50-80500-24-17121_50-80500-24-17121 Electronic Credit Card Payment Processing Services.pdf.PDF

ITB Title: Electronic Credit Card Payment Processing System

ITB Number: 50-80500-24-17121

Agency Requested Delivery: As Requested

Commodity Code(s): 94635, 94670

Bids Due No Later Than:

Date: 12/27/2024 Time: 2:00pm Late Submission of Bids Will Not Be Accepted.

Formal Sealed Bid Opening, to occur immediately following due date/time:

Place: https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%2 2Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d Meeting ID: 210 089 867 732

If you have questions regarding this ITB please contact:

Procurement Specialist: Amber Sanchez Telephone No.: (505) 670-1561 Email: Amber.Sanchez2@gsd.nm.gov

Bidder MUST complete as applicable and sign the following in order for Bid to be valid (type or print clearly):

NM Vendor ID# (if applicable):_____________________ Remit Address: ________________________________ Company Name: _________________________________ ____________________________________________ DBA (if applicable): ______________________________ ____________________________________________ Sales Email: _____________________________________ Sales Phone No.: _______________________________ NM Tax Payer Identification Number:____________________ Federal Tax ID#: _____________________________

Payment terms: (e.g., Net 30. Discount will not be considered in computing the low bid, see “Terms and Conditions”)

F.O.B. Point must be Destination, unless otherwise indicated by the NM State Purchasing Agent

Contractor’s Delivery: (May be considered in the award)

The Terms and Conditions shall not be modified or supplemented.

Authorized Signature: _________________________________ Print or type name: _________________________ Signatory Email: ____________________________________ Phone No.:_____________________________

Bids must be submitted electronically, via eProNM only. Please see Bid Submission Instructions on page 2.

Bids are subject to the “Terms and Conditions,” shown on the attached pages of this document, and any additional bidding instructions or requirements. The Terms and Conditions shall not be modified or supplemented.

NOTE: if you decide not to bid, do not return this document.

A business eligible for a New Mexico/Native American Resident Preference (Preference) must obtain a Preference certificate from the NM Taxation & Revenue Department. In order for the appropriate Preference to be applied to this solicitation, the expenditure for this solicitation cannot involve federal funds, and Bidder must submit a copy of its Preference certificate along with its response to the solicitation. Applicable Preferences will be applied to monetary values only, in accordance with §13-1-21 NMSA 1978, not percentage discounts or other non-monetary values. Additionally, only one submitted Preference will be applied per solicitation, not multiple.

Applications are available for download at: http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

Technical Online Bidding Questions:

(505) 795-1894 or (800) 233-1121 or you can contact the buyer listed on the ITB front page

GSD/SPD (Rev. 1/2024)

Invitation to Bid - Statewide Price Agreement

Return Bid to: New Mexico General Services Department State Purchasing Division:

Electronic bid submission:

https://bids.sciquest.com/apps/Router/PublicEvent?Custo merOrg=StateOfNewMexico https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d mailto:Amber.Sanchez2@gsd.nm.gov http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico&tab=PHX_NAV_SourcingOpenForBid&tmstmp=1467214109161 https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico&tab=PHX_NAV_SourcingOpenForBid&tmstmp=1467214109161

State of New Mexico General Services Department

Purchasing Division ITB Statewide Price Agreement #: 50-80500-24-17121

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Bidder Instructions for Invitation to Bid (ITB) Viewing ITB:

1. Bidders can access active procurements at the following sites:

• https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx

• https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

2. Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

Submitting Bids:

Complete bid documents as required by the ITB Specifications, and submit any required documentation, supporting materials, certificates, etc. in addition to the bid documents.

• Electronic submissions through eProNM at the following site:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

• Bids will be time-stamped in the system when Bidder clicks “OK” after “Review and Submit.” Such electronic submissions will be considered sealed bids in accordance with statute.

• If an amendment is processed after bid is submitted, Bidders must resubmit their bid in order for it to be considered fully submitted. Note: It is the responsibility of the Bidder to ensure bids are correct and accurate before submission. By bidding electronically, you acknowledge any and all amendments and it is your responsibility to ensure your bid corresponds with any amendments.

It is the Bidder’s responsibility to ensure all documents are completely uploaded and submitted electronically via the ePro system by the deadline set forth in this ITB. The ePro system will automatically cease uploading data at the date and time of the deadline. Please ensure that you, as the Bidder, allow adequate time for large uploads and to fully complete your submittal by the deadline. A submission that is not both: (1) fully complete; and (2) received, via the ePro system by the deadline, will be deemed late. Further, a submission that is not fully complete and received via the ePro system by the deadline because the response was captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late. In accordance with statute and rule, NO LATE BID CAN BE

ACCEPTED.

Bid Opening:

Sealed bids will be publicly opened online via Microsoft Teams. Bids are subject to the “Terms and Conditions,” shown on the subsequent pages of this document, and any additional bidding instructions or requirements. NOTE: if you decide not to bid, do not return this ITB document.

Please join Bid Opening from your computer, tablet or smartphone.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%2 2Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d Meeting ID: 210 089 867 732

Passcode: 4W2kXN Download Teams | Join on the web Or call in (audio only) +1 505-312-4308,,45609571# United States, Albuquerque Phone Conference ID: 456 095 71# https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2IyZTlhMjEtYWZlYS00Nzc4LThjOWQtMGI3MWQxMWNlMzhk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%2251de2250-9e0b-4237-b5ee-d3e9e1e586fc%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+15053124308,,45609571

Purchasing Division

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Terms and Conditions (Unless otherwise specified)

1. General: When the State Purchasing Agent or his/her designee issues a purchase document in response to the bid, a binding contract is created.

2. Variation in Quantity: No variation in the quantity of any item called for by this order will be accepted unless such variation has been caused by conditions of loading, shipping, packing or allowances in manufacturing process and then only to the extent, if any, specified in this order.

3. Assignment:

a. Neither the order, nor any interest therein, nor any claim thereunder, shall be assigned or transferred by the Contractor, except as set forth in Subparagraph 3b or as expressly authorized in writing by the State Purchasing Agent or his/her designee. No such assignment or transfer shall relieve the Contractor from the obligations and liabilities under this order.

b. Contractor agrees that any and all claims for overcharge resulting from antitrust violations which are borne by the State as to goods, services, and materials purchased in connection with this bid are hereby assigned to the State.

4. State Furnished Property: State furnished property shall be returned to the State upon request in the same condition as received except for ordinary wear, tear and modifications ordered hereunder.

5. Discounts: Prompt payment discounts will not be considered in computing the low bid.

6. Inspection: Final inspection and acceptance will be made at the destination. Supplies rejected at the destination for nonconformance with specifications shall be removed at the Contractor's risk and expense, promptly after notice of rejection.

7. Inspection of Plant: The State Purchasing Agent or his/her designee may inspect, at any reasonable time, the part of the Contractor's, or any subcontractor's plant or place of business, which is related to the performance of this contract.

8. Commercial Warranty: The Contractor agrees that the supplies or services furnished under this order shall be covered by the most favorable commercial warranties the Contractor gives for such to any customer for such supplies or services.

The rights and remedies provided herein shall extend to the State and are in addition to and do not limit any rights afforded to the State by any other clause of this order. Contractor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.

9. Taxes: The unit price shall exclude all state taxes.

10. Packing, Shipping and Invoicing:

a. The State's purchasing document number and the Contractor's name, user's name and location shall be shown on each packing and delivery ticket, package, bill of lading and other correspondence in connection with the shipments.

The user's count will be accepted by the Contractor as final and conclusive on all shipments not accompanied by a packing ticket.

b. The Contractor's invoice shall be submitted duly certified and shall contain the following information: order number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be rendered for each and every complete shipment.

c. Invoices must be submitted to the using agency and NOT the State Purchasing Agent.

11. Default: The State reserves the right to cancel all or any part of this order without cost to the State, if the Contractor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor, such causes include but are not restricted to, acts of God or the public enemy, acts of the State or Federal

Purchasing Division

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Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights of the State provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

12. Non-Collusion: In signing this bid the Contractor certifies he/she has not, either directly or indirectly, entered into action in restraint of free competitive bidding in connection with this offer submitted to the State Purchasing Agent or his/her designee.

13. Nondiscrimination: Contractor doing business with the State of New Mexico must be in compliance with the Federal Civil Rights Act of 1964 and Title VII of the Act (Rev. 1979) and the Americans with Disabilities Act of 1990 (Public Law 101-336).

14. The Procurement Code: Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and criminal penalties for its violation. In addition the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

15. Items: All bid items are to be NEW and of most current production, unless otherwise specified.

16. Payment for Purchases: Except as otherwise agreed to: late payment charges may be assessed against the user state agency in the amount and under the conditions set forth in Section 13-1-158 NMSA 1978.

17. Workers' Compensation: The Contractor agrees to comply with state laws and rules pertaining to Workers' Compensation benefits for its employees. If the Contractor fails to comply with Workers' Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the contracting agency.

18. Submission of Bid: Bids must be submitted in a sealed envelope with the bid number and opening date clearly indicated on the bottom left hand side of the front of the envelope. Failure to label bid envelope will necessitate the premature opening of the bid in order to identify the bid number.

19. Contractor Personnel: Personnel proposed in the Contractor’s written bid to the Procuring Agency are considered material to any work performed under this Price Agreement. Once a Purchase Order or contract has been executed, no changes of personnel will be made by the Contractor without prior written consent of the Procuring Agency. Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The Procuring Agency shall retain the right to request the removal of any of the Contractor’s personnel at any time.

20. Subcontracting: The Contractor shall not subcontract any portion of the Price Agreement without the prior written approval of the Procuring Agency. No such subcontracting shall relieve the Contractor from its obligations and liabilities under this Price Agreement, nor shall any subcontracting obligate payment from the Agency.

21. Records and Audit: The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during this Price Agreement’s term and effect, and retain them for a period of three

(3) years from the date of final payment under this Price Agreement. The records shall be subject to inspection by the Agency, State Purchasing Division, Department of Finance and Administration, and for Information Technology contracts, State Chief Information Officer. The Agency shall have the right to audit billings, both before and after payment. Payment for services under this Price Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments.

22. Subcontracts: The foregoing requirements for Contractor Personnel, Subcontracting, and Audit shall be inserted into all subcontracts from the prime contractor to the subcontractor.

Purchasing Division

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Important Bidding Information

All Bidders must notify the State Purchasing Agent or his/her designee if any employee(s) of the requesting agency or the office of the State Purchasing Agent have a financial interest in the Bidder. Financial interest is defined as:

A. holding a position in a business as officer, director, trustee or partner or holding any position in management; or

B. ownership of more than five percent interest in a business.

____ No financial interest ____ Yes financial interest

If yes, specify the employee’s name: ________________and financial interest: ________________________

Bid tabulations will be posted to our website approximately two (2) weeks after bid opening date. To access go to https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx, and filter by Bid Tab.

Failure of Bidder to complete bidding documents, in accordance with all instructions provided, is cause for this office to reject their bid.

Brand names and numbers are for reference only; equivalents will be considered. If bidding “equivalent” bidders must be prepared to furnish “complete data” upon request, preferably with bid, to avoid delay in award.

Specifications on the bid are not to exclude any bidder or manufacture. Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to restrict competition. “No substitute” specifications may be authorized ONLY if required to match existing equipment.

If any Bidder is of the opinion that the specifications as written preclude her/him from submitting a bid on this ITB, it is requested that her/his opinion be made known to the State Purchasing Agent or his/her designee, in writing, at least seven

(7) days prior to the bid opening date.

Bidders must, upon request of the State Purchasing Agent or his/her designee, provide information and date to prove that the financial resources, production of service facilities, service reputation and experience are adequate to make satisfactory delivery of the materials and/or services. The State Purchasing Agent or his/her designee reserves the right to require a Bidder to furnish a Performance Bond prior to award, where the Bidder is unable to furnish the required information or data, or for other reasons which would insure proper performance by the Bidder.

Unless otherwise indicated in the bid specifications, samples of the items, when required, shall be free of expense to the State of New Mexico. Samples not destroyed or mutilated in testing will be returned upon request, at Bidders expense.

Each sample must be labeled to clearly show the bid number and item number that it pertains to. Unsolicited bid samples or descriptive literature, which is submitted at the Bidder’s risk, will not be returned.

Awards

Determination of Lowest Bidder – Following determination of product acceptability, if any is required, bids will be evaluated to determine which Bidder offers the lowest cost to the State in accordance with the specifications and terms & conditions set forth in the Invitation to Bid. The State Purchasing Agent reserves the right to award this Invitation to Bid in total; by groups of items; on the basis of individual items; any combination of these which could result in a multiple award; or as otherwise specified in bid specifications; whichever, in his/her judgment, best serves the interest of the State of New Mexico.

The New Mexico State Purchasing Agent or his/her designee reserves the right to accept and/or reject any and all bids, to waive technical irregularities, and to award to the Bidder whose bid is deemed to be in the best interest of the State of New Mexico.

https://www.generalservices.state.nm.us/statepurchasing/active-procurements.aspx

Purchasing Division

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Special Notice – To preclude any possible errors and/or misinterpretations, bid prices must be affixed legibly in ink or typewritten. Corrections or changes must be signed or initialed by Bidder prior to the scheduled bid opening; failure to do so will be just cause for rejection of bid.

Bids may be withdrawn upon receipt of written request, prior to scheduled bid opening for the purpose of making any corrections and/or changes; such corrections must be properly identified and signed or initialed by Bidder. Resubmittal must be prior to scheduled bid opening for consideration.

After bid opening, no modifications on bid prices or other provisions of bid shall be permitted. A low Bidder alleging a material mistake of fact after bids have been opened may be permitted to withdraw the bid upon written request prior to award at the discretion of the State Purchasing Agent or his/her designee.

F.O.B. Destination – Means goods are to be delivered to the destination designated by the user which is the point at which the user accepts ownership or title of the goods. Laws of New Mexico specifically prohibit acceptance of ownership of goods in transit. Any exception to F.O.B. Destination may cause bid to be declared nonresponsive.

If you are an individual with a disability and you require accommodations such as a hearing interpreter to attend our bid openings, please contact State Purchasing (505) 827-0472 at least five (5) working days prior to the scheduled bid opening.

New Mexico Employees Health Coverage

A. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place, and agrees to maintain for the term of the contract, health insurance for its New Mexico Employees and offer that health insurance to its New Mexico Employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceeds $250,000 dollars.

B. Contractor agrees to maintain a record of the number of its New Mexico Employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Contractor agrees to advise all of its New Mexico Employees of the availability of State publicly financed health care coverage programs by providing each of its New Mexico Employees with, as a minimum, the following web site link to additional information: https://www.bewellnm.com/

D. For purposes of this Paragraph, the following terms have the following meanings:

(1) “New Mexico Employee” means any resident of the State of New Mexico employed by Contractor who performs the majority of the employee’s work for Contractor within the State of New Mexico, regardless of the location of Contractor’s office or offices; and

(2) “offer” means to make available, without unreasonable restriction, enrollment in one or more health coverage plans and to actively seek and encourage participation in order to achieve the goals of Executive Order 2007-049. This could include State publicly financed public health coverage programs such as Insure New Mexico!

Statewide Price Agreement

Article I – Statement of Work Under the terms and conditions of this Price Agreement all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law may issue orders for items and/or services described herein.

The terms and conditions of this Price Agreement shall form a part of each order issued hereunder.

The items and/or services to be ordered shall be as listed under Article IX - Price Schedule. All orders issued hereunder will bear both an order number and this Price Agreement number. It is understood that no guarantee or warranty is made or implied by the New Mexico State Purchasing Agent, his/her designee or the user that any order for any definite https://www.bewellnm.com/

Purchasing Division

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Article II – Term The term of this Price Agreement, for issuance of orders, shall be as indicated in the specifications.

Article III – Specifications Items and/or services furnished hereunder shall conform to the requirements of specifications and/or drawings applicable to items listed under Article IX-Price Schedule. Orders issued against this schedule will show the applicable Price Agreement item(s), number(s), and price(s); however they may not describe the item(s) fully.

Article IV – Shipping and Billing Instructions Contractor shall ship in accordance with the following instructions: Shipment shall be made only against specific orders which the user may place with the Contractor during the term; The Contractor shall enclose a packing list with each shipment listing the order number, price agreement number and the commercial parts number (if any) for each item;

Delivery shall be made as indicated on page1. If contractor is unable to meet stated delivery the State Purchasing Agent or his/her designee must be notified.

Article V – Termination The Agency may terminate this Agreement for convenience or cause. The Contractor may only terminate this Agreement based upon the Agency’s uncured, material breach of this Agreement. Contractor shall give Agency written notice of termination at least thirty (30) days prior to the intended date of termination, which notice shall (i) identify all the Agency’s material breaches of this Agreement upon which the termination is based and (ii) state what the Agency must do to cure such material breaches. Contractor’s notice of termination shall only be effective (i) if the Agency does not cure all material breaches within the thirty (30) day notice period or (ii) in the case of material breaches that cannot be cured within thirty (30) days, the Agency does not, within the thirty (30) day notice period, notify the Contractor of its intent to cure and begin with due diligence to cure the material breach. Termination of this Contract, however, shall not affect any outstanding orders. This provision is not exclusive and shall not waive other rights and remedies afforded either party in the event of breach of contract or default. In such instances the contract may be cancelled effective immediately.

Article VI – Amendment This Price Agreement may be amended by mutual agreement of the New Mexico State Purchasing Agent or his/her designee and the Contractor upon written notice by either party to the other. An amendment to this Price Agreement shall not affect any outstanding orders issued prior to the effective date of the amendment as mutually agreed upon, and as published by the New Mexico State Purchasing Agent or his/her designee. Amendments affecting price adjustments and/or the extension of a price agreement expiration date are not allowed unless specifically provided in the bid and price agreement specifications.

Article VII – Issuance or Orders Only written signed orders are valid under this Price Agreement.

Article VIII – Packing (if applicable) Packing shall be in conformance with standard commercial practices.

Article IX – Price Schedule Prices as listed in the price schedule hereto attached are firm.

IMPORTANT: NO ADDITIONAL TERMS AND/OR CONDITIONS WILL BE ACCEPTED

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Specifications:

Establish a Price Agreement for the New Mexico Department of Transportation (Department) for Credit/Debit Card Payment Processing Services.

Term:

The term of this Price Agreement shall be for two (2) years from date of award with the option to extend for one additional two-year term by mutual agreement of all parties and approval of the New Mexico State Purchasing Agent at the same price, terms and conditions. This price agreement shall not exceed four (4) years.

Multiple Awards:

Determination for award shall be based upon the lowest total cost of all items listed within the "cost proposal" section and the bidders’ abilities to meet the "minimum and submittal requirements" of the Invitation to Bid.

This may be a multiple award price agreement.

Tax Note:

Price shall not include state gross receipts tax or local option tax.

Payment to Contractor:

The Contractor shall not charge the New Mexico Department of Transportation for services performed under the Price Agreement. Services that the Contractor provides to Department’s customers under the Price Agreement shall be funded through a flat processing fee collected at the point of transaction paid by the Department’s customers who choose to use the debit/credit card payment system. The Department will not be responsible for the processing fee, nor will it be responsible for a processing cost fee imposed on a payment remitter if transaction should occur in a charge-back.

Brand Name or Equal:

The use of a brand name is for the purpose of describing the standard of quality, performance and a characteristic desired and is not to limit or restrict competition.

Bidding Information:

The conditions and specifications set out in the Invitation to Bid are inseparable and indivisible. Any contractor, by submitting a bid, agrees to be bound by all such conditions or specifications. All conditions and specifications in the Invitation to Bid and all other documents required to be submitted, shall be returned by the contractor in his bid package. Failure to do so or any attempt to vary or change the conditions or specifications of the Invitation to Bid, shall at the discretion of the State, constitute grounds for rejection of the entire bid.

The Contractor shall be considered an independent contractor and not an employee of the State of New Mexico.

The Department shall provide direction regarding the performance required by this Price Agreement.

Subcontracting:

The Contractor shall not subcontract any portion of the Price Agreement without the prior written approval of the Procuring Agency. No such subcontracting shall relieve the Contractor from its obligations and liabilities under this Price Agreement, nor shall any subcontracting obligate payment from the Agency.

Scope of Work:

The Contractor shall provide credit/debit card processing services: (1) on site at all current and new, New Mexico Department of Transportation (Department) Ports of Entry (POE); and (2) via web payment interface with ProMiles Software Development Corp. and GCR, Inc.’s Airport IQ. This service must interface with the State of New Mexico’s Fiscal Agent Bank, Wells Fargo. The services must be stand-alone and independent of the Department’s internal network.

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Minimum Requirements:

1. The Contractor shall provide the following at no cost:

a. Stand-alone payment terminals for credit/debit cards processing with dedicated wireless internet connectivity for in-person payments at the POEs, listed below by address or mile marker (MM), and at other POEs that may be opened in the future.

1. Anthony POE- Interstate 10, MM 159, Anthony, NM

2. Lordsburg POE- Interstate 10, MM 23, Lordsburg, NM

3. Oro Grande POE- US54, MM 41, Oro Grande, NM

4. Gallup POE- Interstate 40, MM 12, Gallup, NM

5. San Jon POE- Interstate 40, MM 356, San Jon, NM

6. Texico POE- US 60/70/84, MM 395, Texico, NM

7. Clayton POE- US 87, MM 8, Clayton, NM

8. Nara Visa POE- US 54, MM 349, Nara Visa, NM

9. Raton POE- Interstate 25, MM 460, Raton, NM

10. Hobbs POE- 3600 Seminole Highway, Hobbs, NM

11. Santa Teresa POE- 700 Pete Domenici Blvd, Santa Teresa, NM

12. Carlsbad POE- US/6211 80, MM 26, Carlsbad, NM

b. Credit/debit card processing by interfacing with:

1. ProMiles, which is used by the POEs for online sales of commercial trucking permits; and,

2. Airport IQ, which is used by the Department’s Aviation Division for airplane tail wing registrations.

c. Card transactions will be handed off to Wells Fargo Merchant Services as acquirer via First Data platforms, either Nashville or Cardnet.

d. Interface with the State of New Mexico’s Agent Bank, Wells Fargo and utilize its merchant identification numbers and to settle all credit card payments.

e. Establish Irrevocable Payment Instructions document between the Contractor, Wells Fargo

Merchant Services and the Department.

f. POE settlements will go to the New Mexico Taxation and Revenue Department

g. Aviation settlements will go to the Department.

The Department will provide the Aviation Division’s bank account information, as needed, to the Contractor.

h. A method for Department staff to process manual credit card transactions using a web-based interface for permits sold over the phone.

2. Credit Card Processing System/Department Support:

Contractor’s system, which includes hardware (payment terminals, servers, etc.) and software (not to be owned or licensed by the Department), must be kept in proper operating condition and maintained concurrent with industry standards and Department requirements.

Contractor shall provide Department support within 24 hours of request, which includes but is not limited to replacement or upgraded equipment as needed, training on new equipment as needed, a toll free telephone line 24/7/365 and dedicated support personnel. Upgraded or replaced equipment must be same or equal to item awarded. This will not be intended to add “new” items not previously noted in the ITB.

Contact Name:

Customer Support Phone Number:

3. Debit/Credit Cards Accepted:

The Contractor must process transactions for VISA, MasterCard, Discover, and American Express and incorporate Address Verification Services (AVS) for all cards accepted. The Contractor’s performance of this service must comply with the terms and conditions of the agreement each company has entered into with the State

Purchasing Division

Page-10 through the State Board of Finance. These agreements govern the State's acceptance of payments by each company's debit/credit cards.

4. The Contractor’s system, at a minimum, must have the ability to:

a. Capture payment details.

b. Obtain authorizations for payment amounts.

c. Provide rejection scripts for non-authorized transactions.

d. Archive payment detail records for a minimum of two (2) years with an ability to access archived data.

e. Transmit data to the Department via electronic submission such as, but not limited to, e-mail, electronic file, or https encryption.

f. Exchange data using xml data format using secure web services to communicate with service provider.

g. Have system interfaces available for viewing transactions, reports and downloading.

h. Must be able to be used at multiple locations.

i. All users must be able to immediately void transactions.

5. Transaction Reconciliation Reporting:

a. The Contractor must provide transaction records and supporting documentation to the Department at the end of each shift per user. Transaction reports must provide detail categorized by payment type or payment code relating to and totaling to the daily deposit amount. Samples of reporting must be provided with bid. The Department reserves the right to add payment types and codes without cost to the Department.

b. The Contractor must provide reporting that will allow the Department to reconcile transactions to permits issued with a summary and detail level. Contractor must be willing to work with the Department to provide the reporting formats deemed necessary for reconciliation.

c. The Contractor must archive and allow access to detail reconciliation reporting history for a minimum of two (2) years after the transaction occurrence.

6. File Transfer Layout and Protocol:

The Contractor must provide transmission of data daily to the Department in a manner that is compatible with existing Department platforms. The Department currently supports newer data transfer protocols, i.e., web-services, xml data file format.

7. Charge-backs and Refunds:

The Contractor must provide a detail report to the Department daily or when the transaction occurs. The Contractor must assess on a daily basis for all returned items. Contractor must handle all Charge-backs and Refunds for credit and debit card transactions at no charge to the Department.

8. Toll-Free Phone Support for Cardholders:

The Contractor shall provide a toll-free number for cardholders to make inquiries about their debit/credit card payments. The Contractor’s phone support shall be available, at minimum, 8:00A.M. to 5:00 P.M. (Mountain Time).

9. Data Security and Confidentiality:

The Contractor must provide security and confidentiality of all information that the Contractor's system obtains from the cardholder. That includes, but is not limited to, client address information, debit/credit card number, social security number, and any tax data. Client data cannot be used, sold, or traded for marketing.

Contractor must be certified PCI Level 1 provider assuming all costs and responsibilities for PCI. Contractor must work the State of New Mexico’s Data Security Expert to ensure long term security.

Purchasing Division

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Contractor MUST include a valid copy of the certificate with the Invitation to Bid (ITB). This will be required prior to making an award.

10. Payment Card Industry (PCI) Data Security Level 1 Compliance:

A. PCI/DSS Compliance – The Contractor will achieve and maintain Payment Card Industry Data Security Standards (PCI/DSS) compliance against the current version of PCI/DSS published on the Payment Card Security Standards Counsel (PCI/SSC) website. As evidence of compliance, the Contractor will provide when requested, a current attestation of compliance (AOC) signed by a Payment Card Qualified Security Assessor (PCI/QSA). If the Contractor is unable or unwilling to provide a certified AOC, then the Contractor shall work with the Department and the State’s Qualified Security Assessor to determine adequate documentation and will allow the State’s Qualified Security Assessor to assess if needed.

The contractor will create and maintain reasonable detailed, complete and accurate documentation describing the systems, processes, network segments, security controls, and dataflow used to receive, transmit, store and secure the State’s cardholder data. Such documentation will conform to the most current version of PCI/DSS. The Contractor will, upon written request by the State, make such documentation and the individuals responsible for implementing, maintaining and monitoring those system components and processes available to:

1. QSAs, forensic investigators, consultants or attorneys retained by the State to facilitate audit and review of the State’s PCI/DSS compliance.

2. The Procuring Agency’s IT Staff.

The Contractor will retain such documentation until three (3) years after termination of this agreement.

B. PCI/DSS for Software – The Contractor warrants that the Software meets Payment Application Data Security Standard (PA-DSS) requirements, and that the State following the Contractor's instructions detailed in the PA- DSS Implementation Guide will be able to deploy and maintain the Software according to PCI/DSS requirements.

The Contractor agrees to indemnify and hold the State harmless from any claims, damages, and cause of action, costs and expenses arising out of or related to any breach of the warranty set forth in this paragraph. In the event that security vulnerabilities are identified in the Contractor’s Software, the Contractor will promptly notify the Department and will provide instructions to mitigate risk of that vulnerability being exploited. The Contractor will provide a patch release or security update within one (1) day of a security vulnerability being discovered, and will provide support as necessary to properly deployed the patch or security update.

11. Processing Fee Contractor must propose a fixed-rate processing fee for debit/credit card transactions conducted at POEs, online through ProMiles and Airport IQ, and also manual transactions conducted by Department staff using the Contractor’s web-based interface. The fees will remain in effect for the duration of the Price Agreement regardless of the actual volume of transactions processed.

12. System Availability The debit/credit card services shall be available for Department’s customers to make debit/credit payments seven

(7) days a week, twenty-four (24) hours a day during the term of the Price Agreement

13. Quantities The approximate quantities are estimated and are for bidding purposes only. Quantities may be increased or decreased as necessary to meet actual demand. The State does not guarantee any amount of work, Purchasing Division

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Items’ Submission Instructions:

Submission process only - Contact the help line directly at: (505) 795-1894, (505) 819-7052, or (800) 233-1121 or you can contact the buyer listed on the ITB (this document) front page.

Items are located on our website: https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico

Online Submissions:

1. Download the ITB or Excel spreadsheet from the Buyer Attachments’ page;

2. Enter your bid prices into the ITB or Excel spreadsheet;

3. Upload the completed ITB or Excel spreadsheet into the website the Supplier Attachments’ page.

Items:

Item

Approx.

Qty.

Unit

Article and Description

Unit Price

001 9,000 Each flat fee per transaction. Rate will remain fixed regardless of volume of transactions. Contract will be funded through a flat processing fee collected at the point of transaction paid by the Procuring Agency’s customers via credit or debit card and paid directly to the Contractor.

*** 1 Item Total ***

NOTE TO BIDDERS:

All bids must be made completely independent of all other bids submitted. Where multiple bids are submitted by bidding entities owned by the same person or persons, those bids will be presumed to not be made independently of one another, and may be disqualified.

It is the Bidders’ responsibility to ensure all documents are completely uploaded and submitted electronically via the eProNM system by the deadline set forth in this ITB. The eProNM system will automatically cease uploading data at the date and time of the deadline. Please ensure that you, as the Bidder, allow adequate time for large uploads and to fully complete your submittal by the deadline. A submission that is not both: (1) fully complete; and (2) received, via the eProNM system by the deadline, will be deemed late. Further, a submission that is not fully complete and received via the eProNM system by the deadline because the response was captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software will be deemed late. In accordance with statute and rule, NO LATE BID CAN BE ACCEPTED.

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=StateOfNewMexico