IFB420-Payment_Processing_Services.pdf

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY Gavin Newsom, Governor

CALIFORNIA DEPARTMENT OF CHILD SUPPORT SERVICES

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

February 13, 2025

Notice to Prospective Bidders

SUBJECT: INVITATION FOR BIDS (IFB) #420, PAYMENT PROCESSING SERVICES

(KIOSK, MOBILE, AND WEB APPLICATION)

To Whom it May Concern, California Department of Child Support Services (DCSS) invites you to review and respond to this Invitation for Bids (IFB). Bidders must comply with the instructions within the enclosed IFB, or bids may be disqualified.

State of California Standard Agreements include by reference the most current General Terms and Conditions (GTC) and Contractor Certification Clauses (CCC) which may be viewed and downloaded on the DGS website: Standard Contract Language (ca.gov). California State General Terms and Conditions and Contractor Certification Clauses are not negotiable.

Questions regarding the enclosed IFB must be submitted in accordance with the instructions in the enclosed IFB.

Sincerely, Rosie Proeung Procurement Official

Enclosure https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language?search=general%20terms

Department of Child Support Services Invitation for Bid # 420

Table of Contents

1. PURPOSE AND DESCRIPTION OF SERVICES

2. MINIMUM QUALIFICATIONS

3. CAUTION TO POTENTIAL BIDDERS

4. AGREEMENT TERM

5. PROCUREMENT OFFICIAL AND CONTACT INFORMATION

6. KEY ACTION DATES

7. AMERICANS WITH DISABILITIES ACT

8. QUESTIONS

9. BIDDING REQUIREMENTS AND CONDITIONS

10. BID FORMAT

11. BID CONTENT REQUIREMENTS

A. Attachments

B. Corporate Qualifications

12. SUBMISSION OF BID

13. PUBLIC BID OPENING

14. BID EVALUATION AND SELECTION

A. Review of Timely Submissions

B. Responsiveness and Responsibility Determination

C. Nonresponsive Bids

D. State’s Right to Request Clarification

E. Immaterial Deficiency

F. Unanticipated Errors

G. Correction of Clerical or Mathematical Errors

H. Tax Delinquencies Contract Ban

I. Executive Order N-6-22 – Russia Sanctions

J. State’s Right to Reject Responses

15. PREFERENCE AND PARTICIPATION PROGRAMS

A. Small Business

B. Disabled Veteran Business Enterprise (DVBE)

C. Target Area Contract Preference Act (TACPA)

D. Combined Preferences

E. Application of Preference Points

16. EVALUATION

A. Cost Worksheets

B. Tie Bids

C. Low Cost Calculation

17. INTENT TO AWARD

18. PROTEST

19. DISPOSITION OF BIDS

20. AGREEMENT EXECUTION AND PERFORMANCE

ATTACHMENT 1 – BIDDER SUBMISSION CHECKLIST

ATTACHMENT 2 – BIDDER CERTIFICATION

ATTACHMENT 3 – COST WORKSHEET

ATTACHMENT 4 – BIDDER REFERENCES

ATTACHMENT 5 – SUBCONTRACTOR PARTICIPATION

ATTACHMENT 6 – PAYEE DATA RECORD

ATTACHMENT 7 – BIDDER DECLARATION

ATTACHMENT 8 – DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS

ATTACHMENT 9 – DARFUR CONTRACTING ACT CERTIFICATION

ATTACHMENT 10 – CONTRACTOR CERTIFICATION CLAUSES

ATTACHMENT 11 – DCSS CONFIDENTIALITY STATEMENT

ATTACHMENT 12 – DCSS CONFLICT OF INTEREST STATEMENT

ATTACHMENT 13 – SECRETARY OF STATE CERTIFICATE

ATTACHMENT 14 – CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

ATTACHMENT 15 – IRAN CONTRACTING ACT CERTIFICATION

ATTACHMENT 16 – DEBARMENT AND SUSPENSION CERTIFICATION

ATTACHMENT 17 – CERTIFICATION REGARDING LOBBYING

ATTACHMENT 18 – TARGET AREA CONTRACT PREFERENCE ACT

ATTACHMENT 19 – GENERATIVE ARTIFICIAL INTELLIGENCE

SAMPLE CONTRACT – STANDARD AGREEMENT

EXHIBIT A - SCOPE OF WORK

APPENDIX 1 - CURRENT KIOSK LOCATIONS

APPENDIX 2 - CORRECTIONAL FACILITIES

EXHIBIT D -

SPECIAL TERMS AND CONDITIONS

EXHIBIT E -

DATA SECURITY REQUIREMENTS

EXHIBIT F -

INSURANCE REQUIREMENTS

1. Purpose and Description of Services The purpose of this Invitation for Bid (IFB) is to provide excellent customer service and promote the efficiency and accessibility of remitting in-person cash, credit/debit card child support payments. DCSS seeks a payment service provider to accept cash, checks, credit, and debit card payments for child support through free-standing payment kiosks, mobile and web applications.

The contractor shall accept and process child support payments through kiosks in the current locations, and additional kiosks in other county government departments and courts, as well as incorporate the use of a mobile and web payment application. These services shall be in accordance with the attached Sample Contract, Exhibit A, Scope of Work. These locations may be kiosks for child support purposes only or child support payments may be added to kiosks owned by the contractor, if the contractor’s other client (e.g. other local, state government agencies) agrees to the addition of the child support application.

Although the number of potential additional locations is not known at this time, all locations and relocations of kiosks under the Agreement must be in the best interest of customers. The decision for any addition or relocation of kiosks shall be decided by the local child support agencies (LCSAs) and be subject to the approval of DCSS.

2. Minimum Qualifications Bidders must demonstrate experience providing payment services through a large kiosk network and mobile applications. Bidders shall have a proven track record of successfully partnering with clients receiving similar payment services.

Bidders must provide three customer references that are similar in scope and size to the services required in this IFB in the Attachment titled, Bidder References.

Bidders must provide proof of a Money Transmitter License (MTL) or proof of exemption. Bidders must indicate the license or certification information on the Attachment titled, Bidder Certification.

3. Caution to Potential Bidders This IFB contains instructions that regulate the requirements for bids, the bid format, and the materials to be included in the bid. This IFB describes all requirements and responsibilities in detail. Sections 9 through 12 provide information about how to prepare and submit bids, as well as how bids will be evaluated.

To minimize risk of submitting a noncompliant bid, bidders should:

A. Carefully read the entire IFB.

B. Submit written questions by the due date in section 6, Key Action Dates, if clarification is needed.

C. Submit bids by the due date and time.

D. Follow IFB procedures and requirements accurately and timely.

4. Agreement Term The term of the resulting Agreement is anticipated to be effective from May 1, 2025, through April 30, 2028, with one optional one-year extension. The Agreement term may change if DCSS makes an award earlier than expected or if DCSS cannot execute the Agreement in a timely manner due to unforeseen delays.

The resulting Agreement will be of no force or effect until it is signed by both parties and approved by the Department of General Services (DGS).

Contractor must not begin service until all approvals have been obtained.

DCSS may consider services performed before all approvals are obtained to have been volunteered services.

5. Procurement Official and Contact Information The Procurement Official is the single point of contact for bidders during this solicitation. Bidders shall submit questions, bids, and other formal correspondence to the Procurement Official.

Procurement Official: Rosie Proeung Email Address: ASDContracts@dcss.ca.gov

6. Key Action Dates Bidders are advised of the following schedule for this IFB and are expected to adhere to the required dates and times. DCSS reserves the right to modify this schedule at any time and will make reasonable efforts to notify the affected parties. All times are Pacific Time and reflect the time that the questions or bid must be received by DCSS. Dates for events after the public bid opening are tentative and may be changed without addendum.

Event Date Time

IFB Available to Bidders February 13, 2025 Written Questions Submittal Deadline February 19, 2025 4:00 p.m.

State Response to Questions February 24, 2025 4:00 p.m.

mailto:ASDContracts@dcss.ca.gov

Event Date Time

Final Date for Bid Submission February 27, 2025 2:00 p.m.

Public Bid Opening March 3, 2025 11:00 a.m.

Notice of Intent to Award Posted March 7, 2025 Last Day to Protest the Award March 14, 2025 Tentative Agreement Start Date May 1, 2025

7. Americans with Disabilities Act It is the policy of DCSS to comply with the nondiscrimination requirements of the ADA and make every effort to ensure that its programs, activities, and services are available to all people, including people with disabilities.

People with a disability needing reasonable accommodation to participate in the procurement process, or people who have questions regarding reasonable accommodations for the procurement process may contact the Procurement Official identified in section 4, Procurement Official and Contact Information.

To ensure DCSS can meet your needs, we suggest that you submit your request for reasonable accommodation at least 10 business days prior to the scheduled event or due date.

8. Questions A. Bidders must email questions to the following address no later than the date indicated in section 6, Key Action Dates. DCSS will post questions and responses on California State Government Marketplace.

Email: ASDContracts@dcss.ca.gov Subject: Questions, IFB #420, Payment Processing Services Attn: Rosie Proeung

B. Bidders should immediately notify DCSS if clarification is needed or if questions arise regarding services required or the IFB instructions or requirements.

C. Bidders should not make assumptions about DCSS resources or commitments not documented in this IFB. Bidders are encouraged to submit questions for clarification.

https://caleprocure.ca.gov/pages/index.aspx

D. Inadvertent oral communications pertaining to this IFB shall not be binding and shall in no way excuse bidders from any obligations set forth in this IFB.

E. Written questions must include:

1) Requester’s name, name of firm or organization submitting the question, mailing address, email address, and telephone number including area code.

2) IFB section, page number, and other information useful in identifying the specific problem or issue in the IFB.

3) A description of the subject in question or discrepancy found.

4) Remedy requested, if any.

9. Bidding Requirements and Conditions DCSS has established the following requirements with respect to bids to be submitted.

A. The use of “shall,” “must,” or “will” in this IFB indicates a requirement or condition that is mandatory.

B. DCSS may reject bids if they are conditional, incomplete, or contain any alterations of form or other irregularities of any kind. DCSS may reject any or all bids.

C. Bidders are responsible for costs incurred in the development of bids and will not charge DCSS for those costs.

D. Bidders may modify a bid after its submission by withdrawing their original bid and resubmitting a new bid prior to the bid submission deadline as set forth in section 6, Key Action Dates. Bid modifications offered in any other manner, oral or written, will not be considered.

E. DCSS reserves the right to reject all bids and cancel this IFB at any time.

DCSS is not required to award an Agreement.

F. Bidders should review, correct all errors, and confirm compliance with the IFB requirements before submitting a bid for this solicitation. This includes ensuring all required signatures have been obtained.

G. DCSS does not accept alternate contract language from bidders. A bid with such language will be considered a counter bid and will be rejected.

The State’s General Terms and Conditions are not negotiable.

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

I. By submitting a bid, bidders authorize DCSS to verify all claims made by the Bidder including, but not limited to, verification of prior experience and possession of certifications; check client references to confirm business integrity and history of bidder’s ability to deliver effective, efficient, and timely services and other IFB requirements.

J. DCSS reserves the right to do any of the following up to the bid submission deadline:

1) Modify any date or deadline appearing in this IFB. Modification of due dates will be published in the form of an addendum.

2) Issue clarification notices, addenda, alternate IFB instructions, attachments and/or forms, etc.

3) Waive any IFB requirement or instruction for all bidders if DCSS determines that the requirement or instruction was unnecessary, inaccurate, or unreasonable. If deemed necessary, DCSS may also waive for all bidders any unnecessary, inaccurate, or unreasonable IFB requirement or instruction that is detected after bids are received or during the review process.

10. Bid Format This IFB includes an explanation of the Department’s needs which must be met, instructions which describe the format and content of bids to be submitted, and a model of the resulting Agreement.

A. A person who is authorized to bind the bidding firm must digitally sign all applicable documents contained in the bid. Bidders may submit bids containing original wet signatures if they are unable to provide digital signatures.

B. Bids should be formatted using one-inch margins at the top, bottom, and both sides, a sans serif font, 12-14 point, and printed on standard letter sized (8½” x 11”) white paper, with each page clearly and consecutively numbered.

C. Bids should not be bound or contain colored displays or promotional materials.

D. Bidders must submit bids for the performance of all services described in this IFB. Deviations from the work specifications will not be considered and will cause the bid to be rejected.

E. Bids must be complete and accurate. Omissions, inaccuracies, or misstatements deemed material will be cause for rejection of a bid.

F. Bids must include the documents identified in section 11, Bid Content Requirements. Bids not including the Bidder Submission Checklist may be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements.

11. Bid Content Requirements Bidders must submit all items listed in this section in accordance with the submission instructions in section 12, Submission of Bid. Bids must include the following items.

A. Attachments Bidder must include all applicable attachments, completed, and signed as indicated on the individual attachments.

B. Corporate Qualifications Bidder must include information supporting the minimum qualifications for this IFB.

12. Submission of Bid A. Bids must be received by DCSS on or before the date and time shown in section 6, Key Action Dates. A postmark is not sufficient for proof of receipt. Bidders are responsible for timely delivery of the bid. Bids received after the due date and time will not be considered.

B. Bids, regardless of delivery method, must be sealed and clearly marked on the outside packaging with the IFB number and title, your firm’s name and address, and must be marked with “DO NOT OPEN,” as shown in the following example:

IFB #420

Payment Processing Services [Your Company Name and Address]

DO NOT OPEN

C. Bids must be mailed using United States Postal Service (USPS) or be hand delivered (courier or other) to the appropriate address:

1) Mailed (USPS):

Department of Child Support Services Procurement & Contract Branch Attn: Rosie Proeung, MS-623 P.O. Box 419064 Rancho Cordova, CA 95741-9064

2) Hand Delivery (If hand delivering, go to the Receiving Area located on the east side of the building. Security guards at the front desk will not take delivery of bids.) You can call the Receiving Area at

(916) 464-2866.

Department of Child Support Services Procurement & Contract Branch Attn: , MS-623 11150 International Drive Rancho Cordova, CA 95670

13. Public Bid Opening Bid packages received according to the IFB instructions on or before the bid due date in section 6, Key Action Dates will be publicly opened and read at a virtual bid opening. Notify the Procurement Official that you wish to attend, and you will be sent an invitation with a link to the virtual environment.

Questions regarding the bid opening may be directed to the Procurement Official.

14. Bid Evaluation and Selection A. Review of Timely Submissions

DCSS will review each bid received by the bid submission due date and time specified in section 6, Key Action Dates, for compliance with the submission requirements of this IFB. This is a pass or fail review. Bidders who pass are determined to be responsive and bidders who fail are determined to be nonresponsive.

B. Responsiveness and Responsibility Determination

1) DCSS will evaluate each bid to determine its responsiveness and each bidder’s responsibility to the published requirements of this IFB.

2) A responsive bidder is one who submits a bid that meets all the submission requirements and minimum qualification requirements stated in this IFB.

3) A responsible bidder is one that is trustworthy and possesses the necessary quality, fitness, and capacity to satisfactorily perform the proposed work.

4) Responsive bids shall be considered evidence of the bidder’s responsibility. DCSS reserves the right to reevaluate a bidder’s responsibility prior to award and is in no way limited to submitted bid packages in deciding as to a bidder’s responsibility. In determining whether a bidder is responsible, DCSS may require bidders to submit further evidence of their qualifications.

C. Nonresponsive Bids

In addition to any condition previously indicated in this IFB, DCSS may deem a bid nonresponsive if:

1) Bidder fails to comply with the content of this IFB or its submission instructions.

2) The bid is conditional, materially incomplete, or defective.

3) DCSS discovers, at any stage of the selection or upon Agreement award, that the awarded bidder is unwilling or unable to comply with the Agreement terms, conditions, attachments, or exhibits cited in this IFB, or the Sample Contract.

D. State’s Right to Request Clarification

DCSS, at its sole discretion, reserves the right to collect the following:

1) Information or data omitted from a bid or required exhibit or form.

2) Information or material needed to clarify or confirm statements and/or claims made by the bidder in their bid.

3) Information, material, forms, or attachments needed to correct or remedy an immaterial defect in a bid.

E. Immaterial Deficiency

1) DCSS may waive any immaterial deficiency in any bid and allow the bidder to remedy those deficiencies. DCSS reserves the right to use its best judgment to determine what constitutes an immaterial deficiency.

2) DCSS waiving an immaterial deficiency in a bid shall in no way modify this IFB or excuse a bidder from full compliance with all IFB requirements.

F. Unanticipated Errors

DCSS reserves the right to remedy errors caused by DCSS office equipment malfunctions, negligence by DCSS staff, or natural disasters (i.e., floods, fires, earthquakes, etc.).

G. Correction of Clerical or Mathematical Errors

1) DCSS reserves the right, at its sole discretion, to overlook, correct, or require a bidder to remedy any obvious clerical or mathematical errors occurring in the bid or on the Cost Worksheet.

2) DCSS may require bidders to submit a revised Cost Worksheet if the correction of a mathematical error results in an alteration of any rates, costs, figures, calculations, annual cost, or total cost offered.

H. Tax Delinquencies Contract Ban Public Contract Code (PCC) section 10295.4 provides that a state agency shall not enter into any agreement for goods or services with a contractor whose name appears on either list of the 500 largest tax delinquencies pursuant to section 7063 or 19195 of the Revenue and Taxation Code. The Franchise Tax Board (FTB) and Board of Equalization (BOE), now California Department of Tax and Fee Administration (CDTFA) will post and periodically update lists of the 500 largest tax delinquencies on their websites as required by law. Starting July 1, 2012, prior to executing Agreements, state agencies must check the FTB and CDTFA lists to ensure the proposed supplier is not on either list. DCSS cannot award an Agreement to bidders found to be on either of those lists.

I. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the

U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. DCSS shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the state.

J. State’s Right to Reject Responses

A deviation exists when a bid is not in accord with IFB requirements. A deviation is material if it provides an advantage to one bidder over another or has a significant effect on the delivery, quantity, or quality of items, the amount paid to the bidder, or the cost to DCSS. Material deviations cannot be waived. DCSS, at its sole discretion, reserves the right to reject any bid that:

1) Contains price elements that exceed the anticipated funding limit(s) indicated by DCSS in this IFB, or other communication.

2) Is submitted by a firm that has been decertified or is ineligible to contract with a state or federal agency. This includes firms that are no longer in good standing or not qualified to conduct business in California.

3) Contains false or misleading statements, or which provide references which do not support an attribute or condition claimed by the bidder.

4) Contains any deviation from the work specifications.

5) Contains alterations to the General Terms and Conditions, or special provisions submitted by a bidder. DCSS will consider a bid containing such provisions a counter bid and the bid may be rejected.

15. Preference and Participation Programs DCSS will apply preference adjustments to eligible bidders, who claim preferences according to state regulations and following DCSS verification of approved certification with the Department of General Services (DGS), Office of Small Business & Disabled Veteran Business Enterprise Services

(OSDS). DCSS will only apply preferences in this IFB if more than one responsible, responsive bid is received.

A. Small Business

Bidders claiming the small business (SB) preference must be certified by California as a small business or must meet one of the other criteria listed in this section. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. PT on the proposed due date, and the OSDS must be able to approve the application as submitted. Small business nonprofit veteran service agencies (SB/NVSA) claiming the SB preference must possess certification by California prior to the proposal due date and time. Questions regarding certification should be directed to the OSDS at OSDSHelp@dgs.ca.gov or (916) 375-4940.

1) Small Business (SB) Regulations: SB regulations are found in the California Code of Regulations (CCR), Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et seq. These regulations govern the application and calculation of SB preference, SB eligibility, certification, and SB responsibilities.

Regulations can be viewed at DGS Website - Notice of Rulemaking Regulations for SB and/or DVBE. For those without Internet access, a copy of the regulations can be obtained by calling the Office of SB and DVBE Services (OSDS) at (916) 375-4940.

2) Small Business Preference: The State of California provides a 5% preference to certified SB bidders. For the purposes of this section, the definitions specified in Title 2, California Code of Regulations (CCR), Section 1896.4 shall apply unless otherwise noted.

3) Non-Small Business Subcontractor Preferences: A 5% preference is available to a non-SB claiming 25% California-certified SB subcontractor participation.

4) Small Business Nonprofit Veteran Service Agencies (SB/NVSA): SB/NVSA prime bidder’s meeting requirements specified in the Military and Veterans Code section 999.50 et seq. and obtaining a California certification as a SB are eligible for 5% SB preference.

5) Bidder Declaration: Bidders must complete and include the attachment titled Bidder Declaration indicating SB preference, non-SB subcontractor preference or SB/NVSA. The form must list all the mailto:OSDSHelp@dgs.ca.gov https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Notice-of-Rulemaking-Regulations-for-SB-DVBE

California-certified SBs with which the bidder commits to subcontract with. All certified SBs must perform a commercially useful function (CUF) in the performance of the contract as defined in Government Code section 14837(d)(4). Proposers can learn more about CUF on the DGS Commercially Useful Function for Certified Firms webpage.

B. Disabled Veteran Business Enterprise (DVBE)

DCSS is committed to meeting or exceeding the State’s minimum annual disabled veteran business enterprise (DVBE) participation goal of total reportable procurements. This goal of at least 3% DVBE participation is established in Public Contract Code (PCC) section 10115 et seq., Military & Veterans Code (MVC) section 999 et seq., and California Code of Regulations (CCR) Title 2, Division 2, Chapter 3, Subchapter 10.5, Article 2, DVBE Participation in State Contracting.

1) DVBE Requirements: DCSS elects to waive the DVBE Program Requirements in this solicitation but opts to include the DVBE incentive.

2) DVBE Incentive: Subject to exceptions in Government Code and pursuant to regulations, state law requires DCSS to reach an annual DVBE participation goal of 3%. To reach that 3% goal, for evaluation purposes, DCSS will give an incentive to bidders who provide DVBE participation.

DVBE participation must be identified on the attachment titled Bidder Declaration and will be confirmed by DCSS. The incentive amount for awards based on low price will vary in conjunction with the percentage of DVBE participation. The following percentages will apply for awards based on low price.

Confirmed DVBE Participation of: DVBE Incentive 5% or over 5%

4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3%

3) DVBE Reporting Requirements: If the contractor made a commitment to achieve DVBE participation, they must complete and submit the STD 817, Prime Contractor’s Certification – DVBE Subcontracting Report upon completion. DCSS may withhold $10,000 or full payment if less than $10,000 from the final payment pending receipt of a complete and accurate STD 817.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms?search=commercially%20useful https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms?search=commercially%20useful

A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Military & Veterans Code (M&VC) section 999.5(d)).

4) DVBE Substitutions: Bidder understands and agrees that should award of an Agreement be based in part on their commitment to use a DVBE subcontractor(s), a DVBE subcontractor identified in their bid 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 and approved DVBE substitutions will be documented by Agreement amendment.

5) Failure to Seek Substitution: A contractor who fails to seek substitution and adhere to the DVBE participation level identified in their bid may be subject to termination of the Agreement, recovery of damages under the rights and remedies due to the State, and penalties as outlined in M&VC section 999.9; Public Contract Code (PCC) section 10115.10, or PCC section 4110 (applies to public works only).

6) Bidder Declaration: Bidders must complete and include the attachment titled Bidder Declaration indicating DVBE participation.

The form must list all the California-certified DVBEs with which the bidder commits to subcontract with. All certified DVBEs must perform a commercially useful function (CUF) in the performance of the contract as defined in Government Code section 14837(d)(4). Bidders can learn more about CUF on the DGS Commercially Useful Function for Certified Firms webpage.

7) DVBE Declarations: If applicable, the disabled veteran owner(s) and disabled veteran manager(s) of the DVBE must complete and sign the attachment titled Disabled Veteran Business Enterprise Declarations (DGS PD 843), when a DVBE bidder or subcontractor will provide materials, supplies, services, or equipment (Military and Veterans Code section 999.2).

C. Target Area Contract Preference Act (TACPA)

1) This solicitation contains a link to Target Area Contract Preference Act (TACPA) workplace and workforce preference request forms in the attachment by the same name. Bidders are not required to apply for these preferences. Denial of the TACPA preference request is not a basis for rejection of the bid. Bidders should carefully review the forms and requirements.

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms?search=commercially%20useful https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms?search=commercially%20useful

2) California-based companies seeking TACPA preferences will need to complete and submit preference request forms with their bid. The link in Attachment 9 will take you to the DGS website containing the required forms and an interactive map to determine if a business is located within a TACPA qualified zone.

3) Any questions regarding the TACPA preference should be directed to TACPA@dgs.ca.gov.

4) The granting of TACPA preference cannot displace an award to a certified small business.

5) TACPA preference cannot be granted if:

a) The lowest proposed cost does not equal or exceed $100,000 for the entire term.

b) The work site or any part thereof is fixed or preset by DCSS.

c) The services involve construction or a public works project.

6) A bidder who has claimed a TACPA preference and is awarded the Agreement will be obligated to perform in accordance with the preference(s) requested, provided the preference was granted in obtaining the Agreement. Firms receiving preference must:

a) Report their labor hours to DCSS.

b) Reference the Agreement number on which the award is based for the specific reporting requirements.

D. Combined Preferences

The maximum preference or score addition that any bidder may be granted for SB preference, non-SB subcontractor preference, DVBE incentive, and TACPA preference combined is 15%.

Any bidder that claims and is granted non-SB subcontractor preference, and TACPA preference cannot displace an award to a certified SB or MB.

mailto:TACPA@dgs.ca.gov

E. Application of Preference Points

When responsive and responsible bidders are eligible for one or more incentives and/or preferences, the order of application shall be as follows:

1) SB preference.

2) Non-SB subcontractor preference.

3) DVBE incentive.

4) TACPA preference.

16. Evaluation A. Cost Worksheets

Cost Worksheets of bidders who are deemed responsive and responsible will be evaluated for the lowest cost. Preferences and incentive will be calculated and applied to determine each bidder’s total evaluated cost.

B. Tie Bids If two or more bidders submit bids that, after the calculation of preferences as described in section 15, Preference and Participation Programs, result in a tie, DCSS shall resolve the tie as follows:

1) In accordance with Government Code section 14838, subdivision (f), in the event of a precise tie between a small business (SB) or microbusiness (MB), and a disabled veteran-owned small business or microbusiness, the Agreement shall be awarded to the disabled veteran-owned small business or microbusiness.

2) In accordance with the California Code of Regulations, title 2, section 1896.6, if, after the application of the SB preference, the bid of the SB is equal to the lowest priced bid from a responsible non-small business, the Agreement shall be awarded to the SB.

3) In all other circumstances and in accordance with the State Contracting Manual, the tiebreaker will be a coin toss. DCSS will notify the affected bidders no less than 24 hours prior to the coin flip to allow the bidder or their designee to be present to witness the coin toss.

DCSS will document in the procurement file all steps taken to resolve the tie.

4) In no event will DCSS settle a tie by dividing the work among the tied bidders

C. Low Cost Calculation Using the given transaction amount of $100.00 USD.

Bidders average flat fee, determined by adding together the bid rate for all four years and dividing it by 4, equals the bidder’s evaluated flat fee.

Bidder’s average percentage rate, determined by adding together the bid rate for all four years and dividing it by 4, multiplied by the given transaction amount of $100, equals the bidder’s evaluated percentage rate.

Bidder’s evaluated flat fee plus the bidder’s evaluated percentage rate equals the bidder’s evaluated total bid amount. This is the amount that will be used to determine the lowest bidder.

Example Bid:

Year 1 Year 2 Year 3 Year 4 Flat Fee $1.75 $1.75 $1.85 $1.85 Percentage Rate 1.9% 1.9% 2% 2.25%

Example Evaluation:

Example Bidder A Bidder B Bidder C Average Flat Fee $1.80

Average Percentage Rate

2.01%

Evaluated Flat Fee $1.80

Evaluated Percentage Rate Fee

$2.01

Evaluated Total Bid Amount $3.81

17. Intent to Award A. Award, if made will be to the responsible and responsive bidder with the lowest evaluated cost after preferences and incentives have been calculated. DCSS reserves the right to reject all bids and cancel this solicitation in its entirety, if it is in the best interest of the state.

B. When an award from a competitive solicitation, is not to be awarded to the lowest bidder, the lowest bidder will be notified by email five working days prior to the award of the Agreement.

C. Prior to awarding the Agreement, a notice of Intent to Award for this IFB will be publicly posted for at least five working days in the DCSS lobby at 11150 International Drive, Rancho Cordova, 95670.

18. Protest A. If any bidder, prior to the award of Agreement, files a written protest with the Department of General Services (DGS), Office of Legal Services (OLS) and DCSS on the grounds that the (protesting) bidder is the lowest responsive, responsible bidder, the Agreement shall not be awarded until the protest has been withdrawn or DGS/OLS makes a decision.

B. The protesting bidder shall file with DGS and DCSS a detailed written statement specifying grounds for the protest within five calendar days after filing the initial protest, but not later than the Last Day to Protest the Award date and time specified in section 6, Key Action Dates.

The written protest must be sent to:

DGS, Office of Legal Services Attention: Bid Protest Coordinator 707 Third Street, 7th Floor, Suite 7-330 West Sacramento, California 95605 or Email: OLSProtests@dgs.ca.gov.

If mailed, it is suggested that bidders submit any protest by certified or registered mail.

A copy of the detailed written statement must be emailed to DCSS at ASDContracts@dcss.ca.gov.

C. In the event DCSS receives only one bid, DCSS has the right to waive the protest period and award the Agreement.

19. Disposition of Bids A. All documents submitted in response to this IFB will become the property of DCSS and will be regarded as public records under the California Public Records Act (Government Code section 6250 et. seq.) and subject to review by the public.

mailto:OLSProtests@dgs.ca.gov

B. The contents of bids shall be held in strictest confidence until the “Notice of Intent to Award” is issued. Bidders should be aware that marking a document “confidential” or “proprietary” may exclude it from consideration for award and will not keep that document from being released as part of the public record after the Notice of Intent to Award is issued unless a court has ordered DCSS not to release the document.

C. DCSS will provide copies of bid documents upon request at the expense of the requestor, unless waived by DCSS.

D. DCSS may return bids upon request at the bidder’s expense unless such expense is waived by DCSS.

20. Agreement Execution and Performance A. The awarded bidder must enter into an Agreement comprised of their bid and the state-approved language provided in the exhibits.

B. Performance shall start no later than the date set by DCSS and the contractor, after all approvals have been obtained and the Agreement is fully executed. Should the contractor fail to commence work at the agreed upon time, DCSS, upon five days written notice to the contractor, reserves the right to terminate the Agreement. In addition, the contractor shall be liable to DCSS for the difference between their bid price and the actual cost of performing work by another bidder.

C. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

D. If an inconsistency or conflict arises between the terms and conditions appearing in the final Agreement and the terms and conditions appearing in this IFB, any inconsistency or conflict will be resolved by giving precedence to the final Agreement.

ATTACHMENT 1 – BIDDER SUBMISSION CHECKLIST

A complete bid will consist of the items identified below. Complete this checklist to confirm the items in your bid. Place a check mark or “X” next to each item that you are submitting to the State. For your bid to be responsive, all required attachments must be submitted, including this checklist. The shaded “DCSS Verification” is for DCSS use only.

Attachment 1 - Bidder Submission Checklist (required) Yes No

Attachment 2 - Bidder Certification (required) Yes No

Attachment 3 - Cost Worksheet (required) Yes No

Attachment 4 - Bidder References (required) Yes No

Attachment 5 - Subcontractor Participation Yes No

Attachment 6 - Payee Data Record (required) Yes No

Attachment 7 - Bidder Declaration (required) Yes No

Attachment 8 - Disabled Veteran Business Enterprise Declarations (required if certified DVBEs are participating) Yes No

Attachment 9 - Darfur Contracting Act Certification (required) Yes No

Attachment 10 - Contractor Certification Clauses (required) Yes No

Attachment 11 - DCSS Confidentiality Statement (required) Yes No

Attachment 12 - DCSS Conflict of Interest Statement (required) Yes No

Attachment 13 - Secretary of State Certificate (required if corporation or partnership) Yes No

Attachment 14 - California Civil Rights Laws Certification (required) Yes No

Attachment 15 – Iran Contracting Act Certification Yes No

Attachment 16 - Debarment and Suspension Certification (required) Yes No

Attachment 17 - Certification Regarding Lobbying (page 1 required, page 2 required if Proposer has items to report) Yes No

Attachment 18 - Target Area Contract Preference Act (TACPA) forms (required if requesting TACPA preference) Yes No

Attachment 19 - Generative Artificial Intelligence (required) Yes No

Corporate Qualifications (required) Yes No

ATTACHMENT 2 – BIDDER CERTIFICATION

This Bidder Certification must be signed and returned along with all the required attachments:

A. Bidder’s all-inclusive cost worksheet is provided.

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

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

An Unsigned Bidder Certification Sheet May Be Cause for Rejection

Company Name: ______________________________________________________

Telephone Number: ____________________________________________________

Email Address: _________________________________________________________

Address: _______________________________________________________________

Indicate Organization Type:

Sole Proprietorship

Partnership

Corporation

Indicate the applicable employee and/or corporation number:

Federal Employee ID Number: __________________________

California Corporation Number: _________________________

Indicate applicable license and/or certification information:

Bidder’s Name: ________________________________________________

Title: ___________________________________________________________

Signature: _________________________________________ Date: _____________

Are you certified with the Department of General Services, Office of Small Business (SB) and Disabled Veteran Business Enterprise (DVBE) Services (OSDS) as:

California SB; if so, enter certification number: ______________

DVBE, if so, enter certification number: ____________________

NOTE: A copy of your Certification is required to be included.

ATTACHMENT 3 – COST WORKSHEET

The successful bidder will be paid a flat fee per transaction. The flat fee per transaction applies to all child support payment types (cash, check, credit, and debit card) and shall not exceed $2.00 per transaction. It is estimated, but not guaranteed that there are between 225,000-250,000 transactions per year. The flat fee per transaction shall remain firm and fixed for the term of the Agreement. The successful bidder will submit an itemized invoice for this transaction fee to DCSS monthly.

The successful bidder will charge the lowest possible percentage rate per transaction to the user separately for actual merchant fees, including interchange charges, service charges, and fees associated with child support credit and debit card payments. This fee shall not be billed to DCSS.

The bidder must bid:

Year 1 Year 2 Year 3 Year 4 Flat Fee Per Transaction

Percentage Rate Per Transaction

Signature of Authorized Representative By signing this document bidder is making a firm, irrevocable offer.

Failure to sign is grounds for rejection.

Company Name: ________________________________________________________

Authorized Representative Name & Title: __________________________________

Signature of Authorized Representative: ___________________________________

Date: __________________

ATTACHMENT 4 – BIDDER REFERENCES

List below three references that can verify bidders experience from current and/or former paying clients for whom the bidder has provided services similar in size and scope to those required in the Sample Contract within the last five years. At least one of the references should include a California state agency. If the bidder is not or has not been under Contract to a California state agency, references from other public sector engagements or private firms are acceptable.

REFERENCE 1

Name of Firm: ______________________________________________________

Address: __________________________________________________________

Contact Person: _____________________________________________________

Telephone Number: ________________________

Dates of Service: ____________________________________________________

Value or Cost of Service: __________________

Brief Description of Service Provided: ______________________________________

REFERENCE 2

Name of Firm: ______________________________________________________

Address: __________________________________________________________

Contact Person: _____________________________________________________

Telephone Number: ________________________

Dates of Service: ____________________________________________________

Value or Cost of Service: __________________

REFERENCE 3

Name of Firm: ______________________________________________________

Address: __________________________________________________________

Contact Person: _____________________________________________________

Telephone Number: ________________________

Dates of Service: ____________________________________________________

Value or Cost of Service: __________________

ATTACHMENT 5 – SUBCONTRACTOR PARTICIPATION

Complete for each subcontractor participant, if applicable. Subcontractors are subject to all the requirements, terms and conditions, and procedures detailed in the proposed Agreement. Use multiple sheets if necessary.

SOW Position Title: _____________________________________________________

Firm Name: ___________________________________________________________

Subcontractor Contact Name: _____________________________________________

Address: ______________________________________________________________

Telephone: ______________________ Email Address: ________________________

SOW Position Title: _____________________________________________________

Firm Name: ___________________________________________________________

Subcontractor Contact Name: _____________________________________________

Subcontractor Contact Name: _____________________________________________

Subcontractor Contact Name: _____________________________________________

ATTACHMENT 6 – PAYEE DATA RECORD

Complete and sign the Payee Data Record and Payee Data Record Supplement (if applicable) and include in the bid package.

Payee Data Record forms are available electronically on the Department of General Services (DGS) website: STD 204 - Payee Data Record (ca.gov) and STD 205 - Payee Data Record Supplement (ca.gov) https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

ATTACHMENT 7 – BIDDER DECLARATION

Bidder must complete the Bidder Declaration form indicating their own small business and/or disabled veteran business enterprise status and declaring any subcontractors that will be employed for the duration of the proposed Agreement along with the subcontractor’s certification information. Complete and sign the Bidder Declaration (GSPD-05-105) and include it in the bid package.

Bidder Declaration is available on the DGS website at: Bidder Declaration (ca.gov) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

ATTACHMENT 8 – DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS

If applicable, the disabled veteran owner(s) and disabled veteran manager(s) of the DVBE must complete and sign the Disabled Veteran Business Enterprise Declarations (DGS PD 843), when a DVBE bidder or subcontractor will provide materials, supplies, services or equipment (Military and Veterans Code section 999.2).

Form is available on the DGS website at: STD. 843 (Rev. 11/2005) (ca.gov) https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_843.pdf

ATTACHMENT 9 – DARFUR CONTRACTING ACT CERTIFICATION

Public Contract Code (PCC) sections 10475-10481 apply to any company that currently or within the previous three years has had business activities or other operations outside of the United States.

Read the form in the link and determine which option applies to your company.

If your company has not had business activities outside the U.S., you are not required to complete this form. Please indicate that in your bid to avoid the appearance that you have not provided a response to this requirement.

Darfur Contracting Act Certification available at https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf https://www.documents.dgs.ca.gov/dgs/FMC/GS/PD/PD_1.pdf

ATTACHMENT 10 – CONTRACTOR CERTIFICATION CLAUSES

Contractors must agree to the terms and conditions in the Contractor Certification Clauses referenced in the General Terms and Conditions which will be incorporated into any Agreement that may result from this IFB.

Bidders must complete and digitally sign and date the form and include it in their bid package.

Contractor Certification Clauses (CCC 04/2017) are available on the DGS website at: Standard Contract Language (ca.gov) https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language

ATTACHMENT 11 – DCSS CONFIDENTIALITY STATEMENT

As an authorized representative or corporate officer of the company name below, I have the authority to bind the company contractually, and I agree that all persons employed by this company will adhere to the following policy:

All information belonging to the Department of Child Support Services (DCSS) or its affiliated agencies is considered sensitive and confidential and cannot be disclosed to any person or entity that is not directly approved to participate in the work required to execute this Agreement.

I certify that I will keep all information including (but not limited to) information concerning the planning, processes, development or procedures of the project, and all communication DCSS or its affiliates related to any procurement process, confidential and secure. I will not copy, give or otherwise disclose such information to any other person unless the DCSS has on file a Confidentiality Statement signed by the other person(s), and the disclosure is authorized and necessary for the procurement. I understand that the information to be kept confidential includes, but is not limited to, specifications, administrative requirements, terms and conditions, concepts, and discussions, as well as written and electronic materials. I further understand that if I leave this procurement before it ends, I must keep all procurement information confidential. I agree to follow any instructions provided by the project relating to the confidentiality of procurement information.

I fully understand that any unauthorized disclosure I make may be basis…