SCCF_FRP_32944-00009_RELEASE%202.pdf

09-20-18 RFP-AMEND

RFP # 32944-00009 – Amendment # 1 Page 1

STATE OF TENNESSEE

DEPARTMENT OF CORRECTION

REQUEST FOR PROPOSALS # 32944-00009

AMENDMENT # 1

FOR OPERATIONS, MAINTENANCE AND MANAGEMENT OF SOUTH

CENTRAL CORRECTIONAL FACILITY

DATE: JANUARY 17, 2025

RFP # 32944-00009 IS AMENDED AS FOLLOWS:

1. This RFP Schedule of Events updates and confirms scheduled RFP dates. Any event, time, or date containing revised or new text is highlighted.

EVENT TIME

(central time zone)

DATE

1. RFP Issued December 16, 2024

2. Disability Accommodation Request Deadline 2:00 p.m. December 20, 2024

3. Pre-response Conference/Facility Tour TIME December 23, 2024

4. Notice of Intent to Respond Deadline 2:00 p.m. December 26, 2024

5. Written “Questions & Comments” Deadline 2:00 p.m. January 2, 2025

6. State Response to Written “Questions & Comments” and Issuance of RFP Release 2 January 17, 2025

7. Response Deadline 2:00 p.m. February 17, 2025

8. State Opens Technical Proposals and Begins Evaluations February 18, 2025

9. State Completion of Technical Response Evaluations February 24, 2025

10. State Opening & Scoring of Cost Proposals 2:00 p.m. February 25, 2025

11. Negotiations February 26-27, 2025

12. State Notice of Intent to Award Released and RFP Files Opened for Public Inspection 2:00 p.m. February 28, 2025

13. End of Open File Period March 7, 2025

14. Send to start Statutory Review Pursuant to Tenn.

Code Ann. Sections 41-24-101. et seq. March 7, 2025

15. End of Statutory Review Pursuant to Tenn. Code Ann. Section 41-24-101 et seq. April 7, 2025

16. SBC Approval Sought April 10, 2025

17. State sends contract to Contractor for signature April 15, 2025

18. Contractor Signature Deadline 2:00 p.m. April 22, 2025

19. Transition Period (if applicable) From date of Contractor execution of the Contract to the Contract Start date

20. Contract Start Date July 1, 2025

2. State responses to questions and comments in the table below amend and clarify this RFP.

Any restatement of RFP text in the Question/Comment column shall NOT be construed as a change in the actual wording of the RFP document.

RFP # 32944-00009 – Amendment # 1 Page 2

RFP

SECTION

PAGE

# QUESTION / COMMENT STATE RESPONSE

Current contract section A.6.j.2.d.

1. The current SCCC contract includes the following: "Compliance with Tenn. Code Ann.§ 4- 6-143. The Contractor shall comply with Tenn.

Code Ann.§ 4-6-143 including but not limited to compensation for teachers." It appears that requirement has been left out of the current RFP Solicitation. Please confirm that this requirement is not applicable under the new contract.

That statute was removed in error.

TDOC will add a reference to the statute through this amendment (See Amendment Item 3 below).

Proposers should be aware that TCA § 4-6-143 was amended effective July 1, 2022, to remove the language regarding compensation restrictions for teachers in the special school district of penal and reformatory institutions so no specific reference to compensation will be added.

Schedule of Events

7 2. RFP page 7, Event 13 of the RFP Schedule references Open File Period, which is not a defined term. Please define this term. The Open File period is the seven calendar-day period during which the procurement files are open for public inspection.

(SeeRFP

4.4 and C.14; Pro Forma Contract Section D.5.

13 and 25 and

3. RFP page 13, Section 4.4 Assignment and Subcontracting and RFP page 25, Item C.14 require Proposers to identify subcontractors they intend to use in the performance of the Contract. Similarly, page 57, Section D.5 of the pro forma contract requires the Contractor to obtain the prior written approval from the State before entering any subcontracts for services performed under the Contract. Please confirm that the Proposers/Contractor will only be required to list in the proposal and otherwise seek the State's prior approval for subcontractors performing an entire major area of potential operational management (e.g., food service, commissary, etc.) and are not required to list in the proposal or obtain the State's approval of vendors who will perform services in the facility (e.g., pest control, waste management services, etc.).

As stated in Section D.5 of the Pro Forma contract, vendors must list any subcontractors expected to provide services under the contract with the State in its proposal.

RFP Section 4.5

13 4. RFP page 13, Section 4.5 Right to Refuse Personnel of Subcontractors and pro forma contract page 34, section A.5.g.12, Mental Health Staffing Requirements, give the State the right to refuse any contractor or subcontractor personnel from the facility or prohibit any contractor or subcontractor personnel from performing work under the contract.

a. Will the State agree that any such refusal or prohibition will be exercised based on a determination that the person did not comply with the contract?

b. Will the State revise proforma section A.5.g.12.c. to be consistent with RFP Section 4.5 by adding the following:

"The State will document in writing the reason(s) for any removal of personnel."

The 2 sections you have referenced are not related to the same thing.

RFP page 13, Section 4.5 applies solely to subcontractors, while Pro Forma contract page 34, section A.5.g.12. applies to both the contractor’s employees or subcontractors if necessary.

A. TDOC will not agree to this.

B. TDOC will not agree to this revision.

RFP Cost Proposal and Scoring Guide

34 5. RFP page 34, the Cost Proposal & Scoring Guide. Please confirm that State construction projects at the facility that affect available capacity will be completed by the new contract date of July 1, 2025, such that all 1,642 beds at the facility will be online.

TDOC confirms that all capital projects affecting the available bed count are anticipated to be completed prior to July 1, 2025. There are other capital projects that will continue after July 1, 2025, that may temporarily limit access to some areas of the facility but will not affect the available bed count.

Proforma

A.3.b. and A.3.c.

13 6. Pro forma contract page 13, Section A.3.b, No Warranty on Licensed Facility and Section A.3.c, State Property emphasize that the State will license (lease) the premises to the Contractor on an AS IS AND WITH ALL FAULTS basis. Please confirm that the State will honor all currently pending (pre-award) and future (post award) requests/orders for systems replacement and the costs of components thereof that exceed the threshold specified in Sections A.3.h.1 Maintenance and A.3.i Exceptions to Maintenance and in a timely manner.

TDOC intends to comply with Department Policy and Contract Terms relating to the processing of all pending, current, and future maintenance work orders.

Proforma A.3.b and A.3.c.

13 7. Proforma contract page 13, Section A.3.b, No Warranty on Licensed Facility Section A.3.c, State Property emphasize that the State will license (lease) the premises to the Contractor on an AS IS AND WITH ALL FAULTS basis.

a. Please provide a list of the approved Maintenance Capital Improvement projects with their planned completion dates as well as any future planned capital improvements and associated timelines.

b. Please separately address the status of the physical plant projects that are delineated in section A.3.i of the current contract for these services.

a. STREAM on behalf of TDOC is competing the following projects:

1) Security Electronics Infrastructure, Upgrade Cameras [SBC # 142/018- 01-2006-02] with an anticipate completion on August 23, 2025

2) Life Safety Systems Upgrades [SBC # 142/018-01-2017] with an estimated completion in December

3) Domestic Water Piping Replacement – Phase 2 [SBC # 142/018-01-2023] with an estimated completion in January 2026

4) HVAC and BAS Upgrades for Housing Units/Support Buildings HVAC and BAS Replacement [SBC # 142/018-02-2023] with an estimated completion in July 2028

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# QUESTION / COMMENT STATE RESPONSE

5) SCCF Industries Building Storm Damage Roof Replacement [SBC # Pending] anticipated completion in December 2025

6) Ballfield Karts Feature (Sinkhole) anticipated completion in September 2025.

7) TDOC proposes to submit a Sallyport Replacement/ Improvement project in the 2027/2028 Capital Budget Request

8) TDOC Proposes to submit a Site Improvement project in the 2028/2029 Capital Budget Request

b. Major Maintenance Projects associated with SCCF:

1) Skylab segregation doors at entrances and kitchen doors – replace current locks with 24V locks anticipated completion in October

2) Grease trap building replacement – anticipated completion in September

3) Firing range improvements – anticipated completion in December 2025.

A.3.h.1 and A.3.i.

15-16 8. Pro forma contract pages 15-16, Sections A.3.h.1 Maintenance and A.3.i Exceptions to Maintenance. Will the State consider replacing "$25,000” with "$10,000” consistent with the current State contract for these services?

TDOC will not agree to this change.

A.3.h.

15 9. Pro forma contract page 15, Section A.3. - h Maintenance.

a. Will the Contractor be reimbursed for its cost to provide interim repairs/replacements to address projects that are on the State's Capital Plan? For example, if a replacement of a system is on the State's Capital Plan, but not yet in process, and repairs are needed to keep the old system operational, will the State reimburse the Contractor for the cost of the repair?

b. Will the State agree that the Contractor is not subject to Liquidated Damages based on items that are on the State's Capital Plan?

c. Will audit deficiencies/recommendations found for systems, and or infrastructure, included in the State's Capital Projects be remedied by the State?

a. TDOC will not agree to this change. Section A.3.i 2. of the Pro Forma contract addresses the Contractors financial responsibility for repairs to keep systems on the State’s Capital Plan operational.

b. TDOC will not assess the Contractor liquidated damages if the underlying condition is the responsibility of the State.

c. TDOC and STREAM will provide technical and fiscal support for any noted deficiencies and/or recommendations associated with ongoing or completed capital projects.

A.3.o.

18 10. Pro forma contract page 18, Section A.3.o, Security Locks and Key Control.

a. Please confirm that the State will be responsible for all costs associated with security locks and key control, including updates and enhancements as referenced in A.3.o.6.

b. If yes, would the State consider revising A.3.o.1 as follows: "The State will provide, at its expense, staffing, support staffing, materials, keys, locks, and ancillary components to fully maintain the manual and electronic locking system in the Facility."

c. If Contractor will be responsible for any costs, would the State consider adding the following: "The Contractor shall be compensated for costs associated with security locks and key control in accordance with Section C.12."

a. TDOC will provide any needed materials, keys, locks, and ancillary components to support the completed lock project. TDOC will provide updates and/or improvements to the lock systems, additional keys, and ongoing staff training.

b. TDOC will not change the wording of A.3.o.1.

c. TDOC will not agree to this change.

There will be no reimbursements to the Contractor except for guard services and HIV/Hep C medications as specified in the contract.

A.3.q.

20 11. Pro forma contract, page 20, Section A.3.q, ITS (Information Technology Services) Security Electronics and Fence Detection. Will the State consider adding the following to A.3.q.2.b: "The Contractor shall be compensated in accordance with Section C.1 2 for costs associated with mitigating equipment or system failures as a result of delays in maintenance or repairs that are the State's responsibility."

TDOC will not agree to this change.

Proforma A.3.r.2.

21 12. Proforma contract page 21, Section A.3.r.2 Destruction of Facility.

a. Will the State consider revising this section as follows: "In the event the Facility is destroyed in part for

a. TDOC will assess the operational limitations resulting from any

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# QUESTION / COMMENT STATE RESPONSE

any reason, then the Contractor remains obligated to fulfill its obligations under this contract to the extent such is possible in the portion of the Facility that remains operational. The Contractor recognizes that the inability to perform its obligations due to the destruction may result in the State seeking a compensation adjustment pursuant to C.12 and to be compensated and reimbursed for any additional costs The compensation adjustment pursuant to C.12 sufficiently addresses the State's interest in recovering any costs incurred.

(b) If the State does not agree to the revision, please identify what additional costs will be subject to reimbursement to the State.

catastrophic or weather event, not resulting from the Contractor negligence, and will make temporary adjustments in inmate population to balance the availability of facilities, infrastructure support, and staffing.

b. Section C.12 already outlines and describes fiscal adjustments to cover any destruction of facility events.

A.5.1.a.

25 13. Proforma contract page 25, Section A.5.a.1, Operation of Facility, includes applicable "court decisions, and Court Orders and consent agreements" in the definition of "Standards." Will the State please identify all applicable court decisions and orders and consent agreements?

TDOC is not aware of any current court decisions, court orders, or consent agreements, however that section of the contract says, “as may be enacted or rendered”, so at any time there could be a new court decision, court order, or consent agreement that the Contractor must abide by.

A.5.3.

25 14. Pro forma contract page 25, Section A.5.a.3, Obligations of Contractor. Will the State consider revising this section, consistent with language at A.5.a.2 as follows: "Such other Policies as the State may make applicable to the Contractor in writing during the term of the Contract as same may be revised during the term of this Contract. The State shall provide Contractor notice of such other policies at the email address provided in Section D.2;"

TDOC will agree to add language to this section of the Pro Forma contract. (See Amendment Item 3 below)

A.5.d.

26 15. Pro forma contract page 26, Section A.5.d. Policy and Procedures Manual. Will the State consider adding the following sentence at the end of this section: "Any additional compensation for changes in the scope of services as a result of the State's requirement to revise the manual or plan shall be determined in accordance with Section C.12."

The Contractor may request such an increase. Approval for any such request is subject to TDOC’s discretion and available funds.

A.5.g.1.a.

27 16. Proforma contract page 27, Section A.5.g.1.a, Physician Coverage. Will the State consider revising the third sentence in this section as follows: "The Contractor shall provide an on- call Physician licensed independent practitioner to ensure twenty-four (24) hour, seven

(7) days per week emergency coverage with telephone response being required within thirty (30) minutes of a notification call from the Facility. A physician will be available for escalated health care needs."

TDOC will not agree to either of the suggested changes. Section A.5.g.1.a. has been revised. (See Amendment Item 3 below)

A.5.g.1.a.

27-28 17. Pro forma contract pages 27-28 Section A.5.g.1.a, the RFP states the Contractor’s Physician "is the Physician of record for all Inmates and retains that responsibility until the Inmate care is officially transferred to another licensed clinician." Does this official transfer to another licensed clinician occur when the patient is transferred to another TDOC facility or is transferring the care to another clinician a separate process?

The official transfer takes place when the patient is transferred to another TDOC facility. Inmate care is picked up by the receiving facility once the inmate has been admitted. From that point, all medical care then becomes the responsibility of the receiving facility.

A.5.g.5.

30 18. Pro forma contract page 30, Section A.5.g.5.s.v., Immunizations.

Consistent with the current State contract for these services, will the State consider revising this section as follows: "Hepatitis BG vaccination will be provided to inmate workers where there is a high risk of exposure;

and."

TDOC will accept this change. (See Amendment Item 3 below)

A.5.g.6.b.

30 19. Pro forma contract page 30, Section A.5.g.6.b, the RFP states infirmary beds will be used for "Medical conditions which prevent the Inmate from managing activities in general population but do not warrant a transfer to a Regional Sub-Acute Center." Will the State expect this facility to continue to function as a sub-acute center?

Yes, TDOC expects SCCF to continue to operate and manage the infirmary beds for sub-acute care.

a.5.g.7.

31 20. Pro forma contract page 31, Section A.5.g.7. Chronic Care Clinics includes a list of chronic conditions for which the Contractor must provide disease-specific clinics. The State reserves the right to add to this list in the event a different chronic condition is identified as affecting the State Inmate population. Please confirm that additional compensation for providing additional disease-specific clinics that increase the Contractor's costs to operate the Facility, the Contractor will be determined in accordance with Section C.12.

The State has provided a comprehensive list of chronic diseases. It would be reasonable for the Contractor to request compensation if additional conditions were added that increased Contractor’s costs. The final decision on Contractor compensation requests will be made by TDOC in accordance with Section C.12.

A.11.e.

32 21. Pro forma contract page 32, Section A.11.e Mental Health. Will the State please define the meaning of "functional performance/outcome measures" as referenced in the first sentence?

The functional performance/outcome measures will be determined after the Contract has been awarded and will be reviewed and revised as needed on an annual basis. These measures are developed in conjunction with the Annual Customer Focused Government goals and TDOC Audit Tools.

Proforma A.11.j.

33 22. Proforma contract page 33, Section A.11.j Mental Health. Will the All students receive a TABE (Test of Basic Achievement). SPED students

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# QUESTION / COMMENT STATE RESPONSE

State please define the meaning of "special education evaluations" along with any other required tools or instruments that shall be utilized?

are reviewed and tested with the Woodcock-Johnson Test of Achievement III NU (given by the SPED teacher), and the WAIS IV (given by the psychological examiner). The Vineland II is given when Intellectual Disability is suspected, and transitions assessments are collected.

(The Onet is used for the vocational assessment. General education observations are given for reevaluations.)

A.17.a.

36 23. Proforma contract page 36, Section A.17.a. Exclusions and Limitations. Will the State please define the criteria for transfer to DSNF?

Additionally, would the state consider the TDOC Chief Medical Officer or State Clinical Services designee determining the appropriateness of transfer vs. the DSNF medical director?

When an inmates’ condition or diagnosis exceeds the level of care/treatment that can be provided at their current facility, if approved, they may be transferred to DSNF.

The TDOC Chief Medical Officer has discretion regarding all medicals moves or transfers and will make the final decision if there is a disagreement about where an inmate should receive their care.

Proforma

A.5.g.17

36 24. Pro forma contract, page 36, Section A.5.g.17, Exclusions and Limitations. Will the State consider adding the following language as Section A.5.g.17.g: "In accordance with Section A.5.g.10, the State shall be financially responsible for the cost of guards associated with inpatient hospitalizations."

TDOC will not agree to this change.

Section C.3.e. has been added to the Pro Forma contract to clarify the rate at which the Contractor will be reimbursed for the cost of the guards (See Amendment Item 3 below).

Proforma

A.5.g and A.2.

36 25. Proforma contract page 36 Section A.5.g 17. a. Exclusions and Limitations. "If the Inmate is hospitalized, the Contractor shall be responsible for Inpatient Hospital Costs up to the first FOUR THOUSAND DOLLARS ($4,000.00) per Inmate per admission."

Proforma contract page 7 Section A.2 Definitions, Item 90, "Inpatient Hospital Costs means any expenses incurred as a result of an Inmate's admission to a medical care facility, and expenses incurred as a result of out-patient treatment for emergency medical services."

Please clarify if this means that expenses incurred as a result of out-patient treatment for emergency medical services (in the absence of a subsequent inpatient admission) are also considered "Inpatient Hospital Costs" subject to the $4000 expense responsibility cap for the Contractor?

The definition in Section A.2. Item 90 will be changed. (See Amendment Item 3 below)

TDOC clarifies that expenses incurred as a result of out-patient treatment for emergency medical services (in the absence of a subsequent inpatient admission) are NOT considered “Inpatient Hospital Costs” subject to the $4,000.00 expense responsibility cap for the Contractor.

Proforma A.5.kk

47 26. Proforma contract, page 47, Section A.5.kk ACA Re-Accreditation.

Will the State consider revising this section to add the following language: "Upon request by the Contractor and prior to any ACA re-accreditation audit, the State agrees to send a letter to the ACA Director of Standards and Accreditation acknowledging the State's understanding of any Facility physical plant issues and the State's commitment to begin and complete physical plant projects for which it is responsible pursuant to Section A.3. The letter shall also include verification of funding for the project(s) and the project schedule."

TDOC will not agree to this change.

Proforma A.5.xx.

49 27. Proforma contract, page 49, Section A.5.xx, Continuity of Services.

Will the State consider adding the following language to this section:

"Additional compensation for the Contractor's costs associated with changes to vendors or the addition of services during the Term shall be determined in accordance with Section C.12."

TDOC will not agree to this change.

A.6.d

50 28. Proforma contract page 50, A.6.d, Personnel. Will the State agree to delete from the second sentence: "with the exception of mental health staffing as provided in Section A.5.g.12." Section A.5.g.12.a. provides 45 days for mental health staffing.

TDOC will not agree to this change.

Proforma

A.6.d

Appendix E

50 29. Pro forma contract page 50, Section A.6.d, Personnel and Appendix E. Consistent with the terms of the current contract for these services:

a. Will the State consider revising the last paragraph in this section as follows: "Overtime is not an acceptable method to cover staff vacancies beyond the time period for filling vacancies set forth in the prior paragraph;

provided, however, Contractor shall receive a credit against any liquidated damages assessed for vacancies exceeding forty-five (45) days for overtime costs incurred to fill vacant positions after forty-five (45) days.

Exhibit E specifies the Audit Instruments and associated Liquidated Damages related to staff vacancies."

b. Consistent with the current contract for these services, will the State revise the Liquidated Damages Schedule to clarify that liquidated damages for vacancies will be assessed after the position has been vacant for 45 days

a. TDOC will not agree to the addition of this language. On page 73 of the Pro forma contract, Section E.45.c.2.

it states that the Contractor shall be entitled to an offset of the liquidated damages amount set forth in Appendix E equal to the amount of overtime paid by the Contractor to existing employees to cover such vacant position. There is no need to add it to this section.

b. TDOC will not agree to this change.

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# QUESTION / COMMENT STATE RESPONSE

and that the Contractor will be credited for overtime hours worked at the overtime salary rate?

Proforma

C.3.d

53 30. Pro forma contract page 53, Section C.3.d Payment Methodology.

Please confirm that the annual total of all incentive payments shall not exceed 5% of the total annual contract amount. If yes, would the State consider revising the last sentence as follows: "The annual total of all incentive payments shall not exceed five percent (5%) of the total Contract price per annum."

TDOC sees no reason alter this language. This section already states the amount is calculated on an annual basis and it states that it is for the previous twelve (12) month period.

There is no need to add the word annual again.

Proforma

E.6.b.

63 31. Proforma contract page 63, Section E.6.b, Termination in Part.

(a) For what contracted services would the State assume a partial takeover?

(b) A partial takeover of the contact by the State may render the continued performance of the contract impractical or unfeasible for the Contractor. Will the State agree to allow the Contractor the right to terminate the contract in the event the State elects to exercise a partial takeover?

(c) This clause provides that any service that the Contractor is obligated to perform, including services subcontracted to a third party, may be subject to a partial takeover by the State. Thirty days' notice of the State's intent to takeover may not be adequate to satisfy the termination requirements of the subcontract. Will the State agree that any partial takeover affecting subcontracted services will be subject to a notice period that is equal to or greater than the termination notice required under any affected subcontract?

a. As stated in E.6.b. it could be any service, there is no way for TDOC to speculate as to what service it could be.

b. TDOC will not agree to this.

c. TDOC will not agree to this.

Proforma E.6 63-64 32. Proforma contract pages 63-64, Section E.6 Termination for Convenience. Consistent with the terms of the current State contract for these services, will the State agree to add the following as subparagraph c.: "c. Contractor's Right to Terminate for Convenience. The Contractor may terminate this Contract for convenience, upon giving ninety (90) days' written notice."

TDOC will not agree to this change.

Pro forma

E.15.d

67 33. Pro forma contract page 67, Section E.15.d, Indemnification Regarding Policies. Will the State consider revising this section as follows: "The Contractor agrees to send copies of any and all documents which have been filed in any lawsuit naming the Contractor and/or its employees in which concern the operation of the Facility under this Contract to the State with the exception of any filings that are under seal or protective order, or otherwise prohibited from disclosure pursuant to statute, regulation, law or court order."

TDOC will agree to this change (See Amendment Item 3 below).

Pro forma E.45.

72 34. Pro forma contract, page 72, Section E.45. Consistent with the terms of the current contract for these services, will the State revise the third paragraph as follows: "A dispute being resolved in accordance with Section C.13 shall NOT be deemed a Breach. Contractor shall not be deemed in Breach of a revised TDOC policy or new TDOC policy applicable pursuant to Section A. 5.a.2 or A.5.a.3 for thirty (30) days after receiving notice from the State of such revised or new TDOC policy OR unless specified in writing by the TDOC Commissioner or designee.

In the event of a Breach by Contractor, the State shall have available the remedy of actual damages or any other remedy available at law or equity in addition to the remedies set forth in this Section E.45."

TDOC will agree to this change (See Amendment Item 3 below).

Pro Forma E.7.d.1

73 35. Pro forma contract page 73, Section E.7.d.1), Other Contractor Breach.

a. Consistent with the terms of the current contract for these services, will the State consider revising this section as follows: "The State shall provide written notice of such Liquidated Damage Event (a "First Breach Notice") to Contractor within thirty (30) days of the Breach specifying the Liquidated Damages Event, and providing an opportunity to cure said Liquidated Damages Event within a certain time period no less than thirty (30) days from receipt of the First Breach Notice, such time period to be determined by the State in its sole discretion."

b. Will the State consider revising this section further to add the following language: "If the State does not provide Contractor the First Breach Notice within thirty

(30) days of the Breach, the Contractor shall not be subject to any penalty or liquidated damages for such Breach."

This is actually section E.45.d.1.

a. TDOC will not agree to this change.

b. TDOC will not agree to this change.

Pro Forma E.45.d.2.

Appendix E

74 36. Pro forma contract page 74, Section E.45.d.2) and Appendix E Liquidated Damages Schedule.

a. Please reconcile Section E.45.d.2, which says that liquidated damages will begin no earlier than the date of the Second Breach Notice with Appendix E, which says that for findings that repeat within 180 days of being cured, the damages will begin being assessed 5 days after the First Breach Notice is provided.

b. Does Appendix E contemplate that there will be a second "First Breach Notice" for repeat findings?

a. These are 2 different situations.

01/01/25 TDOC finds out about a breach that occurred on 12/20/24.

First Breach Notice issued on 01/02/25 with cure period of two weeks. Cure period ends on 01/16/25.

On 01/17/25 TDOC checks to see if the breach was cured and finds it was not.

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# QUESTION / COMMENT STATE RESPONSE

01/17/25 TDOC issues a Second Breach Notice stating that Liquidated Damages will begin to be assessed starting 01/20/25.

Breach is cured on 02/20/25, TDOC checks and agrees the breach has been cured. Assessment of Liquidated Damages stops on 02/20/25.

b. Yes, for example:

During a routine audit on 05/07/25 TDOC finds that the same breach that originally occurred on 12/20/25 has occurred again.

TDOC issues a First Breach Notice 05/08/25. However, since the same breach has occurred within 180 days of the first “cure” date of 02/20/25, Liquidated Damages will start 5 days after the First Breach Notice, which would be 5 days after 05/08/25.

Pro Forma E.7. d.2.

74 37. Proforma contract, page 74, Section E.7.d.2), Other Contractor Breach. Consistent with the terms of the current State contract for these services, will the State agree to add the following as subparagraph c.:

"c. In the event Contractor disagrees with the State's assessment of liquidated damages, it may file a claim against the State before the appropriate forum in Tennessee with jurisdiction to hear the claim."

TDOC will not agree to this change.

Pro Forma E.7. d.3.a

74 38. Pro forma contract page 74, Section E.7.d.3.a. Partial Default.

Consistent with the terms of the current State contract for these services, will the State consider revising the second paragraph as follows: "In the event the State declares a Partial Default, the State may withhold, together with any other damages associated with the Uncured Breach, from the amounts due the Contractor the excess cost to the State of providing the defaulted service, whether said service is provided by the State or a third party."

E.45.g

75 39. Proforma contract page 75, Section E.45.g, State Breach.

Consistent with the terms of an the current State contract for these services, will the State agree to add the following sentence to the end of this section: "In the event the State fails to make payment due under this contract within the cure period specified herein and the amount exceeds one hundred thousand dollars ($100,000), Contractor may terminate the contract upon six (6) months prior written notice to the Commissioner;

provided, however, Contractor may terminate this contract only upon the State's failure to pay an amount which is not in dispute."

TDOC will not agree to this change.

Pro Forma A.3.n.

A.5.g.11

A.5.t.

A.5. x.4.

40. The proforma contract contains several instances that would require the Contractor to make equipment, systems, plans or curriculum changes to conform to changes in the way the State operates or in response to State requests. Examples include, but are not limited to A.3.n., Telecommunications, on page 17; A.5.g.11., Mental Health, on page 32; A.5.t., Inmate Discipline, on page 42; and A.5.x.4., Inmate Record system on page 44. Please confirm that in the event the Contractor is required to make such changes, and the changes increase the Contractor's costs to operate the Facility, additional compensation will be determined in accordance with Section C.1 2.

TDOC will not agree to this change.

Appendix D page 69 41. Appendix D page 69, General Specifications for Insurance, reserves to the State the right to amend or require additional insurance coverage, coverage amounts, and endorsements. Consistent with the State's current contract for the management of the Facility, will the State revise this appendix and Section D.30 of the pro forma contract to reflect the following: "Upon written request by the State, Contractor shall revise or supplement the insurance listed on Appendix D and additional compensation for the Contractor's additional insurance costs will be determined in accordance with Section C.12."

TDOC does not agree to this revision.

3. Delete RFP #32944-0009, in its entirety, and replace it with RFP#32944-00009, Release #2, attached to this amendment. Revisions of the original RFP document are emphasized within the new release. Any sentence or paragraph containing revised or new text is highlighted.

4. RFP Amendment Effective Date. The revisions set forth herein shall be effective upon release. All other terms and conditions of this RFP not expressly amended herein shall remain in full force and effect.

06-25-24 RFP

RFP CONTENTS

SECTIONS:

1. INTRODUCTION

2. RFP SCHEDULE OF EVENTS

3. RESPONSE REQUIREMENTS

4. GENERAL CONTRACTING INFORMATION & REQUIREMENTS

5. EVALUATION & CONTRACT AWARD

ATTACHMENTS:

6.1. Response Statement of Certifications & Assurances

6.2. Technical Response & Evaluation Guide

6.3. Cost Proposal & Scoring Guide

6.4. Reference Questionnaire

6.5. Score Summary Matrix

6.6. Pro Forma Contract

Appendix A – Description of Real Property

Appendix B – Personal Property Listing

Appendix C – Listing of State Policies Applicable to Contract

Appendix D – General Specifications for Insurance

Appendix E – Liquidated Damages Schedule and Listing of Audit Instruments

Appendix F – Security Addendum

STATE OF TENNESSEE

DEPARTMENT OF CORRECTION

REQUEST FOR PROPOSALS

FOR

OPERATIONS, MAINTENANCE AND MANAGEMENT OF THE

SOUTH CENTRAL CORRECTIONAL FACILITY

RFP # 32944-00009 – RELEASE 2

Appendix G – Performance and Cost Evaluation form

Appendix H – State Resumption of Control Plan

Appendix I – Key Performance Measures

Appendix J – Pharmacy and Offsite Costs

Appendix K – Programs of Study Definitions

Attachment One – Attestation Re Personnel Used in Contract Performance

Attachment Two – Protest Bond Example

Attachment Three – Tenn. Code Ann. § 41-24-101 et seq

RFP # 32944-00009

RELEASE 2

1. INTRODUCTION

The State of Tennessee, Department of Correction, hereinafter referred to as “the State,” issues this Request for Proposals (RFP) to define minimum contract requirements; solicit responses; detail response requirements; and, outline the State’s process for evaluating responses and selecting a contractor to provide the needed goods or services.

Through this RFP, the State seeks to procure necessary goods or services at the most favorable, competitive prices and to give ALL qualified respondents, including those that are owned by minorities, women, service-disabled veterans, persons with disabilities and small business enterprises, an opportunity to do business with the state as contractors, subcontractors, or suppliers.

1.1 Statement of Procurement Purpose

Pursuant to the authority granted by Tenn. Code Ann. § 41-24-101 et. seq., the State desires to secure a contract for the operation, maintenance, and management of a 1642-bed, adult male, Level III security correctional facility located in Wayne County, Tennessee, known as the South Central Correctional Facility (the “Facility”).

The primary mission of the Facility is to house and program prisoners classified from minimum custody to and including medium custody levels with relatively long sentences. The Facility contains medium security cells with a designated operating capacity of 1642 Inmates.

The Facility opened March 1, 1992, and has been in continuous operation since that time. The Facility is furnished with the moveable equipment, including telephone and related wiring, listed in Appendix B of the Pro Forma Contract. The Contractor is expected to furnish all other equipment and supplies.

As Inmates at the Facility are replaced by transfer or selected for assignment to the Facility, they will be selected by the State's staff utilizing the same selection criteria that are used for the State's other medium security male facilities. The State will retain ultimate authority over the care, custody, and control of the Inmates.

The Facility is currently accredited by the American Correctional Association (ACA). The Contractor shall operate the Facility at a minimum in accordance with ACA Standards and as otherwise provided herein. The Contractor shall maintain ACA Accreditation and follow the re-accreditation process. Re-accreditation shall be continuous.

1.1.2 The maximum liability of this Contract is currently not known. The maximum liability of the existing contract is $212,997,181 for the five (5) year term.

1.2. Scope of Service, Contract Period, & Required Terms and Conditions

The RFP Attachment 6.6., Pro Forma Contract details the State’s requirements:

Scope of Services and Deliverables (Section A);

Contract Period (Section B);

Payment Terms (Section C);

Standard Terms and Conditions (Section D); and, Special Terms and Conditions (Section E).

The Pro Forma contract substantially represents the contract document that the successful Respondent must sign.

1.3. Nondiscrimination

No person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of a Contract pursuant to this RFP or in the employment practices of the Contractor on the grounds of handicap or disability, age, race, creed, color, religion, sex, national origin, or any other classification protected by federal, Tennessee state constitutional, or statutory law. The Contractor pursuant to this RFP shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

1.4. RFP Communications

1.4.1. The State has assigned the following RFP identification number that must be referenced in all communications regarding this RFP:

1.4.2. Unauthorized contact about this RFP with employees or officials of the State of Tennessee except as detailed below may result in disqualification from consideration under this procurement process.

1.4.2.1. Prospective Respondents must direct communications concerning this RFP to the following person designated as the Solicitation Coordinator:

Priscilla Wainwright Tennessee Department of Correction Rachel Jackson Building 320 Sixth Avenue North Nashville TN 37243 615.253.5571 priscilla.wainwright@tn.gov

1.4.2.2. Notwithstanding the foregoing, Prospective Respondents may alternatively contact:

a. staff of the Governor’s Office of Diversity Business Enterprise for assistance available to minority-owned, woman-owned, service-disabled veteran-owned, businesses owned by persons with disabilities, and small businesses as well as general, public information relating to this RFP (visit Governor's Office of Diversity Business Enterprise (Go-DBE) (tn.gov) for contact information); and

b. the following individual designated by the State to coordinate compliance with the nondiscrimination requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and associated federal regulations:

Vashti McKinney Tennessee Department of Correction Rachel Jackson Building 320 Sixth Avenue North Nashville TN 37243 615.253.8237 Vashti.McKinney@tn.gov

1.4.3. Only the State’s official, written responses and communications with Respondents are binding with regard to this RFP. Oral communications between a State official and one or more Respondents are unofficial and non-binding.

1.4.4. Prospective Respondents must ensure that the State receives all written questions and comments, including questions and requests for clarification, no later than the Written Questions & Comments Deadline detailed in the RFP Section 2, Schedule of Events.

1.4.5. Respondents must assume the risk of the method of dispatching any communication or response to the State. The State assumes no responsibility for delays or delivery failures resulting from the mailto:priscilla.wainwright@tn.gov https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/go-dbe.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/go-dbe.html mailto:Vashti.McKinney@tn.gov

Respondent’s method of dispatch. Actual or digital “postmarking” of a communication or response to the State by a specified deadline is not a substitute for the State’s actual receipt of a communication or response. It is encouraged for Respondents to submit bids digitally.

1.4.6. The State will convey all official responses and communications related to this RFP to the prospective Respondents from whom the State has received a Notice of Intent to Respond (refer to RFP Section 1.8).

1.4.7. The State reserves the right to determine, at its sole discretion, the method of conveying official, written responses and communications related to this RFP. Such written communications may be transmitted by mail, hand-delivery, facsimile, electronic mail, Internet posting, or any other means deemed reasonable by the State. For internet posting, please refer to the following website: https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo- /supplier-information/request-for-proposals--rfp--opportunities1.html.

1.4.8. The State reserves the right to determine, at its sole discretion, the appropriateness and adequacy of responses to written comments, questions, and requests related to this RFP. The State’s official, written responses will constitute an amendment of this RFP.

1.4.9. Any data or factual information provided by the State (in this RFP, an RFP amendment or any other communication relating to this RFP) is for informational purposes only. The State will make reasonable efforts to ensure the accuracy of such data or information, however it is the Respondent’s obligation to independently verify any data or information provided by the State.

The State expressly disclaims the accuracy or adequacy of any information or data that it provides to prospective Respondents.

1.5. Assistance to Respondents With a Handicap or Disability

Prospective Respondents with a handicap or disability may receive accommodation relating to the communication of this RFP and participating in the RFP process. Prospective Respondents may contact the Solicitation Coordinator to request such reasonable accommodation no later than the Disability Accommodation Request Deadline detailed in the RFP Section 2, Schedule of Events.

1.6. Respondent Required Review & Waiver of Objections

1.6.1. Each prospective Respondent must carefully review this RFP, including but not limited to, attachments, the RFP Attachment 6.6., Pro Forma Contract, and any amendments, for questions, comments, defects, objections, or any other matter requiring clarification or correction (collectively called “questions and comments”).

1.6.2. Any prospective Respondent having questions and comments concerning this RFP must provide them in writing to the State no later than the Written Questions & Comments Deadline detailed in the RFP Section 2, Schedule of Events.

1.6.3. Protests based on any objection to the RFP shall be considered waived and invalid if the objection has not been brought to the attention of the State, in writing, by the Written Questions & Comments Deadline.

1.7. Pre-Response Conference

A Pre-response Conference will be held at the time and date detailed in the RFP Section 2, Schedule of Events. Pre-response Conference attendance is not mandatory, and prospective Respondents may be limited to a maximum number of attendees depending upon overall attendance and space limitations.

The Pre-response Conference will be held at:

https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/supplier-information/request-for-proposals--rfp--opportunities1.html https://www.tn.gov/generalservices/procurement/central-procurement-office--cpo-/supplier-information/request-for-proposals--rfp--opportunities1.html

South Central Correctional Facility 555 Forest Avenue Clifton TN 38425-0279

The purpose of the conference is to discuss the RFP scope of goods or services. The State will entertain questions, however prospective Respondents must understand that the State’s oral response to any question at the Pre-response Conference shall be unofficial and non-binding. Prospective Respondents must submit all questions, comments, or other concerns regarding the RFP in writing prior to the Written Questions & Comments Deadline date detailed in the RFP Section 2, Schedule of Events. The State will send the official response to these questions and comments to prospective Respondents from whom the State has received a Notice of Intent to respond as indicated in RFP Section 1.8 and on the date detailed in the RFP Section 2, Schedule of Events.

1.8. Notice of Intent to Respond

Before the Notice of Intent to Respond Deadline detailed in the RFP Section 2, Schedule of Events, prospective Respondents should submit to the Solicitation Coordinator a Notice of Intent to Respond (in the form of a simple e-mail or other written communication). Such notice should include the following information:

the business or individual’s name (as appropriate);

a contact person’s name and title; and the contact person’s mailing address, telephone number, facsimile number, and e-mail address.

A Notice of Intent to Respond creates no obligation and is not a prerequisite for submitting a response, however, it is necessary to ensure receipt of any RFP amendments or other notices and communications relating to this RFP.

1.9. Response Deadline

A Respondent must ensure that the State receives a response no later than the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events. The State will not accept late responses, and a Respondent’s failure to submit a response before the deadline will result in disqualification of the response. It is the responsibility of the Respondent to ascertain any additional security requirements with respect to packaging and delivery to the State of Tennessee. Respondents should be mindful of any potential delays due to security screening procedures, weather, or other filing delays whether foreseeable or unforeseeable.

11-09-23 RFP

ELE

2. RFP SCHEDULE OF EVENTS

2.1. The following RFP Schedule of Events represents the State’s best estimate for this RFP.

EVENT TIME

(central time zone)

DATE

1. RFP Issued

December 16, 2024

2. Disability Accommodation Request Deadline 2:00 p.m. December 20, 2024

3. Pre-response Conference/Facility Tour TIME December 23, 2024

4. Notice of Intent to Respond Deadline 2:00 p.m. December 26, 2024

5. Written “Questions & Comments” Deadline 2:00 p.m. January 2, 2025

6. State Response to Written “Questions & Comments” and issuance of RFP Release 2

January 17, 2025

7. Response Deadline 2:00 p.m. February 17, 2025

8. State Opens Technical Proposals and Begins Evaluations

February 18, 2025

9. State Completion of Technical Response Evaluations

February 24, 2025

10. State Opening & Scoring of Cost Proposals 2:00 p.m. February 25, 2025

11. Negotiations

February 26-27, 2025

12. State Notice of Intent to Award Released and RFP Files Opened for Public Inspection

2:00 p.m.

February 28, 2025

13. End of Open File Period

March 7, 2025

14. Send to start Statutory Review Pursuant to Tenn.

Code Ann. Sections 41-41-101. et seq.

March 7, 2025

15. End of Statutory Review Pursuant to Tenn. Code Ann. Section 41-24-101 et seq.

April 7, 2025

16. SBC Approval Sought

April 10, 2025

17. State sends contract to Contractor for signature

April 15, 2025

18. Contractor Signature Deadline 2:00 p.m. April 22, 2025

19. Transition Period (if applicable)

From date of Contractor execution of the Contract to the Contract Start date

20. Contract Start Date

July 1, 2025

2.2. The State reserves the right, at its sole discretion, to adjust the RFP Schedule of Events as it deems necessary. Any adjustment of the Schedule of Events shall constitute an RFP amendment, and the State will communicate such to prospective Respondents from whom the State has received a Notice of Intent to Respond (refer to section 1.8).

NOTICE: A technical response must not include any pricing or cost information.

If any pricing or cost information amounts of any type (even pricing relating to other projects) is included in any part of the technical response, the state may deem the response to be non-responsive and reject it.

NOTICE: If a Respondent fails to submit a cost proposal exactly as required, the State may deem the response to be non-responsive and reject it.

3. RESPONSE REQUIREMENTS

3.1. Response Form

A response to this RFP must consist of two parts, a Technical Response and a Cost Proposal.

3.1.1. Technical Response. RFP Attachment 6.2., Technical Response & Evaluation Guide provides the specific requirements for submitting a response.