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TABLE OF CONTENTS SECTION 1 – DEFINITIONS ............................................................................................................................................................................ 5

TIMELINE ................................................................................................................................................................................ 8 SECTION 2 – INTRODUCTION ....................................................................................................................................................................... 9

2.1 Background ............................................................................................................................................................... 9 2.2 Overview .................................................................................................................................................................... 9 2.3 Statement of Purpose .............................................................................................................................................. 10 2.4 Start up and Service Implementation ....................................................................................................................... 10 2.5 Pricing Methodology ................................................................................................................................................ 11 2.6 Term of Contract ...................................................................................................................................................... 11 2.7 Exhibits .................................................................................................................................................................... 11

SECTION 3 – SCOPE OF SERVICES ........................................................................................................................................................... 12

3.1 Rules, Regulations and Governance ....................................................................................................................... 12 3.3 Communications ...................................................................................................................................................... 13 3.4 Service Locations .................................................................................................................................................... 14 3.5 Final Implementation Plan and Transition Date Schedule ....................................................................................... 14 3.6 Administrative Requirements ................................................................................................................................... 15 3.7 Hours of Operation .................................................................................................................................................. 16 3.8 Master Canteen Products List ................................................................................................................................. 16 3.9 Master Canteen Products List Pricing and Price Increases ..................................................................................... 17 3.10 Additions/Deletions and Substitutions to the Master Canteen Product List ............................................................. 18 3.11 Posting of Available Menus with Prices ................................................................................................................... 18 3.12 Additional Canteen Services .................................................................................................................................... 18 3.13 Inmates in Special Housing Units or Other Confinement Status ............................................................................. 19 3.14 Inventory Control and Product Loss ........................................................................................................................ 19 3.15 Kosher Items ........................................................................................................................................................... 20 3.16 Applicable Sales Tax ............................................................................................................................................... 20 3.17 Inmate Spending Limits ........................................................................................................................................... 20 3.18 Canteen Security ..................................................................................................................................................... 20 3.19 Warehouse Receiving/Distribution ........................................................................................................................... 20 3.20 Availability and Use of Inmate Labor ....................................................................................................................... 21 3.21 Contractor’s Staff Requirements .............................................................................................................................. 22 3.22 Information Technology/Point of Sale Systems ....................................................................................................... 25 3.23 Inmate Canteen Accounts ....................................................................................................................................... 31 3.24 Inmate Complaints/Grievances ................................................................................................................................ 31 3.25 General Reporting Requirements ............................................................................................................................ 31 3.26 Performance Measures ........................................................................................................................................... 32 3.27 Monitoring Methodology .......................................................................................................................................... 33 3.28 Liquidated Damages (General) ................................................................................................................................ 34 3.29 Deliverables ............................................................................................................................................................. 35 3.30 Contract Termination Requirements ........................................................................................................................ 35

SECTION 4 – PROCUREMENT RULES AND INFORMATION .................................................................................................................... 36

4.1 Procurement Manager ............................................................................................................................................. 36 4.2 Procurement Rules .................................................................................................................................................. 36 4.3 Posting of Notice of Agency Decision ...................................................................................................................... 40 4.4 Filing of Notices of Intent to Protest or Formal Protests .......................................................................................... 41 4.5 Field Testing of Point of Sale Equipment prior to Final Contract Execution............................................................. 41

SECTION 5 – BID SUBMISSION REQUIREMENTS ..................................................................................................................................... 43

5.1 Tab 1. Mandatory Responsiveness Requirements ................................................................................................. 43

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5.2 Tab 2. Transmittal Letter with Executive Summary .................................................................................................. 43 5.3 Tab 3. Business/Corporate Qualifications .............................................................................................................. 45 5.4 Tab 4. Project Staff ................................................................................................................................................. 46 5.5 Tab 5. Bidder’s Financial Documentation ............................................................................................................... 47 5.6 Tab 6. Addendum Acknowledgment Form ............................................................................................................. 48 5.7 Tab 7. Minority/Service Disabled Veteran Business Enterprise Certification .......................................................... 48 5.8 Tab 8. Price Information Sheet ............................................................................................................................... 48

SECTION 6 – AWARD OF CONTRACT ........................................................................................................................................................ 50

6.1 Price Determination ................................................................................................................................................. 50 6.2 Incomplete Pricing Sheet ......................................................................................................................................... 50 6.3 Identical Tie Bids ..................................................................................................................................................... 50

SECTION 7 – CONTRACT TERMS AND CONDITIONS ............................................................................................................................... 51

7.1 Contract Document .................................................................................................................................................. 51 7.2 Termination .............................................................................................................................................................. 51 7.3 Payments and Invoices ........................................................................................................................................... 51 7.4 Contract Modifications ............................................................................................................................................. 53 7.5 Contract Management ............................................................................................................................................. 54 7.6 Annual Appropriation ............................................................................................................................................... 55 7.7 Vendor Ombudsman ............................................................................................................................................... 55 7.8 Records ................................................................................................................................................................... 55 7.9 State Objectives ...................................................................................................................................................... 56 7.10 Sponsorship ............................................................................................................................................................. 58 7.11 Employment of Department Personnel .................................................................................................................... 58 7.12 Non-Discrimination .................................................................................................................................................. 58 7.13 Americans with Disabilities Act ................................................................................................................................ 58 7.14 Copyrights, Right to Data, Patents and Royalties .................................................................................................... 58 7.15 Disputes ................................................................................................................................................................... 59 7.16 Subcontracts ............................................................................................................................................................ 59 7.17 Assignment .............................................................................................................................................................. 59 7.18 Force Majeure ......................................................................................................................................................... 59 7.19 Substitution of Key Personnel .................................................................................................................................. 60 7.20 Severability .............................................................................................................................................................. 60 7.21 Use of Funds for Lobbying Prohibited ..................................................................................................................... 60 7.22 Governing Law and Venue ...................................................................................................................................... 60 7.23 No Third Party Beneficiaries .................................................................................................................................... 60 7.24 Reservation of Rights .............................................................................................................................................. 60 7.25 Cooperative Purchasing .......................................................................................................................................... 60 7.26 Contractor’s Insurance ............................................................................................................................................ 60 7.27 Prison Rape Elimination Act (PREA) ....................................................................................................................... 61

ATTACHMENT 1 –CERTIFICATION/ATTESTATION PAGE FOR MANDATORY STATEMENTS ............................................................. 62 ATTACHMENT 2 – BUSINESS CORPORATE REFERENCE FORM ........................................................................................................... 63 ATTACHMENT 3 – BUSINESS/CORPORATE REFERENCE CHECK ......................................................................................................... 64 ATTACHMENT 4 - PRICE INFORMATION SHEET ...................................................................................................................................... 66

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SECTION 1 – DEFINITIONS The following terms used in this Invitation to Bid (“ITB”), unless the context otherwise clearly requires a different construction and interpretation, have the following meanings: 1.1 Authorized Property Items: refers to any item which is either approved to be retained by inmates upon their

admission, issued to inmates by the department, available to be purchased by inmates in Florida Department of Corrections’ canteens or authorized for purchase from an approved vendor.

1.1 Breach of Contract: A failure of the Contractor to perform in accordance with the terms and conditions of the

Contract which may result from this ITB. 1.2 Canteen: A site within a correctional facility at which pre-packaged food and other approved items are available for

purchase. There are two types of canteens: a) Inmate Canteens: canteens those operated within the institution that sell on a cashless basis to inmates only; and b) Visiting Park Canteens: canteens operated within visiting parks for the purpose of selling items to inmates and visitors. Where used herein, the word “canteen” refers to both types of canteens.

1.3 Canteen Review Team: The Department’s staff assigned to review canteen operations and to make determinations

regarding changes to operations, acceptability of products for resale, price increases/decreases, and additions/deletions to canteen menus.

1.4 Cashless Canteen System: An integrated computer system that allows inmates to purchase merchandise from the

inmate canteen. The cashless canteen system is utilized to track merchandise inventories and other financial information, and to generate various accounting reports. Inmates will use their photo identification card (similar to a bank debit card) to make purchases.

1.5 Contractor: The organizational entity serving as the primary Contractor with whom a contract will be executed. The

term Contractor shall include all employees, subcontracts, agents, volunteers, and anyone acting of behalf of, in the interest of, or for the Contractor.

1.6 Contract Compliance Monitoring: A comprehensive evaluation conducted a minimum of once every six (6) months

by the Department’s Contract Manager or designee to document the Contractor’s compliance with the terms of the contract and to evaluate overall Contractor performance. Frequency of monitoring is at the discretion of the Department’s Contract Manager, with satisfactorily functioning programs being monitored less frequently.

1.7 Contractor Staff: Employees of the contractor responsible for management and supervision of the canteen

operation at the institution. 1.8 Corrective Action Plan (CAP): The Contractor’s comprehensive written response to any deficiencies discovered in

the course of Contract Compliance Monitoring, and plan for remediation of those deficiencies. 1.9 Department: The State of Florida, Department of Corrections, is referred to in this solicitation document as “the

Department.” 1.10 Inmate Canteen Operator: Where used herein, refers to the inmate approved by the institutional classification team

and trained by the contractor’s staff to receive, stock, and/or sell approved canteen items.

1.11 Inmate Property Items: Where used herein, refers to items on the approved canteen menu that are not stocked in the compound canteens because of security needs.

1.12 Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the bidder to

be responsive to this solicitation. These responsiveness requirements are mandatory. Failure to meet these

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responsiveness requirements will cause rejection of a bid. Any bid rejected for failure to meet mandatory responsiveness requirements will not be further reviewed.

1.13 Man-days: where used herein, refers to the actual number of inmates from the midnight census multiplied by the

number of days in the month. 1.14 Master Canteen Products List: where used herein, refers to the entire list of approved goods and merchandise sold

through the canteens at Florida Department of Corrections’ institutions. 1.15 Material Deviations: The Department has established certain requirements with respect to bids to be submitted by

bidders. The use of shall, must or will (except to indicate future events) in this ITB indicates a requirement or condition which may not be waived by the Department except where any deviation there from is not material. A deviation is material if, in the Department's sole discretion, the deficient response is not in substantial accord with this ITB's requirements, provides an advantage to one bidder over other bidders, or has a potentially significant effect on the quantity or quality of items or services bid, or on the cost to the Department. Material deviations cannot be waived and shall be the basis for rejection of a bid.

1.16 Minor Irregularity: A variation from the solicitation terms and conditions which does not affect the price proposed or

give the bidder an advantage or benefit not enjoyed by the other bidders or does not adversely impact the interests of the Department.

1.17 Physical Inventories: Where used herein, refers to the onsite physical counting of canteen merchandise by the

contractor. 1.18 Quarterly Order Products: Where used herein, refers to specific goods and merchandise identified on the Master

Canteen Products List authorized for sale on a quarterly basis to inmates. 1.19 Responsible Vendor: A vendor who has the capability in all respects to fully perform the contract requirements and

the integrity and reliability that will assure good faith performance. 1.20 Responsive Bid: A bid submitted by a responsive and responsible vendor that conforms in all material respects to

the solicitation. 1.21 Subcontract: An agreement entered into by the Contractor with any other person or organization that agrees to

perform any performance obligation for the Contractor specifically related to securing or fulfilling the Contractor’s obligations to the Department under the terms of the Contract resulting from this solicitation.

1.22 Successful or Winning Bidder/Contractor: The entity that will be performing as the Contractor under any Contract

resulting from this solicitation. 1.23 Vendor, Offeror and Bidder: A legally qualified corporation, partnership or other entity submitting a bid to the

Department pursuant to this solicitation. 1.24 Visiting Hours refers to days and hours established by the Department, for authorized visitation by members of the

public at a particular facility. 1.25 Visiting Park: A specific area of an institution or facility designated for visitation between inmates and their

authorized visitors.

1.26 Visiting Park Canteen: where used herein, is the canteen operation that provides authorized items for sale to visitors and inmates during visitation in the visiting park.

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1.27 Warden: The individual responsible for management and oversight of the day-to-day operations of the institution, including the daily canteen operations.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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TIMELINE

Listed below are the important actions and dates/times by which the actions must be taken or completed. If the Department finds it necessary to change any of these dates/times, it will be accomplished by addendum. All listed times are local time in Tallahassee, Florida (Eastern Time).

EVENT DATE/TIME LOCATION

Release of ITB to public, posted on VBS.

December 9, 2013 Vendor Bid System: http://vbs.dms.state.fl.us/vbs/main_menu

Non-Mandatory Site Visits

December 16, 17, and 18, 2013

See Section 4.2.7 for specific information regarding Site Visits.

Last day for written inquiries to be received by the Department

January 3, 2014

SUBMIT TO: Florida Department of Corrections Kelly S. Wright, CPPB, Procurement Manager 501 South Calhoun Street Tallahassee, Florida 32399-2500 Fax: (850) 488-7189 E-mail: [email protected]

Anticipated date that written responses to written inquiries will be posted on the Vendor Bid System (VBS)

January 10, 2014 Vendor Bid System: http://vbs.dms.state.fl.us/vbs/main_menu

Bids Due and Opened

January 21, 2014 @ 2:00 P.M. ET.

SUBMIT TO: Florida Department of Corrections Kelly S. Wright, CPPB, Procurement Manager 501 South Calhoun Street Tallahassee, Florida 32399-2500 (Note: No fax or email responses will be accepted)

Anticipated posting of Recommended Award

January 28, 2014 Vendor Bid System: http://vbs.dms.state.fl.us/vbs/main_menu

Field Testing of Successful Contractor’s Point of Sale Equipment

February 3, 5, and 6, 2014 See Section 4.5 for information regarding Field Testing.

Anticipated Contract Start Date March 6, 2014

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SECTION 2 – INTRODUCTION 2.1 Background

The State of Florida has a current total inmate population of approximately ninety eight thousand (98,000) to date. These inmates are housed in both privately-operated and state-operated facilities throughout the State including correctional institutions, annexes, work camps, work release centers, road prisons, forestry camps, and treatment centers. Correctional Institutions are prisons with fences, razor wire or ribbon, electronic detection systems, perimeter towers with armed correctional officers and/or officers in roving perimeter vehicles. Facilities operated by the Florida Department of Corrections (hereinafter referred to as “Department” or “DC”) are grouped into three (3) regions (Regions I through III, with Region I encompassing the panhandle, Region II North Florida, Region III Central Florida and South Florida. A map of each Region may be obtained by going to the following site: http://www.dc.state.fl.us/orginfo/ci.html, click on Institutions, then click on each Region to view the regional map.

2.2 Overview

The Department is seeking a qualified canteen provider to serve a current population of approximately eighty nine thousand (89,000) inmates in state-operated facilities. Currently, there are 267 inmate canteens and 106 visiting park canteens in operation statewide (please refer to Exhibit H). The inmate canteens operate on a “cashless” system, meaning that inmates may use their photo identification card in a similar manner as a bank debit card, to make canteen purchases. Visiting park canteens may conduct “cash sales” for visitors only. All sales through the visiting park canteens will be conducted through a cashless canteen system for inmates and cash sales for visitors

Inmate canteens shall be open for use on a routine basis as scheduled by the Warden of the facility. Only inmates, who have an account through the Department’s Inmate Trust Fund system, are in proper possession of an identification card and who are not otherwise restricted, are allowed to purchase canteen items. Inmates may not exceed $100.00 per week in canteen purchases. Inmates may purchase canteen items in the visiting parks only during approved hours of operation; however, inmates must consume any and all canteen products prior to leaving the visitor park. Visiting park canteens operate on Saturday and Sunday between the hours of 9:00 a.m. to 3:00 p.m., Eastern Standard Time/Eastern Daylight Time, and during the holidays of July Fourth, Thanksgiving Day, and Christmas Day. Schedules may be altered by the institutional Wardens or designee as needed. Visitors have no spending limit; although no more than $50.00 cash (per individual) is allowed on the institution’s grounds pursuant to visitation rules. Cash sales from visiting park canteens must be collected and removed from department premises by the successful Contractor no less than weekly to minimize the cash on hand. The processes and schedule for cash pick up must be submitted for approval to the Contract Manager. The successful Contractor will maintain a minimum of one full-time employee at each major institution which is responsible for the overall operation of that institution’s canteens. Inmate labor has been routinely utilized to assist in canteen operations. Refer to Exhibit H, Current Staffing Pattern for additional information. The institution’s warden will, with input from contractor canteen staff and the institution’s classification team, select the inmate canteen operators. The successful contractor will be required to provide a minimum of one (1) full-time employee to oversee operations and will be allowed to utilize inmate labor. The successful contractor must comply with the requirements of Florida Department of Health rule 64E-11.012 regarding manager certification. Inmates working within the canteens will be paid by the Department. All products approved for resale in the Department’s canteens are listed on the Master Canteen Products List (see Exhibit A dated October 2013). Only items on the Visitor Park Canteen Menu may be sold in the visiting park canteens. The Master Canteen Products List is comprised of the following separate product or menu lists: 2.2.1 Male Inmate Canteen Menu 2.2.2 Female Inmate Canteen Menu

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2.2.3 Visitor Park Canteen Menu 2.2.4 Kosher Male Inmate Canteen Menu 2.2.5 Kosher Female Inmate Canteen Menu 2.2.6 Kosher Visitor Park Canteen Menu 2.2.7 Death Row Menu 2.2.8 Death Row Arts & Crafts Products 2.2.9 Death Row Electronics 2.2.10 Male Quarterly Order Products 2.2.11 Female Quarterly Order Products 2.2.12 Close Management I & II, Male 2.2.13 Close Management I & II, Female 2.2.14 Close Management III, Male 2.2.15 Close Management III, Female 2.2.16 Confinement, Male 2.2.17 Confinement, Female

The product, or menu lists, comprising the Master Canteen Products List, are subject to review by the Canteen Review Team (as defined in Section 1, Definitions), and approval by the Contract Manager and Secretary, or her/his designee. The Department has established fixed pricing for all items on the Master Canteen Products List based on fair market pricing as required by 945.215, F.S. These prices shall be maintained by the Contractor, unless approved in writing by the Department’s Contract Manager and Canteen Review Team in accordance with the requirements set forth in Section 3 of this ITB.

2.3 Statement of Purpose The Department is seeking a vendor to provide canteen and related services through operation of the Department’s on-site inmate canteens and visitor park canteens (correctional institutions/facility locations are identified in Exhibit B “Correctional Institutional/Facilities, and inmate and visitor park canteens are identified in Exhibit H “Inmate/Visitor Park Canteens-Current Staffing Plan”). To this end, the Department is interested in a single contractor for the provision and operation of canteen services in accordance with Section 3 of this ITB. The resulting contract will be revenue generating for the Department. The Department is requesting bids from qualified bidders with at least five (5) years of business/corporate experience within the last seven (7) years in the provision of large-scale canteen services in multiple sites with two (2) years of this experience being in a correctional or other security/law enforcement setting. The Department intends to enter into a single contract for all services contemplated in this ITB. Bidders shall be responsible for performing services in strict compliance with the requirements and rules, regulations and governance contained in this ITB. No deviations from the minimum service requirements shall be permitted without the prior written approval of the Department.

2.4 Start up and Service Implementation The Contractor must have the capability to commence implementation of services no later than the start-date of the resulting Contract and to complete full-service delivery of canteen operations at all institutions by April 1, 2014. Pursuant to Section 5.2.8 of the ITB, each bidder shall submit an Estimated Implementation and Transition Date Schedule in their response to this ITB. The estimated plan will be adjusted, as necessary, and approved as Contractor’s Final Implementation Plan and Transition Date Schedule by the Contract Manager. The plan shall be designed to provide for seamless transition with minimal interruption of sales or operations. After execution of the Contract resulting from this ITB, the Department will allow a maximum of a ninety (90) day “start-up” period, for the initial delivery of equipment, supplies and hiring and training of Contractor staff and transition of services from the current contractor.

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2.5 Pricing Methodology Regardless of the amount of gross sales, the Contractor will compensate the Department on a per diem basis (fixed fee, per-day per-inmate) based on the Department’s official midnight count (man-days). The Department shall be entitled to receive revenue for the inmate population of an institution or facility beginning on the scheduled implementation date established in the final approved transition schedule for the institution’s or facility’s canteen operations. Compensation shall be paid for each calendar day of each contractual year. The Department shall provide a monthly invoice to the Contractor based on the total inmate man-days for the month. The monthly invoice amount shall equal the total inmate man-days for the month times the per diem rate. The Contractor shall remit the total monthly per diem payment broken down into two submittals: one submittal comprised of a per-inmate per-diem to be paid to the Department for recouping of operating costs and a second submittal consisting of the remaining amount of the monthly per diem due to the Department. Payment shall be due and tendered to the Department by Electronic Funds Transfer (EFT) to a specified Department account within fifteen (15) days after the final day of the previous month. Note: The Department’s Current Per Diem Rate is $0.96. The Department received $30,333,547.20 in per diem commission during the FY 2012-2013. Information regarding canteen sales can be found on Exhibit F for FY 2012-2013.

2.6 Term of Contract

It is anticipated that the initial term of any Contract resulting from this ITB shall be for a three year period beginning March 6, 2014. At its sole discretion, the Department may renew the Contract in accordance with Form PUR 1000 #26. The renewal shall be contingent, at a minimum, on satisfactory performance of the Contract by the Contractor as determined by the Department and subject to the availability of funds. If the Department desires to renew the Contract resulting from this ITB, it will provide written notice to the Contractor no later than ninety (90) days prior to the Contract expiration date.

2.7 Exhibits

The Department is providing the following Exhibits attached to the end of this ITB to assist vendors in preparing bid submissions. All possible efforts have been made to ensure that the information contained in the Exhibits is accurate, complete and current; however, the Department does not warrant that the information contained in any of the below exhibits is indeed, accurate, complete or current. - EXHIBIT A – MASTER CANTEEN PRODUCT LIST - EXHIBIT B – CORRECTIONAL INSTITUTIONS/FACILITIES - EXHIBIT C – DEPARTMENT SECURITY REQUIREMENTS FOR CONTRACTORS - EXHIBIT D – NETWORK AND CONCEPTUAL DIAGRAM - EXHIBIT E – RECORD STRUCTURES FOR CASHLESS CANTEEN/INMATE BANK NIGHTLY JOBS - EXHIBIT F– 2012-2013 CANTEEN SALES BY LOCATION - EXHIBIT G – BUREAU OF CLASSIFICATION AND CENTRAL RECORDS VISITATION REPORT - EXHIBIT H – CURRENT STAFFING PATTERN


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SECTION 3 – SCOPE OF SERVICES For administrative purposes throughout this document, the Department is referring to a bidder, offeror or vendor as “Contractor” and any contract to be issued as a result of this ITB as “the Contract” or “this Contract”. This does not mean or imply that any person or firm submitting a bid to the ITB as a bidder, offeror or vendor will ultimately be awarded a contract or otherwise become a Contractor as that term is commonly understood. By utilizing the term “Contractor” and “this Contract” or “the Contract” throughout this ITB, the Department will be able to more quickly and efficiently transfer terms and conditions from this ITB document into a Contract document.

All services to be performed by, or under the direction of the Contractor under any resultant contract shall meet or exceed the minimum requirements outlined in this ITB. Under no circumstances shall service delivery meeting less than the minimum service requirements be permitted without the prior written approval of the Department; otherwise, it shall be considered that services bid will be performed in strict compliance with the requirements and rules, regulations and governance contained in this ITB and bidders shall be held responsible therefore.

3.1 General Description of Services

The Contractor shall provide statewide canteen services in Department facilities. This includes provision of inmate canteen services on a daily basis and canteen services in visiting parks as specified by the Department. Services shall meet or exceed the minimum requirements outlined in this ITB. The Contractor shall provide all products for resale as identified on the Department’s Master Canteen Product List and related support services. No deviations from the minimum service requirements shall be permitted without the prior written approval of the Department. The Contractor shall act in good faith in the performance of all contract provisions.

3.2 Rules, Regulations and Governance

3.2.1 The Contractor shall provide services and operate all canteens in accordance with all applicable federal and state

laws, rules and regulations, and Department of Corrections’ rules and procedures applicable to the packaging, distribution and resale of items sold in the Department’s canteens and the general delivery of canteen services. All such laws, rules, regulations, and procedures, current and/or as revised, are incorporated herein by reference and made a part of this ITB and any resulting contract. Such rules, regulations, and procedures include, but are not limited to, the following:

a. Chapter 500, Florida Statutes (as applicable) b. Section 944.516, Florida Statutes (Administration of Inmate Trust Fund) c. Section 945.215, Florida Statutes d. Chapter 64E-11, Florida Administrative Code e. Rule 33-203.101, Florida Administrative Code f. Rule 33-601.800, Florida Administrative Code g. Rule 33-602.101, Florida Administrative Code h. Rule 33-602.201, Florida Administrative Code i. Rule 33-602.232, Florida Administrative Code j. Rule 33-602.220, Florida Administrative Code k. Rule 33-601.830, Florida Administrative Code l. Rule 33-203.201, Florida Administrative Code m. Rule 33-602.222, Florida Administrative Code n. Rule 33-602-203, Florida Administrative Code o. Department of Corrections’ Procedure Number 604.602 Canteen Operations p. Department of Corrections’ Procedure Number 602.015 Inmate Visitation Photo Project q. Department of Corrections’ Procedure 401.015, Employee TB Screening and Testing

3.2.2 The Contractor shall be required to maintain full accreditation by the American Correctional Association (ACA) as

related to canteen operations at accredited institutions. Failure to maintain accreditation may result in assessment of liquidated damages as set forth in Section 3.29 of this Contract.

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3.2.3 The Contractor shall ensure that all Contractors’ staff providing services under this ITB complies with prevailing

ethical and professional standards, and the rules, procedures and regulations noted above. 3.2.4 Should any of the above laws, standards, rules or regulations, Department procedures, or directives change during

the course of this procurement or resultant Contract term, the updated version will take precedence. 3.2.5 The Contractor may enter into written subcontract(s) for performance of certain of its functions under the Contract in

accordance with Section 7.16. No subcontract, which the Contractor enters into with respect to performance of any of its functions under the Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties. The Contractor shall ensure that all subcontractor agreements are approved in advance by the Department’s Contract Manager and shall contain provisions requiring the subcontractor to comply with all applicable terms and conditions of the contract resulting from this ITB.

3.2.6 The Contractor agrees to modify its service delivery, including addition or expansion of canteen services in order to

meet or comply with changes required by operation of law or due to changes in practice standards or regulations, or as a result of legal settlement agreement or consent order or change in the Department’s mission. Any changes in the scope of services (with the exception of additions/deletions pursuant to Section 3.4) required to ensure continued compliance with State or Federal laws, statutes or regulations, legal settlement agreement or consent order or Department policy, will be made in accordance with Section 7.4, Contract Modifications.

3.3 Communications

3.3.1 Contract communications shall be in three forms: routine, informal and formal. For the purposes of the Contract, the following definitions shall apply:

Routine: All normal written communications generated by either party relating to service delivery. Routine

communications must be acknowledged or answered within thirty (30) calendar days of receipt. (Use of email is acceptable).

Informal: Special written communications deemed necessary based upon either contract compliance or quality of

service issues. Must be acknowledged or responded to within fifteen (15) calendar days of receipt. Formal: The same as informal but more limited in nature and usually reserved for significant issues such as

Breach of Contract, failure to provide satisfactory performance, imposition of liquidated damages, or termination. Formal communications shall also include requests for changes in the scope of the Contract and billing adjustments. Must be acknowledged upon receipt and responded to within seven (7) calendar days of receipt.

3.3.2 The Contractor shall respond to Informal and Formal communications in writing, transmitted by facsimile and/or

email, with follow-up by hard copy mail. 3.3.3 A date/numbering system shall be utilized for tracking of all formal communications. 3.3.4 The only personnel authorized to use formal Contract communications are the Department’s Contract Manager,

Contract Administrator, and the Contractor’s CEO or Project Manager. Designees or other persons authorized to utilize formal contract communications must be agreed upon by both parties and identified in writing within ten (10) calendar days of execution of the Contract. Notification of any subsequent changes must be provided in writing prior to issuance of any formal communication from the changed designee or authorized representative.

3.3.5 In addition to the personnel named under Formal Contract Communications, personnel authorized to use Informal

Contract Communications include any other persons so designated in writing by the parties.

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3.3.6 In addition to the contract communications noted in this section, if there is an urgent administrative problem, the Department will make contact with the Contractor and the Contractor shall orally respond to the Contract Manager within two (2) hours. If a non-urgent administrative problem occurs, the Department will make contact with the Contractor and the Contractor shall orally respond to the Contract Manager within forty-eight (48) hours. The Contractor or Contractor’s designee at each institution shall respond to inquiries from the Department by providing all information or records that the Department deems necessary to respond to inquiries, complaints or grievances from or about inmates within three (3) working days of receipt of the request.

3.4 Service Locations

3.4.1 Institutions/Facility Locations: The facilities to be included under this Contract are indicated in Exhibit B.

3.4.2 Add/Delete Institutions/Facilities/Canteens for Services: The Department reserves the right to add or delete institutions, facilities or the number of canteens in operation at an institution or facility under the Contract upon thirty (30) calendar days’ written notice. Such additions or deletions may be accomplished by letter and do not require a contract amendment.

3.5 Final Implementation Plan and Transition Date Schedule

The Contractor shall have the capability to commence implementation of services no later than January 2, 2014, and full service delivery of canteen operations shall be completed at all institutions by April 1, 2014. The Contractor’s Estimated Implementation Plan and Transition Date Schedule submitted with the bid (per Section 5.2.8) shall be adjusted as necessary and approved as Contractor’s Final Implementation Plan and Transition Date Schedule by the Contract Manager. This plan shall be designed to provide for seamless transition with minimal interruption of sales or operations. The Department has chosen Jefferson Correctional Institution, Jefferson County, Florida, (“Jefferson C.I.”) as the first site at which canteen services shall be implemented. As part of the Estimated Implementation Plan and Transition Schedule, the Contractor shall indicate a date-certain for which it will implement service at Jefferson C.I. Thereafter, the Contractor shall implement service delivery at all other institutions and facilities in accordance with dates established by the Contractor as shown in its Estimated Implementation Plan and Transition Schedule and as approved by the Department in Contractor’s Final Implementation Plan and Transition Date Schedule. Canteens operating in satellite facilities will be brought online with the main institution that is responsible for oversight of the satellite facility. Final transition at each institution shall be coordinated between the Contractor, the current canteen Contractor, and the Department. The Contractor shall ensure all inventory available at the institution on the agreed-upon implementation date for services is compliant with the Department’s Master Canteen Products List. Any inventory item not in compliance remaining from the previous contractor shall be removed and not made available for purchase in the canteens. The incoming Contractor may purchase the current Contractor’s canteen inventory at a price mutually agreed upon by both parties. The current Contractor shall package and remove canteen items not needed by the new Contractor. This will be done in coordination between the two vendors. Any inventory not purchased by the new Contractor shall be packaged and removed by the current Contractor prior to the final implementation of services on the date approved in the Final Implementation and Transition Date Schedule for each individual institution. The Department will not assume any liability for any products. Once approved by the Contract Manager, there will be no changes made to the Final Implementation Plan and Transition Schedule unless a request is submitted in writing and approved by the Contract Manager. To avoid any delays in phase-in, the Contractor shall ensure that the Contract Manager is timely provided information required for conducting NCIC/FCIC background checks to include level two fingerprinting, prior to any new Contractor staff being hired or assigned to work under this Contract. The Contractor shall assume 100% responsibility for the delivery of canteen services at each designated institution at 12:01a.m., on the agreed-upon implementation date regardless of the number of operating canteens. The Department shall be entitled to receive revenue for the inmate population of an institution or facility beginning on the approved date that the Contractor assumes the institution’s or the facility’s canteen operations as specified in the Final Implementation and Transition Schedule.

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3.6 Administrative Requirements

3.6.1 The Contractor will be responsible for all administrative functions and office support (e.g., clerical assistance, office supplies, copiers, fax machines and preparation of documents).

3.6.2 The Contractor may utilize the existing phone lines dedicated to the canteen(s) in accordance with the following

provisions:

3.6.2.1 Billing for phone services associated with dedicated lines, shall be effective upon the contract start date. 3.6.2.2 Any costs associated with the transfer and operation of service shall be borne by the successful bidder.

3.6.3 The Contractor may install phone lines with off-site access, as needed; however, these devices will be prohibited

from inmate usage. Phone installation and service must be in accordance with institutional security requirements. The Contractor shall be responsible for the obtaining, maintaining, payment and cost of telephone service. All calls made to the institution or received from the institution will be on the Contractor’s phone line.

3.6.4 The Contractor shall be responsible for providing and paying for the following items in quantities sufficient to ensure compliance with the service requirements of the Contract:

• Office supplies; • Office Equipment; • Bags for delivery (clear, see-through perforated); • Shrink wrap; • Microwaveable disposables; • Napkins; • Styro Cups; • Bowls; • Sporks; • Paper Plates; and • Condiments (only Ketchup, Mustard, and Mayo)

The initial purchase of any of the above-referenced items must be approved in advance by the Contract Manager. Once approved, the specific items and any additional purchases of approved items may be made by the Contractor without further review of the Contract Manager. NOTE: The Department will provide cleaning supplies to the successful Contractor; and all canteen areas shall be regularly cleaned and sanitized as needed.

3.6.4 Equipment (excluding Information Technology Equipment)

This section does not apply to information technology equipment. With the exception of Department-owned forklifts, the successful bidder will be responsible for providing all equipment needed to conduct the receipt, storage and transportation of commodities during the life of the contract. The Department will provide warehouse space for the on-site storage of canteen products and the successful bidder may l also utilize any existing shelving units, as available. The Contractor shall be responsible for any additional equipment, as needed, to ensure products are properly stored. Additionally, all equipment utilized must be approved by the Contract Manager and shall meet Department security guidelines.

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Products shall not be stored on the floor in any location and all products shall be stored to meet the Food Service Standard which states items must be kept a minimum of 6” off the floor. Any additional storage equipment needed to comply with this standard shall be at the expense of the Successful bidder.

3.6.5 Pursuant to Section 945.215, Florida Statutes, the Department must deposit the net proceeds from the guaranteed per diem payment into the State’s General Revenue fund. The Department has, however, incurred certain operating costs in support of this Contract which shall be recouped by the Department. These costs include, but are not limited to, contract administration and monitoring positions, information technology support, annual bandwidth costs related to institutions using the canteen service, current costs of the secure connection hardware and the cost of remote Virtual Private Network (VPN) access. These costs shall not be separately reimbursed by the Contractor, but shall be recouped by the Department from the guaranteed monthly per diem payment. The Department will indicate the amount of operating costs on the monthly invoice to the Contractor, which shall be paid as part of the guaranteed monthly per diem payment via separate submittal as specified in Section 7.3 of this ITB. Currently, the Department has identified the amount of .0245 cents of the per diem amount per inmate to be paid to the Department to recoup operating costs. This amount may be increased or decreased at the Department’s discretion based on actual costs incurred.

3.7 Hours of Operation

The Contractor shall operate canteens during the hours set forth below. Hours of operation are subject to change. In the event of an emergency, the hours of operation will be subject to change without prior notice. For changes in the hours of operation related to non-emergencies, the Department will provide forty-eight (48) hours’ notice to the Contractor. Canteens may be shut down without prior notice by the institution at any time for security and other reasons. At the discretion of the warden, and depending upon the type of lockdown, canteens may be allowed to continue to operate during lockdown periods. The Contractor’s on-site representative will be notified by appropriate Department staff of any required closures of the canteen or whether the canteen will be allowed to operate during lockdown periods. If for security reasons the canteen closes, the canteen may not reopen until the count clears. Security shall be available to facilitate opening and closing of the canteen.

3.7.1 Institutional Inmate Canteen Hours

The hours of operation differ from institution to institution and for summer and winter months and are established by the Warden or designee for the facility. Generally, the hours of operation for the institutional inmate canteens are from 8 a.m. to 11 a.m. Eastern Time and 1:30 p.m. to 3 p.m. Eastern Time, with additional hours of operation varying during summer and winter months. Receiving hours for both summer and winter operation are typically from approximately 8 a.m. until 4 p.m. Eastern Time

3.7.2 Visiting Park Canteen Hours

Visiting Park canteen hours will be determined by the Warden or designee, and the hours of operation have historically been from 9:00 a.m. to 3:00 p.m., Eastern Time, each Saturday and Sunday, and the Department’s recognized holidays.

3.8 Master Canteen Products List

3.8.1 All products approved for resale in the Department’s canteens are listed on the Master Canteen Products List. The Master Canteen Products list is comprised of the following separate product or menu lists:

3.8.1.1 Male Inmate Canteen Menu 3.8.1.2 Female Inmate Canteen Menu 3.8.1.3 Visitor Park Canteen Menu

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3.8.1.4 Kosher Male Inmate Canteen Menu 3.8.1.5 Kosher Female Inmate Canteen Menu 3.8.1.6 Kosher Visitor Park Canteen Menu 3.8.1.7 Death Row Menu 3.8.1.8 Death Row Arts & Crafts Products 3.8.1.9 Death Row Electronics 3.8.1.10 Male Quarterly Order Products 3.8.1.11 Female Quarterly Order Products 3.8.1.12 Close Management I & II, Male 3.8.1.13 Close Management I & II, Female 3.8.1.14 Close Management III, Male 3.8.1.15 Close Management III, Female 3.8.1.16 Confinement, Male 3.8.1.17 Confinement, Female

3.8.2 Unless otherwise indicated or determined by the institution’s Warden, all items on the approved Master Canteen

Products List must be available in the inmate canteens for resale to inmates. If the Warden determines there is a security risk for any items offered for sale in the canteens and it is removed from the canteen at one facility, it will be removed from all canteens statewide. The Contract Manager will be notified in writing of any such items by the successful Contractor. Only items on the Visitor Park Canteen Menu may be sold in the Visiting Park Canteens. If the Contract Manager determines that an approved item shall not be resold through the canteen, the Contract Manager shall provide written confirmation to the Contractor and the item shall be removed from the Master Canteen Products List within 24 hours after Contract Manager written confirmation.

3.8.3 The Contractor shall ensure that in the inmate canteens, Inmate Canteen Menu items are made available for daily

sale. Stocked items shall be kept in appropriate containers to ensure freshness and suitability for consumption.

3.8.4 In addition to restrictions on specific items that may be noted on the Master Canteen Products List of items approved for resale, the following “Prohibited Items” may not be sold in the canteens:

3.8.4.1. Products utilizing aerosol dispensing; 3.8.4.2. Products containing alcohol that when swallowed or otherwise ingested cause inebriation or product

containing flammable levels of alcohol will not be approved for resale in the canteen; 3.8.4.3. Products determined by the Department to be a security risk; 3.8.4.4. Products in glass containers; 3.8.4.5. Items packaged in a manner not intended for immediate consumption (i.e., not pre-packaged, single

serving size); 3.8.4.6. Fountain drinks; and 3.8.4.7. Food items not packaged in self-opening containers.

3.9 Master Canteen Products List Pricing and Price Increases

The Department has established fixed pricing for all items on the Master Canteen Products List (dated October 2013). Prices shall not exceed the fair market prices as required by 945.215. The Contractor shall make all items contained on the Master Canteen Products List available for purchase at the price(s) indicated. These prices shall be maintained by the Contractor unless approved in writing by the Department’s Contract Manager. The Contractor may request price increases for individual products as identified on the Master Canteen Products List by submitting a letter to the Contract Manager at least ninety (90) days prior to the annual anniversary date of the Contract. If the Contractor fails to timely submit a price increase letter to the Contract Manager by the required date, price increases will not be entertained by the Department until the following year’s anniversary date. Price increase requests may only be submitted once a year. The request for price increases must include written justification for the increase. The requested increase shall not exceed ten percent (10%) of the then-current selling price of the item for which a price increase is sought. Any price increase that

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result in the price of a product exceeding the fair market price will be denied, regardless of the percentage of increase requested. The Department will have the sole discretion to determine what percentage increase, if any will be allowed. The Department will have the option of: approving the requested percentage; approving an increase but at a lower percentage than requested; or denying the request entirely for any or all items for which a price increase is requested. Price reduction changes shall also be made by letter and may be submitted at any time by Contractor to the Contract Manager. Price reductions will not become effective until approved in writing by the Contract Manager and/or Canteen Review Team.

3.10 Additions/Deletions and Substitutions to the Master Canteen Product List

The approved Master Canteen Products List will be reviewed not less than annually by the Department’s Canteen Review Team. All additions/deletions to the Master Canteen Products List must be recommended by the Canteen Review Team and approved by the Secretary or her/his designee. The Contractor may submit recommendations for additions/deletions of items for the Master Canteen Products List on an annual basis at the same time the request for price increases are made. Written justification must be included for all recommendations and the contractor shall indicate whether the item is kosher, taxable or non-taxable. The contractor shall provide an item description (including brand name and portion size, if applicable) and quantity or packaging information (i.e. number of items in a pack, etc.). The Contract Manager will forward the request to the Department’s Canteen Review Team who will review the request and make their written recommendations to the Secretary or her/his designee. A revised Master Canteen Products List will be provided to the Contractor within thirty (30) calendar days of approval by the Secretary or her/his designee. The Department reserves the right to approve or deny any such request based upon the best interests of the state of Florida and the Department and in keeping with security and other operational requirements. Upon approval, the following transition of product time frames is established for the addition/deletion items:

• Contractor requested items to be added to the menu must be in the canteens and offered for sale within thirty (30) calendar days;

• Deleted items shall be removed within fifteen (15) calendar days and no longer offered for sale; • Items requested to be added to the Master Canteen Products List by the Department must be in the canteens

and offered for sale within sixty (60) calendar days. In addition, the Contractor may request that items be substituted if no longer available from the manufacturer for resale. Substitutions will only be allowed if the item to be substituted is of the same or similar quality, packaging, and price. Product substitutions shall be only for Brand Name items. If Contractor’s items are changed, they shall be removed from the menu at the time the product is no longer available. The Contractor shall be allowed fifteen (15) calendar days to sell out the removed product. Requests for substitution of products shall be submitted in writing to the Contract Manager and shall be approved or denied in writing to the Contractor within fifteen (15) calendar days of receipt.

3.11 Posting of Available Menus with Prices The Contractor shall ensure that the approved Inmate Canteen Menu and Visitor Park Canteen Menu with clearly delineated prices are posted at each canteen and on a central bulletin board accessible to the inmate population. The successful Contractor will be responsible for providing a lockable central bulletin board at each canteen location that is approved by the Warden or designee at each institution. These menus shall be printed on non colored paper that allows the inmates to easily read the menu items. Font size shall not be smaller than “11”. Menus shall be approved by the Contract Manager prior to posting.

3.12 Additional Canteen Services

3.12.1 Inmate Photo Project

The Contractor shall ensure the inmate canteens and all visiting park canteens sell photo tickets to the inmates for $2.00 per photo ticket and that the visiting park canteens sell photo tickets to visitors for $2.00 per photo ticket. All inmate and visiting park canteen processes relating to photo ticket sales will be in accordance with DC Procedure Number 602.015, Inmate Visitation Photo Project.

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All photo/printing equipment required to support this project will be provided by the Contractor. All equipment must be approved for use by the Contract Manager or designee prior to use in any facility. All equipment purchased by the Contractor shall be owned and maintained by the Contractor, at the Contractor’s expense and shall be retained by the Contractor.

3.12.2 Postage Stamps

The Contractor shall ensure that U.S. postage stamps are available in the inmate canteens in sufficient quantity.

3.12.3 Quarterly Orders

To process Quarterly Order Products, the canteen system must have the ability to separate quarterly order purchases from regular inmate canteen purchases as dollars spent on quarterly order purchases are not included in the inmate’s weekly draw. Quarterly order forms will be made available at the inmate canteens for the general inmate population. The inmate will fill out a quarterly form and send the order form to the designated Contractor staff (Canteen Manager) assigned to the facility during the first week of the first month of the quarter. The Contractor shall review the forms for accuracy and completeness, verify all prices and add sales tax to determine the total sales amount. The Department will provide to the Contractor using File Transfer Protocol (FTP) technology the inmate’ current Trust Fund Balance. The Contractor shall complete the order with inmate name, DC#, and total sales amount indicated. The total sales amount will be compared with available inmate funds. The sales amount will be deducted from the inmate’s account, and the total consolidated order will be processed. The Contractor is required to send a file to the Department using File Transfer Protocol (FTP) technology, which will automatically deduct sales from the inmates’ accounts. Upon receipt of the items, the items will be forwarded to the property officer for distribution to the inmate(s) placing the quarterly order.

3.13 Inmates in Special Housing Units or Other Confinement Status In addition to inmates in general population, the Contractor shall sell canteen products to inmates in special housing units including Close Management, Administrative and Disciplinary Confinement, Death Row, Infirmary, Transitional Care Units (TCU’s) and Crisis Stabilization Units (CSU’s) (Psychiatric Units). The specific procedure to be utilized by the Contractor shall be established by each individual institution pursuant to a confinement delivery schedule approved by the Warden. In general, confinement orders shall be processed as follows: The inmate shall be provided with a manner in which to fill-out an order form and receive the items ordered within three (3) days or earlier if required by the institution’s confinement delivery schedule. All signed order forms will be sent to the Contractor’s staff (Canteen Manager) assigned to the facility who shall debit the inmate’s canteen account. The Contractor’s Canteen Manager or the Inmate Canteen Operator will deliver orders to the housing units for distribution, as determined by the individual institution. After delivery of the canteen orders to the housing unit in clear, perforated bags provided by Contractor, Security Staff and the canteen staff will distribute the orders cell-by-cell. The inmate receiving the items will sign the receipt for the merchandise delivered. The Contractor’s Canteen Manager shall update the CM/Confinement order log for tracking purposes. Any undeliverable sales will be voided and merchandise will be returned to stock. All voided sales will have documentation sent to the inmate as well as being voided in the inmate account. Canteen orders will be processed weekly using appropriate order forms. The Contractor shall be responsible for providing a sufficient number of order forms for each applicable institution. The Contract Manager shall provide an original of each required form to the Contractor within ten days of contract execution, which may be duplicated as needed by the Contractor. Inmates in special housing units including Death Row, Infirmary, Transitional Care Units (TCU’s) and Crisis Stabilization Units (CSU’s) (Psychiatric Units) may be authorized to purchase equipment in conjunction with this program at the Department’s discretion. The Contractor’s Canteen Manager or the Inmate Canteen Operator shall deliver orders to the housing units for distribution, as determined by the individual institution.

3.14 Inventory Control and Product Loss

At all times material hereto, the Contractor shall be responsible for its own inventory maintenance and control. The Department will not be responsible for any losses suffered by the Contractor related to failure to maintain appropriate

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inventory control. The Contractor shall be responsible for the maintenance (ice buildup, lighting, unit repairs, etc.) of any walk in cooler or freezer where their product(s) are solely stored. Structural repairs that are required due to the use of the Contractor’s equipment that cause damage to any state owned property shall be the responsibility of the Contractor. Example: wood floor UCI warehouse, building damage caused by the tugs or other warehouse equipment that damage gate(s), buildings, doorways, fencing, etc. In addition, the Department will not be responsible for any losses suffered by the Contractor related to property destruction by inmates, or as a result of fire, or theft. It is the sole responsibility of the Contractor to secure and provide insurance coverage.

3.15 Kosher Items

All Kosher Items shall be clearly identified on any posted menus. 3.16 Applicable Sales Tax

The successful Contractor is responsible for determining the application of sales tax and for reporting and submitting all applicable sales tax to the Department of Revenue. The successful Contractor shall resolve all sales tax issues with the appropriate governmental agencies.

3.17 Inmate Spending Limits Inmates are allowed to spend an amount set by the Department not to exceed $100 per week, exclusive of all items obtained through Quarterly Orders. This amount is currently established at $100 per week subject to availability of funds.

3.18 Canteen Security The successful Contractor shall comply with Department key control procedures. The Department will ensure that the Contractor has reasonable access to the canteens and institutional warehouses at all times that the canteens would normally operate and at other reasonable times requested by the Contractor. All canteen keys and locks will be provided, maintained by the Department and shall remain under the exclusive control of the Department during the life of the contract resulting from this solicitation.

3.19 Warehouse Receiving/Distribution The Department shall designate existing secure warehouse storage space (including refrigerated space) available for the support of the canteen operations The Successful bidder shall be responsible for purchasing and receiving all commodities necessary for canteen operations, delivered to the institutions. In the event Contractor staff is not available at the institution to receive commodities, with the exception of unavailability due to emergency, the Contractor’s staff shall notify the Warden who shall direct the Department’s warehouse staff to receive the commodities and sign for pallets or boxes. The pallets or boxes received will be immediately transported to the assigned, secured area, as designated for canteen items. In no event shall Department staff be responsible for counting received goods or for certifying that shipments are correct and accurate. Signature will only serve to verify that a shipment to Contractor was received. The Contractor is responsible for accountability of all commodities received on the Contractor’s behalf by Department warehouse staff. The Contractor agrees to hold the Department harmless from any and all claims, or disputes arising from, caused by, or related to any agent or employee of the Department receiving canteen goods or commodities as contemplated under this section. The Contractor shall be responsible for ordering, receiving, storing, and accounting for all canteen commodities. The Contractor shall assume all responsibility for receipt, handling, maintenance and inventory of commodities stored in the provided storage space (including movement from the designated warehouse space to the canteens). The Department will provide inmates to unload and receive canteen commodities shipped to each institutional warehouse; however, Contractor’s staff shall be responsible for proper receipt, and inspection. The Contractor shall be responsible for assuring that the commodities are ordered and deliveries are made in accordance with the delivery schedules and security procedures established at each institution and/or facility, including inspection of

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each delivery and removal and disposal of shrink wrap and other plastic packaging. Each institution and/or facility requires advance notification of all non-scheduled deliveries.

3.20 Availability and Use of Inmate Labor The Contractor may use inmate labor to assist in daily canteen operations; however, inmates will not be considered employees of the Contractor for any purposes whatsoever. The Department will select and provide the inmates to be utilized. The actual number of available inmates shall be agreed upon by the Contract Manager or Warden and the Contractor and reviewed or revised as necessary. The Contractor may request the Warden to remove any inmate from assignment to canteen operations. Inmates shall be replaced within one working day. No inmate shall be assigned to any position that requires him or her to supervise another inmate. One inmate should be assigned to each area (Canteen, Warehouse, and Visiting Park). If additional assistance is needed in the Warehouse, the warden may approve the inmate assigned to the Visiting Park to assist in the warehouse duties Monday – Friday to eliminate the need to increase the number of inmates assigned to the Contractor. Prior to assigning an inmate to canteen operations, the institutional classification staff will ensure the inmate has a verified W-9 on file. They will forward a copy of the verified W-9 to the Contractor’s on-site manager one (1) business day prior to the inmate being assigned. If the Contractor doesn’t receive a verified W-9 prior to the inmate being assigned, they will notify the institutional classification supervisor and request another inmate is assigned that has gone through the W-9 verification process. Documentation of this notification and request shall be maintained by the Contractor’s on-site manager and available for review upon request.

3.20.1 Receiving/Warehousing

The successful Contractor’s staff shall be responsible for proper receipt and inspection of all shipments.

3.20.2 Inmate Pay

The Department will pay inmates who work in the canteens or perform canteen support functions. The Contractor shall provide the Contract Manager or designee with a report identifying the inmates that have worked in the canteens for the previous month. This report shall be submitted no later than the fifth (5th) working day of each month. The report shall be submitted on a Microsoft Excel spreadsheet in the Department’s designated format.

3.20.3 Inventory Shortages Related to Inmates

The Department will not be responsible for any shortages in the Canteen Inventory, regardless of the cause of the shortage. The Contractor shall comply with applicable department procedures regarding shortages related to inmates.

3.20.4 Monthly Evaluations of Inmates

The Contractor shall conduct monthly evaluations of inmates assigned to canteen operations by the tenth (10th) calendar day of each month on forms provided by the Department. These evaluations shall be submitted to the Classification Section at each institution. Any inmate that works for the Contractor must have Gain Time reported and receive a monthly Gain Time Rating. If any inmate(s) name is not on the Gain Time report generated by the Department, it is the Contractor’s responsibility to notify Classification of the error and submit a self generated report. The inmates submitted for Gain Time shall exactly match the Inmate Payroll Report submitted for the month of evaluation.

3.20.5 Disciplinary Reporting

In the event of rule violations by inmates working with the Contractor, including loss or theft, the Contractor shall document the incident on specified Department-provided forms and notify security personnel at the institution. Copies of all documentation shall be submitted to the Control Room at each institution. Security personnel are responsible for taking the necessary steps for disciplinary action.

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3.21 Contractor’s Staff Requirements

3.21.1 General Administrative Requirements

The Contractor shall provide an adequate level of staffing for provision of the services outlined herein and shall ensure that staff providing services is highly trained and qualified. Additionally, the Contractor shall liaise with and maintain a good working relationship with the judiciary, criminal justice system, DC staff, and the community if required to support the Contract. 3.21.1.1 The Contractor or Contractor’s staff shall comply with the Department’s Security Requirements for

Contractors (Exhibit C) on institutional and facility security policies. Violations of these rules could result in termination of the Contract. The Contractor shall contact, within ten (10) calendar days of execution of any contract which may result from this ITB, the institution(s) or facility(ies), within each region for which the Contract was awarded, to obtain a copy of any specific institutional or facility rules.

3.21.1.2 The Contractor shall NOT provide individuals possessing “temporary work visas” to fill positions under this scope of services.

3.21.1.3 All contractor/subcontractor staff providing services under the Contract shall have the ability to

understand and speak English to allow for effective communication between Contractor staff and Department staff and inmates.

3.21.1.4 Contractor staff shall be subject to searches of their person or their vehicle or searches of equipment

and/or products at any time. The Contractor must permit inspection of their vehicles and search of contract employees and representatives, and their personal possessions before being admitted or leaving state property. Violation of Department of Corrections’ Rule 33.602.203 Control of Contraband, Florida Administrative Code, and as defined in Section 944.47, Florida Statutes, is a felony and is punishable as provided by same.

3.21.1.5 Security procedures at any correctional institution or facility are stringent and necessary. This includes

security screening when entering and exiting the institution or facility and may include a thorough inventory of tools and materials. The Contractor shall provide the institutional staff with a tool inventory sheet upon signing-in. The Contractor is advised to carefully consider the impact of additional time when developing the bid. No additional compensation will be made for time involved in adhering to security requirements.

3.21.2 Staffing Plans and Levels

The Contractor shall have at least one employee (Canteen Manager) on-site at each major institution during all normal working hours (typically M - F; 8 - 5) to oversee canteen operations and respond to canteen issues, regardless of the number of canteens operating at the institution or satellite facility as per Exhibit H, Inmate/Visitor Park Canteens-Current Staffing Plan. This employee must be able to make operational decisions on behalf of the Contractor. Upon implementation of service, the Contractor shall provide to each institution’s warden, a list indicating the name(s) and all contact information for the assigned Canteen Manager and for any other person who may be contacted to make decisions regarding the canteen operation when the on-site employee is not available. The facility warden will establish the working hours for this employee based on the warehouse hours. In addition, one (1) week prior to the scheduled implementation date for each institution, the Contractor shall provide a staffing roster to the Contract Manager for the respective facility. The roster will include the name, position, title for each member of the Contractor’s staff at the institution. In addition, the Contractor shall provide the names and phone number for Contractor’s regional management staff that can be reached in the off-hours of Contractor’s canteen staff.

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3.21.3 Contractor Key Staff Administrative Positions and Responsibilities

The Contractor shall provide the following minimum key administrative staff positions in support of the subsequent contract resulting from this ITB: 3.21.3.1 Chief Executive Officer (or equivalent title) - The Chief Executive Officer is the highest-ranking

officer in the Contractor’s company or organization. The CEO should have a minimum of two (2) years experience as CEO in a company providing canteen operations services.

3.21.3.2 Administrative Project Manager for Canteen Operations Services (or equivalent title) - The

Administrative Project Manager is the individual who will have corporate responsibility for administration of the Contract. This individual should have a minimum of two (2) years experience within the last five (5) years at a management level, providing direct administrative oversight of a canteen service operation.

3.21.4 Staff Conduct and Safety Requirements

When providing services to the inmate population or in a correctional setting, the Contractor’s staff shall adhere to the standards of conduct prescribed in Chapter 33-208, Florida Administrative Code, and as prescribed in the Department’s personnel policy and procedure guidelines, particularly rules of conduct, employee uniform and clothing requirements (as applicable), security procedures, and any other applicable rules, regulations, policies and procedures of the Department.

In addition, the Contractor shall ensure that all staff adheres to the following requirements:

3.21.4.1 The Contractor’s staff shall not display favoritism to, or preferential treatment of, one inmate or group

of inmates over another. 3.21.4.2 The Contractor’s staff shall not deal with any inmate except in a relationship that supports services under

this Contract. Specifically, staff members must never accept for themselves or any member of their family, any personal (tangible or intangible) gift, favor, or service from an inmate or an inmate’s family or close associate, no matter how trivial the gift or service may seem. The Contractor shall report to the Contract Manager any violations or attempted violation of these restrictions. In addition, no staff member shall give any gifts, favors or services to inmates, their family or close associates.

3.21.4.3 The Contractor’s staff shall not enter into any business relationship with inmates or their families (example

– selling, buying or trading personal property), or personally employ them in any capacity. 3.21.4.4 The Contractor’s staff shall not have outside contact (other than incidental contact) with an inmate being

served or their family or close associates, except for those activities that are to be rendered under the Contract.

3.21.4.5 The Contractor’s staff shall not engage in any conduct which is criminal in nature or which would bring

discredit upon the Contractor or the State. In providing services pursuant to this Contract, the Contractor shall ensure that its employees avoid both misconduct and the appearance of misconduct.

3.21.4.6 At no time shall the Contractor or Contractor’s staff, while delivering services under this Contract,

wear clothing that resembles or could reasonably be mistaken for an inmate’s uniform or any correctional officer’s uniform or that bears the logo or other identifying words or symbol of any law enforcement or correctional department or agency.

3.21.4.7 Any violation or attempted violation of the restrictions referred to in this section regarding employee

conduct shall be reported by phone and in writing to the Contract Manager or their designee, including proposed action to be taken by the Contractor. Any failure to report a violation or take appropriate disciplinary action against the offending party or parties shall subject the Contractor to appropriate action, up to and including termination of this Contract.

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3.21.4.8 The Contractor shall report any incident described above, or requiring investigation by the Contractor, in

writing, to the Contract Manager or their designee within twenty four (24) hours, of the Contractor’s knowledge of the incident.

3.21.5 Staff Background/Criminal Records Checks

3.21.5.1 The Contractors’ staff assigned to this Contract shall be subject, at the Department’s discretion and

expense, to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check. This background check will be conducted by the Department and may occur or re-occur at any time during the Contract period. The Department has full discretion to require the Contractor to disqualify, prevent, or remove any staff from any work under the Contract. The use of criminal history records and information derived from such records checks are restricted pursuant to Section 943.054, F.S. The Department will not disclose any information regarding the records check findings or criteria for disqualification or removal to the Contractor. The Department will not confirm to the Contractor the existence or nonexistence of any criminal history record information. In order to carry out this records check, the Contractor shall provide, prior to commencing services upon institution property, and upon request at any time, the following data for any individual Contractor or subcontractor’s staff assigned to the Contract: Full Name, Race, Gender, Date of Birth, Social Security Number, Driver’s License Number and State of Issue. If requested, the Contractor’s staff shall submit to fingerprinting by the Department of Corrections for submission to the Federal Bureau of Investigation (FBI). The Contractor shall not consider new employees to be on permanent status until a favorable report is received by the Department from the FBI.

3.21.5.2 The Contractor shall ensure that the Contract Manager or designee is provided the information

needed to have the NCIC/FCIC background check conducted prior to any new Contractor staff being hired or assigned to work under the contract. The Contractor shall not offer employment to any individual or assign any individual to work under the contract, who has not had an NCIC/FCIC background check conducted.

3.21.5.3 The Contractor shall obtain a Level II background screening (which includes fingerprinting to be

submitted to the Federal Bureau of Investigation (FBI)), and results must be submitted to the Department prior to any current or new Contractor staff being hired or assigned to work under the Contract. The Contractor shall bear all costs associated with this background screening.

3.21.5.4 No person who has been barred from any Department institution or other facility shall provide

services under this Contract. 3.21.5.5 The Contractor shall not permit any individual to provide services under this Contract who is under

supervision or jurisdiction of any parole, probation or correctional authority. Persons under any such supervision may work for other elements of the Contractor’s agency that are independent of the contracted services. The objective of this provision is to ensure that no employee of the Contractor, under any such legal constraint, has contact with or access to any records of Department of Corrections’ inmates sentenced to sites included under this Contract.

3.21.5.6 The Contractor shall disclose any business or personal relationship a Contractor staff person, officer,

agent or potential hiree may have with anyone presently incarcerated or under the supervision of the Department.

3.21.5.7 The Contractor shall immediately report any new arrest, criminal charges or convictions of a current

employee under this Contract.

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

3.21.6 Utilization of E-Verify

As required by State of Florida Executive Order Number 11-116, the Contractor identified in this Contract is required to utilize the U.S. Department of Homeland Security’s E-Verify system to verify employment eligibility of: all persons employed during the contract term by the Contractor to perform employment duties pursuant to the Contract, within Florida; and all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the Contract with the Department. (http://www.uscis.gov/e-verify) Additionally, the Contractor shall include a provision in all subcontracts that requires all subcontractors to utilize the U.S. Department of Homeland Security’s E-Verify system to verify employment eligibility of: all persons employed during the contract term by the Contractor to perform work or provide services pursuant to this Contract with the Department.

3.21.7 TB Screening/Testing

The Contractor shall ensure Contractor's staff performing services under this Contract at institutional sites is screened and/or tested for tuberculosis prior to the start of service delivery, as appropriate, and screened/tested annually thereafter, as required by Department Procedure 401.015, Employee Tuberculosis Screening and Control Program. The Contractor shall provide the institutional Senior Registered Nurse Supervisor with proof of testing prior to the start of service delivery by the staff member and annually thereafter. The Contractor shall be responsible for obtaining the TB screening/testing. The Contractor shall bear all costs associated with the TB screening/testing for their staff or subcontractor staff.

3.22 Information Technology/Point of Sale Systems

3.22.1 Background and Current Canteen Infrastructure and Operation

The existing and future canteen infrastructure at each institution shall consist of a server, software, and point-of-sale devices; all of which are owned by the current Contractor. The Contractor-owned equipment resides on a segment of the Department’s computer network that has been specifically configured for the Contractor’s use. These local networks have been configured with special security measures to ensure that the Contractor’s employees cannot access any of the Department’s Information Technology resources through the network other than the canteen system. There are other Contractor-owned and operated servers which are located in the Data Center located at the Southwood Shared Resource Center (SSRC) in Tallahassee, Florida and will operate under a separate Service Level Agreement (SLA) from this contract. These servers consist of a main applications/database server, and two auxiliary servers used for data communications and software management. The main server in the SSRC communicates across the Department’s Wide Area Network (WAN) with the local servers and communicates with the Inmate Trust Fund System which is housed on an IBM Mainframe Server. The central canteen server also includes the central database which manages detailed sales transaction records and demographic data on all inmates. The point-of-sale device in each canteen communicates directly with the local server located in the canteen warehouse at that institution. Each local server houses a database containing the up-to-date spending authorization for each inmate. All sales transactions that occur in the local canteens are recorded in the local

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server’s database and these transactions are recorded against the inmate’s spending authorization. The local servers in turn synchronize throughout the day across the Department’s WAN with the main server in Tallahassee (SSRC). Even if the local server is unable to synchronize with the main server, the local canteens can continue to operate. This design allows the canteen systems located in the institutions to remain operational even if there is a loss of communications across the WAN between the Institution and the SSRC. Each day, after all canteens have closed, the main server in the SSRC automatically prepares a data file that lists all sales activity for the day, and places the data file on a secure network share at a pre-designated time. The Inmate Trust Fund System then obtains the data file using File Transfer Protocol (FTP) and reads the sales data that it contains in order to recalculate the canteen spending authorization for every inmate in the system. After recalculating the spending limit for each inmate, the Inmate Trust Fund System then places a file called the “housing file” back on the share to be uploaded to the canteen application database. The housing file contains the name and DC number of each inmate in the system, other identifying information, each inmate’s location, and each inmate’s up-to-date spending authorization limit. This information is programmatically transmitted to the local institutions thereby updating the databases on the local servers. If the Contractor’s data file, which contains the sales activity for the day is not uploaded to the Inmate Trust Fund system, the Contractors Cashless canteen system shall have programming setup to automatically not let the canteens open the following day. The Department will assume no responsibility for sales to inmates with insufficient funds caused by contractor’s failure during the data file exchange. The Department will FTP a daily file to the Contractor of all active inmates and requested demographics to include the inmate name, DC#, housing facility, and bed mission, and a balance file containing all active inmates and their available balances. The Contractor shall retrieve the balance file and the hot file and update their inmate database with the demographic and current available balances weekly. The Contractor shall collect orders to be applied to inmate accounts weekly. The Contractor shall FTP the order file to the Department’s assigned server. The Department will process valid orders and create a reject file of those orders that could not be processed. The Department will FTP a file containing a list of processed orders and appropriate tracking information to the Contractor. The Contractor shall process a result file to review successful transactions as well as rejections. In addition to the file exchange and data synchronization that must occur each day, there are other routine maintenance tasks that must be performed. In order to allow for these routine tasks, a service window has been established from 12:00 AM until 4:00 AM each day.

3.22.2 Point of Sale System Requirements

In each canteen to be operated under Contract with the Department, the Contractor shall provide its own turnkey point-of-sale system which shall conform to the following general requirements:

3.22.2.1 The system shall include all hardware and software infrastructure required for operation of the

inmate canteen, which, at a minimum shall include, but not be limited to, performing and recording sales transactions, printing receipts, inventory control, and transmitting data for use by the department’s computer systems.

3.22.2.2 The Contractor shall provide information technology equipment required to run the point of sale

system and related canteen services. Throughout the term of the Contract, the Contractor shall own all systems and equipment and shall conduct all maintenance, repairs, upgrades and replacement to systems and equipment at no cost to the Department.

Additionally, the Department shall have the right to inspect any and all information technology equipment (standalone or connected to the network) without notice at any time.

3.22.2.3 The system shall include cashless point-of-sale devices located in each canteen which record all

inmate sales transactions against inmate accounts by utilizing a shaded barcode which is imprinted on the front of the inmate’s identification card. The system shall function with the existing inmate identification cards being used by the Department and shall not require any modification to the existing cards in order to function reliably.

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3.22.2.4 To avoid potential for abuse of the system by inmates working with the Contractor in the

canteens, the system shall not use a keyboard or other easily manipulated input device to support operations within the canteens.

3.22.2.5 The canteen point-of-sale system shall be installed and function on a separate segment of the

Department’s computer network which has been established specifically for the canteen system at each local institution in which one or more canteens is/are located. The computer network is an Ethernet Network configured for Internet Protocol-based data communications. (Network Diagram and Conceptual Diagram included in Exhibit D)

3.22.2.6 The system shall not utilize wireless data communication technology either for transmitting sales

data from the point-of-sale devices, for data communication with other computers, or for data communication with the Contractor’s corporate network.

3.22.2.7 In the event of system failure, the Contractor shall have the ability to operate any or all canteens

manually, as applicable. When this occurs, all sales data shall be provided by the Contractor to the Department in a manner to be specified by the Department based upon the nature of the system failure. The Department will provide inmate account balances to the Contractor also in a manner to be specified by the Department based upon the nature of the system failure.

3.22.2.8 The system shall be capable of continuing canteen operations on the Local Area Network (LAN)

at each institution, in the event of a failure of the WAN outside of the institution. To do so, the Contractor’s system shall utilize a “store-and-forward” or equivalent technology. If the store-and-forward technology utilized requires the use of a computer system, other than the point of sale equipment, to be located at the local institution, said computer system shall be provided by the Contractor and shall be located in a controlled area to be designated by the Warden of that institution. The Contractor shall be responsible for safeguarding said computer in a manner, to be approved by the Department, which provides strict access control and which is at no time accessible by any inmate.

3.22.2.9 The system shall utilize a “central server” located in the Department’s data center in Tallahassee,

Florida or at a location of the Contractor’s that facilitates access to the server for the Department’s mainframe. This location shall be approved in writing by the Department’s Office of Information Technology (OIT). Contractor’s central server shall function as the gateway for exchanging data between the cashless canteen system and the department’s Inmate Trust Fund System and with the Contractor’s corporate network. The data exchange shall utilize File Transfer Protocol (FTP) when providing data to and receiving data from the Department’s Inmate Trust Fund System. The “Cashless Canteen Record Structures” that the FTP files shall utilize is included in Exhibit E.

3.22.2.10 The system shall be capable of printing, transmitting electronically, and maintaining detailed

transaction records and audit trails and providing all necessary reports.

3.22.2.11 The Department shall be able to deactivate (“lock-down”) and reactivate the canteen system at each individual canteen location or by institution or statewide, as needed for security or if a job (data-upload) or system fails. Designated Department security or finance and accounting personnel shall be able to remotely deactivate (“lock-down”) individual or all canteen systems. The procedures for performing the lock-down shall be fully described to the Department by the Contractor, with final approval of the procedures to be made by the Department. Department staff selected to perform the lock-down or reactivation procedures shall be properly trained to perform this system functionality by the Contractor. Any and all decisions on whether to deactivate (“lock-down”) individual or all canteen systems will be at the sole discretion of the Department.

3.22.2.12 The system shall have a method by which designated Department security and finance and

accounting personnel can review inmate purchases. These procedures will permit a review of

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purchases made by individual inmates as well as purchases made at specific institutions. The system shall also allow designated Department staff to conduct queries of sales by specific items. The procedures for these reviews and queries shall be fully described to the Department by the Contractor with final approval of the procedures to be made by the Department. Department staff selected by the Department to perform these reviews and queries shall be trained to perform this system functionality by the Contractor.

3.22.2.13 All Contractor equipment shall be installed and secured, both physically and technically, in

accordance with the requirements in Florida Department of Corrections’ Procedure Manuals 206.001; 206.002; 206.004; 206.005; 206.007. In addition, the Department has other applicable procedures that are “restricted” due to their content and are not available to the public. Due to the nature of data security requirements, these procedures are rather general and are subject to frequent change without notice. In all matters pertaining to data security, the Department reserves the right to protect its data by any means that Department data security personnel deem appropriate.

3.22.2.14 The Contractor shall provide an easily identified “quick disconnect” method to enable the

Department’s staff to immediately terminate contact between the Contractor’s canteen system and outside communications whenever institutional security is threatened. Said “quick disconnect” method shall not endanger records of previous transactions.

3.22.2.15 The Department will not be responsible for loss of data or loss of sales due to any interruption in

service caused by deactivating or reactivating of the canteen system by Department staff, including shut-down via “quick disconnect”.

3.22.2.16 Under no circumstances shall the Contractor’s point-of-sale equipment be configured in such a

way as to allow for user access to the Internet or Department’s Intranet.

3.22.3 Other Technical and Operational Requirements The Department will designate an individual to act as OIT Liaison in the contract resulting from this ITB, for purposes of approving or coordinating approval of system functions where such functions may impact the Department’s computer network. In addition to the system requirements enumerated above, the following additional technical and operational requirements shall apply: 3.22.3.1 Prior to implementation of Contractor’s system, the Contractor shall provide to the Department’s OIT

Liaison a User Manual and a Technical Manual. The User Manual shall contain detailed instructions for any interfaces that will be used by Department employees. Those instructions shall be written in language that is easy to understand and follow by individuals possessing minimal computer experience. The intended audience of the Technical Manual will be technicians and programmers within the Department’s Office of Information Technology. The Technical Manual need not provide detailed support instructions since the department will not be providing technical support for the Contractor’s system. It shall however, contain a general overview of the system specifications and functions in order to assist Information Technology personnel in supporting the network on which it resides and operates. The Technical Manual shall include technical diagrams, where appropriate.

3.22.3.2 The Contractor shall provide its own qualified technical support staff on-site during system installation

and thereafter, when needed, to troubleshoot and correct system problems or outages. The Contractor shall ensure that subcontractors assigned to provide technical support, whether during installation or thereafter, pass a Department background check and follow local security procedures as determined by the Warden at each institution.

3.22.3.3 The Contractor shall receive no technical support from Department Technical Staff for its system. The

Department’s technical staff shall however, provided support for the Local and Wide Area Networks.

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3.22.3.4 The Contractor shall provide service desk support whenever the canteens (including visitor park canteens) are in operation. The hours in which the Contractor’s service desk is operational shall take into account that Department institutions are located in both Eastern and Central Time Zones.

3.22.3.5 All problems encountered with the canteen system shall be reported to the Contractor’s service

desk whether the person reporting the problem is an employee of the Contractor or an employee of the Department. The Contractor’s service/support desk shall maintain a log of all calls received which may be used to investigate complaints concerning adequacy of service.

3.22.3.6 Any problems that are encountered with the Department’s network, which the Contractor believes

are affecting canteen operations, shall be reported to the Department’s service desk by the Contractor’s service/support desk.

3.22.3.7 Under no circumstances shall the Contractor’s service desk “refer” a caller back to the Department’s

service desk or other technical support staff. When a caller has contacted the Contractor’s service desk for assistance, the Contractor’s service desk shall follow through with the call until the problem is resolved and the details of the problem and its resolution have been recorded.

3.22.3.8 Contractor’s employees are prohibited from operating Department-owned equipment, such as the

systems which manufacture identification cards. Department employees are prohibited from operating Contractor-owned equipment (other than point-of-sale devices operated by inmates).

3.22.3.9 The Contractor shall provide all computers needed to conduct business. Should Contractor

employees require data communications access to the Contractor’s corporate network, the Contractor shall request such access through the OIT Liaison and make mutually acceptable arrangements to accomplish communication. Should the Contractor require the ability to connect to/with Department’s computer network from outside the Department’s internal computer network, the Contractor shall, prior to such connection being established, provide to the OIT Liaison a detailed description of the Contractor’s computer network and a detailed description of the security measures that the Contractor employs to provide data security to the Contractor’s network infrastructure. If the Department does not approve of the security measures to be utilized, it shall notify the Contractor in writing via notification from the OIT Liaison (with a copy to the Contract Manager and Contract Administrator). The Contractor shall have a reasonable time period within which to modify its security measures to ensure that the Department’s computer network is not negatively impacted by establishment of the connection.

3.22.3.10 Vendor Access to the Department’s Network: All access to the department’s network or access to

vendor’s private network on the Department’s property including but not limited to Dial-up, DSL, Cable and/or Satellite must first be approved by the Department’s Chief Information Officer (CIO). To obtain this approval, the vendor must submit a written request for the access together with their security policy/procedure and a network diagram of their proposed connectivity to the Department’s Office of the CIO. After review, the Chief Information Officer will make the final determination, providing a written response to the vendor’s request. Any proposed data communication from an outside non-law enforcement entity must be implemented via a LAN to LAN Virtual Private Network (VPN). This VPN service is provided by the Department of Management Services (DMS) at the request and expense of the vendor. Access by law enforcement is provided through the Criminal Justice Network (CJNET), administered by the Florida Department of Law Enforcement. Vendor must agree to follow all of the department’s Information Technology Procedures including but not limited to Personal Computers (PC), peripherals, Security and Network access.

3.22.3.11 Security of Information Technology Equipment: All PC’s must be located within secured (Locked)

Offices. No PC will be unattended without a Password protected Screen saver configured. All vendor PC’s must meet minimum Office of Information Technology (OIT) standards including a fully functioning up to date antivirus and spy-ware detection software approved by OIT. This software must update continuously on a daily bases. USB Flash Drives are not permitted behind a secure perimeter, without written approval from the Chief Information Officer. All locations will have the

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ability to disconnect/disable communications from outside the perimeter to eliminate the ability to communicate between PC’s within or outside the facility.

3.22.3.12 Internet Access: All computers (including vendor equipment) will only be used to conduct the “official

business” or business contracted by the state. No department employee, consultant, contract employee or vendor will use the department’s Internet Services for non-work related purposes.

3.22.3.13 Services which allow the Contractor to manage its technology infrastructure remotely (from outside

of the Department’s internal network) shall be coordinated with and approved by the Department’s OIT Liaison or designee and any associated costs of such services shall be borne by the Contractor. This section refers to direct costs charged by the service provider which provides said remote connection capability to the Contractor. It does not refer to costs to the Department which are covered elsewhere under operating expenses.

3.22.3.14 Prior to completion of full-service implementation, the Contractor shall provide a disaster recovery

system acceptable to the Department which provides for a means to manage the canteens in the event of a catastrophic event. The Department may require that said disaster recovery system be tested as a part of the Department’s normal disaster recovery exercises. If the Department does not approve of the disaster recovery system proposed, it shall notify the Contractor in writing via notification from the OIT Liaison (with a copy to the Contract Manager and Contract Administrator). The Contractor shall have a reasonable time period within which to modify its disaster recovery system to the Department’s satisfaction.

3.22.4 Exchange of Canteen Sales and Inmate Information

The Department operates a centralized mainframe system for statewide Inmate Trust Fund processing and accounting. Data must be exchanged daily between the inmate’s account on the mainframe and the Contractor’s canteen using File Transfer Protocol (FTP) at the time specified by the Department. The Contractor must provide a single centralized interface with the Department’s Inmate Trust Fund System as illustrated in Exhibit D.

3.22.5 Information Security

The contractor’s software must be written and function in a secure manner free of bugs and not contain any vulnerability that could jeopardize the department’s information security or network. At a minimum workstations and servers will be managed by a comprehensive Patching and Vulnerability management program. This will include virus protection and a patching utility. The Department reserves the right to review the software at anytime for compliance. Industry standard programming standards (i.e. COBIT) should be adhered to and documented. This documentation can be reviewed by the Department at anytime. A documented Information System Development Methodology (ISDM) approved by the Department will suffice for programming standards. Changes to the production environment (hardware and software) must be pre-approved and flow through the Office of Information Technology‘s (OIT) Change Management Process. The Contractor shall maintain an Information Security Awareness program. This program will be designed to keep users of the system up to date on cyber security events capable of compromising the system and or network.

3.22.6 Software Escrow/Source Code Agreement

3.22.6.1 This Section only applies to any pre-existing and proprietary software applications owned by the

Contractor for use in the services to be performed as a result of this solicitation. . The Contractor shall provide programmers’ guidance and documentation and all programming source code of such applications. Source code and programmers' guidance documents will be used by the Department’s staff only in the event that the Contractor is unable to continue doing business during the term of the Contract, to include, but not be limited to:

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a. the filing of a petition in bankruptcy court (unless filed for purposes of reorganization) by or against the Vendor, and the failure of the bankruptcy trustee or debtor in possession to either assume or perform under this Invitation to Bid, or to have the bankruptcy proceedings, terminated with forty-five (45) days after the filing of such petition, or

b. the Contractor’s failure to continue in business without a successor, or c. an adjudication by a court of competent jurisdiction that the Vendor has failed to provide in a

material respect the obligations under this Invitation to Bid. 3.22.6.2 The delivery of the software, source code, and documentation shall be provided on CD-ROMs and at

minimum the delivery will contain:

a. The Software Application in its entirety (i.e., the compiled software executable, its associated companion files);

b. The complete software source code for the software application; c. The build instructions for the source code; d. The database format; e. The system requirements required to operate; f. The programming guidance documentation; and g. A “README” file cataloging the data and files contained on each CD-ROM

3.22.6.3 Additionally, the Department will not release the source code or programming documentation to others,

other than for the purpose of modifying the software for the Department’s use. 3.23 Inmate Canteen Accounts

Only inmates, who have an account through the Inmate Trust Fund System, are in proper possession of a Department identification card and who are not otherwise restricted, are allowed to purchase canteen items. Identifying information is contained in a UV-protected barcode on the inmate’s identification badge, including date of birth (8 characters), card number (2 characters) and DC number (6 characters). The Contractor shall provide a methodology to allow the Department to activate and/or deactivate a canteen account for various reasons, including transfer of the inmate and generation of a new ID card. Activation for a newly received inmate must trigger a daily download of canteen spending limit information from the Inmate Trust Fund. These processes may occur at any time of the day or night, twenty-four (24) hours a day, 365 days a year.

3.24 Inmate Complaints/Grievances Inmates have the opportunity to file grievances about any aspect of their incarceration, including the provision of canteen products. Any grievances filed by inmates regarding canteen products shall be referred to the Contractor’s Representative or designee, identified in Section 7.5.4, who shall review the informal grievance and provide information to the Warden or his/her designee for response, as necessary. The Contractor shall track the number of inmate requests/grievances received by the facility. The Contractor shall list the type of grievance (request for new item(s), sales issues, inmate banking issues, products ordered, but not receive, etc.) and submit the list to the Contract Manager on a quarterly basis. The Contractor shall furnish all information in a timely manner and in keeping with all applicable response deadlines. Any grievances not satisfied at the institutional level can be appealed by the inmate to the Bureau of Inmate Grievance Appeals for resolution. The Contract Manager reserves the right to resolve grievance matters on the Department’s behalf. The Contractor shall provide canteen services within the parameters as defined in Section 3 and as directed by the Department.

3.25 General Reporting Requirements The Contractor shall provide the following general reports to the Department, as delineated below in an approved format approved by the Contract Manager or designee.

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3.25.1 Inmate Pay Report: The Contractor shall provide the Contract Manager or designee with a report identifying the inmates that have worked in the canteens for the previous month. This report shall be submitted no later than the fifth (5th) working day of each month. The report shall be submitted on a Microsoft Excel spreadsheet in the Department’s designated format.

3.25.2 Ad Hoc Reports: The Department reserves the right to require ad hoc reports, other information pertaining to

Contract compliance or other reports or information that may be required to respond to grievances, inquiries, complaints and other questions raised by inmates or other parties. The Contractor shall submit the report or information in not less than seventy-two (72) hours after receipt of the request. When time is of the essence, the Contractor shall make every effort to answer the request as soon as possible so that the Department can respond to the authority or party making the request.

3.26 Performance Measures

The Department desires to contract with a provider who clearly demonstrates its willingness to be held accountable for the achievement of certain performance measures in successfully delivering services under this Contract. Therefore, the Department has developed the following Performance Measure categories which shall be used to measure Contractor’s performance and delivery of services: 1) Performance Outcomes and Standards; and 2) Other Contract Requirements. A description of each of the Performance Measure categories is described below: 3.26.1 Performance Outcomes and Standards

Listed below are the key Performance Outcomes and Standards deemed most crucial to the success of the overall desired service delivery. The Contractor shall ensure that the stated performance outcomes and standards (level of achievement) are met.

3.26.1.1 Per Diem Payment

Outcome: All Electronic Funds Transfer (EFT) monthly per diem payments due to the

Department shall be timely received (within fifteen (15) calendar days after the final day of the previous month).

Measure: The number of days from the first day of the month to the date payment is received

by the Department. Standard: One hundred percent (100%) of payments shall be timely received. This

performance outcome shall be measured on a monthly basis.

3.26.1.2 ACA Accreditation

Outcome: The Contractor shall maintain full ACA accreditation for canteen operation services at currently accredited institutions.

Measure: ACA Accreditation shall not be lost as a result of failure to maintain canteen area

operations in accordance with ACA standards. Standard: One hundred percent (100%) of ACA Accreditations for Canteen Operations Services

shall be maintained. This performance outcome shall be measured yearly in accordance with the ACA audit at the respective institution.

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3.26.1.3 Inventories

Outcome: One hundred percent (100%) of all products (on the Master Canteen Products List not including Quarterly Order products) shall be maintained in inventory at each canteen (inmate canteen and visiting park canteen).

Measure: On-site review of actual inventory at any canteen or storage area within an institution

or under that institution’s purview semi-annually. Standard: A minimum of ninety-eight percent (98%) of all products (on the Master Canteen

Products List not including Quarterly Order Products) shall be maintained in inventory at each canteen (inmate canteen and visiting park canteen). The Contractor shall not instruct inmate labor to not sell out of items in order to keep in compliance with the 98% fill rate. This performance outcome shall be measured semi-annually for each Department institution at which canteens are in operation.

3.26.2 Other Contract Requirements

Measure: The Department will monitor the Contractor's performance to ensure maximum compliance with other contract requirements including, but not limited to the following. 3.26.2.1 All Corrective Action Plans shall be timely submitted (when applicable); and 3.26.2.2 Terms and Conditions of the Contract not involving delivery of services listed above.

Standard: The Contractor shall achieve 100% compliance after the time frames allowed for corrective action on identified deficiencies. Performance shall be measured on a monthly basis beginning the second month after services have been implemented except if earlier action is determined necessary by the Contract Manager.

3.27 Monitoring Methodology

3.27.1 Performance Outcomes and Standards

The Department’s Contract Manager and/or designee will monitor the Contractor's service delivery at each institutional site to determine if the Contractor has achieved the required level of performance for each Performance Outcome and Standard identified in Section 3.26.1 on a semi-annual basis. If the Department determines that Contractor has failed a Performance Outcome and Standard, the Contractor will be sent a formal contract communication in accordance with Section 3.3. Note: The Contractor shall correct all identified non-compliant service delivery related to failure to meet the Performance Outcomes and Standards identified in Section 3.26.1, however, this shall not negate the fact that a performance outcome and standard has not been met and that liquidated damages will be imposed. In the event the Department determines that liquidated damages should not be imposed, the Contractor shall still correct all non-compliant service delivery within thirty (30) calendar days of written notice.

3.27.2 Other Contract Requirements

The Department will monitor the Contractor’s compliance with all other contract requirements as determined necessary but no less than once a year. (Final Contract Monitoring tool will be developed by the Bureau of Contract Management and Monitoring in accordance with the requirements in the resultant contract). Such monitoring may include, but is not limited to, both announced and unannounced visits. The Department’s Contract Manager or designee for Contract Monitoring will provide an oral exit report at termination of each site visit and a written monitoring report to the Contractor within three (3) weeks of the visit. Non-compliance issues identified by the Contract Monitor or designee will be identified in detail to provide opportunity for correction. Within ten (10) calendar days of receipt of the Department’s monitoring report, the Contractor shall provide a formal Corrective Action Plan (CAP) in response to all noted deficiencies to include responsible individuals and

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required time frames for achieving compliance. The Contract Manager, designee for Contract Monitoring or other designated Department staff members may conduct follow-up monitoring reviews at any time to determine compliance based upon the submitted CAP. The Department reserves the right for any Department staff to make scheduled or unscheduled, announced or unannounced monitoring visits. During follow-up monitoring, any noted failure by the Contractor to correct deficiencies for Other Contract Requirement violations identified in the monitoring report within the time frame specified in the CAP may result in application of Liquidated Damages as specified in Section 3.28.2.2.

3.27.3 Instances of Failure

Failure to meet either the Performance Outcomes and Standards or Other Contract Requirements or to correct deficiencies may, in addition to imposition of liquidated damages, result in determination of Breach of Contract, and/or termination of the Contract in accordance with Section 7.2, Termination.

3.28 Liquidated Damages (General) The Contractor shall expressly agree to the imposition of liquidated damages, in addition to all other remedies available to the Department by law.

The Department’s Contract Manager will provide written notice to the Contractor’s Representative of all liquidated damages assessed accompanied by detail sufficient for justification of assessment. The Contractor shall forward a cashier’s check, money order, or company check to the Contract Manager, payable to the Department in the appropriate amount, within ten (10) days of receipt of a written notice of demand for damages due. 3.28.1 Liquidated Damages For Failure to meet Performance Outcomes and Standards

The Contractor hereby acknowledges and agrees that its performance under the Contract must meet the Performance Outcomes and Standards set forth in Section 3.26.1. If the Contractor fails to meet any Performance Outcome and Standard, the Department will impose Liquidated Damages as indicated below: 3.28.1.1 Per Diem Payment: For failure to comply with the Performance Outcome and Standard identified in

Section 3.26.1.1, the Department will impose liquidated damages of five thousand dollars ($5,000.00) per day for each work day past the fifteenth (15th) day that the EFT has not been received. This shall be assessed on a monthly basis.

3.28.1.2 ACA Accreditation: For failure to comply with the Performance Outcome and Standard identified in

Section 3.26.1.2, where the Contractor fails to maintain ACA Accreditation for canteen operation services, the Department will impose liquidated damages in the amount of two thousand five hundred dollars ($2,500.00) per institution for the loss of accreditation due to canteen operations. This shall be assessed on an annual basis per institution, depending on the date of the ACA audit.

3.28.1.3 Inventories: For failure to comply with the Performance Outcome and Standard identified in Section

3.26.1.3, the Department will impose liquidated damages of five thousand dollars ($5,000.00) for each institution that does not maintain a minimum of 98% of on-hand inventory. The Contractor shall not instruct inmate labor to not sell out of items in order to keep in compliance with the 98% fill rate. This may be assessed on a semi-annual basis per institution (including all DC sites under that institution’s purview).

Repeated failure to meet an established Performance Outcome and Standard, for a consecutive monitoring period will result in liquidated damages being doubled.

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3.28.2 Liquidated Damages For Other Contract Requirements

For failure to meet other contract requirements, set forth in subsection 3.27.2, liquidated damages will be imposed as follows:

3.28.2.1 Failure to Timely Submit Corrective Action Plan (CAP) (addressing Other Contract Requirements)

In the event that the Contractor receives a Monitoring Report requiring a Corrective Action Plan (CAP) to be submitted and fails to submit a CAP responding to each specified written deficiency within the time frames specified in Section 3.27, liquidated damages in the amount of five thousand dollars ($5,000.00) per CAP not timely submitted will be imposed.

3.28.2.2 Failure to Timely Correct Identified Contract Deficiencies

In the event the Contractor fails to correct deficiencies noted in the Department’s monitoring report within the time frames indicated in the CAP, liquidated damages in the amount of one thousand dollars ($1000.00) per day per institutional site where deficiencies have not been timely corrected shall be imposed until such time as all noted deficiencies are corrected.

The Department has the discretion to extend any timeframe indicated in Contractor’s CAP.

3.29 Deliverables

The following services or service tasks are identified as deliverables for the purposes of this ITB: 3.29.1 Timely submission of commission payments. 3.29.2 Canteen services as described in this ITB. 3.29.3 Compliance with Other Contract Requirements.

3.30 Contract Termination Requirements

3.30.1 The Contractor shall submit a plan to the Contract Manager no less than one hundred-eighty (180) calendar days prior to intended contract termination outlining steps for transition of service upon contract expiration or in the event of contract termination. The plan shall set forth the date and time of transfer of responsibility by the Contractor to the entity assuming service, with a schedule for each institution.

3.30.2 During any transition period resulting from cancellation or termination of the Contract, the Contractor shall work

cooperatively with the entity assuming service to maintain services in accordance with contract provisions.

3.30.3 Information Technology Equipment/Software: Upon termination of service delivery, whether resulting from expiration of the contract or termination for any reason except Termination at Will by the Department, the Contractor, shall provide the use of the existing information technology equipment/software to the Department or the Department’s Contractor for six (6) months after the end date of the Contract and at no cost to the Department.

If the Department initiates Termination at Will, then the Contractor shall provide the use of the existing information technology equipment/software to the Department or the Department’s Contractor, on a month to month basis for $15,000 per month after the end date of the Contract for a period not to exceed 6 months.


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SECTION 4 – PROCUREMENT RULES AND INFORMATION 4.1 Procurement Manager

Questions related to the procurement should be addressed to: Kelly S. Wright, CPPB, Procurement Manager Florida Department of Corrections Bureau of Procurement and Supply 501 South Calhoun Street Tallahassee, Florida 32399-2500 Fax: (850) 488-7189 E-mail: [email protected] Pursuant to Section 287.057(23), Florida Statutes, Bidders to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the seventy-two (72) hour period following the agency posting the Notice of Agency Decision, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Manager or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a Bid. Questions will only be accepted if submitted in writing and received on or before the date and time specified in the Timeline (Section 2.8). Responses to questions will be posted on the Vendor Bid System (VBS) on or about the date referenced in the Timeline. Any person requiring special accommodation in responding to this solicitation because of a disability should call the Bureau of Procurement and Supply at 850-717-3700 at least five (5) days prior to any pre-solicitation conference, solicitation opening or meeting. If you are hearing or speech impaired, please contact the Bureau of Procurement and Supply by using the Florida Relay Service, which can be reached at 1-800-955-8771 (TDD). Interested parties are encouraged to carefully review all the materials contained herein and prepare Bids accordingly.

4.2 Procurement Rules 4.2.1 Submission of Bids

Each bid response should be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional material are not desired. Emphasis in each bid must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that Bidders follow the format and instructions contained in Section 5, Bid Submission Requirements. Bids are due at the time, date and location specified in the Timeline at the Department of Corrections. Late bid responses will not be accepted nor considered. No Department staff will be held responsible for the inadvertent opening of a bid response not properly sealed, addressed or identified.

4.2.2 Bid Opening

Bids are due and will be publicly opened at the time, date and location specified in the Timeline. The name of all Bidders submitting bids will be made available to interested parties upon written request to the Procurement Manager listed in Section 4.1.

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4.2.3 Costs of Preparing Bids The Department is not liable for any costs incurred by a Bidder in preparing and responding to this ITB, including oral presentations, if applicable.

4.2.4 Disposal of Bids All bids become the property of the State of Florida and will be a matter of public record subject to the provisions of Chapter 119, Florida Statutes. Selection or rejection of the bid will not affect this right. Should the Department reject all bids and issue a re-bid, information submitted in response to this ITB will become a matter of public record as indicated in Section 119.071(1)(b)3, Florida Statutes.

4.2.5 Bid Rules for Withdrawal

A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department, signed by an authorized representative of the Bidder, within seventy-two (72) hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain a valid bid for three hundred and sixty five (365) days after the bid submission date.

4.2.6 Rejection of Bids

The Department shall also reject any or all bids containing material deviations. In determining whether a bid contains a material deviation or a minor irregularity, the Department will use the definitions of those terms set forth in Section 1. The Department reserves the right to reject any and all bids.

4.2.7 Site Visits 4.2.7.1 Site Visits (Non-Mandatory)

All interested Bidders are encouraged to attend a non-mandatory site visit to become familiar with the facility and correctional units, and any conditions that relate to the service to be provided. The Department will not allow visits for individual Bidders at any other time. All bidders interested in attending the Site Visit must undergo a Level II Background Check, prior to entering any correctional facility. Interested parties must send an email to [email protected] (secure email address) at least two (2) business days prior to the date of the first site visit and furnish the following information for all attendees: Site(s) attending, attendee’s Full Name, Social Security Number, Date of Birth and Driver’s License Number. All Department security procedures shall apply during any events associated with this solicitation. Persons present as attendees must be the same individuals for whom information was provided and must be approved by the Department prior to the site visit(s). For security reasons, admittance of any Bidder not previously approved is at the sole discretion of the Warden. Bidders who did not seek prior approval may be denied access. Attendees must present photo identification at the site. The Department will accept verbal questions during the site visits and will make a reasonable effort to provide answers at that time. Impromptu questions will be permitted and spontaneous answers provided; however, parties should clearly understand that the Department will issue a written response ONLY to those questions subsequently submitted in writing in accordance with Section 4.2.8. This written response will be provided to all prospective Bidders via posting on the VBS as an addendum to the ITB and shall be considered the Department’s official answer or position to the question or issue posed. Verbal answers and discussions shall not be binding upon the Department.

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Site visits shall occur according to the following schedule and interested parties shall meet at the Institution’s Administration Building. All Department security procedures shall apply.

SITE VISIT SCHEDULE

Region Institution Address Date Time

I Jefferson CI 1050 Big Joe Road Monticello, Florida 32344-0430

December 16 2013

8:30 - 11:30 am EST

I Taylor CI 8501 Hampton Spring Road Perry, FL 32348

December 16 2013

1:00 – 4:30 pm EST

II Lawtey CI 22298 N.E. County Road 200B Lawtey, Florida 32058

December 17, 2013

8:30 - 10:00 am EST

II Florida State Prison

23916 N.W. 83rd Avenue Raiford, Florida 32083

December 17, 2013

10:30 - Noon EST

II Union 7819 N.W. 228th Street Raiford, Florida 32026-4000

December 17, 2013

3:30 - 5:00 pm EST

II Lowell CI & Annex

11120 N.W. Gainesville Road Ocala, Florida 34482-1479

December 18,

2013 8:30 - Noon

EST

II Marion CI 3269 N.W. 105 Street Lowell, Florida 32663-0158

December 18,

2013 1:30 – 4:30 pm

EST

4.2.8 Bid Inquiries

4.2.8.1 Any inquiries from Bidders concerning this ITB shall be submitted in writing, identifying the submitter, to the Procurement Manager identified in Section 4.1 of this ITB and must be received no later than the date and time specified in the Timeline. E-mail inquiries are preferred. It is the responsibility of the Bidder to confirm receipt of inquiries.

4.2.8.2 Interested parties should examine this ITB to determine if the Department's requirements are clearly stated. If there are any requirements that restrict competition, Bidders may request, in writing, to the Department that the requirements be changed. The Bidder who requests changes to the Department's requirements must identify and describe their difficulty in meeting the Department's requirements, must provide detailed justification for a change, and must recommend changes to the requirements. Requests for changes to this ITB must be received by the Department no later than the date shown for written inquires in the Timeline (Section 2.8). A Bidder’s failure to request changes by the date described above shall be considered to constitute Bidder’s acceptance of Department's requirements. The Department shall determine what changes to this ITB would be acceptable to the Department. If required, the Department will issue an addendum reflecting the acceptable changes to this ITB, which shall be posted on VBS, in order that all Bidders shall be given the opportunity of proposing to the same requirements.

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4.2.9 Addenda If the Department deems it necessary to supplement, modify or interpret any portion of the solicitation or exhibits, addenda and materials relative to this procurement, it will be posted on the Florida Vendor Bid System at http://vbs.dms.state.fl.us/vbs/main_menu. Interested parties are responsible for monitoring this site for new or changing information or clarifications relative to this procurement.

4.2.10 Price/Cost Discussions Any discussion by a bidder with any employee or authorized representative of the Department involving cost or price information, occurring prior to posting of the Notice of Agency Decision, will result in rejection of said bidder’s response.

4.2.11 Verbal Instructions No negotiations, decisions, or actions shall be initiated or executed by the bidder as a result of any discussions with any Department employee. Only those communications which are in writing from the Department’s staff identified in Section 4.1 of this ITB shall be considered a duly authorized expression on behalf of the Department. Only communications from the bidder’s representative which are in writing and signed will be recognized by the Department as duly authorized expressions on behalf of the bidder.

4.2.12 No Prior Involvement and Conflicts of Interest The bidder shall not compensate in any manner, directly or indirectly, any officer, agent or employee of the Department for any act or service which he/she may do, or perform for, or on behalf of, any officer, agent, or employee of the bidder. No officer, agent, or employee of the Department shall have any interest, directly or indirectly, in any Contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department. The Proposer shall have no interest and shall not acquire any interest that shall conflict in any manner or degree with the performance of the services required under this ITB.

4.2.13 State Licensing Requirements All entities defined under Chapters 607, 617 or 620, Florida Statutes, seeking to do business with the Department shall be on file and in good standing with the State of Florida’s Department of State.

4.2.14 MyFloridaMarketPlace Vendor Registration All vendors doing business with the State of Florida for the sale of commodities or contractual services as defined in Section 287.012, F.S., shall register on the MyFloridaMarketPlace system, unless exempted under subsection 60A-1.030, F.A.C. State agencies shall not enter into an agreement for the sale of commodities or contractual services as defined in Section 287.012 F.S. with any vendor not registered in the MyFloridaMarketplace system, unless exempted by rule. A vendor not currently registered in the MyFloridaMarketPlace system shall do so within 5 days after posting of intent to award. Registration may be completed at: http://dms.myflorida.com/business_operations/state_purchasing/myflorida_marketplace/vendors. Those lacking internet access may request assistance from MyFloridaMarketPlace Customer Service at 866-352-3776 or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, Florida 32399.

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4.2.15 Unauthorized Employment of Alien Workers The Department does not intend to award publicly funded Contracts to those entities or affiliates who knowingly employ unauthorized alien workers, constituting a violation of the employment provisions as determined pursuant to Section 274A of the Immigration and Nationality Act.

4.2.16 Confidential, Proprietary, or Trade Secret Material The Department takes its public records responsibilities as provided under chapter 119, Florida Statutes and Article I, Section 24 of the Florida Constitution, very seriously. If the Bidder considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority, the Bidder must also simultaneously provide the Department with a separate redacted copy of its response and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Department’s solicitation name, number, and the name of the Bidder on the cover, and shall be clearly titled “Redacted Copy.” The redacted copy shall be provided to the Department at the same time the Bidder submits its response to the solicitation and must only exclude or redact those exact portions which are claimed confidential, proprietary, or trade secret. The Bidder shall be responsible for defending its determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Further, the Bidder shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Bidder’s determination that the redacted portions of its response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If the Bidder fails to submit a Redacted Copy with its response, the Department is authorized to produce the entire documents, data or records submitted by the Bidder in answer to a public records request for these records. In no event shall the Department, or any of its employees or agents, be liable for disclosing, or otherwise failing to protect, the confidentiality of information submitted in response to this solicitation.

4.2.17 Disclosure of Bid Submittal Contents All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the Bidder or its agents. All replies shall become the property of the Department and shall not be returned to the Bidder. The Department shall have the right to use any or all ideas or adaptations of the ideas presented in any reply. Selection or rejection of a bid shall not affect this right.

4.2.18 Scrutinized Companies List Pursuant to Section 287.135, F.S., an entity or affiliate who has been placed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is ineligible for and may not bid on, submit a Bid for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more. In executing a contract resulting from this ITB and any subsequent renewals, the Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes. Pursuant to Section 287.135(5), F.S., the Contractor agrees the Department may immediately terminate this contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the contract. Additionally, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

4.3 Posting of Notice of Agency Decision In regard to any competitive solicitation, the Department shall post a public notice of agency action when the Department has made a decision to award a contract, reject all bids or proposals, or to cancel or withdraw the solicitation.

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The Notice of Agency Decision will be posted on or about the date shown in the Timeline (2.8) and will remain posted for a period of seventy-two (72) hours (Saturdays, Sundays and State holidays shall be excluded in the computation of the seventy-two (72) hour time period). Posting will be made available on the Florida Vendor Bid System at http://vbs.dms.state.fl.us/vbs/main_menu.

4.4 Filing of Notices of Intent to Protest or Formal Protests

Pursuant to Section 120.57(3), Florida Statutes and PUR 1001 #20, a Notice of Protest or Formal Written Protest shall be filed with the Clerk of the Agency, located at 501 South Calhoun Street, Tallahassee, Florida 32399-2500, (telephone 850-717-3605). Protest related documents may be hand-delivered to the Clerk of the Agency by entering the Calhoun Street entrance and asking the person at the Security Desk to call the agency clerk to come down to the entrance to receive the documents for filing. Documents left at the Security Desk will not be considered filed until received by the Agency Clerk. Formal protests may not be faxed. Protest documents received after hours will be filed the next business day. Protests sent to the Procurement Manager by any means (mail, fax or email), will not be considered filed with the Agency Clerk until they are received at the Carlton building address. To the extent anything in this section conflicts with PUR 1001, this section controls. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Pursuant to Section 287.042(2)(c), Florida Statutes, a formal written protest must be accompanied by a bond written by a Surety Company licensed to do business in the State of Florida payable to the Department of Corrections in an amount equal to one percent (1%) of the estimated total value of the proposed contract amount submitted by the protestor. The amount of the bond will be provided by the Department’s Office of General Counsel/Contracts Section and can be obtained by contacting the appropriate staff at (telephone number 850-717-3605, facsimile number 850-922-4355). In lieu of a bond, the Department may accept a cashier’s check, official bank check, or money order in the amount of the bond.

4.5 Field Testing of Point of Sale Equipment prior to Final Contract Execution

The Department routinely requests field testing where equipment is included as part of service delivery. The purposes of these field tests is to demonstrate to the satisfaction of the Department that all proposed equipment will perform in a completely acceptable manner, as determined by the Department. Field testing will be conducted prior to contract execution and implementation of services. The Department will field test only equipment for the responsive, responsible bidder offering the highest per diem price bid. Failure to perform during field testing in a manner satisfactory to the Department shall be reason for delay of contract execution. In the event of unsatisfactory performance, the Department shall address specific deficiencies in a written report of field testing results and allow the bidder three (3) days to correct deficiencies. Failure to correct deficiencies after three (3) days of receipt of the report of field test results may result in rejection of the intended award and the Department may move to contract with the responsive and responsible bidder providing the next (second) highest per diem price bid. The Department has established in this ITB, minimum requirements for a canteen technology system that should function appropriately for service delivery. The Contractor will select its own technology equipment to operate within this system; therefore, the Department has not identified detailed equipment specifications. The two significant areas where the Contractor’s system must interface with Department systems are in data exchange with the Department’s Inmate Trust Fund System and where Contractor’s equipment must “read” inmate identification cards. The Department’s inmate identification cards are printed on plastic card stock using symbology code 128C (non-truncated). The front of the card shows a photograph of the inmate along with identifying information such as name and date of birth. Along the bottom edge of the front of the card is a black barcode with an infrared mask. The bar code consists of the identification card number which is made by combining the inmate’s date of birth, card number (CN), and six-digit inmate number in the following format: 19990130CNxxxxxx. The Department recognizes that total system functionality cannot be assessed and assured until implementation of services. However, to ensure that at a minimum, Contractor’s point-of-sale equipment functions appropriately, the

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Contractor shall provide the Department with a sample card reader so that the Department can test it to ensure that it is capable of reading the Department’s inmate identification cards. The Department will provide its test results within three (3) days of receipt of the card reader. Canteen conversions will not take place until the Department is assured that Contractor’s card reader will function appropriately. Final details of the field test will be determined by the Department and communicated to the successful bidder upon posting of the Intent to Award.


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SECTION 5 – BID SUBMISSION REQUIREMENTS Bid Format The Bidder shall supply one (1) signed original, and three (3) copies of the Bid, and should submit one (1) electronic copy, in pdf format on a CD. If Bidder submits a redacted copy of the bid as outlined in Section 4.2.16, then the Bidder shall also submit one (1) electronic copy of their redacted Bid in pdf format, on CD. The submitted CDs shall not be “password protected”. The Bid shall be submitted in sealed envelopes or boxes and clearly marked “DC-ITB-13-015 Statewide Canteen Operations”, (and also “Redacted” for the redacted copies), and should also be marked with the opening date and time. This section prescribes the format in which the bids are to be submitted. There is no intent to limit the content of the bids. Additional information deemed appropriate by the bidder may be included, but should be placed within the relevant section. Additional tabs beyond those designated in this section will not be reviewed. The following paragraphs contain instructions that describe the required format for bids. Bids shall be limited to a page size of eight and one-half by eleven inches (8.5” x 11”). Fold out pages may be used, where appropriate, but should not exceed five percent (5%) of the total number of pages of the entire bid. All pages shall be sequentially numbered. It is recognized that existing financial reports, documents, or brochures, may not comply with the just-prescribed format. They will be acceptable in current form and need not be reformatted. All bids must contain the sections outlined below. Those sections are called “Tabs.” A “Tab”, as used here, is a section separator, offset and labeled, (Example: “Tab 1, Mandatory Responsiveness Requirements”), such that the Departmental staff can easily turn to “Tabbed” sections during the review process. Failure to have all copies properly “tabbed” makes it much more difficult for the Department to review the bid. The Department will review bids for compliance with Mandatory Responsiveness Requirements. Additionally, the Department will review all other required bid submittals for compliance with minimum requirements contained in the ITB document. 5.1 Tab 1. Mandatory Responsiveness Requirements

The following terms, conditions, or requirements must be met by the bidder to be considered responsive to this ITB. These responsiveness requirements are mandatory. Failure to meet these responsiveness requirements will cause rejection of a bid. Note: Copies of rejected bids will be retained in the ITB file. 5.1.1 It is mandatory that a responsive bid is received by the Department by the date and time specified in Section

2.8, Timeline.

5.1.2 It is mandatory that the bidder sign, have certified by a notary public and return, under Tab 1, the “Certification Attestation Page For Mandatory Statements” (ATTACHMENT 1).

5.1.3 It is mandatory that the bidder complete, sign, and return, under Tab 8, the “Price Information Sheet”

(ATTACHMENT 4).

5.2 Tab 2. Transmittal Letter with Executive Summary The bid shall include a Transmittal Letter with Executive Summary (narrative) synopsis of the bidder’s method of delivering the required services in compliance with the minimum requirements and scope of services outlined in Section 3, Scope of Services, of the ITB. The synopsis should contain sufficient detail addressing all elements of the required service delivery and should be prepared in such a manner that will clearly indicate the bidder’s understanding of, and intent to comply with, the requirements set forth in the ITB. The Transmittal Letter with Executive Summary should be signed by a representative of the bidder authorized to bind the corporate entity submitting the bid and should be inserted under Tab 2 of the Bid. The Transmittal Letter with Executive Summary shall also contain information addressing each of the following requirements:

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5.2.1 Information indicating that the bidder is a corporation or other legal entity, if applicable. 5.2.2 Information indicating whether the bidder intends to utilize subcontractors and if so, the name, component/type of

work to be performed and FEID number of all subcontractors that will be utilized should be submitted with the proposal document. Use of subcontractors must be in accordance with Section 7.22. The bidder shall also provide a statement from any proposed subcontractor acknowledging acceptance of and intent to be bound by the contract terms to be included in the Department’s contract should the bidder be awarded a Contract resulting from this ITB. The statement shall bear an original signature from a person authorized to legally bind the subcontractor.

5.2.3 The bidder’s federal tax identification number or social security number, as applicable to the legal entity that will

be performing the services under the Contract. 5.2.4 A statement identifying and explaining any deviations the bid makes from the detailed specifications and

requirements of this ITB or a statement that no deviations exist in the bid. The State of Florida reserves the right to reject any bids containing material deviations.

5.2.5 A statement disclosing the name of any officer, director, employee or other agent who is also an employee of the

State and the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the bidder or its affiliates, including parent corporations. If no officer, director, employee or other agent of the bidder is also an employee of the State or no State employee owns a five percent (5%) interest in the bidder or its’ affiliates or parent corporation, a statement to that affect, as applicable, shall be provided.

5.2.6 A statement affirmatively certifying that the bidder has no interest and shall not acquire any interest that shall

conflict in any manner or degree with the performance of the services required under this ITB.

5.2.7 The bidder’s email address or a statement certifying that an email address will be available for the Contractor’s Representative by the start date of any Contract resulting from this ITB.

5.2.8 The Bidder shall provide an Estimated Implementation Plan and Transition Date Schedule detailing the

Contractor’s plan and date of phase-in of service for each of the Department’s institutional sites identified on Exhibit B to assure full implementation by April 1, 2014.

The Department has chosen Jefferson Correctional Institution, Jefferson County, Florida, (“Jefferson C.I.”) as the first site at which canteen services shall be implemented.

Implementation by this date is critical to service delivery and must be met to ensure contract compliance. The Estimated Implementation Plan is for informational purposes only. A Final Implementation Plan and Transition Date Schedule that meets the objectives for service implementation, as outlined in Section 3.5 shall be agreed upon by the successful Bidder, the current canteen operator, and the Department, with copies provided by the Department to all parties.

5.2.9 The bidder shall provide a Continuity of Operations Plan (COOP) which establishes policy and guidance to

ensure the execution of the mission-essential functions for canteen operations in the event that an emergency threatens or incapacitates operations. This plan should include disaster recovery procedures for the cashless canteen system and ensure that the bidder is prepared to respond to emergencies, recover from them and mitigate against their impacts.

5.2.10 The bidder shall provide an Information Security Plan detailing the bidder’s plan for safeguarding information,

data computers, computer system and other critical information/data.

5.2.11 The bidder shall provide for both the Contractor and Contractor’s personnel, copies of any and all documents regarding complaints filed, investigations made, warning letters or inspection reports issued, or any disciplinary action imposed by Federal or State oversight agencies within the past five (5) years. Bidder shall also identify all entities of or related to the bidder (including parent company and subsidiaries of the parent company; divisions or subdivisions of parent company or of bidder), that have ever been convicted of fraud or of deceit or unlawful

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business dealings whether related to the services contemplated by this ITB or not, or entered into any type of settlement agreement concerning charges of fraud, or any other type of dealings contrary to federal, state, or other regulatory agency regulations. Bidder should identify the amount of any payments made as part of any settlement agreement, consent order or conviction.

5.3 Tab 3. Business/Corporate Qualifications

This ITB involves revenue generating services. Even though the Department is not paying the Contractor for service delivery, the Contractor must still be responsible as defined in this ITB, i.e. has the capability, in all respects, of performing the contract in accordance with the Scope of Services. The purpose of this section is to provide the Department with a basis for determining the bidders/organization’s competence and experience to undertake a project of this size. The Department is not interested in a voluminous description of previous contracts but rather a concise and thorough description of relevant information, background and experience as specified herein.

The bidder shall supply the following information for the legally qualified corporation, partnership or other business entity submitting the bid under this ITB that will be performing as “the Contractor” and insert it under Tab 3: 5.3.2 Business/Corporate Background

The background information of the bidder indicated, which, at a minimum, shall include: 5.3.2.1 date established; 5.3.2.2 primary type of business and number of years conducting primary business; 5.3.2.3 ownership (public company, partnership, subsidiary, etc.); 5.3.2.4 list of all officers of the firm indicating the percentages of ownership of each officer, and the names of

the Board of Directors if applicable; and 5.3.2.5 national accreditations, memberships in professional associations or other similar credentials.

5.3.3 Narrative of Past Experience

As indicated in Business/Corporate Experience, it is a mandatory responsiveness requirement that the bidder has five (5) years of business/corporate experience within the last seven (7) years in the provision of large-scale canteen services in multiple sites with two (2) years of this experience being in a correctional or other security/law enforcement setting. Details of the bidder’s experience that meet this requirement should be provided in narrative form and in sufficient detail so that the Department is able to judge its complexity and relevance. Specifically include:

5.3.3.1 relevant experience providing canteen or other related type services and number of years of

experience including sufficient detail to indicate whether the bidding entity served as primary contractor or subcontractor in the provision of such services;

5.3.3.2 proof of issuance of any current required license, permit, or registration for the bidding entity; 5.3.3.3 description of population to whom services have been provided, including number of service

recipients and demographics; 5.3.3.4 availability of resources (other than financial) -such as supplier networks, human resources, specialty

personnel, information management systems, etc., to work on this project; 5.3.3.5 a list of at least 10 – 15 contracts related to the scope of services should be listed. The list should

include names of the entity contracted with, addresses, phone numbers, e-mail addresses, name of Contract Manager(s) or senior official responsible for the Contract;

5.3.3.6 a list of contracts the bidder has provided services under that were terminated or cancelled prior to

original expiration date by any party or for which bidder requested termination or cancellation, or reached mutual agreement on termination or cancellation prior to the original contracted expiration date, and all reasons for such actions. If no contracts have been so terminated or cancelled, the bidder should

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provide a statement to that effect. Provide complete, detailed information about the circumstances leading to termination as well as the name and contact information for the other party to each terminated contract;

5.3.3.7 summary of any penalties or sanctions imposed or findings or convictions for fraud, or for any other

offenses (including pleas of nolo contendere) of any kind brought by any federal, state or other regulatory agency against made against the bidder, bidder’s corporate staff, or any entity affiliated with the bidder, including, but not limited to a parent company and/or divisions or subsidiary companies controlled by parent company that have worked with the bidding entity including work as a partner, joint venture or subcontractor (Bidder should identify the amount of any payments or fines imposed in regard to any of the foregoing).

NOTE: The Department reserves the right to use all information provided in determining responsibility of

vendor, as well as any other information the Department may obtain that bears on the issue of responsibility.

5.3.4 Business/Corporate References

The bidder shall furnish a minimum of two (2) and a maximum of four (4) business/corporate references with their bid, utilizing the form provided as ATTACHMENT 2, Business/Corporation Reference, of this ITB to support the requirements of Business/Corporate Experience. In order to qualify as current experience, services described by corporate references should be ongoing or should have been completed within the thirty-six (36) months preceding the issue date of this ITB. The Procurement Manager may use ATTACHMENT 3, Business/Corporate Reference Check to verify that the Bidder meets the requirements of Section 5.3.3. The Department reserves the right to contact the provided references as well as reference sources not listed in the bid.

5.4 Tab 4. Project Staff The purpose of this section is to provide the Department with a basis for determining the bidder’s understanding of the qualifications of corporate personnel required for administrative oversight and/or management of a project of this size and scope. The bidder shall supply the information requested in this section and insert it under Tab 4 of the Bid.

5.4.1 Business/Corporate Key Project Personnel Staff Requirements

The bidder shall provide the following information and/or documentation regarding the specific staff outlined below, who will be directly responsible for administration or administrative oversight of the Contract for provisions of services requested under this ITB. In the event the successful bidder desires to substitute any key personnel submitted with their bid, either permanently or temporarily, the Department shall have the right to approve or disapprove the desired personnel change in advance in writing. 5.4.1.1 Resumes

Current resumes must be provided for the individuals who are or will be occupying the following business/corporate positions identified by the bidder. The resumes should include employment history for all relevant and related experience and all education and degrees (including specific dates, names of employers, and educational institutions). Licenses and credentials should be provided with resumes, as applicable, and experience and training must be indicated and must support that the respective individual meets the applicable specifications listed below:

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5.4.1.1.1 Chief Executive Officer (or equivalent title) - The Chief Executive Officer is the

highest ranking officer in the bidder’s company or organization. The CEO should have a minimum of two (2) years experience as CEO or comparable position.

5.4.1.1.2 Administrative Project Manager for Canteen Operations Services (or equivalent

title) - The Administrative Project Manager is the individual who will have corporate responsibility for administration of the Contract. This individual should have a minimum of two (2) years experience within the last five (5) years at a management level, providing direct administrative oversight of a canteen service operation.

5.5 Tab 5. Bidder’s Financial Documentation

The bidder shall provide financial documentation that is sufficient to demonstrate its financial viability to perform the Contract resulting from this ITB. Three of the following five minimum acceptable standards shall be met, one of which must be either item d, or item e, below. The Bidder shall insert the required information under Tab 5 of the Bid.

a. Current ratio: ≥ .7:1 or (0.7)

Computation: Total current assets ÷ total current liabilities

b. Debt to total net worth: ≤ 6:1 Computation: Total liabilities ÷ total net worth

c. Dunn & Bradstreet Supplier Evaluation Risk Rating (SER): ≤ 4 (on a scale of 1-9). If the Bidder, in its own

assessment of these financial viability requirements, needs this element to meet 3 of the 5 standards, the Bidder must request a Supplier Evaluation Risk Rating (SER) from Dunn & Bradstreet (D&B) and provide a copy of the SER to the Department with the original bid package. Otherwise, it is not required to submit the SER, unless the Bidder is uncertain of the Department’s evaluation of all of these requirements. To obtain a SER Rating, contact the D&B Customer Resource Center at (800) 333-0505.

d. Minimum annual sales or revenue: ≥ $50.0 million

e. Minimum total equity: ≥ $5.0 million

NOTE: The Department acknowledges that privately held corporations and other business entities are not required by law to have audited financial statements. In the event the Bidder is a privately held corporation or other business entity whosefinancial statements ARE audited, such audited statements shall be provided. If the privately held corporation or other business entity does not have audited financial statements, then financial statements that are reviewed in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants shall be provided.

The Department also acknowledges that a Bidder may be a wholly-owned subsidiary of another corporation or exist in other business relationships where financial data is consolidated. Financial documentation is requested to assist the Department in determining whether the Bidder has the financial capability of performing the contract to be issued pursuant to this ITB. The Bidder MUST provide financial documentation sufficient to demonstrate such capability including, wherever possible, financial information specific to the Bidder itself. All documentation provided will be reviewed by an independent CPA and should, therefore, be of the type and detail regularly relied upon by the certified public accounting industry in making a determination or statement of financial capability.

To determine the above ratios and other financial requirements, the most recent available and applicable financial statements for the Bidder shall be provided. All financial statements must be presented in accordance with accounting principles generally accepted in the United States of America. This documentation shall include:

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5.5.1 The most recently issued audited financial statements (or if unaudited, reviewed in accordance with Statements on Standards for Accounting and Review Services, issued by the American Institute of Certified Public Accountants). All financial statements shall include the following for the most recent, audited or reviewed financial statements for the Bidder’s fiscal year or calendar year, ended no earlier than 2012.

a. Independent Accountants’ report on the financial statements; b. Balance Sheet; c. Statement of Income (and Comprehensive Income, if applicable); d. Statement of Changes in Equity; e. Statement of Cash Flows; f. Notes to Financial Statements; g. A copy of the Dunn & Bradstreet Supplier Evaluation Risk Rating dated on or after October 1, 2013 (if

necessary).

5.5.2 Failure to provide any of the aforementioned financial information may result in the Bidder’s disqualification.

5.6 Tab 6. Addendum Acknowledgment Form

The bidder shall complete and insert each Addendum Acknowledgment Form received, if applicable, and insert it under Tab 6 of the Bid.

5.7 Tab 7. Minority/Service Disabled Veteran Business Enterprise Certification

If applicable, the bidder should provide a current and valid copy of their certification as a minority or service-disabled veteran business enterprise issued by the Office of Supplier Diversity (formerly called the Commission on Minority Economic Business and Development) and insert it under Tab 7 of the Bid.

5.8 Tab 8. Price Information Sheet

5.8.1 Price Sheet Submission Requirements Bids should be submitted with the most favorable pricing terms bidder can offer to the State. Each bidder shall complete and submit the Price Information Sheet utilizing the form provided as ATTACHMENT 4 of this ITB. Any modifications, counter offers, deviations, or challenges shall render the bid non-responsive. By submitting an offer or offers under this ITB, each bidder warrants its agreement to the prices submitted. The completed price sheets shall identify the name of the bidder and date of submission, and should bear the signature of a Business/Corporate Representative authorized to bind the bidder to the price submitted. The bidder should insert the completed Price Information Sheet under Tab 8 of the Bid. The Price Information Sheet calculations will be verified for accuracy by Bureau of Procurement & Supply staff assigned by the Department. In the event that a mathematical error is identified, unit prices submitted by the bidder will prevail. 5.9.1.1 Pricing Instructions

Note: The estimated Average Daily Population as of December 5,, 2013 listed on the Price Information Sheet is the total combined average daily population of ALL specified institutions and ALL related satellite facilities as listed on Exhibit B. This figure is utilized for bidding purposes only.

a. Under Column 1, enter a single per diem rate (unit price) to be paid for each inmate. The single

per diem rate is defined as the per day price per inmate to be paid to the Department for Canteen Services.

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b. Multiply the single per diem rate (Column 1) by the total Average Daily Population as of December 5, 2013 (Column 2). Then multiply by 365 days in the year (Column 3) to determine the estimated total annual amount to be paid to the Department (Column 4).

The Price Information Sheet shall identify the Name of the Bidder, Date of Submission, and shall bear the Signature of a Business/Corporate Representative authorized to bind the Contractor to the price submitted.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

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SECTION 6 – AWARD OF CONTRACT 6.1 Price Determination

The Price Information Sheet is located on Attachment 4. An award will be made to the responsive, responsible bidder submitting the highest “Fixed Fee Per Diem Rate (Unit Price) Bid” (to be paid to the Department). The bidder’s past history, ability, capacity, prior contract experience, performance, integrity and all information submitted with the bid will be considered by the Department in determination of responsibility. NOTE: For evaluation and potential forecasting purposes only, the estimated total annual amount to be paid to the Department will represent the annual amount for each year of the contract including renewal periods.

6.2 Incomplete Pricing Sheet Any Price information sheet that is incomplete or in which there are significant inconsistencies or inaccuracies may be rejected by the Department. No deviations, qualifications, or counter offers will be accepted.

6.3 Identical Tie Bids

When evaluating bids/proposals/responses to solicitations, if the department receives identical pricing or scoring from multiple vendors, the department shall determine the order of award using the criteria set forth in Rule 60A-1.011, FA.C. and Chapter 295.187, F.S.


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SECTION 7 – CONTRACT TERMS AND CONDITIONS This section contains standard terms and conditions that shall be included in any Contract resulting from this ITB. By submitting a bid response to this ITB, the Bidder is deemed to have accepted these terms and conditions in their entirety. 7.1 Contract Document

When a Contract is established between the Department and the Contractor for specific services, this ITB, the Bidder’s bid and all terms negotiated shall be incorporated into and thereby become a part of that Contract. If there is a conflict in language, the Department's Contract will govern.

7.2 Termination

7.2.1 Termination at Will

The Contract resulting from this ITB may be terminated by the Department upon no less than ninety (90) calendar days’ notice and by the Contractor upon no less than one hundred twenty (120) days’ notice, without cause, unless a lesser time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery.

7.2.2 Termination Because of Lack of Funds

In the event funds to finance the Contract resulting from this ITB become unavailable, the Department may terminate the Contract upon no less than twenty-four (24) hours notice in writing to the Contractor. Notice shall be delivered by certified mail (return receipt requested), in-person with proof of delivery, or by other method of delivery whereby an original signature is obtained. The Department will be the final authority as to the availability of funds.

7.2.3 Termination for Cause

If a breach of the Contract resulting from this ITB occurs by the Contractor, the Department may, by written notice to the Contractor, terminate the Contract resulting from this ITB upon twenty-four (24) hours notice. Notice shall be delivered by certified mail (return receipt requested), in-person with proof of delivery, or by other method of delivery whereby an original signature is obtained. If applicable, the Department may employ the default provisions in Chapter 60A-1, Florida Administrative Code. The provisions herein do not limit the Department’s right to remedies at law or to damages.

7.2.4 Termination for Unauthorized Employment

Violation of the provisions of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of the Contract resulting from this ITB.

7.2.5 Effect of Termination

At the end of the term of the contract resulting from this ITB, the Contractor shall be provided thirty (30) days to remove its furnishings, fixtures and equipment, all at the Contractor’s expense.

7.3 Payments and Invoices

7.3.1 Guaranteed Per Diem Payment to the Department

Regardless of the amount of gross sales, the Contractor shall compensate the Department in an amount per day per inmate based on the Department’s Average Daily Population. The Department will begin to receive payment for

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the inmate population of an institution or facility beginning on the approved date that the Contractor assumes the institution’s or the facility’s canteen operations as specified in the Final Implementation and Transition Schedule. Compensation shall be paid for each calendar day of each contractual year. Payment of the per diem amount shall be tendered to the Department by Electronic Funds Transfer (EFT) to a specified Department account within fifteen (15) days after the final day of the previous month.

7.3.2 MyFloridaMarketPlace Transaction Fee

Payments to be made under this contract are not subject to the MyFloridaMarketPlace Transaction Fee pursuant to Rule 60A-1.032, Florida Administrative Code (F.A.C). A Form PUR 3777, Notice of Transaction Fee Exemption, has been filed by the Department.

7.3.3 Contractor Payment Submission

Contractor agrees to submit payment on a monthly basis. The Department will provide a monthly invoice to the Contractor based on the total inmate man-days for the month. The monthly invoice amount shall equal the total inmate man-days for the month times the per diem rate. The Contractor shall remit the total monthly per diem payment broken down into two submittals: One submittal comprised of a per diem per inmate of .0245 cents to be paid to the Department to recoup operating costs and a second submittal consisting of the remaining amount of the monthly per diem due to the Department. Payment shall be due and tendered to the Department by Electronic Funds Transfer (EFT) to a specified Department account within fifteen (15) days after the final day of the previous month. The name and address of the official payee to whom payment shall be made is as follows: Department of Corrections Bureau of Finance and Accounting Post Office Box # 13600 Centerville Station Tallahassee, FL 32317-3600 The Contractor shall provide the payment by Electronic Funds Transfer (EFT) to a specified Department account within fifteen (15) calendar days after the final day of the previous month.

7.3.4 Electronic Transfer of Funds Contractors are encouraged to accept payments for work performed under this contract by receiving Direct Deposit. To enroll in the State of Florida’s Direct Deposit System the Contractor must complete a direct deposit form by contacting the Florida Department of Financial Services, Bureau of Accounting, Direct Deposit Section at http://www.myfloridacfo.com/aadir/direct_deposit_web/index.htm or by phone at (850) 413-5517.

7.3.5 Accounting Responsibilities and System Access

The Department’s Bureau of Finance and Accounting, General Revenue and Inmate Trust Fund systems exchange accounting information with the Contractor. Therefore, the Inmate Trust Fund staff requires and Contractor agrees to provide, access to the Contractor’s system. This section describes the accounting responsibilities for remitting of canteen sales, canteen catalog orders, canteen operator shortages and the payment of Canteen Operator Salaries and describes the access necessary to the Contractor’s system by the Department’s Inmate Trust Fund Staff.

7.3.6 Canteen Sales, Canteen Catalog Orders and Canteen Shortages

The Department’s Inmate Trust Fund Accounting system is responsible for the remittance to the Contractor of the following:

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7.4.6.1 Weekly total gross canteen sales collected. 7.4.6.2 Quarterly total gross canteen catalog order sales collected. Quarterly orders are processed in

February, May, August and November. 7.4.6.3 Funds collected for the purchase of electronics by Death Row inmates.

7.3.6 Vendor Substitute W-9

The State of Florida Department of Financial Services (DFS) needs all vendors that do business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridaacfo.com. Forms can be found at: http://www.myfloridacfo.com/aadir/docs/SubstituteFormW-9-03-21-11.pdf. Frequently asked questions/answers related to this requirement can be found at the following website: http://www.myfloridacfo.com/aadir/docs/VendorFAQPosted090310.pdf. DFS is ready to assist vendors with additional questions. You may contact their Customer Service Desk at 850-413-5519 or [email protected].

7.3.7 Travel Expenses

The Department shall not be responsible for the payment of any travel expense for the Contractor which occurs as a result of the Contract resulting from this ITB.

7.3.8 Contractor’s Expenses

The Contractor shall pay for all licenses, permits, and inspection fees or similar charges required for this Contract, and shall comply with all laws, ordinances, regulations, and any other requirements applicable to the work to be performed under the Contract resulting from this ITB.

7.4 Contract Modifications Modifications to the provisions of the Contract resulting from this ITB, with the exception of Section 7.5 Contract Management, shall be valid only through execution of a formal Contract amendment, signed by both parties unless otherwise authorized by this ITB. 7.4.1 Department Required Scope Changes

During the term of the Contract, the Department may unilaterally require, by written notice, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Department may make an equitable adjustment, (i.e. increase or decrease in rate, reimbursement for costs, etc.) if the change affects the cost or service delivery. The Contractor shall be required to expeditiously execute an amendment to effect such changes, which execution shall not be unreasonably withheld. The Department will endeavor to provide written notice to the Contractor thirty (30) days in advance of any Department-required changes to the technical specifications and/or scope of services that affect the Contractor’s ability to provide the services as specified herein.

7.4.2 Other Requested Changes

In addition to changes pursuant to Section 7.4.1, state or federal laws, rules and regulations or Department, rules and regulations may change. Such changes may impact Contractor’s service delivery in terms of materially increasing or decreasing the Contractor’s cost of providing services. There is no way to anticipate what those changes will be nor is there any way to anticipate the costs associated with such changes. Either party shall have ninety (90) days from the date such change is implemented to request an increase or decrease in compensation or the applicant party will be considered to have waived this right. Full, written justification with documentation sufficient for audit will be required to authorize an increase in compensation. It is

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specifically agreed that any changes to payment will be effective the date the changed scope of services is approved, in writing, and implemented. If the parties are unable to negotiate an agreed-upon increase or decrease in rate or reimbursement, the Director of Division of Budget and Financial Management shall determine, based upon the changes made to the scope of services, what the resultant change in compensation should be.

7.5 Contract Management

The Department of Corrections will be responsible for management of the Contract resulting from this ITB. The Department will assign individuals (with address and phone number indicated), as Contract Manager, OIT Liaison and Contract Administrator for the Contract. The names of these individuals will be name upon issuance of the Contract.

7.5.1 Department’s Contract Manager

The Contract Manager for the Contract will be:

Operations Manager Bureau of Contract Management and Monitoring Department of Corrections 501 South Calhoun Street Tallahassee, Florida 32399-2500 The Contract Manager will perform all Department designated monitoring tasks identified in the Scope of Services as well as the following functions:

a. maintain a contract management file; b. serve as the liaison between the Department and the Contractor; c. verify receipt of deliverables from the Contractor; d. evaluate the Contractor's performance; e. direct the Contract Administrator to process all amendments, renewals and terminations of this Contract; and f. evaluate Contractor performance upon completion of the overall Contract. This evaluation will be placed on file

and may be considered if the Contract is subsequently used as a reference in future procurements. The Contract Manager may delegate the following functions to the Local Contract Coordinator (LCC): a. verify receipt of deliverables from the Contractor; b. monitor the Contractor’s performance; and c. e-mail the Contract Manager that the work is completed, and send any documentation that may be required

relating to the service. The LCC for the resulting Contract(s) will be named upon issuance of the Contract.

7.5.2 Department’s OIT Liaison

The OIT Liaison or his designee will perform the information technology tasks identified in the Scope of Services as well as the following functions: a. Serve as the liaison between the Department and the Contractor for information technology issues. b. Coordinate OIT personnel to facilitate transition services at each institution. c. Inspect any and all of the Contractor’s information technology equipment. d. Approve safeguards and access control (including remote access) for Contractor’s computers. e. Approve the location of the Contractor’s “central server.” f. Coordinate approval of system functions where such functions may impact the Department’s computer network.

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g. Coordinate the Department’s technical staff in the provision of support for the Local and Wide Area Networks. h. Approve Contractor’s disaster recovery plan. i. Approve the ISDM and any changes to the Contractor’s production environment (hardware/software).

7.5.3 Department’s Contract Administrator The Department’s Contract Administrator for the Contract will be responsible for the following functions:

a. Maintain the official Contract file; b. Process all Contract amendments, renewals, and termination of the Contract; and c. Maintain the official records of all correspondence between the Department and the Contractor.

7.5.4 Contractor’s Representative

The name, title, address, and telephone number of the Contractor’s representative responsible for administration and performance under this Contract will be named upon issuance of the Contract.

7.5.5 Contract Management Changes

After execution of the Contract resulting from this ITB, any changes in the information contained in Section 7.5, Contract Management, of the Contract, will be provided to the other party in writing and a copy of the written notification shall be maintained in both the Contract Manager’s and Contract Administrator’s files. The Contract Manager shall be responsible for ensuring that copies are provided to the Contract Administrator.

7.6 Annual Appropriation The State of Florida’s and the Department’s performances and obligations to pay for services under the Contract resulting from this ITB are contingent upon an annual appropriation by the Legislature. The costs of services paid under any other Contract or from any other source are not eligible for reimbursement under the Contract resulting from this ITB.

7.7 Vendor Ombudsman A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the Department of Financial Services’ Toll Free Hotline.

7.8 Records

7.8.1 Public Records Law

The Contractor agrees to allow the Department and the public access to any documents, papers, letters, or other materials subject to the provisions of Chapter 119 and 945.10, Florida Statutes, made or received by the Contractor in conjunction with the Contract resulting from this ITB. The Contractor’s refusal to comply with this provision shall constitute sufficient cause for termination of the Contract resulting from this ITB. In addition, the Contractor shall comply with the State of Florida’s public records laws, and shall specifically:

1. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service.

2. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

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4. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy and duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the Department.

7.8.2 Audit Records

The Contractor agrees to maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the Department under the Contract resulting from this ITB, and agrees to provide a financial and compliance audit to the Department or to the Office of the Auditor General and to ensure that all related party transactions are disclosed to the auditor. The Contractor agrees to include all record-keeping requirements in all subcontracts and assignments related to the Contract resulting from this ITB.

7.8.3 Retention of Records

The Contractor agrees to retain all records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to the Contract resulting from this ITB for a period of seven (7) fiscal years following the termination of the Contract. The Contractor shall maintain complete and accurate record-keeping and documentation as required by the Department and the terms of the Contract resulting from this ITB. Copies of all records and documents shall be made available for the Department upon request. All invoices and documentation must be clear and legible for audit purposes. All documents must be retained by the Contractor at the address listed in the ITB for the duration of the Contract. Any records not available at the time of an audit will be deemed unavailable for audit purposes. Violations will be noted and forwarded to the Department’s Inspector General for review. All documents must be retained by the Contractor at the Contractor’s primary place of business for a period of seven (7) fiscal years following termination of the Contract, or, if an audit has been initiated and audit findings have not been resolved at the end of seven (7) fiscal years, the records shall be retained until resolution of the audit findings. The Contractor shall cooperate with the Department to facilitate the duplication and transfer of any said records or documents during the required retention period, and make the data available in a Department approved format. The Contractor shall advise the Department of the location of all records pertaining to this Contract and shall notify the Department by certified mail within ten (10) days if/when the records are moved to a new location.

7.9 State Objectives Within thirty (30) calendar days following award of the Contract, the Contractor shall submit plans addressing each of the State’s four (4) objectives listed below, to the extent applicable to the items/services covered by this solicitation. (Note: Diversity plans and reporting should be submitted to Jane Broyles, MBE Coordinator, Bureau of Contract Management and Monitoring, Department of Corrections, 501 South Calhoun Street, Tallahassee, FL 32399-2500. All other plans should be submitted to the Contract Manager or designee as specified in the final Contract resulting from this ITB.) 7.9.1 Diversity in Contracting: The State of Florida is committed to supporting its diverse business industry and

population through ensuring participation by minority-, women-, and veteran business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority-, women-, and veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915.

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The state is dedicated to fostering the continued development and economic growth of small, minority-, women-, and veteran business enterprises. Participation by a diverse group of Vendors doing business with the state is central to this effort. To this end, it is vital that small, minority-, women-, and veteran business enterprises participate in the state’s procurement process as both Contractors and sub-contractors in this solicitation. Small, minority-, women-, and veteran business enterprises are strongly encouraged to contribute to this solicitation. The Contractor should submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority-, women-, and veteran business enterprises. Information on Certified Minority Business Enterprises (CMBE) and Certified Veteran Business Enterprises (CVBE) is available from the Office of Supplier Diversity at http://dms.myflorida.com/other_programs/office_of_supplier_diversity_osd/. Diversity in Contracting documentation should identify any participation by diverse contractors and suppliers as prime contractors, sub-contractors, vendors, resellers, distributors, or such other participation as the parties may agree. Diversity in Contracting documentation shall include the timely reporting of spending with certified and other minority/veteran business enterprises. Such reports must be submitted at least monthly and include the period covered, the name, minority code and Federal Employer Identification Number of each minority/service-disabled or wartime veteran vendor utilized during the period, commodities and services provided by the minority/veteran business enterprise, and the amount paid to each minority/veteran vendor on behalf of each purchasing agency ordering under the terms of this Contract.

7.9.2 Environmental Considerations: The State supports and encourages initiatives to protect and preserve our environment. If applicable, the Contractor shall submit a plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Contractor shall also provide a plan for reducing and/or handling of any hazardous waste generated by Contractor‘s company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Contractor‘s explanation of its company’s hazardous waste plan and should explain in detail its handling and disposal of this waste.

7.9.3 Products Available from the Blind or Other Handicapped (RESPECT): The State/Department supports and

encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. If applicable, the Contractor should submit a plan describing how it will address the use of RESPECT in offering the items bid.

7.9.4 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): The State supports and

encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2), and (4), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. If applicable, the Contractor should submit a plan describing how it will address the use of PRIDE in offering the items bid.

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7.10 Sponsorship If the Contractor is a non-governmental organization which sponsors a program financed partially by State funds, including any funds obtained through the Contract resulting from this ITB, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: “Sponsored by Contractor’s name and the State of Florida, Department of Corrections.” If the sponsorship reference is in written material, the words “State of Florida, Department of Corrections” shall appear in the same size letters or type as the name of the organization.

7.11 Employment of Department Personnel The Contractor shall not knowingly engage in this project, on a full-time, part-time, or other basis during the period of the Contract resulting from this ITB, any current or former employee of the Department where such employment conflicts with Section 112.3185, Florida Statutes.

7.12 Non-Discrimination No person, on the grounds of race, creed, color, national origin, age, gender, marital status or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to, discrimination in the performance of the Contract resulting from this ITB.

7.13 Americans with Disabilities Act The Contractor shall comply with the Americans with Disabilities Act. In the event of the Contractor’s noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act, or with any other such rules, regulations, or orders, the Contract resulting from this ITB may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Contracts.

7.14 Copyrights, Right to Data, Patents and Royalties Where activities supported by the Contract resulting from this ITB produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Department has the right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Department to do so. If the materials so developed are subject to copyright, trademark, or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, firm or corporation, including parties to the Contract resulting from this ITB, shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Department of State. The Department shall have unlimited rights to use, disclose or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Contractor under the Contract resulting from this ITB. All computer programs and other documentation produced as part of the Contract resulting from this ITB shall become the exclusive property of the State of Florida, Department of State, with the exception of data processing software developed by the Department pursuant to Section 119.083, Florida Statutes, and may not be copied or removed by any employee of the Contractor without express written permission of the Department. The Contractor, without exception, shall indemnify and hold harmless the Department and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or un-patented invention, process, or article manufactured or supplied by the Contractor. The Contractor has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article supplied hereunder with equipment or data not supplied by the Contractor or is based solely and exclusively upon the Department's alteration of the article. The Department will provide prompt written notification of a claim of copyright or patent infringement and will afford the Contractor full opportunity to defend the action and control the defense of such claim.

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Further, if such a claim is made or is pending, the Contractor may, at its option and expense, procure for the Department the right to continue use of, replace, or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the Department agrees to return the article to the Contractor upon its request and receive reimbursement, fees and costs, if any, as may be determined by a court of competent jurisdiction.) If the Contractor uses any design, device, or materials covered by letter, patent or copyright, it is mutually agreed and understood without exception that the Contract prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work to be performed hereunder.

7.15 Disputes

Any administrative dispute that cannot be resolved informally shall be reduced to writing and delivered to the Contract Manager’s Director. The Director shall decide the dispute, reduce the decision to writing, and deliver a copy to the Contractor, the Contract Manager, and the Contract Administrator.

7.16 Subcontracts

For administrative purposes and to ensure accountability, subcontracting of the direct canteen operations will not be permitted under the contract resulting from this ITB. The Department will permit subcontracting for the provision of the Quarterly Order Products identified on the Master Canteen Products List and for services in support of this contract, including, but not limited to, technology systems support. The Contractor shall ensure that prior to execution, any subcontractor agreement(s) for provision of Quarterly Order Products, or for services where the subcontractor will require access to Department sites, are approved by the Department’s Contract Manager and contain provisions requiring the subcontractor to comply with all applicable terms and conditions of the contract resulting from this ITB. The Contractor is fully responsible for all work performed under the Contract resulting from this ITB. No subcontract, which the Contractor enters into with respect to performance of any of its functions under the Contract resulting from this ITB, shall in any way relieve the Contractor of any responsibility for the performance of its duties. All payments to subcontractors shall be made by the Contractor. If a subcontractor is utilized by the Contractor, the Contractor shall pay the subcontractor in accordance with Section 287.0585, Florida Statutes. It is understood and agreed that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities under the Contract resulting from this ITB. Failure by the Contractor to pay the subcontractor within seven (7) working days will result in a penalty to be paid by the Contractor to the subcontractor in the amount of one-half (½) of one percent (1%) of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due.

7.17 Assignment The Contractor shall not assign its responsibilities or interests under the Contract resulting from this ITB to another party without prior written approval of the Department’s Contract Manager. The Department shall, at all times, be entitled to assign or transfer its rights, duties and obligations under the Contract resulting from this ITB to another governmental agency of the State of Florida upon giving written notice to the Contractor.

7.18 Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under the Contract resulting from this ITB or interruption of performance resulting directly or indirectly from acts of God, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

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7.19 Substitution of Key Personnel In the event the Contractor desires to substitute any key personnel submitted with his/her bid, either permanently or temporarily, the Department shall have the right to approve or disapprove the desired personnel change in advance in writing.

7.20 Severability The invalidity or unenforceability of any particular provision of the Contract resulting from this ITB shall not affect the other provisions hereof and the Contract resulting from this ITB shall be construed in all respects as if such invalid or unenforceable provision was omitted, so long as the material purposes of the Contract resulting from this ITB can still be determined and effectuated.

7.21 Use of Funds for Lobbying Prohibited The Contractor agrees to comply with the provisions of Section 216.347, Florida Statutes, which prohibits the expenditure of state funds for the purposes of lobbying the Legislature, the Judicial branch, or a state agency.

7.22 Governing Law and Venue

The Contract resulting from this ITB is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the laws, rules and regulations of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida.

7.23 No Third Party Beneficiaries Except as otherwise expressly provided herein, neither the Contract resulting from this ITB, nor any amendment, addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto.

7.24 Reservation of Rights

The Department reserves the exclusive right to make certain determinations regarding the service requirements outlined in the Contract resulting from this ITB. The absence of the Department setting forth a specific reservation of rights does not mean that any provision regarding the services to be performed under the Contract resulting from this ITB are subject to mutual agreement. The Department reserves the right to make any and all determinations exclusively which it deems are necessary to protect the best interests of the State of Florida and the health, safety and welfare of the Department’s inmates and of the general public which is serviced by the Department, either directly or indirectly, through these services.

7.25 Cooperative Purchasing

Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases in accordance with the terms and conditions contained herein. The Department shall not be a party to any transaction between the Contractor and any other purchaser. Other state agencies wishing to make purchases from this agreement are required to follow the provisions of Section 287.042(16) (a), F.S. This statute requires the Department of Management Services to determine that the requestor’s use of the Contract is cost effective and in the best interest of the State.

7.26 Contractor’s Insurance

The Contractor shall obtain insurance to cover those liabilities which are necessary to provide reasonable financial protection for the Contractor and the Department under the Contract resulting from this ITB. This should include, but is not limited to, workers’ compensation, general liability, and property damage coverage. The Department must be an

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additional named insured on the Contractor’s insurance related to the Contract. Upon the execution of the Contract resulting from this ITB, the Contractor shall furnish the Contract Manager with written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate. If the Contractor is a state agency or subdivision as defined in Section 768.28, Florida Statutes, the Contractor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party’s liability beyond that provided in Section 768.28, Florida Statutes.

7.27 Prison Rape Elimination Act (PREA) The Contractor shall comply with the national standards to prevent, detect, and respond to prison rape under the Prison Rape Elimination Act (PREA), Federal Rule 28 C.F.R. Part 115. The Contractor shall also comply with all Department policies and procedures that relate to PREA.


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MANDATORY FORM ATTACHMENT 1 –CERTIFICATION/ATTESTATION PAGE FOR MANDATORY STATEMENTS

DC ITB-13-015 1. Business/Corporate Experience

This is to certify that the bidder has at least five (5) years of business/corporate experience in the past seven (7) years in the provision of large-scale canteen services in multiple sites with two (2) years of this experience being in a correctional or other security/law enforcement setting.

2. Authority to Legally Bind the Bidder This is to certify that the person signing the ITB Contractual Services Cover Sheet and the Executive Summary/Transmittal Letter is the person in the bidder’s organization responsible for, or authorized to make, binding decisions as to the prices bid.

3. Acceptance of Terms and Conditions

This is to certify that the Bidder will comply with all terms and conditions contained within the ITB.

4. Certification of Minimum Service Requirements/No Deviations This is to certify that the service bid meets or exceeds the minimum service requirements as specified in Section 3, Scope of Services of this ITB. Furthermore, this is to certify that the bid submission contains no deviations from the requirements of this ITB.

5. Statement of No Involvement This is to certify that the person signing the Bid has not participated, and will not participate, in any action contrary to the items in this ITB.

6. Statement of No Inducement This is to certify that no attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid with regard to this ITB. Furthermore this is to certify that the bid contained herein is submitted in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non-competitive bid.

7. Statement of Non-Disclosure This is to certify that neither the price(s) contained in this bid, nor the approximate amount of this bid have been disclosed prior to negotiation or award, directly or indirectly, to any other bidder or to any competitor.

8. Statement of Non-Collusion This is to certify that the prices and amounts in this bid have been arrived at independently, without consultation, communications, or agreement as to any matter relating to such prices with any other bidder or with any competitor and not for the purpose of restricting competition.

9. Statement of No Investigation/Conviction

This is to certify that the bidder, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last three (3) years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.

10. Non-Discrimination Statement This is to certify that the bidder does not discriminate in their employment practices with regard to race, creed, color, national origin, age, gender, marital status or disability.

11. Unauthorized Alien Statement This is to certify that the bidder does not knowingly employ unauthorized alien workers, pursuant to Section 274A of the Immigration and Nationality Act.

Dated this day of 20__. Name of Organization: Signed by: Title: being duly sworn deposes and says that the information herein is true and sufficiently complete so as not to be misleading.

Subscribed and sworn before me this day of 20__.

Personally Known OR Produced Identification Type of Identification Produced Notary Public: My Commission Expires:

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ATTACHMENT 2 – BUSINESS CORPORATE REFERENCE FORM DC ITB-13-014

Bidders are required to submit with the bid, contact information for a minimum of two (2) and a maximum of four (4) entities it has provided with services similar to those requested in this solicitation. The Department reserves the right to contact any and all entities in the course of this solicitation evaluation in order to make a fitness determination. 1.) Name of Company/Agency: Contact Person: Phone Number: Address: Email Address: 2.) Name of Company/Agency: Contact Person: Phone Number: Address: Email Address: 3.) Name of Company/Agency: Contact Person: Phone Number: Address: Email Address: 4.) Name of Company/Agency: Contact Person: Phone Number: Address: Email Address:

Name of Bidder’s Organization Signature of Authorized Representative and

Date

Print Name

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ATTACHMENT 3 – BUSINESS/CORPORATE REFERENCE CHECK DC ITB-13-015

(THIS FORM MAY BE COMPLETED BY THE BUREAU OF PROCUREMENT & SUPPLY UTILIZING THE INFORMATION PROVIDED ON ATTACHMENT 2.)

THIS BUSINESS REFERENCE IS FOR (Bidder’s Name):

NAME OF PERSON PROVIDING REFERENCE:

TITLE OF PERSON PROVIDING REFERENCE:

FIRM/ENTITY PROVIDING REFERENCE (if applicable):

1. How would you describe your relationship to this business/corporate entity? ( e.g. Customer, Subcontractor, Employee, Contract

Manager, Friend, or Acquaintance)

2. How many years have you done business with this business entity? _____________________ Please Provide Dates:

3. A. If a Customer, please specifically describe the primary service this entity provides to you. i.e. Does this vendor provide canteen operations services or other type of similar services?

B. Generally describe the geographic area where services were provided. (number of counties served, section of the state, etc).

C. What was the estimated population of clients that the entity served, to the best of your knowledge?

4. Did this entity act as a primary provider, or as a subcontractor? If a subcontractor, to whom? Please specifically describe the type of

service that was provided by the entity for which this reference is being provided.

5. Can you identify the total number of years that this entity has provided canteen operations or similar services? Please provide dates to the best

of your knowledge.

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6. Do you have a vested interest in this business/corporate entity? If yes, what is that interest? (i.e. employee, subcontractor,

stockholder, etc). 7. Have you experienced any problems with this business/corporate entity? If so, please state what the problem is/was and how it was resolved.

8. Would you conduct business with this business/corporate entity again? If no, please state the reason.

9. Are there any additional comments you would like to make about this business entity? Use back of form if necessary.

10. Will you provide a phone number, fax or email address so we may contact you for further questions, if necessary?

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MANDATORY FORM

ATTACHMENT 4 - PRICE INFORMATION SHEET DC ITB-13-015

STATEWIDE CANTEEN OPERATIONS

Column 1 Column 2 Column 3 Column 4

FIXED FEE PER DIEM RATE (Unit Price) to be

Paid the Department Per Inmate for

Canteen Service

Total Average Daily

Population as of

December 5, 2013

DAYS IN A YEAR

ESTIMATED TOTAL ANNUAL AMOUNT TO BE

PAID TO THE DEPARTMENT for Canteen Services

NOTE: Per Diem Rate must be Inclusive of ALL Institutions and ALL Satellite Facilities

_______________ X 89,159

X 365 = $_______________

Estimated Total Annual Amount to be paid to the Department is for bidding purposes only. In the event there is a calculation error, the unit price (fixed fee per diem rate to be paid) will prevail.

Name of Bidder’s Organization Signature of Authorized Representative and Date

Print Name