IFB__261-Kiosk_.doc

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

Edmund G. Brown Jr., Governor

CALIFORNIA DEPARTMENT OF CHILD SUPPORT SERVICES

P.O. Box 419064, Rancho Cordova, CA 95741-9064

DEPARTMENT OF CHILD SUPPORT SERVICES

INVITATION FOR BID (IFB) #261

Kiosk Payment Services Notice to Prospective Bidders

March 21, 2016

The California Department of Child Support Services (DCSS) invites you to review and respond to this Invitation for Bid (IFB), IFB #261 entitled “Kiosk Payment Services.” In submitting your bid, you must comply with these instructions.

Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site: http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage. If you do not have Internet access, a hard copy can be provided by contacting the person listed on this bid.

Military & Veterans Code section 999 establishes a contract participation goal of at least three percent (3%) for Disabled Veteran Enterprise (DVBE). This goal applies to a state agency’s overall contracting program. State agencies have the discretion to apply the DVBE participation goal to individual contracts. THE DCSS ELECTS TO WAIVE THE DVBE PROGRAM REQUIREMENTS IN THIS SOLICITATION, BUT OPTS TO INCLUDE THE DVBE INCENTIVE. The California DVBE Bid Incentive Instructions (09/03/09) include information about the DVBE incentive. Proposers must comply with requirements in Attachment 8. Out-of-state firms must also comply with California DVBE program requirements.

In the opinion of the Department of Child Support Services, this IFB is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is:

Shauna Ladd, Contracts and Purchasing Section

Department of Child Support Services

P.O. Box 419064

(916) 464-5363--FAX (916) 464-5064

ASDContracts@dcss.ca.gov Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

REMINDER TO ALL VENDORS: Cal eProcure is DGS’ new online platform that replaced BidSync and was launched in December 2015. It is a feature of the Financial Information System for California (FI$Cal). If you have not already done so, please register on Cal eProcure to be able to participate in any solicitations that are posted. Contract Award will only be made to vendors that are successfully registered.

Learn more at: www.dgs.ca.gov/caleprocure.

Reasonable Accommodation:

To comply with the non-discrimination requirements of the Americans with Disability Act (ADA), it is the policy of the State to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you may notify the DCSS contact above. To ensure that we can meet your need, it is best that we receive your request for reasonable modification at least five (5) working days before the scheduled event or the due date of procurement documents.

Table of Contents

Section Page

3A.

Bidder Minimum Qualifications

4B.

Bid Requirements and Information

41.

Key Action Dates:

42.

Contract Term

43.

Subcontractors

54.

Submission of Bid

75.

Evaluation and Selection

76.

Award and Protest

87.

Disposition of Bids

88.

Agreement Execution and Performance

89.

Darfur Contracting Act (Act)

910.

Iran Contracting Act

911.

Loss Leader Clause

912.

Secretary of State Certificate

9C.

Preference and Participation Programs

91.

Small Business Enterprise (SBE)

102.

Disabled Veteran Business Enterprise (DVBE) Participation Requirements

11D.

Required Attachments

12Attachment 1 – Required Attachment Checklist

13Attachment 2 – Bid/Bidder Certification Sheet

15Attachment 3 – Cost Sheet (Exhibit B.1)

16Attachment 4 – Bidder References

17Attachment 5 - Bidder Agreement With Scope of Work

20Attachment 6 – Payee Data Record

21Attachment 7 – Contractor Certification Clauses

25Attachment 8 – Darfur Contracting Act (Act)

26Attachment 9 – Iran Contract Act

27Attachment 10 – California Disabled Veteran Business Enterprise (DVBE) Bid Incentive Instructions

32Attachment 10A –Bidder Declaration

35Attachment 10B – STD 843 Disabled Veteran Business Enterprise Declarations

36Attachment 11– Workplace Policy Enforcement

37Attachment 12 - Secretary Of State Certificate

39E. SAMPLE STANDARD AGREEMENT (STD 213) CONTRACT

40Exhibit A – Scope of Work

43Exhibit B- Budget Detail and Payment Provisions

45Exhibit B.1. – Cost Sheet

46Exhibit D – Special Terms and Conditions

49Exhibit E - Information Security Provisions

Purpose and Description of Services In an effort to improve customer service and increase the efficiency and accessibility of receiving in-person child support payments, the Department of Child Support Services (DCSS) seeks a payment service provider that will accept cash, checks, credit card and debit card payments for child support through free-standing payment kiosks.

The number of kiosks will be determined by the amount of in-person payments anticipated by the Local Child Support Agencies (LCSA) and election by the LCSAs in consultation with DCSS to participate. Bidders must comply with the LCSAs and DCSS with the decision regarding placement of location and relocation of each kiosk. In addition to placing kiosks in their offices, LCSAs may choose to install kiosks in other locations, such as in court houses and/or share kiosks with other county government departments. In a survey, the LCSAs indicated interest in acquiring approximately 75 kiosks. Location or relocation of the kiosks must in the best interest of the LCSA and subject to the approval of the LCSA and DCSS.

There are a total of 51 LCSAs, each having one or multiple offices. Some have free standing office(s) and some share space with other county government operations. Specific locations have not been determined at this time; prospective bids should establish costs based with this taken into consideration as different locations may impact the bidder’s operational costs. A spreadsheet that shows the caseload size, number and amount of cash transactions and checks by LCSA is attached separately to this IFB. It is provided solely for the purpose of demonstrating historical volume and is not binding on the State as to future volume.

A kiosk was installed in the Marin LCSA office in July 2014 as a pilot. A kiosk was installed in the public library for the Napa LCSA in September 2014. Both counties continue to utilize kiosks provided by TouchPay until a statewide vendor is selected.

Presently, all credit and debit card payments are made through DCSS’ on-line web application, including any in-person payments made at LCSA offices. Payments may be made from any location by computer or mobile phone. DCSS’ payment system does not identify if whether the payment was initiated by an in-person visit, therefore, there is no way of estimating the volume of payments that may be made at a kiosk. From October 2014 through September 2015, there were 397,831 credit/debit card payments for a total of $145,389,876. For the same period, there were 234 chargebacks for a total of $275,901 and 51 reversals totaling $80,087.

In January 2015, DCSS began offering alternative cash payment services in retail stores. Offering alternative payment services may decrease the number of payments made in LCSA offices.

A. Bidder Minimum Qualifications The Bidder must demonstrate having experience in providing payment services through a large kiosk network and shall have a proven track record of successfully partnering with clients receiving similar payment services.

The Bidder must provide three (3) customer references that are similar in scope to the services required in this Bid. See Attachment 4 – Bidder References. Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed nonresponsive.

The Bidder must provide proof of a Money Transmitter License (MTL) or proof of exemption. Please indicate the license and/or certification information on Attachment 2, Bidder Certification Sheet, Section 9. Failure to submit either the Money Transmitter License or proof of exemption with your bid will cause your bid to be rejected and deemed nonresponsive.

BIDS THAT EXCEED THE COST OF MORE THAN $ 2.00 PER TRANSACTION WILL BE DEEMED NONRESPONSIVE AND DISQUALIFIED FROM CONSIDERATION FOR AWARD.

B. Bid Requirements and Information

1. Key Action Dates:

Notice of Intent to Award

April 12, 2016

All times are Pacific Time. Proposals mailed using the U.S. Postal Service may be delayed. General mail is delivered to a central mailroom at 11150 International Drive, Rancho Cordova, CA 95670. All dates after proposal submission are approximate and may be adjusted as conditions arise, without addendum to this IFB.

2. Contract Term The term of the contract shall be for a period of two (2) years, with an estimated start date of May 16, 2016 through May 15, 2018, or upon all approvals.

3. Subcontractors

a) Any subcontractor that the contractor chooses to use in fulfilling the requirement of this solicitation must also meet all the requirement of this IFB, including the minimum qualifications. If Bidder proposes the use of a subcontractor, the Bidder must also submit a list of references, Attachment 4, Bidder References, on behalf of the subcontractor.

b) Bidder may not substitute any proposed subcontractor without advance written consent of the DCSS.

4. Submission of Bid

a) All bids must be submitted under sealed cover and sent to the DCSS by dates and times shown in Section B, Bid Requirements and Information, Item 1. Key Action Dates (above). The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", as shown in the following example:

U.S. Mail* IFB – #261– Kiosk Payment Services

DEPARTMENT OF CHILD SUPPORT SERVICES

Contracts and Purchasing Section

P.O. Box 419064, MS 621 Rancho Cordova, CA 95741

Attn: Shauna Ladd, MS 621

BID – DO NOT OPEN

DUE: April 06, 2016, 2:00 PM PT Overnight or Hand Delivery** IFB – #261 – Kiosk Payment Services

DEPARTMENT OF CHILD SUPPORT SERVICES

Contracts and Purchasing Section

11150 International Drive, MS 621 Rancho Cordova, CA 95741

Receiving Unit Attn: Shauna Ladd, MS 621

BID – DO NOT OPEN

DUE: April 06, 2016, 2:00 PM PT Also include the (IFB - #261 – Kiosk Payment Services) in the subject line

*For U.S. Mail, please use P.O. Box. Use street address for all other mail.

**Deliver response to the Receiving Unit, located on the east side of the building.

Mail bids not submitted under sealed cover may be rejected. A minimum of three (3) copies (one (1) marked ORIGINAL and two (2) marked COPY), and one (1) CD copy clearly labeled to the Contract Administrator of the bid must be submitted.

a) All bids shall include the documents identified in Attachment 1, Required Attachment Checklist. Bids not including the proper "required attachments" may be deemed non-responsive. A non-responsive bid is one (1) that does not meet the basic bid requirements.

b) All documents requiring a signature must bear an original, wet signature and must be signed in blue ink with a person authorized to bind the bidding firm.

c) Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected.

d) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The State may reject any or all bids and may waive an immaterial deviation in a bid. The State's waiver of an immaterial deviation shall in no way modify the IFB document or excuse the Bidder from full compliance with all requirements if awarded the agreement.

e) Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the Bidder and shall not be charged to the State of California.

f) An individual who is authorized to bind the Bidder contractually shall sign Attachment 2, Bid/Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected.

g) If the Bidder’s firm is a certified small, micro-business, or Disabled Veteran Business Enterprise (DVBE), please complete Attachment 10A, Bidder Declaration, in response to this bid.

h) A Bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered.

i) A Bidder may withdraw its bid by submitting a written withdrawal request to the State, signed by the Bidder or an authorized agent. A Bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline.

j) The awarding agency may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

k) The awarding agency reserves the right to reject all bids. The agency is not required to award an agreement.

l) Before submitting a response to this solicitation, Bidders should review, correct all errors and confirm compliance with the IFB requirements.

m) The State does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

n) No oral understanding or agreement shall be binding on either party.

5. Evaluation and Selection

a) At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB.

b) The State will evaluate each bid to determine its responsiveness to the published requirements. To be considered responsive, Bidders must certify that they agree to each Contractor Task by initialing “Yes” next to each contractor task and signing Attachment 5, Bidder Agreement with Scope of Work.

c) Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the Bidder, may be rejected.

d) Award, if made, will be to the responsive, responsible Bidder with the lowest bid amount.

e) In the event of a tie, the DCSS shall determine the tiebreaker by a coin toss or an ace-high draw of playing cards. Such an event must be observed by witnesses.

6. Award and Protest

a) Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low Bidder, the low Bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement.

b) Upon written request by any Bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement.

c) If any Bidder, prior to the award of agreement, files a written protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, West Sacramento, CA 95605 and the DCSS on the grounds that the (protesting) Bidder is the lowest responsive responsible Bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter.

d) Within five (5) calendar days after filing the initial protest, the protesting Bidder shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, West Sacramento, California 95605. A copy of the detailed written statement should be mailed to the awarding agency. It is suggested that you submit any protest by certified or registered mail.

e) Upon resolution of the protest and award of the agreement, Contractor must complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at:

http://www.osp.dgs.ca.gov/StandardForms/default.html No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

f) Upon resolution of the protest and award of the agreement, Contractor must sign and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at:

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx This document is only required if the Bidder has not submitted this form to the awarding agency within the last three (3) years.

7. Disposition of Bids

a) Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

b) Bid packages may be returned only at the Bidder's expense, unless such expense is waived by the awarding agency.

8. Agreement Execution and Performance

a) Performance shall start no later than the express date set by the awarding agency and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's bid price and the actual cost of performing work by the second lowest Bidder or by another contractor.

b) All performance under the agreement shall be completed on or before the termination date of the agreement.

9. Darfur Contracting Act (Act) All Bidders must address the requirements of the Darfur Contracting Act of 2008 for the reason described in Public Contract Code section 10475. Refer to Attachment 8, Darfur Contracting Act (Act). Any scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for contract with a State agency for goods or services. A scrutinized company is defined in Public Contract Code section 10476. However, bids may be submitted by scrutinized companies if permission is obtained first from the Department of General Services according to the criteria set forth in Public Contract Code Section 10477(b).

10. Iran Contracting Act

All Bidders must address the requirements of the Iran Contracting Act of 2011 for the reason described in Public Contract Code sections 2202-2208. Refer to Attachment 9, Iran Contracting Act for further instructions.

11. Loss Leader Clause It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

12. Secretary of State Certificate

When agreements are to be performed in the state by corporations; the contracting agencies will be verifying that the Vendor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. Information regarding this requirement is available on the Secretary of State’s website at: http://www.ss.ca.gov

13. License

All Bidders must provide proof of Money Transmitter License (MTL) or proof of exemption.

C. Preference and Participation Programs

1. Small Business Enterprise (SBE)

a) Small Business 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. The new regulations can be viewed at (www.pd.dgs.ca.gov/smbus). 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) Non-Small Business Subcontractor Preferences: A 5% bid preference is now available to a non-small business claiming 25% California certified small business subcontractor participation.

c) 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.

d) Attachment with Bid required if claiming the Small Business Preference: All Bidders must complete and include Attachment 10A, Bidder Declaration, if claiming the non-small business subcontractor preference. The form must list all the California certified small businesses with which you commit to subcontract in an amount of a least twenty-five 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).

The State of California provides a five percent (5%) preference to certified Small Business (SB) Bidders. The standard contract language for the preference programs can be found at http://www.pd.dgs.ca.gov/smbus/default.htm. For the purposes of this section, the definitions specified in Title 2, California Code of Regulations (CCR), §1896.4 shall apply unless otherwise noted.

2.

Disabled Veteran Business Enterprise (DVBE) Participation Requirements

a) Subject to exceptions in the Government Code and pursuant to regulations, State law requires awarding agencies to have an annual participation goal of three percent (3%) for disabled veteran-owned business enterprises. The DCSS elects to waive the DVBE Program Requirements in this solicitation, but opts to include the DVBE incentive.

b) For more information about the DVBE incentive refer to Attachment 10, California DVBE Bid Incentive Instructions.

c) 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)).

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.

e) 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 the rights and remedies due to the State, and penalties as outlined in M&VC § 999.9; Public Contract Code (PCC) § 10115.10, or PCC § 4110 (applies to public works only). Attachment 10, California DVBE Bid Incentive Instructions (09/03/09) includes information about the DVBE incentive.

f) Attachment 10B, STD 843 DVBE Declarations: If applicable, the disabled veteran (DV) owner(s) and DV manager(s) of the DVBE must complete this declaration when a DVBE contractor or subcontractor will provide materials, supplies, services or equipment (Military and Veterans Code Section 999.2).

g) Bidders must complete and sign this form Attachment 10B and submit with bid.

D. Required Attachments Refer to the following pages for additional Required Attachments that are a part of this agreement.

Attachment 1 – Required Attachment Checklist A complete bid or bid package will consist of the items identified below.

Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be returned. This checklist should be returned with your bid package also.

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

FORMCHECKBOX

Attachment 12

Attachment 13 Secretary of State Certificate

Copy of Money Transfer License or Proof of exemption

**These documents are not required with the bid package but are required upon award of the contract.

Attachment 2 – Bid/Bidder Certification Sheet This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions.

A. Our all-inclusive bid is submitted as detailed in Attachment 3, Cost Sheet.

B. All required attachments are included with this certification sheet.

C. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification.

An Unsigned Bid/Bidder Certification Sheet May Be Cause for Rejection

3. Address

Indicate your organization type:

4. FORMCHECKBOX

Sole Proprietorship

5. FORMCHECKBOX

Partnership

6. FORMCHECKBOX

Corporation

Indicate the applicable employee and/or corporation number:

9. Indicate applicable license and/or certification information, including, but not limited to any required money transmitter license(s) or proof of exemption: (See page 4, Section A of this IFB).

MTL #_____________________ If yes, please submit copy of License. If no, please submit proof of exemption.

14. Are you certified with the Department of General Services, Office of Small Business and DVBE Services (OSDS) as:

a. California Small Business

Yes FORMCHECKBOX No FORMCHECKBOX

If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes FORMCHECKBOX No FORMCHECKBOX

If yes, enter your service code below:

NOTE: A copy of your Certification is required to be included if either of the above items is checked “Yes”.

Date application was submitted to OSDS, if an application is pending: _____________________

Completion Instructions for Bid/Bidder Certification Sheet Complete the numbered items on the

Bid/Bidder Certification Sheet by following the instructions below.

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10, 11, 12, 13 Must be completed. These items are self-explanatory.

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one (1) or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSDS.

Attachment 3 – Cost Sheet (Exhibit B.1)

Instructions to Bidders

The successful bidder will be paid a flat fee per transaction plus a monthly maintenance and operation fee for each kiosk. The flat fee per transaction applies to all child support payment types (cash, check, credit, and debit card) and shall not exceed $2.00 per transaction. The flat fee per transaction and the monthly maintenance and operation (M&O) fee for each kiosk shall remain firm and fixed for the term of the Contract. The transaction fee will be paid by the user making the transaction. The maintenance and operation fee will be paid by DCSS on a monthly basis.

The successful bidder will be reimbursed separately for actual merchant fees, including interchange charges, service charges and fees associated with child support credit and debit card payments itemized on the monthly invoice.

THE BIDDER MUST BID:

THE FLAT FEE PER TRANSACTION $______ X 200,000 TRANSACTIONS = $_________

The Monthly M&O fee $______ X 75 kiosks X 12 months =

CONTRACT TOTAL $__________

The multipliers are strictly hypothetical for comparison purposes only.

Signature of Authorized Representative:

By signing this document Bidder is making a firm, irrevocable offer for thirty (30) days from the date of submission.

FAILURE TO SIGN IS GROUNDS FOR REJECTION.

Signature of Authorized Representative:

Print Name:

Title:

Date:

Attachment 4 – Bidder References Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed nonresponsive.

List below three (3) references for services performed within the last three (3) years, which are similar to the scope of work to be performed in this contract.

REFERENCE 1

Name of Firm

Street Address

Brief Description of Service Provided

REFERENCE 2

Name of Firm

Brief Description of Service Provided

REFERENCE 3

Name of Firm

Brief Description of Service Provided

Attachment 5 - Bidder Agreement with Scope of Work The Bidder must address each Contractor’s task described in Exhibit A, Scope of Work (SOW), Section 3 and listed below. By initialing “Yes” the Bidder is certifying that they can perform the task. Please initial “Yes”(Y) or “No” (N) next to each task listed below, and submit this required Attachment in the bid package:

___Y ___N Comply with DCSS and the Local Child Support Agencies (LCSA) with the decision regarding placement location or relocation of each Kiosk machines.

___Y ___N Work with DCSS and the LCSAs to develop an installation plan for LCSAs choosing to participate in the payment services contract.

___Y ___N Assume all costs associated with this Scope of Work including hardware, software, consumables, maintenance, credit/debit card related processing costs (excluding merchant fees) and costs required to process and pick up cash and checks.

___Y ___N Provide kiosks that are usable 24/7/365, depending on the location as determined by the LCSA.

___Y ___N Ensure that each kiosk includes reliable equipment with no or very minimal down time, not to exceed 2% annually.

___Y ___N Money Transmitter License (MTL) or proof of Exemption must remain in good standing for the life of the contract. See Section A. Bidder Minimum Qualifications.

___Y ___N Retain title to all hardware and bear the risk of loss or damage to that hardware.

___Y ___N Accept cash, checks, credit cards and debit cards from payers for the purpose of transferring payments from the payer to the DCSS State Disbursement Unit (SDU).

___Y ___N Guarantee funds to DCSS once cash, checks and approved credit and debit card transactions are accepted. No credit or debit card chargebacks will be incurred by the DCSS.

___Y ___N Remit child support payments and payment information electronically through the Automated Clearing House (ACH) Network to the SDU. The Child Support Application Banking Convention forms the basis for remitting payments together with remittance detail using the NACHA CCD+ format.

___Y ___N Initiate an ACH credit to the California SDU designated account within 48 hours of the transaction—cash and approved checks, credit and debit payments.

___Y ___N Monitor and manage kiosks in real-time and perform all necessary maintenance timely when repairs or equipment replacement is needed with no intervention or responsibility by the LCSAs or DCSS.

___Y ___N Pick up cash timely so that transactions are never prevented due to the kiosk reaching the maximum cash amount that can be accepted.

___Y ___N Provide the ability to view payments in real-time via the Internet with search capabilities by participant identifier number, name, payment location and time.

___Y ___N Provide daily reports electronically to LCSAs and DCSS that include participant identifier- number (13-15 numeric characters), name, phone number, payment location and time, transaction amount, transaction type and fees related to child support payment transactions broken down by LCSA.

___Y ___N Ensure monies in transit are handled by a FDIC insured bank.

___Y ___N Provide monitors that allow advertising and communication of messages to payers from DCSS.

___Y ___N Ensure kiosks include at a minimum, English and Spanish language capabilities.

___Y ___N Ensure that identifying information (name, participant identifier number, address and phone number) can be manually entered or scanned and that payers will receive an accurate and legible receipt at the time of payment.

___Y ___N Provide back-up information for credit and debit card merchant fees related to child support payments to be reimbursed to the contractor, as part of the monthly invoice.

___Y ___N Be responsible for responding to and resolving all claims, inquiries or complaints arising out the acceptance and remittance of payments in a timely fashion.

___Y ___N Prominently display the contractor’s customer service number and provide English and Spanish, at a minimum, customer support to the LCSA and payers for all hours of operation.

___Y ___N Ensure that a back-up plan is fully operational at all times in the event of a power-outage or other catastrophe so that no data will be lost or compromised and that processing will continue with minimal disruption. The back-up plan should delineate in detail the steps that the contractor should take to minimize the disruption of the workflow in the event of a disaster. The Contractor must test this plan annually to ensure the on-going functionality of the system.

___Y ___N Ensure and guarantee complete confidentiality of all client information and all data security requirements as described in Exhibit E, Information Security Provisions.

___Y ___N Relocate a kiosk to a specified location when requested by DCSS and/or the LCSAs in a timely fashion. The LCSAs, in coordination with DCSS, will determine kiosk locations that best meet the needs of DCSS and LCSA customers.

Signature of Authorized Representative:

To be considered responsive, Bidders must certify that they agree to each Contractor’s Task by initialing “Yes” next to each contractor task listed on the preceding pages.

Failure to sign is grounds for rejection.

Signature of Authorized Representative:

Date:

Attachment 6 – Payee Data Record

This will be required at contract award

The Payee Data record is available online at Payee Data Record . http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf This is a .pdf fill and print form. You must have Adobe Acrobat 4.0 or higher to use this feature. It is acceptable to print the form and complete it manually.

Please return the completed form to:

DEPARTMENT OF CHILD SUPPORT SERVICES

Contracts and Purchasing Section

Attn: Shauna Ladd P.O. Box 419064, MS 621

Rancho Cordova, CA 95741

Attachment 7 – Contractor Certification Clauses This will be required at contract award

CCC-307 CERTIFICATION

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature)

Printed Name and Title of Person Signing

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

1) the dangers of drug abuse in the workplace;

2) the person's or organization's policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company's drug-free workplace policy statement; and,

2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:

a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.

b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3.

DOING BUSINESS WITH THE STATE OF CALIFORNIA

The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):

a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):

a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.

c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

9. SECRETARY OF STATE CERTIFICATE: When agreements are to be performed in the state by corporations; the contracting agencies will be verifying that the Vendor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.

Attachment 8 – Darfur Contracting Act (Act)

DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code Sections 10475 - 10481 applies to any company that currently or within the previous three (3) years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within…