State of California Franchise Tax Board

IFB FTB-2627-106

ATTACHMENT 14: AUTHORIZED ORIGINAL SIGNATURE

INVITATION FOR BID (IFB)

iCapture Software & IBML Hardware Maintenance & Support Renewal

May 21, 2026

STATE OF CALIFORNIA

FRANCHISE TAX BOARD (FTB)

PO BOX 2086

RANCHO CORDOVA, CA 95741-2086

DRAFT - 05/21/2026 MODEL RFP

I. INTRODUCTION

The California (CA) Franchise Tax Board (FTB), hereinafter referred to as “FTB” or the “State”, is seeking to contract with a vendor to renew iCapture and Tangent software and IBML Scanner hardware maintenance and support. This FTB Solicitation Invitation for Bid (IFB) contains instructions governing the requirements intended for a firm quotation to be submitted by prospective bidders. This solicitation addresses all bidders’ requirements and responsibilities that must be met in order to be eligible for consideration. The format the bid information is to be submitted and the material to be included herein follows.

II. BIDDING STEPS

A. BID DELIVERY

Bidders are required to submit an electronic bid response to the following e-mail address: Tommy.Yu@ftb.ca.gov by the due date and time identified in this solicitation. Please maintain a record of your e-mailed response as proof of timely submittal. E-mails will be opened and reviewed during the evaluation phase.

KEY ACTION DATES

(via email only)

(via email only)

Location and Time: TBD

1The Notice of Intent to Award shall be published on Cal eProcure in the same location as the solicitation was published: Bid opportunities in the California State Contracts Register (CSCR).

All dates after the Last day to Submit Final Bids are approximate and may be adjusted as conditions indicate without addendum to this solicitation.

State of California

B. AWARD OF AGREEMENT

Agreement award, if made, will be on the basis of individual items or the basis of all items included in this solicitation to the responsive, responsible bidder with the lowest net cost (excluding applicable sales tax) meeting all requirements of this IFB document and any addenda thereto, except for such immaterial defects as may be waived by the State. The State may accept any item or group of items of any response. Agreement award, if made, will be made within ninety (90) days after the scheduled date for Agreement award as specified in the IFB; however, a bidder may extend the offer beyond 90 days in the event of a delay of Agreement award.

C. TIE-BREAK PROCESS

In the event of a precise tie, if Government Code Section 14838(f) does not apply to bidders, a witnessed drawing of lots will be conducted by the Procurement Official. If a drawing of lots is needed, the Procurement Official will schedule and arrange for a drawing and non-partisan witnesses; notifying the participating bidders of the outcome of the drawing.

D. RESPONSIVE BIDDER

A supplier who provides a bid response that is compliant with solicitation requirements and indicates performance without material deviation from the terms and conditions of the proposed Agreement.

E. RESPONSIBLE BIDDER

A supplier who possesses the experience, facilities, reputation, financial resources and other factors existing at the time of Agreement award.

The State may require a bidder(s) to submit evidence of their qualifications at such times and under conditions, as it may deem necessary. The question of whether a particular bidder is a responsible bidder may involve an evaluation of the bidder’s experience, type of facility, expertise or financial resources regarding the particular items requested by the pertinent solicitation. If a bidder has been determined to be non-responsible, the bid shall be rejected.

F. PROTESTS

Before a protest is submitted regarding any issue other than selection of the "successful bidder," the bidder must make full and timely use of the procedures described herein to resolve any outstanding issue(s) between the bidder and the State. The procurement procedure is designed to give the bidder and the State adequate opportunity to submit questions and discuss the requirements, proposals and counter proposals before the Final Bid is due. The protest procedure is made available in the event that a bidder cannot reach a fair Agreement with the State after exhausting these procedures. There are two types of protests: requirements (initial) protests and award protests. A protest shall be submitted according to the procedure below. Protests regarding any issue other than selection of the "successful bidder" are requirements protests and will be heard and resolved by the Deputy Director of the Department of General Services, Procurement Division, whose decision will be final.

An award protest is where a bidder has submitted a bid which it believes to be totally responsive to the requirements of the IFB and to be the bid that should have been selected according to the evaluation procedure in the Section on EVALUATION and the bidder believes the State has incorrectly selected another bidder for award. For this situation, the bidder may submit a protest of the selection as described below. Protests regarding selection of the "successful bidder" will be heard and resolved by the Victims Compensation and Government Claims Board, whose decision will be final.

All protests of award must be made in writing, signed by an individual authorized to bind the bidder contractually and financially, and contain a statement of the reason(s) for protest; citing the law, rule, regulation or procedure on which the protest is based. The protester must provide facts and evidence to support the claim. Protests must be mailed or delivered to:

Street and Mailing Address:

Deputy Director Procurement Division 707 Third Street, Second Floor South West Sacramento, CA 95605 Facsimile No.: (916) 375-4611 PDProtest@dgs.ca.gov

All protests to the IFB requirements or procedures must be received by the DGS Procurement Division Deputy Director as promptly as possible, but not later than the respective time and date in the Key Action Dates. Protests concerning the evaluation, recommendation, or other aspects of the selection process must be received by the Deputy Director of the Procurement Division as promptly as possible, but not later than the respective time and date specified in the Key Action Dates for such protests or the respective date of the Notification of Intent to Award, whichever is later. Certified or registered mail must be used unless delivered in person, in which case the protester should obtain a receipt of delivery.

G. BID SUBMISSION INSTRUCTIONS

Bidders should be aware that marking the Bid with “confidential” or “proprietary” may exclude it from consideration for award.

Bids are to be sent electronically to the following address: Tommy.Yu@ftb.ca.gov The subject line should read: “IFB FTB-2627-106” “Your Company’s Name”. Bids not received by the date and time specified in the Key Action Dates, will be rejected.

Emailed Responses: The State reserves the right to consider authorized emailed responses as properly “sealed” if received prior to the closing time specified. Authorized emailed IFB responses will be considered only if they are sent to the email address listed above. IFB responses sent to any other email address (unless otherwise specified) will not be considered. To be considered, all pages of an emailed IFB response must be completely received prior to the IFB response due date and time specified in this IFB.

** IMPORTANT SUPPLIER NOTE**

Only bids submitted on the State's own bid form will be considered. Bids submitted referencing supplier attachments, which include legal terms and conditions that conflict with the State's General Provisions shall be considered non-responsive and such bids may be rejected.

H. PROCUREMENT OFFICIAL

The Procurement Official is the state’s designated authorized representative regarding this procurement.

Bidders are directed to communicate with the Procurement Official to submit questions, submit bids, and submit all other formal correspondence regarding this procurement.

Tommy Yu, Procurement Official Phone: 916.845.7802 Email: Tommy.Yu@ftb.ca.gov

I. QUESTIONS/REQUESTS FOR CHANGES TO SOLICITATION

1. Bidders requiring clarification of the intent, terms and conditions, content of this solicitation or on procedural matters regarding the competitive bid process may request clarification by submitting questions using Attachment 1, Template for Question Submittal, in an e-mail (using the solicitation identification on the solicitation title page), to the Procurement Official listed above. To ensure a response, questions must be received in writing by the scheduled date(s) given in the Key Action Dates. Question and answer sets will be provided to all bidders without identifying the submitters. At the sole discretion of the State, questions may be paraphrased by the State for clarity.

2. A bidder who desires clarification or further information on the content of the solicitation, but whose questions relate to the proprietary aspect of that bidder’s bid and which, if disclosed to other bidders, would expose that bidder’s bid, may submit such questions in the same manner as above, but also marked “CONFIDENTIAL,” and not later than the scheduled date specified in the KEY ACTION DATES to ensure a response. The bidder must explain why any questions are sensitive in nature. If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the bid, the question will be answered and both the question and answer will be kept in confidence. If the State does not concur with the proprietary aspect of the question, the question will not be answered and the bidder will be so notified.

3. Every attempt has been made to produce complete specifications for this IFB. Should the Bidder discover any ambiguity, conflict, omission or other error in the IFB, or have any questions concerning interpretation or clarification, the Bidder shall immediately notify the State of such in writing and request clarification or modification of the document. The bidder may request a change to the solicitation by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change using Attachment 2, Template for Request for Changes Submittal. Such request must be submitted to the Procurement Official by the date specified in the KEY ACTION DATES for submitting a request for change. Bidders must include the Bidder’s name, the business name, phone number, and this IFB name and number. Questions not submitted by the Key Action Date shall be answered at FTB’s option. Oral responses shall not be binding on the State. Bidders must submit any request for changes, by the key action date.

4. Upon FTB completion of review, all questions received by the date and time specified in Section A. Bid Delivery, Key Action Dates Table will be answered in writing and posted to the original advertisement on the Cal eProcure website by the Key Action Date identified above. The Question-and-Answer Set will state each question, but not the source of the question, along with the State’s response. If there are any changes to the IFB as a result of any questions, there will be an IFB addendum that will become part of the IFB, and posted to the original IFB advertisement on Cal eProcure. Only written responses shall be considered binding. Bidders should rely on written, rather than verbal, responses from the State. The State reserves the right to cancel or modify this IFB, in whole or in part.

5. An error in the Final Bid may cause the rejection of that bid; however, the State may at its sole option retain the bid and make certain immaterial corrections, including obvious clerical errors.

J. BIDDER INSTRUCTIONS (MANDATORY)

The Bidder Instructions to this solicitation are located at the link below:

https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/DGSPD%20451.pdf K. GENERAL PROVISIONS - INFORMATION TECHNOLOGY (IT) NON-CLOUD GOODS & SERVICES, DGS PD 403-ITGP (Non-Cloud) The Agreement awarded as a result of this solicitation shall automatically incorporate General Provisions - Information Technology herein by reference to: DGS PD-403 ITGP (Non-Cloud) (Revised and Effective 02/20/2025). Published at https://www.dgs.ca.gov/PD L. GENERAL PROVISIONS - IT -CLOUD COMPUTING - SERVICES 402-ITGP (Cloud) If the bidder’s solution includes commercial Software as a Service (SaaS) as part of the solution, the Agreement awarded, as a result of this solicitation shall automatically incorporate General Provisions - Information Technology – General Provisions Cloud Computing Services- herein by reference to: DGS PD-402ITGP (Cloud) (Revised and Effective 02/20/2025). Published at https://www.dgs.ca.gov/PD

M. CONFIDENTIALITY STATEMENT (MANDATORY)

Bidders must agree to the State’s confidentiality requirements by submitting a signed Attachment 3, Confidentiality Statement for the bidder’s firm. The completed Confidentiality Statement must be submitted with the bidder’s response to this IFB.

The bidder engaging in services pertaining to this solicitation, requiring 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.

The bidder will also be required, upon Agreement award, to submit a signed Confidentiality Statement from all personnel, agents, and subcontractors assigned to the awarded Agreement.

N. GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI)

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI, while balancing the risks of these technologies.

Bidder/Offeror must notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) 4986.2.

Failure to report GenAI to the State may result in disqualification. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon notification by a Bidder/Offeror of GenAI as required, 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.

Government Code 11549.64 defines “Generative Artificial Intelligence (GenAI)” as an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.

O. CALIFORNIA SELLER’S PERMIT

This bid is subject to all requirements set forth in §6452, §6487, §7101 and §18510 of the Revenue and Taxation Code, and §10295 of the Public Contract Code, requiring bidders to provide a copy of their retailer’s seller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates issued by the California Department of Tax and Fee Administration .

Bidders must complete and submit Attachment 4, Seller’s Permit Certification. For more information on seller’s permit or certification of registration, refer to the following links:

https://www.cdtfa.ca.gov/formspubs/pubs.htm https://www.cdfta.ca.gov/formspubs/pub73.pdf

P. RECYCLED CONTENT PRODUCTS

State agencies are required to report purchases in many product categories. In order to comply with those requirements, suppliers are required to complete and return a Recycled Content Certification form with their IFB response. The supplier may certify that the product or material contains zero recycled content. Failure to complete and return the form may disqualify the IFB response from consideration.

Bidders must complete and submit Attachment 5, Postconsumer Recycled-Content Certification. Click on the following link to access the form:

Postconsumer Recycled-Content Certification (CalRecycle form 74)

Q. PAYEE DATA RECORD

The Payee Data Record (STD.204) indicates the bidder is subject to state income tax withholdings pursuant to California Revenue and Taxation Code §18662.

Bidders must complete Attachment 6, Payee Data Record, and submit it with their bid. The bidder must provide the company’s Federal Employer Identification Number (Business IRS Number) with their Final Bid submission on this form. The form can be located at the following website:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf Payments to nonresidents may be subject to withholding. Please refer to reverse side of the STD. 204 or, for complete details, please see the applicable forms and instructions found on FTB's Nonresidents Withholding page.

The Payee Data Record Supplemental (STD. 205) The STD. 205 must be used to provide the supplier’s remittance address information if different than the mailing address on the STD. 204. This form allows suppliers to provide up to five (5) additional remittance addresses and identify up to three (3) additional authorized representatives for the payee. Refer to the following website link for more details:

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std205.pdf

R. IRAN CONTRACTING ACT OF 2010

Division 2, Part 1, Chapter 2.7 of the PCC is the Iran Contracting Act of 2010. This Act §2203 requires that no one shall submit a bid for a contract, or enter into or renew a contract, with a public entity for goods or services valued at $1,000,000 or more if that person (i.e., bidder or contractor) engages in investment activities of $20,000,000 or more as described in PCC §2202.5 pursuant to all provisions of the Iran Contracting Act of 2010. The Iran Contracting Act of 2010, at §2204 requires bidders to certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of PCC §2203 as a person engaging in investment activities in Iran described in subdivision (a) of PCC §2202.5, or as a person described in subdivision (b) of PCC §2202.5, as applicable.

Bidders must complete Attachment 7, Iran Contracting Act of 2010, and submit with their Final Bid, and again each time their awarded contract is renewed.

S. BIDDER DECLARATION FORM (MANDATORY)

All bidders must complete Attachment 8, Bidder Declaration (GSPD-05-105), and include it with the bid. When completing the declaration, the bidder must identify all subcontractors proposed for participation in the contract. The bidder awarded the contract is contractually obligated to use the subcontractors for the corresponding work identified, unless the Agency/State entity agrees to a substitution and it is incorporated, in writing. If the bidder is not using subcontractors, complete Attachment 9 answering the applicable questions and return with the Final Bid. The form is also available at:

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

T. PRIMARY BIDDER

An award, if made, will be to a primary bidder. The awarded primary bidder will be responsible for successful performance of all subcontractors and support services offered in response to this solicitation. All State policies, guidelines, and requirements that apply to the primary bidder also apply to subcontractors, as applicable to the products and services they provide and to their role as a subcontractor. Furthermore, the State will consider the primary bidder to be the sole point of contact regarding contractual matters for the term of the resulting contract. The bidder shall not assign financial documents to a third-party without prior written approval by the State, and an amendment to the resulting contract.

U. SUBCONTRACTORS

It is the bidder’s responsibility to ensure any subcontractor that the bidder chooses to use in fulfilling the requirements of this solicitation, which is expected to receive more than ten percent (10%) of the value of the contract, must also meet all administrative, and bid requirements of the solicitation, as applicable to the services provided by the subcontractor.

Nothing contained in the resulting contract shall create any relationship between the State and any subcontractors, and no subcontract shall relieve the bidder of its responsibilities and obligations. The bidder is fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them.

The Contractor shall not change subcontractor(s) and/or DVBE subcontractor(s) if such changes conflict with the work to be performed under this contract. For DVBE subcontractor changes, the contractor shall utilize another DVBE subcontractor. The State recognizes that changes to subcontractor(s) may be necessary and in the best interests of the State; however, advance notification of a contemplated change and the reasons for such change must be made to the State no less than seven (7) business days prior to the existing subcontractor’s termination. If this should occur, the contractor should be aware that the State contract administrator or designee must approve any changes to the subcontractor(s) prior to the termination of the existing subcontractor(s). This also includes any changes made between submittal of the Final Bid and actual start of the contract.

The bidder’s obligation to pay its subcontracts is an independent obligation from the State’s obligation to pay or to enforce the payment of any money to any subcontractor. The Contractor is solely responsible for any payments to or claims made by subcontractors.

V. VERIFICATION OF CALIFORNIA TAX STATUS

Acceptable verification results are required prior to Agreement award.

W. CERTIFICATION FOR PUBLIC CONTRACT CODE 2010

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:

Bidders must complete and submit Attachment 10, California Civil Rights Laws Certification.

Click on the following link to access the form: California Civil Rights Laws Certification

X. DISABLED VETERAN BUSINESS ENTERPRISE PROGRAM

The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts are established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq.

PLEASE READ THESE REQUIREMENTS CAREFULLY.

DVBE Participation Requirement For the purposes of this solicitation, the DVBE Participation Requirement has been waived; however, the DVBE Bid Incentive will still be applied.

DVBE Incentive In accordance with §999.5(a) of the Military and Veterans Code, an incentive will be given to all bidders who provide DVBE participation. For Agreement award evaluation purposes only, the State shall apply an incentive to bids that propose California certified DVBE participation as identified in the Bidder Declaration (GSPD-05-105) and confirmed by the State. The incentive amount for awards based on low price will be applied as follows:

Confirmed DVBE Participation of:

5.0% and Above

4.0% to 4.9%

3.0% to 3.9%

2.0% to 2.9%

1.0% to 1.9%

DVBE Incentive:

5%

4%

3%

2%

1%

The net bid price of responsive bids will be reduced (for evaluation purposes only) by the amount of DVBE incentive as applied to the lowest responsive net bid price. If the #1 ranked responsive, responsible bid is a California certified small business, the only bidders eligible for the incentive will be California certified small business. The incentive adjustment for awards based on low price cannot exceed five percent (5%) or $100,000, whichever is less, of the #1 ranked net bid price. When used in combination with a preference adjustment, the cumulative adjustment amount cannot exceed 15 percent (15%) or $100,000, whichever is less.

Bidders claiming a DVBE incentive must complete and submit Attachment 8, Bidder Declaration (GSPD-05-105), Attachment 11, DVBE Declarations (STD. 843) and Attachment 12, Bidding Preferences and Incentives (MANDATORY). If bidder is not using subcontractors, complete Attachment 10 answering the applicable questions and return with Final Bid.

Y. DISABLED VETERAN BUSINESS ENTERPRISE SUBSTITUTION

The 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 the 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, or PCC § 4110 (applies to public works only).

Z. SMALL BUSINESS PREFERENCES AND CERTIFICATION

§14835 et seq. of the California Government Code requires that a five percent (5%) preference be given to bidders who qualify as a Small Business (SB). The maximum preference allowed for Small Business cannot exceed $50,000 for any bid. In combination with any other preference (Target Area Contract Preference Act (TACPA), SB, non-SB subcontracting participation, recycled, etc.), the maximum limit of the combined preference is fifteen percent (15%) of the bid amount and, in no case, shall be more than $100,000.00 per bid, whichever is less. The rules and regulations of this law, including the definition of a small business, or qualifying non-small business, are contained in Title 2, California Code of Regulations, §1896 et seq. The definition of nonprofit veteran service agencies qualifying as a small business is contained in §999.50 et seq. of the Military and Veterans Code.

Bidders claiming the Small Business Preference must complete and submit Attachment 12, Bidding Preferences and Incentives (MANDATORY) and Attachment 9, Bidder Declaration (GSPD-05-105). If bidder is not using subcontractors, complete Attachment 9 answering the applicable questions and return with the Final Bid.

AA. NON-SMALL BUSINESS SUBCONTRACTOR PREFERENCE

A five percent (5%) bid preference is available to bidders who qualify as a non-small business claiming at least 25 percent (25%) California certified small business subcontractor participation. The maximum preference allowed for Small Business (SB) cannot exceed $50,000 for any bid. In combination with any other preference (Target Area Contract Preference Act (TACPA), SB, non-SB subcontracting participation, recycled, etc.), the maximum limit of the combined preference is fifteen percent (15%) of the bid amount and, in no case, shall be more than $100,000.00 per bid, whichever is less. If claiming the non-small business subcontractor preference, the bidder’s response must include a list of the small businesses with which the firm commits to subcontract in an amount of at least 25 percent (25%) of the net bid price with one (1) or more California-certified small businesses. Each listed certified small business must perform a “commercially useful function” in the performance of the contract as defined in Government Code §14838(b)(1)(2).

Bidders claiming the five percent (5%) preference must commit to subcontract at least 25 percent (25%) of the net bid price with one (1) 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 p.m. of the bid due date, and the OSDS must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

The preference to a non-small business firm that commits to small business or microbusiness subcontractor participation of 25 percent (25%) of its net bid price shall be five percent (5%) of either the lowest responsive, responsible firm’s price or the lowest responsive, responsible firm’s total cost. A non-small business, which qualifies for this preference, may not take an award away from a certified small business.

If claiming a non-small business preference or using small business subcontractors, the bidder must complete and submit Attachment 8, Bidder Declaration (GSPD-05-105) and Attachment 11, Bidding Preferences and Incentives (MANDATORY). If bidder is not using subcontractors, complete Attachment 8 answering the applicable questions and return with the Final Bid.

AB. SMALL BUSINESS NONPROFIT VETERAN SERVICE AGENCIES

Small Business Nonprofit Veteran Service Agencies (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.

AC. COMMERCIALLY USEFUL FUNCTION

All certified small business, micro business, and/or DVBE Contractors, subcontractors or suppliers must meet the commercially useful function requirements under Government Code Section 14837 (for SB), Military and Veterans Code Section 999 (for DVBE), and Title II California Code of Regulations, Section 1896.4 and 1896.62.

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor’s, subcontractor(s), or supplier’s role is limited to that of an extra participant in the transaction, the awarded contract, or project through which funds are passed to obtain the appearance of small business or micro business participation.

Bidders must complete Attachment 12, Commercially Useful Function Certification. All bidders and subcontractors identified in the bid response to fulfill the requirements for one (1) or more of the socio-economic programs (DVBE and small business) must perform a commercially useful function (CUF) in the resulting contract. CUF is defined pursuant to Military and Veterans Code §999(b)(5)(B) and Government Code §14837(d)(4)(A) for the DVBE and small business programs, respectively.

Bidders claiming one (1) or more of the socio-economic programs must complete and submit as part of the Final Bid response, Attachment 8, Bidder Declaration (GSPD-05-105), also available at:

www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf If bidder is not using subcontractors, complete Attachment 9 answering the applicable questions and return with the Final Bid.

Bidder(s) may be required to submit additional written clarifying information regarding CUF on Attachment 12, Commercially Useful Function Certification. Failure to submit the requested written information as specified may be grounds for bid rejection.

AD. TACPA PREFERENCE FORMS

This solicitation provides for the optional Target Area Contract Preference Act (TACPA) preference. Bidders are not required to apply for this preference. Denial of the TACPA preference request is not a basis for rejection of the bid/offer.

The TACPA workplace and workforce preferences will be evaluated for this solicitation. California-based companies seeking TACPA preferences will need to complete and submit preference request forms with the bid/offer. The following webpage contains required preference request forms and an interactive map to determine if a business is located within a TACPA qualified zone: Request-a Target-Area-Contract-Preference.

By submitting TACPA forms, a bidder given a TACPA preference agrees to the TACPA contract provisions required by Government Code section 4535 and provided in section 1896.40 of Title 2 of the California Code of Regulations (CCR) in addition to requirements specified on the TACPA (STD. 830).

Bidders claiming TACPA are required to complete and submit the following applicable forms in addition to Attachment 13, TACPA Preference Forms.

1. TACPA (STD. 830)

1. Manufacturer Summary of Contract Activities and Labor Hours (DGS/PD 525)

1. Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 526)

AE. EVALUATION

Final selection will be on the basis of a complete evaluation of the bid requirements, and cost. Award, if made, will be on the basis of individual items or the basis of all items included in this solicitation and will be to the responsive and responsible supplier who meets all mandatory Administrative and Cost Requirements and who offers the lowest net cost.

The State may accept any item or group of items of any response.

The Cost Worksheet within Exhibit 2, Cost Worksheet and Payment Provisions must be filled out per the instructions as this is a mandatory requirement for bid submission.

Any preferences and incentive will be calculated based on the lowest responsible and responsive net bid amount. Preference and incentive amounts will be applied in the following order:

· California Small Business Preference

· DVBE Incentive

· TACPA Preference

AF. EXHIBITS

The attached Exhibits are part of this solicitation.

1. EXHIBIT 1 – STATEMENT OF WORK

The Statement of Work (SOW) identifies and describes the tasks and responsibilities of the Contractor and the responsibilities of the State during the configuration, implementation, and operations of the awarded Agreement.

2. EXHIBIT A – FTB WORK AUTHORIZATION

3. EXHIBIT 2 – COST WORKSHEET AND PAYMENT PROVISIONS (MANDATORY)

Cost is the primary evaluation criterion. All bid costs for all line items must be all inclusive of any and all services required in this solicitation.

Bidders are advised that failure to comply with the instructions listed in this section, such as submission of incomplete bids or use of alternative pricing structures or different formats than the one requested, may result in the rejection of their bids.

Bidders must complete Exhibit 2, Cost Worksheet and Payment Provisions by providing pricing for all cost cells contained therein (e.g., Unit Cost) and by ensuring that all pricing provided is correct (e.g., Extended Cost, Totals). The cost worksheets must be filled out completely or the bid may be rejected.

Note: The State will evaluate cost figures up to the hundredths place; any submissions that exceed this place value will be rounded to the nearest hundredths for evaluation purposes.

4. EXHIBIT 3 – IT FTB SPECIAL PROVISIONS

AG. ATTACHMENTS

In order for the bid to be acceptable, the following documents should be completed and included with your submitted bid response. A description of the nature of each document is included. THOSE DOCUMENTS MARKED “MANDATORY” MUST BE RETURNED. Those documents described as “should be submitted with your bid”, if they are included it will expedite the procurement process. The following documents are attached, or attached by reference, and part of this solicitation:

Payee Data Record

DVBE Declarations (STD. 843)

1. The prime bidder is certified as a Disabled Veteran Business Enterprise, and/or,

2. There are subcontractors that are Certified Disabled Veteran Business Enterprises.

These declarations should be included with the quotation; however, they may be obtained prior to contract award.

MANDATORY, IF APPLICABLE

· TACPA (STD. 830)

· Bidder’s Summary of Contract Activities and Labor Hours (DGS/PD 525) Manufacturer Summary of Contract Activities and Labor Hours (DGS/PD 526)

MANDATORY, IF APPLICABLE

State of California

The Franchise Tax Board (FTB), hereinafter referred to as “FTB” or the “State”, agrees to retain and hereby does retain (awarded Contractor’s Name), hereinafter referred to as “Contractor”, for the IBML Fusion Scanners (“hardware”) and software maintenance and support described herein. Under the direction of FTB’s Secure Data Capture and Technology Tools Section, the Contractor agrees to provide the hardware and software maintenance and support described within their respondent quote and IFB FTB-2627-106 and addenda (collectively, the “Original Solicitation”). These documents are hereby incorporated by reference and are made an integral part of this Agreement.

No Federal Tax Information (FTI) will be exchanged in this agreement.

A. AGREEMENT TERM

This Agreement includes hardware and software maintenance and support for the terms specified in Exhibit 2 - Cost Worksheet and Payment Provision.

Consistent with the terms and conditions of the Original Solicitation, and upon mutual consent, the State may execute written amendments to this Agreement if needed. At the State’s discretion, this Agreement may be amended for time, money, or both based on the rates herein. No verbal understanding or agreement not incorporated into the Agreement is binding on any of the parties.

B. MAINTENANCE AND SUPPORT PARAMETERS

The Contractor will provide qualified Information Technology (IT) technicians from the following Original Equipment Manufacturers (OEM): Impression Technology, Inc. (specific to FTB’s configuration of the iCapture Production and Non-Production Software Suite), IBML (specific to hardware and software support of the IBML Fusion Scanners), and Tangent Systems (hereinafter referred to as “Tangent”) (specific to Deposit21 Software). The IT technicians shall provide the requisite hardware and software maintenance and support as described in this Statement of Work (hereinafter referred to as “SOW”) for the OEM software that resides on FTB’s paper data capture systems and associated hardware (as configured by Impression Technology).

1. iCAPTURE SOFTWARE MAINTENANCE

a. Production Environments:

FTB currently utilizes three (3) Production environments for iCapture:

· ICAP_PROD (three (3) environments):

· PROD_BE,

· PROD_COR,

· PROD_PIT

b. Non-Production Environments:

FTB currently utilizes twenty-four (24) Non-Production environments for iCapture:

· iCAP_PROD_SUPPORT (three (3) environments):

· SUP_BE1,

· SUP_COR1,

· SUP_PIT1

· iCAP_EFIX (three (3) environments):

· SIT_BE1,

· SIT_COR1,

· SIT_PIT1

· iCAP_TRAIN (three (3) environments):

· TRAIN_BE1,

· TRAIN_COR1,

· TRAIN_PIT1

· iCAP_SET1 (three (3) environments):

· IESS_BE1,

· ST_COR1,

· SVSQT_PIT1

· iCAP_SET2 (three (3) environments):

· ST_BE2,

· ST_COR2,

· SVSQT_PIT2

· iCAP_SET3 (three (3) environments):

· UAT_BE1,

· UAT_COR1,

· UAT_PIT1

· iCAP_DEV1 (three (3) environments):

· DEV_BE1,

· DEV_COR1,

· DEV_PIT1

· iCAP_DEV2 (three (3) environments):

· DEV_BE2,

· DEV_COR2,

· DEV_PIT2

c. Software: iCapture Support includes: software, and any updates, upgrades, patches or fixes.

· Severity 1: The problem is either stopping or severely limiting production operations and no workaround is available.

· Severity 2: The problem is either stopping or severely limiting production operations, but a workaround is available.

· Severity 3: The problem is adversely affecting production operations.

d. Bug: A software problem that does not fall into the categories Severity 1, 2 or 3 as described above. All reported “Bugs” to the Impression Software will be added to the iCapture “Bug List” Recommendation to request for a new feature; all customer-initiated Recommendations are added to the iCapture requested features list that is maintained by Impression Technology. This information is used by the development staff in determining the scope and content of iCapture upgrades and new releases.

e. Support Parameters:

· Hours of Availability: 8:00 a.m. to 6:00 p.m. Pacific Time (PT), Monday through Friday, excluding U.S. federal holidays.

· Email: support@impression-technology.com

· Phone: 1.866.925.0009

2. TANGENT SOFTWARE MAINTENANCE

a. Standard Support Hours: Support services are 6:30 a.m. to 3:00 p.m. PT, Monday through Friday, excluding Tangent’s holidays. Support incidents being worked on at 3:15 p.m. PT may be suspended and continued the next working day. Extended coverage hours may be available at an added cost, although the response and resolution timeframes and available services will be different.

b. Requesting Support Services: Tangent’s support staff can be reached as follows:

· Phone. Dial 1.855.877.0686 or 1.847.882.3833, then Press 2. Either a support staff member will answer, or an automated system will take a message and FTB will be called back as soon as support personnel are available.

· Email. Send an email to support@tangent-systems.com describing the problem and suggesting the best means to contact FTB, either by email or phone. FTB will be contacted as soon as support personnel receive FTB’s email and are available.

c. Covered Defects: A reported software defect is covered if:

· The software fails to operate as documented due to a programming defect on Tangent’s part or on the part of any of its suppliers; and

· The defect is not induced or significantly influenced by a non-product factor listed under Tangent’s “Exclusions”; and

· The software release within which the defect was detected is a Supported Release as defined by and provided by Tangent, the Original Equipment Manufacturer.

d. Defect Priorities:

· Priority A Defect. Any defect that:

· (1) renders critical features or options of a Supported Release inoperative;

Or

· (2) causes a Supported Release to fail and is unrecoverable twice within a one-week period.

· Priority B Defect. Any defect that:

· (1) significantly affects performance of a Supported Release or limits certain non-critical features or options of a Supported Release, but does not prohibit the use of the Supported Release or any material portion thereof;

· (2) causes a Supported Release to fail and is unrecoverable less often than twice per week;

· (3) causes a Supported Release to fail recovery more than once per week;

Or

· (4) a material malfunction that would be a Priority A Defect but which occurs in a Supported Release which the Customer has not operated in production for the requisite period.

· Priority C Defect. Any defect that causes only a minor impact on the use of a Supported Release, including without limitation Defect that:

· (1) are cosmetic in nature;

Or

· (2) cause the Supported Release to fail recovery less often than required for a Priority B Defect. Note that defects arising in non-production environments are always accorded Priority C, even if their impact would otherwise qualify them for Priority A or B status.

· Priority D Defect. A request for enhancements, extensions or modifications to the Software that are not Defects and are thus outside the scope of Tangent’s support obligations.

e. Defect Resolution:

· Priority A Defect. Tangent will provide either a fix or a workaround by the next business day after the business day in which Tangent receives the full Defect report. If a workaround is provided, Tangent will also provide a fix within five (5) business days after the workaround is provided.

· Priority B Defect. Tangent will provide either a fix or a workaround by the third business day after the business day in which Tangent receives the full Defect report. If a workaround is provided, Tangent will also provide a fix within fifteen (15) business days after the workaround is provided.

· Priority C Defect. Tangent will make commercially reasonable efforts to provide either a fix or a workaround in the next release or maintenance update of the software.

· Priority A and Priority B Defects. Tangent will make commercially reasonable efforts to provide fixes which consist of patches to the Supported Release or a compatible Maintenance Release, not requiring a full Release upgrade. Tangent recognizes that this is particularly important with regard to Priority A Defects, where the urgency for the fix is particularly acute.

Note: Where a workaround involves adjustments to FTB data files, Tangent shall use commercially reasonable efforts to perform such adjustments as needed, using remote access during Tangent’s normal support hours, without additional cost. Infrequently occurring or intermittent errors that cannot be reproduced by Tangent will require longer identifying and providing a fix; hence they are excluded from the response time commitments, however Tangent will use commercially reasonable efforts to resolve them. Defect resolution commitments may not apply to Defects that cannot be reproduced by Tangent in its support center.

3. IBML HARDWARE AND SOFTWARE MAINTENANCE AND SUPPORT

a. IBML Hardware Maintenance

· Maintenance and Support for IBML Fusion Scanners and any associated Hardware components.

· One (1) Months Peak Season[footnoteRef:1]: 8:00 a.m. to 12:00 a.m. PT, Monday through Sunday (excluding IBML holidays), with a two (2) hour response time. [1: “Peak Season” is determined by the FTB based on tax filing deadlines.]

· Eleven (11) Months Non-Peak Season: 8:00 a.m. to 5:00 p.m. PT, Monday through Friday (excluding IBML holidays), with a two (2) hour response time.

· IBML Hardware Maintenance: Service includes scheduled preventative maintenance and unscheduled or remedial maintenance consisting of the necessary adjustments and repairs of the IBML Fusion Scanners and any associated Hardware components, including replacement (on an exchange basis) of unserviceable parts or components occasioned by the normal use of the equipment.

b. IBML Software Maintenance and Support:

· Maintenance and Support for:

· IBML SoftTrac Capture Suite Software and Database

· IBML scan jobs developed for FTB

· iCapture Data Modules (iIBMLExport, iIBMLImport)

· One (1) Months Peak Season: 8:00 a.m. to 12:00 a.m. PT, Monday through Sunday (excluding IBML holidays), with a two (2) hour response time.

· Eleven (11) Months Non-Peak Season: 8:00 a.m. to 5:00 p.m. PT, Monday through Friday (excluding IBML holidays), with a two (2) hour response time.

c. IBML Extended Hardware Warranty:

IBML Extended Hardware Warranty Includes: Necessary adjustments and repairs of the equipment, including replacement (on an exchange basis) of unserviceable parts or components occasioned by the normal use of the IBML Fusion Scanners and any associated Hardware components This also covers the expanded coverage times (5:00 p.m. PT to 12:00 a.m. PT) and hours during the Peak Season that carries the same benefits as the IBML Hardware Maintenance outlined above.

C. ONGOING SUPPORT

1. All vulnerabilities must be patched…