ITN-22-039 Inmate Money Transfer Services_Final.pdf

Invitation to Negotiate (ITN)

Money Transfer Services

FDC ITN-22-039

Blake McGough Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399

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TABLE OF CONTENTS

TIMELINE

SECTION 1 – DEFINITIONS

SECTION 2 – INTRODUCTION

2.1 Background

2.2 Statement of Purpose

2.3 Procurement Overview

2.4 Resources

2.5 Goals of the Department and the ITN

2.6 Service Implementation and Transition

2.7 Term of Contract

2.8 Pricing Methodology

2.9 Value-Added Services

SECTION 3 – SCOPE OF WORK

3.1 General Description of Services

3.2 Service Areas

3.2.1 Program Management Services

3.2.2 Receipt Processing Services

3.2.3 Fund Disbursement Services

3.2.4 Information Technology and Security Services

3.3 General Reporting Requirements

3.4 Performance Measures

3.5 Financial Consequences

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 General Instructions to Vendors

4.2 Procurement Officer

4.3 Questions

4.4 Special Accommodations

4.5 Alternate Provisions and Conditions

4.6 Reply Bond

4.7 Performance Guarantee/Bond

4.8 Pass/Fail Mandatory Responsiveness Requirements

4.9 Submission of Replies

4.10 Contents of Reply Submittals

4.11 Reply Opening

4.12 Costs of Preparing Reply

4.13 Disposal of Replies

4.14 Right to Withdraw

4.15 Right to Reject Reply Submissions and Waiver of Minor Irregularities

4.16 Addenda

4.17 Reply Evaluation Criteria

4.18 Reply Evaluation and Negotiation Process

4.19 State Licensing Requirements

4.20 MyFloridaMarketPlace Vendor Registration

4.21 Unauthorized Employment of Alien Workers

4.22 Confidential, Proprietary, or Trade Secret Material

4.23 Substitute W-9

4.24 Scrutinized Company Certification

4.25 Disclosure of Reply Submittal Contents

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SECTION 5 – CONTRACT TERMS AND CONDITIONS

5.1 General Contract Conditions

5.2 Travel Expenses

5.3 E-Verify

5.4 State Initiatives

5.5 Subcontracts

5.6 Insurance

5.7 Intellectual Property

5.8 Use of Funds for Lobbying Prohibited

5.9 Safety Standards

5.10 Americans with Disabilities Act

5.11 Employment of Department Personnel

5.12 Legal Requirements

5.13 Conflict of Law and Controlling Provisions

5.14 Prison Rape Elimination Act (PREA)

5.15 Contract Modifications

5.16 Contract Monitoring

5.17 Rights to Examine, Audit and Administer Resources

5.18 Default

5.18 Termination

5.19 Retention of Records

5.20 Indemnification

5.21 Cooperation with the Inspector General

5.22 Cooperation with the Florida Senate and Florida House of Representatives

5.23 Security Requirements

5.24 Disputes

Attachment I – Service Locations

Attachment II - Price Information Sheet

Attachment III – Vendor’s Reference Form

Attachment IV – Vendor’s Contact Information

Attachment V – Certification of Drug Free Workplace Program

Attachment VI – Subcontracting Form

Attachment VII – Security Requirements for Contractors

Attachment VIII – Reply Bond Form

Attachment IX – Pass/Fail Requirement Certification and Non-Collusion Certification

Attachment X - Notice of Conflict of Interest

THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK

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TIMELINE

FDC ITN-22-039

EVENT DATE LOCATION

Release of ITN August 12, 2022 Vendor Information Portal (VIP):

https://vendor.myfloridamarketplace.com/

Last Day for written inquiries to be received by the

Department

August 29, 2022, by 5:00 p.m., Eastern Time

Submit questions to:

Florida Department of Corrections Bureau of Procurement Email: purchasing@fdc.myflorida.com Subject Line Should Read: FDC ITN-22-039

Anticipated Posting of written responses to written inquiries

September 26, 2022 Vendor Information Portal (VIP):

https://vendor.myfloridamarketplace.com/

Sealed Replies Due and Opened

October 11, 2022, at 3:00 p.m., Eastern Time

Replies should be addressed to:

Attn: Blake McGough, Procurement Officer Florida Department of Corrections Bureau of Procurement 501 South Calhoun Street Tallahassee, Florida 32399

Evaluation Team Meeting

October 20, 2022, at 3:00 p.m., Eastern Time

Meeting Location:

Florida Department of Corrections

Bureau of Procurement

501 South Calhoun Street

Tallahassee, Florida 32399

Anticipated Negotiations November 2022 – December

Florida Department of Corrections

Bureau of Procurement

501 South Calhoun Street

Tallahassee, Florida 32399

Anticipated Posting of Intent to Award

January 2023 Vendor Information Portal (VIP):

https://vendor.myfloridamarketplace.com/ mailto:purchasing@mail.dc.state.fl.us

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SECTION 1 – DEFINITIONS

The following terms used in this Invitation to Negotiate (ITN), unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.1 Americans with Disabilities Act (ADA): Legislation which prohibits discrimination based on disability, which can be found in the Code of Federal Regulations (C.F.R.) at 28 C.F.R. Parts 35 (Title II) and 36 (Title III).

1.2 Breach of Contract: Failure by the Contractor to fulfill their obligations under any contract which may result from this ITN.

1.3 Business Day: Monday through Friday, excluding State holidays.

1.4 Business Hours: 8:00 a.m. to 5:00 p.m., Eastern Time (ET), each Business Day.

1.5 Call Center: An office operated by the Contractor intended to provide customer service via telephonic communication, as outlined in Section 3 of this ITN.

1.6 Community Release Center (CRC): A correctional or contracted facility that houses community custody Inmates participating in a community release program.

1.7 Contract: The formal written agreement resulting from this ITN between the Successful Vendor and the Department.

1.8 Contract Compliance Monitoring: An in-depth, comprehensive evaluation conducted annually by the Contract Manager to document the Contractor’s compliance with the terms of the Contract, and to evaluate overall Contractor performance. The frequency of monitoring is at the discretion of the Contract Manager with programs functioning at a satisfactory level being monitored less frequently.

1.9 Contract Manager: The Department’s employee, or his/her designee, responsible for performance oversight and operational management of the Contract. The Contract Manager will be designated in the Contract.

1.10 Correctional Institution (Institution): Any prison or other correctional facility, temporary or permanent, in which Inmates are housed under the custody of the Department.

1.11 Cost Reply: The portion of the Vendor’s Reply relating to costs, which must include the completion of Attachment II, Price Information Sheet.

1.12 Court-Ordered Payment Fund: The network of bank accounts authorized by Section 945.31, Florida Statutes (F.S.), as a repository for court-ordered payments collected by the Department of Corrections.

1.13 Court-Ordered Payment System (COPS): The Department’s system used to track the collection and payment of Offender monetary obligations, such as victim restitution, fines, court costs, the cost of supervision, and electronic monitoring fees.

1.14 Customer: A person(s) utilizing Money Transfer Services from a Department-approved source, including Inmates, Offenders, and their family members and friends.

1.15 Customer Outlet: A source that allows Money Transfer Services to be conducted through a third-party provider.

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1.16 Day: A calendar day, unless otherwise stated.

1.17 Department (FDC): The State of Florida, Department of Corrections.

1.18 Financial Stability: A Vendor having adequate income and capital and the capacity to efficiently allocate resources, assess financial risks, and maintain financial soundness through the term of the Contract.

1.19 Inmate(s): An individual incarcerated by the Department.

1.20 Inmate Trust Fund: A trust operated by the Department to administer money received for the personal use or benefit of Inmate’s and Offenders.

1.21 Interactive Voice Response (IVR): A voice response technology that allows callers to interact with a computer system through the use of voice commands or telephone keypad input.

1.22 Interbank Network: A computer network that enables automated teller machine (ATM) cards issued by a financial institution that is a member of the network to be for ATM transactions through ATMs that belong to another member of the network.

1.23 Mandatory Responsiveness Requirement(s): Terms, conditions, and requirements that must be met by the Vendor to be considered responsive to this ITN.

1.24 Material Deviations: A deviation from the requirements and specifications of this ITN, which the

Department, at its sole discretion, has determined is not in of substantial accord with this ITN, provides a significant competitive advantage to one (1) Vendor over other Vendors, or has a potentially significant effect on the quantity or quality of the services sought, or on the cost to the Department.

1.25 Minor Irregularity: A variation from requirements and specifications of this ITN that does not give the Vendor a significant competitive advantage or benefit not enjoyed by other Vendors, and does not adversely impact the interests of the Department.

1.26 Money Transfer Services: All services outlined in the Section 3 of this ITN, including, but not limited to: receipt processing services; debit card services; and fund disbursement services.

1.27 Offender: An adult person, male or female, under the supervision of the Department for a criminal offense.

1.28 Offender Based Information System (OBIS): The Department’s mainframe-driven electronic database which maintains electronic records on all inmates.

1.29 Prison Rape Elimination Act (PREA): The “Prison Rape Elimination Act of 2003” and related rules. The Act provides for analysis of the incidence and effects of prison rape in federal, state, and local Institutions, and for information, resources, recommendations, and funding to protect individuals from prison rape.

1.30 Reply: A Vendor’s written response submitted as an answer to this ITN.

1.31 Responsible Vendor(s): A Vendor who has the capability in all respects to fully perform the

Contract requirements, and the integrity and reliability that will assure good faith performance

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1.32 Responsive Reply(ies): A Reply, submitted by a Responsive and Responsible Vendor that conforms in all material respects to this solicitation.

1.33 Successful Vendor: The Vendor who receives the award of this ITN and will be performing contractual duties as the prime Contractor under the Contract.

1.34 Technical Reply: The portion of the Reply submitted which includes all documentation submitted by the Vendor, but must not include the Attachment II – Price Information Sheet.

1.35 Value-Added Services: Additional services and commodities the Vendor may offer the

Department, at no additional cost, beyond those services and commodities expressly included in this ITN, which may be unknown to the Department at this time yet meet its overall goals.

1.36 Vendor: A legally qualified corporation, partnership, or other business entity submitting a Reply to the Department in response to this ITN.

1.37 Vendor’s Staff: Employees of the Vendor responsible for management and supervision of the

Money Transfer Services.

1.38 Veteran: A former member of the United States Armed Forces.

1.39 Verified Veteran: An inmate who has provided documentation to the Department as being an honorably discharged Veteran of the United States Armed Forces.

1.40 Warden: The Department employee, or their designee, responsible for the management and oversight of the daily operations of a Correctional Institution.

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SECTION 2 – INTRODUCTION

2.1 Background

As Florida’s largest agency, and the third-largest state prison system in the United States, the Department incarcerates approximately 80,000 inmates, and supervises nearly 145,000 Offenders in the community. The Department’s Office of Institutions manages 143 facilities statewide, including major institutions, annexes, work camps, road prisons, forestry camps, re-entry centers, and Community Release Centers (CRCs). The Department’s Office of Community Corrections monitors and supervises adult Offenders out of 130 offices within 20 judicial circuits.

The Department divides its operations geographically into four (4) regions: Region I (the Panhandle), Region II (North Florida), Region III (Central Florida), and Region IV (South Florida).

Each region has a Regional Director of Institutions who supervises all Wardens in that region and a Regional Director of Community Corrections who supervises all Circuit Administrators in that region.

The Department currently utilizes a third-party contracted provider to:

• receive money for deposit into Inmates’ accounts in the Department’s Inmate Trust Fund

System;

• receive funds for Offenders who are required to pay restitution, court costs, and other fees as a condition of probation;

• provide payment of discharge gratuity and Inmate Trust Fund balances to releasing Inmates using debit card technology;

• provide weekly cash draws to Inmates housed at State-operated CRCs using debit card technology; and

• provide Customer support via Interactive Voice Response (IVR) and live customer service operators in a Call Center.

2.2 Statement of Purpose

The Department is seeking Responsive Replies from experienced and qualified Responsible Vendors to provide Money Transfer Services. Services shall include, but not be limited to: receipt processing services for the Department’s Inmate Trust Fund and Court-Ordered Payment Fund;

deposit services for Customers; payment of discharge gratuity funds; providing Inmate Trust Fund balances to Inmates; and providing weekly cash draws to Inmates housed at Department-operated Community Release Centers (CRCs) using debit card technology. The Department is also seeking a software solution that will replace its current legacy Inmate Trust Fund System.

The Department intends to award one (1) Contract to the Responsible Vendor that offers the best value to the Department. The Department reserves the right to reject any and all Replies to this

ITN.

The Department is seeking Replies from Responsible Vendors having, at a minimum, three (3) years of business and corporate experience relevant to the provision of similar services during the last five (5) years.

2.3 Procurement Overview

The Department is requesting competitive, Responsive Replies from Responsible Vendors to provide the services described herein. The requirements outlined in this ITN are based on the current program, but the Department is seeking innovative solutions from interested Vendors.

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All Vendors submitting a Reply to this ITN are responsible for reading and understanding the specifications and instructions contained herein. Additional information on how services are provided today and anticipated requirements for a new Contract may be found in Section 3, Scope of Work.

2.4 Resources

The Department is providing the following resources for Vendors to develop and propose realistic, innovative solutions, implementation strategies, transition plans, and pricing that best meets the needs of the Department. Vendors are strongly encouraged to review the information found at the following links to gain a comprehensive understanding of the current services.

• Current Inmate Deposit, Release Cash & Court Ordered Payment Services Contract

(C2763):

https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=C2763

• Current FDC Inmate Funds Frequently Asked Questions, on our public website:

http://www.dc.state.fl.us/ci/funds.html

• Current FDC Court-Ordered Payments Frequently Asked Questions, on our public website:

http://www.dc.state.fl.us/cc/copspay.html

• Current FDC Procedures applicable to this ITN: http://www.dc.state.fl.us/business/ITN-

22-039.html

• Current Project Management Office (PMO) Status Report Templates:

http://www.dc.state.fl.us/business/ITN-22-039.html

2.5 Goals of the Department and the ITN

The Department has specific goals for the new Contract which include, but are not limited to, the following:

• Establish a single Contract for the services sought, which ensures efficient service delivery, minimizes the resources required by the Department, and enhances the Customer experience;

• Maximize the value of service provision for the Department and Contract Customers;

• Ensure a smooth transition and continuation of services during implementation of the new Contract;

• Implement innovative solutions to increase transaction security, provide transparency into the flow of funds in and out of the Department’s Institutions, and identify activities associated with criminal networks; and

• Expand the use of modern technology to enhance Money Transfer Services and allow for efficient reporting and compliance monitoring.

2.6 Service Implementation and Transition

The Department intends to execute a Contract with the Successful Vendor shortly after the award of this ITN. The Vendor must have the capability to begin providing services no later than January 1, 2023.

https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=700000&ContractId=C2763 http://www.dc.state.fl.us/ci/funds.html http://www.dc.state.fl.us/cc/copspay.html http://www.dc.state.fl.us/business/ITN-22-039.html

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2.7 Term of Contract

The Contract's initial term shall be five (5) years. At its sole discretion, the Department may renew the Contract for up to five (5) additional years, or portions thereof, per Section 287.057(14), F.S., at the same prices, terms, and conditions. Any renewal shall be contingent, at minimum, on the Successful Vendor’s satisfactory performance of the Contract, as determined by the Department.

If the Department desires to renew the Contract, it will provide written notice to the Vendor no later than 90 Days before the Contract’s expiration.

2.8 Pricing Methodology

The Department is seeking a solution that will provide the best value to the State. As part of the best value determination, interested Vendors must submit a Cost Reply, utilizing Attachment II – Price Information Sheet, along with their Technical Reply. Vendors are encouraged to submit a Cost Reply offering the most competitive and innovative solution for service provision, which maximizes revenue generated and shared with the Department while providing reasonable and fair prices to Customers. The amount of revenue shared with the State will be a consideration in determining the best value. Vendors must provide their Cost Replies per the instructions in Section 4.9, Submission of Replies.

2.9 Value-Added Services

If accepted by the Department, any Value-Added Services offered by the Vendor will become a requirement(s) of the Contract. The Vendor’s Reply should include a detailed description of all Value-Added Services the Vendor is offering the Department, including timeframes for implementation. The Department is interested in any proposed Value-Added Services which would assist it in accomplishing the goals of this ITN.

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SECTION 3 – SCOPE OF WORK

The Successful Vendor shall provide services that meet or exceed the minimum requirements outlined in this ITN, and perform in strict compliance with the finalized requirements of the Contract, including terms and conditions finalized during the negotiation phase of this ITN.

3.1 General Description of Services

The Vendor shall provide Money Transfer Services for Inmates and Offenders. The Vendor shall act in good faith during all negotiations and in the performance of all Contract provisions.

The Vendor shall meet all requirements, and performance measures, and provide all required reports relating to the service areas identified. The service areas include the following:

• Program Management Services;

• Receipt Processing Services;

• Fund Disbursement Services;

• Information Technology and Security Services.

These service areas are discussed in greater detail in Section 3.2 of this ITN.

3.2 Service Areas

3.2.1 Program Management Services

Program Management Requirements (PGM)

No. Requirement

PGM-001 The Vendor shall provide Money Transfer Services, including receipt processing, fund distributions, and the provision of transparent account balances, transactions, and management services for Inmates and Offenders. The Vendor’s solution must process receipts and disbursements following Generally Accepted Accounting Principles (GAAP).

PGM-002 The Vendor shall provide Money Transfer Services via a system that interfaces with the Department’s applications, including OBIS and COPS, using transport layer security through file transfer protocol, web services, and application programming interfaces.

PGM-003 The Vendor shall provide a system accessible by authorized Department staff, with the ability to inquire about specific transactions and to retrieve reports through a secure web interface. The Vendor shall provide all related equipment and supplies necessary to implement and sustain the services sought in this ITN.

PGM-004 The Vendor shall provide a solution that is user-friendly and simple to access and navigate.

PGM-005 The Vendor’s solution must identify Verified Veterans and Veteran benefit recipients.

PGM-006 The Vendor shall identify and provide all available intelligence information to aid in the detection and prevention of fraud and criminal investigations.

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No. Requirement

PGM-007 The Vendor shall provide a solution that transmits information to the Department’s computer systems and receives information transmitted from the Department’s computer systems with appropriate levels of security. The Department shall have final approval of the method, protocol, and format of all exchanges of data.

PGM-008 The Vendor’s solution must support daily file sharing to process transactions related to third-party vendors and special Inmate programs, and must have the flexibility to make system and field changes as necessary to ensure continued services and achievement of the Department’s goals and mission.

PGM-009 The Vendor’s solution must support robust reporting, including the ability to create, download, and export customized reports to meet the Department’s needs, and must accommodate business process changes or changes required by law, rule, or other regulation, at no additional cost to the Department.

PGM-010 The Vendor shall maintain copies of all files exchanged for a minimum of 30 Days following the date of exchange for the first six (6) months. Subject to Department approval, after the first six (6) months, the Vendor shall maintain copies of all files exchanged for a minimum of seven (7) Days following the date of exchange.

PGM-011 The Vendor shall maintain digital copies of all documents (money orders and checks received, payment cards, etc.) for five (5) full years from the date of the transaction. Such images must be available to authorized Department staff upon request at no cost to the Department.

PGM-012 Change Management The Vendor’s solution shall include a formalized change management process that ensures the Department approves any change relating to the exchange of data prior to its implementation. The Vendor’s change management process shall include a testing plan and provision of the testing results to the Contract Manager prior to change implementation. The Vendor shall submit requests for changes to the Department at least four (4) weeks prior to the proposed implementation date. If the Department requires a change, it will communicate its need for change to the Vendor at least 30 Days in advance of the proposed implementation date.

PGM-013 The Vendor shall provide all services in accordance with all applicable federal and State laws, rules, and regulations, including Sections 948.03 and 948.11, F.S., and the Department’s rules and procedures. All such laws, rules, and regulations, current or as revised, are incorporated herein by reference and made a part of this Contract.

The Vendor and the Department shall work cooperatively to ensure service delivery in complete compliance with all such rules and regulations.

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No. Requirement

PGM-014 The Vendor shall meet all State and federal banking regulations concerning depositing funds to the Department’s designated bank accounts. The Vendor will be responsible for complying with the Department’s rules and procedures applicable to funds sent to Inmates for deposit in the Inmate Trust Fund and sent by or on behalf of Offenders in satisfying court-ordered obligations through the Court-Ordered Payment System (COPS). Such rules, regulations, and procedures include, but are not limited to, the following:

▪ Section 944.516, Florida Statutes;

▪ Section 945.31, Florida Statutes;

▪ Section 944.09(1)(h), Florida Statutes;

▪ Chapter 280, Florida Statutes;

▪ Rule 33-203.201, Florida Administrative Code;

▪ Rule 33-601.502, Florida Administrative Code;

▪ Rule 33-602.232, Florida Administrative Code;

▪ Rule 33-302.110, Florida Administrative Code;

▪ FDC Procedure Number 203.005, Inmate Release Debit Card;

▪ FDC Procedure Number 203.010, Collection and Distribution of Court-Ordered

Payments;

▪ FDC Procedure Number 203.015, Administration of the Inmate Trust Fund; and

▪ Federal Bureau of Investigation Criminal Justice Information Services Security

Addendum.

PGM-015 The Vendor shall pay all costs associated with local, State, and federal licenses, permits, and inspection fees required to provide services. All required permits and licenses shall be current, maintained on-site, and a copy submitted to the Contract Manager upon request.

PGM-016 The Vendor shall fully comply with the Americans with Disabilities Act.

PGM-017 The Vendor shall provide sufficient promotional materials of their services to be posted by the Department in every dormitory and public area of the Department’s Institutions.

PGM-018 The Vendor shall not issue news releases, advertisements, news articles, or any other information of any kind related to the Department, including but not limited to, statistical data, Inmate or Offender information, or programs without the prior written consent of the Department.

PGM-019 Quality Assurance The Vendor shall have a formal quality assurance program demonstrating internal review and quality control processes are in place and routine evaluations of the quality and integrity of all software systems, equipment, and services are performed to ensure compliance with the terms and conditions of the Contract. The Vendor shall provide details of its quality assurance program and quality control processes in its Reply.

PGM-020 The Vendor shall respond to and resolve all Customer inquiries, issues, and complaints relating to the Vendor’s failure to transmit funds to the appropriate accounts timely.

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No. Requirement

PGM-021 The Vendor shall provide the appropriate level of staffing for the provision of the services outlined herein and shall ensure that staff providing services are highly trained and qualified. Additionally, the Vendor shall maintain a good working relationship with the Department’s staff, and the community, if required, in support of the Contract.

PGM-022 All Vendor and all subcontractor’s staff providing services under the Contract shall have the ability to understand and speak English, to allow for effective communication between the Vendor, Department, and all customers.

PGM-023 Staffing Plan The Vendor shall develop and implement a Staffing Plan that identifies all positions and ensures compliance with the requirements outlined in this ITN. The Staffing Plan should be updated periodically, but not less than every six (6) months, and must be flexible, as approved by the Department, in response to mission changes over the course of the Contract.

In its Reply, the Vendor shall submit its initial Staffing Plan and an overview of its organization, specifically those staff assigned to provide and support the services sought in this ITN. The Vendor’s overview of its organization must include an organizational chart, position descriptions for staff who will provide or support services under the Contract, and other relevant organization information.

PGM-024 The Vendor shall ensure that all its staff or subcontractors providing services under the Contract comply with prevailing ethical and professional standards, and all applicable statutes, rules, procedures, and regulations.

PGM-025 The Vendor shall provide the following minimum key positions in support of the Contract:

a. Chief Executive Officer (CEO) (or equivalent title) - The CEO is the highest-ranking officer in the Vendor’s company or organization and shall have a minimum of two (2) years of experience as a CEO in an organization regularly engaged in receipt processing and fund distribution services.

b. Administrative Project Manager (or equivalent title) - The Administrative

Project Manager is the individual who will have corporate responsibility for performance of the Contract. This individual should have a minimum of two

(2) years, within the last five (5) years, of management-level administrative oversight of receipt processing and fund distribution services.

c. Technical Project Manager (or equivalent title) – The Technical Project

Manager shall be solely dedicated to the Contract until the transition and implementation period is complete, as determined by the Department, and shall serve as the subject matter expert, available to the Department, during testing, acceptance, and data conversion.

d. The Vendor shall have a Project Management Institute certified Project

Management Professional (PMP®) Project Manager assigned full-time to this project until the transition and implementation period is complete, as determined by the Department.

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No. Requirement

PGM-026 The Vendor shall provide:

a. Adequate staffing of field service representatives available as needed to resolve problems promptly.

b. Adequate customer service representatives to respond to routine transactional inquiries and issues during Business Hours.

c. Adequate staff to process transactions and send information electronically.

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No. Requirement

PGM-027 Conduct and Safety Requirements The Vendor shall ensure all staff adhere to the standards of conduct prescribed in Chapter 33-208, F.A.C, and as prescribed in the Department’s personnel policy and procedure guidelines, particularly rules of conduct, employee uniform, employee grooming, and clothing requirements (as applicable), security procedures, and any other applicable rules, regulations, policies and procedures of the Department. By submitting a response to this ITN, the Vendor acknowledges and accepts, for itself and any of its agents, that all or some of the services to be provided under the Contract shall be provided in a correctional setting with direct and/or indirect contact with the Inmate population and that there are inherent risks associated with the correctional environment. Staff conduct requirements are as follows:

1. The Vendor’s staff shall not display favoritism to or preferential treatment of one

Inmate or group of Inmates over another.

2. The Vendor’s staff shall not deal with any Inmate except in a relationship that supports services under the Contract. Specifically, staff members must never accept for themselves or any member of their family, any personal (tangible or intangible) gift, favor, or service from an Inmate, an Inmate’s family, or close associate, no matter how trivial the gift or service may seem. The Vendor shall report to the Contract Manager any violations or attempted violation of these restrictions. In addition, no staff member shall give any gifts, favors, or services to Inmates, their family, or close associates.

3. The Vendor’s staff shall not enter any business relationship with Inmates or their families (example – selling, buying or trading personal property), or personally employ them in any capacity.

4. The Vendor’s staff shall not have outside contact (other than incidental contact) with an Inmate being served or their family or close associates, except for those activities that are to be rendered under the Contract.

5. The Vendor’s staff shall not engage in any conduct which is criminal in nature or which would bring discredit upon the Vendor or the State. In providing services pursuant to this ITN, the Vendor shall ensure that its employees avoid both misconduct and the appearance of misconduct.

6. At no time shall the Vendor or Vendor’s staff, while delivering services under the Contract, wear clothing that resembles or could reasonably be mistaken for an Inmate’s uniform or any correctional officer’s uniform, or bears the logo or other identifying words or symbol of any law enforcement or correctional department or agency.

7. Any violation or attempted violation of the restrictions referred to in this section regarding employee conduct shall be reported by phone and in writing to the Contract Manager, including proposed action to be taken by the Vendor. Any failure to report a violation or take appropriate disciplinary action against the offending party or parties shall subject the Vendor to appropriate action, up to and including termination of the Contract.

8. The Vendor shall report any incident described above or requiring investigation by the Vendor, in writing, to the Warden and the Contract Manager within 24 hours of the Vendor’s knowledge of the incident.

Vendor shall participate, as needed, with FDC security audits to ensure compliance with tool control and other security-related policies and procedures.

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No. Requirement

PGM-028 Staff Background/Criminal Record Checks

1. The Vendors’ staff assigned to the Contract shall be subject to a Florida

Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check. The Vendor shall send all potential hires for fingerprinting to do a thorough background check. The Department may conduct background checks and they may occur or re-occur at any time during the Contract period. The Department has full discretion to require the Vendor to disqualify, prevent, or remove any staff from any work under the Contract. The use of criminal history records and information derived from such records checks are restricted pursuant to Section 943.054, F.S. The Department shall not disclose any information regarding the records check findings or criteria for disqualification or removal to the Vendor. The Department shall not confirm to the Vendor the existence or nonexistence of any criminal history record information.

2. In order to carry out this records check, the Vendor shall provide, (prior to commencing services upon Institution property) OR (prior to Contract execution, if requested) OR (upon request), the following data for any individual Vendor or subcontractor’s staff assigned to the Contract: Full Name, Race, Gender, Date of Birth, Social Security Number, Driver’s License Number, and State of Issue.

3. The Vendor shall also ensure that the Contract Manager is provided the information needed to have the FCIC/NCIC background check conducted prior to any new Vendor staff being hired or assigned to work under the Contract. The Vendor shall not offer employment to any individual or assign any individual to work under the Contract, who has not had an FCIC/NCIC background check conducted, unless authorized by the Contract Manager.

4. The Vendor shall ensure that no person who has been barred from any Institution or other facility shall provide services under the Contract.

5. The Vendor shall not permit any individual to provide services under the Contract who is under supervision or jurisdiction of any parole, probation, or correctional authority. Persons under any such supervision may work for other elements of the Vendor’s agency that are independent of the contracted services.

Note that a felony or first-degree misdemeanor conviction, a plea of guilty or nolo contendere to a felony or first-degree misdemeanor crime, or an adjudication of guilt withheld to a felony or first-degree misdemeanor crime does not automatically bar the Vendor from hiring the proposed employee. However, the Department reserves the right to prior approval in such cases. Generally, two (2) years with no criminal history is preferred. The Vendor shall make full written report to the Department’s Contract Manager within three (3) Days whenever an employee has a criminal charge filed against him/her, or is arrested, or receives a Notice to Appear for violation of any criminal law involving a misdemeanor, felony, ordinance (except minor violations for which the fine or bond forfeiture is $200 or less) or when Vendor or Vendor’s staff has knowledge of any violation of the laws, rules, directives, or procedures of the Department.

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PGM-029 Implementation and Transition The Vendor shall develop and submit with its Reply, a detailed Initial Implementation and Transition Plan (Initial Plan) that includes a list of all major transition activities, with the associated responsible parties and timeframes. The Vendor’s written Initial Plan must demonstrate its capacity to fully implement services on or before January 1, 2023. This plan shall include provisions for the oversight of program management functions; human resources; migration of data, as required; quality management;

Customer support; financial management; reporting; licenses and permits;

equipment and supplies; and information technology services.

In addition, the Vendor shall:

• Meet with the Contract Manager within three (3) Days of the Contract’s execution, to discuss the Contractor’s proposed Initial Implementation and Transition Plan, and ensure an orderly and efficient transition;

• Provide a Final Implementation and Transition Plan to the Contract Manager within 15 Days of Contract execution;

• Provide regular reports to the Contract Manager, not less than weekly, on the status of filling any vacant positions required under the Contract, and the general status of Contract implementation and transition;

• Commence the provision of services in adherence to the Contract, in accordance with the Vendor’s Department-approved Final Implementation and Transition Plan; and

• Assume complete responsibility for all related services at 12:00 a.m., Eastern Time, on the agreed-upon implementation date.

During the transition period, the Department will provide access to all records, files, and documents necessary for the provision services. The Department reserves the right to revise the timeline for transition and implementation or Final Transition and Implementation Plan, as it determines to be in the Department’s best interest or in the best interest of the State. There will be no compensation provided to the Vendor prior to the implementation of services.

PGM-030 The Vendor shall provide an End-of-Contract Transition Plan detailing the activities and timeframes for transitioning various aspects of service delivery to a new provider upon termination or expiration of the Contract. Transition activities should occur over four (4) to six (6) months.

PGM-031 Training The Vendor is responsible for all costs relating to training activities, regardless of whether those training activities are intended for the Department or Customers. The Vendor shall provide specific end-user training to designated Department staff. User training may be interactive and web-based, via a live web conference, or onsite. The Vendor shall provide each training participant written training and reference materials.

The Vendor shall maintain the accuracy of all training manuals and reference materials, and shall supply the Department with updated training manuals and reference materials as updates occur in accordance with ITS-027.

PGM-032 The Vendor shall provide a single, cumulative Contract-related commission payment to the Department by the 15th Day of the month after the month in which services were provided to Customers. The Vendor shall also provide a report of commission payments on a timeframe and in a format approved by the Department.

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PGM-033 Audits, Investigations and Legal Actions

The Vendor shall notify the Contract Manager via email within 24 hours (or the next Business Day, if the deadline falls on a weekend or holiday) of its receipt of notice of any audit, investigation, or intent to impose disciplinary action by any State or federal regulatory or administrative body, or other legal actions or lawsuits filed against the Vendor that relate in any way to service delivery as specified in the Contract.

The Vendor shall provide copies of the following reports or documents to the Department within seven (7) Business Days of receipt:

a. Audit reports, complaints filed and notices of investigation from any State or federal regulatory or administrative body;

b. Warning letters or inspection reports issued, including reports of “no findings,” by any State or federal regulatory or administrative body;

c. Any disciplinary action(s) imposed by any State or federal regulatory or administrative body on the Vendor or any Vendor employee or subcontractor; and

d. Notices of legal actions with copies of all claims.

PGM-034 The Vendor shall contact the Department within two (2) Business Days following any communication received from a third party about withdrawing funds from the Department’s bank account. Should the Department provide evidence that a withdrawal would result in error, the Vendor must protest the withdrawal.

3.2.2 Receipt Processing Services

Receipt Processing Service Requirements (RPS)

RPS-001 The Vendor shall receive funds for deposit into Inmates’ and Offenders’ trust accounts, and shall accept the following methods of receiving funds:

• Money orders and cashier’s checks by mail;

• Major debit and credit card payments made over the telephone to the

Vendor’s Call Center or via the Vendor’s encrypted and secure website;

• Bank transfers via an authorized draft from a Customer’s checking or savings account made over the telephone to the Vendor’s Call Center or via the

Vendor’s encrypted and secure website;

The Vendor shall not receive Inmate funds from Customer Outlets, i.e., MoneyGram, Western Union, Ace Cash Express are not an approved money transfer service.

RPS-002 The Vendor shall ensure that an Inmate receives funds for deposit into his or her Inmate trust account only from individuals who have a current "approved" status identified on the Inmate's automated visiting record.

RPS-003 The Vendor shall transfer funds collected on behalf of Inmates and Offenders to the Department’s designated bank account within three (3) Business Days of receipt.

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Vendors should note that failure to process incoming payments to the Department within three (3) Business Days of receipt could violate a court order involving an Offender may result in the revocation of an Offender’s probation and his/her remand to State custody.

RPS-004 The Vendor shall ensure that all remittances are properly identified with:

a) The name of the remitter;

b) The Inmate’s or Offender’s DC number; and

c) The Inmate’s or Offender’s name.

The Vendor shall ensure all payment remittances contain accurate identification information. The Vendor will be liable and pay for any loss of funds caused by the Vendor’s misidentification of a remittance. The Vendor shall either remit replacement funds to the Department with the corrected identification information or refund the full amount of the original transaction (including all fees assessed) to the remitter.

RPS-005 The Vendor shall assume and retain all risks associated with payment instruments returned by the issuing bank for any reason and debit or credit card payments that are disputed by the cardholder or the card issuer.

RPS-006 The Vendor shall provide an online, secure, and encrypted system that is user-friendly, simple to access and navigate, and promptly processes all payments received.

RPS-007 The Vendor shall maintain a toll-free Call Center to assist Customers and respond to inquiries regarding remittances and Inmate trust accounts.

The Call Center shall be:

a) Available 24 hours per Day, seven (7) Days per week;

b) Utilize an Interactive Voice Response (IVR) system to assist Customers to the extent possible;

c) Staffed with customer service representatives to interact with callers using multiple languages (including, but not limited to English and Spanish);

d) Located in the United States, preferably within the State of Florida; and

e) Calls must be recorded and reviewed by the Vendor for quality assurance.

RPS-008 The Vendor shall provide courteous customer service and resolve problems with remittances within 48 hours of a Customer’s or Department’s interaction with the Call Center.

3.2.3 Fund Disbursement Services

Fund Disbursement Service Requirements (FDS)

FDS-001 The Vendor shall process disbursements from an Inmate or Offender’s trust account, placing liens and holds on accounts with outstanding obligations (i.e. fees and charges such as court-ordered filing fees, administrative fees, subsistence, savings, etc.), and disbursing collected funds to the proper entities.

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FDS-002 The Vendor shall calculate an Inmate’s spending limits as set by the Department, adjusting his/her available balance to correctly reflect the Inmate’s obligations no less than nightly. The Vendor’s solution shall ensure an Inmate or Offender cannot exceed his/her spending limits.

FDS-003 Debit Card Services for Inmates at CRCs The Vendor shall provide debit cards to Inmates in State-operated CRCs and allow for the issuance of weekly cash draws of up to $100, based on parameters established by the Department.

FDS-004 Debit Card Services for Releasing Inmates The Vendor shall provide debits cards to releasing Inmates to access their release gratuity and remaining Inmate trust account balances. The Vendor shall ship debit cards to the Department’s Correctional Institutions and CRCs for a releasing Inmate to activate prior to release. Releases can occur at any hour of the Day or night on any Day of the year.

The Vendor’s solution shall allow for the immediate deposit of release gratuity onto an Inmate’s debit card. The Vendor shall provide real-time Call Center resolution for problems relating to debit card activation and the loading of release gratuity to a debit card. The Vendor shall ensure release gratuity is available on a releasing Inmate’s debit card within 30 minutes of request if the request is made during Business Hours by authorized and designated staff at the releasing Institution. If the request is made outside of Business Hours, then an Inmate’s release gratuity shall be available on the Inmate’s debit card within 30 minutes of the start of the next Business Day.

The Vendor shall provide a mechanism whereby an Inmate’s remaining trust account balance can be added to the Inmate’s debit card, by designated Department staff, after the Inmate’s release (typically two (2) to four (4) weeks following card activation). This mechanism must include a process to verify and authenticate an Inmate’s Social Security number prior to adding any funds to the Inmate’s debit card.

The Vendor’s solution must provide an automated process for closing out an Inmate’s trust account after his/her release.

The Vendor shall issue a replacement debit card to a released Inmate if the original card is lost or damaged. The Vendor shall issue the first replacement card without charge but may assess a fee for subsequent replacement cards. The Vendor must provide the Department a schedule showing the fee for multiple replacement cards.

FDS-005 The Vendor shall ensure debit cards adhere to the following restrictions:

a. They cannot be used for online purchases;

b. They cannot be used to transfer funds to another Inmate or Offender; and

c. Funds can only be added to the debit cards by the Department’s designated staff (i.e., no direct deposits by employers or other type of outside deposits).

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FDS-006 The Vendor shall ensure Inmates are able to use their debit cards to make purchases or obtain cash without incurring withdrawal or any other type of fee(s), and that the released inmate has access to all the funds placed on debit cards by the Department. For Inmates obtaining cash via ATM, the Vendor shall ensure its debit cards do not charge an ATM withdrawal fee at major banks (e.g., Bank of America, Chase, Citi, Capital One, Truist, etc.).

The Vendor shall utilize a recognizable national Interbank Network’s debit card for their system to ensure access to funds nationwide, such as the PLUS, STAR, Pulse, and Presto networks.

FDS-007 The Vendor shall allow releasing inmates to transfer funds from their debit cards to any private financial institution for deposit into their personal account without assessing a fee. This is not applicable to those Inmates at CRCs who are issued debit cards for their weekly cash draw and are not releasing.

FDS-008 The Vendor shall provide a solution with sufficient safeguards in place for the Department’s designated staff to retain control over unissued debit cards and the process of issuing and activating debit cards.

FDS-009 The Vendor shall maintain a toll-free Call Center to assist Inmates and released inmates with activating and using the debit cards.

The Call Center shall be:

a) Available 24 hours per Day, seven (7) Days per week; and

b) Staffed to interact with callers using multiple languages (including, but not limited to English and Spanish).

FDS-010 The Vendor shall provide a system sending unused funds to the Department of Financial Services as unclaimed property according to Section 717, Florida Statutes and Chapter 69G-20, F.A.C.

FDS-011 The Vendor shall provide authorized Department staff an Inmate’s debit card transaction history within 24 hours of request.

3.2.4 Information Technology and Security Services

Information Technology and Security Requirements (ITS)

ITS-001 Technology…