Attachment # A
PAROLE VIOLATOR TRANSPORT SERVICES
SERVICE LEVEL AGREEMENTS (SLAs)Performance Metric / Performance Target / Description / Calculation / Frequency of
Review / Liquidated Damages / Unit
Escape / 100% / Escape of Parole Violator / Number of Escapes / Quarterly Report / 1st Offense: $5,000 per escape
2nd Offense: $17,500 per escape
$ 50,000 / Per Escape
Escape Notification / 100% / Notification by Bidder in the event of an escape within 15 minutes by phone with a written report to follow. / Number of escapes not reported within 15 minutes. / Quarterly Report / 1st Offense: $500 per escape
2nd Offense: $1,000 per escape
$3,000 / Per Escape
Written Report per Escape / 100% / Within 24 hours of time of escape. / Number of times a report is provided more than 24 hours after escape by number of escapes. / Quarterly Report / $25 per day late. / Per Escape, Per day late.
Pick-up of Transport with in established time frame / 100% / Pick-up transport within the established time frame. / Number of deadlines missed / Quarterly Report / 1st Offense: $5,000 per escape
2nd Offense: $10,000 per escape
$ 15,000 / Per deadline missed, Per day late.
Delivery of Transport within established time frame / 100% / Delivery of transport within the established time frame. / Number of deadlines missed / Quarterly Report / $50 per day late. / Per deadline missed, Per day late.
Service Level Requirements:
The selected Bidder shall adhere to a set of minimum service levels and shall agree to incur service-level damages, including liquidated damages, if Service Level Requirements are not fulfilled. The selected Bidder and the Commonwealth agree that if a service level is not met, the failure will interfere with the operation of the Commonwealth’s program, to the loss and damage to the Commonwealth. Where that damage is not otherwise clearly calculable (as in the overpayment of a claim) and able to be reimbursed as a direct or consequential damage, it is otherwise impractical and extremely difficult to fix the actual damage sustained. The Commonwealth and the selected Bidder therefore presume, in the event of any failure to meet a service level, the amount of damage which will be sustained from the failure will be the amount listed as liquidated damages under Attachment # A, and that the selected Bidder shall pay such amount as liquidated damages and not as a penalty.
The Commonwealth, at its option, for amounts due the Commonwealth as service-level damages, may deduct the amounts from any money payable to the selected Bidder, or may bill the selected Bidder as a separate item. The Commonwealth shall notify the selected Bidder in writing before deducting such sums from money payable to the selected Bidder. Delivery to the Commonwealth of a product or service that is rejected by the Commonwealth shall not toll the running of the days for purposes of determining the amount of liquidated damages.
In addition to any liquidated damages due, failure to adhere to the set minimum service levels will constitute cause for termination at the Commonwealth’s discretion. Further, should the Commonwealth elect to terminate for cause under this paragraph, the selected Bidder agrees not to challenge the award or conduct of any further Emergency Procurement, Request for Proposal, Invitation of Bid, or other procurement for the type of services listed in this IFB that may be conducted for the next two years.