DMV_RFQ_OPS24-1390_Remittance_6-7.pdf

STATE OF CALIFORNIA

Department of Motor Vehicles

QUOTE DUE DATE:

July 19, 2024

Supplier name and address:

Contact:

Phone:

Fax:

Name (Print):

Title:

Signature:

_____________________ Date:

Federal Employer Identification

Number:

Sealed Bid Responses must be delivered before 10:00 AM on the due date to:

Cathleen Guilday

ASD IT Acquisitions

Department of Motor Vehicles

2415 First Ave, Mail Stop E112

Sacramento, CA 95818

Phone# (916) 818-2821 cguilday@dmv.ca.gov

#OPS24-1390

REV. #: 0

DATE: June 7, 2024

IS BIDDER CLAIMING PREFERENCE

AS A SMALL BUSINESS:

YES ________ NO ________

IF YES, MANUFACTURER?

IS BIDDER A NON-SMALL BUSINESS

CLAIMING AT LEAST 25% SMALL

BUSINESS SUBCONTRACTOR

PREFERENCE?

SECTION 14838 ET SEQ. OF THE

CALIFORNIA GOVERNMENT CODE

REQUIRES THAT A 5% PREFERENCE

BE GIVEN TO BIDDERS WHO

QUALIFY AS A SMALL BUSINESS AS

A NON-SMALL BUSINESS CLAIMING

AT LEAST 25% CALIFORNIA

CERTIFIED SMALL BUSINESS

PARTICIPATION FOR

REQUIREMENTS SEE TITLE 2,

CALIFORNIA CODE OF

REGULATIONS SECTION 1896 ET

SEQ. THE REQUIREMENTS FOR

NONPROFIT VETERAN SERVICE

AGENCIES QUALIFYING AS A

SMALL BUSINESS ARE CONTAINED

IN SECTION 999.50 ET SEQ. OF THE

MILITARY AND VETERANS CODE.

Bidder offers and agrees if this response is accepted within 45 calendar days following the date the response is due to furnish all the items upon which prices are quoted, at the prices set opposite each item, delivered at the designated point(s) by the method of delivery and within the times specified and subject to the attached General Provisions. DECLARATIONS UNDER PENALTY OF PERJURY;

By signing above, with inclusion of the date of signature, the above signed bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed as complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) The National Labor Relations Board declaration set forth in Paragraph 48 of the General Provisions is true and correct. (3) If a claim is made for the Small Business or Disabled Veterans Business preference, the information set forth within is true and correct.

DESCRIPTION

The purpose of this Request for Quotation (#OPS24-1390) is to request purchase of electronic remittance services. In submitting a quote, bidders must comply with the instructions found herein. Please read the enclosed document carefully.

The following Sections are incorporated as part of this Request for Quotation:

Section I: General Information

Section II: Evaluation Information

Section III: Statement of Work

Section IV: Attachments

California Department of Motor Vehicles

RFQ #OPS24-1390

Exhibit A

SECTION I

GENERAL INFORMATION

You are invited to review and respond to this Request for Quotation, entitled

OPS24-1390. In submitting your quote, you must comply with the instructions found herein. The services required are delineated in the Statement of Work. Please read the enclosed document carefully.

Quotes must be received no later than the date and time specified on the cover of this RFQ and in Section I.C. Key Action Dates.

A) Purpose of this Request for Quotation (RFQ)

The State of California, Department of Motor Vehicles requires the services of a

Contractor to provide electronic remittance management service that replaces physical bank-issued checks.

Period of Performance and Availability

The term of this Agreement will be for two (2) years. The contract shall include one

(1) optional extension for one (1) year and for additional funds that must be costed out in Attachment 2 Cost Data Sheet. The contractor shall not be authorized to deliver or commence performance of services as described in this Statement of

Work (SOW) until written approval has been obtained from all entities. No delivery or performance of service may commence prior to the execution of a written contract.

The selected contractor must be able to meet the requirements of this RFQ and be ready to begin work within ten (10) business days of the contract award date specified in Section I.B. Key Action Dates.

B) Key Action Dates

Listed below are the key action dates and times by which the actions must be taken or completed. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to this RFQ*.

Key Action Dates Date/Time

1. Submission of written questions June 14, 2024

@ 10:00 AM

2. Departments response to written questions June 19, 2024

3. Submission of Quotes July 19, 2024

@ 10:00 AM PST

5. Contract Award August 1, 2024

*Note: ALL DATES AFTER THE SUBMISSION OF QUOTES DEADLINE (#3 IN THE KEY

ACTION DATES TABLE) ARE APPROXIMATE AND MAY BE CHANGED IF NEEDED TO

ALLOW THE STATE ADDITIONAL TIME FOR EVALUATION AND CONTRACT EXECUTION,

WITHOUT ADDENDUM TO THIS RFQ.

C) Written Questions

All questions regarding the content of this RFQ must be submitted electronically to

Cathleen Guilday, DMV Procurement Official, at cguilday@dmv.ca.gov. All questions must be received by the Key Action Date identified above. Questions not submitted in writing by the Key Action Date for submission of written questions (#1 in the Key Action Date matrix above) shall be answered at the State’s option.

When the State has completed its review of the questions, all questions and answers will be posted to the Department of General Services’ eProcurement System at the following website: https://caleprocure.ca.gov/pages/index.aspx.

D) Bidder’s Instructions and Provisions

The following information is incorporated into this RFQ. Please read the documents carefully. By signing Section IV - Attachment 1 – Cover Sheet, bidders agree to the terms and conditions listed below:

Bidder’s Instructions:

http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/dgspd%20451.pdf

General Provisions – Information Technology https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-

Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687E

C62B8BC6BF41BE876E

E) Award of Contract

Award of contract, if made, will be in accordance with the RFQ information on

Evaluation to a responsible bidder whose bid complies with all the requirements of the RFQ documents and an addendum thereto, except for such immaterial defects as may be waived by the State. Award, if made, will be made within forty-five (45) days after the scheduled date for Contract Award as specified in the RFQ; however, a bidder may extend the offer beyond 45 days in the event of a delay of contract award.

The State reserves the right to determine the successful bidder(s) either on the basis of individual items or on the basis of all items included in its RFQ, unless otherwise expressly provided in the State’s RFQ. Unless the bidder specifies otherwise in its bid, the State may accept any item or group of items of any bid. The State reserves the mailto:cguilday@dmv.ca.gov https://caleprocure.ca.gov/pages/index.aspx http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/dgspd%20451.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E https://www.dgs.ca.gov/-/media/Divisions/PD/PTCS/OPPL/Model-Language/IT/ITGeneralProvisions062122.pdf?la=en&hash=A627F242C01919F872687EC62B8BC6BF41BE876E right to modify or cancel in whole or in part it’s RFQ.

Written notification of the State’s intent to award will be made to all bidders. If a bidder can show that its bid should be selected, instead of the bid selected by the

State, the bidder will be allowed five (5) working days to submit a protest to the

Intent to Award, according to the instructions contained in the paragraph titled

“Protests” of this RFQ.

F) RFQ Response Guidelines

This RFQ and the Bidder’s quote in response to this document will be made a part of the contract. Responses to this RFQ must contain all data/information requested and must conform to the format described in this RFQ. It is the Bidder’s responsibility to provide all required data and any other information deemed necessary for the

State’s evaluation team to determine and verify the Bidder’s ability to perform the tasks and activities defined in the Bidder’s Statement of Work.

At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the required written information as specified may be grounds for bid rejection.

It is the vendor’s responsibility to ensure responses are received by the due date and time. Postmark dates are not acceptable.

IF PHYSICALLY DROPPING OFF BID: VENDORS SHALL CONTACT DMV PROCUREMENT

ANALYST AND SCHEDULE BID DROP OFF DATE AND TIME.

FACSIMILE MACHINE BIDS & EMAILED BIDS WILL NOT BE ACCEPTED. BIDS MUST BE

SEALED.

G) RFQ Response Content

Acceptable responses to this RFQ must contain one (1) original of all data/information requested. Refer to Section IV – Attachments – for more information on the documents required for the RFQ Response Content. To be deemed responsive, the following items must be submitted with your RFQ response:

1) ATTACHMENT 1 – COVER LETTER

Complete and attach the cover letter included in this RFQ as Attachment 1

2) ATTACHMENT 2 – COST DATA SHEET

Bidder must complete the cost sheet using the format in Attachment 2 – Cost

Data Sheet.

3) ATTACHMENT 3 – PAYEE DATA RECORD

Bidder must submit a Payee Data Record, Std. 204, listing their Taxpayer

Identification Number as Attachment 3. The Payee Data Record form is available at the following website link:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

4) ATTACHMENT 4 – CONFIDENTIALITY STATEMENTS

Conflict of Interest and Confidentiality Statement

The Conflict of Interest and Confidentiality Statement must be signed by a person authorized to bind the bidding company.

The overall objective of maintaining confidentiality is to ensure the integrity of this or related projects by preventing any bidder from gaining an advantage.

It is important to understand that the disclosure of certain confidential or procurement-sensitive information could jeopardize any procurement related to any information obtained during the course of providing services for this contract. Individuals involved in the performance of services for this contract must be careful to avoid breach of confidentiality both inside and outside of the workplace. Each individual is personally responsible for maintaining confidentiality in all oral and written communications, as well as in the handling of information through electronic means. The disclosure of any procurement-sensitive information may jeopardize a procurement and may result in civil or criminal penalties and/or disciplinary action.

Please read the confidentiality statement carefully. The confidentiality statement also includes a conflict of interest statement. Any individual who feels they may have a personal or financial interest that would be incompatible with participation in any RFQ related activity must disclose that information to the appropriate DMV employee prior to signing the confidentiality statement.

The Vendor must agree to the State’s confidentiality requirements by submitting a signed Attachment 4: Confidentiality Statements, for the

Vendor’s company and subcontractors.

The Vendor engaging in services pertaining to this RFQ, which requires contact with confidential State information or State customer information will be required to exercise security precautions for all such data that is made available and must accept full legal responsibility for the protection of this confidential information. This includes all statistical, personal, technical, and/or other confidential personal data and information relating to the

State’s operations that are designated confidential by the State.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

The Vendor will also be required, if awarded the proposed contract, to submit a signed confidentiality statement from all personnel, agents, and subcontractors assigned to the awarded Contract.

WHAT INFORMATION IS CONFIDENTIAL?

• Any document (hard copy or electronic media) marked “Confidential”.

• Any information or procurement documents which have not been released to the supplier community.

• Any supplier responses or review of offers for procurements related to the services provided in this contract.

PRECAUTIONS FOR INDIVIDUALS WORKING WITH CONFIDENTIAL INFORMATION:

• All confidential documents should be marked “Confidential”. If the DMV determines that additional controls are necessary, documents will be numbered and assigned prior to release. It will be the recipient’s responsibility to control and return the numbered document(s).

• Keep all confidential documents out of view and locked away from your desk.

• Confidential information on your personal computer should always be password protected and should never be left open when stepping away from your desk. Screen savers should also be used and should be password protected. Confidential documents should be filed in your personal drive. If documents must be shared, they can be stored in a shared drive, but should also be password protected with a shared password.

• Monitor the printer when printing a confidential document. Do not leave confidential print jobs unattended.

• Remove all confidential documents from the photocopy machine when jobs have been completed. In the event of a machine jam, make sure all confidential papers are removed and shredded.

• Close doors when confidential discussions occur during meetings. Erase and/or remove all white boards, flip charts, and papers once the meeting has concluded.

• Be discrete in communications with others to ensure that unauthorized disclosure of confidential information does not occur. Be cautious of what you say.

• Formal or informal inquiries by other vendors should be directed to the appropriate DMV personnel. Do not attempt to answer any inquiries by other vendors.

• Confidential mail can be sent via regular mail courier envelopes but should be sent in a sealed envelope within the messenger envelope and marked appropriately. Confidential mail should be hand carried to local destinations (within reasonable traveling distance). Please instruct clerical support staff that incoming mail marked “Confidential” should be delivered unopened to the recipient immediately.

• Confidential papers (including notes and working papers) should not be discarded in wastebaskets or recycle bins. Confidential papers should be shredded.

• Using the fax machine for transmitting confidential information is not recommended. However, if necessary, arrangements should be made at both ends of the transmission to monitor the fax machine until the entire fax has been sent and received. Do not leave a fax machine unattended when sending or receiving a confidential document. The following statement should be included in the fax transmittal sheet:

CONFIDENTIALITY NOTICE: This Facsimile transmission is intended only for the addressee shown above. It may contain information that is privileged, confidential or otherwise protected from disclosure. Any review, dissemination, or use of this transmission or any of its contents by persons other than the addressee is strictly prohibited. If you received this fax in error, please call us immediately upon receipt and return the facsimile documents, by first class mail, to the address above. Thank you for your cooperation.

• All conference calls where confidential information may be discussed should be conducted behind closed doors.

• Individuals should be cautious of their surroundings when leaving voice mail messages that may contain confidential information.

• Electronic mail messages should not be used to share confidential information since they can be accessed fairly easily by experienced users.

5) ATTACHMENT 5 – BIDDER DECLARATION FORM

All Bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response as Attachment 5, even if no subcontractors are being submitted. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract and a description of the product and/or services the subcontractor will provide in the solicitation. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution, and it is incorporated by amendment to the contract.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

Attachment 5, Bidder Declaration GSPD-05-105, must be completed even if no subcontractors are being submitted. When completing the declaration, Vendors must identify all subcontractors proposed to participate in the contract and a description of the product and/or services the subcontractor will provide in the proposed contract. Vendors awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the DMV agrees to a substitution, and it is incorporated by amendment to the contract. Vendors shall not propose to subcontract 100% of the tasks of Section II, Exhibit A – Statement of Work.

6) ATTACHMENT 6 – DVBE SUBCONTRACTOR AGREEMENT

If the Bidder is utilizing a DVBE subcontractor, as indicated in Method A1

(Bidder is a California Certified DVBE) or A2 (Bidder is not a California Certified

DVBE) in this link https://www.dgs.ca.gov/-

/media/Divisions/PD/OSDS/Certification/DVBE/DVBEIncentiveRequireGoodIT.pdf, the Bidder must submit the signed (by the prime and DVBE subcontractor) DVBE Subcontractor

Agreement – Attachment 6 with bid response.

SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING

REQUIREMENTS:

(a) If for this Contract the Contractor made a commitment to achieve small business participation, then the Department requires the Contractor upon completion of this Contract (or within such other time period as may be specified elsewhere in this Contract) to report the actual percentage of small business participation that was achieved. (Govt. Code § 14841)

(b) If for this Contract the Contractor made a commitment to achieve the disabled veteran business enterprise (DVBE) participation goal, then, pursuant to

Mil. & Vets. Code § 999.5(d), upon completion of this Contract, the Department requires the Contractor to certify using the Prime Contractor’s Certification –

DVBE Subcontracting Report (STD 817), all of the following:

1. the total amount the prime Contractor received under the Contract;

2. the name, address, Contract number and certification ID number of the DVBE(s) that participated in the performance of this Contract;

3. the amount and percentage of work the prime Contractor committed to provide to one or more DVBE(s) under the requirements of the Contract and the total payment each DVBE received from the prime Contractor;

4. that all payments under the Contract have been made to the

DVBE(s); and

5. the actual percentage of DVBE participation that was achieved.

Upon request, the prime Contractor shall provide proof of payment for the work.

If for this Contract the Contractor made a commitment to achieve the DVBE participation goal, the Department will withhold $10,000 from the final payment, or the full final payment if less than $10,000, until the Contractor complies with the certification requirements above. A Contractor that fails to comply with the certification requirement shall, after written notice, be allowed to cure the defect. Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of written https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEIncentiveRequireGoodIT.pdf notice, the prime contractor refuses to comply with the certification requirements, the Department shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. (Mil. & Vets. Code §

999.7).

A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code §

14841).

Contractor agrees to comply with the rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Section 999 of the Mil.

& Vets. Code, including, but not limited to, the requirements of Section

999.5(d). (PCC Code § 10230).

7) ATTACHMENT 7 – CA SECRETARY OF STATE (SOS)/FICTITIOUS BUSINESS NAME

A copy of each bidder’s current California Secretary of State’s listing or

Fictitious Business Name listing, if applicable, must be included in the bidder’s response as Attachment 7 at the time bid is due.

At the time the offer is due, a copy of the Vendor’s current California

Secretary of State’s listing or Fictitious Business Name listing, if applicable, must be included in the response.

If your company is a Corporation, a Limited Liability Company (LLC), a Limited

Liability Partnership (LLP), or a Limited Partnership (LP), you must be registered with the California Secretary of State (SOS) to be awarded a contract. For

Corps, LLCs, and LPs, a screen print from the SOS website showing your status as active will meet this requirement. For LLPs, a copy of your Certificate of

Status from the SOS is required. The contact information for the SOS is Online

Business Services | California Secretary of State. If your company is a Sole

Proprietor or a Partnership, registration with the SOS is not required.

Fictitious business name Companies “doing business as” (dba) a different name than as registered with the California Secretary of State, must include a valid Fictitious Business Name Statement with their offer. This statement is filed with the California County in which your firm conducts business and is valid for five years from the date it was filed in the office of the County Clerk. When a company has no place of business in California, they shall file with the County

Clerk of Sacramento County at https://actonline.saccounty.net/CitizenAccess/SACCO_FBNSearch.aspx https://bizfileonline.sos.ca.gov/ https://bizfileonline.sos.ca.gov/

8) ATTACHMENT 8 – SMALL BUSINESS AND NON-SMALL BUSINESS PREFERENCE

(SUBMIT ONLY IF BIDDER IS CLAIMING PREFERENCE)

(a) REGULATIONS

The Small Business regulations, located in the California Code of Regulations

(Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et. seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 09/09/04. The new regulations can be viewed at (https://www.dgs.ca.gov/PD/Resources/Page-

Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-

Regulations-for-SB-DVBE Access the regulations by Clicking on “Small Business

Regulations” in the right sidebar. For those without Internet access, a copy of the regulations can be obtained by calling the Office of Small Business and

DVBE Services at (916) 375-4940.

(b) SMALL BUSINESS CERTIFICATION

Bidders claiming the 5% small business preference must be certified by

California as a small business or must commit to subcontract at least 25% of the net bid price with one or more California certified small businesses.

Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted.

Small business nonprofit veteran service agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time bids are due.

Questions regarding certification should be directed to the OSDS at (916) 375-

4940.

(c) NON-SMALL BUSINESS SUBCONTACTOR PREFERENCE

A 5% bid preference is now available to a non-small business claiming 25%

California certified small business subcontractor participation. If applicable, claim the preference in the box on the right-hand side of the first page of this solicitation. If claiming the non-small business subcontractor preference, the form must list all of the California certified small businesses with which the bidder commits to subcontract in an amount of at least twenty-give percent

(25%) of the net bid price. All certified small businesses must perform a

“commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4).

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE

(d) SMALL BUSINESS NONPROFIT VETERAN SERVICE AGENCIES (SB/NVSA)

SB/NVSA prime bidders meeting requirements specified in the Military and

Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5% small business preference. If applicable, claim the preference in the box on the right-hand side of the first page of this solicitation. All certified small businesses must perform a

“commercially useful function” in the performance of the contract as defined in Government Code Section 14837(d)(4).

9) ATTACHMENT 9 – DISABLED VETERAN BUSINESS ENTERPRISE DECLARATION (DVBE

INCENTIVE)

THE CA DVBE REQUIREMENT HAS BEEN WAIVED FOR THIS SOLICITATION,

HOWEVER, THE DVBE INCENTITIVE IS APPLICABLE.

An incentive for DVBE participation is optional. The Std. 843 must be submitted as Attachment 9 of a Bidder’s response if the Bidder is either a certified CA DVBE or subcontracting with a certified CA DVBE. The Std. 843 may be found on the following website:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf. The

Disabled Veteran Business Enterprise Declarations (STD. 843) form is completed by a California certified DVBE owner and DVBE managers of the

DVBE who will be participating in the awarded purchase document.

a) DVBE INCENTIVE:

In order to meet the California Disabled Veteran Business Enterprise Incentive, bidders must be, or partner with, a California Certified DVBE. All certified

DVBE’s must perform a “commercially useful function” in the performance of the contract. For more information regarding the DVBE Incentive, please review the Department of General’s website https://www.dgs.ca.gov/-

/media/Divisions/PD/OSDS/Certification/DVBE/DVBEIncentiveRequireGoodIT.

pdf and Commercially Useful Function for Certified Firms (ca.gov).

The DVBE Incentive is applied during the evaluation process and is only applied for responsive bids from responsible bidders proposing the percentage(s) of DVBE participation for the incentive(s) specified below:

Confirmed DVBE Participation of: DVBE Incentive:

5% and Over 5%

4% - 4.99% inclusive 4%

3% - 3.99% inclusive 3%

b) ADDITIONAL INFORMATION:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEIncentiveRequireGoodIT.pdf https://www.dgs.ca.gov/-/media/Divisions/PD/OSDS/Certification/DVBE/DVBEIncentiveRequireGoodIT.pdf https://www.dgs.ca.gov/en/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

Certified small businesses and disabled veteran businesses listed as subcontractors must perform a “commercially useful function" in the performance of the contract. The term “commercially useful function” is defined in Government Code Section 14837(d) (4) and in Military and

Veterans Code Section 999(b) (5) (B).

Note: Per Senate Bill 548…If for this agreement contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this agreement (or within such other time period as may be specified elsewhere in this agreement) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE(s); and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code

(M&VC) § 999.5(d)).

Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran

Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in

M&VC § 999.9; Public Contract Code (PCC) § 10115.10.

10) ATTACHMENT 10 – COMMERCIALLY USEFUL FUNCTION FOR SMALL BUSINESS

AND/OR DVBE SUBCONTRACTORS

Bidder must provide a written explanation delineating what Commercially

Useful Function each certified small business or certified disabled veteran business will provide for this RFQ. In addition, please answer the questions on

Attachment 10 for each certified small business and/or certified DVBE subcontractor listed on the bid response.

11) ATTACHMENT 11 – PUBLIC CONTRACT CODE 2010 CERTIFICATION

Pursuant to Public Contract Code section 2010, if a bidder or proposer executes or renews a contract over $100,000 on or after January 1, 2017, the bidder or proposer hereby certifies compliance with the following:

1. CALIFORNIA CIVIL RIGHTS LAWS: For contracts over $100,000 executed or renewed after January 1, 2017, the contractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair

Employment and Housing Act (Section 12960 of the Government Code);

and

2. EMPLOYER DISCRIMINATORY POLICIES: For contracts over $100,000 executed or renewed after January 1, 2017, if a Contractor has an internal policy against a sovereign nation or peoples recognized by the United

States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government

Code).

Refer to Section IV of this solicitation for the PCC 2010 certification which must be submitted as Attachment 11.

13) ATTACHMENT 12 – FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

REQUIREMENT

Signature on Attachment 1 and submission of bid acknowledges acceptance and compliance with the Department of Transportation Federal Motor Carrier

Safety Administration Non-Discrimination Assurances located at:

https://www.dmv.ca.gov/portal/file/fmcsa-appendix-a-and-e-pdf/

The CA DMV, in accordance with the provisions of Title VI of the Civil Rights

Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, age, disability, income-level, or LEP in consideration for an award.

14) ATTACHMENT 13-DMV ACCEPTABLE USE STATEMENT

Attachment 13 must be signed and submitted on behalf of the company in the Vendor’s response.

In addition, if selected, all proposed contractor staff must complete security training and sign the DMV’s Acceptable Use Statement (DMV 350) before beginning work and annually thereafter.

https://www.dmv.ca.gov/portal/file/fmcsa-appendix-a-and-e-pdf/

15) ATTACHMENT 14 – GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE AND

FACT SHEET

Per broadcast bulletin P0324, the State of California seeks to realize the potential benefits of GenAI, through the development and deployment of

GenAI tools, while balancing the risks of these new technologies.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors.

The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror (STD.1000).

Failure to disclose GenAI to the State and submit the GenAI Disclosure &

Factsheet (STD. 1000) will result in disqualification of the Bidder/Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder/Offeror GenAI Disclosure & Factsheet (STD.1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.”

SECTION II EVALUATION INFORMATION/RESPONSE CHECKLIST

A) Evaluation

Each RFQ #OPS24-1390 response will be checked for the presence of required information in conformance with the submission requirements of this RFQ. The department will evaluate each RFQ #OPS24-1390 bid response to determine its responsiveness to the requirements.

Only bids quoted on the State’s own quotation forms will be considered. Bids MUST be submitted in a SEALED envelope/package with the solicitation number and the bid due date and time clearly marked on the outside of the envelope/package, faxed orders will not be accepted.

The bid response must be completely sealed. One (1) printed copy must be submitted by the time and date identified in Section I.C: Key Action Dates. Mail or deliver bid responses to the DMV Procurement Official listed on Page 1 of this RFQ. Bids received after the bid submission date and time will not be considered.

1. Administrative Requirements Evaluation Criteria (Pass/Fail)

Administrative Requirements Attachment has been submitted & is complete

Attachment has not been submitted or is not complete

Is Bidder claiming

Preference*?

(yes or no)

Attachment 1 – Cover Letter (Required)

Attachment 2 – Cost Data Sheet (Required)

Attachment 3 – Payee Data Record

• Std 204 Payee Data Record (Required)

Attachments 4 – Confidentiality Statements (Required)

Attachment 5 – Bidder Declaration Form

(GSPD-05-105) Bidder Declaration (Required)

Attachment 6 – DVBE Subcontractor Agreement

• Signed Bidder/DVBE Subcontractor Agreement per

Method A1 or A2

Attachment 7 – CA Secretary of State Verification

Attachment 8 – Small Business and Non-Small Business

Preference* (submit only if bidder is claiming preference)

• If bidder is subcontracting with a certified CA small

Business to obtain the 5% credit, bidder must provide

A description of the sub’s commercially useful function

(refer to Attachment 10)

Attachment 9 – Disabled Veteran Business Enterprise Declaration

(DVBE Incentive)

(Provide only if bidder is a DVBE or subcontracting with a

DVBE)

• DGS PD 843

Attachment 10 – Commercially Useful Function (submit only if

Bidder is including a certified small business and/or DVBE

As part of bid response)

Attachment 11 – Public Contract Code 2010 Certification

(required)

Attachment 12- Federal Motor Carrier Safety

Administration

Signature on Attachment 1 and submission of bid acknowledges acceptance and compliance with the

Department of Transportation Federal Motor Carrier Safety

Administration Non-Discrimination Assurances located at:

https://www.dmv.ca.gov/portal/file/fmcsa-appendix-a-and-e-pdf/

Attachment 13- Department of Motor Vehicles Annual

Information Security and Computer Use Statement

Attachment 14 – GenAI Disclosure Fact Sheet

B. Scoring

Administrative (Pass/Fail)

The administrative evaluation criteria will be scored pass/fail.

C. Award

The award will be made to the lowest cost after meeting all requirements. Refer to

Section I.G regarding Award of Contract Language.

SECTION III STATEMENT OF WORK

A. BACKGROUND

The Department of Motor Vehicles (DMV) directly receives an average of 5,722 electronic bank-issued payments and 2,842 paper checks on a monthly basis. Paper bank-issued checks are routed to the Registration Processing Unit I (RPU I) unit within

Operations Division (OPS) and are manually sorted, assigned, and completed with limited tracking, monitoring, or flexibility for escalation or reassignment. Electronic bank-issued payments are routed to the Registration Processing Unit III (RPU III) within

Operations Division (OPS). If the correct license plate number or full vehicle identification number was provided and there is nothing on the vehicle record preventing the transaction from being processed, the payments are processed by an automated bot. If there is something on the vehicle record preventing the transaction from being processed, the payments are assigned to staff to electronically complete. If the information provided is not correct the payments are assigned to staff to attempt to locate the correct vehicle record to apply the payment to and complete the transaction electronically with limited tracking, monitoring, or flexibility for escalation or reassignment.

B. CONTRACT DESCRIPTION AND SCOPE

The purpose of this contract is to acquire an electronic remittance management service to continue and improve upon our existing electronic remittance process.

The electronic remittance management process must be able to communicate in a secure manner, which includes encryption communication and processes that are compliant with American National Standards Institute (ANSI), Federal Information

Processing Standards (FIPS), National Institute of Standards and Technology (NIST), and with their information management planning and operations.

The operation of the electronic remittance management process will be the responsibility of the selected Contractor. The Contractor’s main responsibilities include, but are not limited to, providing the electronic remittance services, electronic transfer of funds, electronic refunds, and returning any appropriate messages for the transactions.

C. CONTRACT TERM

The term of the contract shall be for two (2) years and shall begin upon contract execution. The contract shall include one (1) optional extension for one (1) year and to add additional funds that must be costed out on Attachment 2 Cost Data Sheet.

It is understood that no funds sufficient for the purpose of this order have been appropriated until such time as the budget for each fiscal year covered by the agreement has been adopted by the Legislature and signed by the Governor.

D. CONTRACTOR TASKS AND RESPONSIBILITIES

1. The Contractor must provide the electronic remittance management services and operate and maintain the process for the duration of the contract period.

2. The electronic remittance management services must be available 7 days per week, 365/366 days per year, including State and Federal holidays, excluding scheduled maintenance.

3. The Contractor must adhere to the National Automated Clearing House

Association (NACHA) https://www.nacha.org and National Institute of

Standards and Technology (NIST) and Federal Information Processing

Standards (FIPS) https://www.nist.gov.

4. The electronic remittance management services must be equipped with security features for the purpose of maintaining the confidentiality of the data.

5. The Contractor must be able to provide DMV a list of messages or codes for both successful and unsuccessful file transfers.

6. The Contractor must be able to provide technical assistance within two hours after notification that service or remedial maintenance is required. Remedial down time must not exceed one business day per occurrence.

7. Scheduled maintenance must not exceed one business day per occurrence.

8. Contractor must coordinate with DMV prior to performing any scheduled maintenance and work with DMV staff to develop, document, test, and execute general procedures to ensure successful transactions. Procedures must be tested and documented by the Contractor.

9. Contractor must notify DMV of all modifications or upgrades to the

Contractor’s software. Software must be fully tested by the Contractor and

DMV prior to deploying to production.

10. The Contractor shall assume responsibility for completion of work identified in the Statement of Work and in accordance with Exhibit B, Information Security and Privacy Provisions (4/2022).

11. Contractor shall ensure that Contractor’s staff maintain telecommunication and internet connectivity to perform all duties required in this contract.

12. The Contractor shall prepare all work product, where applicable, in accordance with the State’s, and DMV’s, applicable business and information technology documentation standards and requirements, including format and content.

13. All tasks associated with this contract may be performed remotely and/or on-site at 2415 First Avenue, Sacramento, CA 95818, as determined by the DMV

Contract Manager. The approval to work remotely is required in writing from the DMV’s Contract Manager and Chief Information Security Officer (CISO), to ensure the work is performed within the Continental United States

(CONUS), from a secure remote connection and storage on DMV drives/servers. Contractor personnel shall perform their duties on the premises of the DMV or remotely, if approved, during DMV’s regular business days and normal work hours of 7:00 am to 5:00 pm Pacific Time except State holidays, https://www.nacha.org/ https://www.nist.gov/ except as specifically agreed to otherwise in writing by the DMV Contract

Manager. There will be no increase in hourly rates for extended hours or days.

14. If requested, the Contractor shall attend project meetings and periodic briefings for DMV’s management as indicated by the DMV Contract

Manager (refer to Section F, #6 for identification of DMV Contract Manager).

15. The Contractor Official responsible for overseeing completion of services and to whom all communications relative to those services be addressed is:

Name:

Telephone Number:

Email Address:

15. The Contractor shall provide to the DMV Contract Manager a copy of the insurances listed below within 10 calendar days after contract award, if applicable. The State requires that the Certificate Holder on the Certificate of

Insurance include the DMV’s address as: Department of Motor Vehicles, 2415 1st

Avenue, Sacramento, CA 95818, and the DMV Contract Number TCXX-XXX.

A. General Provisions Applying to All Insurance Policies

1. Coverage Term:

Coverage needs to be in force for the entire term of this Contract. If insurance expires during the term of this Contract, a new certificate of

Insurance must be received by the DMV at least ten (10) DMV business days prior to the expiration of the insurance. Any new insurance must comply with the original terms of this Contract.

2. Policy Cancellation of Termination and Notice of Non-Renewal:

The Contractor shall provide to the DMV, within five (5) DMV business days following receipt by the Contractor, a copy of any cancellation or non-renewal of insurance required under this Contract. In the event the

Contractor fails to keep the required insurance coverage in effect at all times, the DMV may, in addition to any other remedies it may have, terminate this Contract upon the occurrence of such event.

3. Deductible

The Contractor is responsible for any deductible or self-insured retention contained within their insurance program.

4. Primary Clause

Any required insurance specified under this Contract shall be primary, and not excess or contributory to any other insurance carried by the DMV.

5. Insurance Carrier Required Rating

All insurance companies must carry a rating acceptable to the

Department of General Services (DGS), Office of Risk and Insurance

Management (ORIM). Per DGS ORIM, an acceptable rating is “A” or better, and financial size category of “VII” or better to the latest edition of the A.M. Best Key Rating Guide. If the Contractor is self-insured for a portion or all of its insurance, a review of the Contractor’s financial information, including a letter of credit, may be required.

6. Endorsements

Any required endorsement must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

7. Inadequate Insurance

Inadequate insurance or lack of insurance does not negate the

Contractor’s obligations under this Contract.

B. Commercial General Liability

1. Throughout the term of this Contract, the Contractor shall provide the

DMV with a valid certificate of insurance stating that there is commercial general liability insurance presently in effect for the Contractor with limits of not less than $1,000,000.00 per occurrence for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of premises operations, independent contractors, products/completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability.

2. The insurance policy shall include the following additional insured endorsement that shall be supplied under form acceptable to DGS, ORIM:

The State of California, its officers, agents and employees are included as additional insured, but only with respect to work performed for the State of California.

C. Automobile Liability

By signing this Contract, the Contractor certifies that the Contractor and any of their employees or subcontractors using a vehicle in the performance of work under this Contract possesses valid automobile liability coverage in accordance with California Vehicle Code Sections 16450 to 16457, inclusive.

The DMV reserves the right to request proof at any time.

D. Workers Compensation

1. Throughout the term of this Contract, the Contractor shall provide the

DMV with a valid certificate of insurance stating that there is workers compensation insurance presently in effect for the Contractor, if the

Contractor employs any person, in any manner, that is subject to the

Workers Compensation Laws of California. The Contractor shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of this Contract.

Employer’s liability limits of not less than $1,000,000.00 are required. If the

Contractor does not employ any person, in any manner, so as to not become subject to the Workers Compensation Laws of California, the

Contractor shall complete and submit to the DMV Contract Administrator, a Workers Compensation Exemption Certification form.

2. In the event the Contractor becomes subject to the Workers

Compensation Laws of California during the term of this Contract as a result of hiring employees to perform required services under this Contract, the Contractor shall provide the DMV within ten (10) calendar days of hiring employee, with a valid certificate of insurance stating that there is workers compensation insurance presently in effect for the Contractor.

The Contractor shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of this Contract. Employer’s liability limits of not less than

$1,000,000.00 are required.

3. The Contractor’s workers compensation insurance policy shall be endorsed with a waiver of subrogation in favor of the State of California in the event the Contractor employs any person, in any manner, that is subject to the Workers Compensation Laws of California.

E. ELECTRONIC REMITTANCE MANAGEMENT SERVICE GENERAL BUSINESS RULES

1. The Contractor shall process payments in US dollars only, no foreign checks.

2. The Contractor shall not net any collections for contract fees or returned items incurred by the Contractor.

3. The Contractor shall transfer the collections daily into a bank account specified by DMV.

4. The Contractor shall provide a mechanism to refund the funds back to the customer when DMV is unable to match the information provided to DMV customer records and process those refunds at no additional cost to the state.

5. The Contractor shall provide a unique identifier per transaction for tracking and processing purposes.

6. The Contractor shall generate a daily electronic file, which shall be transmitted to DMV daily.

7. The daily electronic file shall provide enough transactional detail such as customer name, address, vehicle plate and/or vin number, etc. (if provided) so that DMV can reconcile the daily funds received to the DMV system.

8. The Contractor shall provide reports as requested by DMV.

F. DMV’S RESPONSIBILITIES

1. Provide access to business and technical documentation as necessary for the

Contractor to complete the tasks identified under this contract.

2. Provide access to the DMV staff, management, offices and operation areas as required to complete the tasks defined under this contract.

3. The DMV shall be available to provide general guidance, information and facilitation activities including access to DMV Subject Matter Experts such as, DMV business analyst(s), DMV system analyst(s), and DMV programming staff as necessary for the Contractor to complete the tasks defined under this Contract.

DMV shall not provide any resources to complete the Contractor responsibilities.

4. If needed, invite the Contractor to appropriate project meetings.

5. The DMV Contract Manager responsible for overseeing the Contractor's performance, the Contractor’s completion…