FDC ITB-25-070 Addendum 1 QA Final.pdf

Responses to Written Questions

FDC ITN-25-070

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

ITN-25-070 - Addendum 001

ADDENDUM #001

Solicitation Number: FDC ITB-25-070

Solicitation Title: Operation and Management of Contractor-Operated

Correctional Facilities- Lake City Correctional Facility

Bids due by: May 30, 2025 at 2:00 p.m.

Addendum Number: 001

Addendum Date: May 16, 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

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

Change No. 3

FORM 12 – Reply Bond, 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

Question Number Questions Answers

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 revised Attachment E.

In Attachment A, Section 1.4 states “AMU: Administrative Management Unit: A general population housing status where an inmate is placed in a highly structured environment to promote the safety and security of inmates, staff, and the public, or the security and good order of an institution. Placement in an AMU is the consequence of an inmate’s inability to live within an institutionalized setting without abusing the rights and privileges of others by committing or instigating others to commit violent, disruptive, predatory, or riotous actions, or an inmate’s behavior that poses a threat to the security of an institution.”

Will FDC please provide the percentage of the population that will be AMU inmates? Since Graceville has both cellular and dormitory-style housing, will FDC please confirm that the AMU program will be limited to the celled housing units?

The percentage will vary depending on the number of inmates being placed in the AMU program, but it could be up to the number of secured cells not designated as confinement.

Confirmed. AMU inmates will be housed in secure housing cells.

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.

See Section 8.1 of the revised Draft Contract.

Question Number Questions Answers

Can FDC please clarify why this language is not applicable?

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 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”?

The Statewide Law Enforcement Radio System is scheduled to transition to the P25 Phase 2.0 system in the second quarter of 2026.

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 4.10 states “On the first (1st) day of each month, the Department shall deduct one-twelfth (1/12) of $801,526.11 from the Contractor’s monthly invoice and transfer said amount to the Maintenance and Repair Trust Fund. This equates to $66,793.84 per month.”

Will FDC please confirm the accuracy of the proposed deduction amount? How much is currently in the Maintenance and Repair Trust Fund overall for contracted facilities? How much is allocated for Graceville?

Confirmed.

Historically, an appropriation of $1.5M was approved for all seven private facilities. During FY 24-25, an additional $3.7M was provided. The intent is to ensure $5M is available each fiscal year.

An allocation is not specifically identified for Graceville. Projects are approved based on requests submitted, prioritization of the request, and funds available.

In Attachment A, Section 4.10.1 states “CONTRACTOR is still responsible for the initial $5,000.00 for any maintenance, replacement, refurbishment, upgrade or repair. However, costs in excess of $5,000.00 should be

Confirmed.

Question Number Questions Answers submitted in advance for approval as described in sections

4.10.1 through 4.10.2 below.”

Will FDC please confirm that the Contractor will be responsible for anything up to $5,000 and anything beyond $5,000 would be submitted as a request under the MMRF?

In Attachment A, Section 5.1.1 states “Pursuant to Chapter 957.04(1)(f), F.S., CONTRACTOR may propose a waiver of a particular FDC rule, policy, or procedure that is inconsistent with the mission to establish and maintain cost-effectiveness at the Facility.”

Are there waivers currently in place at Graceville? If so, what are they?

There are currently four (4) waivers. The details are sensitive/exempt and will not be listed.

In Attachment A, Section 5.2.1 states “The CONTRACTOR may utilize the FDC established contracts for revenue-generating services, including, but not limited to, canteen/commissary, package programs, and vending. The CONTRACTOR must utilize the FDC established contract for inmate communications.”

Section 5.5.7 states “The Contractor may utilize the FDC established contracts for revenue generating services including, but not limited to, canteen/commissary, package programs, inmate telephone, vending, and multimedia kiosks/tablets.”

Will FDC please clarify the services for which the Contractor is required to use FDC established contracts?

Contractor is required to use the FDC contract for inmate communication.

In Attachment A, Section 5.28 “Contractor shall provide remote access…to view the facility camera system” Does the Facility camera system currently have the capability to provide remote access? If not, will this requirement be removed/waived by FDC?

Central Office employees will need access. There is not currently access. This requirement will not be waived.

Question Number Questions Answers

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 FDC’s 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 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?

No, the facility should arrange transfer in accordance with Exhibit B, Transfer Agreement, to accommodate appropriate level of care. FDC will not reimburse this cost.

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 provided in the confidential site.

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 current practice is for CHO to complete an assessment within 48 hours or the next working day if admission was on

See Section 5.31.8.7 of the Revised Contract.

Question Number Questions Answers a weekend or holiday. Will FDC please clarify if this 48-hour period excludes weekends and holidays?

In Attachment A, Section 5.33.30 states “A minimum of one hour per week shall be devoted to direct face-to-face clinical supervision with each behavioral specialist and/or in accordance with guidelines of the Chapter 490 and 491, F.S., Boards.”

There is no longer a requirement for the one hour per week face-to-face clinical supervision outlined in HSB

15.11.01. The HSB now states, "Compliance with

supervisory agreements and supervision for individuals with a Provisional License or who are a Registered Intern is required in accordance with Chapter 491, F.S." Will FDC please confirm that the new HSB language is applicable to this contract requirement?

Yes. See the Revised Draft Contract.

In Attachment A, Section 5.33.55 states “The mental healthcare provider shall legibly document each entry using only a black ballpoint pen. The provider stamp shall be used following each entry.”

This section refers to the mental health provider legibly documenting in ink and physically stamping the document, where current FDC contracts typically require all documentation to be in the EMR.

an FDC please clarify that entries should be made into the

EMR?

Confirmed. See the Revised Draft Contract.

In Attachment A, Section 5.38.2 describes the deliverables that must be provided related to inmate program participation, as outlined by FDC. FDC also provided a curriculum of programs specifically designed for the AMU

Confirmed.

Question Number Questions Answers population, labeled as “Description of AMU Programming Provided by the Department”.

During the Site Visit at Jackson CI, it was noted that the AMU program was being provided by an FDC contractor.

Will FDC please confirm that the successful contractor will be responsible for providing the programming to the AMU population at Graceville?

In Attachment A, Section 5.49.3 states “In addition to monitoring, the performance of CONTRACTOR may be evaluated by comparing CONTRACTOR’s operations with similar state correctional institutions.”

Will FDC please specify the facility to which Contractors would be compared?

The comparison facility is Martin CI.

Many current FDC contracts include “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 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.”

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

Question Number Questions Answers

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

Form 12 – Reply Bond references ITN number ‘FDC-ITN- 24-070’.

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

See Revised Form 12 – Reply Bond.

During the mandatory site visit, it was noted that the current operator has converted one (1) wing of A Dorm into SHU beds.

Can FDC confirm this is a permanent change? If so, will FDC please confirm these expanded confinement beds will be part of the 1,884 beds included in the ITN?

Yes. Confirmed.

During the site visit, it was noticed that a temporary chiller plant was being used and every dorm had fans or temporary AC units.

How long has the HVAC system been down, what is the problem with it, and when is it expected to be fully operational?

The chiller has been down since May 2023, and it is no longer operable or repairable. A replacement chiller should be installed by the end of May 2025.

During the site visit, not all cameras appeared to be working.

How old is the camera system? How many interior and exterior cameras does the facility have and where are they located. Further, are all cameras currently functioning?

The PELCO DVR is approximately 20 years old, with some newer components that are approximately 2 to 3 years old.

There are 98 interior and 76 exterior cameras located throughout the facility.

Approximately 7 cameras are not functioning currently.

During the site visit, the Food Service area appeared to have drainage issues.

What is the age of the Food Service flooring? Has there been any repair work or request for repairs for the drainage in the Kitchen in the last 24 months?

The food Service floor is approximately 18 years old.

Yes.

24 Please confirm if all security electronics, including perimeter detection systems, door control panels, etc. are currently Confirmed.

Question Number Questions Answers operational and functioning properly? If not, please provide a list of which areas are not working.

25 Please provide a copy of all rooftop inspections for the last 12 months. See the requested documents in the confidential site.

How old is the fire detection system? Is it fully functional.

Please provide a copy of all Fire Marshal inspections in the last 24 months.

Approximately 18 years old.

Yes, the system is fully functional.

See the requested documents in the confidential site.

27 Please provide a copy of all food service State of Florida Health inspections for the last 24 months. See the requested documents in the confidential site.

In the last 5 years, have any projects been requested and denied or deferred? If so, please provide a list. What Maintenance and Repair Trust Fund projects have been completed recently? What is still pending?

Yes, the following list identifies the number of projects that were denied:

FY 2020-2021 – 1

FY 2021-2022 – 1

FY 2022-2023 – 4

FY 2023-2024 – 5

FY 2024-2025 – 2

The following projects were completed in the prior fiscal year:

Griddle replacement Kitchen and laundry boiler replacement Steam kettle replacement E-dorm emergency generator

The following projects are pending:

Kitchen serving line replacement Chiller replacement Phase I roof replacement (dorms C and D and the education support building)

Question Number Questions Answers

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

Confirmed.

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.

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?

Financial Statements should be included in Section 3.5.

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 and 12.24 of the Draft Contract.

33 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 and 12.24 of the Draft Contract.

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.

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.

Enhanced In-Prison and Post-Release Recidivism services are considered value-added services and would be handled as a cost reimbursement.

Question Number Questions Answers

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 revised Attachment E.

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

37 Please confirm the service commencement date is correct.

The current contract does not end until August 31, 2026. See Section 1.55 of the revised Draft Contract.

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 or equipment upgrades are currently anticipated.

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 to the EMR.

40 Section 5.38.2.5.5 references Exhibit I, Enhanced In- Person and Post-Release Recidivism Reduction Program See Section 5.38.2.5.5 of the revised Draft Contract.

Question Number Questions Answers

Plan. However, in the INT documents provided Exhibit I refers to the transition plan. Please clarify.

It is assumed that all radios currently in use are owned by the incumbent contractor, as stated in Exhibit B of the ITN.

With the implementation of the Project 25 radio project, will any newly purchased radios under this initiative remain under the ownership of the incumbent contractor or will they owned by FDOC?

Two base stations, six handheld radios, and six mobile units are owned by the state.

Could FDOC please confirm that the items listed in the attachment are to be included in the operational per diem and that the associated costs are to be borne by the contractor? Additionally, if these items are procured by the contractor, will they be considered the property of the contractor? Finally, could FDOC clarify the minimum number of each item in order to be considered sufficient to

FDOC?

Yes, the contractor will incur the associated costs.

Yes. See Section 4.6 of the revised Draft Contract.

The Mandatory Site Visit was the opportunity to review the compound layout and assist you in determining the amount of security equipment required for AMU. Additional information regarding security equipment requirements and AMU-specific security equipment has already been provided (Refer to form NI1-012 and FDC’s document on AMU Security Equipment Requirements).

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

A) Yes, the Draft Contact was revised.

B) Yes, the Draft Contact was revised.

Question Number Questions Answers 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?

Draft Contract, p. 8, Section 1.62, Transfer Agreement. The Inmate Profile Table in the Exhibit B Draft Transfer Agreement, p. 1-2. Will this inmate profile table be the same inmate profile table that will apply to the resulting contract?

Yes.

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. The Invitation to Negotiate (ITN), p. 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, 7.1.2, 7.5, 7.6, 10.8, and 12.24 of the revised Draft Contract.

Draft Contract, p. 9, 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:

See Section 4.2 of the revised Draft Contract.

Question Number Questions Answers

"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?

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. 12-13, 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 revised Section 4.6 of the revised Draft Contract.

Draft Contract, p. 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. 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

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

Question Number Questions Answers separate unrelated service contractors except in case of emergency maintenance, repairs or replacements."

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 Contractor 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 p. 18, 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 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. 29, subsection

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

Question Number Questions Answers

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.

Draft Contract, p. 19, 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 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

See Section 5.9 of the Revised Draft Contract.

Question Number Questions Answers accreditation audit shortly after the initial twelve (12) months and then be able to complete the panel hearing?

Draft Contract, p. 20, 5.10.2, Classification and Assignment of Inmates. Beginning on the Services Commencement Date, inmates shall be assigned to the Facility by the FDC at a rate not to exceed capacity of the Facility in accordance with the following: (5.10.2.1) Adult male minimum, medium, and close custody security level; the inmates transferred by the FDC shall represent an Administrative Management Unit (AMU) population of the adult male minimum, medium, and close custody inmate population, the majority will be close custody inmates."

a.) What is the expected population for the AMU program?

What percentage of the population will be an AMU population?

b.) How many units, including the number of beds, will be designated for the AMU program?

c.) Will the current "open dorms" be designated for an AMU population?

d.) Will the expanded Restrictive Housing Unit (RHU) remain as part of the new AMU program?

a) Percentage will vary dependent on number of inmates being placed in AMU program but could be up to the number of secured cells not designated as confinement.

b) There are four secure cell dormitories that will be utilized with up to approximately 1,480 beds.

A Dorm – 400-beds total (104 beds for confinement) B Dorm – 400-beds C Dorm – 400-beds E Dorm – 384-beds

Wings 1 and 4 of A Dorm, B Dorm and C Dorm have 104-beds each. Wings 2 and 3 of A Dorm, B Dorm, C Dorm, and all four wings of E Dorm have 96-beds each.

c) The open bay dormitory will not be utilized as AMU.

d) Yes.

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?

See Section 5.12 of the Revised Draft Contract.

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

a) An average of approximately 21 inmates are released per month.

Question Number Questions Answers 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 Graceville 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?

April 2024 – 35 May 2024 – 32 June 2024 – 18 July 2024 – 28 August 2024 – 18 September 2024 – 12 October 2024 – 23 November 2024 – 26 December 2024 – 30 January 2025 – 23 February 2025 – 20 March 2025 - 20

b) Rule 33-601.502, Florida Administrative Code, specifies the discharge gratuity amount. The average cost per inmate is $73.64.

Draft Contract, p. 23, Section 5.24.1, Security. "Contractor shall provide security services designed for preventing escapes, maintaining order, providing care, custody, control, supervision and management of the inmate population to include management of the AMU population."

a.) Does the facility currently have the infrastructure for the specialized AMU population (e.g., adequate, secure segregation areas; secure showers; secure recreation space)? If not, does the State have plans to "harden" the facility prior to the mission change of the facility for the AMU population?

b.) Please confirm the Department will cover all costs for the necessary physical plant changes and make the needed upgrades.

c.) What is the expected staffing ratio for the AMU population?

a) Modification to the infrastructure is under review.

b) Confirmed.

c) The FDC does not use ratios to calculate its security staffing, and recommends using the Staffing Analysis Workbook for Jails published by the National Institute of Corrections as a guide.

However, the current AMU security staff to inmate (dorm capacity) ratio for Jackson CI is approximately 1:4.16. It should be noted that this ratio includes the application of the Department’s funded relief factor of 0.660 to those security posts operating on 8.5-hour shifts. This ratio only accounts for AMU housing staff and the other ancillary security posts that directly support the AMU mission. This ratio does not account for the security posts it takes to support typical institutional operations.

Question Number Questions Answers d.) Will there be specialized training for the staff who work with the AMU population? If so, will this training be conducted by the State, or is it the responsibility of the Contractor? If the latter, will the State please provide the curriculum?

d) Restrictive Housing courses are the only specialized training requirement for AMU. The courses listed in the 2024-2025 Master Training Plan are FDC-078 Restrictive Housing, FDC- 044 Incarceration Confinement Management & Mental Health, FDC-228 Crisis Intervention, and FDC-009 Suicide Prevention and Intervention. See Section 6.4 of the revised Draft Contract for responsibility relating to training.

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. 30, 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.) Procedure 602.053 identifies the "PREA Coordinator" as responsible for organizing audit efforts, but it does not

See procedure 602.053 for PREA responsibilities.

Question Number Questions Answers define whether it is referring to the Contractor's PREA Coordinator or the Florida DOC PREA Coordinator.

i. Will the State take responsibility for organizing and contracting the PREA audit? If so, is there a set fee or cap for costs, and is the Contractor responsible to pay those costs?

ii. If the DOC is going to be organizing these efforts, how is auditor selection and payment handled? Is the contractor responsible for managing any portion of the PREA audit process (e.g., contracting, opening audit with DOJ, pre-onsite, onsite, or corrective action)?

b.) Section 10(a), p. 10, of Procedure 602.053 appears to indicate that the Contractor would only be responsible for administrative investigations if directed to conduct one by the OIG.

i. Does the State recognize the Contractor has administrative investigation responsibilities for all PREA allegations?

ii. When the facility is audited for PREA compliance with

115.71 and 115.73, is the Contractor responsible for producing administrative investigations for all PREA incidents, or is this also a function of OIG, apart from the criminal investigation they conduct?

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. 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 Questions Answers 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, Staffing of Health Care Professionals. 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. This section 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 Graceville Correctional Facility.

Please revise the instances of "Facility" in this section that should be lowercase since they refer to locations other than Graceville 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 1.9? If not, please clarify.

Yes.

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

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

Question Number Questions Answers

Draft Contract, p. 60. Section 5.37, Inmate Programmatic Services. 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 5.38.1 instead of Exhibit F, Staffing Pattern.

See the revised Draft Contract.

Draft Contract, p. 62 & 63, Section 5.37.3.2.1-5.37.3.2.4 and 5.37.4.7.7, 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. 64, Section 5.38.1, Program Plan. The participation requirements outlined in Attachment A state "Behavioral - Ninety percent (90%) or one thousand six hundred ninety-six (1,696) inmates." In Attachment H, Current Facility Inmate Programmatic Services Plan, the Behavioral Plan Type states "Behavioral programs funded by the management payment are provided to 24% of the overall inmate population." Will the State please clarify if this means that the Contractor will provide the programs to ninety percent (90%) of the population, and twenty-four percent (24%) of those programs will be paid for through the Management Payment and the remaining (66%) will be paid from the POIIWTF?

The participation requirements outlined in Section 5.38.1 should be included in the per diem and would be paid through the Management Payment.

Draft Contact, p. 68, 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.

See Section 5.38.2.5.5 of the Revised, Draft Contract.

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

This change will not be made.

Question Number Questions Answers vacancy allowance period expires, positions not filled with permanent employees, contracted staff or covered with overtime shall incur vacancy deductions until the position is filled."

Draft Contract, p.72, Section 5.45.3.1, Contractor Staffing Requirements. 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, Criminal History Check. 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.

Question Number Questions Answers

Draft Contract, p. 76, 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 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?

See Section 5.29.6 of the Revised Draft Contract.

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.

85 Draft Contract, p. 82, Section 6.3.4, Personnel. This section requires 5% monthly random drug testing for "certified staff"

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

Question Number Questions Answers rather than all staff. Will the State please identify what positions are considered "certified staff?"

Draft Contract, p. 81, Section, 6.3.2, Personnel. Will the Department agree to add the language that, "Commencing at the beginning of a post, Contractor may have a 1 to 3-hour grace period to fill critical post vacancies. Contractor will not be assessed an adjustment for non-performance per

7.4. for vacancies during such grace period."

No, this change will not be made.

Draft Contract, p. 84, 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 5.37.3.2?

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. 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 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. 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…