RFP Document.pdf

Dated 10/16/23

STATE OF SOUTH DAKOTA

DEPARTMENT OF HUMAN SERVICES

DIVISION OF REHABILITATION SERVICES

HILLSVIEW PROPERTIES PLAZA

3800 E HWY 34, C/O 500 E CAPITOL

PIERRE SD 57501-5070

Administration of the Telecommunication Relay Services in South Dakota PROPOSALS ARE DUE NO LATER THAN 5:00 pm (CDT) February 23, 2024

RFP #: 24RFP9740 State POC: Hailey Bowers EMAIL: Hailey.Bowers@state.sd.us

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FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGIT): FAX NO:

E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME: TELEPHONE NO:

FAX NO: E-MAIL:

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The Department of Human Services (DHS), Division of Rehabilitation Services (DRS) is publishing a Request for Proposals (RFP) to contract for full-service, confidential, statewide, 24-hours-per-day, 7-days-per-week, functionally-equivalent Telecommunications Relay Services (TRS) to meet the Department of Human Services (DHS) needs and expectations as described within this RFP, as well as any current or future standards established by the Americans with Disabilities Act (ADA) and the Federal Communications Commission (FCC).

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The Department of Human Services/Division of Rehabilitation Services is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, Department of Human Services/Division of Rehabilitation Services. The reference number for the transaction is 24RFP9740. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

1.3 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

Items due by 5p CST of the Dates Listed

RFP Publication January 5, 2024 Offeror Questions Due Responses to Offeror Questions

January 19, 2024 February 2. 2024

Proposal Submission February 23, 2024 Anticipated Award Decision/Contract Negotiation Contract Budget Cycle Start Date

March 12, 2024 June 1, 2024

1.4 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received by the South Dakota Department of Human Services/Division of Rehabilitation Services by the date and time indicated in the Schedule of Activities.

Proposals received after the deadline will be late and ineligible for consideration.

An original and 2 identical copies of the proposal shall be submitted, also include an electronic version with the submission. The cost proposal must be in a separate sealed envelope and labeled “Cost Proposal”.

All proposals must be signed, in ink, by an officer of the responder, legally authorized to bind the responder to the proposal, and sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected. The sealed envelope should be marked with the appropriate RFP Number and Title. Proposals should be addressed and labeled as follows:

REQUEST FOR PROPOSAL #24RFP9740

PROPOSAL DUE February 23, 2024 STATE POC Hailey Bowers

DEPARTMENT OF HUMAN SERVICES

811 E 10th Street

Dept. 21 Sioux Falls, South Dakota 57103

No proposal shall be accepted from, or no contract or purchase order shall be awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

1.5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.6 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.7 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.8 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

Offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any Agreement entered into as a result of this RFP. By signing an Agreement pursuant to this RFP, Offeror hereby certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.10 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.11 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Inquiries must be emailed to Hailey Bowers at Hailey.Bowers@state.sd.us with the subject line “RFP

#24RFP9740”.

The State will to respond to offeror’s inquiries (if required) via e-mail. In addition, all inquiries and the State’s response will be posted on the state’s e-procurement system. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.12 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements.

An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.13 LENGTH OF CONTRACT

The Department of Human Services is requesting the contract for a period of five years with a provision for the state to elect to renew service for an additional five-year extension.

1.14 GOVERNING LAW

Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in the State of South Dakota. The laws of South Dakota shall govern this transaction.

1.15 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the offeror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request.

The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as listed below, along with any additional terms and conditions as negotiated by the parties:

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as

Section 3 of the RFP and by this reference incorporated herein.

2.2 The Contractor’s services under this Agreement shall commence on January 1, 2024, and end on January 1, 2029, with the option for renewal by the state for one (1) five-year period. Notice of intent to renew shall be given by the State to the Contractor as mutually agreed upon prior to the end of the current agreement term. If the notice of intent to renew is given, the Agreement shall renew unless terminated by either party pursuant to the Termination Provision of the Agreement.

2.3 The Contractor will not use State equipment, supplies or facilities. The Contractor will provide the

State with its Employer Identification Number, Federal Tax Identification Number or Social Security Number upon execution of this Agreement.

2.4 The State will make payment for services upon satisfactory completion of the services. The TOTAL

CONTRACT AMOUNT is an amount not to exceed $________________. The State will not pay Contractor's expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL ch. 5-26.

2.5 The Contractor agrees to indemnify and hold the State of South Dakota, its officers, agents and employees, harmless from and against any and all actions, suits, damages, liability or other proceedings that may arise as the result of performing services hereunder. This section does not require the Contractor to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents or employees.

2.6 The Contractor, at all times during the term of this Agreement, shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

The Contractor shall maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each occurrence. If such insurance contains a general aggregate limit it shall apply separately to this Agreement or be no less than two times the occurrence limit.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1,000,000.00.

C. Business Automobile Liability Insurance:

The Contractor shall maintain business automobile liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each accident. Such insurance shall include coverage for owned, hired and non-owned vehicles.

D. Worker’s Compensation Insurance:

The Contractor shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota law.

Before beginning work under this Agreement, Contractor shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement. In the event a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, the Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Contractor shall furnish copies of insurance policies if requested by the State.

2.7 While performing services hereunder, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.8 Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. Contractor shall report any such event to the State immediately upon discovery.

Contractor's obligation under this section shall only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Contractor's obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section shall not excuse or satisfy any obligation of Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event the Contractor breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. If termination for such a default is effected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor's default. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a default by Contractor it is determined that Contractor was not at fault, then the Contractor shall be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

2.11 This Agreement may not be assigned without the express prior written consent of the State. This

Agreement may not be amended except in writing, which writing shall be expressly identified as a part hereof, and be signed by an authorized representative of each of the parties hereto.

2.12 This Agreement shall be governed by and construed in accordance with the laws of the State of

South Dakota. Any lawsuit pertaining to or affecting this Agreement shall be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, state and local laws, regulations, ordinances, guidelines, permits and requirements applicable to providing services pursuant to this Agreement, and will be solely responsible for obtaining current information on such requirements.

2.14 The Contractor may not use subcontractors to perform the services described herein without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this

Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply, with applicable federal, state and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance.

2.15 Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement shall belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, software programs, source code(s) and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.16 The Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency.

Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.17 Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices or communications to or between the parties shall be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.18 In the event that any court of competent jurisdiction shall hold any provision of this Agreement unenforceable or invalid, such holding shall not invalidate or render unenforceable any other provision hereof.

2.19 All other prior discussions, communications and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

3.0 SCOPE OF WORK

3.1 BACKGROUND

3.1.1 Telecommunications Relay Services (TRS) is defined in the Americans with Disabilities Act (ADA) as “telephone transmission services that provide the ability for an individual who has a hearing or speech disability to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability to communicate using voice communication services by wire or radio. TRS provides full telephone accessibility to people who are deaf, hard of hearing, or speech disabled. Specially trained Communication Assistants (CAs) complete all calls and stay on-line to relay messages either electronically over a Teletypewriter (TTY) or verbally to hearing parties. This valuable communications tool gives all individuals who are deaf, hard of hearing or speech disabled the opportunity to make personal and business calls just like any other telephone user and allows persons with communication disabilities in South Dakota access to the switched public telephone network on a basis comparable to that available to people without such disabilities, and vice versa, in a functionally equivalent manner.

3.1.2 During the 1989 session of the Legislature of the State of South Dakota, the South Dakota Codified Law Chapters 49-31-47 to 49-31-56 were passed to provide telecommunications services for state residents with disabilities. The law states a telecommunications fund be created in the state treasury to be used for relay services.

An access fee is imposed in the amount of fifteen cents per local exchange service line per month, fifteen cents per cellular telephone per month and fifteen cents per radio pager device per month. The Department of Human Services is responsible for promulgating rules and regulations to implement the telecommunications relay system and ensure that it complies with the federal Americans with Disabilities Act and meets the certification requirements and federally mandated rules and regulations that govern TRS.

The Department of Human Services is committed to providing a quality relay service that meets the needs of the people of the State of South Dakota and which satisfies or exceeds the relay system certification requirements of the Federal Communications Commission (FCC) under the Americans with Disabilities Act.

3.2 OBJECTIVE

3.2.1 To allow South Dakota’s deaf, hard of hearing, speech disabled and deaf-blind population access to the switched public telephone network on a basis comparable to that available to people without such disabilities, and vice versa, in a functionally equivalent manner.

3.2.2 To ensure the provision of a Telecommunications Relay Service that—at a minimum— keeps up with industry standards but strives to exceed them, and to also ensure that the provision of relay service is flexible and responsive to service demands and is adaptable for implementation of technological advances as they become available.

3.2.3 To ensure that the reporting system for TRS provides detailed information on usage patterns, busy times, originating number, number of calls blocked, length of calls, total number of calls handled, complaints, and other pertinent information needed to manage the service, and for periodic assessment of the level of access and quality of the service.

3.2.4 To maximize service delivery/cost ratios which permit the most cost-effective operation of the relay service without negatively affecting quality of service.

3.2.5 To ensure the provision of effective outreach services that will promote the use of South Dakota Relay as well as to increase public awareness about the services.

3.3 PROJECT SCOPE

3.3.1 The telecommunications relay service (TRS), known as South Dakota Relay, shall provide for uniform and coordinated provision of service on a statewide basis.

3.3.2 South Dakota Relay Service shall be designed to enable persons with a hearing or speech disability, utilizing TTYs or other means determined to be acceptable by the FCC, to place telephone calls to standard telephone users (and vice versa) by using the telephone assistance of a calling assistance (CA).

3.3.3 The underlying standard of the relay service will be to provide users access to the telephone network which is functionally equivalent to that provided to those who are not impaired in their ability to use the telephone. It will include, but not be limited to, the following features: (a) comparable cost to consumers; (b) call blockages no different than those experienced by non-TRS callers; (c) allowing choice of carriers for all types of long distance and toll calls; (d) real-time communications in transmission and reception of text and speech; and (e) using advanced and efficient technology as it becomes available and technically feasible.

3.3.4 South Dakota TRS must be provided 24 hours a day, for all 365 days a year, including holidays. South Dakota citizens shall be able to place relay calls to and receive calls from other person in South Dakota, the nation, and the world with no limit on the number or length of calls.

3.3.5 In addition to three-digit, 7-1-1 dialing, the existing state-owned, nationwide, toll-free numbers shall be used. All current toll-free numbers and any additional toll-free numbers provided under this solicitation will remain the property of the Department of Human Services. The current toll- free numbers for access to South Dakota Relay are:

3.3.5.1 800-877-1113 7-1-1/TTY/Voice/ASCII/HCO

3.3.5.2 877-866-8950 South Dakota Relay Customer Service (English)

3.3.5.3 877-981-2117 VCO

3.3.5.4 877-981-9744 STS

3.3.5.5 877-981-9743 Spanish

3.3.6 South Dakota Relay Service shall comply with all state and federal requirements for intrastate and interstate telecommunications relay service. At a minimum, it shall comply with the requirements of the American with Disabilities Act and rules and regulations published by the Federal Communications Commission regarding Telecommunications Relay Service found at 47 C.F.R. Section 64.601 et seq. If there is any discrepancy between any of these requirements, the more stringent requirements shall apply. The Contractor shall aid the Department of Human Services in renewing FCC certification.

3.3.7 The Contractor must provide all necessary facilities, equipment, software, circuits, telephone service, personnel, training, setup, testing, reporting, and other program elements as may be needed for the implementation and operation of South Dakota Relay Service. A viable contingency plan must be in place to prevent any significant disruptions or impairments to service in the event of adverse or man-made or natural occurrences.

The State intends to maintain FCC certification for its services, so they must meet current FCC requirements for the types and quality of services provided. Future enhancements required by the FCC will also be met and/or the State may determine that enhancements not required by the FCC should be initiated. In either instance, this would likely result in negotiated price changes with the Contractor.

3.4 GENERAL REQUIREMENTS

3.4.1 LOCATION AND CAPABILITIES OF RELAY CENTER(S)

3.4.1.1 Offeror’s relay center(s) supporting a resulting contract of this RFP shall be located within the United States. An in-state relay call center is not a requirement of this RFP.

3.4.1.2 Proposals shall identify the number and location of relay center(s) where

South Dakota Relay TRS traffic will be routed, including a description of the call routing procedure as well as information on the routing by call types or features (i.e. if STS or Spanish calls are routed only to specific centers as opposed to all centers). Within thirty (30) days of Contract execution, the Contractor shall also provide a list of the range of CA numbers that will be used for each relay center South Dakota TRS traffic is routed to. Any changes, additions, or deletions to this list shall be submitted to the Department of Human Services within thirty (30) days.

3.4.1.3 The Department of Human Services may conduct site visits for quality assurance and contract oversight at any of the Contractor’s existing relay centers that process the State’s relay calls. The Contractor shall accommodate these site visits.

3.4.1.4 Relay center(s) must be constructed and operated in such a manner that access to CA position workplace is denied to the public and unauthorized employees of the Contractor. Proposals shall describe what measures shall be in place to secure the relay center(s) from unauthorized access and malicious actions from both outside and from within the relay center(s)’ physical and logistical environments.

3.4.1.5 Relay centers shall be constructed and operated in such a manner as to ensure call privacy and confidential CA workspace. CA workspace equipment and structural accommodations shall prevent relay users on one call from overhearing a CA processing another call.

3.4.1.6 Contractors shall ensure that the work area for STS CAs is quiet and free from distractions so that STS CAs have the ability to hear and concentrate on STS users’ speech.

3.4.2 QUALITY ASSURANCE AND QUALITY CONTROL

3.4.2.1 The quality of relay service shall be continuously evaluated by the Contractor in collaboration with the Department of Human Services. Proposals shall describe the Quality Assurance Plan for conducting, quantifying, recording and scoring quality assurance testing for South Dakota TRS. Proposals shall also explain the mechanism to ensure that the remedies for any problems found during testing will be incorporated into policies to improve the quality of relay services. The Contractor shall provide the Department of Human

Services with any and all independent third-party quality testing results for South Dakota TRS.

3.4.2.2 South Dakota’s TRS users shall be provided opportunities for input on the quality of relay service. Proposals shall describe how relay users will be included in evaluation of the relay service. Specifically, this description shall explain methods for soliciting consumer input and how the recommendations will be incorporated into the policies for the provision of relay service.

3.5 FCC REGULATIONS / COMPLIANCE

3.5.1 FCC Regulations for the Provision of Telecommunications Relay Services pursuant to

Title IV of the Americans with Disabilities Act, Pub. L. No. 101-336, § 401, 104 State.

327, 366-69 (adding Section 225 to the Communications Act of 1934, as amended), 47 U.S.C. § 225; 47 C.F.R. § 64.601-64.606. All current standards and regulations, and any future standards relating to TRS adopted by the FCC, or regulations codified by the FCC, are hereby incorporated by reference as minimum standards required in the context of this RFP, whether or not said standards are specifically mentioned, named, or referred to in this RFP. The Department of Human Services may negotiate with the Contractor in the event of FCC mandated changes in the provision of relay services which require an increase in price.

3.5.2 All contractors will submit positive statements with respect to their willingness to comply with all work requirements described in this RFP, and with the general contract requirements and the terms and conditions specified in this RFP. The TRS must meet all requirements necessary for certification by the FCC; therefore, if any of the following requirements conflict with current FCC certification requirements, the FCC requirements shall prevail. All contractors will clearly describe and explain any proposed deviations from or changes to the RFP requirements for consideration by the State in the appropriate section of the proposal and in the transmittal letter. The State reserves the right to reject any proposal including such deviations or changes.

3.6 EMPLOYMENT OF STATE PERSONNEL

3.6.1 The Contractor shall not knowingly engage on a full time, part time or other basis with any individual involved in preparation of this RFP, or the selection and/or award of the resulting contract for one year following the start date of the contract.

3.7 OWNERSHIP

3.7.1 All reports, documentation and material developed or acquired by the Contractor, as a direct requirement specified in the contract, shall become the property of the State of South Dakota. The Contractor shall agree and understand that all discussions with the Contractor and all information gained by the Contractor as a result of the Contractor’s performance under the contract shall be confidential and that no reports, documentation, or material prepared as required by the contract shall be released to the public without the prior written consent of the State. Upon expiration, termination, or cancellation of the contract, all documents, data, reports, supplies, equipment and accomplishments prepared, furnished or completed by the Contractor pursuant to the terms of the contract shall become the property of the State.

3.8 PAYMENT

3.8.1 After the close of each month, the Contractor will submit an invoice to the State Relay Administrator for the previous month’s work, and the State will make payment within thirty

(30) days of receipt of said invoice. Total reimbursement shall not exceed the cost outlined in the cost proposals submitted for TRS and accepted by the State.

3.9 HISTORICAL CALL VOLUME FOR TRS

3.9.1 Based on contract years beginning June – May, South Dakota’s Historical Call Volume for TRS follows:

TRS Total Session Minutes Month 2019 2020 2021 2022 2023

June 1,177 1,118 1,203 971 502 July 1,247 1,015 1,619 795 448 August 962 870 1,004 603 765 September 1,286 1,192 1,149 860 533 October 1,977 1,101 690 670 559 November 1,263 731 1,001 653 731 December 1,277 1,073 1,010 600 2,098 January 966 864 839 722 627 February 1,262 552 620 793 736 March 1,183 1,302 897 635 963 April 963 1,347 1,123 514 354 May 1,288 1,256 881 596 555 Total Session

Minutes 14,857 12,426 12,041 8,418 8,877

4.0 SCOPE OF WORK CONTINUED

4.1 DEFINITIONS

In order to facilitate contractor understanding of this RFP, the following definitions apply:

4.1.1 7-1-1: The abbreviated dialing code for accessing most types of relay services anywhere in the United States.

4.1.2 9-1-1: The abbreviated dialing code that enables users to be connected to emergency services from anywhere in the United States.

4.1.3 Abandoned Call: An inbound call that is disconnected in queue before it reaches a CA’s workstation.

4.1.4 American Sign Language (ASL): A visual language based on hand shape, position, movement, and orientation of the hands in relation to each other and the body.

4.1.5 Appropriate PSAP: Either a Public Safety Answering Point (PSAP) that the caller would have reached if he/she had dialed 9-1-1 directly, or a PSAP that is capable of enabling the dispatch of emergency services to the caller in an expeditious manner.

4.1.6 ANI: Automatic Number Identification is a means of identifying the telephone number of the party originating the telephone call. This is accomplished through the use of analog or digital signals that are transmitted along with the call as well as equipment that can decipher those signals. The difference between ANI and caller ID is that the information is delivered before the first ring with ANI and between the first and second rings with Caller ID.

4.1.7 ASCII: An acronym for American Standard Code for Information Interexchange which employs an eight bit code and can operate at any standard transmission baud rate including 300, 1200, 2400, and higher.

4.1.8 Average Speed of Answer (ASA): The time from when the inbound call is accepted by the provider’s switch until the time the call is delivered to, and answered by, a CA ready to process the call. Abandoned calls are included in the calculation of ASA.

4.1.9 Baudot: A seven bit code, only five of which are information bits. Baudot is used by some text telephones to communicate with each other at a 45.5 baud rate.

4.1.10 Blocked Calls: Any call that arrives at the provider’s switch that is not answered by a live CA ready to process the call within 90 seconds, or any customer receiving a busy signal.

4.1.11 Call Duration: The actual length of time between the setup and the call wrap-up of an outbound call.

4.1.12 Call Release: A feature that allows the CA to sign-off or be "released" from the telephone line after the CA has set up a telephone call between the originating TTY caller and a called TTY party, such as when a TTY user must go through a TRS facility to contact another TTY user because the called TTY party can only be reached through a voice-only interface, such as a switchboard.

4.1.13 Call Set-Up: The time period when a CA connects to an incoming relay call to the moment the relay call is connected to the called party. This includes the preparation process (dialing, ringing, and status report). Once the caller and called party are connected, this ends the call set-up.

4.1.14 Call Wrap-Up: The time beginning when one of the relay parties disconnects to the moment the CA disconnects the last party.

4.1.15 Called Party: The outbound leg of a relay call (i.e. the person being called by the inbound leg or calling party).

4.1.16 Calling Party: The inbound leg of a relay call (i.e. the person placing the outbound call to the called party).

4.1.17 Common Carrier or Carrier: Any common carrier engaged in interstate communication by wire or radio as defined in section 3(h) of the Communications Act of 1934, as amended (the Act), and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 2(b) and 221(b) of the Act.

4.1.18 Communications Assistant (CA): A person who transliterates or interprets conversation between two or more end users of TRS [47 C.F.R. §64.601(7)]. For the purposes of this solicitation and Contract, the term “CA” is not intended to be product specific and may be used interchangeably with similar terms used throughout the industry (e.g. relay operator). The Department of Human Services prefers the term “CA”.

4.1.19 Completed Outbound Call: An outbound call which is answered by the called party, which includes any person at the called party’s number, an answering machine, voice mail, or is answered when forwarded from the called party’s number to another location, such as another number.

4.1.20 Contract Administrator / State Relay Administrator: The individual in the Department of Human Services who is responsible for administering the Contract and resolving operational day-to-day questions and issues. The current Contract Administrator for this Contract is:

TRS/Deaf Services Program Specialist

Hailey Bowers Division of Rehabilitation Services 811 E 10th St Dept 21 Sioux Falls, SD 57103 Phone: 605-362-3630

Fax: 605-367-5327

4.1.21 Contractor: The offeror awarded the Contract under this RFP.

4.1.22 Conversation Minutes or Conversation Time: The period beginning from the point the relay call originator is connected to the called party, an answering machine, or voice mail, and ending when either party disconnects from the CA. Conversation minutes do not include the time in queue, call set-up, call wrap-up, busy signals or no-answers.

4.1.23 Customer Preference Database: A database that allows callers to enter specific information into a profile in order to expedite their call set-up time. Such information often includes the caller’s name and address, long distance profile, frequently dialed numbers, out-dial messages for identification purposes, call block, out-dial restrictions, emergency numbers, and other customer notes.

4.1.24 FCC: Federal Communications Commission.

4.1.25 FCC TRS Regulations: The Federal Communications Commission Telecommunications

Relay Service Regulations in 47 C.F.R. §64.601-64.606.

4.1.26 Functionally Equivalent: Performance in a TRS call of substantially the same function to achieve the same result as that in a voice-to-voice telephone call by individuals who do not need TRS for effective communication.

4.1.27 General Assistance Calls: The category of incoming calls not associated with an outgoing call attempt for reasons that may include, but are not limited to: either the CA or the calling party cannot hear or read the other because of technical problems; the calling party may only be seeking information from the CA; the calling party may have misdialed;

or the calling party may have forgotten the number of the party he or she wishes to reach.

4.1.28 GOS: Grade of Service. A term indicating the probability that a call attempted will receive a busy signal. A P.01 Grade of Service means that the user has a 1% chance of reaching a busy signal.

4.1.29 Hearing Carry Over (HCO): A form of TRS where the person with the speech disability is able to listen to the other end user and, in reply, the CA speaks the text as typed by the person with the speech disability. The CA does not type any conversation. Two-line HCO is an HCO service that allows TRS users to use one telephone line for hearing and the other for sending TTY messages. HCO-to-TTY allows a relay conversation to take place between an HCO user and a TTY user. HCO-to-HCO allows a relay conversation to take place between two HCO users.

4.1.30 Inbound Call: An inbound call refers to the portion of the communications connection from the calling party into the relay service center. An inbound call can be a general assistance call, an inbound call associated with an outbound call or number of outbound calls, or a call that is abandoned after reaching the relay switch but before being answered by the CA.

4.1.31 Incomplete Outbound Call: An outgoing call which is not answered by the called party.

This includes calls which ring with no answer and calls which receive a line busy or trunk busy response.

4.1.32 Interconnected VoIP Service: An interconnected Voice over internet protocol (VoIP) service is a service that: enables real-time, two-way voice communications; requires a broadband connection from the user’s location; requires internet protocol-compatible customer premises equipment (CPE); and permits users generally to receive calls that originate on the public switched telephone network.

4.1.33 Internet Protocol (IP) Relay: Text to voice relay. Text is typed on a computer accessing the Internet to contact a CA who then places an outbound landline call to the called party.

4.1.34 IVR: Interactive Voice Response.

4.1.35 IXC: Interexchange Carrier.

4.1.36 LATA: Local Access Transport Area.

4.1.37 LEC: Local Exchange Carrier.

4.1.38 Non-English Language Relay Service: A telecommunications relay service that allows persons with hearing or speech disabilities who use languages other than English to communicate with voice telephone users in a shared language other than English, through a CA who is fluent in that language.

4.1.39 NPA: Number Plan Area (i.e. Area Code).

4.1.40 NXX: The three digits following the area code which indicate the exchange, which is a geographic area (such as a city and its environs) established by a regulated telephone company for the provision of local telephone services.

4.1.41 Offeror: Any individual, company, corporation, or other entity submitting a proposal in response to this Request for Proposal (RFP).

4.1.42 Outbound Call: An outbound call refers to the portion of the communications connection from the relay service center to the called party. Any time an attempt is made to call a party from the relay service, whether the party receives the call (complete) or not (incomplete), it is called an “outbound call.”

4.1.43 P.01: The standard upon which blockage is measured. Signifies one (1) call blocked out of one hundred (100) incoming calls.

4.1.44 Public Safety Answering Point (PSAP): A facility that has been designated to receive 911 calls and route them to emergency services personnel as provided in 47 CFR 64.3000(c).

4.1.45 Regionally Directed Toll-Free Number: An outbound line that receives an inbound ANI and directs the call to a specific location.

4.1.46 Session Minutes: The measured time period from the point when a CA connects to an incoming relay call until the moment the CA disconnects the last party. This period shall include the set-up and wrap-up time of the call.

4.1.47 Speech-to-Speech (STS): A telecommunications relay service that allows individuals with speech disabilities to communicate with voice telephone users through the use of specially trained CAs who understand the speech patterns of persons with speech disabilities and can repeat the words spoken by that person.

4.1.48 Speed of Answer: The time required for an inbound call to be answered by a CA ready to service relative to the initial incoming signal receipt at the providers call equipment.

4.1.49 Speed Dialing: A TRS feature that allows a TRS user to place a call using a stored number maintained by the TRS facility. In the context of TRS, speed dialing allows a TRS user to give the CA a “short-hand" name or number for the users most frequently called telephone numbers.

4.1.50 SS7 (Signaling System 7): An architecture for performing out-of-band signaling in support of the call establishment, billing, routing, and information-exchange functions of the public-switched telephone network (PSTN). It identifies functions to be performed by a signaling-system network and a protocol to enable their performance.

4.1.51 State: The State of South Dakota.

4.1.52 Telecommunications Relay Services (TRS): Telephone transmission services that provide the ability for an individual who has a hearing or speech disability to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability to communicate using voice communication services by wire or radio. Such term includes services that enable two-way communication between an individual who uses a text telephone or other non-voice terminal device and an individual who does not use such a device, speech-to-speech services, video relay services and non-English relay services.

TRS supersedes the terms "dual party relay system," "message relay services," and "TDD Relay."

4.1.53 Text Telephone (TTY): A machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system. TTY supersedes the term "TDD" or "telecommunications device for the deaf," and TT.

4.1.54 Three-Way Calling Feature: A TRS feature that allows more than two parties to be on the telephone line at the same time with the CA.

4.1.55 Translation/Interpretation: The act of voicing ASL into spoken English or typing spoken English back to an ASL user, in an English structure matching the register of the ASL user.

4.1.56 TSP: The Telecommunications Service Priority Program authorizes national security and emergency preparedness (NS/EP) organizations to receive priority treatment for vital voice and data circuits or other telecommunications services.

4.1.57 User: Includes either the calling or called party in a relay call.

4.1.58 Video Relay Service (VRS): A telecommunications relay service that allows people with hearing or speech disabilities who use sign language to communicate with voice telephone users through video equipment. The video link allows the video relay interpreter to view and interpret the party's signed conversation and relay the conversation back and forth with a voice caller.

4.1.59 Voice Carry-Over (VCO): A form of TRS where the person with the hearing disability is able to speak directly to the other end user. The CA types the response back to the person with the hearing disability. The CA does not voice the conversation. Two-line VCO is a VCO service that allows TRS users to use one telephone line for voicing and the other telephone line for receiving TTY messages. A VCO-to-TTY TRS call allows a relay conversation to take place between a VCO user and a TTY user. VCO-to-VCO allows a relay conversation to take place between two VCO users.

4.1.60 WPM: Words per minute.

4.2 OPERATIONAL STANDARDS

4.2.1 COMMUNICATIONS ASSISTANT (CA)

4.2.1.1 TRS providers are responsible for requiring that all CAs be sufficiently trained to effectively meet the specialized communications needs of individuals with hearing and speech disabilities.

4.2.1.2 CAs must have competent skills in grammar, spelling, interpretation of typewritten ASL, and familiarity with hearing and speech disability cultures, languages, and etiquette. CAs must possess clear and articulate voice communications.

4.2.1.3 Aids may be used to reach the communication requirements. Providers must give oral-to-type tests of CA speed.

4.2.1.4 CAs answering and placing a TTY-based TRS call must stay with the call for a minimum…