S000000286 PREA Auditing Services Solicitation.pdf

STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220

Little Rock, Arkansas 72201-1023

REQUEST FOR PROPOSAL

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S000000286 Solicitation Issued: April 1, 2024

Description: PREA Auditing Services

Department: Department of Corrections

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Proposal Opening Date: April 29, 2024 Proposal Opening Time: 2:00 PM, Central Time

Proposal submissions for this Request for Proposal must be submitted through ARBuy, the State’s eProcurement system. It can be accessed at arbuy.arkansas.gov. Proposals received after the submission deadline may be rejected as untimely.

LIVE PROPOSAL OPENING INFORMATION

Teams Meeting Link: Click here to join the meeting Meeting ID: 259 489 030 262 Passcode: dbo9MJ Call in (audio only): +1 501-244-3310,,163733482# Phone conference ID: 163 733 482#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist: Austin McClane Procurement Specialist’s

Direct Phone Number: 501-371-6156

Email Address: Austin.McClane@arkansas.gov TSS OSP’s Main Number: 501-324-9316

TSS OSP Website: transform.ar.gov/procurement/ https://arbuy.arkansas.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGZhMjFmYzUtMjQ4Ni00MGIxLTk1ZGQtNzgzNTA4MGMxZWMw%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%2276b67dc6-870d-48b1-861f-b3cbdd49eeb2%22%7d tel:+15012443310,,163733482#%20 https://www.transform.ar.gov/procurement/

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SECTION 1 – GENERAL INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Request for Proposal (RFP) is issued by the TSS Office of State Procurement (TSS OSP) on behalf of the Department of Corrections to obtain pricing and a contract(s) for Prison Rape Elimination Act (PREA) auditing.

Contract(s) will be awarded to the Prospective Contractor determined to have submitted the proposal that is the most advantageous to the State. Direct all questions, comments, or concerns regarding this solicitation to the TSS OSP, not the Department.

1.2 TYPE OF CONTRACT

A. As a result of this RFP, TSS OSP intends to award a contract to a single Contractor.

B. The anticipated starting date for any resulting contract is July 1, 2024, except that the actual contract start date may be adjusted unilaterally by the State for up to three (3) calendar months. By submitting a signed proposal in response to the RFP, the Prospective Contractor represents and warrants that it will honor its proposal as being held open as irrevocable for this period.

C. The initial term of a resulting contract will be through August 19, 2025 which is the end of Audit Cycle

4. Upon mutual agreement by the Contractor and Department, the contract may be renewed by TSS OSP for up to two (2) additional three-year terms or portions thereof, not to exceed a total aggregate contract term of seven (7) consecutive years.

1.3 DEFINITION OF TERMS

A. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law have the same meaning herein.

B. "Agency” means the Department of Corrections, the Division of Correction (ADC), or the Division of Community Correction (ACC).

C. “Prospective Contractor” means a responsible offeror who submits a proposal in response to this Solicitation.

D. The terms “Request for Proposal,” “RFP,” and “Solicitation” are used synonymously in this document.

E. “Requirement” means a term, condition, provision, deliverable, Specification, or a combination thereof, that is obligated under the Solicitation, resulting contract, or both.

F. “Responsive Proposal” means a proposal submitted in response to this Solicitation that conforms in all material respects to this RFP.

G. “Shall” and “must” mean the imperative and are used to identify Requirements.

H. “Specification” means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service. “Specification” may include a description of any Requirement for inspecting, testing, or preparing a commodity or service for delivery.

I. “State” means the State of Arkansas. When the term “State” is used herein to reference any obligation of the State under a contract that results from this Solicitation, that obligation is limited to the Department using such a contract.

J. “Warden/Superintendent” means the person in charge of a prison or community confinement facility.

1.4 SOLICITATION SCHEDULE

For informational purposes, TSS OSP is providing a Solicitation Schedule; however, dates listed and noted with an asterisk (*) are anticipated dates only and are subject to change at the discretion of the State. All times are listed in Central Time.

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TABLE A: TENTATIVE SOLICITATION SCHEDULE

ACTIVITY DATE

RFP Release to Prospective Contractors April 1, 2024 Deadline for Prospective Contractor Questions April 8, 2024 Answers to Questions Posted to ARBuy* April 15, 2024 Proposal Due Date April 29, 2024 at 2:00pm Initial Proposal Evaluation* April 30, 2024 Interviews* May 6 & 7, 2024 Final Proposal Evaluation* May 7, 2024 Discussions Kick Off Meeting* May 9, 2024 Finalize Discussions* May 23, 2024 Post Anticipation to Award* May 23, 2024 Award Contract* June 24, 2024

1.5 CLARIFICATION OF SOLICITATION

A. Submit questions requesting clarification of information contained in this Solicitation via the

Solicitation posting in ARBuy by the date and time listed in Table A.

1. For each question submitted, Prospective Contractor should reference the specific Solicitation item number to which the question refers, as applicable.

2. Prospective Contractors’ written questions will be consolidated and responded to by the State as deemed appropriate. The State’s consolidated written response is anticipated to be posted to the Solicitation posting in ARBuy by the close of business on the date provided in Table A. If Prospective Contractor questions are unclear or non-substantive in nature, the State may request clarification of a question(s) or decline to answer.

B. The Prospective Contractor should notify the TSS OSP Procurement Specialist of any term, condition, etc., that precludes the Prospective Contractor from submitting a compliant, Responsive Proposal. Prospective Contractors should note that it is the responsibility of the Prospective Contractor to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a proposal.

C. Prospective Contractors may contact the TSS OSP Procurement Specialist with non-substantive questions at any time prior to the proposal opening.

D. An oral statement by TSS OSP will not be part of any contract resulting from this Solicitation and may not reasonably be relied on by any Prospective Contractor as an aid to interpretation unless it is reduced to writing and expressly adopted by TSS OSP.

E. Only an addendum written and authorized by the State will modify the Solicitation.

1. An addendum posted within three (3) calendar days prior to the proposal opening may extend the proposal opening and may or may not include changes to the Solicitation.

1.6 RESPONSE DOCUMENTS

A. All proposal responses must be submitted through ARBuy, the State’s eProcurement system. The system can be accessed at arbuy.arkansas.gov.

1. Prospective Contractors must be registered in ARBuy to submit proposals responses.

B. Technical Proposal Packet https://arbuy.arkansas.gov/

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1. Responses within the Information for Evaluation and Exceptions sections must not contain the Prospective Contractor’s name or any other identifiers, including without limitation names of staff members, projects, clients, products, and addresses.

2. Prospective Contractors shall utilize the Technical Proposal Packet to submit their responses.

3. The following items are proposal Submission Requirements and must be submitted as part of a Prospective Contractor’s proposal response.

a. Signed Proposal Signature Page; signature may be ink or digital.

b. Technical Proposal response to the Information for Evaluation section included in the Technical Proposal Packet, which must be in the English language.

c. Completed Official Solicitation Price Sheet attached to the Solicitation in ARBuy

i. Pricing must be proposed in U.S. dollars and cents.

ii. Quantities stated are estimates only and are not guaranteed. Prospective Contractor must submit unit price on the estimated quantity and unit of measure specified.

• The State may order more or less than the estimated quantity on term contracts, and the Contractor shall sell to the Department quantities ordered at no more than the submitted price.

iii. If pricing documents do not allow for accurate pricing, Prospective Contractor should notify the OSP Procurement Specialist at least seventy-two (72) hours before the proposal opening time.

iv. Prices must be firm offers and adjustments may be negotiated at the time of contract renewal/annually/quarterly.

• A request for a price increase must include supporting documentation demonstrating that the increase in contract price is based on an increased cost to the Contractor and that the proposed pricing is still competitive in the marketplace. The State has the right to approve or deny any request for a price adjustment.

v. Discount from list pricing is not acceptable unless requested elsewhere in the Solicitation.

vi. State or local sales taxes should not be included in the price. Trade discounts should be deducted from the unit price and the net price should be shown in the Pricing Response.

d. Recommended Options Form

i. The Recommended Options form included in the Technical Proposal Packet allows Prospective Contractors to identify any recommended options or optional service ideas that may benefit the State that were not included in the Requirements and the proposed solution.

e. Copy of Prospective Contractor’s Equal Opportunity Policy

i. Pursuant to Arkansas Code Annotated § 19-11-104, OSP requires a Prospective Contractor bidding on a state contract to submit a copy of the Prospective Contractor’s Equal Opportunity (EO) Policy.

ii. Prospective Contractors not required by law to have an EO Policy must submit a written statement to that effect.

f. Proposed Subcontractors Form (see SRV-1, section 14)

4. The following items, which must be submitted prior to a contract award to the Prospective Contractor, may also be included with the Prospective Contractor’s proposal:

https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf

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a. EO 98-04: Contract and Grant Disclosure Form (see SRV-1, section 11)

5. Prospective Contractors should not include any other documents or ancillary information, such as a cover letter or promotional/marketing information.

C. Redacted copy of the Technical Proposal Packet

1. One (1) redacted (marked “REDACTED”) copy of the Prospective Contractor’s proposal response (see Proprietary Information), if applicable.

D. Prospective Contractors should not alter language in Solicitation document(s) or Official Proposal Price Sheet provided by the State.

E. Prospective Contractor’s proposals cannot be altered or amended after the proposal opening except as permitted by law or rule.

F. Prospective Contractors may submit multiple proposals.

https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf

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SECTION 2 – REQUIREMENTS

2.1 BACKGROUND AND CURRENT ENVIRONMENT

The Prison Rape Elimination Act (PREA) Standards require corrections agencies to audit each of their facilities once in every three-year audit cycle.

The Agency is searching for a PREA auditor to conduct audits for half of the Department of Corrections facilities. State and local corrections agencies are responsible for hiring DOJ PREA Certified Auditors to conduct these audits through their contracting mechanisms.

The DOJ certifies auditors and makes the list of all certified auditors available on the PREA Resource Center (PRC) website.

Current Facility Demographics are included with the RFP posting as Attachment A: Facility Demographics for Audits.

2.2 PROSPECTIVE CONTRACTOR MINIMUM QUALIFICATIONS

A. The Contractor shall be certified by the Department of Justice to conduct PREA audits for adult facilities and meet one or more of the following criteria:

1. Be a member of a correctional monitoring body that is not part of, or under the authority of, the Agency.

2. Be a member of an auditing entity such as an inspector general’s or ombudsperson’s office that is external to the Agency or other outside individuals with relevant experience.

3. Be an outside entity with other relevant experience.

B. The Contractor shall not be a person who has received financial compensation from the DOC within the three years prior to the Agency’s retention of the auditor.

2.3 AUDIT REQUIREMENTS

A. Pursuant to PREA Standard § 115.401, the Contractor shall review Agency-wide policies, procedures, reports, accreditations, and electronically available data.

B. The Contractor shall interview a representative sample of offenders, staff, supervisors, and administrators.

C. The Contractor shall receive a satisfactory background check prior to the onsite audit for authorization into the facilities.

D. Sixteen (16) community confinement facilities and fifteen (15) prisons must be audited by the end of Cycle 4, Year 3, which is August 20, 2025.

E. The interim and final PREA audit report must be submitted through the PREA Resource Center’s Online Audit System (OAS) portal. Renewal of the contract will be determined at the conclusion of each audit cycle.

F. The Contractor shall review all relevant Agency-wide policies, procedures, reports, internal and external audits, and accreditations for each facility type.

G. The Contractor shall review, at a minimum, a sampling of relevant documents and other records and information for the most recent one-year period.

H. The Contractor shall have access to, and shall observe, all areas of the audited facilities.

I. The Contractor shall be permitted to request and receive copies of any relevant documents (including electronically stored information).

J. The Contractor shall retain and preserve all documentation including but not limited to video tapes and interview notes, relied upon in making audit determinations. Such documentation must be provided to the Department of Justice upon request.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9821b32dc47ca244a445cb0fec16631e&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.401 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=493342086932e7257da1b7c3ab466801&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.401

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K. The Contractor shall interview a representative sample of inmates, residents, and detainees, and of staff, supervisors, and administrators.

L. The Contractor shall review a sampling of any available videotapes and other electronically available data that may be relevant to the provisions being audited.

M. The Contractor shall be permitted to conduct private interviews with inmates, residents, and detainees.

N. Inmates, residents, and detainees shall be permitted to send confidential information or correspondence to the auditor in the same manner as if they were communicating with legal counsel.

O. The Contractor shall attempt to communicate with community-based or victim advocates who may have insight into relevant conditions in the facility.

2.4 AUDIT CONTENTS AND FINDINGS

A. Each audit must include a certification by the auditor that no conflict of interest exists with respect to his or her ability to conduct an audit of the Agency under review.

B. Audit reports must state whether Agency-wide policies and procedures comply with relevant PREA standards.

C. For each PREA standard, the Contractor shall determine whether the audited facility reaches one of the following findings:

1. Exceeds Standard which means the facility substantially exceeds requirement of standard.

2. Meets Standard which means the facility is in substantial compliance. It complies in all material ways with the standard for the relevant review period.

3. Does Not Meet Standard which means the facility requires corrective action.

D. The Contractor shall indicate, among other things, the number of provisions the facility has achieved at each grade level.

E. Audit reports must describe the methodology, sampling sizes, and basis for the auditor's conclusions with regard to each standard provision for each audited facility, and must include recommendations for any required corrective action.

F. The Contractor shall redact any personally identifiable inmate or staff information from their reports, but must provide such information to the Agency upon request, and may provide such information to the Department of Justice.

2.5 CORRECTIVE ACTION PLAN

A. A finding of “Does Not Meet Standard” with one or more standards must trigger a 180-day corrective action period.

B. The Contractor and the Agency shall jointly develop a corrective action plan to achieve compliance.

C. The Contractor shall take necessary and appropriate steps to verify implementation of the corrective action plan, such as reviewing updated policies and procedures or re-inspecting portions of a facility.

D. After the 180-day corrective action period ends, the Contractor shall issue a final determination as to whether the facility has achieved compliance with those standards requiring corrective action.

E. If the Agency does not achieve compliance with each standard, it may (at its discretion and cost) request a subsequent audit once it believes that is has achieved compliance.

2.6 DEPARTMENT OF CORRECTIONS SECURITY REQUIREMENTS

A. Background Checks https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=305665488eb936fae6baa915dde44f42&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.401 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=5855853fcc55978b6f57ba08bdad48d4&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.401 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=493342086932e7257da1b7c3ab466801&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.401 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9821b32dc47ca244a445cb0fec16631e&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.403 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9821b32dc47ca244a445cb0fec16631e&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.403 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=493342086932e7257da1b7c3ab466801&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.403 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=493342086932e7257da1b7c3ab466801&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.403 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=493342086932e7257da1b7c3ab466801&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.403 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=2117f500d76b42a1b7419906aa5e9ebd&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.403 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=305665488eb936fae6baa915dde44f42&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.403 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9821b32dc47ca244a445cb0fec16631e&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.403 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9821b32dc47ca244a445cb0fec16631e&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.404 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=493342086932e7257da1b7c3ab466801&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.404 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=493342086932e7257da1b7c3ab466801&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.404 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9821b32dc47ca244a445cb0fec16631e&term_occur=999&term_src=Title:28:Chapter:I:Part:115:Subpart:E:115.404

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1. At commencement of contract award and prior to the onsite audit, DOC shall conduct Federal and State Criminal Background Checks on all personnel involved in any aspect of the process described in this RFP.

2. The Contractor shall provide information necessary to conduct Criminal Background Checks on all key personnel and subcontractors who perform or supervise work on this contract for purposes of auditing.

3. The Agency shall have the right to refuse personnel based on results of the criminal background checks.

B. The Contractor shall adhere to DOC policy, procedures, and conduct standards. The Contractor will be provided with all such information by DOC for review and signature.

C. The Department reserves the right to screen for drugs and alcohol.

D. Initial and continued employment of the Contractor’s staff shall be subject to approval of DOC Administration. The DOC reserves the right to require that the Contractor remove any employee that the Warden/Superintendent or designee feels to be a threat to the health or safety of staff/offenders, security of the DOC facility, or quality of the service provided by the Contractor.

E. The individual facility’s rules, regulations, and procedures governing the entry and conduct of staff working inside the facility will be made available and explained at the point of entry. The Department of Corrections reserves the right to deny entrance to anyone who is suspected of a breach of security or for failure to follow published rules, regulations, or procedures.

F. All personnel entering a correctional facility shall be subject to a search of their person and personal items. Such searches may include, but are not limited to, frisk searches, searches by metal detectors or searches by narcotics detection canines.

G. Any attempts to introduce contraband, to assist in escape, or to have unauthorized contact with offenders or wards of a facility are prohibited and will be prosecuted under the provisions of the State. The Contractor’s personnel shall be prohibited from bringing into or taking out of the institution any items unless specifically approved. Any interaction between a Contractor’s employee and an inmate which assists the prisoner to escape is a felony and will be prosecuted. Contractor’s personnel shall not deliver, receive, or otherwise transfer any item, no matter how harmless, to or from an inmate without express permission of the Warden/Superintendent or his designee.

H. Contractor personnel or representatives are limited to movement to, from and within their assigned work area unless accompanied by security personnel. No contact is allowed with offenders unless expressly approved by the DOC.

I. No person who appears to be under the influence of drugs or alcohol will be allowed entry into a correctional facility.

J. Contractor personnel shall be in possession of a valid identification with a recent, clear photo in order to enter the facility. All Contractor personnel are required to be dressed appropriately for the duties they are performing. Contractor personnel shall not wear any clothing that is similar to or could be mistaken for an inmate uniform. Clothing that is short, tight-fitting, or revealing is not appropriate attire for a prison environment. Individuals so dressed will be asked to change their clothing or leave the facility.

2.7 DATA SECURITY

A. The Contractor shall not share the passwords to their computers, laptops, or other mobile devices holding sensitive PREA audit data.

B. The Contractor shall not leave sensitive PREA audit-related information, in either electronic or paper format, in a public place or outside of their supervision.

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C. The Contractor shall screen-lock or log-off any computers or devices holding sensitive PREA audit data when outside their supervision.

D. The Contractor shall ensure that individuals have the proper clearance, authorization, and need to know before providing them with access to any sensitive PREA information.

E. The Contractor shall immediately destroy when no longer needed any information not required by law or policy to be retained.

2.8 DATA OWNERSHIP AND CONTRACT TRANSITION

A. The State shall retain sole ownership, right, title and interest to all data accessed by or shared with

Contractor in the fulfillment of duties under the Contract.

B. At the end of the contract and after confirmed transfer of one hundred percent (100%) of the State-owned data, deliverables, and products the Contractor has created, developed, produced, and managed while performing the services outlined in this RFP back to the State or their designee, the Contractor shall destroy all copies of the State-owned data the Contractor possesses and provide Department of Corrections a confirmation letter certifying that all data has been destroyed.

1. The data must be transferred electronically through the PREA Resource Center’s Online Audit System (OAS) portal.

2. The Contractor shall provide all data through the OAS system.

C. The Contractor shall ensure all data received as part of the Contract is used solely for the purpose of this contract and not shared, reused, or disseminated to any other party or entity without the express written consent of the DOC designated representative or as otherwise required under applicable State and Federal laws.

2.9 PERFORMANCE STANDARDS

A. State law requires that qualifying contracts for services include Performance Standards for measuring the overall quality of services that a Contractor shall provide.

B. The State may be open to negotiations of Performance Standards prior to contract award, prior to the commencement of services, or at times throughout the contract duration.

C. Performance Standards shall not be amended unless they are agreed to in writing and signed by the parties.

D. Failure to meet the minimum Performance Standards as specified will result in the assessment of damages.

E. In the event a Performance Standard is not met, the Contractor will have the opportunity to defend or respond to the insufficiency. The State has the right to waive damages if it determines there were extenuating factors beyond the control of the Contractor that hindered the performance of services. In these instances, the State has final determination of the performance acceptability.

F. Should any compensation be owed to the Department due to the assessment of damages, Contractor shall follow the direction of the Department regarding the required compensation process.

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SECTION 3 – SELECTION

3.1 SELECTION PROCESS

A. TSS OSP will review each Technical Proposal Packet to verify Submission Requirements have been met. Technical Proposal Packets that do not meet Submission Requirements will be rejected and will not be evaluated.

1. The State may conduct cost checks based on the cost submitted by each Prospective Contractor on the completed Pricing Response.

a. Prospective Contractors submitting Responsive Proposals with a proposed cost that falls twenty-five percent (25%) or more from the average submitted cost may be asked to justify their submitted cost.

b. Should TSS OSP request clarification and/or additional information regarding cost, Prospective Contractors shall provide clarification and/or additional information as specified by the request.

B. A Department-appointed Evaluation Committee will evaluate and score qualifying Technical Proposals. Evaluation will be based on Prospective Contractor’s response to the Information for Evaluation section included in the Technical Proposal Packet.

1. Members of the Evaluation Committee (Evaluators) will individually review and evaluate proposals and complete an Individual Score Worksheet for each proposal. Individual scoring for each Evaluation Criteria will be based on the scoring description in Table B: Scoring Table.

TABLE B: SCORING TABLE

SCORE DESCRIPTION

10 The response provides metrics clearly establishing that the Prospective Contractor is reliable and capable of fully performing the required services.

The response provides metrics suggesting that the Prospective Contractor’s level of performance may be acceptable, but it does not clearly establish that the Prospective Contractor is reliable and capable of fully performing the required services.

0 The response provides metrics clearly establishing that the Prospective Contractor is unreliable and incapable of fully performing the required services.

2. After initial individual evaluations are complete, the Evaluators will meet to discuss their individual scores. At the initial consensus meeting, each Evaluator will be afforded an opportunity to discuss his or her score for each evaluation criteria.

3. After Evaluators have had an opportunity to discuss their individual scores with the committee, the Evaluators will be given the opportunity to change their initial individual scores, if they feel that is appropriate.

4. The final individual scores of the Evaluators will be recorded on the Pre-Interview Consensus Score Sheets and averaged to determine the group or consensus score and rank for each proposal.

5. Other agencies, consultants, and experts may also examine documents at the discretion of the Department.

C. Prospective Contractors submitting Responsive Proposals will be contacted by TSS OSP to schedule an interview.

1. Prospective Contractors shall attend the interview as scheduled by TSS OSP.

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2. Evaluators will complete an Individual Score Worksheet for each interview. Evaluation will be based on Prospective Contractor’s responses to questions presented during the interview Individual scoring for each interview will be based on the Scoring Descriptions in 3.1.B.1.

3. During a final consensus meeting, after all interviews are complete, Evaluators will have the opportunity to discuss the interviews and change their individual interview scores on the Post- Interview Consensus Score Sheet, if they feel that is appropriate.

4. The final individual scores of the Evaluators will be recorded on the Post-Interview Consensus Score Sheets and averaged to determine the group or consensus score and rank for each proposal.

D. During the final consensus meeting, cost information will be provided to the Evaluators to allow them to determine if moving forward with the highest-ranking Prospective Contractor is the most advantageous to the State.

E. Should the State request clarification and/or additional information Prospective Contractors’ responses, Prospective Contractors shall provide clarification and/or additional information as specified by the State.

F. TSS OSP will submit responses and pricing received from the interviewed Perspective Contractors, along with the Evaluation Committee’s recommendation to the Department for review and approval to move into Discussions.

3.2 TECHNICAL PROPOSAL SCORE

A. The Information for Evaluation section has been divided into sub-sections.

1. Each sub-section has been assigned a maximum point value of ten (10) points. The total point value for each sub-section is reflected in the table below as the Maximum Raw Points Possible.

2. The Department has assigned Weighted Percentages to each sub-section according to its significance.

INFORMATION FOR EVALUATION

SUB-SECTIONS

MAXIMUM

RAW

POINTS

POSSIBLE

SUB-SECTION’S

WEIGHTED

PERCENTAGE

* MAXIMUM

WEIGHTED

SCORE

POSSIBLE

Experience 10 20% 140 Solution 10 30% 210 Risk 10 20% 140 Interview 10 30% 210

Total Technical Score 40 100% 700 *Sub-Section’s Percentage Weight x Total Technical Maximum Weighted Score = Maximum Weighted Score Possible for the sub-section.

B. The proposal’s weighted score for each sub-section will be determined using the following formula:

(A/B)*C =D

A = Actual Raw Points received for sub-section in evaluation B = Maximum Raw Points possible for sub-section C = Maximum Weighted Score possible for sub-section D = Weighted Score received for sub-section

C. The proposal’s weighted scores for sub-sections will be added to determine the Total Technical Score for the proposal.

D. Proposals that do not receive a minimum Total Technical Score of 300 will not be subject to further consideration in the Solicitation process. The pricing for proposals that do not receive a minimum Total Technical Score of 300 will not be scored.

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3.3 COST SCORE

A. When pricing is opened for scoring, the maximum amount of cost points will be given to the proposal with the lowest All-Inclusive Grant Total as shown in Table One (1) on the completed Pricing Response. (See Grand Total Score for maximum points possible for cost score.)

B. The amount of cost points given to the remaining proposals will be allocated by using the following formula:

(A/B)*C =D

A = Lowest Estimated Cost B = Second (third, fourth, etc.) Lowest Estimated Cost C = Maximum Points for Lowest Estimated Cost D = Total price points received

3.4 GRAND TOTAL SCORE

The Technical Score and Cost Score will be added together to determine the Grand Total Score for the proposal. The State may move forward to Discussions with the Prospective Contractor determined reasonably susceptible of being selected for award.

MAXIMUM

POINTS

POSSIBLE

Technical Proposal 700

Cost 300

Maximum Possible Grand Total Score 1,000

3.5 EXPLANATION OF THE SUB-SECTIONS OF THE TECHNICAL PROPOSAL

A. Experience

1. The Experience sub-section included in the Technical Proposal Packet allows Prospective Contractors to differentiate themselves based on their experience, technical capability, and understanding of the State’s specific needs.

2. Prospective Contractors should identify expertise in the form of a claim and provide relevant experience to support each claim.

3. Prospective Contractors should use verifiable metrics (number of accounts, size of accounts, years of experience, customer satisfaction ratings) to support each claim.

B. Solution

1. The Solution sub-section included in the Technical Proposal Packet allows Prospective Contractors to differentiate themselves based on their proposed solution and/or approach to solve the State’s specific needs.

2. Prospective Contractors should provide a high-level overview of the Prospective Contractor’s proposed solution and/or approach to services using the Requirements outlined in the RFP.

3. Proposed solutions should be non-technical and include the Prospective Contractor’s recommendations for meeting the objectives and Requirements of the RFP.

4. Additional service options and recommendations above and beyond those included in proposed solution should be included in the Recommended Options Form.

C. Risk

1. The Risk sub-section included in the Technical Proposal Packet allows Prospective Contractors to identify and prioritize major risks that they reasonably foresee could potentially prevent or impair the Prospective Contractor’s delivery of the solution as offered in the proposal or to

Rev 10/2023 Page 13 of 18 otherwise fail to meet the State’s desired outcome, specifications, and performance standards, and how they will mitigate, manage, and/or minimize each risk listed.

a. Prospective Contractors should include sources, causes, or actions that are both within and beyond the control of the Prospective Contractors that they reasonably foresee may cause cost increases, delays, amendments, or dissatisfaction to the State.

b. Risks should be described in simple, clear, and non-technical terms.

c. Prospective Contractor should explain how the Prospective Contractor will mitigate, manage, and/or minimize each risk listed.

i. The Documented Performance cell should include details such as how many times any identified risk was previously mitigated and the impact on the Prospective Contractor’s performance in terms of time, cost, and client satisfaction.

D. Interview

1. The Interview will allow Prospective Contractors to further demonstrate their experience in providing the services outlined in the RFP.

a. Each Prospective Contractor meeting the Submission Requirements will be contacted by TSS OSP to schedule an interview. Prospective Contractors shall attend the interview as scheduled by TSS OSP.

b. Prospective Contractors shall identify one (1) Project Lead at the time of interview confirmation who shall attend the interview as part of the evaluation process.

c. The Evaluation Committee will interview the Prospective Contractor’s identified Project Lead using a pre-determined set of interview questions. Follow up questions may be asked based on responses given by the Project Lead.

3.6 DISCUSSIONS

A. The State will move forward into Discussions with the responsible Prospective Contractor(s) whose proposal(s) have been determined to be reasonably susceptible to being selected for award.

B. Discussions may be conducted with the highest-ranking Prospective Contractor based on the Grand Total Score for each proposal or with multiple Prospective Contractors reasonably susceptible of being awarded a contract.

C. Should the State choose to engage in Discussions with the highest-ranking Prospective Contractor, the Prospective Contractor invited to participate in Discussions shall provide all documents required during Discussions.

1. Should the Department determine, through the Discussions process, that the Prospective Contractor’s solution, approach, timelines, deliverables, expectations of the State, or a combination thereof make the Prospective Contractor no longer reasonably susceptible of being awarded a contract, the Department may abandon Discussions with that Prospective Contractor through a written justification to TSS OSP, and may proceed to additional rounds of Discussions with the next highest-ranking Prospective Contractor.

D. Should the State choose to engage in Discussions with multiple Prospective Contractors contemporaneously, each Prospective Contractor invited to participate in Discussions shall provide all documents required during Discussions.

1. Should a Prospective Contractor not provide the required documents within timeframes requested by TSS OSP or choose not to engage in the Discussions process, the Prospective Contractor’s proposal will be considered withdrawn and will not be subject to further consideration in the Solicitation process.

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E. If Discussions necessitate material revisions of proposals, each responsible Prospective Contractor reasonably susceptible of being awarded a contract will be provided an opportunity to revise its proposal for the purpose of submitting a best and final offer.

F. During the Discussions Kick Off Meeting, the Prospective Contractor shall provide the following documents to the State:

1. A detailed scope of work clearly identifying the Prospective Contractor’s understanding, implementation, and performance of services required in this RFP, including all activities required by the Contractor and all activities expected by the State/Participating Entities

2. A Risk Management Plan intended to mitigate any risks, including but not necessarily limited to, the risks identified in the Risk Plan submitted in the Prospective Contractor’s Technical Proposal Packet

3. A proposed financial summary, including:

a. The completed Pricing Response and Recommended Options Form submitted in the Prospective Contractor’s Technical Proposal Packet

b. A proposed payment schedule

4. Proposed project management and reporting templates

G. During the Discussions Kick Off Meeting, the Prospective Contractor shall address questions and/or concerns the State may have to the satisfaction of the State.

H. During Discussions, the Prospective Contractor shall revise the discussions documents until agreement is made and the State has provided final approval.

1. The Prospective Contractor shall attend follow up Discussions meeting as determined necessary by the State. Reasonable effort will be made to accommodate scheduling conflicts.

I. During Discussions, the Prospective Contractor shall present a final draft of the Discussions documents to the State, including, at minimum:

1. A summary of all plans and scope of work developed during the discussions process and mutually agreed upon by the State and the Prospective Contractor

2. A detailed scope of work clearly identifying the Prospective Contractor’s implementation and performance of services required in this RFP, including all provisions negotiated and agreed upon by the State and the Prospective Contractor since the Discussions Kick Off Meeting

3. Description of deliverables in terms of simplified metrics

4. The Risk Management Plan

5. Project management and reporting templates

6. Financial summary, including:

a. The completed Pricing Response submitted in the Prospective Contractor’s Technical Proposal Packet

b. A list of agreed upon and accepted recommended options (with impact to price)

c. A payment schedule

d. Contact information for the Prospective Contractor’s key personnel

J. During Discussions, the Prospective Contractor shall present the final drafts of the items and shall summarize the coordination and planning completed during the discussion process.

K. Once approved by the State, final drafted documents will become part of the resulting contract.

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L. The Prospective Contractor may determine which key personnel will attend the Discussions meetings.

3.7 ANTICIPATION TO AWARD

A. Once an anticipated Contractor has been determined, the anticipated award will be posted to the

Solicitation posting in ARBuy by the date and time listed in Section 1.4, Table A.

1. It is the responsibility of Prospective Contractors to check the ARBuy website for the posting of an anticipated award.

B. Anticipated awards will generally be posted for a period of fourteen (14) days prior to the issuance of a contract. These notices are anticipated awards only and are subject to protest.

C. A contract resulting from this Solicitation is subject to State review and approval processes prior to award, which may include Legislative review.

3.8 PROSPECTIVE CONTRACTOR ACCEPTANCE OF EVALUATION TECHNIQUE

The submission of a Technical Proposal Packet signifies the Prospective Contractor’s understanding and agreement that some subjective value judgments will be made during the evaluation and scoring of the technical proposals.

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SECTION 4 – SOLICITATON TERMS AND CONDITIONS

4.1 ACCEPTANCE OF REQUIREMENTS

A. A Prospective Contractor's past performance with the State may be used to determine if the Prospective Contractor is responsible (OSP Rule R8:19-11-229).

1. Proposals submitted by Prospective Contractors determined to be non-responsible will be rejected.

B. A single Prospective Contractor must be identified as the prime contractor.

1. The prime Contractor shall be responsible for the resulting contract and jointly and severally liable with any of its subcontractors, affiliates, or agents to the State for the performance thereof.

C. By submission of a proposal, the Prospective Contractor represents and warrants:

1. That the prices in the proposal have been arrived at independently, without any collusion with another competing Prospective Contractor.

a. Collusion violates Arkansas Procurement Law and can lead to suspension, debarment, and can be referred to the Attorney General’s officer for investigation and appropriate legal action (Arkansas Code Annotated § 19-11-240 and 19-11-245).

2. That the Prospective Contractor has not retained a person to solicit or secure the resulting contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Prospective Contractor for the purpose of securing business.

D. Prospective Contractor should not discuss the Solicitation or proposal response, issue statements or comments, or provide interviews to public media during the Solicitation and award process.

E. Qualifications and services must meet or exceed the required Specifications as set forth in the Solicitation.

F. The State will not pay costs incurred in the preparation of a proposal.

4.2 GENERAL TERMS AND CONDITIONS

A. The Contractor must be registered as a vendor to receive payment and may register online by visiting https://www.ark.org/contractor/index.html and clicking the Start Here button.

B. Pursuant to Arkansas State Procurement Law, the Contractor shall certify that, unless they offer to provide the goods or services for at least twenty percent (20%) less than the lowest certifying Prospective Contractor:

1. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of Israel (Arkansas Code Annotated § 25-1-503),

2. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of an Energy, Fossil Fuel, Firearms, or Ammunition Industry (Arkansas Code Annotated § 25-1-1102).

C. Pursuant to Arkansas Procurement Law, the Contractor shall certify that the Contractor does not knowingly employ or contract with illegal immigrants and that the Contractor shall not knowingly employ or contract with illegal immigrants during the aggregate term of any contract with the State or any of its departments, institutions, or political subdivisions (Arkansas Code Annotated § 19-11-105).

D. Specifications, drawings, technical information, dies, cuts, negatives, positives, data, other such item furnished by the State to the Contractor, or a combination thereof hereunder or in contemplation hereof or developed by the Contractor for use hereunder shall:

1. Remain property of the State.

2. Be kept confidential as permitted or required by law.

https://www.ark.org/contractor/index.html

Rev 10/2023 Page 17 of 18

3. Be used only as expressly authorized.

4. Be returned at the Contractor's expense to the F.O.B. destination point provided by the State, as requested by the State.

a. The Contractor shall properly identify items being returned.

E. The Contractor shall invoice the State as required by the Department and should not invoice the State in advance of delivery and acceptance of any goods or services (Arkansas Code Annotated § 19-4-1206).

1. The Contractor should invoice the agency by an itemized list of charges. The Department’s purchase order number and/or the contract number should be referenced on each invoice.

2. Payment will be made in accordance with applicable State of Arkansas accounting procedures upon acceptance of goods and services by the Department.

3. Payment will be made only after the Contractor has successfully satisfied the Department as to the reliability and effectiveness of the goods or services purchased as a whole.

F. The Contractor should be able to accept the State’s authorized VISA Procurement Card (p-card) as a method of payment. Price changes or additional fee(s) must not be levied against the State when accepting the p-card as a form of payment.

G. The Prospective Contractor shall certify that they are not a company owned in whole or with a majority ownership by the government of the People's Republic of China (a “Scrutinized Company”) and that they do not and shall not during the aggregate term of the resulting contract knowingly employ a Scrutinized Company as a contractor (Arkansas Code Annotated § 25-1-1203).

H. This RFP incorporates all terms of the Services Contract (SRV-1) Fillable Form (found here).

1. The contract template is attached to the Solicitation in ARBuy as a sample for your information only.

2. A Prospective Contractor’s proposal may be rejected if a Prospective Contractor takes exception to any terms, conditions, or Requirements in this RFP.

I. The Prospective Contractor agrees and shall adhere to all terms, conditions, and Requirements if selected as the Contractor.

1. Items may only be modified if the legal requirement is satisfied and approved by the State during Discussions.

4.3 MINORITY AND WOMEN-OWNED BUSINESS

A. A minority-owned business is defined by Arkansas Code Annotated § 15-4-303 as a business owned by a lawful permanent resident of this State who is:

• African American

• American Indian

• Asian American

• Hispanic American

• Pacific Islander American

• A Service-Disabled Veteran as designated by the United States Department of Veteran Affairs

B. A women-owned business is defined by Act 1080 of the 91st General Assembly Regular Session

2017 as a business that is at least fifty-one percent (51%) owned by one (1) or more women who are lawful permanent residents of this State.

C. The Arkansas Economic Development Commission conducts a certification process for minority-owned and women-owned businesses. If certified, the Prospective Contractor’s Certification Number should be included on the Proposal Signature Page.

4.4 PROPRIETARY INFORMATION

A. The release of public records is governed by the Arkansas Freedom of Information Act (Arkansas

Code Annotated § 25-19-101 et. seq.).

https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf

Rev 10/2023 Page 18 of 18

B. Submission documents pertaining to the Solicitation become the property of the State and are subject to the Arkansas Freedom of Information Act (FOIA).

C. In accordance with FOIA, and to promote maximum competition in the State competitive sealed proposals, the State may maintain the…