Sheriff's Office Detention Center Inmate Communication and Technology System with Optional Commissary System

Page 1 of 25 LEWIS AND CLARK COUNTY REQUEST FOR PROPOSALS INMATE COMMUNICATION AND TECHNOLOGY SYSTEM WITH OPTIONAL COMMISSARY SYSTEM PROPOSALS DUE: No later than 4:00 PM on February 27, 2023 Page 2 of 25 Project Schedule Introduction The Lewis and Clark County Sheriff’s Office is soliciting proposals from qualified inmate communication services vendors for local and out-of-area communication combined with state- of-the-art equipment and technology throughout the Lewis and Clark County Detention Center, 221 Breckenridge Street, Helena, MT. The Lewis and Clark County Detention Center requires specific needs, as outlined below, along with optional features to be considered in the proposal. Background The Lewis and Clark County Detention Center is a 166-bed detention facility in Helena, MT. It consists of thirteen housing pods, along with seven detention areas on the booking floor. The facility is three levels, with inmates housed and on each of the three levels. The facility processes

all arrestees from municipal, county, and state law enforcement officers within Lewis and Clark County. It also holds inmates for pre-trial purposes and handles short term sentenced inmates until arrangements are made for state housing. The Lewis and Clark County Detention Center was renovated in 2019-2020, but the facility was originally built in 1985. Compliance with Laws Contracts must, in performance of work under this proposal request, fully comply with all applicable federal, state or local laws, rules, and regulations, including the Montana Human Rights Act, Civil Rights Act of 1964, the Age Discrimination Act of 1975, and the American with Disabilities Act of 1990. Any subletting or subcontracting by the vendor would subject subcontractors to the same provisions. In accordance with Section 49-3-207, MCA, the vendor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing under the contract. Publication of Notices December 18 & 25, 2022 In-person Tour of Facility (optional) January 16, 2023 Questions/Requests for Clarification Due February 1, 2023 Responses to Questions/Requests for Clarifications Returned February 10, 2023 Proposals Due February 27, 2023 no later than 4:00 PM Proposals Unsealed at Public Meeting February 28, 2023 Proposal Demonstrations No later than March 10, 2023 Product Evaluations No later than March 17, 2023 Scoring Committee Review Meeting No later than March 24, 2023 Selection of Contract Awardee and Negotiations No later than March 31, 2023 Starting of Services No Later Than June 1, 2023 Page 3 of 25 Insurance Requirements Vendor shall maintain at its sole cost and expense, commercial general liability insurance naming Lewis and Clark County as additional insured for this contract against liability for damages for bodily injury, including death and completed operations and property damages in a minimum of One Million Dollars ($1,000,000.00) for each claim and Two Million Dollars ($2,000,000.00) in the aggregate arising from incidents which occur as the result of vendor’s negligence during the contract and for which Lewis and Clark County/Lewis and Clark County Sheriff’s Office sole basis of liability is vicarious liability for the acts or omissions of the vendor and/or subcontractors. Vendor shall maintain for this contract at its cost and expense insurance against claims for injuries to persons or damages to property, including contractual liability which may arise from or in connection with the contract by vendor, agents, employees, representatives, assigns and subcontractors. This insurance shall cover claims as may be caused by any negligent act or omission. The policy of insurance shall be an occurrence policy with a Best Rating of A- or better and must be in force through the contract. Vendor shall name on the Certificate of Liability insurance Lewis and Clark County as additional insured through the contract. In addition, vendor will furnish to Lewis and Clark County/Lewis and Clark County Sheriff’s Office a copy of the policy endorsement indicating that Lewis and Clark County/Lewis and Clark County Sheriff’s Office are names as an additional insured under the vendor’s insurance policy for this contract. Vendor agrees to furnish both the Certificate of Insurance and policy endorsement as agreed upon when the contract is signed, but no later than ten (10) days prior to beginning work on the contract. Workers Compensation and Prevailing Wages Vendor is required to maintain workers compensation insurance, or an independent contractor’s exemption issued by the Montana Department of Labor covering vendor and vendor’s employees. Vendor is not, nor are Vendor’s workers, employees of Lewis and Clark County. Workers Compensation insurance or the exemption from the workers compensation obligation must be valid for the entire period of the project. The successful vendor will be required to follow all the directives included in section 18-2-422 of Montana Code Annotated concerning Montana Prevailing Wages. Those directives are as follows: (1) The vendor shall pay the standard prevailing wage rate, including fringe benefits, for each job classification during construction of the project (2) The vendor is required to maintain payroll records in a manner readily capable of being certified for submission under 18-2-423, MCA, for not less than 3 years after the vendor’s completion of work on the project (3) The vendor is required to post a statement of all wages and fringe benefits in compliance with 18-2-423, MCA. Page 4 of 25 Proposal Submission Requirements It is the County’s desire to award a three (3) year contract, with renal options possible for two (2) years at a time, but no longer than seven (7) years total. No proposal may be withdrawn for at least 90 days from the proposal due date. The proposal must include evidence that the offeror is in compliance with all FCC mandates for inmate telephone services, including calling rates, deposit and transaction fees, and all FCC reporting and filing requirements, including the FCC Inmate Communication Services Annual Form 2301 filing requirement and the FCC 499 filing requirements. The contract will not necessarily be awarded to the offeror with the highest perceived commission offer, but to the offeror that demonstrates the best ability to fulfill the requirements of this RFP as determined by the County from the total information submitted. A determination shall be made of the offeror’s financial and operational ability to serve the institution. Only proposals from financially responsible organizations, as determined by the County, that are presently engaged in the business of providing institutional communications shall be considered. Representatives from the County reserve the right to contact the offeror’s current and prior clients under their management prior to the award of this contract. The selection committee may ask offerors to participate in product demonstrations or provide written responses to items requiring clarification. Any costs associated with product demonstrations are the sole responsibility of the offeror. Proposals should address all of the outline system requirements listed in this request for proposals. Offerors are responsible for providing as much detail as possible for each of the requirements. Offerors are also responsible for including all additional materials to portray their product as accurately as possible. Six (6) sealed copies and one (1) digital copy of the proposal are to be delivered to: Lewis and Clark County Attn: Inmate Communication and Technology System 316 North Park Avenue, Room 345 Helena, MT 59623 All proposals must arrive no later than 4:00 PM. Mountain Time on February 27, 2023. Proposals received after the deadline will not be considered. Proposals will be unsealed at 10:00 AM on February 28, 2023, at a meeting open to the public located at 316 N Park Avenue, Room 309, Helena, MT. An optional, in-person tour of the facility is scheduled for January 16, 2023. Offerors with questions related to the request for proposal shall contact Casey Hayes, Lewis and Clark County Purchasing Officer at chayes@lccountymt.gov. Questions may be submitted until 4:00 PM Mountain Time on February 1, 2023. Responses to questions will be posted to the County’s website no later than February 10, 2023. mailto:chayes@lccountymt.gov Page 5 of 25 INMATE COMMUNICATIONS SERVICES REQUEST FOR PROPOSALS Table of Contents System Overview Page 6 System Application and Management Page 6 Inmate Phone Calls Page 7 Inmate Video Visits Page 9 Inmate Text Based Messaging/Secure Email Page 11 Inmate Forms and Facility Tools Page 12 Inmate Tablets Page 12 Investigations Page 13 Mail Scanning Page 13 Other Media and Devices Page 14 Additional Services Provided Page 14 Inmate Accounts and Customer Services Page 14 Service and Support Page 15 Charges, Fees, and Commissions Page 16 Commission Offer Page 17 Selection Criteria Page 18 Method of Award Page 18 Proposal Contents Page 19 Other Requirements Page 20 Page 6 of 25 SYSTEM REQUIREMENTS Overview The proposed system must meet the communication needs for inmates housed in the Lewis and Clark County Detention Center, by providing telephone service, video visitation, text-based messaging, and electronic submission of inmate forms. In addition to the required features listed above, the proposals can also include features for inmates to use inmate education provided on the systems, entertainment options, and associated commissary services. If no additional services are available, ability to incorporate outside vendors should be included. The County is interested in a modern technological system, made up of traditional phones, kiosks, and tablet computers. Describe system hardware and how it meets the above needs. If the proposed system uses a combination of hardware, offeror should clearly specify what options are available on each. The offeror shall provide secure access for all inmate services and under no circumstances allow inmates to access unmonitored or unsecured services, internet, or networks. All non-privileged inmate communications must be monitorable and recorded. Communications must be retained and archived for a minimum period of 3 years. SYSTEM APPLICATION AND MANAGEMENT Structure and Security The system’s user interface shall be web-based, easy to use application that is available security from anywhere at any time remotely. If there are functions that cannot be performed remotely, offeror must clearly describe any limitations. The proposed system shall be password protected, with tiered security access levels, to permit only county personnel and their designees to have access. For security purposes, the system must be a centralized non-premise system that will keep all records secure and not require the need to be maintained at the facility. All records must be backed up and geographically disparate to minimize the risk of data loss due to a catastrophic system failure. Describe in detail system backup plans and system redundancy. The proposed system must have the ability to set automatic shut off times for all inmate communication equipment and inmate services (e.g., phone calls, visits, media, etc.) as designated by the County. Page 7 of 25 County personnel must be able to manually shut down all equipment and services in the event of an emergency. The system must allow users with sufficient privileges to disable both individual communication devices and groups of devices (by device type or location) as needed by the facility. The system must allow designated county users with sufficient privileges to create new users, inactivate old users, and assign appropriate system privileges to complete their tasks. Reports The proposed system should be able to generate user customizable reports for all information and records stored in the system. This includes detailed information on calls, video visits, deposits, services used by inmates, user activities, etc. Reports should be exportable to common spreadsheet file formats (CSV, XLSX, XLS, etc.). Offeror shall attach samples of reports their system can generate and describe, in detail, report options and file output options. Inmate Identity and Protection System must have security procedures and technology (e.g., unique personal identification numbers, voice biometrics, facial recognition, etc.) in place to prevent inmates from stealing other inmates’ accounts. Offeror should describe in detail how the system prevents inmates from stealing another inmate’s account. INMATE PHONE CALLS Definition Phone calls are any voice all made from a telephone, kiosk, tablet, etc. that are subject to the rules and regulations concerning inmate telephone communications. Call Parameters The proposed system must, at the onset of the call, identify it as originating from the Lewis and Clark County Detention Center. The system must inform both parties that the call is subject to recording and monitoring and identify the inmate calling. Conversation cannot proceed until the called party accepts the call. The proposed system must be able to identify privileged calls (e.g., attorney calls) and prevent recording, monitoring, or charges for these calls to inmates, the County, or the called party. Offeror should take note of §7-32-2255, Montana Code Annotated, which mandates privileged calls between inmates and their attorney must be without charge. Describe, in detail, the process for managing privileged calls. Page 8 of 25 The inmate shall not be able to communicate with nor hear the called party until the call has been accepted by the dialed party. The proposed system shall provide an option for the called party to request the rate of the call prior to acceptance. The called party must actively accept the call. Billing does not begin until the call is accepted. The proposed system must allow for live monitoring of phone calls and allow users of sufficient privilege to terminate the call. The proposed system must allow the county to set maximum call length. The proposed system must allow for staff to be able to block phone numbers from being called on both an individual basis and facility wide. The proposed system must include user prompts in English and Spanish. Call Records All inmate phone calls, with the exception of privileged communications, must be recorded. Call recordings must be stored online. Recordings must be accessible to and downloadable by the County for the length of the contract. Call recordings must be made available to the County at no charge for three years after contract expiration, even if Lewis and Clark County decides to use another inmate phone system provider. Users must be able to search call recordings by inmate’s name, date of call, location in facility call originated, and destination number. Call recordings should be easily downloadable, both by individual recording and batch downloads of multiple recordings by shared criteria (e.g., inmate’s name, date of call, and housing unit). Filenames of call recordings should include identifying information (e.g., inmate’s name, date of call, etc.) Call recordings must be downloadable to a common audio format (e.g., mp3, wav, etc.). Call recordings must be clear and understandable. Offeror shall submit sample call recordings (minimum of three calls) that demonstrate sound quality of their system. Recordings may have any personal and facility information removed or be test calls between offeror or be test calls between offeror personnel made on a offeror installed system. Page 9 of 25 Inmate Phone Security The proposed system must allow the called party to block future calls from the Lewis and Clark County Detention Center. Offeror should describe in detail what systems, if any, will be used to ensure inmate using the phone is the person speaking on the phone (e.g., voice biometrics or other means). The proposed system shall prevent the inmate from receiving a second dial tone or “chain- dialing”. The proposed system shall prevent extra digits dialed by the inmate after the party has accepted the call. The proposed system shall guard against “hook-switch-dialing” and other fraudulent activities. The proposed system should be able to detect and automatically end calls being forwarded after answered by the called party. The system shall detect the difference between an accepted call, an answering machine, busy signal, and other telephone activity. The proposed system must be able to detect potentially fraudulent telephone activity and at the County’s discretion disconnect calls automatically. Describe types of fraud offeror’s system will detect and how it prevents fraudulent telephone activity. INMATE VIDEO VISITS The system must be able to provide both remote and onsite video visitation for inmates and visitors. Hardware and Equipment Describe the hardware (e.g., tablets, kiosks, etc.) inmates can visit on. The offeror must provide sufficient hardware and equipment for inmates to make regular video visits. Hardware must be designed for a corrections environment. The offeror should provide a minimum of two visiting kiosks or stations in the facility lobby for local visiting. Inmate Video Visit Security The system must allow users to monitor and terminate active visits. Page 10 of 25 The Offeror should describe what security measures are in place to ensure the inmate making the call is the inmate listed on the account. If inmates visit through portable hardware (i.e., tablets), the system should be able to limit inmate video to specific areas of the housing units, as designated by the County. Describe the types of fraudulent video visit activity the system will detect and how it prevents fraudulent video visit activity. Remote Visitor Interface The proposed video visitation system must be easy to use and should work on all major smartphones, tablet computers, and computers (equipped with camera and microphone). The proposed video visitation system should provide the visitor with a diagnostic test to check their internet connection is capable of video visitation. Describe, in detail, the system’s compatibility with consumer hardware and operating systems, including known limitations. Scheduling The video visitation system must be able to allow inmates to schedule visits, independent of staff. Offeror should describe in detail options for scheduling video visits. Video Recordings All video visits, with the exception of privileged communications, must be recorded, stored online, accessible, and downloadable by the County for a minimum of one year from the date of the visit and at no charge to the County. Users must be able to search visit recordings by inmate’s name, date of visit, and location in facility inmate was housed. Visit recordings should be easily downloadable, by both individual recording, and batch downloads of multiple recordings by shared criteria (e.g., inmate’s name, date of visit, and housing unit). Filenames of visit recordings should include identifying information (e.g., inmate’s name and date of visit). Video visit recordings must be downloadable to a common video format (e.g. ,mp4, mpeg, avi, etc.). Page 11 of 25 The proposed system should have an up to date, secure method of verifying the visit file is a true and accurate copy of the original. Describe the proposed system’s method for authenticating a recorded visit. Video visit recordings must be clear and understandable. Offeror shall submit sample video visit recordings (minimum of three visits) that demonstrate sound quality of their system. Recordings may have any personal and facility information removed or be test visits between offeror personnel made on a offeror installed system. Mandatory Visitation Video visitation is important for inmates to stay in contact with family, friends, and the community. The system must allot a minimum of 45 minutes of video visit time to each inmate in the facility, at no charge to the inmate or facility. The system should allow increased visit time, based on classification, housing assignment, and assignment to work details, at no charge to the inmate or facility. Privileged Video Visits The County is interested in systems that can provide non-recorded video visitation to specific government agencies (e.g., Public Defenders, verified attorneys, etc.) at no cost to the County or agency. Describe options available for privileged video visits. INMATE TEXT-BASED MESSAGING/SECURE EMAIL The proposed system must provide some form of text-based messaging or secure email to inmates. Messaging Options And Fees The offeror shall, in detail, describe the system’s text-based messaging or secure email options. Messaging Security All inmate text-based messaging or secure email options, with the exception of privileged communications, must be recorded. All message records must be maintained for the life of the contract. Message records should be searchable by inmate’s name, date of message, and location of inmate who sent message. Message records should be downloadable to common file formats (CVS, XLSX, XLS, PDF, etc.). Page 12 of 25 The proposed system must allow for users to block inmates from sending and receiving text- based messages. INMATE FORMS AND FACILITY TOOLS The proposed system must include modern communication tools between inmates and the facility, at no cost to the inmate or facility. Inmate Requests and Grievances The proposed system must allow for inmates to submit facility requests and grievances and to receive responses from the facility. Forms should be customizable by the facility. Describe, in detail, the system for inmate form and grievance submission and any appeal process after initial answer of form. Facility Material and Messages The proposed system must allow for the facility to easily disseminate documents to inmates, such as rule books, schedules, etc. The system must allow for the facility to send messages to both specific inmates and groups of inmates. Describe, in detail, the options available to provide facility documents and messages to inmates. Inmate Commissary The proposed system must either provide a commissary service or be able to coordinate with an outside provider. If not able to provide a commissary service, describe which providers offeror is able to coordinate with and any limitations on coordination of commissary services. INMATE TABLETS The County is interested in systems that provide tablet computers to inmates for educational and entertainment purposes. Describe proposed inmate to device ratio. Describe educational and entertainment options for the proposed system. Describe, in detail, the different system features offered on the tablet. Page 13 of 25 INVESTIGATIONS Describe, in detail, investigative tools included in the proposed system Voice Transcription The proposed system should include transcription of phone calls. The proposed system may include transcription of video visits. The proposed system should allow keyword searches for all transcribed records and text-based messages. Describe, in detail, the proposed system’s ability to complete these tasks. Automatic Alerts The proposed system must be able to send automatic alerts through email and/or text message to investigators for all inmate communications as needed. The proposed system’s alerts should give investigators the option of receiving calls, messages, and video for real time surveillance. Describe, in detail, how the proposed system’s alert system works for investigators. MAIL SCANNING The County is interested in options for electronic delivery of inmate mail sent through the USPS. This will require mail to be scanned, uploaded, and delivered through tablet or kiosk. Onsite Mail Scanning The proposed system must allow mail to be easily uploaded by facility staff and delivered to inmates through tablet and/or kiosk. Describe, in detail, the process for onsite electronic mail delivery. Offsite Mail Scanning The County is interested in exploring an offsite mail scanning solution, where the offeror (or their contractor) receives, scans, and uploads the mail for digital delivery to inmates through tablet or kiosk. If offsite mail scanning is offered, offeror should include a detailed description of offsite mail process. Charges/Fees Clearly state all charges and fees associated with mail scanning for both onsite and offsite mail scanning, along with any charges or fees for printing off photographs. Page 14 of 25 OTHER MEDIA AND DEVICES Digital Pictures/Picture Messages The proposed system should allow friends and family to send pictures to inmates electronically. The proposed system must inspect and approve pictures, prior to delivery to inmate. The proposed system must not allow outgoing pictures. The proposed system must allow pictures to be disabled by user. Describe, in detail, all capabilities to receive messages, to include approval process. Law Library The proposed system should include a digital law library service that covers Montana laws, Federal laws, and case law to allow inmates access in the housing areas. Law library can either be included or offered at an additional cost, but should be outlined in the proposal with any associated costs. Other Services and Devices If the proposed system includes devices other than phones, tablets, or wall mounted kiosks, include a detailed description of the device and what services it provides. If the proposed system includes services other than those already stated, including a detailed description of those services. Additional Services Provided If the offeror has any other features that are not listed in this proposal, these should be included in the proposal. INMATE ACCOUNTS AND CUSTOMER SERVICE Inmate Accounts The proposed system may be required to coordinate with a commissary provider to maintain an inmate account for all services offered and take deposits without facility staff involvement. The proposed system should have an automatic kiosk in the lobby for depositing of inmate’s funds. Said kiosk must accept cash or card and provide depositor with a printed receipt. The proposed system must have procedures and policies in place for inmate refunds. Describe, in detail, refund policies and any charges or fees for accepting deposits. Page 15 of 25 Inmate Customer Service The proposed system must have a method for inmates, and the friends and family of inmates, to contact customer support for issues that do not require staff involvement. The proposed system must have a toll-free number that friends and family of inmates can call. SERVICE AND SUPPORT Service and Maintenance Offeror must have repair personnel and/or contracted repair personnel able to respond to the Lewis and Clark County Detention Center no later than 24 hours after a service call is made. Offeror must provide a 24-hour, toll-free service number for the County’s use. Offeror must address all major service outages within four (4) hours of notice. Detail the method of determining service interruptions and service call priorities. List response times for each priority and the level of expertise devoted to each priority. Offeror must provide a contact person who will be responsible for ongoing account management and support. In addition, offeror must provide the County with any changes made to this position during the term of the agreement. Offeror must outline customer service processes provided for public users (i.e., webform, call center, hours of operation, etc.). Training Offeror shall provide initial onsite training to the County staff in system administration, operation, and reporting. Training thereafter can be remote or, if requested by the County, onsite. Describe the training program, including a description of topics covered and any applicable documents. Installation The offeror will provide inmate phone sets, an automated inmate call control system, visitation recording sets, remote system access and all other ancillary services requested in the system and insure they are working properly. This installation is to be completed within 60 days after the contract is awarded. Offeror shall submit a complete and detailed schedule of the time frame required for installation including utility coordination, internet service provider installation, training, cut- Page 16 of 25 over, and testing. The service must be installed in a manner and within a timeframe designed to minimize disruption of normal function of the County. Any delay in implementation of the offeror’s schedule that is caused by the County will increase the offeror’s time allowance to complete installation, but the offeror must submit a complete and detailed schedule of additional time required. The risk of loss and/or damage will be assumed by the offeror during shipment/travel, unloading, and installation. CHARGES, FEES, AND COMMISSIONS Offerors shall disclose, in detail, all possible fees charged to inmates and the public to include the following services: - Phone calls - Video visits - Text-based messages - Money deposits - Any other service provided, not specifically requested in this solicitation, that charges a fee Offerors will be allowed to gather information regarding current phone, video visit, and other uses in the Lewis and Clark County Detention Center to develop their disclosure outlined above. Requests for this information must be made no later than February 1, 2023. In addition to all charges and fees, the offeror shall provide proposed language for sharing of commissions for services provided with Lewis and Clark County. Describe, in detail, all manner of shared commissions and definitions that differentiate between the described services. Offerors shall provide what forms of payment options are available to public users, to include specific credit/debit card carriers, money orders, personal checks, and cash. Offerors shall detail the intake process of money and how accountability is maintained for the funds. Any fees not detailed in the proposal submitted cannot be implemented in the facility without written approval by the County. This includes fees for making phone calls, video visits, depositing money on an account, accepting a collect call, or any other service provided by the offeror. Page 17 of 25 COMMISSION OFFER Offerors shall identify all call types upon which the County will receive a commission, along with the proposed calling rates in the following format: Proposed Call Type: Prepaid PIN Debit First Minute (connect + per minute charge) Subsequent Minutes Local IntraLATA InterLATA Interstate Commission percentage to County = __________% Proposed Call Type: Prepaid Collect Calling First Minute (connect + per minute charge) Subsequent Minutes Local IntraLATA InterLATA Interstate Commission percentage to County = __________% Page 18 of 25 SELECTION CRITERIA Selection will be made based on the offeror’s written proposal and any requested presentation. The evaluation committee will review all proposals and make their recommendations for selection. The primary criteria used in making a selection will be as follows: Criteria Points Possible Offeror’s demonstrated experience and expertise in correctional facilities. Experience shall include current service in correctional facilities of similar size and volume as the Lewis and Clark County Detention Center as well as the experience of staff, district manager, and transition team. 20 points Financial return to Lewis and Clark County. 30 points Offeror’s references indicating facility locations and point of contact information. This list shall contain at least five (5) current customers, preferably of a size comparable to the Lewis and Clark County Detention Center. 25 points Types of services provided and their respective benefits to staff and inmates. 25 points An evaluation committee will review all submitted proposals and verify that they meet the minimum requirements. All offerors whose proposals meet the minimum requirements will be allowed to demonstrate their product during the time frame described in this solicitation. The evaluation committee will not make a decision before the timeframe for completing demonstrations has expired. Demonstrations will include costs, methods, and all other relevant factors. The County retains the right to allow minor variations, as determined by the County, on any of the required criteria or information received. At the conclusion of the committee’s evaluation, each offeror will be ranked on the basis of the selection criteria. The County will negotiate a final contract with the offeror ranked first by the committee. If a satisfactory agreement can be reached, the contract shall be awarded to this offeror, otherwise negotiations will be conducted with each subsequent offeror until a satisfactory contract can be established or until the committee determines the rejection of all proposals is in the best interest of Lewis and Clark County. METHOD OF AWARD An award will be made to the offeror whose proposal is determined to be the most professionally and technically complete, taking into account the selection criteria. The selection process may, however, include a request for additional information or an oral presentation to support the written proposal. The price structure offered will be considered firm and shall not be altered after submission of proposals. Page 19 of 25 Lewis and Clark County reserves the right to award this contract to the offeror that demonstrates the greatest ability to fulfill the requirements of the RFP, not necessarily to the offeror with the highest commission. The successful offeror will be chosen based on the qualifications and selection criteria discussed in this solicitation. The offeror who receives the award shall commence work only after the transmittal of a fully executed contract and after receiving written notification to proceed from Lewis and Clark County and shall perform all services indicated in the proposal in compliance with the negotiated contract. Lewis and Clark County reserves the right to reject any or all proposals received, in whole or in part. Lewis and Clark County will not pay for any information herein requested, nor is it liable for any costs incurred in the preparation of the proposals. Proposals that do not meet the mandatory requirements will be not be considered responsible. After the evaluation of the proposals and selection of the successful offeror, all offerors will be notified in writing of the selected firm. PROPOSAL CONTENTS Offerors must submit a response in the form of a proposal that contains the following aspects. 1. A brief letter addressed to the Lewis and Clark County Commission that includes the following information: - Name and address of offeror - Name, title, and telephone number of the contact person - Statement that the proposal is in response to this solicitation - Signature, typed name, and title of the individual who is authorized to commit the offeror to the proposal 2. A technical proposal that includes the following information: - Introduction - Company profile containing the following information: ▪ Date organized to provide inmate communication services ▪ Number of employees ▪ Number of years doing business ▪ Resume of District Manager or Account Manager to be assigned to Lewis and Clark County ▪ Company Achievements ▪ Corporate Office Organizational Structure ▪ References, with addresses and phone numbers - Proposal containing the following information: Page 20 of 25 ▪ Details related to the system requirements including any required specifications as outlined by this solicitation ▪ Details related to any additional systems proposed outside of this solicitation including all commissions and breakdowns for offeror and County OTHER REQUIREMENTS It is highly recommended that all offerors visit and examine the facility prior to submitting a proposal for this solicitation. The County will make all accommodations possible to allow for site visits to occur before the submission deadline. All employees of the contracting firm who will work in the jail must be cleared by the Lewis and Clark County Sheriff’s Office. All employees of the contracting firm must comply with Lewis and Clark County Sheriff’s Office policies and procedures relating to facility security. Page 21 of 25 Standard Terms and Conditions By submitting a response to this Request for Proposal, the offeror agrees to acceptance of the following Standard Terms and Conditions and any other provisions that are specific to this solicitation. 1. Authority This Request for Proposals (RFP) is issued under the authority of the Lewis and Clark County Purchasing Policy. The RFP process is a procurement option which allows the award to be based on evaluation criteria in addition to cost. The relative importance of all evaluation criteria is found herein and only the evaluation criteria outlined in the RFP will be used. Lewis and Clark County (herein, the “County”) reserves the right to accept or reject any or all proposals, wholly or in part, and to make awards in any manner deemed in the best interest of the County. 2. Competition Lewis and Clark County encourages free and open competition among offerors to obtain quality, cost-effective services and products. Whenever possible, specifications, invitations, and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the County’s needs and accomplishment of a sound economical operation. The offeror’s submission of a proposal guarantees that the prices quoted have been established without collusion with other eligible bidders and without effort to preclude Lewis and Clark County from obtaining the lowest possible competitive price. Prior to the award of the contract, proposals may be held by Lewis and Clark County for a period not to exceed 90 days from the date of the opening of proposals for the purpose of reviewing proposals and investigating the qualifications of the offerors. 3. Public Inspection of Proposals All information received in response to this RFP, including copyrighted material, is deemed public information and with one exception will be available for public viewing and copying after the proposal deadline. The public will not be able to view bona fide trade secrets meeting the requirements of the Uniform Trade Secrets Act, Title 30, Chapter 14, Part 4, MCA. The purchasing officer will remove any such trade secrets from the RFP prior to public viewing. 4. Bona Fide Trade Secrets Confidential information meeting the requirements of Title 30, Chapter 14, Part 4, MCA will be available for review only by the purchasing officer, the evaluation committee members, and limited other designees. Before the RFP is made available to the public, Page 22 of 25 the purchasing officer will remove the confidential information if the following conditions are met: • Confidential information is clearly marked and separated from the rest of the proposal; • No confidential material is contained in the cost section; and • An affidavit from the offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to the proposal. The offeror shall pay all legal costs and fees associated with defending a claim for confidentiality if a “right to know” request is received from another party. In order for an offeror to request that material be kept confidential, a notarized Affidavit for Trade Secret Confidentiality shall be provided by the bidder’s attorney acknowledging that material included in a proposal is open to public inspection except for information that meets the provisions of Montana’s Uniform Trade Secrets Act. 5. Classification of Proposals as Responsive or Non-responsive All proposals will be classified as either “responsive” or “non-responsive.” A proposal is considered “responsive” if it conforms in all material respects to the requirements of the RFP. A proposal may be found non-responsive if: • Required information is not provided; • The cost proposal is excessive or inadequate as measured by criteria stated in the RFP; • The proposal does not conform to the specifications described and required in the RFP. If a proposal is found to be non-responsive, it will receive no further consideration. 6. Determination of Offeror Responsibility The purchasing officer and/or the selection committee will decide whether an offeror has met the standards of responsibility based on the requirements of the RFP. Factors used to determine the responsibility may include whether the offeror has: • The appropriate financial, material, equipment, or human resources to meet all contractual requirements; • A satisfactory record of integrity; • The legal ability to contract with the County; • Provided all information requested for use in the determination of responsibility; and • A satisfactory record of past performance. Page 23 of 25 An offeror may be deemed “non-responsible” at any time during the procurement process if information surfaces to support such a determination. 7. Evaluation of Proposals and Offeror Interviews/Product Demonstration The remaining proposals will be scored according to the evaluation criteria stated herein. The selection committee may ask finalists to appear for interviews or product demonstrations or to provide written responses to items requiring clarification. Any costs associated with interviews or product demonstrations are the sole responsibility of the offeror. 8. County’s Right to Investigate and Reject Lewis and Clark County may make such investigations as are deemed necessary to determine the ability of the offeror to provide the product or services specified. The County reserves the right to reject any proposal if the evidence obtained fails to satisfy the County that the offeror is properly qualified to perform the obligations of the contract. This includes the County's ability to reject a proposal based on negative references. 9. Offeror Selection and Contract Execution After an evaluation of the offeror interviews and/or product demonstrations, the selection committee will recommend a contract award, which the purchasing officer will communicate to the offeror selected. If the offeror and the County cannot agree on the contract terms, the County may move to next ranked offeror or cancel the RFP. The work described in the RFP may begin only after the contract is signed by all parties. 10. County’s Rights Reserved Submission of a proposal confers no rights upon any offeror and shall not obligate the County in any manner whatsoever. Lewis and Clark County reserves the right to make no award and to solicit additional proposals at a later date. The RFP in no way constitutes a commitment by the County to award and execute a contract. If such actions are deemed in its best interests, the County, in its sole discretion, reserves the right to: • Cancel or terminate this RFP; • Reject any or all proposals received in response to this RFP; • Waive any undesirable, inconsequential, or inconsistent provisions of this RFP; and/or • If awarded, suspend contract execution or terminate the resulting contract if the County determines adequate funds are not available. Page 24 of 25 11. Nondiscrimination In accordance with federal and state laws, the offeror agrees not to discriminate against any client, employee, or applicant for employment of for services because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: • Employment upgrading; • Demotion or transfer; • Recruitment or recruitment advertising; • Lay-offs or terminations; • Rates of pay or other forms of compensation; • Selection for training; or • Rendition of services. Offerors and the awardee shall comply with all federal, state, and local laws, rules and regulations. Offerors and the awardee and any of the offerors’ and the awardee’s sub- grantees, contractors, subcontractors, successors, transferees, and assignees shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract or agreement. It is further understood that any offeror who is in violation of this clause shall be barred forthwith from receiving awards of any purchase from Lewis and Clark County unless a satisfactory showing is made that discriminatory practices have ceased, and the recurrence of such acts is unlikely. 12. Cone of Silence A cone of silence shall be established on all Lewis and Clark County competitive selection processes. The cone of silence prohibits any communication regarding a competitive solicitation between any bidder (or its agents or representatives) or other entity with the potential for a financial interest in the award (or their respective agents or representatives) regarding such competitive solicitation, and any Elected Official or County employee, selection committee member, or other persons authorized to act on behalf of the County. The cone of silence shall be in effect from the time of advertisement until contract award. Violations of the cone of silence may be grounds for disqualification from the Page 25 of 25 selection process. The cone of silence shall not apply to communications at any public proceeding or meeting. The cone of silence shall terminate when the Board or a County employee authorized to act on behalf of the Board awards or approves the Contract, rejects all Bids or responses, or otherwise takes action to end the selection process. 13. Protest Procedure An offeror aggrieved in connection with the solicitation or award may protest in accordance with the procedure outlined in the Lewis and Clark County purchasing policy. END OF REQUEST FOR PROPOSALS