contract.

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Question Number Question Answer 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?

b) Yes. See the Revised Draft Contract.

c) Yes. See the Revised Draft Contract.

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

Draft Contract, p. 85, 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 non-performance 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, 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, 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 opportunity to avoid the credit adjustment? For, instance, would the Department agree to limit the period for successive events to 18 months (a

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

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Question Number Question Answer 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?

72 Draft Contract, p. 85, Section 7.4.3, Service Area Three.

Please define Operating Standards. See Revised Draft Contract.

Draft Contract, p. 91, 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 Revised Draft Contract.

Draft Contract, p. 92, 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 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 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 Revised Draft Contract.

Draft Contract, Exhibit B, Transfer Agreement, p.1, Inmate Profile Table. Will this inmate profile table be the same inmate profile table that will apply to the resulting contract?

Yes.

79 ITN, p. 14, Section 3.3, My Florida Market Place (MFMP), Registration and ITN, p. 30, Section 3.32.3, Price Sheet

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

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Question Number Question Answer

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.

ITN, p. 18, Section 3.13, Subcontracts. 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, 4th full paragraph, Inmate Programmatic Services Plan. 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 Section 5.38.2. Program Plan, Deliverables?

Yes. These are the required deliverables provided by the contractor quarterly to FDC.

ITN, p. 33, Section 4.2.1.5, Proposed Transition Plan. This section lists the Department's requirement for service commencement as July 31, 2026. The Draft OM Contract,

p. 7, Section 1.55, Service Commencement Date, states "The date on which the CONTRACTOR shall begin

The Service Commencement Date will take place in July 2026.

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Question Number Question Answer providing operations and management services at the Facility. The Services Commencement Date shall be July 1, 2026, unless a later date is approved as provided for in Exhibit I, Transition Plan Requirements." Will the State please confirm the Services Commencement date is July 31, 2026, as stated in the Draft OM Contract?

Attachment I, Contract Performance Indicator Tool, Number 260. The weapons storage area contains only those weapons, ammunition, chemical agents, and equipment in the type and amounts authorized in the FDC Procedure 602.025 or authorized by written variance from the assistant secretary of institutions. Methodology - Weapons and equipment in storage areas will be checked against approved lists found in FDC Procedure 602.025,

062.026 and written variances. Will the State provide FDC Procedure 602.025 or confirm whether the State requires that the contractor maintain a full armory, or allow flexibility in designing own response program?

Procedure 602.025 was provided with the confidential information.

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

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

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.) All Food Service Hood Inspections for the past twelve

(12) months.

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

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

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

See the attached documents for a) – f) in the confidential site g) 2006 GDI Advanced Protection Solutions See the attached documents for h) – j) in the confidential site k) Sewage grinder – April 2023; Auger – 2003; Bar Screens – January 2023; No conveyor or pump system.

l) No physical plant equipment is currently offline.

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Question Number Question Answer h.) All water tower/tank inspections for the past twenty-four

(24) months, if applicable.

i.) All hot water heater and boiler permits.

j.) The Storm Water permit.

k.) The 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.

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. Please confirm there are three (3) dedicated Exam Rooms each with running water (a sink) in the Medical Unit.

There are four (4) dedicated Exam rooms, three (3) with permanent water lines.

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 whether or not there is a functioning monitoring system and ante room for Negative Air Pressure cells? If yes, does the State have any testing data for the Negative Air Pressure cells?

No, Bay does not have a Negative Air Pressure cell.

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

See the attached document on the confidential site.

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 is currently operational.

91 Tour. Will the State provide a list showing the current staff vacancies by position? On the list, will the State

See the most recent vacant position deduction report in the confidential site.

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Question Number Question Answer specifically note which positions have been vacant for over forty-five (45) days?

92 Tour. Will the State provide a list of any maintenance projects, either planned or pending, for the Facility?

No pending or planned maintenance projects are currently foreseen.

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 currently scheduled.

Tour. Attachment H - Current Facility Inmate Programmatic Services Plan lists the the programs funded by the management payment or those funded by the Privately Operated Institutions Inmate Welfare Trust Fund

(POIIWTF)."

a.) Will the State provide the funding end-date for the Programs listed on Attachment H as currently funded by the IWTF?

b.) Will the State provide a list of equipment, supplies, inventory and materials that are currently in use at the Facility that have been purchased with POIIWTF funds for the Programs listed on Attachment H?

c.) Will the State confirm that Programs currently in operation, along with any existing equipment/supplies/inventory and materials purchased/paid for under the POIIWTF, will stay with the Facility for use under the new contract?

d.) What Programs, currently funded by POIIWTF, will the State require to be provided under the new contract?

e.) Please provide a list of what vocational training equipment, if any, will remain at the facility for the Contractors use under the new contract.

a) The funding end-date for IWTF is June 30 unless otherwise stated in a mutually agreed amendment.

b) See Attachment B inventory for IWTF equipment

c) See Sections 4.2, 4.3, and 4.4 of the Revised Draft Contract.

d) See Section 5.5.1 of the…