2951_4.DOCX

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Attached to
Electronic Fingerprinting Services and Associated Processing
Contract number
505ENT-O13-FINGERPRIN-01
Issued by
Wisconsin

About this file

This document is a Request for Bid (RFB 28094-CH) issued by the Wisconsin Department of Administration's State Bureau of Procurement for statewide electronic fingerprinting services and associated processing. The procurement is managed by Contract Manager Cort Hoel and involves the Wisconsin Department of Justice providing technical assistance and oversight. The contract is available to all Wisconsin state agencies, University of Wisconsin System campuses, and Wisconsin municipalities through the state's cooperative purchasing program under Wisconsin Statutes section 16.73.

The RFB seeks a contractor to provide live scan electronic fingerprinting services including applicant scheduling, electronic fingerprint and demographic capture, fee collection, electronic funds transfer, and reporting for licensing and employment background checks. The service must be available minimum 8 hours daily, 5 days weekly, plus 4 weekend hours, with permanent locations in 11 major Wisconsin cities and mobile services within 50 miles of applicants elsewhere. The initial contract term is two years with two potential two-year renewals by mutual agreement. This is structured as a "contract of convenience" with no costs to the state - all fees are collected from applicants being fingerprinted, with major agencies showing estimated annual usage of 6,000-12,000 fingerprints. The contractor must provide a $20,000 letter of credit and meet strict performance metrics including maximum 2% rejection rates and specific system uptime requirements with liquidated damages for non-compliance.

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State of Wisconsin Wis. Statutes s.16.75

DOA-3070 (R08/2003)

BIDS MUST BE SEALED AND ADDRESSED TO:|_|Remove from bidder list for this commodity/service. (Return this page only.)
AGENCY ADDRESS:

USPS Address Cort Hoel State Bureau of Procurement WI Department of Administration P.O. Box 7867 Madison, Wisconsin 53707-7867

Common Carrier Address Cort Hoel State Bureau of Procurement WI Department of Administration 101 East Wilson Street, 6th Floor Madison, Wisconsin 53703-3405 Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid # 28094-CH. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for one-hundred and eighty (180) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

REQUEST FOR BID

RFB 28094-CH

Electronic Fingerprinting Services and Associated Processing

THIS IS NOT AN ORDER
Bids MUST be in this office no later than

Tuesday, February 12, 2013 at 2:00 PM Central Time

BIDDER (Name and Address)

Name (Contact for further information) Cort Hoel

Phone 608-266-1725 Date January 16, 2013

Quote Price and Delivery FOB F.O.B. Destination Freight Prepaid

|_| Fax bids are accepted X Fax bids are not accepted

Description

This Request for Bid will establish a Contract for the State of Wisconsin to purchase Statewide Electronic Fingerprinting Services and Associated Processing

Complete the information below

Payment Terms
Delivery Time

|_| We claim minority or disabled veteran-owned bidder preference [Wis. Stats. s. 16.75(3m)(3). Under Wisconsin Statutes, a 5% preference may be granted to Wisconsin CERTIFIED Minority Business Enterprises or disabled veteran-owned businesses (DVB) certified by the Wisconsin Department of Administration, Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Department of Administration Supplier Diversity Program. Bidder Preference Does Not Apply to Printing Bids.

|_| We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.
|_| Yes |_| No |_| Unknown

In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

Name of Authorized Company Representative (Type or Print) Title

Phone ( )

Fax ( )

Signature of Above

Date E-mail.

This form can be made available in accessible formats upon request to qualified individuals with disabilities.

STATE OF WISCONSIN

REQUEST FOR BID # 28094-CH

STATEWIDE ELECTRONIC FINGERPRINTING SERVICES

AND ASSOCIATED PROCESSING

TABLE OF CONTENTS

Definitions

Introduction and Purpose Section 1.0

Bidder Qualifications Section 2.0

Bid Procedures and Instructions Section 3.0

Bid Acceptance, Review and Contract Award Section 4.0

Mandatory Technical Requirements Section 5.0

Mandatory Performance Requirements Section 6.0

Mandatory Support Requirements Section 7.0

Contract Implementation Plan Section 8.0

Cost Information Section 9.0

Order of Precedence Section 10.0

Special Terms and Conditions Section 11.0

Required Forms (End of RFB Document) DOA-3054: Standard Terms and Conditions DOA-3061: Supplemental Terms and Conditions for Procurement of Services DOA-3477: Bidder Information DOA-3478: Bidder Reference DOA-3027: Designation of Confidential and Proprietary Information DOA-3333: Vendor Agreement Wisconsin’s Cooperative Purchasing Service Debarment Form Lobbying Form

Separate and Required Attachments:

Attachment A: Cost Sheet Attachment B: Check List

Additional Request for Bid Documents

Appendices:

Appendix A: Fingerprint Matrix Appendix B: Applicant EFTS V1R4 Specifications Appendix C: Legal Holidays Appendix D: Applicant Demographic Information Appendix E: Privacy and Challenge Statement Appendix F: Waiver Form Appendix G: Federal Electronic Fingerprint Transmission Specifications Appendix H: Workflow Draft Appendix I: Nondisclosure Agreement

DEFINITIONS

Agency – means an office, department, agency, institution of higher education, association, society or other body in State government created or authorized to be created by the constitution or any law, which is entitled to expend money appropriated by law, including the legislature and the courts, but not including an authority.

Authorized User – means any state agency, University of Wisconsin campus, municipal government, local agency or other public body authorized to use statewide contracts, as established in §§ 16.70 (1b), (2), (4) and (8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement Manual. The terms “Authorized User” and “State” are used interchangeably in this Contract.

Bid – means the written response of a Bidder to a Request for Bid (RFB).

Bidder – means a provider of electronic fingerprinting services and associated processing which submits a competitive Bid in response to this RFB.

Contract – means the written agreement between the successful Bidder and the State covering the goods and services to be performed pursuant to this RFB.

Contract Administrator – means the individual in the State Bureau of Procurement responsible for administering day-to-day operational matters relating to the Contract.

Contract Manager – means the individual in the State Bureau of Procurement (SBOP) responsible for managing this RFB and subsequent contractual issues.

Contract User – means the term used throughout to refer to the collective combination of Agencies and Municipalities eligible to participate on the Contract, including all of their respective End Users.

Contractor – means the successful Bidder awarded a Contract resulting from this RFB. For the purpose of this RFB, the terms “Contractor” and “Bidder” can be used interchangeably when referring to the future status of an awarded Bidder, operating under a State Contract.

Customer – means any person or Agency that purchases the services under the Contract.

Department (DOA) - means the Department of Administration.

DLES – means the Division of Law Enforcement Services in WDOJ.

End User – means the individual employee of an Agency or Municipality, and the direct user of the services.

F.O.B. Destination Freight Prepaid – means the seller is responsible for freight charges. The seller retains title and control of goods until they are delivered and the contract of carriage has been completed. The seller selects the carrier and is responsible for the risk of transportation. The seller is responsible for filing claims for loss or damage until delivered to the destination.

Life of the Contract – means the initial term of the contract, renewals or extensions.

Minority Business Enterprise (MBE) – means a business that has been certified under Wisconsin Statutes s. Comm 105.14, 105.21, or 105.23.

Municipality – means any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public Contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats.

OCI – means the Office of the Commissioner of Insurance.

Procuring Agency – means the state agency which conducts the competitive procurement process.

Request for Bid (RFB) – means the competitive procurement process used by the State to award a contract to the lowest responsive responsible Bidder.

SBOP – means the Department of Administration’s State Bureau of Procurement.

State – means the State of Wisconsin

Subcontract - means any agreement, written or oral, financial or non-financial, between the Bidder and any other party to fulfill the requirements and performance obligations of the Contract, including any agreement between the Bidder or a Subcontractor and any other provider of goods and services when the Subcontractor is acting for or on behalf of the Bidder.

Subcontractor – means any entity that enters into any agreement with the Contractor to fulfill the requirements and performance obligations of the Contract.

WDOJ - means the Wisconsin Department of Justice

Wisconsin’s Cooperative Purchasing Service – means Wisconsin statutes (s. 16.73, Wis. Stats.) that establish authority to allow Wisconsin Municipalities to purchase from state contracts.

RFB 28094-CH: Statewide Electronic Fingerprinting Services and Associated Processing 36

1.0 INTRODUCTION AND PURPOSE

1.1 PURPOSE OF REQUEST FOR BID (RFB)

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a Bid for electronic fingerprinting services and associated processing.

The State as represented by its Department of Administration (DOA), State Bureau of Procurement (Bureau) intends to use the results of this process to award a Contract for the goods and services identified above.

1.2 REASONABLE ACCOMMODATIONS

The Department shall, upon request, provide reasonable accommodations, including the provision of informational material in an alternate format, for qualified individuals with disabilities. If you think you need reasonable accommodations, contact Cort Hoel at 608-266-1725 or cort.hoel@wisconsin.gov.

1.3 SCOPE

The State of Wisconsin requests Bids to establish a contract for statewide live scan electronic fingerprinting services including associated processing for the purpose of licensing and employment pursuant to state and federal laws requiring applicant fingerprint background checks.

This contract shall include applicant scheduling, electronic fingerprint and demographic capture and submission, fee collection, electronic funds transfer and reconciliation and information reporting. This contract will not result in any costs to the State of Wisconsin; the fees resulting from collection and transmission shall be borne by the customers being fingerprinted. All applicable fees identified above e.g. the Contractor’s fee, the Wisconsin Department of Justice (WDOJ) and FBI processing fees etc. will be collected from the customer by the Contractor and transferred electronically to the WDOJ: WDOJ will in turn reimburse the Contractor its fee.

The agencies with the largest annual usage are: Department of Transportation; 6,000, Department of Public Instruction; 6,000 and Office of Commissioner of Insurance; 12,000. These are estimated annual usages.

Authorized Users of this contract include all State of Wisconsin agencies including University of Wisconsin System Campuses and Wisconsin Municipalities as defined in Wisconsin Statutes (s. 16.73, Wis stats). Note that the inclusion of other municipalities in this Contract may potentially increase the volume of fingerprint requests significantly more than the estimates provided in Appendix A.

Department of Administration will provide overall contract administration, while the Department of Justice will provide technical assistance and oversight.

1.4 OVERVIEW OF PROCURING AGENCY

The Department of Administration performs administrative and executive functions for the State of Wisconsin. This Request for Bid (RFB) is issued by the Wisconsin Department of Administration Bureau of Procurement, and it is the sole point of contact for the State of Wisconsin during the procurement process. All communications about this RFB are to be directed to the Procurement Manager, Cort Hoel.

1.5 CONTRACT LENGTH

The initial Contract term shall be two (2) years with the potential for two (2), two-year renewals by mutual written agreement.

2.0 BIDDER QUALIFICATIONS

All requirements in this section are mandatory. The following requirements shall be met at no additional cost to the State. All Bidder qualifications are defined as mandatory minimum requirements unless otherwise stated.

Failure to meet these mandatory requirements shall result in disqualification of the Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in the RFB.

To be eligible for a contract award, Bidders shall be qualified as of the Bid due date and able to provide or confirm the following information.

2.1 Bidder shall be in the business of electronic fingerprint collection and transmission and shall have done so for the past five years.

2.2 The Bidder shall be capable of collecting and transmitting electronic fingerprints that comply with the FBI and ANSI/NIST standards which are then transmitted to Wisconsin WDOJ using the Wisconsin Electronic Fingerprint Transmission Specification (EFTS) type 2 record for applicants. Appendix B

2.3 The Bidder shall be capable of sending electronic fingerprint records to WDOJ that comply with industry standard Simple Mail Transfer Protocol (SMTP) protocol interface.

2.4 The Bidder shall be using equipment, both live-scan units and fingerprint card printers, that have been tested and certified to be FBI specification Appendix F compliant (www.fbi.gov/hq/cjisd/iafis/cert.htm ). A copy of the certification document shall be provided with the Bid and placed in Tab 8. If equipment is replaced or upgraded, new certification documents shall be provided to the Contract Administrator. The State of Wisconsin has the right to require the Bidder to provide certification documents at any time.

2.5 The Bidder shall be able to archive EFTS files for later retrieval in compliance with the FBI’s compression rules.

2.6 The Bidder shall be able to install and maintain demographic edit tables as provided by the State. The tables may be reviewed and updated annually.

2.7 The Bidder shall supply a topological drawing of the Central Server showing how it meets the requirements in Section 5.3, Central Server. This drawing shall be included in the Bid and placed in Tab 3.

3.0 BID PROCEDURES AND INSTRUCTIONS

3.1 VENDORNET REGISTRATION

Only vendors registered with the State of Wisconsin’s VendorNet will receive future official notice for this service/commodity. The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $50,000. Organizations without Internet access may receive paper copies in the mail upon request. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $50,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.

3.2 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this RFB shall be completed. In the event that the State finds it necessary to change any of these dates and times it will do so by issuing a supplement to this RFB.
DATE
EVENT
January 16, 2013
Date of issue of the RFB
January 23,2013
Deadline for submitting written questions
January 29, 2013 (estimated)
State’s response to submitted questions published on VendorNet
February 1, 2013
Deadline for submitting follow up questions
February 6, 2013 (estimated)
Final round of State responses to submitted clarification questions posted to the VendorNet website
February 12, 2013, 2:00 PM Central Time
Bid Due Date and Time

3.3 FORMAT OF BID

Bidders shall comply with the following format requirements. The State reserves the right to reject any Bids from consideration that do not follow the required format as instructed.

Bid shall be typed and submitted on 8.5 by 11 inch paper and securely bound. Bid shall be organized and presented in the order and by the section numbers assigned in the RFB.

Elaborate advertising and/or marketing material is not necessary nor is it desired.

Bid shall be organized with the following headings and subheadings, separated by tabs or otherwise clearly marked.

Tab 1 RESPONSE TO SIGNED REQUEST FOR BID SHEET

Include here the signed Request for Bid sheet (i.e. this RFB’s cover page (DOA-3070)) included with the bid and those certifications required for submittal of a Bid. Bids submitted in response to this RFB shall be signed by the person in the Bidder's organization who is responsible for the decision as to the prices being offered in the Bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices.

By submitting a signed Bid, the Bidder's signatories certify that in connection with this procurement:

· The Bidder's organization or an agent of the Bidder's organization has arrived at the prices in its Bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition.

· The prices quoted in the Bid have not been knowingly disclosed by the Bidder's organization or by any agent of the Bidder's organization and shall not be knowingly disclosed by the same, directly or indirectly, to any other respondent or to any competitor.

· No attempt has been made or shall be made by the Bidder's organization or by any agent of the Bidder's organization to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

Tab 2 RESPONSE TO STATE OF WISCONSIN STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS

These Standard Terms and Conditions (RFB/RFP) DOA 3054 and Supplemental Terms and Conditions for Procurement of Services DOA 3681 (enclosed) shall govern this bid and subsequent award. Bidders shall accept these terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point. Submission of any standard Bidder Contracts as a substitute for language in the terms and conditions is not a sufficient response to this requirement and may result in rejection of the Bidder's Bid. The State reserves the right to negotiate Contractual terms and conditions when it is in the best interest of the State to do so. The State is the sole determinant of its best interest. This does not mean that Bidder may take exception to mandatory Bid requirements: Section 5.0 Mandatory Technical Requirements, Section 6.0 Mandatory Performance Requirements, and 7.0 Mandatory Support Requirements of this Bid.

Tab 3 RESPONSE TO BIDDER QUALIFICATIONS AND MANDATORY REQUIREMENTS

Provide a point-by-point response confirming agreement of and capability to perform each mandatory requirement and qualification as found in the following sections:

2.0Bidder Qualifications – Provide a statement affirming capabilities for 2.1 – 2.7 and attach FBI compliance certificate
5.0Mandatory Technical Requirements
6.0Mandatory Performance Requirements
7.0Mandatory Support Requirements
Attachment BCompleted Check List

Failure to actively confirm compliance with one or more mandatory requirements shall disqualify your Bid.

Tab 4 COST INFORMATION—Attachment A

Provide cost information on Attachment A (Cost Sheet).

Tab 5 REQUIRED FORMS

Bidder shall complete and submit the following required forms with its Bid (found at the end of the RFB):

|_| Designation of Confidential and Proprietary Information (DOA-3027) |_| Bidder Information (DOA-3477) |_| Bidder References (DOA-3478) |_| Vendor Agreement, Wisconsin’s Cooperative Purchasing Service (DOA-3333) |_| Debarment Form |_| Lobbying Forms

Tab 6 IMPLEMENTATION PLAN

Provide a response to the implementation plan found in Section 8.1, Implementation Plan.

Tab 7 SAMPLES

Provide the samples requested in Section 5.6, Samples/Demonstrations.

Tab 8 Certifications

Provide the certifications required in Section 2.4

Include all additional information that will be essential to an understanding of the Bid. This might include any explanatory documentation that would clarify and/or substantiate the Bid document.

Include all RFB supplements and revisions (e.g. amendments), and editable versions of all documents Bidder would require the State to agree to in a Contract.

3.4 SUBMITTING A BID

Bidders shall submit 1 original , marked as such, plus 1 additional copy (total of 2 hard copies), and 1 electronic version (e.g., CD-ROM or a portable USB flash/thumb drive) of all materials required by the RFB for acceptance of their Bid by the deadline shown on the Request for Bid form (first page of this RFB) to:

USPS ADDRESS

Cort Hoel State Bureau of Procurement WI Department of Administration P.O. Box 7867 Madison, Wisconsin 53707-7867

COMMON CARRIER ADDRESS

Cort Hoel State Bureau of Procurement WI Department of Administration 101 East Wilson Street, 6th Floor Madison, Wisconsin 53703-3405

Bids shall be received in the above office not later than 2:00 p.m., Central Time, on February 12, 2013. All Bids shall be date and time-stamped in by the State Bureau of Procurement Office prior to the stated time. Bids not so stamped shall be considered late. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the State Bureau of Procurement Office.

All Bids shall be packaged and sealed in a box or envelope, and show the following information on the outside of the package:

· Bidder's Company Name and Address

· Request for Bid Title: Statewide Electronic Fingerprinting Services and Associated Processing

· Request for Bid Number: 28094-CH in lower left hand corner

· Bid Due Date: February 12, 2013 at 2:00 PM Central Time

· RFB Manager Name: Cort Hoel

Late Bids will not be accepted for any reason. Bids that are not securely sealed will not be accepted for any reason. Failure to include the above referenced information on the bid package may prevent timely receipt of the Bid by the State Bureau of Procurement Office and therefore rejection of Bid.

Faxed Bids are not allowed and shall not be accepted.

Email Bids are not allowed and shall not be accepted.

3.5 INCURRING COSTS

The State of Wisconsin is not liable for any cost incurred by a Bidder in the process of responding to this RFB.

3.6 QUESTIONS AND COMMUNICATION RESTRICTIONS

Any questions concerning this RFB shall be submitted in writing using email (no telephone calls) on or before the end of day January 23, 2013, to Cort Hoel at cort.hoel@wisconsin.gov .
There will be two (2) rounds of Bidder questions and State responses (see Calendar of Events for dates). All questions shall be submitted in writing via e-mail to Cort Hoel (cort.hoel@wisconsin.gov ) by the corresponding deadlines. Bidder questions along with the State’s responses will be posted on the VendorNet website.

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document or any attachment/appendix of the RFB at this point in the RFB process. If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB prior to the Bid due date and time, the Bidder should immediately notify the above named individual of such error and request modification or clarification of the RFB document.

In the event it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be published on VendorNet.

From the date of release of this RFB, until a letter of intent to award a Contract is issued, all contacts with State Agencies, including University of Wisconsin System personnel, excluding that necessary to conduct existing day-to-day business, regarding this RFB shall be made through Cort Hoel in the State Bureau of Procurement’s Division of Enterprise Operations/Department of Administration. Violation of this condition may be considered sufficient cause for automatic disqualification of a Bid.

Each Bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any supplements or revisions thereof.

3.7 NEWS RELEASES

News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of Bids shall not be made without the prior review and written approval of the State.

News releases, marketing and advertising pertaining to the contract(s) resulting from this RFB shall not be made without the prior review and written approval of the State.

3.8 REFERENCES

Bidder shall provide at least 4 names of organizations with whom the Bidder has done business similar to that required by this RFB. The State will determine which, if any references, to contact to assess the quality of the product/service.

Potential Subcontractors may not be listed as references.

For each entity, the Bidder shall include the company name, address, contact person, email address, and telephone number along with a brief description of the product/service, which was the basis for the business relationship.

Before the award of any Contract(s), the Department shall be satisfied that the Bidder has sufficient capability and performance history to perform the work described in this RFB. It is the Bidder’s responsibility to acquaint the RFB Manager with these qualifications by submitting clear, concise and complete documentation and thorough references.

Any information provided in response to References that the Bidder intends to be held confidential shall be identified as such on form DOA-3027: Designation of Confidential and Proprietary Information.

4.0 BID ACCEPTANCE, REVIEW AND CONTRACT AWARD

4.1 METHOD OF BID

Bidders shall respond to all of the following cost sections using Attachment A: Cost Sheet. All Bid pricing and subsequent pricing during the term of the Contract shall be F.O.B. Destination Freight Prepaid.

4.2 METHOD OF AWARD

Award shall be based upon the low total from the lowest responsive, responsible Bidder.

The State intends to make a statewide award to the lowest responsive, responsible Bidder based on the lowest Unit Price per applicant.

The State does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that the State shall guarantee a specific quantity or dollar amount will be disqualified. All pricing shall be provided in US dollars. In the event of Bidder error in calculation, unit price shall prevail.

4.3 BID OPENING

Bids will be opened on February 12, 2013 at 2:00 p.m., Central Time, at the DOA Building at 101 E. Wilson St., 6th floor, Madison, WI 53703. Only the names of the Bidders will be read aloud at that time.

4.4 BID ACCEPTANCE

Bids which do not comply with directions or are unable to comply with requirements and specifications contained in this RFB will be disqualified by the State.

The State may request reports on a Bidder’s financial stability and if financial stability is not substantiated may disqualify a Bid.

The State may request information on all pending litigation with a Bidder that may have a material or adverse impact on the ability of the Bidder to successfully perform contractual obligations and if ability is not substantiated, may disqualify a Bid.

The State reserves the right to accept or disqualify any or all Bids, or accept or disqualify any part of a Bid deemed to be in the best interest of the State. The State shall be the sole judge as to its best interests and compliance with the instructions contained in this RFB.

4.5 BID REVIEW

Bids will be reviewed by the RFB Manager and/or program manager(s) to verify that they will meet all specified requirements in this RFB. This verification may include requesting reports on the Bidder's financial stability, pending litigation, conducting demonstrations of the Bidder's proposed products(s) and/or service(s), and reviewing performance on past awards to the Bidder by the State of Wisconsin.

4.6 MINORITY BUSINESS ENTERPRISE AND DISABLED VETERAN OWNED BUSINESS PREFERENCE

The State of Wisconsin is committed to the promotion of minority and disabled veteran-owned business in the State’s purchasing program and a goal of placing 5% of its total purchasing dollars with such enterprises. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.03(2), Wisconsin Statutes. Agencies are also committed to the promotion of these enterprises in the State’s purchasing program.

The State of Wisconsin policy provides that these enterprises certified by the Wisconsin Department of Administration should have the maximum opportunity to participate in the performance of its Contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding Subcontracts to these enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the Contract price to such enterprises.

4.7 NOTIFICATION OF INTENT TO AWARD A CONTRACT

Any Bidders who respond to this RFB, with a bid, will be notified in writing of the State's award of contract as a result of this RFB.

After the contract award is made and under the supervision of the RFB Manager, copies of Bids will be available for public inspection from 8:30 a.m. to 4:30 p.m. at 101 E. Wilson St., 6th floor, Madison WI. Bidders shall schedule reviews with the RFB Manager, Cort Hoel at 608-266-1725 or via email at cort.hoel@wisconsin.gov.

4.8APPEALS PROCESS:
Notices of intent to protest and protests must be made in writing. Protestors should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

The written notice of intent to protest the intent to award a contract must be filed with:

USPS ADDRESS

Rick Hughes, Director State Bureau of Procurement WI Department of Administration P.O. Box 7867 Madison, Wisconsin 53707-7867

COMMON CARRIER ADDRESS

Rick Hughes, Director State Bureau of Procurement WI Department of Administration 101 East Wilson Street, 6th Floor Madison, Wisconsin 53703-3405 and received in his office no later than five (5) working days after the notices of intent to award are issued.

The written protest must be received in his office no later than ten (10) working days after the notices of intent to award are issued.

The decision of the head of the Procuring Agency may be appealed to the Secretary of the Department of Administration within five (5) working days of issuance, with a copy of such appeal filed with the Procuring Agency, provided the appeal alleges a violation of a statute or a provision of the Wisconsin Administrative Code.

Appeals are sent to:

Mike Huebsch, Secretary Wisconsin Department of Administration 101 E Wilson Street, 10th Floor Madison, WI 53703

5.0 MANDATORY TECHNICAL REQUIREMENTS

All Technical Requirements are mandatory. Submission of a Bid means the Bidder agrees that they have read, understand and comply with the requirements detailed by the State in this section. Failure to meet a mandatory requirement will result in Bid disqualification. If no single Bidder is able to comply with a given specification or condition, the State reserves the right to continue the review of Bids and select the Bid that most closely meets the requirement specified in this RFB. Respond to this section using Attachment B, “Mandatory Requirements.”

5.1 Applicant Scheduling Service

The Contractor shall establish two points of contact for gathering required demographic information and the scheduling of appointments for fingerprinting.

A. Toll free phone number available from any location within the United States. This scheduling service shall be available at a minimum during normal business operating hours (8:00 AM - 4:30 PM CST, Monday through Friday) excluding state holidays (Appendix C).

B. Secure website available at least 23 hours a day, 7 days a week.

The specific demographic information required to be collected is detailed in Appendix D. The Contractor shall notify by email the appropriate Agency contact of all successful registrations.

5.2 Electronic Fingerprint Capture Service

The Contractor shall establish an account with each Agency using the Contract. Each account shall be set up with a specific pin or key that shall be tied to the search required by the customer. This specific account and pin/key shall prompt the customer with the program being fingerprinted for and where the results of the search shall be sent. The program shall prompt the customer “Is this correct” to elicit an affirmative response.

Before being fingerprinted, all applicants shall be required to present documents authenticating identity according to the matrix contained in Appendix A. If an applicant misrepresents his or her identity or the Contractor suspects a misrepresentation, they shall turn the applicant away. The Contractor shall forward a report of the incident by email to the licensing Agency contact within one business day. The Contractor shall screen all applicants by asking appropriate questions at the time of scheduling and fingerprinting to ensure they are fingerprinted for the purpose intended.

The Contractor shall be required to provide a copy of the Record Completeness or Accuracy Challenge Notice and Privacy Statement, Appendix E and the Waiver Agreement and Statement, Appendix F. A signed copy of each shall be sent to the Agency receiving the results of the service.

The Contractor shall schedule and complete the fingerprinting within 14 calendar days of a request by the applicant. These statewide fingerprinting services shall be available at a minimum 8 hours a day, 5 days a week, and a minimum of 4 hours on the weekend, excluding State of Wisconsin holidays (Appendix C). This does not limit the Contractor from providing fingerprinting services at times beyond the operational time requirements when it is convenient or practical to do so.

The Contractor shall contact the applicant by telephone and schedule and complete a resubmission within 5 days of written notice by the Agency that the original submission was rejected by the FBI. Resubmission due to rejections shall be at no cost to the applicant and the state. All costs for resubmission due to rejection shall be borne by the Contractor. If the Contractor is not successful in scheduling an applicant for a resubmission within 5 days, Contractor shall notify the Agency in writing, and provide documentation of the attempt(s).

Arrangement for payment shall be made before the Contractor fingerprints the applicant from either the applicants themselves or from the entity for which the fingerprinting is taking place. Payment methods for these fees shall include at a minimum: major credit card, debit card, cashier’s check, or money order. If the Contractor accepts checks without sufficient account funds, the Contractor shall be responsible for all insufficient account fees in addition to payment of all fingerprinting fees owed by the Contractor to the State of Wisconsin.

5.2.1 The Contractor shall provide live scan devices capable of electronically capturing and submitting Information compliant with the following transmission specifications, data edits, data dictionaries and standards at all times during the Contract:

5.2.1.1 FBI Electronic Fingerprint Transmission Specification (EFTS). This document contains information on the data elements and allowable values required to send information to the FBI, and contains information on the required compression algorithm. Appendix G

5.2.1.2 ANSI/NIST data format for interchange of fingerprint information. This document defines the overall structure of the electronic record, its header, delimiters and subsections. The current standard can be found at the following web site: http://biometrics.nist.gov/cs_links/standard/AN_ANSI_1-2011_standard.pdf

5.2.1.3 Wisconsin EFTS Standards Document (Type 2 record) for Applicant Cards. This document contains the Wisconsin-specific data elements and edits for Applicant transmissions. The Wisconsin EFTS will be similar to the FBI EFTS. Appendix B

5.2.1.4 Live scan devices shall include edit checks (based on all standards identified above) at the point of capturing demographic information and fingerprint images to ensure compliance with the Performance Metric identified in Section 6 of this document.

5.2.1.5 Transmissions from the live scan device are to be submitted through a secure connection to the Contractor’s Central server as identified in Section 5.3 of this document.

The Contractor shall be required to reproduce and print two (2) FBI-compliant fingerprint cards if transmissions fail or other transmission or image quality problems occur. The cards should contain the information designated in the matrix in Appendix D. The Contractor shall send the cards to the requesting Agency.

Placement of the fingerprinting devices shall be the responsibility of the Contractor, but they shall be installed at full time permanent locations so they can service the area around the cities of, Eau Claire, Green Bay, Superior, La Crosse, Oshkosh, Madison, Milwaukee, Platteville, Janesville, Kenosha, and Wausau.

The State of Wisconsin reserves the right to approve the specific locations. The locations shall be Americans with Disability Act (ADA) compliant.

For all other areas of the state, at a minimum, mobile / part time sites shall be located within 50 miles of the applicant’s residence. In other words, at the time of the appointment, the Contractor shall travel to within 50 miles of the applicant’s residence.

The Contractor shall provide a receipt, in a format approved by the State of Wisconsin, to each applicant as evidence of successful completion of the fingerprinting, including the identifying transaction control number (TCN) assigned and the date the fingerprints were captured.

Equipment, communications, facilities, employees, supplies and any other expenses required to perform the fingerprinting services as specified in this RFB shall be the responsibility of the Contractor.

5.3 Central Server

5.3.1 The Contractor shall provide a central server configuration that will receive and process electronic demographic and fingerprint image information from the remote fingerprint capture locations to the WDOJ Fingerprint Gateway (see Appendix H).

5.3.2 The Contractor shall be required to establish and maintain connectivity between the Central Server and the WDOJ Fingerprint Gateway as specified in Section 5.4, WDOJ Fingerprint Gateway.

5.3.3 This central server system shall be secure and logically segregated to the functions required in this RFB to eliminate the potential for unauthorized access and destruction of information, including a firewall and all other adequate security measures to ensure that only appropriate communication exchanges occur.

5.3.4 The central server shall have scalable disk storage to retain seven (7) days of fingerprint submissions if the communications circuit is not operational. These records shall be held in queue, and upon restoration of communication, the information will be sent to the WDOJ Fingerprint Gateway. If it becomes necessary for the Contractor to produce a paper fingerprint card(s) and submits the card(s) to WDOJ for immediate processing, the Contractor shall be responsible for removing the electronic record(s) from its queue. If the record is not removed, the record will be processed and the Contractor shall be billed accordingly.

5.3.5 The central server shall be located in a secure facility. Personnel access to the central server is restricted to personnel that have passed the employee screening process. The Contractor shall submit its employee screening process prior to Contract execution and it shall be mutually agreed upon between the Contractor and the State. Unscreened personnel and visitors require an escort.

5.4 WDOJ Fingerprint Gateway

The Contractor shall transmit and receive all transmissions successfully between the central server and the WDOJ Fingerprint Gateway through a dedicated IPsec VPN connection for the purpose of processing the fingerprint based background checks.

5.4.1 The following IPsec VPN connection standards shall be met by the Contractor to maintain a secure communication between the Contractor’s central server location and the WDOJ Fingerprint Gateway.

• Contractors VPN device shall work with Cisco ASA VPN connection

• IPsec Tunnel with AES 256, SHA DE5 encryption

•Split tunneling is not permitted so as to minimize the impact to the Agency from Contractors systems potential compromise by malware and other means.
•In addition to forbidding split tunneling, the Agency has established policies regarding Contractors use of IPsec. Specifically, Contractors shall have up-to-date antivirus and antispyware software installed and enabled on their systems, as well as a personal firewall that monitors incoming and outgoing network traffic. The primary purpose of these policies is to prevent client hosts from becoming compromised and limit the potential impact of any compromises that occur.

5.4.2 The Contractor shall transmit and receive all transmissions successfully between the Central Server and the WDOJ Fingerprint Gateway through a dedicated VPN tunnel in order to process the fingerprint-based background checks.

5.4.3 The communication between the Central Server and WDOJ Fingerprint Gateway shall comply, and be maintained through the life of this contract, with the WDOJ Generic Data Capture Station to GSP Interface Control Document (ICD) found at the following website transactions: www.doj.state.wi.us/les/CCH/WDOJ_GenericCaptureStationtoGSP_ICD.doc. Most of the documents referenced in the Interface Control Document can be found at the web sites identified in Section 5 of this document. In addition, the data dictionary referenced in the ICD can be found at this web site:

www.doj.state.wi.us/les/CCH/WDOJ_EFTS_specifications.doc.

5.4.4 The Contractor shall provide the hardware and software required to interface with WDOJ to obtain electronic background information on all candidates and forward response together with WDOJ file number and all other required data fields daily to the Office of the Commissioner of Insurance (OCI) database administrator, Sircon. The Contractor shall maintain an electronic reporting system that is compatible with Sircon for States, as well as with any new or modified systems that may be used by the OCI during the course of the Contract.

5.5 Security

The Contractor shall report all breaches of security to the WDOJ Helpdesk within 2 hours of when the breach is discovered in accordance with WDOJ procedures (to be provided to the successful Bidder). The WDOJ Helpdesk is staffed on a 24x7x365 basis. In addition, the Contractor shall report all breaches of security to each Wisconsin Agency utilizing the contract via email, within one business day. Breach of security means unauthorized acquisition of computerized data that compromises the security, confidentiality or integrity of Personally Identifiable Information maintained by the Contractor or the WDOJ.

5.5.1 Any person employed by the Contractor and/or accessing systems at the WDOJ shall successfully undergo a WDOJ background check.

5.5.2 No personal information obtained from applicants will be utilized in any way by the Contractor outside of the performance of the contract. The Contractor should require all employees, Subcontractors, etc. to sign a nondisclosure agreement similar to the form contained in Appendix I, Nondisclosure Agreement.

5.6 Samples / Demonstrations

Bidders are required to submit five (5) electronic applicant fingerprint record submission EFTS samples. Samples are required with Bid submissions and shall be placed in Tab 7.

For evaluation purposes, the apparent successful Bidder may be required to provide an on-site demonstration of the services and equipment listed in the bid. If requested, the demonstration shall be furnished within seven (7) calendar days of the date requested or the Bid may be disqualified. This demonstration is to be without expense or obligation to the State of Wisconsin. The apparent successful Bidder must successfully demonstrate the services and equipment of bid. The State is the sole judge of a successful demonstration. If the State finds the demo to be unsuccessful it will award to the next lowest responsive responsible Bidder.

6.0 MANDATORY PERFORMANCE REQUIREMENTS

All Performance Requirements are mandatory. Submission of a Bid means the Bidder agrees that it has read, understand and comply with the requirements detailed by the State in this section. Failure to meet a mandatory requirement shall disqualify your Bid. If no single Bidder is able to comply with a given specification or condition, the State reserves the right to delete that specification or condition of the RFB.

6.1 CONTRACTOR CONTRACT ADMINISTRATOR

Contractor shall designate a Contract Administrator with full authority, on the Contractor’s behalf, to oversee all matters and compliance as it pertains to the Contract. This includes assuming responsibility and liability for all problems related to all products and services provided under the Contract. Changes in Contractor Contract Administrator information shall be communicated to the State’s Contract Manager and Administrator within 1 business day of change.

6.2 CONTRACTOR PERSONNEL

Contractor shall provide a sufficient number of Contractor personnel to fulfill Contract requirements throughout the entire term.

The Contract Administrator may request immediate removal of the Contractor’s personnel for performance problems such as poor quality of work, attendance issues, inability to get along with people, non-compliance with Agency standards, inability to follow directions, abuse of facilities, or other performance problems. The Contract Administrator may request that the individual be replaced immediately. Upon such request the Contract Administrator will provide the Contractor a written explanation of the reason within 2 working days of the request. If a significant number of problems occur, the contract may be terminated.

6.3 ONSITE VISITS AND AUDITS

The Contract Administrator or designee shall be permitted to enter the Contractor’s fingerprinting and central server premises during normal business hours for the purpose of observing the verification of identity and the fingerprinting process and to audit. Observed concerns or questions will only be discussed with the Contractor’s designated office manager or appropriate contact.

6.4 TIMELY RESPONSE TO COMMUNICATIONS

Contractor shall respond to service problems within two (2) hours at the latest when 1) reported by an Agency or End User during State business hours or, 2) reported outside of State business hours for individual/multiple reports of a critical nature. This includes, but is not limited to, outages affecting a significant number of End Users and 7 x 24 x 365 operations

Contractor’s Personnel shall respond to all other comments or questions (non-service requests) from Contract Users within 1 business day. For all comments, questions and requests older than 2 business days, Contractor’s Personnel shall contact the individual(s) with an estimated time that they will receive their answer along with the cause for delay. Contractor’s Personnel shall be responsible for follow-through to ensure that all requests for information are answered.

6.5 ON-SITE SERVICES

Contractor Personnel shall, if requested, meet on-site at Contract User’s location anywhere within the State of Wisconsin. Contractor shall not charge for such meetings and is responsible for all associated costs.

Contractor Personnel who are dispatched to Contract User’s location shall submit to a background check and sign a non-disclosure form if requested to do so per Contract User’s access policies.

6.6 Performance Metric

The Contractor is responsible for all additional charges incurred due to rejected records that require a subsequent submission.

If there are two consecutive rejected submissions for the same person…

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