IFB_R003064_-EFT_Service_Final.docx

ATTACHMENT 8

PROPOSED CONTRACT TERMS AND CONDITIONS

Invitation for Bid #R003064 Electronic Fund Transfer Service

CALIFORNIA STATE LOTTERY

700 North 10th Street Sacramento, California 95811- 0393

INVITATION FOR BID

Notice to Prospective Bidders June 21, 2024 You are invited to review and respond to this Invitation for Bid (IFB), #R003064, Electronic Fund Transfer Service. In submitting your bid, you must comply with these instructions.

Note that all agreements entered into with the California State Lottery (Lottery) will include by attachment Terms and Conditions and Contractor Certification Clauses that are hereby included in this solicitation.

In the opinion of the Lottery, 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:

Ada Kwong California State Lottery solicitations@calottery.com

Please note that no verbal information given will be binding upon the Lottery unless such information is issued in writing as an official addendum.

Ada Kwong Procurement Specialist IFB #R003064 Electronic Fund Transfer Service i California State Lottery Table of Contents Contents

The California State Lottery (Lottery) is inviting responses from qualified financial institutions to act as the Originating Depository Financial Institution (ODFI) for processing Electronic Fund Transfers (EFT) for the purpose of collecting funds from and disbursing funds to Lottery Game Retailer accounts related to the sale and prize payment reimbursement of Lottery products (i.e., Scratchersâ and Draw Game tickets) as outlined in Attachment 8, Proposed Contract Terms and Conditions, Exhibit A, Scope of Work.

The Lottery currently needs three (3) Zero Balance Accounts (ZBA) accounts for its ODFI. However, the Lottery may require additional accounts in the future. It is anticipated that an estimated 625,000 items will be processed monthly for approximately 23,000 retailer accounts. The Lottery does not guarantee any specific level of billable transfers or actions during the term of this contract. The number of retailer accounts may increase or decrease during the contract term.

Furthermore, the contractor will also be responsible for sending a courier to pick up daily warrants issued by the State Controller’s Office for deposit in Lottery retailer accounts.

The proposed contract term will be from September 16, 2024, to February 28, 2030, with live EFT transactions to commence on March 1, 2025. The Lottery may unilaterally extend the term of the contract under the same terms and conditions, including pricing, for up to two additional two-year terms.

Prior to going live, the contractor will work with Lottery staff on technical implementation and testing at no additional cost to the Lottery.

B. Minimum Bidder Qualifications This IFB is open to all Bidders that, at the time of bid submission, meet the following Bidder qualifications:

1. Is a Centralized Treasury System (CTS) member bank which has been approved by the State of California, Office of the State Treasurer;

2. Must be National Automated Clearing House Association (NACHA) certified;

3. Has a minimum of ten years’ experience providing EFT service; and

4. Meets the requirements as set forth in Article II, Section A. Mandatory Submittals.

C. Lottery Point of Contact All notices or questions pertaining to this IFB must be directed to:

California State Lottery Procurement Services and Support Attention: Ada Kwong, Procurement Analyst 700 North 10th Street Sacramento, CA 95811 Email: solicitations@calottery.com No contact regarding this IFB will be allowed between Bidders or potential Bidders and members of the Evaluation Team, Lottery Commissioners, or Lottery staff after issuance of the IFB, with the exception of the Lottery contact person named above. Any such contact may disqualify a Bidder from further consideration. Requests for clarification from Bidders will be allowed, provided such requests are made through the above contact via email.

D. Projected Timetable The following projected timetable is subject to change and is provided for informational and planning purposes only. The Lottery may change the date of events after the “Bids Due” event without further amending this IFB.

Key Action Dates

E. Verbal Communication Any verbal communication with a Lottery employee concerning this IFB is not binding on the Lottery and will in no way alter a specification, term, or condition of this IFB or any resulting contract.

F. Examination of All Requirements Bidders are strongly encouraged to examine this document thoroughly and become familiar with the IFB’s requirements, including but not limited to those set forth in Attachment 8, Proposed Contract Terms and Conditions. Bids must be based solely on the information and materials contained in the IFB and any written amendments thereto and on other written communications regarding the IFB that are issued by the Lottery contact person specified in Section I.C. Bidders must disregard all other information, including draft material, newspaper advertisements or articles, and verbal representations.

If a Bidder discovers an error in this IFB but fails to notify the Lottery of that error, the Bidder submits a bid at its own risk. If awarded the Agreement, the Proposer will not be entitled to additional compensation or time due to the error or its subsequent correction. Unless amended as part of a Response to Bidder Questions, the Agreement’s exhibits (Exhibit A, Scope of Work, Exhibit B, Budget and Payment Provisions, and Exhibit C, General Terms and Conditions) are non-negotiable. However, the Lottery reserves the right to adjust the language within the Scope of Work and the resulting Agreement awarded from this solicitation. Therefore, final Agreement language may deviate from the provisions provided in this solicitation.

The Lottery may, in its sole discretion, refuse to accept a proposal if it fails to furnish all required information or follow the format specified in this IFB.

G. Modifications to the IFB The Lottery may cancel or amend this IFB at any time by the issuance of a written addendum. Notice of modification or cancellation will be sent to firms that submitted a written Intent to Bid if the amendment or cancellation occurs prior to bid submission, and to firms that submitted a bid if the amendment or cancellation occurs after bid submission.

H. Written Questions Questions regarding the content of this IFB must be submitted in writing via email to the Lottery contact person specified in Section I.C by the due date and time specified in Section I.D, Projected Timetable. It is the Bidders sole responsibility to verify receipt of submitted questions. The Lottery may, in its sole discretion, respond to written questions received after the specified due date and time. Questions and responses will be provided to firms that submitted a written Intent to Bid and will also be posted on the Lottery’s website and the California State Contracts Register (CSCR).

If Bidders identify any issues with Attachment 8, Proposed Contract Terms and Conditions, Bidders must communicate those issues during the Written Questions phase of this IFB for them to be considered. The Lottery may, at its sole discretion, elect to address such issues by amending this IFB, prior to the Bid Due Date.

I. Written Intent to Bid Interested Bidders should submit an Intent to Bid in writing via email to the Lottery contact person by the date and time specified in Section I.D, Projected Timetable, in order to receive direct communications from the Lottery about this IFB.

The written Intent to Bid must include the Bidder’s contact person’s name, email address, mailing address, and telephone number.

If a written Intent to Bid is not sent, a bid may still be submitted. However, IFB notices and amendments issued by the Lottery will only be sent directly to Bidders with a written Intent to Bid on file. After the bid due date, only Bidders that have submitted bid packages in accordance with Section II, Bid Requirements, and Section IV, Delivery of Bid, to the Lottery contact person specified in Section I.C, will receive direct IFB communications and notices.

All interested parties may access such notices and amendments on the Lottery’s website and the California State Contracts Register (CSCR).

J. Property of the Lottery All bids become the property of the Lottery upon receipt and will not be returned to Bidders.

K. Bids are Public Records Pursuant to the California Public Records Act, California Government Code §§ 6250 et seq., all data, materials, information, and documents submitted to the Lottery by a Bidder may be incorporated into a publicly available contract and may otherwise be subject to disclosure upon request by competitors and members of the public after the apparent successful Bidder has been announced. The Lottery will process all Public Records Act requests in accordance with the laws of the State of California. A Bidder’s labeling of any bid materials as “confidential” or otherwise exempt from disclosure is not binding on the Lottery, and Bidder agrees by submitting its bid that the Lottery will not be liable to the Bidder or to any other person or entity for disclosing information as required by law.

L. Acceptance Period As a condition of submission, each Bidder’s bid constitutes an unconditional offer to the Lottery and is irrevocable for 180 days from the date submissions are due.

M. Rejection of Bids The Lottery reserves the right to reject any or all responses to this document. The Lottery may reject any response that is conditional, contains additions not called for, is incomplete, contains erasures or irregularities of any kind, or contains material deviations. Any provisions of this document that are defined as requirements will be considered mandatory. In the interest of promoting competition, the Lottery may allow a firm to correct a deficiency related to any requirement. If all firms fail to meet one or more of the mandatory requirements, the Lottery reserves the right to continue evaluation of the bids and to select the response that most closely meets the requirements specified in this IFB.

N. Conditions of Submission Responses to the IFB and any subsequent presentations must be submitted with the most favorable terms Bidders can offer. Bidders will be allowed to withdraw their responses only when a written request for withdrawal is actually received by the Lottery prior to the deadline for final bid submission. Requests for bid withdrawal must be filed in the same manner as bids. After the submission deadline, Bidders cannot replace, change, or modify their bids in any way, except as specified in this IFB or a subsequent written amendment to this IFB.

O. Nonmaterial Deviation The Lottery may waive any deviation in a bid that the Lottery determines to be nonmaterial. The Lottery’s waiver of a nonmaterial deviation in no way modifies the IFB’s requirements or excuses Bidders from full compliance with the contract’s requirements.

P. Contract Execution The Lottery Director or designee will make the final determination of contract award, subject to California Lottery Commission approval if applicable. In making this determination, the Lottery Director or designee may be assisted by an Evaluation Committee.

The Lottery, in its sole discretion, may treat failure or refusal by the intended contract awardee to begin performance within ten state working days of contract execution as repudiation of the contract. The Lottery may then either (1) select another bid which conforms to the requirements of this IFB and represents, in the Lottery’s sole discretion, the best value; or (2) reject all bids. The Lottery may also seek compensation for any damages associated with repudiation of the contract.

The Lottery reserves the right to cancel all elements of this solicitation or rescind the announced award at any time before execution of the contract. Issuance of this IFB does not constitute a commitment by the Lottery to award a contract.

Q. Hiring of Lottery Personnel At all times during the bid evaluation period and continuing through contract award or rejection of all bids, Bidders are prohibited from officially or unofficially making any employment offer or proposing any business arrangement whatsoever to any Lottery employee involved in the evaluation of bids. A Bidder making such an offer or proposition will be disqualified from further consideration.

R. Bid Protests

1. Only an actual Bidder may protest a contract award, and only on the following grounds:

2. A notice of intent to protest must be received by the Lottery within seven (7) business days after the Lottery posts a notice of intent to award on its website. A timely notice of intent to protest is a prerequisite to any protest.

3. Provided that a timely notice of intent to protest has been filed with the Lottery, a protest must be filed within twelve (12) business days after the Lottery posts its notice of intent to award on its website. A protest must include a complete and detailed explanation of how the facts support the protest.

4. All protest documents must be received by the Lottery at its Sacramento headquarters no later than 3:00 p.m. Pacific Time on the last day of the applicable protest period. The envelope containing protest documents or the cover page to a protest must be addressed to the attention of the Director and must be clearly labeled: “Protest to the (title and number of the solicitation), DO NOT OPEN IN MAILROOM.” Untimely protests will not be considered.

5. It is the protestor’s responsibility to ensure that the Director has all information and arguments that the protestor deems relevant and necessary to resolve the protest. The Director may request additional information in writing from the protestor or from other sources, including the apparent successful Bidder and Lottery staff, as they deem appropriate for resolution of the protest.

6. The Director will issue a written decision within fifteen (15) days of completion of their review of the record.

7. In their sole discretion, the Director may determine that it is in the best interest of the Lottery to proceed with contract award and performance, while a protest is pending, and may direct a Contractor to commence work.

S. Governing Law and Regulations The Lottery’s governing law and regulations, including the California State Lottery Act and the Lottery’s procedures for procurement of goods and services, are available on the Lottery’s website under “Lottery Regulations (PDF)”. It is each Bidder’s responsibility to be familiar with these laws and regulations.

II. BID REQUIREMENTS

Bids submitted in response to this IFB must comply with the requirements of this section. Failure to complete and submit the information listed in this section in the specified format may result in rejection of the bid.

Bidders must provide as much information as necessary in their bid for the Lottery to award a contract. At a minimum, bids must be fully responsive to the specific requirements stated in this IFB. Bidders must identify any requirements of this IFB they cannot satisfy.

A. Mandatory Submittals Bidders must not alter the Lottery’s mandatory submittal requirements and/or forms. Any change made to the forms, including but not limited to exceptions, deletions, and additions, may be the basis for disqualification of a Bidder’s bid. The required forms are separate documents included with this solicitation. The required forms can be located at the Lottery’s website or by going onto the CSCR.

Bidders must complete and submit the following as detailed below:

1. Transmittal Letter and Company Background (Attachment 1)

2. Required Attachments Checklist (Attachment 2)

3. Cost Sheet (Attachment 3)

4. Certification (Attachment 4)

5. Payee Data Record STD 204 (Attachment 5)

6. Disabled Veteran Business Enterprise Participation (DVBE) – if applicable (Attachment 6)

7. Small and Microbusiness Participation (SMP) – if applicable (Attachment 7)

1. Transmittal Letter and Company Background (Attachment 1)

Bidder shall submit a Transmittal Letter indicating that they are responding to the IFB and that all of the IFB requirements have been met. The letter must be signed by a representative identified in the Bidder Certification as legally authorized to contractually bind the Bidder.

Bidders are to indicate whether they are National Automated Clearing House Association (NACHA) certified and have in-house or outsourced IT staff that will assist the Lottery in facilitating the technical implementation, testing, and transition of EFT services.

Bidders must disclose whether they consulted with others in the preparation of this bid. If others were consulted, they must identify those with whom they consulted and provide contact information. Any change or addition to those consulted while this IFB is pending must be reported to the Lottery. Failure to do so may result in a rejection of a Bidder’s bid. The Lottery reserves the right to contact these consultants. Under no circumstances may Bidders submitting or considering the submittal of a bid consult with a competing Bidder.

Bidders must also disclose any potential, actual or apparent conflicts of interest that may exist between any current client and the Lottery. Because of the complexities involved in defining conflicts of interest, the Lottery will make a final determination as to whether a disqualifying conflict exists. Note: If there are no conflicts, provide a statement to this effect.

2. Required Attachment Checklist (Attachment 2)

Bidders must submit the Required Attachment Checklist to confirm all required documents have been included in the bid submittal package.

3. Cost Sheet – (Attachment 3)

Bidders must complete and submit the Cost Sheet for the services identified in Attachment 8, Proposed Terms and Conditions, Exhibit A, Scope of Work. The costs shall be inclusive of all costs, including indirect, overhead, and administrative costs, for the required services for the duration of the contract.

Contractor will attach a Schedule of Fees to include any unlisted services. In the event the Lottery requires additional services, the rates on the Schedule of Fees will apply unless otherwise agreed upon.

The submitted Cost Sheet will be incorporated in the awarded contract under Exhibit B, Budget Detail and Payment Provisions.

4. Certification – (Attachment 4)

Bidders must complete and submit the Certification form in the bid package.

5. Form STD 204 – Payee Data Record – (Attachment 5)

STD 204 must be completed by the Bidder at the time of bid submission and included in its bid package.

6. Disabled Veteran Business Enterprise Participation (DVBE) – if applicable. (Attachment 6) In order to receive DVBE cost preference, Bidders must complete and submit the Disabled Veteran Business Enterprise Participation form in their bid package. While not required for this solicitation, a preference of up to 5% (not to exceed $50,000) will be applied, based on the level of DVBE participation proposed. Additional details are provided in the DVBE form.

7. Small and Microbusiness Participation (SMP) – If applicable. (Attachment 7)

In order to receive SMP cost preference, Bidders must complete and submit the SMP forms in the bid package. Based upon the nature of the goods and services to be utilized under this solicitation (as outlined in Exhibit A, Scope of Work), the Lottery has set a SMP goal of 25% for utilization of small or microbusiness subcontractors under the contract resulting from this IFB. While not required for this solicitation, a preference of up to 5% (not to exceed $50,000) will be applied, based on the level of SMP participation proposed. Additional details are provided on the SMP form.

B. Evaluation of Mandatory Submittals The Lottery will validate that all mandatory submittals were received and are completed; where applicable, the Lottery will also confirm that minimum qualifications have been met for this solicitation.

Mandatory Submittals: Pass or Fail Failure to submit the following forms will result in Bidder disqualification:

· Transmittal Letter and Company Background (Attachment 1)

· Mandatory Submittals Checklist (Attachment 2)

· Cost Sheet (Attachment 3)

· Certification (Attachment 4)

· Payee Data Record STD 204 (Attachment 5)

Failure to submit the following forms will not result in Bidder disqualification but will render the Bidder ineligible to receive SMP preference during the Cost Assessment.

DVBE Incentive & SMP Preference: Optional

· Disabled Veteran Business Enterprise Participation Incentive Program – if applicable (Attachment 6)

· Small & Micro Business Participation – if applicable (Attachment 7).

III. BID EVALUATION AND AWARD

The Lottery will conduct a fair and impartial evaluation of bids received in response to this IFB. The complete evaluation process is comprised of two phases:

1. Mandatory Submittals Review

2. Cost Assessment/Best Value Analysis Bids will be reviewed by the Lottery evaluation team in accordance with the criteria indicated in this IFB. The Lottery may request clarification from Bidders during any phase of the evaluation process.

A. Mandatory Submittals Review (Pass/Fail) The documents required in Section II.A, Mandatory Submittals, will be evaluated in accordance with Section II.B, Evaluation of Mandatory Submittals.

All bids shall be reviewed to verify the Bidder has met the IFB submission requirements. Bids that have not followed the rules, do not meet minimum content, requirements, qualifications, or quality standards, make exceptions to the terms and conditions, or are non-responsive to the required responses in this IFB will be eliminated from further consideration. Bids meeting the Mandatory Submittals requirements will advance to Cost Assessment.

The Lottery reserves the right to verify that the information in the Mandatory Submittals is accurate, including contacting references, performing checks, and follow-up inquiries. Any irregularities or material discrepancies discovered in the review may have the bid deemed non-responsive.

B. Cost Assessment

1. Submission Bidders must submit the attached Cost Sheet (Attachment 3) form as part of their bid. The costs identified must be provided in US dollars.

The Lottery will assess each qualified Bidder’s Cost Sheet (Attachment 3) to determine its responsiveness to the IFB’s requirements and its overall value to the Lottery. As part of this assessment, the Lottery will also compare Cost Sheets from each of the qualified Bidders.

a. Changes made to Cost Sheet (Attachment 3), including but not limited to exceptions, deletions, or additions, may form the basis for rejection of the bid.

b. Cost Sheets may be subject to additional verification and clarification as to its feasibility, compliance with applicable law, and any other minimum qualifications requirements set forth in the IFB.

2. Duration Pricing shall remain valid for a period of 180 days from the bid due date. Where applicable, the DVBE and SMP preferences will be applied during the first stage of the Cost Assessment.

3. Small Business Preference

a. Small Businesses (SB). If there is at least one (1) California certified SB competing as the lead or prime contractor and the lowest qualified bid is submitted by a non-small business, the SB Preference shall be applied and computed as follows:

i. Only Bidders that are qualified Bidders shall be entitled to SB preference.

ii. The SB preference amount will be five (5) percent of the cost submitted by the lowest qualified non-small business bidder. This amount will be deducted from the submitted costs of all qualified certified SB bidders.

iii. After all the calculations are determined, the bidder(s) with the lowest cost qualified bid (and including all incentive calculations) will be selected for contract award.

iv. This calculation is only used in the evaluation process and will not be included in the final agreement.

SB certification information can be found on this website.

b. Non-Small Business (Non-SB). If there is not a responsive California certified SB competing as the lead or prime contractor and the lowest qualified bid is submitted by a Bidder that is not eligible for Non-SB preference (as described herein), then Non-SB preference will apply and be calculated as follows:

i. Only Bidders that are qualified Bidders and will provide a minimum of 25% SB participation in the performance of the contract shall be entitled to Non-SB preference.

ii. The Non-SB preference will be five (5) percent of the cost submitted by the lowest qualified Bidder that is not eligible for this preference. The amount will be deducted from the submitted costs of all qualified Bidders that meet the 25% SB participation requirements.

iii. After all the calculations are determined, the Bidder(s) with the lowest cost qualified bid (and including all incentive calculations) will be selected for contract award.

iv. This calculation is only used in the evaluation process and will not be included in the final agreement.

SB certification information can be found at this website:

(Note: Non-SB Preference cannot displace a direct award to a California certified Small Business or a California certified Micro Business).

During the Contract term, the Lottery’s SMP preference compliance shall be calculated based on the Lottery’s completed work as verified by an audit of Lottery’s invoices and Lottery’s payments to designated subcontractors. Small and Microbusiness Participation (Attachment 9), if applicable, must be completed by the Bidder.

c. The preference under this subsection may not exceed $50,000.

4. Disabled Veteran Business Enterprise Preference

a. The Lottery recognizes disabled veterans for their service by establishing a DVBE Participation Program. The program is intended to further veterans’ participation in Lottery contracting, promote competition and encourage greater economic opportunity.

b. The DVBE program requirement has been waived for this solicitation. However, Bidders may receive a percentage incentive based on the DVBE participation levels included in their bid. Percentages will be determined as follows:

DVBE Incentive:

c. DVBE incentive will apply as follows:

DVBE certification information can be found at this website.

C. Award

1. Award of the contract will be to the responsive, responsible Bidder with the lowest Cost Sheet (after adjusting for DVBE and SMP Preferences).

a. The evaluation will be based on a five-year projection for services using the Cost Sheet.

b. Evaluation will include review for any computational errors, application of any SMP or DVBE preferences or incentives, and determination if the bid is responsive.

c. In the event of a mathematical discrepancy, the “Cost Per Category” will be presumed correct.

2. A Notice of Intent to Award will be issued at least 7 business days prior to award.

3. In order to ensure integrity, security, and honesty in its operation, the Lottery may conduct a thorough background check of the apparent winning Bidder. This may include fingerprinting and review of financial information. The Lottery may disqualify any Bidder if its related entities or their directors, officers, employees, or owners refuse to participate.

D. Right to Cancel The Lottery reserves the right to cancel any and all elements of the procurement or rescind an announced award at any time up to and including execution of the actual contract with the apparent successful Bidder.

IV. DELIVERY OF BID

A. Delivery All bids must be submitted to a Lottery Secure File Share site. The Liquid Files Instruction Guide is available on the California State Contracts Register.

Liquid Files transfers are to be addressed to akwong@calottery.com and ijen@calottery.com. Hard copies of bids will not be accepted.

Bidders’ bid responses are to be structured in the same format as the IFB, with the same heading, numbering, and bullet format for all sections and subsections using at least 12-point Arial font, consecutively numbered, and sections clearly marked or labeled.

IFB Attachments and/or forms that require a signature must be signed by a person who is identified on the Certification as being authorized to contractually bind the contractor’s firm. A PDF signed copy of those documents will be accepted, however the original, signed document may be requested at a later date.

Bidders are solely responsible for ensuring timely receipt of their bids.

IFB #R003064 Electronic Fund Transfer Service 1 California State Lottery

ATTACHMENT 1

TRANSMITTAL LETTER AND COMPANY BACKGROUND

Bidder shall submit a Transmittal letter indicating that they are responding to the IFB and that all of the IFB requirements have been met. The letter must be signed by a representative identified in the Bidder Certification as legally authorized to contractually bind the Bidder.

Bidders are to indicate whether they are NACHA certified and have in-house or outsourced IT staff that will assist the Lottery in facilitating the technical implementation, testing, and transition of EFT services.

Bidders must disclose whether they consulted with others in the preparation of this bid. If others were consulted, they must identify those with whom they consulted and provide contact information. Any change or addition to those consulted while this IFB is pending must be reported to the Lottery. Failure to do so may result in a rejection of a Bidder’s bid. The Lottery reserves the right to contact these consultants. Under no circumstances may Bidders submitting or considering the submittal of a bid consult with a competing Bidder.

Bidders must also disclose any potential, actual or apparent conflicts of interest that may exist between any current client and the Lottery. Because of the complexities involved in defining conflicts of interest, the Lottery will make a final determination as to whether a disqualifying conflict exists. Note: If there are no conflicts, provide a statement to this effect.

EXHIBIT C

DRAFT CONTRACT TERMS AND CONDITIONS

ATTACHMENT 2

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 Lottery. For your bid to be responsive, all required attachments must be returned. This checklist must be returned with your bid package.

(Do Not Return)

EXHIBIT E

FENCING MATRIX

ATTACHMENT 3

COST SHEET

The undersigned hereby proposes and agrees to furnish all labor, materials, and equipment required to perform the services as set forth in Attachment 8, Proposed Terms and Conditions, Exhibit A, Scope of Work. The Bid Price, set forth below in clear legible figures, includes any and all expenses necessary to perform under the Contract including all profit, administrative overhead/support costs, applicable taxes, and all other direct and indirect costs including travel. This Contract is for service fees only. Contractor will not be entitled to any additional compensation in connection with the performance of this contract.

Annual # of Transactions* (B) Cost Per Category (C)

(A) x (B) Annual Cost Per Category

/transaction

/transaction

/transaction

/transaction

/month

Total Amount (Sum of Column (C) -Annual Cost Per Category)

*Note: The estimates listed above shall in no way be construed as a guaranteed level of activity under this Contract. The Lottery does not guarantee any specific level of billable transfers or actions during the term of this Contract.

Cost Per Category** Option Years 6-7 Cost Per Category** Option Years 8-9

/month /month

/transaction /transaction

/transaction /transaction

/transaction /transaction

/transaction /transaction

**Price will not be used for calculation purposes. However, prices are binding if option years are exercised.

Contractor will attach a Schedule of Fees to include any unlisted services. In the event the Lottery requires additional new services, the rates on the Schedule of Fees will apply or mutually agreed upon by amendment.

I, __________________ (type or print name), certify that I am authorized to sign this Cost Sheet and warrant that prices set forth are accurate, competitive, and unconditional. I further certify that these prices constitute an irrevocable offer which the California Lottery may, at its option, accept or reject at any time up to one hundred eighty (180) days from the date that responses to IFB #R003064 are due. These prices will remain effective for the entirety of the contract term and any extensions thereto.

Signature Date

ATTACHMENT 4

CERTIFICATION

1. BIDDER INFORMATION

Bidder’s Name: _________________________________________________________________ Street Address: _________________________________________________________________ City/State/Zip Code: __________________________________________________ Contact Person: __________________________________________________________________ Telephone: __________________________________________________________________ Email: __________________________________________________________________ List person(s) legally authorized to contractually bind the Bidder.

1. Name: ________________________________Title: ___________________ Address: ______________________________________________________

2. Name: ________________________________Title: ___________________ Address: ______________________________________________________ (Attach additional pages if needed)

1. BIDDER CERTIFICATION

By executing this Certification, the Bidder acknowledges that failure to comply with any of this Certification’s terms may result in disqualification from participation in the solicitation process. The Bidder has reviewed, agrees to, and certifies the following:

ATTACHMENT 4

a. The Bidder meets all minimum qualifications specified in the section entitled “Minimum Bidder Qualifications.”

b. The Bidder agrees the Lottery will not be liable for any of the costs incurred by Bidder in preparing, submitting, or otherwise participating in a response to this solicitation.

c. The Bidder’s response to the solicitation constitutes an irrevocable offer for 180 days following the date bids are due to the Lottery.

d. The Bidder has made no attempt to induce any other person or entity to submit or not to submit a bid.

e. The prices in the bid have been developed and calculated independently, without consultation, communication or agreement on any matter relating to such prices with any other Bidder or competitor for the purpose of restricting competition or providing a competitive advantage.

f. The Bidder has read the solicitation, understands it, and agrees to comply with all terms and conditions.

g. The Bidder agrees to provide insurance/bond coverage as described in the Contract Terms and Conditions.

h. Recognizing that initial payments to the Contractor may be delayed approximately 45 days, the Bidder has sufficient resources to meet his/her obligations during this period.

1. CONTRACTOR CERTIFICATION CLAUSES

By executing this Certification, the prospective Contractor or its authorized representative certifies under penalty of perjury that the prospective Contractor has reviewed and agrees to be bound to the Contract Terms and Conditions and the following Contractor Certification Clauses.

A. NONDISCRIMINATION CLAUSE: During the performance of this Contract, Contractor and its subcontractors will not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition, age, marital status, and denial of family care leave. Contractor and subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors will comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into the Contract by reference and made a part thereof as if set forth in full. Contractor and its subcontractors will give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Contractor will include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

B. 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, dispensing, 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:

a. the dangers of drug abuse in the workplace;

b. the Contractor’s policy of maintaining a drug-free workplace;

c. any available counseling, rehabilitation and employee assistance programs; and,

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

C. Every employee who performs work under the Contract must receive a copy of the Contractor’s drug-free workplace policy statement and agree to abide by the terms of the Contractor’s statement.

D. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the Contract, and the Contractor may be ineligible for award of any future state contracts if the Contractor has made false certification or violated the certification by failing to carry out the requirements as noted above.

C. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: The Contractor certifies that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to abide by a federal court order to comply with a directive of the National Labor Relations Board.

D. DOMESTIC PARTNERS: For contracts executed or amended after July 1, 2004, the Contractor may elect to offer domestic partner benefits to the Contractor’s employees. The Contractor cannot require an employee, on the basis of marital or domestic partner status, to cover the costs of providing any benefits which have otherwise been provided to all employees.

1. DOING BUSINESS WITH THE STATE OF CALIFORNIA

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

A. CONFLICT OF INTEREST: The Contractor is aware of the following provisions regarding current or former state employees. If the Contractor has any questions about the status of any person rendering services or involved with the Contract, the Lottery will be contacted immediately for clarification.

Current State Employees:

0. No state officer or employee may 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.

0. No state officer or employee may contract as an independent contractor with any state agency to provide goods or services.

Former State Employees:

1. 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.

2. For the 12-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.

3. If the Contractor violates any of the above provisions, such action by Contractor will render this Contract void.

4. Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time, and payment for per diem.

0. LABOR CODE/WORKERS' COMPENSATION: The Contractor is aware of the provisions which require every employer to be insured against liability for Workers’ Compensation and the Contractor agrees to comply with such provisions before commencing work on this Contract.

0. AMERICANS WITH DISABILITIES ACT: The Contractor assures the Lottery 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 and all California accessibility statutes and regulations.

0. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:

1. The Contractor certifies it is currently qualified to do business in California.

2. The Contractor certifies that it is in good standing with the California Secretary of State’s Office.

0. AIR OR WATER POLLUTION VIOLATION: The Contractor will 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.

0. PAYEE DATA RECORD FORM STD. 204: This form will be completed by all Contractors except state agencies or other governmental entities.

1. CONFIDENTIALITY STATEMENT

1. I warrant that neither the Contractor nor its employees will disclose any document, diagram, or information made available to it by the Lottery. I warrant that only those employees who are authorized and required to use such information will have access to it.

1. I further warrant that all materials provided by the Lottery will be returned promptly after use and all copies or derivations of the materials will be physically and/or electronically destroyed. I will include with the returned materials a letter attesting to the complete return of materials and documenting the destruction of copies and derivations. Failure to comply may subject the Contractor to criminal and civil liability. I authorize the Lottery to inspect and verify the above.

1. I further warrant that if awarded the Contract, the Contractor will not disclose to any third-party information pertaining to the Contract prior to receiving the written consent of the Lottery.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the Bidder and prospective Contractor to the clause(s) above and that the signature affixed below and dated constitutes a certification that all information provided by the Bidder and prospective Contractor is true and correct.

Contractor/Bidder Firm Name: _________________________________________ By (Authorized Signature): ____________________________________________ Name of Person Signing: ______________________________________________ Title of Person Signing: ________________________________________________

ATTACHMENT 4

Date Executed: __________

ATTACHMENT 5

PAYEE DATA RECORD (STD 204)

Bidders may download the Payee Data Record (STD 204) link here.

If you are unable to download this file, please contact the Procurement Specialist.

ATTACHMENT 6

DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION (DVBE) – IF APPLICABLE

The Lottery recognizes disabled veterans for their service by establishing a Disabled Veteran Business Enterprise (DVBE) Participation Program. The program is intended to further veterans’ participation in Lottery contracting, promote competition and encourage greater economic opportunity.

The Lottery has established participation goals for DVBEs, as defined in the California Military and Veterans Code, of at least 3% of overall dollars expended for Lottery contracts annually. The Lottery determines whether to include DVBE participation requirements in specific solicitations based on the availability of contracting or subcontracting opportunities within the scope of services of the particular contract.

While the Lottery has not established a DVBE participation requirement for this solicitation, in order to encourage DVBE participation, the Lottery has applied a DVBE incentive as follows:

A Bidder may achieve participation by qualifying as a DVBE and/or by contracting with DVBE subcontractors. DVBEs must perform a commercially useful function, excluding media placement costs, related to the bid specifications as required by Military and Veterans Code section 999 (b)(5)(B). The Lottery will determine whether Bidders have achieved qualifying levels of participation by comparing each Bidder’s verified DVBE percentage to the Bidder’s Cost Sheet.

The incentive is applied in determining the lowest monetary bid or best value by reducing the qualified Bidder’s price by the amount of the incentive as computed based on the lowest price submitted by a responsive Bidder. This reduction is applied solely for evaluation purposes. However, where the Bidder with the lowest monetary bid or best value, prior to application of the incentive, is a California certified small business, only other certified small businesses will be eligible to receive the incentive bonus.