FDC ITB-25-071 Addendum 1 QA Final.pdf

Responses to Written Questions

FDC ITN-25-071

Operation and Management of Contractor-Operated Correctional Facilities- Lake City Correctional Facility

ITN-25-071 - Addendum 001

ADDENDUM #001

Solicitation Number: FDC ITB-25-071

Solicitation Title: Operation and Management of Contractor-Operated

Correctional Facilities- Lake City Correctional Facility

Bids due by: May 23, 2025 at 2:00 p.m.

Addendum Number: 001

Addendum Date: May 9, 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]

Correctional Facilities - Lake City Correctional Facility

Question Number

Questions Answers

The ITN references the housing of inmates 17 and under. Is it intended for the facility to be used for juvenile detention, or would all inmates 17 and under be minor offenders who have been charged and convicted as adults?

All inmates will have been convicted and adjudicated as adult offenders.

How many inmates 17 and under are currently housed at the facility? On average, how many inmates 17 and under have been housed at the facility over the past 5 years?

None currently.

There have been no inmates seventeen (17) and under housed at LCCF within the past 5 years.

What is the average number of suicide watch patients per month?

The average is one to two (1-2) per month.

What is the average number of patients on medications monthly?

An average of approximately 109 inmates per month.

What is the average number of patient consults per month?

An average of approximately 15 inmates per month.

6 What type of body alarm system is currently being used? The manufacturer is Ciscor.

7 Who owns the body alarm system currently being used? The State owns the body alarm system.

8 How old is the current body alarm system? The computer system is approximately 4 years old.

Please provide the work orders on the body alarm system for the past 12-24 months.

The PBA system/devices are maintained by security staff and there are no associated work orders.

Is the body alarm system currently working throughout the facility?

The system is currently operational.

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

The Contractor is expected to complete this form.

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.

Question Number

Questions Answers

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

No.

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

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.

If the Enhanced In-Person and Post-Release Recidivism Reduction Program is offered, it would be value-added services and handled on a cost-reimbursement basis.

Section 3.32.3 of the ITN states: “The Blended Per Diem cell shaded in blue on Attachment C - Price Sheet, must meet or exceed the seven percent (7%) savings required by Chapter 957, F.S. (i.e., the price must not exceed the highlighted Per Diem established at the bottom of page six (6) of Attachment E – Operating Per Diem Certification, of this ITN) to be considered responsive to this solicitation.” However Attachment E states, “The Department will release Attachment E – Operating Per Diem upon its release from the Auditor General’s Office.”

Could FDOC please specify when this information will be released?

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

See the Revised Attachment E.

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

Please provide utility expense data (quantities and dollars) for the previous 24 months for all utilities (electricity, natural gas, propane, water, sewer, etc).

The total spent on utility expenses was $2,227,601.37 for the past 24 months.

Question Number

Questions Answers

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.

Please provide the average daily population per month for the previous 12 months.

The average population has been 859 inmates during the previous 12 months.

April 2024 – 874 May 2024 – 882 June 2024 – 867 July 2024 – 852 August 2024 – 841 September 2024 – 848 October 2024 – 859 November 2024 – 857 December 2024 – 845 January 2025 – 845 February 2025 – 859 March 2025 - 883

How many inmates receive Religious Dietary Program (RDP) meals on average each month for the last 6 months?

No inmates have participated in/received an RDP meal within the last 6 months.

How many inmates receive therapeutic diets on average each month for the last 6 months?

Only two inmates received a therapeutic diet in the last 6 months.

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.

No changes are foreseen.

Question Number

Questions Answers

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.

Section 5.28.2.5.5 of the Revised Draft Contract.

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? If it is the responsibility of the contractor to purchase radios that are equipped to the requirements of Section 5.52 could FDOC please provide an estimated cost of the radios to be in compliance with Project 25?

No radios will remain at the facility. See Sections 4.5 and 4.6 of the Revised Draft Contract. Estimated costs can be obtained from L3Harris Technologies Customer Advocate Keith Gaston at 904-860-6787 or by email at Keith.Gaston@L3Harris.com.

Section 7.1.1.4.3 requires the contractor to be responsible for any property taxes or Payment in Lieu of Taxes (PILOT) fees at each of the facilities. Please provide any expected payments or fees, applicable during the contract term. Additionally, Please provide the amount of any property taxes or PILOT fees paid in the most recent 24 months at each of the facilities.

The Legislature appropriated a Payment in Lieu of Taxes (PILOT) of $90,236.00 for the 2023-2024 and 2024-2025 fiscal years.

Section 7.4 of the draft contract notes credits for partial performance based on the specified schedule included in sections 7.4.1 to 7.4.4. Please provide historical credits for partial performance assessed for the most recent 12 months.

From April 2024 until April 2025, a total of $374,000 was assessed.

29 Please provide a copy of Attachment B in Excel format. See attachment.

Please confirm the total number of housing units at the facility.

There are 16 housing units at the facility.

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

See Section 8.1 of the revised Draft Contract.

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Questions Answers

Limitation of Liability for claims made against the Contractor under the contract.

Can FDC please clarify why this language is not applicable?

In Attachment A, Section 1.29 states “Facility: The inmates assigned will include those inmates 17 years of age and under.”

Florida Statue 958.04 Judicial disposition of youthful offenders states the below:

(1) The court may sentence as a youthful offender any person: (a) Who is at least 18 years of age or who has been transferred for prosecution to the criminal division of the circuit court pursuant to chapter 985.

Will inmates under the age of 18 be housed in Lake City?

Can FDC please provide the annual average number of inmates 17 years of age or under that have been housed at Lake City in the last 5 years?

How many inmates, under the age of 18, does FDC intend to house at the facility with the new contract?

Yes.

Zero.

Approximately 55-70 inmates, seventeen (17) and under.

In Attachment A, Section 5.37.4.6 states “The 17 and under population shall receive daily large-muscle exercise.”

Will FDC please define and provide examples of large-muscle exercise? What is the required time limit for “daily” exercise?

See PREA standard 115.14.

§ 115.14 Youthful inmates.

(a) A youthful inmate shall not be placed in a housing unit in which the youthful inmate will have sight, sound, or physical contact with any adult inmate through use of a shared dayroom or other common space, shower area, or sleeping quarters.

(b) In areas outside of housing units, agencies shall either:

Question Number

Questions Answers

(1) maintain sight and sound separation between youthful inmates and adult inmates, or

(2) provide direct staff supervision when youthful inmates and adult inmates have sight, sound, or physical contact

(c) Agencies shall make best efforts to avoid placing youthful inmates in isolation to comply with this provision. Absent exigent circumstances, agencies shall not deny youthful inmates daily large-muscle exercise and any legally required special education services to comply with this provision.

Youthful inmates shall also have access to other programs and work opportunities to the extent possible.

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….”

Do FDC staff currently provide all classification case management services at Lake City? If so, how many positions does FDC provide? Please confirm that there is currently space available in the Facility for 11 FDC classification officers.

See section 5.10.1 of the Revised Draft Contract.

No. One (1) FDC classification representative is assigned to the Facility.

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-Twenty-four percent (24%) or three

(300) hundred inmates

5.38.1.2 Academic-Nineteen percent (19%) or two

hundred forty (24) inmates

5.38.1.3 Vocational-Seven percent (7%) or ninety (90)

inmates

5.38.1.4 Substance Abuse-Twenty-four percent (24%) or

three hundred fifty (300) inmates”

See Section 5.38 of the Revised Draft Contract.

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Based on the 893-bed population, the total numbers do not match the percentages (i.e., 24% of 893 is 215; 19% of 893 is 170; 7% of 893 is 63.)

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

In Attachment A, Section 4.10 states “On the first (1st) day of each month, the Department shall deduct one-twelfth (1/12) of $472,729.95 from the Contractor’s monthly invoice and transfer said amount to the Maintenance and Repair Trust Fund. This equates to $39,394.16 per month.”

Will FDC please confirm the accuracy of the proposed deduction amount?

Confirmed

In Attachment A, Section 4.10 states “CONTRACTOR is still responsible for the initial $5,000.00 for any maintenance, replacement, refurbishment, upgrade or repair” 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?

Confirmed.

In Attachment A, Section 5.1.1 states “Pursuant to Chapter 957.04(1)(f) the 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 for the facility.”

Are there any waivers currently in place at Lake City?

Yes. There are currently 12 waivers in place. Nine waivers relate to exempt procedures. The non-exempt procedure waivers are:

Library services supervision degree requirement adheres to ACA Standards.

A prepackage kosher meal is served to RDP participants.

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Jackets and thermal underwear are issued to outside work squads only.

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 5.57 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?

Yes, the Contractor must utilize the FDC contract for inmate communications. See Section 5.5.7 of the Revised Draft Contract.

In Attachment A, Section 4.11 states “representatives shall have access at all times…remote access, where installed, to any video or other surveillance.”

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?

The Contractor will be required to provide access to FDC employees at Central Office. This will not be waived.

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.”

Which FDC facility would we be compared to?

The comparable FDC facility includes, but is not limited to, Lancaster Correctional Institution.

Do the inmates participate in the child nutrition program?

Will this be required with the new contract?

No.

No.

Question Number

Questions Answers

, How many SHU beds does the facility have and where are they located?

There are 102 cells for confinement located in D, E, and H dorms.

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 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.”

See Section 5.31.8.7 of the Revised Contract.

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The current 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 clarify if this 48-hour period excludes weekends and holidays?

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.”

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

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.

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?

Financial Statements should be included in Section 3.5.

Will FDC please confirm that Vendors should provide the required position descriptions referenced in the

This should be included in Tab C.

Question Number

Questions Answers 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?

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.

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.

The deadline for questions ended on April 11, 2025. No additional questions will be answered.

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?

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.

Life safety equipment includes fire extinguishers, fire suppression, fire alarm system, exit signs, emergency lighting, fire doors, eye wash stations, respirators, etc.

Question Number

Questions Answers

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

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

In Attachment A, Sections 5.38 and 5.39 outline the requirements for the provision of Inmate Programmatic Services and Program Plan.

The FDC website for Lake City Correctional Facility includes the following information:

Extended Day Program In response to Chapter 958, Florida Statutes, mandating that those inmates who are youthful offenders be provided enhanced program services, the Extended Day Program was developed. This is a 16-hour daytime program provided at all youthful offender institutions that is designed to provide at least 12 hours of activities. The program is structured to include work assignments, education, including vocational and academic programs, counseling, behavior modification, military style drills, systematic discipline and other programmatic opportunities aimed at reducing inmate idleness and enhancing the young inmate's chance at becoming a law abiding citizen upon re-entry into the community.

Will FDC please provide the curriculum for the Extended Day Program?

See the Extended Day Program Technical Manual in the confidential site.

In the last 24 months, 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. Requests for cell light fixtures and the metal detector were denied.

A boiler heat exchange and sewage pump replacement were completed.

Question Number

Questions Answers

The warehouse/maintenance roof-top air conditioner unit replacement is pending.

Form 12 – Reply Bond references ITN number ‘FDC-ITN- 24-071’.

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

See Revised Form 12 – Reply Bond.

In Attachment A, Section 5.25.1.2.1 states “General Population: CONTRACTOR shall utilize cafeteria style feeding for general population inmates housed at the Facility.”

During the facility site visit, staff were observed loading transport carts with insulated trays which suggests satellite feeding. Will FDC please confirm the intended feeding type?

Confirmed. Lake City CF conducts meal services via satellite feeding. See revised Attachment A, Draft Contract.

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 new HSB language is applicable to this contract requirements?

Yes. See the Revised Draft Contract.

In Attachment A, Section 5.33.50 states “Mental health staff is required to provide psychological evaluations for

The evaluation should be completed by one of the following:

Mental Health Clinician: A Behavioral Health Specialist with an unrestricted Florida License, a Provisional License, or a

Question Number

Questions Answers inmates referred by various program areas or by other correctional entities.”

The language specifies "psychological" evaluations as opposed to "mental health" evaluations. Can FDC please confirm that a Mental Health Specialist can complete these evaluations?

Registered Intern in accordance with Chapter 491, F.S., or a Psychologist with an unrestricted, Florida Psychology License or Provisional Psychology License in accordance with Chapter 490, F.S.

Mental Health Provider: Psychologist, Psychiatrist, or Psychiatric APRN.

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.

Can FDC please clarify that entries should be made into the EMR?

Confirmed. See the Revised Draft Contract.

In Attachment A, Section 5.34 states “CONTRACTOR shall provide sufficient controls over both its contracted and employed physicians/psychiatrists to be able to ensure strict adherence to the FDC’s drug formulary.”

Can FDC please confirm that other licensed prescribers, such as APRNs/PAs, as noted in similar FDC contracts, are allowed to write prescriptions?

Refer to HS 15.11.01 on the confidential site.

In Attachment A, Section 5.35.4 states “A Clinician (ARNP, Physician’s Assistant (PA), Dentist, or Psychiatrist) shall check, initial, stamp and date all laboratory results within an appropriate to screen for

Entries will be made to the EMR.

See the Revised Draft Contract.

Question Number

Questions Answers discrepancies between the clinical observations and the laboratory results.”

Can FDC please clarify that entries should be made into the EMR?

The statement also seems to be missing the word ‘parameters, i.e., "appropriate 'parameters' to screen..." Will FDC please clarify if the section is accurate as written?

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

a.) Will the Department separate "ACA Standards" and "Standards," keeping the definition for ACA Standards and creating a new definition for Standards?

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

Yes, see the Revised Draft Contract.

Draft Contract, p. 6, Section 1.26, Facility. "The inmates assigned will include those inmates 17 years of age and under."

The number is expected to be between 55-70 inmates and is subject to change based on inmates in this age group entering the system.

Question Number

Questions Answers a.) Please provide the number of inmates that are seventeen (17) years of age and under that the State expects to house at the Facility.

b.) Will the State please confirm that the majority of inmates housed at the facility will be aged 18-24.

Confirmed.

Draft Contract, p. 6, Section 1.26, Facility. "The inmates assigned will include those inmates 17 years of age and under."

a.) Does the Department plan to make physical plant changes to accommodate the seventeen (17) years of age and under inmates (e.g., housing and recreation)?

b.) If physical plant changes are planned, what changes will be completed?

c.) Please provide a drawing associated with any planned construction for vendors to use for staffing purposes.

d.) Will the State please confirm that the facility will not be accepting inmates that constitute seventeen (17) years of age and under population until all the physical plant changes have been completed for site and sound separation?

e.) Will the Department cover all costs for the necessary changes, or will the contractor be responsible for the costs?

a) Yes.

b) Space unused currently will be modified to provide programming space for the inmates 17 and under population.

A separate recreation area will be constructed.

c) See the site plan located in the confidential site.

d) Confirmed.

e) The department will incur the costs for the physical plant changes.

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.

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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.

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

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

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

Draft Contract, p. 12, Section 4.6, Contractor Property.

Will the Department revise the last sentence of the provision to read, "Any additional equipment purchased by Contractor during the term of the Contract and designated by Contractor as available for purchase, may be purchased by the Department at the conclusion of the Contract at Contractor's cost less depreciation."

See Section 4.6 of the Revised Draft Contract.

Draft Contract, p. 13-14, Section 4.9, Maintenance. The last sentence says maintenance is the Contractor's sole responsibility; however, the prior sentence notes the Department's responsibility for maintenance as provided in 4.10. Will the Department revise the last sentence to clarify that the responsibility of Contractor for maintenance is subject to the Department's responsibility in Section 4.10?

This change will not be made.

Draft Contract, p. 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. 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

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

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Questions Answers 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?

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 a report includes 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.

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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 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. 21, Section 5.13, Transfer of Inmates.

"The CONTRACTOR will house all male youthful offenders seventeen (17) years of age or younger." This language seems to indicate the facility will house only youthful offenders seventeen (17) years of age and under. Please clarify. Does the above statement mean that Lake City will be the only FDC adult institution housing youthful offenders seventeen (17) years of age and under, or does it mean the facility will only house youthful offenders seventeen (17) years of age and under?

Lake City will house youthful offenders, to include all offenders seventeen (17) and under.

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

Yes, see Section 5.29.6 of the Revised Draft Contract.

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Questions Answers to provide that the Contractor must make notifications within 48-hours of the Contractor’s knowledge of such?

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

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

How is the contractor involved in the PREA audit process?

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

See procedure 602.053 for PREA responsibilities.

Draft Contract, p. 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. 75-76, 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?

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.

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Questions Answers 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?

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

This change will not be made.

Draft Contract, p. 37, Section 5.30.20.7, Staffing of Health Care Professionals. 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 Lake City Correctional Facility.

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

Draft Contract, p. 46, Section 5.38.2.4. Program Plan.

"Substance Abuse (Psycho-Educational Classes, Reactive and Preventive Counseling, Cognitive-Behavior Treatment, and a Therapeutic Community)". Will the State please clarify the specific services they are requesting, See Section 5.37.4.7 of the Revised Draft Contract.

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Questions Answers beyond the levels of care - Prevention, Outpatient, and Aftercare?

Draft Contract, p. 54-55, Section 5.33.58, Encounter Form. Should the first two sentences be combined?

Yes, see the Revised Draft Contract.

Draft Contract, p. 60, Section 5.35.4., Laboratory Services. Is something missing from the first sentence?

See the Revised Draft Contract.

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

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

Draft Contract, p. 62, Sections 5.37.3.2.1. - 5.37.3.2.4., Inmate Programmatic Services and p. 63, Section

5.37.4.7. Substance Education and Treatment Program.

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. See 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 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."

This change will not be made.

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

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

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Questions Answers 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 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?

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

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Draft Contract, p. 77, Section 5.49, 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.

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

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

This change will not be made.

Draft Contract, p. 81, Section, 6.3.2, Personnel. Will the Department agree to add 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."?

This change will not be made.

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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.

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

a.) Should there be two sections numbered 7.1.1?

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

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

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

a.) No. See the Revised Draft Contract.

b.) Yes. See the Revised Draft Contract.

c.) Yes. See the Revised Draft Contract.

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

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

10.4 to correct the…