Public Service Commission
Capital Circle Office Center 2540 Shumard Oak Boulevard
Tallahassee, Florida 32399-0850

REVISED

DATE:	September 9, 2004
TO:	Director, Division of the Commission Clerk & Administrative Services (Bayó)
FROM:	Division of Competitive Markets & Enforcement (Moses, Casey) Office of the General Counsel (Rojas)
RE:	Docket No. 040763-TP – Request for submission of proposals for relay service, beginning in June 2005, for the hearing and speech impaired, and other implementation matters in compliance with the Florida Telecommunications Access System Act of 1991.
AGENDA:	09/21/04 – Regular Agenda – Interested Persons May Participate
CRITICAL DATES:		THE CURRENT CONTRACT WITH SPRINT EXPIRES MAY 31, 2005. SIGNIFICANT TIME IS NEEDED TO ISSUE THE RFP, EVALUATE PROPOSALS, AND SET UP THE SYSTEM.
SPECIAL INSTRUCTIONS:		REVISED original was filed on 08/26/2004 Due to interpreter availability, staff requests this item be addressed by the Commission at 11:15am or later on September 21^st.
FILE NAME AND LOCATION:		S:\PSC\CMP\WP\040763.RCM.DOC

This is a revised recommendation to adjust the key dates in the Request for Proposal (RFP) due to the cancellation of the September 7^th Agenda Conference and to include a price evaluation formula for Captel service. Pages 16, and 51 of Attachment A have been revised.

Executive Summary

This recommendation proposes that the Commission approve the attached (RFP) (Attachment A) to provide a telecommunications relay service system in Florida. If approved, the RFP will be issued September 217, 2004, with the bidders' proposals due by November 18. The current schedule calls for the Commission to select a provider in January and for the provider to begin furnishing service by June 1, 2005.

The RFP describes a relay service which will be in compliance with both the Florida Telecommunications Access System Act (TASA) and the federal Americans with Disabilities Act (ADA). The RFP mandates many features including: 24 hour a day service every day of the year, answering time and blocking standards, confidentiality conditions, procedures for relaying a call which gives substantial control to the user in how the call is handled, communications assistant (CA) and staff requirements, provisions for complaint resolution and consumer input, and other features. In addition, the RFP allows a bidder to provide unsolicited features as part of its basic relay service for which additional evaluation points may be awarded. Bidders may also propose optional services (for which a separate price is proposed), such as Video Relay, IP-Relay, and an Account Manager, that are not part of their basic relay service, and for which additional points will not be awarded. Once a provider is selected, the Florida Public Service Commission (FPSC) will determine which of the optional services it may wish to add to the basic relay service and negotiate the conditions under which these optional services will be offered.

The FPSC shall award the contract to the bidder whose proposal is the most advantageous to the state, taking into account the following considerations in Section 427.704(3)(a), Florida Statutes:

a. The appropriateness and accessibility of the proposed telecommunications relay service for the citizens of the state, including persons who are hearing impaired or speech impaired;

b. The overall quality of the proposed telecommunications relay system;

c. The charges for the proposed telecommunications relay service system;

d. The ability and qualifications of the bidder to provide the proposed telecommunications relay service system as outlined in the RFP;

e. Any proposed service enhancements and technological enhancements which improve service without significantly increasing cost;

f. Any proposed inclusion of provision of assistance to deaf persons with special needs to access the basic telecommunications system;

g. The ability to meet the proposed commencement date for the FRS; and

h. All other factors listed in the RFP.

Each bidder will be required to submit its bid on the basis of a charge per billable minute assuming a three-year contract would be awarded with the option of four one year extensions. The price proposal must be submitted in a sealed envelope separate from the technical proposal.

The RFP also provides for a point system for evaluating the proposals. A weight of 60% will be given to the technical aspect of the proposal and a weight of 40% will be given to the price aspect of the proposal. The Proposal Review Committee (PRC), consisting of three FPSC staff members and two Advisory Committee members, will evaluate each proposal. In addition, staff from the Division of Regulatory Compliance & Consumer Assistance will review certain financial data in the proposal.

Case Background

The Telecommunications Access System Act of 1991 (TASA) became effective May 24, 1991 and is found in Chapter 427, Part II of the Florida Statutes. TASA was developed in response to two needs. The first was the need for permanent funding for the distribution of specialized telecommunications equipment for people who are hearing and speech impaired (TDDs, volume control telephones, etc.). The second motivation for TASA was the need for a telecommunications relay system whereby the cost for access to statewide basic telecommunications services for persons who have a hearing or speech impairment is no greater than the amount paid by other telecommunications customers.

The ADA required telephone companies to develop a relay system for both interstate and intrastate calls by July 1993; however, TASA mandated that a statewide telecommunications relay service be provided earlier, beginning June 1, 1992. Florida's TASA required the development of a statewide relay service that would be capable of being certified by the FCC. TASA provides funding for the distribution of specialized telecommunications devices and intrastate relay service through the imposition of a surcharge of up to $.25 per access line per month. (Accounts with over 25 lines are billed for only 25 lines).

There are several entities identified in TASA. The FPSC has overall responsibility for implementation and oversight of the system. The incumbent local exchange companies (LEC), competitive local exchange companies, and shared tenant providers have the responsibility of collecting the surcharge and submitting it to the Administrator. Florida Telecommunications Relay, Inc. (FTRI), a nonprofit corporation formed by the LECs, was named by the FPSC to serve as the TASA administrator. The provider is the entity that, as a result of being awarded the contract resulting from the RFP, will provide relay service.

The Advisory Committee (AC) is a group of up to ten individuals recommended by various organizations representing both the telephone industry and individuals with hearing, speech, or dual sensory impairments. The Advisory Committee's role is to provide input to both the FPSC and the FTRI on the development and operation of the relay system. Staff met with the Advisory Committee on April 30, 2004, to obtain its input. Two Advisory Committee members assisted staff since that meeting and their suggested changes are in the attached draft RFP.

The current contract with Sprint expires May 31, 2005. Thus, the RFP needs to be approved for issuance so that we can remain on schedule and a contract can be signed in January 2005, allowing the selected provider time to set up the system by June 1, 2005.

Discussion of Issues

Issue 1: Should the attached draft RFP be issued?

Recommendation: Yes. The Commission should issue the attached RFP.

Staff Analysis: The RFP was drafted to describe as specifically as possible the relay service that should be provided. Staff has updated the RFP to include services currently being provided and to be compliant with all FCC certification requirements. Staff also considered the Advisory Committee's recommendations. The primary changes since the last RFP issued in 1999, are specifically identified below.

PRIMARY CHANGES FROM PREVIOUS RFP PROCEDURES

The location in the RFP of each of the following subject matters is referenced in parentheses by section and paragraph number. For example, (B.3) is Section B paragraph 3 of the RFP. The only changes listed below that are not already part of the existing contract are items 1, 3, 4, and 15.

1. Term of Contract (B.3): The term of the contract was changed from an initial 3 year contract with two yearly extensions to an initial 3 year contract with four yearly extensions. Staff believes this change will reduce the Commission’s cost to issue another RFP for an additional two years if the service provided is adequate. Of course, the Commission has the authority to terminate the contract at any time with proper notification. This item is a pass/fail evaluation value.

2. Access Numbers (B.5): Dialing 711 as a form of relay access was added during the existing contract which points to the voice 800 number. All other access numbers will remain the same. This item is a pass/fail evaluation value.

3. Increased CA Qualifications (B.7): The FCC increased the typing speed from 55 wpm to 60 wpm: Staff interprets the requirement that 60 wpm should be what the customers using the service should experience. Therefore, staff has included in the RFP language that requires testing of the service using prepared scripts through the relay system and requiring the CA to be able to type 60 wpm on the live test calls. Staff also included language on how the testing is to be performed.

The CA minimum qualifications was also changed from requiring only basic skills in English grammar to requiring competent skills in grammar, interpretation of typewritten ASL, familiarity with hearing and speech disability cultures, languages and etiquette. Another requirement that was added is that the CAs must have a minimum of a high school diploma or grade equivalent. This item is assigned 100 evaluation points.

4. 80% Traffic in Florida Relay Center: Staff eliminated the requirement that 80% of all Florida traffic be handled by the relay center located in Florida. Elimination of this requirement will allow the provider more flexibility in the event of heavy traffic volumes which will result in fewer blockages and hold times. It also allows the provider flexibility in the event of an emergency such as a hurricane to reroute traffic to other centers without the need of seeking Commission approval for a waiver of the 80% requirement. It may also result in a lower price being proposed.

REVISED

A disadvantage of eliminating the 80% traffic requirement is the possibility of the loss of some jobs in the Florida center. It is difficult for staff to determine how many jobs, if any, would be eliminated with this change.

5. In-Call CA Replacement (B.11.j): The FCC requires that a CA must stay on a call for a minimum of 10 minutes for regular TRS calls and a minimum of 15 minutes for Speech to Speech calls. This item is part of other requirements in the same paragraph which is in total assigned 100 evaluation points.

6. Call Release Function (B.17): Call Release is a feature that allows the CA to connect two TDD users and then “release” the line leaving the two TDD users connected. The FCC added “call release” functionality to the minimum requirements for relay. This item is assigned 50 evaluation points.

7. CapTel Service (B.22): CapTel was added during the existing contract and is currently being provided at a rate of up to 100 captioning phones per month. This service uses captioning telephones and a special operator using a computer that has voice recognition software programmed to the operator’s voice which converts the operator’s voice into a captioned message to the CapTel user. The CapTel user can then read the message on the telephone screen and also listen to the person’s voice at the other end. The service is for those persons that have limited hearing, but have difficulty in distinguishing words. The company that developed the technology does not have an exclusive contract with any company; therefore, any bidding company has the ability to contract for the service. This item is assigned 100 evaluation points and is 5% of the price evaluation formula.

8. TurboCode™ (B.23): TurboCode is a technology that allows a person using a Telecommunications Device for the Deaf (TDD) machine the ability to interrupt the Communications Assistant (CA). This interrupt capability allows for faster communications for the TDD user. This item is assigned 100 evaluation points.

9. Speech to Speech Service (B.24): This service allows persons that do not have hearing impairments, but do have speech disabilities to use their own voice, or voice synthesizer, to communicate with a CA that is specially trained to understand difficult speech patterns. The CA then relays the message to the other person on the call. The FCC requires access to Speech to Speech services as part of the state certification requirements. This item is assigned 100 evaluation points.

10. Access to 900/976 (B.25): The FCC requires access to 900/976 numbers as part of the state certification requirements. This item is assigned 100 evaluation points.

11. Caller ID (B.26): This feature requires the provider to transmit at least one of the following: The number of the TRS facility, 711, or the 10-digit number of the calling party. This requirement was added by the FCC as a minimum standard. This item is assigned 100 evaluation points.

12. Emergency Calls - 911 Call Routing (B.29): The FCC redefined how a 911 call should be routed. The previous RFP only required the provider to develop and follow a policy for handling emergency calls. Now the requirement is to route the calls to a Public Safety Answering Point (PSAP) capable of handling the emergency or to the PSAP that the caller would otherwise reach if calling 911 directly. This item is assigned 100 evaluation points.

13. Answer Time (B.31): Answer time was changed by the FCC to 85% of all calls must be answered within 10 seconds measured daily. The previous requirement was 90% within 10 seconds measured monthly. This item is assigned 200 evaluation points.

14. Consumer Complaint Log to the FCC (B.40): The FCC requires each state to submit a log of consumer complaints by July 1 of every year. Staff also added the requirement that the provider must respond to the contract manager within 15 days of an inquiry for consumer complaints. This item is assigned 200 evaluation points.

15. Account Manager (B.54): At the request of the Advisory Committee, staff added an Account Manager as an optional service that the Commission may use its discretion of whether to include it in the contract. This item is not assigned evaluation points.

16. State Recertification Requirement (B59.l) The FCC requires each state program to file for certification pursuant to 47 C.F.R. § 64.605. The provider is required to provide the appropriate documentation necessary to file with the FCC for the state’s recertification.

17. Transfer of Customer Profiles to New Provider (B.61): The FCC requires that each outgoing provider provide the customer profiles to the incoming provider at least 60 days prior to the outgoing provider’s last day of service. This item is a pass/fail evaluation value.

Accordingly, staff recommends that the Commission issue the attached Request for Proposal.

Issue 2: Should this docket be closed?

Recommendation: No.

Staff Analysis: Rather than a FPSC order being issued on this contractual matter, the RFP will be issued pursuant to Section 120.53(5), Florida Statutes. This docket should remain open throughout the life of the contract with the provider selected to begin providing service on June 1, 2005.

Building, 4075 Esplanade Way, Tallahassee, Florida. The FPSC will transcribe the proceedings of the bidders’ conference. An overview of the RFP will be presented.

Written questions submitted in compliance with Paragraph A.8. above will be addressed. In addition, the PRC will make every attempt to respond to questions from the floor; however, depending on the question asked, a complete response may have to be deferred until after the conference.

12. Modifications, Withdrawals, and Late Proposals

Proposals may only be modified or withdrawn by the bidder up to the established filing date and time. It is the responsibility of the bidder to ensure that the proposal is received by the Division of the Commission Clerk and Administrative Services on or before the proposal due date and time. Both the technical and price proposals must be filed by November 18, 2004, at 3:00pm eastern time. Late proposals will not be accepted.

13. Bidding Costs

Neither the FPSC, nor the FRS system, is liable for any costs incurred by a bidder in conjunction with development of its bid.

14. Rejection of Proposals, Correction of Errors

The PRC Chairman and the FPSC reserve the right to reject any or all proposals. The PRC Chairman and the FPSC also reserve the right to accept proposals despite minor irregularities and to allow a bidder to correct such minor irregularities.

15. Public Availability of Proposals, News Releases and Public Announcements

The Technical and Price proposals will each be made available to the general public within (10) days after each is opened. The price proposals will not be opened until after the technical proposals have been evaluated. The FPSC may issue press releases or public announcements concerning filed proposals or the bid process.

16. Protests

Failure to file a protest of either the RFP or the letter of intent within the time prescribed in subsection 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

17. Letter of Intent/Notification to Bidders

Upon selection of a potential provider by the Commission, the Commission will issue a letter of intent to the potential provider. The letter of intent is the point of entry to protest the

award pursuant to Section 120.57(3), Florida Statutes. A contract shall be completed and signed by all parties concerned within (30) days of mailing the letter of intent. If this date is not met, through no fault of the FPSC, the FPSC may elect to cancel the letter of intent and make the award to another bidder.

All bidders will receive a copy of the letter of intent by certified mail, return receipt requested.

18. Award of Contract

The FPSC shall award the contract to the bidder whose proposal is the most advantageous to the state, taking into account the following considerations in Section 427.704(3)(a), Florida Statutes.

a. The appropriateness and accessibility of the proposed telecommunications relay service for the citizens of the state, including persons who are hearing impaired or speech impaired.

b. The overall quality of the proposed telecommunications relay system.

c. The charges for the proposed telecommunications relay service system.

d. The ability and qualifications of the bidder to provide the proposed telecommunications relay service system as outlined in the RFP.

e. Any proposed service enhancements and technological enhancements which improve service without significantly increasing cost.

f. Any proposed provision of assistance to deaf persons with special needs to access the basic telecommunications system.

g. The ability to meet the proposed commencement date for the FRS.

h. All other factors listed in the RFP.

19. Award Without Discussion

The FPSC reserves the right to make an award without discussion of proposals with the bidder. Therefore, it is important that each technical and price proposal be submitted in the most complete, understandable, and accurate manner possible.

20. Oral Interviews/Site Visits/ Written Data Request

Bidders may be asked to participate in oral interviews, respond to a written data request, make their facilities available for a site inspection by the PRC or make their financial records available for a FPSC audit. Such interviews, site visits, and/or audits will be at the bidder’s expense except that the PRC will pay for his own expenses (transportation, meals, housing, etc.). Bidders should come to oral interviews prepared to answer the PRC’s questions and the bidder’s primary contact person (person signing the letter of transmittal accompanying the RFP or his designee) shall be present at all meetings with the PRC or FPSC.

21. Contract Document

The successful bidder will be required to sign a contract which will include the following elements.

a. The RFP.

b. The bidder’s Proposal in response to the RFP.

c. A document identifying any modifications or clarifications to the proposal and identifying optional items contained in the proposal and desired by the FPSC to be included in the FRS.

All of the above items together will constitute a complete initial contract that will be approved by the FPSC’s Executive Director on behalf of the FPSC.

22. Limited Liability

To the extent provided for in Section 427.707, Florida Statutes, the FPSC, its Advisory Committee, and the PRC assume no liability with respect to the RFP, proposals, or any matters related thereto unless there is malicious purpose or wanton and willful disregard of human rights, safety, or property in the establishment, participation in or operation of the telecommunications relay service. To the fullest extent permitted by law, all prospective service providers and their assigns or successors by their participation in the RFP process, shall indemnify, save and hold the FPSC and its employees and agents, including the Advisory Committee and PRC, free and harmless from all suits, causes of action, debts, rights, judgements, claims, demands, accounts, damages, costs, losses, and expenses of whatsoever kind in law or equity, known and unknown, foreseen and unforeseen, arising from or out of the RFP and/or any subsequent acts related thereto, including, but not limited to, the recommendation of a bidder to the FPSC and any action brought by an unsuccessful bidder.

23. Disclaimer

All information contained in the RFP, including any amendments and supplements thereto, reflects the best and most accurate information available to the FPSC at the time of the RFP preparation. No inaccuracies in such information shall constitute a basis for change of the payments to the provider nor a basis for legal recovery of damages, either actual, consequential, or punitive.

24. Cancellation/Availability of Funds

The FPSC shall have the right to unilaterally cancel, terminate, or suspend any ensuing contract, in whole or in part, by giving the provider 60 calendar days written notice by certified mail. If a breach of the contract by the provider occurs, the FPSC may, by written notice to the provider, terminate the contract upon 24 hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The provisions herein do not limit the FPSC’s right to remedies at law or to damages.

25. Public Bidder Meetings and Proprietary/Confidential Information

Written requests for confidentiality shall be considered by the FPSC as described in Chapter 364.183, Florida Statutes. Rule 25-22.006, Florida Administrative Code, should be followed in making a request.

Meetings held between the FPSC or PRC and the bidder shall be open to the general public. Should the need arise to discuss any confidential materials, the FPSC or PRC will attempt to hold such a discussion by referring to the confidential material in a general way without closing the meeting. All meetings with bidders will be transcribed.

All material submitted regarding this RFP becomes the property of the FPSC and subject to Chapter 119, Florida Statutes, (Public Records Law). The PRC reserves the right to use any or all information/material presented in reply to the RFP, subject to any confidentiality granted via Chapter 364, Florida Statutes. Disqualification of a bidder does not eliminate this right.

26. Non-Collusion

By submitting a proposal, the bidder affirms that the proposed bid prices have been arrived at independently without collusion, consultation, or communications with any other bidder or competitor, that the said bid prices were not disclosed by the bidder prior to filing with the FPSC, and that no attempt was made by the bidder to induce any other person, partnership or corporation, to submit or not submit a proposal.

27. Changes in the Contract

Any change in the contract shall be accomplished by a formal written contract amendment signed by the authorized representatives of both the FPSC and the provider. No other document or oral communications shall be construed as an amendment to the contract.

28. Conflict of Interest

The award hereunder is subject to the provisions of Chapter 112, Florida Statutes, (Public Officers and Employees). All bidders shall disclose with their bid the name of any officer, director, or agent, who is also an employee of the state of Florida, or any of its agencies. Further, all bidders shall disclose the name of any state employee who owns, directly or indirectly, an interest of five percent or more in the bidder’s firm or any of its branches.

29. Minority Business

It is the policy of the Commission to encourage participation by minority business companies (as defined in Section 287.012, Florida Statues) in Commission contracts. If two identical bids/proposals to an invitation for bids or request for proposals are received and one response is from a minority owned company, the Commission shall enter into a contract with the minority owned company. If applicable, the bidder should include in its proposal evidence that it qualifies for the definition of a minority business.

B. THE SERVICE TO BE PROVIDED

1. Overview

This section of the RFP lists and describes the specific basic features of the relay service required to be provided. At the end of this section, the FPSC also requests the bidder to comment on (and in its price proposal, propose a price separate from the price for basic service for) the provision of optional services which are not required to be provided. The optional services offered will not be evaluated until after a bidder is selected; at that time, the FPSC may choose to purchase some, or all, of those services in addition to the basic services.

2. Commencement Date

The commencement date for the service is June 1, 2005. Bidders shall provide a work schedule showing how they can meet that deadline and shall provide a statement that they can provide the complete service by that date.

3. Term of Contract

Service shall begin on June 1, 2005. The term of the contract will be an initial three year period. Upon mutual agreement between the FPSC and the provider, the contract may allow for the term to be extended for up to four additional one year periods. The provider shall notify the Florida Public Service Commission of its desire to extend service by June 1 the year before the current service period expires. For example, if the contract service period is due to expire on May 31, 2008, the provider should notify the FPSC by June 1, 2007 that it desires a one year extension of service.

The provider shall be required to locate a relay center in the state of Florida.

4. Scope of Service

The relay service shall be designed to provide the means by which a hearing, speech, or dual sensory impaired person using a TTY can communicate over the existing telecommunications network with a non-TTY user (and vice-versa) through the use of the relay system. The service shall also provide other telecommunications services to persons with hearing and speech disabilities as further described below.

The FPSC is interested in providing a relay service that is as cost efficient as possible while at the same time providing a service as equivalent to standard telecommunications service as possible.

5. Access Numbers

There shall be a single access number for TDD users, a single access number for voice users, a single access number for ASCII users, and a single access number for Spanish users. The TDD access number shall be 800/955-8771, the voice access number shall be 800/955-8770, and the ASCII access number shall be 800/955-1339. The Spanish access number shall be 877/955-8773. The provider must request FPSC authority to use additional numbers for relay access (e.g. STS, other foreign languages, etc.). If a caller calls the wrong access number, the system shall process the call without requiring the caller to redial.

Access shall also be provided via “711” which shall point to the 800/955-8770 number.

6. Availability of the System to Users

The service shall be designed to relay local, intrastate, interstate, and international calls that originate or terminate in Florida. Relay service shall be available 24 hours per day every day of the year.

No restrictions shall be placed on the length or number of calls placed by customers through the relay center.

7. Minimum CA Qualifications/Testing

The provider shall adequately supervise and train its employees to always be courteous, considerate, and efficient in their contact and dealings with its customers and the public in general, and shall conduct periodic evaluations to ensure that courteous service is being rendered.

Bidders shall specify how they plan to demonstrate that CAs meet all necessary proficiency requirements. CAs shall be able to quickly and accurately type TDD relay messages. The provider shall use valid, unbiased tests for CAs on subjects including, but not limited to:

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

b. A high school diploma or grade equivalent diploma. In addition, each candidate shall pass a high school level English comprehension and grammar test before being considered for employment.

c. A minimum typing speed of 60 words per minute on live relay calls. Technological aids may be used to reach the required typing speed. A minimum of 150 test calls per month using prepared scripts that reflect a typical conversation and calling through the relay system the same as other live calls

shall be completed by the provider to ensure compliance with this requirement. A copy of the test results shall be provided monthly to the FPSC contract manager. The method to be used to determine the typing speed is as follows. Start timing the CA when the CA begins to type the message to the TTY user. Count the number of characters including spaces and divide that number by five to determine the number of words per minute. It shall be the objective of the provider to test each CA at least once yearly. If a CA does not meet the 60 wpm requirement, the CA shall be taken off of live relay calls until further training and compliance can be accomplished.

d. Ethics, e.g., how a CA deals with situations he may encounter.

e. Confidentiality.

Any person who has not passed these tests shall not be utilized as a CA.

8. CA Training

Each bidder shall demonstrate in its proposal how ongoing CA training will be provided by including with its proposal an outline of a proposed CA training plan. The provisions for CA training shall include, but not be limited to, an understanding of limited written English and ASL, deaf culture, needs of hearing and speech disabled and dual sensory impaired users, ability to speak in a tone of voice consistent with the intent and mood of the conversation, operation of relay telecommunications equipment, how to handle hearing and Voice Carry-Over, ethics, confidentiality and other requirements of the Provider’s operating policies and procedures. Training shall include both simulated and live on-line call handling.

9. Staff Training

All relay center staff, including management, shall receive training in ASL, deaf culture, needs of hearing, speech and dual sensory impaired users, and ethics and confidentiality. Each proposal should include an outline of a staff training plan indicating training topics and time frames as well as explaining how individuals or organizations (such as deaf service centers, state agencies, Florida Telecommunications Relay, Inc., universities, etc.) representing the hearing and speech impaired community would be used to assist with the training.

10. Counseling of CAs and Staff

Bidders are required to outline a program for counseling and support that will help CAs and staff deal with the emotional aspects of relaying calls. Those providing this staff support shall have training in dealing with the emotional aspects of handling relay calls. However, in counseling sessions, the CA shall not give to the support person the names of callers involved. The counseling support system shall follow the confidentiality provisions of this RFP.

11. Procedures for Relaying Communications

The system shall be designed to convey the full content of the communications. Unless requested otherwise by a user, the CA shall relay all calls according to the following procedures.

a. The CA is to be identified by a number (not name) followed by “M” if male and “F” if female. The provider shall establish a method which will allow identification of the CA in the event a complaint is filed or a user wants to praise the work of the CA.

b. The user shall be kept informed on the status of the call, such as dialing, ringing, busy, disconnected, or on hold throughout the call session. The system shall provide feedback to callers on the call status within 10 seconds after a caller has provided the number to call and continue to provide feedback until the call is answered.

c. All users shall have the option of telling the CA how to greet the called party and what aspects of the call that he/she will handle. For example, the TDD user may voice the call (voice Carry-Over), rather than have the CA do it or the caller may ask that relay be explained as soon as someone answers the call.

d. When the call is first answered, and at all times during the conversation, the system shall type to the TDD user or verbalize to the non-TDD user verbatim what is said or typed unless the relay user specifically requests summarization. If the CA summarizes the conversation, the CA shall inform both parties that the call is being summarized.

e. When the CA is asked to explain relay to a user, the CA shall express the term “explaining relay” to the other user on the call to let them know what is happening rather than transmitting all of the explanation. The CA shall not inform the telephone user that the TDD user is hearing or speech disabled unless the TDD user asks the CA to do so.

f. When speaking for the TDD user, the CA shall adopt a conversational tone of voice appropriate to the type of call being made and conveying the intent and mood of the message. The CA shall also indicate identifiable emotions by typing those in parentheses, (e.g., he’s laughing, he’s crying). Any identifiable background noises shall be relayed to the TDD user in parentheses. The CA shall identify to the TDD user, if identifiable, the gender of voice users when they first come on the line. All of the above should be done automatically unless the user asks that it not be done.

g. CAs shall indicate to the user, if known, if another person comes on the line.

h. All comments directed to either party by the CA or to the CA by either party shall be relayed. These comments shall be typed in parentheses. However, comments between the CA and a relay user at the beginning of a call which deal with billing information need not be relayed to the other user.

i. CAs shall verify spelling of unfamiliar proper nouns, numbers, addresses, information about drug prescriptions and other unfamiliar words that are spoken and are to be relayed.

j. CAs shall stay on the line for a minimum of ten (10) minutes before allowing a change in CAs. For STS calls, the CA must stay on the line a minimum of fifteen (15) minutes. If a user requests that the same CA be used during the entire conversation, the system shall comply whenever possible until both parties have terminated the call.

k. CAs shall not counsel, offer advice, or interject personal opinions or additional information into any relay call. This also means the CAs shall not make any value judgements on the profanity or obscenity or legality of any messages. Furthermore, the CAs shall not hold personal conversations with anyone calling the system.

l. Users shall not be required to give their names or the name of the party they are calling, unless needed for billing.

m. The system shall transmit conversations between TTY and voice callers in real time.

n. For each incoming call, the CA shall without delay make as many outgoing calls as requested by the caller.

o. If a user requests that a CA of a specific gender be used, the provider shall make best efforts to accommodate the request when a call is initiated and at the time the call is transferred to another CA.

12. Languages Served

At all times, the provider shall make available CAs with the capability to provide relay service to users who use either English, Spanish, or ASL (American Sign Language) on their relay call. Translation from one language to another is not required.

13. Additional Languages Served

The provider will not be required to serve languages other than English, Spanish, or ASL. However, additional evaluation points may be given for proposals that include how the provider would handle relay calls using one or more additional languages (e.g. French, or Creole, etc.).

14. Shift Advisor/Consultant

On each shift the provider shall employ in the relay center at least one person who is highly knowledgeable of ASL in order to serve as an advisor/consultant to assist CAs in understanding the intent of messages and properly communicating the full content of communication.

15. Confidentiality of Calls

As required by Section 427.704(1)(c), Florida Statutes, all calls shall be totally confidential; no written or electronic script shall be kept beyond the duration of the call. CAs and supervisory personnel shall not reveal information about the content of any call and, except for the minimum necessary for billing, complaint processing, statistical reporting or training purposes as further described in this RFP, shall not reveal any information about a call. CAs and supervisory personnel shall be required to sign a pledge of confidentiality promising not to disclose the identity of any callers (except for the reasons discussed in this section) or any information learned during the course of relaying calls, either during the period of employment as a CA or after termination of employment.

a. When training new CAs by the method of sharing past experience, trainers shall not reveal any of the following information:

1) Names of the parities on the call.

2) Originating or terminating points of specific calls.

3) Specifics of the information conveyed.

b. CAs shall not discuss, even among themselves or their supervisors, any names or specifics of any relay call, except as necessary in instances of resolving complaints, bill processing, emergencies, or for training purposes. CAs may discuss a general situation with which they need assistance in order to clarify how to process a particular type of relay call. CAs should be trained to ask questions about procedures without revealing names or specific information that will identify the caller.

c. Watching or listening to actual calls by anyone other than the CA is prohibited except for training or monitoring purposes or other purposes specifically authorized by the Commission. FPSC staff shall be permitted to observe live calls

for monitoring purposes, but shall also comply with the confidentiality provisions above.

d. A copy of the Confidentiality Policy shall be provided to a user upon request and at no cost.

16. Types of Calls to be Provided:

a. Text-to-voice/voice-to-text. The provider shall transmit conversations between TTY and voice callers in real time.

b. Voice carry-over (VCO), two-line VCO, VCO-to-TTY, and VCO-to-VCO.

c. Hearing carry-over (HCO), two-line HCO, HCO-to-TTY, HCO-to-HCO and CapTel service or its equivalent service.

17. Call Release Functionality.

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

The provider shall also immediately release a call when a TTY user using the relay system is inactive for more than 30 seconds.

18. Speed dialing.

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

19. Three-Way Calling Functionality.

A feature that allows more than two parties to be on the telephone line at the same time with the CA.

20. Voicemail and Interactive Menus

CAs must alert the TRS user of the presence of a recorded message and interactive menus through a hot key on the CA’s terminal. The hot key will send text from the CA to the consumer’s TTY indicating that a recording or interactive menu has been encountered. Relay providers shall electronically capture recorded messages and retain them for the length of the

call. The provider may not impose any charges for additional calls, which must be made by the relay user in order to complete calls involving recorded or interactive messages.

The bidder shall explain how messages will be left on or retrieved from answering machines and how interaction with voice response units will be accomplished. The bidder should explain how any access code used to retrieve messages will be confidentially handled.

The bidder should explain if and how messages will be retrieved from an answering machine if the originating party calling the relay center is at the same location as the answering machine. For example, if a person is at home and cannot retrieve his messages from his own answering machine, how will the relay center accomplish retrieving the message and relaying the information to the hearing impaired person when only one telephone line exists to the residence?

21. Voice and Hearing Carry-Over

The provider shall provide both voice and hearing Carry-Over upon request of the user. A TDD user may request voice Carry-Over (VCO) which will allow him/her to speak directly to the telephone user and receive the message typed back on the TDD. In addition, a TDD user may request hearing Carry-Over (HCO) which will enable the TDD user to directly hear what the telephone user is saying and type back his/her message, which will be spoken by the operator.

As part of its proposal the bidder should describe in detail how incoming 2-line VCO calls will be handled. As part of its proposal the bidder should also describe in detail how outgoing 2-line VCO calls will be handled.

The provider shall make provision for two persons who are hearing disabled to speak for themselves by means of Voice Carry-Over to Voice Carry-Over (VCO to VCO) and for two persons who are speech disabled to hear for themselves by means of Hearing Carry-Over to Hearing Carry-Over (HCO to HCO).

22. CapTel or Equivalent Voice Carry-Over

The provider shall provide as part of its proposal a description of how CapTel or its equivalent service will be provided, including 2-line captioned service. If an equivalent service is provided, it must be compatible with the existing CapTel telephones currently in use by end users. The provider shall price the CapTel service separately from other relay services in its price proposal.

23. Turbocode™

The provider shall provide Turbocode™, or its functionally equivalent, service that allows the relay user to interrupt the CA or other TDD user as part of the basic relay system.

Pricing for this service shall be included in the basic relay price in the bidder’s price proposal.

24. Speech to Speech

The provider must offer Speech to Speech (STS) users the option to maintain at the relay center a list of names and telephone numbers which the STS user calls. When the STS user requests one of these names, the CA shall just repeat the name and state the telephone number to the STS user. This information must be transferred to any new STS provider.

Pricing for STS service shall be included in the basic relay service price in the bidder’s price proposal.

25. Access to Pay Per Call Services ( i.e. 900/976)

The provider shall provide access to pay per call services such as 900/976 numbers.

The bidder should explain how it will provide relay service users with access to pay per call services. Bidders are to describe how such access can be provided, how callers can disconnect without being charged and a methodology for billing the user directly for any charges incurred from the pay per call service. The bidder should describe how it would deal with denied pay per call calls and high bill complaints for 900/976 calls. Before placing the call, the CA shall advise the caller that there will be a charge for the call.

The bidder shall explain in the proposal how interstate and intrastate pay per call charges shall be separated for end user payment purposes.

26. Caller ID

When a TRS facility is able to transmit any calling party identifying information to the public network, the provider must pass through, to the called party, at least one of the following: The number of the TRS facility, 711, or the 10-digit number of the calling party.

27. Last Number Redial

This would allow the caller to have the system dial the last number called via relay without the caller having to give the number to the CA.

28. Obscenity Directed at the Operator

CAs do not have to tolerate obscenity directed at them. A proposal should specify how the provider will handle these situations.

29. Emergency Calls

The Provider must use a system for incoming emergency calls that, at a minimum, automatically and immediately transfers the caller to an appropriate Public Safety Answering Point (PSAP). An appropriate PSAP is either a PSAP that the caller would have reached if he had dialed 911 directly, or a PSAP that is capable of enabling the dispatch of emergency services to the caller in an expeditious manner. In addition, a CA must pass along the caller’s telephone number to the PSAP when a caller disconnects before being connected to emergency services.

30. Blockage

The provider is responsible for ensuring that 99% of all calls reaching the relay center per day are either answered or continue to receive a ringing signal. Calls that are blocked must receive a network blockage signal of 120 interruptions per minute.

31. Answer Time

The provider is responsible for answering, except during network failure, 85% of all calls daily within 10 seconds by any method which results in the caller’s call immediately being placed, not put in a queue or on hold, of reaching the relay switch. Elapsed time is calculated from the time inbound calls reach the relay switch. In calculating the percentage of calls meeting the answer time standard, the numerator shall be the total number of calls per day that are answered (with a CA ready to serve) in 10 seconds or less. The denominator shall be the total number of calls per day reaching the relay switch except that the total shall not include calls abandoned within 10 seconds after reaching the relay switch. However, calls abandoned after 10 seconds shall be included in the denominator. (Exception: If the provider is unable to differentiate between calls abandoned within 10 seconds and those abandoned after 10 seconds of reaching the relay switch, then all abandoned calls shall be included in the denominator.)

Answer time shall be not be reported as an average speed of answer or by using a weighted service level.

32. Equipment Compatibility

It is necessary for the system to be capable of receiving and transmitting in both Baudot and ASCII codes as well as voice. It is also required that the relay system be capable of automatically identifying incoming TDD signals as either Baudot or ASCII. All equipment shall be compatible with the basic protocol of TDDs distributed in Florida through the Administrator.

33. Transmission Levels

Transmission levels must be maintained within industry standards as outlined in the American National Standards Institute – Network Performance – Switched Exchange Access Network Transmission specifications (ANSI T1.506-1997). The provider must provide updates

to those standards as amended by ANSI during the term of the contract and must meet the amended standards.

34. Measuring Equipment Accuracy

Every meter, recording and ticketing device used to capture call details for billing subscribers or the FPSC/Administrator as well as for providing traffic information shall be tested prior to its installation and shall be accurate 97 percent of the time to within a 1 second grace period. All equipment shall be maintained in a good state of repair consistent with safety and adequate service performance. Quarterly testing of the measuring equipment accuracy shall be performed by the provider.

35. Emergency Operations and Uninterruptible Power

In addition to a minimum of thirty (30) minutes battery capacity sufficient to operate each relay center processing Florida relay traffic at busy season busy hour load, each relay center shall have installed emergency power generating equipment capable of maintaining the relay centers’ operations. The uninterruptible power system shall support the switch system and its peripherals, switch room environmental (air conditioning, fire suppression system, emergency lights and system alarms), operator consoles/terminals, operator worksite emergency lights, and Call Detail Record recording. Provisions shall be made to meet emergencies resulting from failure of power service, sudden and prolonged increases in traffic, storms, lightning, etc. Employees shall be instructed as to the procedures to be followed in the event of emergency in order to prevent or mitigate interruption or impairment of relay service.

The bidder shall describe its plan for dealing with all types of natural and man-made problems (e.g., hurricanes, lightning strikes, fires, etc.) which either isolate the relay center and prevent calls from reaching the center or cause the center to be unable to operate. In addition, the plan should detail the steps which will be taken to deal with the problem and restore relay service.

The provider shall inform the contract manager of any major interruptions to the operation of the relay center extending beyond five minutes duration. The contract manager shall also be informed when it becomes known to the relay center that any portion of the state is isolated for more than five minutes from the relay center. The provider shall also provide a written (or e-mail) report to the contract manager after restoration of service.

Although it is not mandatory, the FPSC urges the provider to subscribe qualifying facilities for priority restoration under the Telecommunications Service Priority Program.

36. Intercept Messages

Appropriate intercept messages shall be provided if a system failure occurs.

37. Service Expansion

The bidder shall show the capability of expanding services in response to increasing demand. The bidder shall develop and illustrate in its proposal a detailed plan of how this expansion will be accomplished. The plan shall include, but not be limited to, trunking capacity, CA workstations, personnel staffing, and equipment capacity. The plan shall also indicate how any time lag shall be avoided to meet any increased call volume. The above plans shall allow the provider to be able to maintain all standards listed in the RFP.

38. New Technology

The users should be allowed to benefit from advancing technology. The bidder should describe the methodology and process it will use to keep abreast of technological changes in the provision of relay service, to inform the FPSC and Administrator that new enhancements are available and at what price, and to provide the FPSC the opportunity to purchase such enhancements or upgrades to the service.

39. Consumer Input and Participation in Advisory Committee and FPSC Proceedings

The telephone users shall have input on the quality of the delivery of service. Bidders shall develop a plan to include the Commission and its Advisory Committee in any evaluation of the system. A bidder shall not include travel or per diem costs of the FPSC or its Advisory Committee in its bid price since those costs will be funded by the State. An outline of this plan shall be included with the bidder’s proposal. The plan should explain methods for consumer input and how the recommendations from these evaluations will be incorporated into the policies of the relay center. This does not preclude the provider from conducting additional internal evaluations which use relay staff. The results of any service quality evaluation shall be reported to the FPSC office within 15 calendar days after the last month in each quarter.

Bidders are encouraged to include in the consumer input plan, methods for working with organizations serving hearing and speech impaired individuals statewide to conduct periodic community forums. The community forums shall be for the purpose of gaining user input on the quality of relay service and for responding to user questions and problems on use of the relay service. The community forums shall be for the purpose of gaining user input on the quality of relay service and for responding to user questions and problems on use of the relay service. The community forums shall be planned and conducted in conjunction with organizations serving people with hearing and speech impairments.

The provider shall participate in all meetings of the Advisory Committee and all FPSC workshops and hearings relating to relay service unless excused by the contract manager.

40. Complaint Resolution

The provider shall establish procedures regarding complaints, inquiries, and comments regarding system services and personnel. The provider shall ensure that any caller to the relay center having a complaint will be able to reach a supervisor or administrator while still online during a relay call. All complaints received by supervisors, or in writing, shall be documented, including their resolution, and kept on file and available to the Commission upon request. In addition, the relay center shall have a toll-free Customer Services telephone number available and accessible to the public statewide for the purpose of reporting service or other deficiencies. Records of such reports and copies of written reports regarding service or other deficiencies shall be maintained for the life of the contract and for twelve (12) months after conclusion of the contract period. This record shall include the name and/or address of the complainant, the date and time received, the CA identification number, the nature of the complaint, the result of any investigation, the disposition of the complaint and the date of such disposition. Each signed letter of complaint shall be acknowledged in writing or by contact by a representative of the provider. The necessary replies to inquiries propounded by the Commission’s staff concerning service or other complaints received by the Commission shall be furnished in writing within fifteen (15) days from the date of the Commission inquiry.

A complaint log compliant with the FCC reporting requirements shall be provided to the contract manager in a timely manner for filing with the FCC.

41. Charges for Incoming Calls

The provider shall make no charge to the users for making calls (incoming) to the relay service.

42. Billing Arrangements

The provider shall bill for charges for collect calls, person-to-person calls, calls to or from hotel rooms and pay telephones, and calls charged to a third party. The provider shall also arrange for billing to any industry standard local exchange or competitive local exchange company calling card. For calls billed by or on behalf of the provider, the bidder shall include a complete description of how users will be billed for all calls. This description shall include the bidder’s procedures for obtaining billing information from the local exchange and competitive local exchange companies, whether the billing will be performed directly by the provider itself or contracted, specific credit cards or telephone calling cards to which calls can be billed, and a sample bill format. The bidder shall also explain how it will respond to customer inquiries about erroneous bills and how credits will be issued or refunds made.

43. End User Billing for Intrastate Calls

Intrastate toll calls placed through the relay system and billed by or on behalf of the provider shall be billed to the voice or TDD caller at 50% of the provider’s rate for non-relay calls. An additional 10% discount (60% total discount) shall apply to calls to or from the dual-sensory impaired; the provider shall develop a system for identifying such users and applying the discount to their calls. Timing for timed intrastate call billing shall begin when the relay operator advises a party to proceed with the call and shall not include any initial time by the operator to explain how relay service works.

The bidder shall explain how its discount toll plan subscribers would be billed for relayed calls billed by or on behalf of the provider. For example, if a bidder offers a discount for over 5 hours of usage per month, the bidder should explain how a subscriber to that service would be billed for any relay calls made during the month.

The provider shall not charge the end user more for non-message toll relay calling than would be charged for the same call if billed by the end user’s local exchange or competitive local exchange company. The provider can accomplish this by obtaining necessary billing information about the end user’s local company in order to ensure that it does not bill in excess of those rates (e.g., extended area service calls, extended calling service calls, etc.).

In the alternative, the provider can collect necessary billing information and turn that billing information over to the end user’s local company so that the end user’s local company can bill for relay calls under the local company’s rates. If this alternative approach is taken, the provider shall submit the billing information to the local company in an industry standard format and the provider shall incur whatever costs are required to correctly format the billing information so that the local company can bill the calls.

Of the two approaches described above, the bidder should indicate how it will initially bill calls and the provider shall advise the contract manager whenever it changes billing methodologies.

44. Relaying Interstate and International Calls

The provider shall be required to relay interstate and international calls that originate or terminate in Florida. The provider shall not include in its bill for Florida relay service any charges or time associated with interstate or international calls.

If relayed interstate or international calls are to be billed by the provider to the end user at a rate higher than the rate for a non-relay call, the provider shall quote the rate to the party to be billed before beginning the call. The bidder should indicate how its rate for interstate and international calls will compare to the rate for non-relay calls and whether any discounts or additional charges will apply to interstate and international relay calls.

45. End User Selection of Carrier

The provider shall allow a caller to select an available interexchange company other than the provider for completion of toll calls and billing purposes. The provider must meet current and subsequent requirements of the Network Interconnection Interoperability forum for handling end user requests for a carrier other than the provider. The bidder should include a copy of the current standard along with its proposal and the provider shall provide to the FPSC any subsequent updates in the standard as soon as they are adopted.

46. Recipient of Toll Revenues

The relay provider or its underlying telecommunications provider shall be allowed to retain the toll revenues for all long distance calls billed by or on behalf of the relay provider or its underlying telecommunications provider.

47. Long Distance Call Billing

Operator handled calls shall be carefully supervised and disconnects made promptly. A check of the timing clock shall be made at least once each twenty-four (24) hours to ensure that the clocks are synchronized and that the time is correct. Clock deviations shall not be in excess of 12 seconds. Bidders shall specify the record system for identifying and documenting long distance and toll calls for billing purposes. The record shall contain, at a minimum, the following information:

a. Telephone number or credit card number to be billed (NPA-prefix-line number)

b. Originating and terminating telephone number (NPA-prefix-line number)

c. Originating and terminating exchange name

d. Date

e. Start time

f. Call duration to the full second (the time in between start time and end time)

Long distance calls billed to subscribers shall be listed chronologically and reflect the connect time of such calls based on the appropriate time zone. Bidders shall also fully describe the billing system and billing process that will be used, including identification of any subcontractors, specific duties of the subcontractors, and how the billing record detail will be transmitted to the billing agent (if any).

48. Special Needs

The provider is not required to provide Special Needs services. However, consideration will be given for additional evaluation points for proposals that include Special Need services (beyond any other services for basic relay described elsewhere in their RFP) as a part of the basic relay service.

Special Needs is defined as limiting factors of a physical or literacy nature that preclude a person who is hearing, speech or dual-sensory (both hearing and visually impaired) disabled from using basic relay service. Special Needs includes: (1) physical limitations, either temporary or permanent, which preclude use of a TDD with or without adaptations for persons with manual dexterity limitations (e.g., paralysis, severe arthritis, broken fingers) and (2) markedly limited ability either to read or write English or Spanish which precludes the user from being able to use the relay service. (It should be understood that relay service does not include translation from one language to another for the Special Needs population or for any other consumers.) Special Needs does not include (1) unavailability of telephone service at the caller’s home or business, (2) inability to communicate in either English or Spanish (i.e., where caller can only communicate in a language other than English or Spanish), or (3) handling complex calls (e.g., intervening in a call with a doctor to explain a medical procedure.)

The bidder shall describe what steps will be taken to provide telecommunications assistance to persons with hearing, speech and dual-sensory impairments who have special needs. This description shall include the types of services that would be provided, the prices to end users (if any) for those services, how those services would operationally be provided, how parties other than the provider would be involved in providing Special Needs services and how the provider would assure that those parties would fulfill their portion of the service obligation.

49. Unsolicited Features in Basic Relay Service

The provider will not be required to provide unsolicited features in its basic relay service. However, consideration will be given for additional evaluation points for proposals that include unsolicited features. The cost to the state for these unsolicited features must be included within the basic relay service price proposal.

Any additional features not described elsewhere in the RFP, and which the bidder is including in its basic relay service and price proposal, which a bidder would like to propose should be fully described indicating how the feature would work, how it would improve the system, which users would benefit from the feature and any other information which would allow the FPSC and PRC to evaluate the feature. Examples might include features such as: (a) video interpreting; use of speech synthesis equipment instead of a CA to convert text to speech; use of voice recognition equipment instead of a CA to convert speech to text; (b) enhanced transmission speed, etc.

50. FPSC Optional Services Not Included in Basic Relay Service But Available to Provide at Additional Cost

The services listed in paragraphs 51 through 55 are optional services and will not receive evaluation points for the purposes of determining which bidder will be selected to provide relay service. However, once a provider is selected, the FPSC will determine which of the services, if any, it may wish to add to the basic relay service and negotiate the conditions under which these optional services may be offered. If a bidder offers a service in this section and the FPSC chooses to purchase the service, the provider must provide the service.

For each item, the bidder should include the price per billable minute (or other basis) which it would charge for the purchase of the optional service over and above the price for basic relay service. The price per billable minute (or other basis) should be listed separately in the price proposal. The proposal should also indicate how each feature would work, how it would improve the system, which users would benefit from the feature, any direct charges that would be billed to the user, and any other information that would allow the FPSC to evaluate the feature.

51. Custom Calling Type Services

The provider will not be required to provide custom calling type services such as Call Trace unless required for certification by the FCC. Call Trace is a feature which would allow the caller to dial the relay center and have the CA provide the number of the last call made to the caller via relay.

The proposed charge to the Administrator for custom calling service should be separately stated in the price proposal.

The bidder shall explain how a user could receive custom calling functionalities in conjunction with a relayed call. The bidder shall also indicate what additional cost would apply to the relay user, if any. If no separate charge to the relay user is stated, it will be assumed there is no separate charge.

52. Video Relay Service

The provider is not required to provide video relay service unless required for certification by the FCC. The proposed charge for this service should be separately stated in the price proposal.

The bidder should explain how it will provide and bill relay service users for video relay service. If this service is provided, before completing the call, the CA shall advise the caller of any charge for the call.

53. IP-Relay

The provider is not required to provide IP-Relay service unless required for certification by the FCC. The proposed charge for this service should be separately stated in the price proposal.

54. Account Manager

The bidder should explain the responsibilities and functions that a full time account manager would provide to the relay service. No additional evaluation points will be awarded

based on a proposal to provide an account manager. The proposed charge for the account manager should be separately state in the price proposal.

55. Other Optional Features Not Included in Basic Relay

Any additional features not described elsewhere in the RFP which a bidder would like to propose should be fully described.

56. Performance Bond

The provider will be required to furnish an acceptable performance bond, certified or cashiers check, or bank money order equal to the estimated total first year price of the contract. The bond shall be in effect for the entire duration of the contract and provided to the FPSC upon execution of the contract.

To be acceptable to the FPSC as surety for performance bonds, a Surety Company shall comply with the following provisions:

a. The Surety Company shall be admitted to do business in the state of Florida.

b. The Surety Company shall have been in business and have a record of successful continuous operations for at least five (5) years.

c. The Surety Company shall have minimum Best’s Policy Holder Rating of A and Required Financial Rating of VIII from Best’s Key Rating Guide.

d. A Florida Licensed Resident agent who holds a current Power of Attorney from the Surety Company issuing the bond shall sign all bonds.

57. Submission of Monthly Invoice

By the 14^th calendar day of the month (or the subsequent business day if the 14^th falls on a Saturday, Sunday, or holiday), the provider shall submit a detailed invoice (showing billable minutes and rates) to the Administrator [defined in Section 427.703(1)] at the contracted price

for the previous month’s activity. The accounting period used to prepare monthly invoices shall be the calendar month. Payment shall not exceed the prices contained in the contract. The invoice and supporting documentation shall be prepared in such a way as to allow the Administrator or the FPSC to audit the invoice. A copy of the monthly invoice shall be submitted to the contract manager at the same time it is submitted to the Administrator.

58. Travel

The provider will not be entitled to a separate payment from the FPSC or the Administrator for any travel expenses which occurs as a result of this contract.

59. Reporting Requirements

The provider shall provide to the contract manager and the Administrator the following written reports by the 25^th calendar day of each month reporting data for the previous month. (More frequent or more detailed reports shall also be provided upon request.)

a. Total daily and monthly

1) Number of incoming calls (separately stating whether incoming calls originate as Baudot, ASCII or voice calls, and also separately stating whether each type of call is English, Spanish, or other foreign language calls.) The number of incoming calls which are general assistance calls shall be footnoted on the report.

2) Number of incoming call minutes associated with each of the categories of incoming calls in a.1 above.

3) Number of outgoing calls (provide two breakdowns of this total: one separately stating completed calls and incomplete calls, and one separately stating whether calls terminate as Baudot, ASCII or voice calls).

4) Number and percentage of incoming Florida calls received at each relay center handling Florida calls. Total should equal the number of incoming calls in item a.1 above.

b. Average daily and monthly blockage rate.

c. Daily answer times for the month and daily number and percent of incoming calls answered within 10 seconds for the month.

d. Total daily and monthly number of outgoing calls (including both completed and incomplete) of the following lengths:

1) 0 – 10 minutes

2) >10 – 20 minutes

3) >20 – 30 minutes

4) > 30 – 40 minutes

5) > 40 – 50 minutes

6) > 50 – 60 minutes

7) > 60+ minutes

e. On a daily basis for the month, number of outgoing calls and average length of calls by hour of day. (Total should equal total of a.3.)

f. Number of outgoing local, intraLATA toll, intrastate interLATA, interstate and international calls for the month. (Total should equal total of a.3.)

g. Number of outgoing calls and average length of completed outgoing calls originated by TDD users and voice users (identified separately). (Total number of calls should equal total of a.3.)

h. The provider shall provide monthly summary reports to the FPSC and the Administrator regarding the number of complaints received categorized by topic areas. The provider shall also provide a complaint summary to the FPSC in the format necessary to submit to the FCC in compliance with §64.604(c)(ii), Code of Federal Regulations by June 15 covering the previous 12 months of complaints ending May 31 of that year.

i. The provider shall report monthly to the FPSC and the Administrator the results of any user evaluations conducted.

j. The provider shall report monthly on new subcontractors being used to assist in providing relay service and shall identify the scope of their role in the process and the relationship of the subcontractor to the provider.

k. By March 1, the provider shall provide to the Administrator and the contract manager forecasted relay usage figures and costs to the Commission for the upcoming fiscal year (July 1 – June 30).

l. The provider shall report monthly on CapTel or its equivalent service listing the daily answer time, minutes of use for international, interstate, and intrastate; billable session minutes and service levels.

m. The provider shall submit the necessary documentation to the FPSC that complies with the state certification requirements of 47 C.F.R § 64.605 when required.

The provider shall include information on its capability and willingness to provide ad hoc reports including new information in the bidder’s database or new formats for existing information.

60. Liquidated Damages for Failure to Initiate Services on Time or to Provide Contracted Services for the Life of the Contract

Implementation of the Florida Relay Service in a timely matter is essential. Failure by the provider to implement the service by June 1, 2005 shall be considered a significant and material breach of the provider’s commitment. For every day the service is delayed, the provider shall pay to the Administrator, for deposit in its operating fund, the sum of $25,000 per day.

Liquidated damages shall accrue in amounts up to the following amounts per day of violation.

a. For failure to meet answer time requirements - $25,000.

b. For failure to meet, blockage rate or transmission level requirement - $5,000

c. For failure to meet complaint resolution requirement - $1,000

d. For failure to provide timely reports - $500

e. For failure to provide contracted services for the life of the contract, the FPSC reserves the right to require the payment by the provider of liquidated damages in the amount commensurate with the duration and extent of the system deficiencies.

Any liquidated damages may be paid by means of the Administrator deducting the amount of the liquidated damage from a monthly payment to the provider. Such action shall only occur upon order of the FPSC.

61. Transfer to New Provider

When relay service is transferred to a new provider, the provider shall make every effort to ensure that service is transferred to the new provider so that relay users do not experience an interruption in service. The relay service and consumer service 800 or other telephone numbers

shall be made available to the new provider, with the new provider paying any costs associated with transferring the numbers to the new provider. Provision of customer profile data to the

incoming provider shall be provided at least 60 days prior to the outgoing provider’s last day of service.

62. Insurance Coverage

The provider shall provide insurance coverage for itself and all of its employees used in connection with performance of services under this Agreement and ensure that all subcontractors shall be similarly covered. Such policies shall be issued by a financially sound carrier and/or

carriers. Such insurance coverage shall hold the FPSC harmless from all claims of bodily injury, including death, and property damage, including loss of use, by provider, its employees, agents or subcontractors and their employees. This insurance will include Worker’s Compensation as required by law and comprehensive general liability and bodily injury insurance in amounts that are commercially reasonable under the given circumstances.

FILING CHECK LIST

Check List Item No.	Initials of Bidder’s Contact Person	Brief Title	Page No. of Bidder’s Proposal	Pass/Fail Or Maximum Points
▬▬▬	▬▬▬▬	▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬	▬▬▬▬▬	▬▬▬▬

1.	________	Format (RFP ref. Section C-1 and D)	N/A	N/A
2.	________	Transmittal Letter, Address, contact Person, Tel. and Fax No., Legal Name of Bidder, and Statement of Compliance with or lack of Compliance with RFP requirements (RFP ref. C-2)	__________	P/F
3.	________	Check List (RFP ref. C-8 and E)	__________	P/F
4.	________	Certification by FPSC and FCC (RFP ref. A-5)	__________	P/F
5.	________	Conflict of Interest (RFP ref. A-28)	__________	P/F
6.	________	Commencement Date (RFP ref. B-2)	__________	P/F
7.	________	Term of Contract and Location of Relay Center (RFP ref. B-3)	__________	P/F
8.	________	Scope of Service (RFP ref. B-4)	__________	P/F
9.	________	Access Numbers (RFP ref. B-5)	__________	P/F
10.	________	Availability of System to Users (RFP ref. B-6)	__________	P/F
11.	________	Minimum CA Qualifications and Testing (RFP ref. B-7)	__________	100
12.	________	CA Training (RFP ref. B-8	__________	100
13.	________	Staff Training (RFP ref. B-9)	__________	100
14.	________	Counseling (RFP ref. B-10)	__________	25
15.	________	Procedures for Relaying Communications (RFP ref. B-11)	__________	100
16.	________	Languages Served (RFP ref. B-12)	__________	P/F
17.	________	Additional Languages Served (RFP ref. B-13)	__________	25
18.	________	Shift Advisor/ Consultant (RFP ref. B-14)	__________	P/F
19.	________	Confidentiality of Calls (RFP ref. B-15)	__________	P/F
20.	________	Types of Calls to be Provided (RFP ref. B-16)	__________	P/F
21.	________	Call Release Functionality (RFP ref. B-17)	__________	50
22.	________	Speed Dialing (RFP ref. B-18)	__________	50
23.	________	Three-Way Calling Functionality (RFP ref. B-19)	__________	50
24.	________	Voice Mail and Interactive Menus (RFP ref. B-20)	__________	50
25.	________	Voice and Hearing Carry-Over (RFP ref. B-21)	__________	100
26.	________	CapTel or Equivalent Voice Carry-Over (RFP ref. B-22)	__________	100
27.	________	Turbocode™ (RFP ref. B-23)	__________	100
28.	________	Speech to Speech (RFP ref. B-24)	__________	100
29.	________	Access to Pay Per Call Services (RFP ref. B-25)	__________	100
30.	________	Caller ID (RFP ref. B-26)	__________	100
31.	________	Last Number Redial (RFP ref. B-27)	__________	25
32.	________	Obscenity Directed at the Operator (RFP ref. B-28)	__________	P/F
33.	________	Emergency Calls (RFP ref. B-29)	__________	100
34.	________	Blockage (RFP ref. B-30)	__________	200
35.	________	Answer Time (RFP ref. B-31)	__________	200
36.	________	Equipment Compatibility (RFP ref. B-32)	__________	P/F
37.	________	Transmission Levels (RFP ref. B-33)	__________	P/F
38.	________	Measuring Equipment Accuracy (RFP ref. B-34)	__________	P/F
39.	________	Emergency Operations and Uninterruptible Power (RFP ref. B-35)	__________	100
40.	________	Intercept Messages (RFP ref. B-36)	__________	P/F
41.	________	Service Expansion (RFP ref. B-37)	__________	50
42.	________	New Technology (RFP ref. B-38)	__________	50
43.	________	Consumer Input and Participation in Advisory Committee and FPSC Proceedings (RFP ref. B-39)	__________	100
44.	________	Complaint Resolution (RFP ref. B-40)	__________	200
45.	________	Charges for Incoming Calls (RFP ref. B-41)	__________	P/F
46.	________	Billing Arrangements (RFP ref. B-42)	__________	50
47.	________	End User Billing for Intrastate Calls (RFP ref. B-43)	__________	50
48.	________	Relaying Interstate and International Calls (RFP ref. B-44)	__________	50
49.	________	End User Selection of Carrier (RFP ref. B-45)	__________	50
50.	________	Recipient of toll revenues (RFP ref. B-46)	__________	P/F
51.	________	Long Distance Call Billing (RFP ref. B-47)	__________	50
52.	________	Special Needs (RFP ref. B-48)	__________	25
53.	________	Unsolicited Features in Basic Relay Service (RFP ref. B-49)	__________	200
54.	________	FPSC Optional Services Not Included in Basic Relay Service but Available to Provide at Additional Cost (RFP ref. B-50)	__________	Optional 0 Points
55.	________	Customer Calling Services (RFP ref. B-51)	__________	Optional 0 Points
56.	________	Video Relay (RFP ref. B-52)	__________	Optional 0 Points
57.	________	IP-Relay (RFP ref. B-53)	__________	Optional 0 Points
58.	________	Account Manager (RFP ref. B-54)	__________	Optional 0 Points
59.	________	Other Optional Features Not Included in Basic Relay (RFP ref. B-55)	__________	Optional 0 Points
60.	________	Performance Bond (RFP ref. B-56)	__________	P/F
61.	________	Submission of Monthly Invoice (RFP ref. B-57)	__________	P/F
62.	________	Travel (RFP ref. B-58)	__________	P/F
63.	________	Reporting Requirements (RFP ref. B-59)	__________	P/F
64.	________	Liquidated Damages (RFP ref. B-60)	__________	P/F
65.	________	Transfer to New Provider (RFP ref. B-61)	__________	P/F
66.	________	Insurance Coverage (RFP ref. B-62)	__________	P/F
67.	________	Public Entity Crimes (RFP ref. C-3)	__________	P/F
68.	________	Financial Information (RFP ref. C-4)	__________	P/F
69.	________	Experience and Customer References (RFP ref. C-5)	__________	200
70.	________	Subcontractors (RFP ref. C-6)	__________	P/F
71.	________	Bid Security Deposit (RFP ref. C-7)	__________	P/F
72.	________	PRICE PROPOSAL (RFP ref. Section D) Must be filed in a separate sealed envelope marked: “Sealed – To Be Opened Only By the FPSC Proposal Opening Officer.”	__________	See RFP Sec. D & E.
73.		MAXIMUM TOTAL POINTS	__________	2950

BILLABLE MINUTES (June, 2003 – August, 2004)

MONTHLY INVOICE TRS Minutes	TOTAL SESSION MINUTES	TOTAL SESSION MINUTES CapTel Service
June 2003	858,438
July 2003	877,507
August 2003	880,144
September 2003	847,985
October 2003	874,103
November 2003	815,359
December 2003	864,035
January 2004	841,703
February 2004	816,011
March 2004	873,806	12,180
April 2004	808,500	12,145
May 2004	785,894	22,534
June 2004	802,374	33,624
July 2004	801,003	39,474

Where maximum points equals	Poor	Fair	Good	Excellent
10	0-2.5	2.6-5.0	5.1-7.5	7.6-10
25	0-6.3	6.4-12.5	12.6-18.8	18.9-25
50	0-12.5	12.6-25	25.1-37.5	37.6-50
75	0-18.8	18.9-37.5	37.6-56.3	56.4-75
100	0-25	26-50	51-75	76-100
200	0-50	51-100	101-150	151-200

Recommendation: Yes. The Commission should issue the attached RFP.

Accordingly, staff recommends that the Commission issue the attached Request for Proposal.

Issue 2: Should this docket be closed?

Recommendation: No.

A. ADMINISTRATIVE REQUIREMENTS AND PROCEDURES

a. Abandoned Calls – Calls reaching the relay switch and terminated by the caller before a communications assistant answers regardless of the amount of time that has elapsed since the call reached the relay switch.

c. Advisory Committee – A group created by Section 427.706, F.S., and consisting of up to ten individuals named by the FPSC for the purposes described in Chapter 427, F.S.

d. Answer Time – The point in the progression of inbound calls at the relay center when the communications assistant is ready to serve.

mix of intrastate toll or local calls and interstate or international calls, the time associated with the interstate or international calls shall not be included in the billable time for that call session.

f. Blocked calls – Calls reaching the 800 number network that do not terminate by ringing a communications assistant position.

g. Communications Assistant (CA) – A person who relays conversation to and from users of a relay system.

h. Deaf – Having a permanent hearing impairment and being unable to discriminate speech sounds in verbal communication, with or without the assistance of amplification devices. [Section 427.703(3), F.S.]

i. Dual Sensory Impaired – Having both a permanent hearing impairment and a permanent visual impairment and includes deaf/blindness. [Section 427.703(4), F.S.]

j. FPSC - Florida Public Service Commission.

k. FRS – Florida Relay Service.

l. General Assistance Calls – Incoming calls to the CA that are not associated with an outgoing relay call. Such calls may provide information about using relay or other types of calls that are normally handled by customer service.

m. Hard of Hearing – Having a permanent hearing impairment which is severe enough to necessitate the use of amplification devices to discriminate speech sounds. [Section 427.703(5), F.S.]

n. Hearing Impaired or Hearing Disabled – Being deaf or hard of hearing and includes dual sensory impairment. [ Section 427.703(5), F.S.]

o. Hearing Carry-Over – (HCO) A feature that allows people who are speech disabled to use their hearing abilities to listen directly to their party. The CA voices the typed responses from the HCO user to the hearing person, who then speaks directly to the HCO user without CA interaction.

q. Minor Irregularity – A variation from the request for proposal terms and conditions which does not affect the price of the proposal, does not give the bidder a significant advantage or benefit not enjoyed by other bidders, and does not adversely impact the interests of the agency.

r. Outgoing Call – An outgoing call refers to the portion of the communications connection from the relay service center to the called party. An outgoing TDD call is a call to a TDD user. An outgoing telephone call is a call to a telephone user.

s. Provider – The entity with whom the FPSC contracts to provide Florida Relay Service.

t. PRC – Proposals Review Committee.

u. Speech Impaired or Speech Disabled – Having a permanent loss of verbal communications ability which prohibits normal usage of a standard telephone set. [Section 427.704(10, F.S.]

x. User – Includes either the calling or called party in a relay call.

y. Video Relay – Video relay interpreting allows the caller, utilizing video conferencing facilities, to use sign language to communicate with the CA who voices the call to the hearing person at the receiving end.

z. Voice Carry-Over – A feature that enables a user with a hearing disability to utilize his useable speech for direct expression of voice communications and to use the CA for conversion of the other user’s communications from voice to TDD.

a. Written correspondence to or from the PRC Chairman.

b. Oral discussions at the bidders conference or at an oral interview or site visit.

a. The appropriateness and accessibility of the proposed telecommunications relay service for the citizens of the state, including persons who are hearing impaired or speech impaired.

b. The overall quality of the proposed telecommunications relay system.

c. The charges for the proposed telecommunications relay service system.

d. The ability and qualifications of the bidder to provide the proposed telecommunications relay service system as outlined in the RFP.

e. Any proposed service enhancements and technological enhancements which improve service without significantly increasing cost.

f. Any proposed provision of assistance to deaf persons with special needs to access the basic telecommunications system.

g. The ability to meet the proposed commencement date for the FRS.

h. All other factors listed in the RFP.

a. The RFP.

b. The bidder’s Proposal in response to the RFP.

c. A document identifying any modifications or clarifications to the proposal and identifying optional items contained in the proposal and desired by the FPSC to be included in the FRS.

23. Disclaimer

27. Changes in the Contract

B. THE SERVICE TO BE PROVIDED

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

b. A high school diploma or grade equivalent diploma. In addition, each candidate shall pass a high school level English comprehension and grammar test before being considered for employment.

c. A minimum typing speed of 60 words per minute on live relay calls. Technological aids may be used to reach the required typing speed. A minimum of 150 test calls per month using prepared scripts that reflect a typical conversation and calling through the relay system the same as other live calls

d. Ethics, e.g., how a CA deals with situations he may encounter.

e. Confidentiality.

a. The CA is to be identified by a number (not name) followed by “M” if male and “F” if female. The provider shall establish a method which will allow identification of the CA in the event a complaint is filed or a user wants to praise the work of the CA.

g. CAs shall indicate to the user, if known, if another person comes on the line.

h. All comments directed to either party by the CA or to the CA by either party shall be relayed. These comments shall be typed in parentheses. However, comments between the CA and a relay user at the beginning of a call which deal with billing information need not be relayed to the other user.

i. CAs shall verify spelling of unfamiliar proper nouns, numbers, addresses, information about drug prescriptions and other unfamiliar words that are spoken and are to be relayed.

l. Users shall not be required to give their names or the name of the party they are calling, unless needed for billing.

m. The system shall transmit conversations between TTY and voice callers in real time.

n. For each incoming call, the CA shall without delay make as many outgoing calls as requested by the caller.

o. If a user requests that a CA of a specific gender be used, the provider shall make best efforts to accommodate the request when a call is initiated and at the time the call is transferred to another CA.

a. When training new CAs by the method of sharing past experience, trainers shall not reveal any of the following information:

1) Names of the parities on the call.

2) Originating or terminating points of specific calls.

c. Watching or listening to actual calls by anyone other than the CA is prohibited except for training or monitoring purposes or other purposes specifically authorized by the Commission. FPSC staff shall be permitted to observe live calls

for monitoring purposes, but shall also comply with the confidentiality provisions above.

d. A copy of the Confidentiality Policy shall be provided to a user upon request and at no cost.

a. Text-to-voice/voice-to-text. The provider shall transmit conversations between TTY and voice callers in real time.

b. Voice carry-over (VCO), two-line VCO, VCO-to-TTY, and VCO-to-VCO.

c. Hearing carry-over (HCO), two-line HCO, HCO-to-TTY, HCO-to-HCO and CapTel service or its equivalent service.

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

19. Three-Way Calling Functionality.