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State of Utah
Bid MP14036
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Solicitation MP14036
Utah Dept of Corrections- Electronic Funds Transfer
Bid designation: Public
State of Utah
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State of Utah
Bid MP14036
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Bid MP14036 Utah Dept of Corrections- Electronic Funds Transfer Bid Number
MP14036
Bid Title
Utah Dept of Corrections- Electronic Funds Transfer
Bid Start Date
Apr 22, 2014 1:30:25 PM MDT
Bid End Date
May 30, 2014 1:00:00 PM MDT
Question & Answer End Date
May 16, 2014 1:00:00 PM MDT
Bid Contact
Mark R Parry Purchasing Agent DAS-Purchasing and General Services
Contract Duration
5 years
Contract Renewal
Not Applicable
Prices Good for
5 years
Bid Comments
You are instructed to pay special attention to the RFP language regarding the information to be submitted with your proposal and the format of that information. Evaluation of the proposals received will be in accordance with the evaluation criteria contained herein. Pricing is not the only evaluation factor. ALL questions concerning this solicitation must be submitted through the BidSync system. Only answers issued through the BidSync system or issued via an authorized and properly issued addendum shall be the official position of the State. Any modification to this procurement effort shall be made by addendum issued by the State Division of Purchasing. Only authorized and properly issued addenda shall constitute the official position of the State and shall be binding. Anyone submitting a response to this solicitation, with basis in or other communication or information received from sources other than through official addendum, assumes full risk including the possibility of a determination of non -responsiveness and may be rejected at the sole discretion of the State. Responses submitted in BidSync are completely secure. NO ONE can see them until after the solicitation deadline. Therefore you do not have to wait until the last minute to submit; and you may change your submission any time until the solicitation closes. If you have not completed the submission by the deadline, BidSync will reject your submission. Please plan well. Please enumerate all costs on the attached Cost Proposal Form. Please do not include any costs in the actual proposal response. --------------------------------------For details on specifications, Scope of Work, and other VERY IMPORTANT information, please see documents: MP11018- 2011 Plant Acquisition Consulting MP11018- Attachment B Special Terms MP11018- Attachment C Cost Proposal Form MP11018- Attachment D Evaluation Score Sheet --------------------------------------If you have any trouble submitting your response or attaching documents in the BidSync System, please contact Vendor Customer Support at (801) 765-9245. --------------------------------------Exceptions to the Standard Terms and Conditions MUST be submitted with the proposal response. Exceptions submitted after the date and time for receipt of proposals will NOT be considered. The State retains the right to refuse to negotiate on exceptions should the exceptions be excessive, not in the best interest of the State, could result in excessive costs to the state, or could adversely impact existing time constraints. In a multiple award situation, the State reserves the right to negotiate exceptions to terms and conditions based on the offer with the least to the most exceptions taken. Contracts may become effective as negotiations are completed. --------------------------------------NOTE: Wherever the term bid, bidder, bidding or quote appears in this solicitation or reference is made to a bid, bidder, bidding, or quote, it shall be interpreted to mean offeror, as defined in 63G-6a-103(30), RFP, or Request for Proposals, as defined in 63G-6a-103(38) and the procurement shall be conducted subject to the provisions of 63G-6a-701-711.
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Item Response Form
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negotiations are completed. --------------------------------------State ofor Utah NOTE: Wherever the term bid, bidder, bidding quote appears in this solicitation or reference is made toBid a MP14036 bid, bidder, bidding, or quote, it shall be interpreted to mean offeror, as defined in 63G-6a-103(30), RFP, or Request for Proposals, as defined in 63G-6a-103(38) and the procurement shall be conducted subject to the provisions of 63G-6a-701-711. Item Response Form
Item
MP14036-- 01-01 - Utah Dept of Corrections- Electronic Funds Transfer
Quantity
1 contract
Prices are not requested for this item. Delivery Location State of Utah No Location Specified Qty 1
Description The purpose of this request for proposal is to enter into a contract with a qualified firm to provide electronic fund transfer to interface with existing offender trust accounting systems to facilitate the deposit of inmate funds and the payment of restitution, fines, and fees; and to provide magnetic strip cards and equipment necessary for UDC Inmate Release Debit Card and Reloadable Debit Card Programs. It is anticipated that this RFP may result in an award to a single contractor. However, the State of Utah reserves the right to award to multiple contractors if it is determined to be in the best interest of the State. ************************************* ALL COSTS are to be submitted SEPARATELY on the document labeled “MP14036- Attachment D- Cost Breakdown Sheet”. 6
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State of Utah
Bid MP14036
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STATE OF UTAH
SOLICITATION NO. MP14036 Utah Dept of Corrections- Electronic Funds Transfer
RESPONSES DUE NO LATER THAN:
May 30, 2014 1:00:00 PM MDT
RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO: www.bidsync.com RESPONSES MAY BE MAILED OR DELIVERED TO: State of Utah Division of Purchasing 3150 State Office Building, Capitol Hill Salt Lake City, Utah 84114-1061
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State of Utah
Bid MP14036
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State of Utah Request for Proposal
Legal Company Name (include d/b/a if applicable)
Federal Tax Identification
State of Utah Sales Tax ID
Number
Number
Ordering Address
City
State
Zip Code
Remittance Address (if different from ordering address)
City
State
Zip Code
Type
Company Contact Person
Corporation
Partnership
Proprietorship
Government
Telephone Number (include area code)
Fax Number (include area code)
Company= s Internet Web Address
Email Address
Discount Terms (for bid purposes, bid discounts less than 30
Days Required for Delivery After Receipt of Order (see
days will not be considered)
attached for any required minimums)
Offeror= s Authorized Representative= s Signature
Date
Type or Print Name
Position or Title
NOTICE 4/22/2014 1:33 PM
When submitting a response (proposal, quote or bid) electronically through BidSync, it is the sole responsibility of the supplier to ensure that the
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State of Utah
Bid MP14036
NOTICE When submitting a response (proposal, quote or bid) electronically through BidSync, it is the sole responsibility of the supplier to ensure that the response is received by BidSync prior to the closing date and time. Each of the following steps in BidSync MUST be completed in order to place an offer: A. Login to www.bidsync.com; B. Locate the bid (solicitation) to which you are responding; a. Click the “Search” tab on the top left of the page; b. Enter keyword or bid (solicitation) number and click “Search”; C. Click on the “Bid title/description” to open the Bid (solicitation) Information Page; D. “View and Accept” all documents in the document section; E. Select “Place Offer” found at the bottom of the page; F. Enter your pricing, notes, other required information and upload attachments to this page; G. Click “Submit” at the bottom of the page; H. Review Offer(s); and I. Enter your password and click “Confirm”. Note that the final step in submitting a response involves the supplier’s acknowledgement that the information and documents entered into the BidSync system are accurate and represent the supplier’s actual proposal, quote or bid. This acknowledgement is registered in BidSync when the supplier clicks “Confirm”. BidSync will post a notice that the offer has been received. This notice from BidSync MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted. Be aware that entering information and uploading documents into BidSync may take considerable time. Please allow sufficient time to complete the online forms and upload documents. Suppliers should not wait until the last minute to submit a response. It is recommended that suppliers submit responses a minimum of 24 hours prior to the closing deadline. The deadline for submitting information and documents will end at the closing time indicated in the solicitation. All information and documents must be fully entered, uploaded, acknowledged (Confirm) and recorded into BidSync before the closing time or the system will stop the process and the response will be considered late and will not be accepted. Responses submitted in BidSync are completely secure. No one (including state purchasing staff) can see responses until after the deadline. Suppliers may modify or change their response at any time prior to the closing deadline. However, all modifications or changes must be completed and acknowledged (Confirm) in the BidSync system prior to the deadline. BidSync will post a notice that the modification/change (new offer) has been received. This notice from BidSync MUST be recorded prior to the closing date and time or the response will be considered late and will not be accepted. Utah Code 46-4-402(2) Unless otherwise agreed between a sender (supplier) and the recipient (State Purchasing), an electronic record is received when: (a) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (b) it is in a form capable of being processed by that system. REQUEST FOR PROPOSAL - INSTRUCTIONS AND GENERAL PROVISIONS 1. SUBMITTING THE PROPOSAL: (a) The Utah Division of Purchasing and General Services (DIVISION) prefers that proposals be submitted electronically. Electronic proposals may be submitted through a secure mailbox at BidSync (formerly RFP Depot, LLC) (www.bidsync.com) until the date and time as indicated in this document. It is the sole responsibility of the supplier to ensure their proposal reaches BidSync before the closing date and time. There is no cost to the supplier to submit Utah’s electronic proposals via BidSync. (b) Electronic proposals may require the uploading of electronic attachments. The submission of attachments containing embedded documents is prohibited. All documents should be attached as separate files. (c) If the supplier chooses to submit the proposal directly to the DIVISION in writing: The proposal must be signed in ink, sealed, and delivered to the Division of Purchasing, 3150 State Office Building, Capitol Hill, Salt Lake City, UT 84114-1061 by the "Due Date and Time.” The "Solicitation Number" and "Due Date" must appear on the outside of the envelope. All prices and notations must be in ink or typewritten. Each item must be priced separately. Unit price shall be shown and a total price shall be entered for each item offered. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing offer. Unit price will govern, if there is an error in the extension. Written offers will be considered only if it is submitted on the forms provided by the DIVISION. (d) Proposals, modifications, or corrections received after the closing time on the "Due Date" will be considered late and handled in accordance with the Utah Procurement Rules, section R33-3-209. (e) Facsimile transmission of proposals to DIVISION will not be considered. 2. PROPOSAL PREPARATION: (a) Delivery time of products and services is critical and must be adhered to as specified. (b) Wherever in this document an item is defined by using a trade name of a manufacturer and/or model number, it is intended that the words, "or equivalent" apply. "Or equivalent" means any other brand that is equal in use, quality, economy and performance to the brand listed as determined by the DIVISION. If the supplier lists a trade name and/or catalog number in the offer, the DIVISION will assume the item meets the specifications unless the offer clearly states it is an alternate, and describes specifically how it differs from the item specified. All offers must include complete manufacturer=s descriptive literature if quoting an equivalent product. All products are to be of new, unused condition, unless otherwise requested in this solicitation. (c) Incomplete proposals may be rejected. (d) Where applicable, all proposals must include complete manufacturer=s descriptive literature. (e) By submitting the proposal the offeror certifies that all of the information provided is accurate, that they are willing and able to furnish the item(s) specified, and that prices offered are correct. (f) This proposal may not be withdrawn for a period of 60 days from the due date. 3. FREIGHT COST: Suppliers are to provide line item pricing FOB Destination Freight Prepaid. Unless otherwise indicated on the 4/22/2014 1:33 PM contract/purchase order, shipping terms will be FOB Destination Freight Prepaid.
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received when: (a) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (b) it is in a form capable of State of Utah Bid MP14036 being processed by that system. REQUEST FOR PROPOSAL - INSTRUCTIONS AND GENERAL PROVISIONS 1. SUBMITTING THE PROPOSAL: (a) The Utah Division of Purchasing and General Services (DIVISION) prefers that proposals be submitted electronically. Electronic proposals may be submitted through a secure mailbox at BidSync (formerly RFP Depot, LLC) (www.bidsync.com) until the date and time as indicated in this document. It is the sole responsibility of the supplier to ensure their proposal reaches BidSync before the closing date and time. There is no cost to the supplier to submit Utah’s electronic proposals via BidSync. (b) Electronic proposals may require the uploading of electronic attachments. The submission of attachments containing embedded documents is prohibited. All documents should be attached as separate files. (c) If the supplier chooses to submit the proposal directly to the DIVISION in writing: The proposal must be signed in ink, sealed, and delivered to the Division of Purchasing, 3150 State Office Building, Capitol Hill, Salt Lake City, UT 84114-1061 by the "Due Date and Time.” The "Solicitation Number" and "Due Date" must appear on the outside of the envelope. All prices and notations must be in ink or typewritten. Each item must be priced separately. Unit price shall be shown and a total price shall be entered for each item offered. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing offer. Unit price will govern, if there is an error in the extension. Written offers will be considered only if it is submitted on the forms provided by the DIVISION. (d) Proposals, modifications, or corrections received after the closing time on the "Due Date" will be considered late and handled in accordance with the Utah Procurement Rules, section R33-3-209. (e) Facsimile transmission of proposals to DIVISION will not be considered. 2. PROPOSAL PREPARATION: (a) Delivery time of products and services is critical and must be adhered to as specified. (b) Wherever in this document an item is defined by using a trade name of a manufacturer and/or model number, it is intended that the words, "or equivalent" apply. "Or equivalent" means any other brand that is equal in use, quality, economy and performance to the brand listed as determined by the DIVISION. If the supplier lists a trade name and/or catalog number in the offer, the DIVISION will assume the item meets the specifications unless the offer clearly states it is an alternate, and describes specifically how it differs from the item specified. All offers must include complete manufacturer=s descriptive literature if quoting an equivalent product. All products are to be of new, unused condition, unless otherwise requested in this solicitation. (c) Incomplete proposals may be rejected. (d) Where applicable, all proposals must include complete manufacturer=s descriptive literature. (e) By submitting the proposal the offeror certifies that all of the information provided is accurate, that they are willing and able to furnish the item(s) specified, and that prices offered are correct. (f) This proposal may not be withdrawn for a period of 60 days from the due date. 3. FREIGHT COST: Suppliers are to provide line item pricing FOB Destination Freight Prepaid. Unless otherwise indicated on the contract/purchase order, shipping terms will be FOB Destination Freight Prepaid. 4. SOLICITATION AMENDMENTS: All changes to this solicitation will be made through written addendum only. Answers to questions submitted through BidSync shall be considered addenda to the solicitation documents. Bidders are cautioned not to consider verbal modifications. 5. PROTECTED INFORMATION: Suppliers are required to mark any specific information contained in their offer which they are claiming as protected and not to be disclosed to the public or used for purposes other than the evaluation of the offer. Each request for non-disclosure must be made by completing the “Confidentiality Claim Form” located at: http://www.purchasing.utah.gov/contract/documents/confidentialityclaimform.doc with a specific justification explaining why the information is to be protected. Pricing and service elements of any proposal will not be considered proprietary. All material becomes the property of the DIVISION and may be returned only at the DIVISION 's option. 6. BEST AND FINAL OFFERS: Discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of assuring full understanding of, and responsiveness to, solicitation requirements. Prior to award, these offerors may be asked to submit best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by a competing offeror. 7. SAMPLES: Samples of item(s) specified in this offer, brochures, etc., when required by the DIVISION, must be furnished free of expense to the DIVISION. Any item not destroyed by tests may, upon request made at the time the sample is furnished, be returned at the offeror's expense. 8. AWARD OF CONTRACT: (a) The contract will be awarded with reasonable promptness, by written notice, to the responsible offeror whose proposal is determined to be the most advantageous to the DIVISION, taking into consideration price and evaluation factors set forth in the RFP. No other factors or criteria will be used in the evaluation. The contract file shall contain the basis on which the award is made. Refer to Utah Code Annotated 65-56-408. (b) The DIVISION may accept any item or group of items, or overall best offer. The DIVISION can reject any or all proposals, and it can waive any informality, or technicality in any proposal received, if the DIVISION believes it would serve the best interests of the DIVISION. (c) Before, or after, the award of a contract the DIVISION has the right to inspect the offeror's premises and all business records to determine the offeror's ability to meet contract requirements. (d) The DIVISION will open proposals publicly, identifying only the names of the offerors. During the evaluation process, proposals will be seen only by authorized DIVISION staff and those selected by DIVISION to evaluate the proposals. Following the award decision, all proposals become public information except for protected information (see number 5 above). A register of proposals and contract awards are posted at http://purchasing.utah.gov/vendor/bidtab.html. (e) Estimated quantities are for bidding purposes only, and not to be interpreted as a guarantee to purchase any amount. (f) Multiple contracts may be awarded if the DIVISION determines it would be in its best interest. 9. DEBRIEFING OF UNSUCCESSFUL OFFERORS: State Purchasing does not conduct face to face or teleconference debriefings. All debriefings are to be conducted in writing. A debrief request must be submitted in writing to the Purchasing Agent within seven (7) calendar days of the award notification or rejection notification made through written correspondence or posted on BidSync. The debrief response will be limited to critiquing the strength/weakness of an offeror’s proposal based on the evaluation criteria. The debriefing is intended as a courtesy to offerors, providing feedback to be used for future opportunities. Comparisons between proposals or evaluations of other proposals will not be allowed. 10. DIVISION APPROVAL: Contracts written with the State of Utah, as a result of this proposal, will not be legally binding without the written approval of the Director of the DIVISION. 11. DEBARMENT: The CONTRACTOR certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the CONTRACTOR cannot certify this statement, attach a written explanation for review by the DIVISION. 12. ENERGY CONSERVATION AND RECYCLED PRODUCTS: The contractor is encouraged to offer Energy Star certified products or products that meet FEMP (Federal Energy Management Program) standards for energy consumption. The State of Utah also encourages contractors to offer products that are produced with recycled materials, where appropriate, unless otherwise requested in this solicitation. 13. GOVERNING LAWS AND REGULATIONS: All State purchases are subject to the Utah Procurement Code, Title 63 Chapter 56 U.C.A. 1953, as amended, and the Procurement Rules as adopted by the Utah State Procurement Policy Board. These are available on the Internet at www.purchasing.utah.gov. By submitting a bid or offer, the bidder/offeror warrants that the bidder/offeror and any and all supplies, services equipment, and construction purchased by the State shall comply fully with all applicable Federal and State laws and regulations, including applicable licensure and certification requirements. 14. SALES TAX ID NUMBER: Utah Code Annotated (UCA) 59-12-106 requires anyone filing a bid with the state for the sale of tangible p. 7 4/22/2014 1:33 PM personal property or any other taxable transaction under UCA 59-12-103(1) to include their Utah sales tax license number with their bid. For
13. GOVERNING LAWS AND REGULATIONS: All State purchases are subject to the Utah Procurement Code, Title 63 Chapter 56 U.C.A. 1953, as amended, and the Procurement Rules as adopted by the Utah State Procurement Policy Board. These are available on the Internet at State of Utah Bid MP14036 www.purchasing.utah.gov. By submitting a bid or offer, the bidder/offeror warrants that the bidder/offeror and any and all supplies, services equipment, and construction purchased by the State shall comply fully with all applicable Federal and State laws and regulations, including applicable licensure and certification requirements. 14. SALES TAX ID NUMBER: Utah Code Annotated (UCA) 59-12-106 requires anyone filing a bid with the state for the sale of tangible personal property or any other taxable transaction under UCA 59-12-103(1) to include their Utah sales tax license number with their bid. For information regarding a Utah sales tax license see the Utah State Tax Commission’s website at www.tax.utah.gov/sales. The Tax Commission is located at 210 North 1950 West, Salt Lake City, UT 84134, and can be reached by phone at (801) 297-2200. (Revision Date: 11 SEPT 2013 - RFP Instructions)
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State of Utah
Bid MP14036
State of Utah Division of Purchasing
Request for Proposal ELECTRONIC FUNDS TRANSFER UTAH DEPARTMENT OF CORRECTIONS
Solicitation No. MP14036
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State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
REQUEST FOR PROPOSAL ELECTRONIC FUNDS TRANSFER UTAH DEPARTMENT OF CORRECTIONS Solicitation #MP14036
PART 1: OVERVIEW AND INSTRUCTIONS PURPOSE OF REQUEST FOR PROPOSAL (RFP) The purpose of this request for proposal is to enter into a contract with a qualified firm to provide electronic fund transfer to interface with existing offender trust accounting systems to facilitate the deposit of inmate funds and the payment of restitution, fines, and fees; and to provide magnetic strip cards and equipment necessary for the Utah Department of Corrections (UDC) Inmate Release Debit Card and Reloadable Debit Card Programs. It is anticipated that this RFP may result in an award to a single contractor. However, the State of Utah reserves the right to award to multiple contractors if it is determined to be in the best interest of the State. This RFP, having been determined to be the appropriate procurement method to provide the best value to the State, is intended to provide interested offerors with sufficient basic information to submit proposals meeting minimum requirements, but is not intended to limit a proposal's content or exclude any relevant or essential data. Offerors are encouraged to expand upon the specifications to give additional evidence of their ability to provide the services requested in this RFP. However, award of any additional items will not be automatic but will be clearly identified in the award notice if it is deemed appropriate by the evaluation committee and falls in line with the initial RFP Scope of Work. To be considered responsive to this solicitation, potential vendors MUST complete and submit responses to the entire cost breakdown sheet. Only vendors who demonstrate ability to meet each of these mandatory requirements will be considered. Any deviation from this format may result in disqualification of bid.
BACKGROUND Current Environment The current environment consists of a NO COST contract with Keefe Commissary Network that provides electronic fund transfer from offenders, and/or family and friends of offenders, into an existing UDC account at Zions Bank for the payment of restitution, fines and fees, and/or deposit into an individual inmate trust account. This requires interface with our existing offender trust accounting systems. Funds are collected via stand alone kiosks (currently 11 total) that use a small amount of the state network (for cash, credit and debit card deposits), by internet (for electronic funds transfer deposits), via toll-free phone (for credit and debit cards), and by lock box (for money orders, personal checks). Future Environment The future environment must meet the same requirements as the current environment with the addition of implementing the following:
Debit cards and magnetic strip swiping/reading equipment (debit cards are in the current contract language, but were never implemented). Debit cards and equipment will enable designated UDC staff (using their computer) to electronically transfer funds from the offender trust accounting system onto debits cards for release/gate money and to close out OTA accounts (estimated at 70 per week); and for cash allowance at five Adult Probation & Parole (AP&P) Correctional Community Center (CCC) locations
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State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
(400 offenders stay an average of five to six months – issued debit card one time and reloaded as approved by UDC staff).
Walk-in payment options. This will provide another fast and convenient option to collect money from offenders.
CANCELLATION OF PROCUREMENT The State reserves the right to cancel this solicitation at any time and not award a contract if such action is determined in writing to be in the best interest of the State.(ref. §63G-6a-709 UCA).
ISSUING PROCUREMENT UNIT AND RFP REFERENCE NUMBER The State of Utah Division of Purchasing is the issuing procurement unit for this document and all subsequent addenda relating to it, on behalf of The Utah Department of Corrections. The reference number for the transaction is Solicitation #MP14036. This number must be referred to on all bids, correspondence, and documentation relating to the RFP. NOTICE: Wherever the term bid, bidder, bidding or quote appears in this solicitation or reference is made to a bid, bidder, bidding, or quote, it shall be interpreted to mean offeror, as defined in Utah Code Ann., 63G-6a-103(30), RFP, or Requests for Proposals, as defined in 63G-6a-103(38) and the procurement shall be conducted subject to the provisions of 63G-6a-701-711.
SUBMITTING YOUR PROPOSAL NOTICE: By submitting a proposal in response to this RFP, the offeror acknowledges and agrees that the requirements, scope of work, and the evaluation process outlined in the RFP are understood, fair, equitable, and are not unduly restrictive. Notification to the State of any ambiguity, inconsistency, excessively restrictive requirements, and errors in the solicitation documents, solicitation questions, or exceptions to the scope/content of the RFP MUST be submitted as a question through BidSync during the solicitation process and prior to the closing date of time for questions. Exceptions to scope/content of the RFP that have not been previously addressed within the Q&A period of the procurement will be disallowed. Proposals must be received by the posted due date and time. Proposals received after the deadline will be late and ineligible for consideration. Hard copy submission instructions: The preferred method of submitting your proposal is electronically through BidSync. However, if you choose to submit your response in hard copy form, one (1) original and five (5) identical copies of your Technical Proposal must be received prior to the Due Date and Time at the following address: State of Utah Division of Purchasing 3150 State Office Building, Capitol Hill P.O. Box 141061 Salt Lake City, Utah 84114-1061. Additionally, one (1) original Cost Proposal form (see Attachment D- Cost Breakdown Sheet) must be submitted in a separately sealed envelope delivered at the same time as the Technical Proposal. The outside MP14036- RFP Document 4/22/2014 1:33 PM
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State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
cover of the package containing the Technical Proposal shall be clearly marked “Solicitation #MP14036 – Technical Proposal and include the Due Date and Time” The outside cover of the Cost Proposal shall be clearly marked “Solicitation #MP14036 – Cost Proposal and include the Due Date and Time” Refer to the Request for Proposal – Instructions and General Provisions for further information on proposal submissions. Please allow sufficient time for delivery of hardcopy responses. Responses sent overnight, but not received by the closing date and time will not be accepted. When submitting a proposal electronically through BidSync, please allow sufficient time to complete the online forms and to upload your proposal documents. The solicitation will end at the closing time posted in BidSync. If you are in the middle of uploading your proposal when the deadline arrives, the system will stop the upload process and your proposal will not be accepted by BidSync, and your attempted submission will be considered as non-responsive. Electronic proposals may require uploading of electronic attachments. BidSync’s site will accept a wide variety of document types as attachments. However, the State of Utah is unable to view certain documents. Therefore, DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, and mp3 files. All documents must be uploaded in BidSync as separate files. Cost will be evaluated independently from the technical proposal, and as such MUST be submitted separate from the technical proposal. Failure to submit cost or pricing data separately may result in your proposal being judged as non-responsive Only those Proposals that achieve 70% of the possible Total Technical score (490 points) will proceed on to Stage 3: Cost Proposal Evaluation. Proposals with a score of less than the minimum required technical score will be deemed unacceptable and ineligible for further consideration. All costs incurred in the preparation and submission of a proposal is the responsibility of the Offeror and will not be reimbursed.
LENGTH OF CONTRACT The Contract resulting from this solicitation will be for a period of five (5) years. Pursuant to Utah Code Annotated §63G-6a-1204 any contract resulting from this RFP may not exceed a period of five years. Unless otherwise stated, this contract may be terminated by either party, in advance of the specified termination date, upon written notice being given by either party. There is no guarantee that contract(s) will be awarded, or that any future contract extensions will be awarded. The State of Utah reserves the right to review contract(s) on a regular basis regarding performance and cost analysis and may negotiate price and service elements during the term of the contract.
PRICE GUARANTEE PERIOD All pricing must be guaranteed for the entire term of the contract. Any request for price adjustment must be made at least 30 days prior to the effective date. Requests for price adjustment must include sufficient documentation supporting the request. Any adjustment or amendment to the contract will not be effective unless approved by the State Director of Purchasing. The State will be given the immediate benefit of any decrease in the market, or allowable discount.
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State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
STANDARD CONTRACT TERMS AND CONDITIONS – JOINT UDC/DTS Any contract resulting from this RFP will include, but not be limited to the following: The State’s Standard Terms and Conditions (Attachment A) Utah Department of Corrections Standard Terms and Conditions (Attachment B1) State of Utah Standard Information Technology Terms and Conditions (Attachment B2) Scope of Work (Attachment C) Cost Sheet (Attachment D) Any addendums to the solicitation as issued through BidSync. Exceptions and or additions to the State Standard Terms and Conditions are strongly discouraged. Exceptions and additions to the Standard Terms and Conditions must be submitted with the proposal response. Exceptions, additions, service level agreements, etc. submitted after the date and time for receipt of proposals will not be considered. Website URLs, or information on website URLs must not be requested in the RFP document and must not be submitted with a proposal. URLs provided with a proposal may result in that proposal being rejected as non-responsive. URLs are also prohibited from any language included in the final contract document. Required acceptance of a Contractor’s or Supplier’s special terms and conditions may result in your proposal being determined to be non-responsive. The State retains the right to refuse to negotiate on exceptions should the exceptions be excessive, not in the best interest of the State, negotiations could result in excessive costs to the state, or could adversely impact existing time constraints. In a multiple award, the State reserves the right to negotiate exceptions to terms and conditions based on the offeror with the least to the most exceptions taken. Contracts may become effective as negotiations are completed. If negotiations are required, contractor must provide all documents in WORD format for redline editing. Contractor must provide the name, contact information, and access to the person(s) that will be directly involved in legal negotiations.
QUESTIONS All questions MUST be submitted through BIDSYNC (www.bidsync.com). Questions submitted through any other channel will not be answered. Only answers disseminated by the State through the BidSync system or through an authorized and properly issued addendum shall serve as the official and binding position of the State. Answers provided via BidSync will constitute an addendum to the solicitation.
ADDENDA Offerors should periodically check BidSync for posted questions, answers and addenda. Any modification to this procurement will be made by addendum issued by the State Division of Purchasing. Only authorized and properly issued addenda shall constitute the official and binding position of the State. Any response to this solicitation which has as its basis any communications or information received from sources other than this solicitation or related official addenda could be considered non-responsive and be rejected at the sole discretion of the State.
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Page 5 of 21 p. 13
State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
RESTRICTIONS ON COMMUNICATIONS From the issue date of this solicitation until a contractor is selected and the selection is announced, offerors are prohibited from communications regarding this procurement with agency staff, evaluation committee members, or other associated individuals EXCEPT the procurement officer overseeing this procurement. Failure to comply with this requirement may result in disqualification.
PROTECTED INFORMATION The Government Records Access and Management Act (GRAMA), Utah Code Ann., Subsection 63G-2-305, provides in part that: the following records are protected if properly classified by a government entity: (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has provided the governmental entity with the information specified in Section 63G-2-309 (Business Confidentiality Claims); (2) commercial information or non-individual financial information obtained from a person if: (a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future; (b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and (c) the person submitting the information has provided the governmental entity with the information specified in Section 63G-2-309; ***** (6) records the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, except that this Subsection (6) does not restrict the right of a person to see bids submitted to or by a governmental entity after bidding has closed; .... GRAMA provides that trade secrets, commercial information or non-individual financial information may be protected by submitting a Claim of Business Confidentiality. To protect information under a Claim of Business Confidentiality, the offeror must: 1. provide a written Claim of Business Confidentiality at the time the information (proposal) is provided to the state, and 2. include a concise statement of reasons supporting the claim of business confidentiality (Subsection 63G-2-309(1)). 3. submit an electronic “redacted” (excluding protected information) copy of your proposal response. Copy must clearly be marked “Redacted Version.” Redacted version will be made public upon receipt of a GRAMA request. A Claim of Business Confidentiality may be appropriate for information such as client lists and non-public financial statements. Pricing and service elements may not be protected. The claim of business confidentiality must be submitted with your proposal on the form which may be accessed at: http://www.purchasing.utah.gov/contract/documents/confidentialityclaimform.doc An entire proposal cannot be identified as “PROTECTED”, “CONFIDENTIAL” or “PROPRIETARY” and may be considered non-responsive if marked as such. To ensure the information is protected, the Division of Purchasing asks the offeror to clearly identify in the
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Page 6 of 21 p. 14
State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
Executive Summary and in the body of the proposal any specific information for which an offeror claims business confidentiality protection as "PROTECTED". All materials submitted become the property of the State of Utah. Materials may be evaluated by anyone designated by the state as part of the proposal evaluation committee. Materials submitted may be returned only at the State's option.
WORK FOR HIRE Consultant agrees to transfer and assign, and hereby transfers and assigns, to State of Utah, without further compensation, the entire right, title and interest throughout the world in and to: (a) all Technical Information first produced by Consultant in the performance of this Agreement; (b) all Intellectual Property resulting from Consultant’s activities under this Agreement; (c) all Intellectual Property relating to any Deliverables under this Agreement; and (d) creations and inventions that are otherwise made through the use of State of Utah or its affiliates’ equipment, supplies, facilities, materials and/or Proprietary Information. All such Technical Information and Intellectual Property that are protectable by copyright will be considered work(s) made by Consultant for hire for State of Utah (as “works made for hire” is defined in the United States Copyright Act, 17 U.S.C. § 101) and will belong exclusively to the State of Utah. If by operation of law any of such Technical Information or Intellectual Property is not owned in its entirety by the State of Utah automatically upon creation, Consultant agrees to transfer and assign, and hereby transfers and assigns, same as stated in the first sentence of this Section.
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Page 7 of 21 p. 15
State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
PART 2: SCOPE OF SERVICES AND REQUIREMENTS This section describes the Services and Requirements being requested. By responding to this RFP, respondents indicate agreement to perform all tasks as required in the outlined Services and Requirements Successful offerors will be required to agree to the following terms as they will appear in the resulting contract as part of Attachment C – Scope of Work:
SCOPE OF WORK I.
PERFORMANCE MEASURES CONTRACTOR will provide electronic fund transfer to interface with existing offender trust accounting systems to facilitate the deposit of inmate funds and the payment of restitution, fines, and fees; and provide magnetic strip cards and equipment necessary for the Inmate Release Debit Card and Reloadable Debit Card Programs. Quality of service and performance will be measured by CONTRACTOR’S ability to provide services in the agreed upon time frames, accuracy, customer service, system performance, reporting and record-keeping in accordance with contract requirements, and by measuring and evaluating evidence provided by the CONTRACTOR and monitor of the CONTRACTOR’S compliance with each and every term and condition as defined in Attachments A through D.
II.
DETAILED SCOPE OF PERFORMANCE Successful offerors agree to provide a product to allow electronic funds transfers (EFT) from offenders, and/or family and friends of offenders, into an existing UDC account at Zions Bank, for the payment of restitution, fines, and fees (including DNA fees, Sex Offender Registration fees, and supervision fees), and/or deposit into an individual inmate trust account. Successful offerors must agree to the following language as it will appear in the resulting contract: A.
CONTRACTOR shall: 1.
Provide a means for the electronic receipt and deposit of funds using: a. b. c. d. e. f. g. h. i.
2.
Provide service 24 hours a day, 7 days a week via: a. b. c. d. e.
Internet Kiosk (as available) Direct deposit Electronic funds transfer Walk-in options
3.
Provide call center service via toll-free telephone number Monday through Friday during normal business hours.
4.
Interface with existing UDC systems.
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Cash Credit cards Magnetic strip cards Direct deposit Electronic funds transfer Money orders Personal checks Bank checks Cashier’s checks
Page 8 of 21 p. 16
State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
5.
Provide equipment installation, operation, and maintenance of all kiosks at no cost to UDC.
6.
Place kiosks (accessible 24/7) at each of the following areas located all over the state of Utah (UDC currently requires eleven kiosks and may request additional and/or removal of kiosks as needed): a. b. c. d. e. f. g. h.
Utah State Prison (USP) Central Utah Correctional Center (CUCF) Region I Region II Region III Region IV Region V Region VI
7.
Allow an unlimited number of users.
8.
Fully support all system costs through agreed upon transaction fee schedule to be collected by depositor/sender.
9.
Provide multi-lingual and hearing impaired customer service Monday through Friday during normal business hours.
10.
Respond to all customer questions, complaints, and financial discrepancies Monday through Friday during normal business hours via toll-free telephone number; and assist UDC in responding to related offender grievances during normal business hours. a. b. c.
11.
Performance standards regarding number of rings prior to answer and average time on hold shall be consistent with call center industry standards. Provide interactive voice response and customer service center activity data. Teletypewriter (TTY) capability must be provided to clients with hearing disabilities.
Enable UDC staff to review all transaction detail, including, but not limited to: a. b. c. d. e. f. g.
Offender / inmate number; Offender / inmate last name; Offender / inmate first name; Offender / inmate location; Transaction amount; Senders name, address, and relationship to offender; and Destination system.
B.
UDC will provide the CONTRACTOR with a daily electronic update file of all UDC inmate names and numbers.
C.
CONTRACTOR guarantees:
D.
1.
Verification system using offender name and identification number;
2.
Batch reports summarizing daily transactions; and
3.
Access to information.
CONTRACTOR system must: 1.
Be able to accommodate UDC offender population of approximately 24,000;
2.
Provide kiosks per Section A, Item 6, outlining kiosk placement;
3.
Make available all transaction detail for review and approval each day;
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Page 9 of 21 p. 17
State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
E.
4.
Store all transactions and associated data for a minimum of 180 days; After 180 days, transaction history data shall be maintained offline for three (3) years, or longer if required by federal legislation;
5.
Provide and allow UDC access via user interface or archive retrieval method for purposes of investigation and review; (UDC will be primary owner of said transactions and associated data);
6.
Show links via user interface between senders and inmates – how many inmates are receiving funds from a particular sender or how many inmates are receiving funds from multiple senders;
7.
Ensure system is secure (encrypted) so no unauthorized users can access UDC transactions or data;
8.
Keep all information about inmates confidential and to make no disclosure thereof to any third party, except as may otherwise be required by law; and
9.
Offer option to obtain receipt from kiosk and internet.
CONTRACTOR shall provide a lock box for receipt of deposits using money orders, bank checks, cashier’s checks and/or personal checks. 1.
Money orders will be processed within twenty-four (24) to forty-eight (48) hours from when they are received in CONTRACTOR’S office, allow an additional two (2) days for weekends. The money orders will be posted to the offender’s account the same day the CONTRACTOR keys the money orders into their system. Only one fee will be charged for multiple money orders for the same inmate sent within a single envelope.
2.
Cashier’s checks, bank checks, and personal checks will be processed within twenty-four (24) to forty-eight (48) hours from when they are received in CONTRACTOR’S office, allow an additional two (2) days for weekends. Cashier’s checks, bank checks, and personal checks will be held for fourteen (14) days to ensure they clear the bank. If CONTRACTOR does not receive a Non-Sufficient Funds (NSF) notice from the bank within those fourteen (14) days the monies will be posted to the offender’s account. All checks as mentioned above will not be posted to the inmate’s account in the event the payment is canceled by the sender or in the event it does not clear the bank within the fourteen (14) days.
3.
To avoid a delay in the above mentioned processing and posting times the following information must be included with money orders, cashier’s checks, bank checks and personal checks: a. b. c.
4.
The above mentioned deposit and/or payment types are for the following: a. b.
5. F.
Inmate Trust Fund Account payments Adult Probation and Parole payments
CONTRACTOR cannot process any funds for an Inmate restitution account if they are incarcerated, these funds will be mailed to UDC for processing.
CONTRACTOR shall also provide, at NO COST to UDC, magnetic strip cards and equipment necessary to enable designated UDC staff to electronically transfer funds from the offender trust accounting system onto magnetic strip cards for release / gate money and to close out inmate accounts (estimated at 70 per week); and for cash allowance at five AP&P Community Correctional Center (CCC) locations (400 offenders stay an average of five to six months – issued magnetic strip card one time – reloaded as approved by UDC staff).
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Offender Name Offender Number All funds including fee for the processing of monies must be included in payment type sent in. CONTRACTOR will not accept cash for the fee amount due for deposit and/or payment.
Page 10 of 21 p. 18
State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
1.
The “Inmate Release Debit Card Program” is designed for inmates being released from prison (not going to a CCC). A magnetic strip card that is loadable via a web-based program must include the following: a. b. c.
2.
Bilingual Customer Service; Account access 24 hours a day, 7 days a week, 365 days a year; and Access to millions of merchants worldwide.
The “Reloadable Debit Card Program” is designed for inmates in a work-release setting, such as CCCs. These limited use cards are issued and loaded by the UDC staff, and may be used to make Point of Sale transactions and receive cash back.
G.
Card recipients will be charged a one-time fee.
H.
CONTRACTOR shall provide instruction, training, and support for UDC staff to be able to manage the magnetic strip card process (to include issue, activate, and reload).
I.
CONTRACTOR warrants that all aspects of the proposed solution are compliant with all applicable state and federal laws, in particular:
J.
K.
L.
1.
The Federal Reserve Board’s Regulation E
2.
The Federal Reserve Board’s Regulation II
3.
The USA PATRIOT Act
4.
Office of Foreign Asset Control (OFAC) rules
CONTRACTOR shall ensure that the magnetic strip card designed and produced for UDC complies with the specifications of the respective card association rules, and the International Standards Organization (ISO) and American National Standards Institution (ANSI) standards relating to cards used for financial transactions. 1.
The toll-free numbers for client assistance shall be printed on the card.
2.
A signature panel shall be provided on the back of the card.
Performance standards 1.
The central computer system shall be “up” 99.9% of the time, measured on a monthly basis. Computer is not considered “down” if the system continued to automatically process authorizations, electronically or via the automated response unit. Central computer consists of all system functions over which the CONTRACTOR has direct control, either directly or through a subcontractor relationship.
2.
Entries will be made with 100% accuracy.
3.
Funds received each day must be available, along with transaction detail, by noon the next business day (Monday through Friday, excluding all State holidays) – or in accordance with the quickest turnaround time guaranteed by the CONTRACTOR.
Penalties for non-compliance with performance standards UDC will notify CONTRACTOR of first incident of failure to meet one or more of the defined performance standards and request a corrective action plan. UDC will set a date for submission of the plan. UDC will notify the CONTRACTOR when satisfied that the problem has been corrected.
M.
Experience and qualifications 1.
MP14036- RFP Document 4/22/2014 1:33 PM
CONTRACTOR must possess experience within the corrections environment having at least two years of hands on knowledge and experience implementing and running electronic funds transmittal services.
Page 11 of 21 p. 19
State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
III.
2.
CONTRACTOR must identify the name, roles, and responsibilities of key personnel (which would be those individuals who are experienced in the areas of electronic funds transmittal and related services) and, through a resume or similar document, the Project personnel’s education and experience in providing the services required by UDC and how long each has been with your company.
3.
CONTRACTOR must provide an effective plan for problem resolution.
4.
CONTRACTOR must outline their disaster recovery / business continuity plan.
5.
CONTRACTOR must guarantee the availability of funds, and provide transaction detail, by noon the next business day (Monday through Friday, excluding all State holidays) – or furnish a statement of the quickest turnaround they are able to guarantee availability of funds.
N.
UDC and CONTRACTOR will meet to identify necessary data transfers during implementation.
O.
UDC reserves the right to require CONTRACTOR to add other features and reports as needs arise.
P.
UDC reserves the right to cancel this contract for failure to meet identified performance standards (i.e. timely transfers, excessive downtime, and inaccurate entries).
CONFIDENTIALITY Many of the records to which CONTRACTOR may have access are properly classified as “private,” “controlled” and/or “protected” under the Utah Governmental Records Access and Management Act (GRAMA), Utah Code Annotated § 63G-2. CONTRACTOR is subject to the same restrictions on disclosure of any such records or record series as UDC. CONTRACTOR agrees to adhere to the following restrictions regarding such records. A.
CONTRACTOR’S use of the record or record series produces a public benefit that outweighs the individual privacy right that protects the record or record series;
B.
CONTRACTOR’S access to the record or record series is necessary for the performance of this contract;
C.
The record or record series accessed by CONTRACTOR will only be used for the performance of this contract;
D.
The record or record series accessed by CONTRACTOR will not be disclosed to any other person; and
E.
The record or record series accessed by the CONTRACTOR will not be used for advertising or solicitation purposes.
Failure to adhere to any and all restrictions set forth above may subject CONTRACTOR and/or its staff to criminal liability pursuant to Utah Code Annotated § 63G-2-801. IV.
COMPENSATION / COST OF SERVICES A.
Compensation will be based on accepted all-inclusive bid prices per Attachment D. [Once awarded, this section will be updated to reflect accepted bid pricing.]
B.
CONTRACTOR shall provide all services as defined in the contract at NO COST to UDC. CONTRACTOR will be compensated as follows: 1.
Deposits – CONTRACTOR will be compensated via transaction fees charged per deposit (charged to depositor/sender) in accordance with the agreed upon transaction flat fee schedule for each mode of deposit.
2.
Debit Cards – CONTRACTOR will be compensated via an at issue charge (charged to the recipient) for each pre-paid debit card issued, as well as other charges per agreed upon service fee schedule.
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Page 12 of 21 p. 20
State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
V.
VI.
LICENSURE A.
CONTRACTOR agrees to maintain for the duration of the contract period all licenses necessary to lawfully perform the services covered by this contract, including a Business License from the applicable jurisdiction.
B.
CONTRACTOR must meet and remain current with “Payment Card Industry Data Security Standards.”
C.
CONTRACTOR shall maintain current licensure for any third party software of products used.
D.
CONTRACTOR’S business license will be requested annually and shall remain on file in the Contract Coordinator’s office throughout the entire contract term.
E.
CONTRACTOR further agrees to advise UDC immediately in writing of any limitation, cancellation, or other termination of such license.
INSURANCE A.
CONTRACTOR shall maintain the required surety bond, payable to UDC, in the amount of ONE MILLION DOLLARS ($1,000,000.00) covering the services covered by this contract.
B.
CONTRACTOR shall maintain an occurrence-based insurance policy providing the following minimum per occurrence insurance coverage:
C.
VII.
VIII.
General Liability (including personal injury)
$1,000,000.00 per occurrence / $3,000,000.00 aggregate
Workers compensation
As required by Utah Law
Said coverage will continue throughout the term of the contract. A copy of the Certificate of Insurance and Surety Bond shall be maintained, by the Contract Coordinator, throughout the life of the contract. The successful offeror shall have the insurance carrier send the Certification and Surety Bond prior to initiation of the contract. The CONTRACTOR through the insurance company must agree to notify UDC immediately in writing of any limitation, modification, cancellation, or other termination of such insurance coverage.
SUBCONTRACTORS A.
CONTRACTOR is solely responsible for SUBCONTRACTORS compliance with all the terms and conditions of the contract.
B.
CONTRACTOR is liable for performance of the SUBCONTRACTORS.
C.
SUBCONTRACTOR will be held to the same performance standards as the CONTRACTOR.
D.
CONTRACTOR maintains sole responsibility for payment of any SUBCONTRACTORS.
MONITORING CONTRACTOR COMPLIANCE UDC will designate staff to oversee CONTRACTOR performance under this contract (in accordance with Attachment B1, paragraph 12). CONTRACTOR shall promptly provide such monitoring authority with all materials, redacted materials, or sample(s) of redacted materials reasonably required to ascertain the quantitative and qualitative nature of the services rendered. For any areas identified as partially or noncompliant, CONTRACTOR will be required to provide a “Proposed Corrective Action Plan” to correct deficiencies noted. The written proposed Corrective Action Plan (if needed) should clearly identify: A. A description of the specific deficiencies, if any were found; B.
What actions are proposed to correct each deficiency;
C.
The CONTRACTOR representative UDC should use for follow-up contact; and
D.
The date by which deficiencies will be corrected.
CONTRACTOR shall, after UDC approval, provide timely and concise reports to a designated monitoring authority. IX.
CORRECTIVE ACTION
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Page 13 of 21 p. 21
State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
CONTRACTOR must acknowledge that failure to adequately perform the services as defined will result in corrective action. Issues of CONTRACTOR non-compliance will be addressed in the following manner: A.
Contract Monitor will inform the CONTRACTOR of the problem, and seek resolution by a mutually agreed upon date.
B.
If the issue is not resolved, the Contract Monitor will notify the CONTRACTOR in writing documenting the failure to resolve by the agreed upon deadline, and send a copy to the Contract Unit.
C.
If the CONTRACTOR makes insufficient effort to communicate and resolve the issue, the Contract Monitor will communicate failure to resolve to the Contract Unit.
D.
As a final step the Contract Unit will issue a letter notifying the CONTRACTOR of the intent to terminate the contract if the problem is not resolved by a specific deadline. Letter will be sent certified U.S. Postal Service mail requiring a signed return receipt.
MANDATORY MINIMUM REQUIREMENTS/QUALIFICATIONS Offerors must possess or certify to the following knowledge, skills, abilities, and qualifications: 1.
Offeror must provide Insurance Certification – Prior to finalizing the award recommendation the successful offeror will be required to provide verification of insurance coverage, including professional liability coverage, as outlined in the Scope of Work;
2.
Offeror must pledge to obtain the required surety bond, payable to UDC, in the amount of ONE MILLION DOLLARS ($1,000,000.00) covering the services covered by this contract – prior to finalization of award recommendation;
3.
Offeror must provide Verification /statement attesting that offeror has met, and is current with “Payment Card Industry Data Security Standards”;
4.
Offeror must provide a statement attesting to ability to meet the scope of work – clearly noting any exceptions;
5.
Offeror must have experience within the corrections environment having at least two years of hands on knowledge and experience implementing and running electronic funds transmittal services;
6.
Offeror must provide Credentials – Prior to finalizing the award recommendation the successful offeror will be required to submit copies of the following credentials to the UDC Contract Coordinator, to be maintained with the contract during the life of the contract:
7.
a.
Business License;
b.
Form W-9, Request for Taxpayer Identification Number and Certifications, containing business name, federal identification number, remittance address, and authorized signature; and
c.
Professional Licenses for staff proposed to provide contract services.
Offeror must provide any Intent to Subcontract – Potential CONTRACTORS must disclose any plans to utilize a SUBCONTRACTOR for accomplishing any portion of the services described herein.
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Page 14 of 21 p. 22
State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
PART 3: INFORMATION REQUIRED IN SUBMISSION OF A RESPONSE PROPOSAL RESPONSE REQUIREMENTS All offerors must submit proposals that detail their experience and qualifications in the following areas:
A. Technical Response Requirements 1. Demonstrated Ability to Meet Scope of Work 1.1 Offeror must provide Sample batch reports and transaction detail reports; 1.2 Offeror must provide Explanation of kiosk and magnetic strip card design, security features, and available options; 1.3 Offeror must Outline how UDC will access data; 1.4 Offeror must Outline Plan regarding instruction, training, and support for UDC staff to be able to manage the magnetic strip card process (to include issue, activate, and reload);
2. Demonstrated Technical Capability 2.1 Offeror must provide an Implementation plan / timeline for equipment installation, data testing, training, marketing, etc; a. b. c. d. e. f.
Functional design document Detailed design document Life cycle testing approach Test plan Backup and recovery plans System security plan
2.2 Offeror must Outline experience within the corrections environment having at least two years of hands on knowledge and experience implementing and running electronic funds transmittal services; 2.3 Offeror must Identify the name, roles, and responsibilities of key personnel (which would be those individuals who are experienced in the areas of electronic funds transmittal and related services) and, through a resume or similar document, the Project personnel’s education and experience in providing the services required by UDC and how long each has been with your company; 2.4 Offeror must Explain how transaction history data, maintained offline, are retrieved; 2.5 Offeror must describe Other Products, Services, and/or Features your firm is able to offer at no additional cost or for an additional cost; identify related costs and explain how those costs are typically recovered;
3. Qualification and Expertise 3.1 Offeror must provide Proof of Financial stability through the provision of an audited Financial Statement; 3.2 Offeror must outline Disaster recovery / business continuity plan; 3.3 Offeror must outline an Effective Plan for problem resolution; 3.4 Offeror must outline Standards for client access to customer services including, but not limited to, number of rings and average time on hold; 3.5 Offeror must describe Transactions and associated data storage;
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State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
3.6 Offeror must provide an Evaluation of the types of service interruptions that may impact the system’s operations and therefore require the use of a backup and recovery process. For each potential interruption type, detail the steps to be taken to survive and recover from the interruption. The plan shall include provisions to ensure continued access. Outline the resources committed to each proposed contingency plan (i.e., people, systems, telephones lines, and operation sites) and indicate whether the contingency plan has been tested under real or simulated conditions; 3.7 Offeror must provide a Security Plan detailing, at a minimum, the security provisions and proposed user profiles established within the system;
4. Performance References 4.1 Offeror must Furnish a complete list of all current and former customers for the period of May 2008 – April 2014 that use similar services that you are proposing to UDC in response to this RFP – including company name, address, contact person, telephone number and email address; The State will conduct reference checks to verify the accuracy of submitted materials and to ascertain the quality of the experience. The State reserves the right to pursue any or all references; either submitted or state-researched, to assist in completing this component of the Technical Proposal Evaluation.
B. Cost Response Requirements 5. Cost: Please enumerate all costs as per Attachment D- Cost Breakdown Sheet Cost will be evaluated independently from the Technical response, and therefore must be submitted as a separate document. Inclusion of any cost or pricing data within the technical proposal may result in your proposal being judged as non-responsive.
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State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
PROPOSAL RESPONSE FORMAT Proposals should be concise, straightforward and prepared simply and economically. Expensive displays, bindings or promotional materials are neither desired nor required. However, there is no intent in these instructions to limit a proposal’s content or to exclude any relevant or essential data. Note: Hard copy submissions are to be in a standard 8 ½ x 11 inch three-ring binder. All proposals must be organized and titled for the following headings: 1.
Section Title: RFP Form. The State’s Request for Proposal form completed and signed by the offeror.
2.
Section Title: Executive Summary. The one or two page executive summary is to briefly describe the offeror's proposal. This summary should highlight the major features of the proposal. The reader should be able to determine the essence of the proposal by reading the executive summary.
3.
Section Title: Protected Information. All protected/proprietary information must be included in this section of the proposal response. Do not incorporate protected information throughout the proposal. Rather, provide a reference in the proposal response directing reader to the specific area of this Protected Information section. A redacted copy of the proposal must be submitted with the proposal. Contractor acknowledges that the information contained in the redacted copy will be made public upon receipt of a GRAMA request.
4.
Section Title: Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information: A.
A concise overview of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the offeror's understanding of the desired overall performance expectations. Clearly indicate any options or alternatives proposed.
B.
A specific point-by-point response, in the order listed, to the Technical Response Requirement sections: 1. 2. 3. 4.
C.
5.
Demonstrated Ability to Meet Scope of Work Demonstrated Technical Capability Qualification and Expertise Performance References
In any case wherein the offeror cannot comply with a provision outlined in the “Detailed Scope of Work”, such inability must be stated in response to the applicable Service and Requirement.
Section Title: Potential Conflicts of Interest. Identify any conflict, or potential conflict of interest, that might arise during the course of the project. If no conflicts are expected, include a statement to that effect in the Proposal.
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State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
6.
Section Title: Exceptions and Additions to the Standard Terms and Conditions. Proposed exceptions and additions to the Standard Terms and Conditions must be submitted in this section. Offeror must submit a redline document identifying the proposed exceptions to the RFP terms and conditions with the proposal submission for review and evaluation purposes. Website URLs, or information on website URLs may not be requested in the RFP document and may not be submitted with a proposal. URLs provided with a proposal may result in that proposal being rejected as non-responsive. URLs are also prohibited from any language included in the final contract document. Offeror must also provide the name, contact information, and access to the person(s) that will be directly involved in legal negotiations of the terms and conditions in the proposal response. If there are no exceptions and additions to the Standard Terms and Conditions, indicate “None” in this section.
7.
Section Title: Cost Proposal. Please enumerate all costs on Attachment D- Cost Breakdown Sheet. Cost will be evaluated independently from the Technical response, and must be submitted separate from the Technical response. Inclusion of any cost or pricing data within the technical proposal may result in your proposal being judged as non-responsive.
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State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
PART 4: RESPONSE EVALUATION PROPOSAL EVALUATION All proposals received in response to this RFP will be evaluated by an Evaluation Committee in a manner consistent with the Utah Procurement code, rules, policies, and evaluation criteria established in this RFP. Each Offeror bears sole responsibility for the items included or not included within the response submitted by the Offeror. This is a Multiple Stage evaluation. Stage 1: Determination of Responsiveness In Stage One of the process, the evaluation committee will review all proposals timely received to determine their responsiveness to the RFP. Non-responsive proposals (proposals that fail to conform to all material respects of this RFP) will be disqualified from further consideration and will not move on to stage two. The State specifically reserves the right to disqualify any proposal for: (a) a violation of the Utah Procurement Code; (b) a violation of a requirement of this RFP, including significant deviations or exceptions; (c) unlawful or unethical conduct; or (d) a change in circumstances that, had the change been known at the time the proposal was submitted, would have caused the proposal to be disqualified or not have the highest score. Proposals determined to be non-responsive (those not conforming to RFP requirements) will be eliminated. Stage 2: Detailed Technical Evaluation Stage Two will consist of a detailed evaluation of the proposals that have not been disqualified in Stage One. A committee will evaluate proposals against the weighted Technical Criteria identified on the “PROPOSAL EVALUATION SCORE SHEET (see Attachment C- Proposal Evaluation Score Sheet).” WEIGHT
EVALUATION CRITERIA
15 %
Demonstrated Ability to Meet the Scope of Work
20 %
Demonstrated Technical Capability
20 %
Qualifications and Expertise
15 %
Performance References for similar projects
Total Technical Evaluation: 70 % of the available TOTAL points (Includes all evaluation criteria except cost)
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State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
Only those Proposals that achieve 70% (490 points) of the available 700 Total Technical points will proceed on to Stage 3: Cost Proposal Evaluation. Proposals with a score of less than the minimum required technical score will be deemed unacceptable and ineligible for further consideration. If only one proposal receives the minimum score of 70%, the State reserves the right to reduce the minimum score requirement at its discretion. If the State chooses to reduce the minimum score requirement it shall been done in 5% increments until such time as the procurement officer determines in writing that no further reductions in the minimum score will be conducted. The determination shall include a justification for the reduction and the reason for the cessation of further reductions.
Stage 3: Cost Proposal Evaluation Proposals successful in the Technical Evaluation will advance to Stage 3 Cost Proposal Evaluation as follows: WEIGHT
EVALUATION CRITERIA
30 %
Cost
Cost Evaluation
30 % of the available TOTAL points
Evaluation of Cost Proposals: The offeror with the lowest cost will receive the maximum available Cost points. All other offerors will receive points as determined by the ratio* of their cost to the lowest offered cost. Final price scores will be calculated based on the following: *Ratio Calculation: Points assigned to each offeror’s cost proposal will be based on the Lowest Offered Cost. The offeror with the lowest offered cost will receive 100% of the cost points. All other offerors will receive a portion of the total cost points based on what percentage higher their offered cost is than the Lowest Offered Cost. An Offeror whose offered cost is more than double (200%) the Lowest Offered Cost will receive no points. The formula to compute the points is: Cost Points x (2- offered cost/Lowest Offered Cost).
DISCUSSIONS WITH OFFERORS (OPTIONAL) After proposals are received, opened, and Stage One has been completed, the procurement officer may conduct discussions with the offerors and allow the offerors to make best and final offers after discussions. If discussions are held, the procurement officer will: a) ensure that each offeror receives fair and equal treatment with respect to the other offerors; b) establish a schedule and procedures for conducting discussions; c) ensure that information in each proposal and information gathered during discussions is not shared with other offerors until the contract is awarded; d) ensure auction tactics are not used in the discussion process, including discussing and comparing the costs and features of other proposals; and e) if necessary, set a common date and time for the submission of best and final offers. If an offeror chooses not to participate in a discussion or does not make a timely best and final offer, the offer submitted by the offeror before the conduct of discussions shall be treated as the offeror’s best and final offer.
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State of Utah
Bid MP14036
REQUEST FOR PROPOSAL Electronic Funds Transfer Solicitation No. MP14036
ORAL PRESENTATIONS (OPTIONAL) If, after completing Stage Two Detailed Technical Evaluation, it is determined by the procurement officer that oral presentations are necessary to assist the Evaluation Committee in finalizing the scoring of proposals, they will be scheduled by the procurement officer. The offeror’s original proposal cannot be changed in any aspect at the oral presentation. The oral presentation will provide offerors the opportunity to bring to the attention of the Evaluation Committee any aspects of their offer that may contribute to the selection of their response. It is an opportunity for offerors to sell the merits of their submission. Offerors are advised that the Evaluation Committee will be afforded the opportunity to revise their detailed technical evaluation scores based upon the oral presentation. The procurement officer shall establish a date and time for the oral presentations and will notify eligible offerors of the protocols, procedures, and structure of the oral presentations. Oral presentations will be made at the offeror’s expense.
INTERVIEWS (OPTIONAL) The purpose of the interview is to allow the offeror to present its qualifications, past performance, management plan, schedule, and general plan for accomplishing the scope of work. It will also provide an opportunity for the Evaluation Committee to seek any needed clarifications from the offeror. The procurement officer will notify eligible offerors of the date and time of the interview and who should be in attendance. Unless otherwise noted, the attendance of sub-consultants is at the discretion of the offeror. The method of presentation is at the discretion of the offeror.
COST-BENEFIT ANALYSIS The Utah Procurement Code §63G-6a-708, requires a cost-benefit analysis to be completed by the State if the highest score awarded by the Evaluation Committee, including the score for cost, is awarded to a proposal other than the lowest cost proposal, and the difference between the cost of the highest scored proposal and the lowest cost proposal exceeds the greater of $10,000 or 5% of the lowest cost proposal. The statute outlines the procedures and processes to be used by the State prior to making a final award.
AWARD OF CONTRACT After the evaluation and final scoring of proposals is completed, the procurement officer shall award the contract as soon as practicable (except as provided in Section §63G-6a-708 Cost Benefit Analysis) to the eligible responsive and responsible offeror with the highest score. The State reserves the right to award multiple contracts; to selectively purchase service(s) offered in response to this RFP as may be provided for in the Proposal Evaluation section, to pursue alternative competitive bid(s)/proposal(s), or to forgo awarding a contract(s) if it is deemed to be in the State’s best interest to do so. All vendors that submit proposal(s) will be notified of the State’s award decision.
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State of Utah
Bid MP14036
ATTACHMENT A: STATE OF UTAH STANDARD TERMS AND CONDITIONS Modified Section 4 to reflect contract retention requirement 1.
AUTHORITY: Provisions of this contract are pursuant to the authority set forth in 63G-6a, Utah Code, as amended, Utah State Procurement Rules (Utah Administrative Code Section R33), and related statutes which permit the State to purchase certain specified services, and other approved purchases for the State.
2.
CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this contract shall be governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County.
3.
LAWS AND REGULATIONS: The Contractor and any and all supplies, services, equipment, and construction furnished under this contract will comply fully with all applicable Federal and State laws and regulations, including applicable licensure and certification requirements.
4
RECORDS ADMINISTRATION: The Contractor shall maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the Contractor for costs authorized by this Contract. These records shall be retained by the Contractor for at least six years after the Contract terminates, or until all audits initiated within the six years, have been completed, whichever is later. The Contractor agrees to allow State and Federal auditors, and State Agency Staff, access to all the records to this Contract, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment.
5.
CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM”: The Status Verification System, also referred to as “E-verify”, only applies to contracts issued through a Request for Proposal process, and to sole sources that are included within a Request for Proposal. It does not apply to other types of procurement processes, including but not limited to Invitation for Bids or to Multiple Stage Bids. 5.1 Status Verification System 1. Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the contractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws including UCA Section 63G12-302. 2. The Contractor shall require that the following provision be placed in each subcontract at every tier: “The subcontractor shall certify to the main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with applicable immigration laws including UCA Section 63G-12-302 and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work.” 3. The State will not consider a proposal for award, nor will it make any award where there has not been compliance with this Section. 4. Manually or electronically signing the Proposal is deemed the Contractor’s certification of compliance with all provisions of this employment status verification certification required by all applicable status verification laws including UCA Section 63G-12-302. 5.2 Indemnity Clause for Status Verification System 1. Contractor (includes, but is not limited to any Contractor, Design Professional, Designer or Consultant) shall protect, indemnify and hold harmless, the State and its officers, employees, agents, representatives and anyone that the State may be liable for, against any claim, damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the following: (a) Contractor; (b) Subcontractor at any tier; and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable. 2. Notwithstanding Section 1. above, Design Professionals or Designers under direct contract with the State shall only be required to indemnify the State for a liability claim that arises out of the design professional's services, unless the liability claim arises from the Design Professional's negligent act, wrongful act, error or omission, or other liability imposed by law except that the design professional shall be required to indemnify the State in regard to subcontractors or subconsultants at any tier that are under the direct or indirect control or responsibility of the Design Professional, and includes all independent contractors, agents, employees or anyone else for whom the Design Professional may be liable at any tier.
6.
CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of the State of Utah, unless disclosure has been made in accordance with 67-16-8, Utah Code, as amended.
7.
CONTRACTOR, AN INDEPENDENT CONTRACTOR: The Contractor shall be an independent contractor, and as such, shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability, or understanding whatsoever, and agrees not to perform any acts as agent for the State, except as herein expressly set forth. Compensation stated herein shall be the total amount payable to the Contractor by the State. The Contractor shall be responsible for the payment of all income tax and social
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State of Utah
Bid MP14036
security amounts due as a result of payments received from the State for these contract services. Persons employed by the State and acting under the direction of the State shall not be deemed to be employees or agents of the Contractor. 8.
INDEMNITY CLAUSE: The Contractor agrees to indemnify, save harmless, and release the State of Utah, and all its officers, agents, volunteers, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out of the performance of this contract which are caused in whole or in part by the acts or negligence of the Contractor's officers, agents, volunteers, or employees, but not for claims arising from the State's sole negligence. The parties agree that if there are any Limitations of the Contractor’s Liability, including a limitation of liability for anyone for whom the Contractor is responsible, such Limitations of Liability will not apply to injuries to persons, including death, or to damages to property.
9.
EMPLOYMENT PRACTICES CLAUSE: The Contractor agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964 (42USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the Contractor agrees to abide by Utah's Executive Order, dated December 13, 2006, which prohibits sexual harassment in the work place.
10. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of this contract is illegal and void shall not affect the legality and enforceability of any other provision of this contract, unless the provisions are mutually dependent. 11. RENEGOTIATION OR MODIFICATIONS: This contract may be amended, modified, or supplemented only by written amendment to the contract, executed by authorized persons of the parties hereto, and attached to the original signed copy of the contract. Automatic renewals will not apply to this contract. 12. DEBARMENT: The Contractor certifies that neither it nor its principals are presently or have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or agency. If the Contractor cannot certify this statement, attach a written explanation for review by the State. The Contractor must notify the State Director of Purchasing within 30 days if debarred by any governmental entity during the Contract period. 13. TERMINATION: Unless otherwise stated in the Special Terms and Conditions, this contract may be terminated, with cause by either party, in advance of the specified termination date, upon written notice being given by the other party. The party in violation will be given ten (10) working days after notification to correct and cease the violations, after which the contract may be terminated for cause. This contract may be terminated without cause, in advance of the specified expiration date, by either party, upon sixty (60) days prior written notice being given the other party. On termination of this contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination. 14. NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW: 14.1 Upon thirty (30) days written notice delivered to the Contractor, this contract may be terminated in whole or in part at the sole discretion of the State, if the State reasonably determines that a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of the contract. 14.2 Upon thirty (30) days written notice delivered to the Contractor, this contract may be terminated in whole or in part, or have the services and purchase obligations of the State proportionately reduced, at the sole discretion of the State, if the State reasonably determines that a change in available funds affects the State’s ability to pay under the contract. A change of available funds as used in this paragraph, includes, but is not limited to, a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor. 14.3 If a notice is delivered under paragraph 1 or 2 of this Section 14 “NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW,” the State will reimburse the Contractor for products properly delivered or services properly performed up until the effective date of said notice. The State will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said notice. 14.4 Notwithstanding any other paragraph or provision of this Section 14 “NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW,” if the State in said notice to the Contractor indicates that the Contractor is to immediately cease from placing any orders or commitments with suppliers, subcontractor or other third parties, the Contractor shall immediately cease such orders or commitments upon receipt of said notice and the State shall not be liable for any such orders or commitments made after the receipt of said notice.
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State of Utah
Bid MP14036
15. SALES TAX EXEMPTION: The State of Utah’s sales and use tax exemption number is 11736850-010-STC, located at http://purchasing.utah.gov/contract/documents/salestaxexemptionformsigned.pdf. The tangible personal property or services being purchased are being paid from State funds and used in the exercise of that entity’s essential functions. If the items being purchased are construction materials, they will be converted into real property by employees of this government entity, unless otherwise stated in the contract. 16. WARRANTY: The Contractor agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or software products) that it licenses, contracts, or sells to the State of Utah under this contract for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in this contract. The Contractor (seller) acknowledges that all warranties granted to the buyer by the Uniform Commercial Code of the State of Utah apply to this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract. In general, the Contractor warrants that: (1) the product will do what the salesperson said it would do, (2) the product will live up to all specific claims that the manufacturer makes in their advertisements, (3) the product will be suitable for the ordinary purposes for which such product is used, (4) the product will be suitable for any special purposes that the State has relied on the Contractor’s skill or judgment to consider when it advised the State about the product, (5) the product has been properly designed and manufactured, and (6) the product is free of significant defects or unusual problems about which the State has not been warned. Remedies available to the State include the following: The Contractor will repair or replace (at no charge to the State) the product whose nonconformance is discovered and made known to the Contractor in writing. If the repaired and/or replaced product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. Nothing in this warranty will be construed to limit any rights or remedies the State of Utah may otherwise have under this contract. 17. INSURANCE: Contractor must carry insurance with policy limits no less than one million per incident and three million in the aggregate. Contractor must provide proof of insurance to State and must add State as an additional insured with notice of cancellation. 18. PUBLIC INFORMATION: Contractor agrees that the contract, related Sales Orders, and Invoices will be public documents, and may be available for distribution. Contractor gives the State express permission to make copies of the contract, related Sales Orders, and Invoices in accordance with the State of Utah Government Records Access and Management Act (GRAMA). Except for sections identified in writing and expressly approved by the State Division of Purchasing, Contractor also agrees that the Contractor’s response to the solicitation will be a public document, and copies may be given to the public under GRAMA laws. The permission to make copies as noted will take precedence over any statements of confidentiality, proprietary information, copyright information, or similar notation. 19. DELIVERY: Unless otherwise specified in this contract, all deliveries will be F.O.B. destination with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to the State except as to latent defects, fraud and Contractor's warranty obligations. 20. ORDERING AND INVOICING: All orders will be shipped promptly in accordance with the delivery schedule. The Contractor will promptly submit invoices (within 30 days of shipment or delivery of services) to the State. The State contract number and/or the agency purchase order number shall be listed on all invoices, freight tickets, and correspondence relating to the contract order. The prices paid by the State will be those prices listed in the contract. The State has the right to adjust or return any invoice reflecting incorrect pricing. 21. PROMPT PAYMENT DISCOUNT: Offeror may quote a prompt payment discount based upon early payment; however, discounts offered for less than 30 days will not be considered in making the award. Contractor shall list Payment Discount Terms on invoices. The prompt payment discount will apply to payments made with purchasing cards and checks. The date from which discount time is calculated will be the date a correct invoice is received or receipt of shipment, whichever is later; except that if testing is performed, the date will be the date of acceptance of the merchandise. 22. PAYMENT: Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later. After 60 days from the date a correct invoice is received by the appropriate State official, the Contractor may assess interest on overdue, undisputed account charges up to a maximum of the interest rate paid by the IRS on taxpayer refund claims, plus two percent, computed similarly as the requirements of Utah Code Section 15-6-3. The IRS rate is adjusted quarterly, and is applied on a per annual basis, on the invoice amount that is overdue. All payments to the Contractor will be remitted by mail, electronic funds transfer, or the State of Utah’s Purchasing Card (major credit card). 23. PATENTS, COPYRIGHTS, ETC.: The Contractor will release, indemnify and hold the State, its officers, agents and employees harmless from liability of any kind or nature, including the Contractor's use of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention, article or appliance furnished or used in the performance of this contract. 24. ASSIGNMENT/SUBCONTRACT: Contractor will not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the State.
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State of Utah
Bid MP14036
25. DEFAULT AND REMEDIES: Any of the following events will constitute cause for the State to declare Contractor in default of the contract: 1. Nonperformance of contractual requirements; 2. A material breach of any term or condition of this contract. The State will issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains, after Contractor has been provided the opportunity to cure, the State may do one or more of the following: 1. Exercise any remedy provided by law; 2. Terminate this contract and any related contracts or portions thereof; 3. Impose liquidated damages, if liquidated damages are listed in the contract; 4. Suspend Contractor from receiving future solicitations. 26. FORCE MAJEURE: Neither party to this contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The State may terminate this contract after determining such delay or default will reasonably prevent successful performance of the contract. 27. PROCUREMENT ETHICS: The Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of the State, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization (63G-6a-2304.5, Utah Code, as amended). 28. CONFLICT OF TERMS: Contractor Terms and Conditions that apply must be in writing and attached to the contract. No other Terms and Conditions will apply to this contract including terms listed or referenced on a Contractor’s website, terms listed in a Contractor quotation/sales order, etc. In the event of any conflict in the contract terms and conditions, the order of precedence shall be: 1. Attachment A: State of Utah Standard Terms and Conditions; 2. State of Utah Contract Signature Page(s); 3. State Additional Terms and Conditions; 4. Contractor Terms and Conditions. 29. ENTIRE AGREEMENT: This Agreement, including all Attachments, and documents incorporated hereunder, and the related State Solicitation constitutes the entire agreement between the parties with respect to the subject matter, and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. The terms of this Agreement shall supersede any additional or conflicting terms or provisions that may be set forth or printed on the Contractor’s work plans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or documents of the Contractor that may subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of the State. The parties agree that the terms of this Agreement shall prevail in any dispute between the terms of this Agreement and the terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Agreement. (Revision date: 7 Jan 2014)
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State of Utah
Bid MP14036
ATTACHMENT B1 UTAH DEPARTMENT OF CORRECTIONS STANDARD TERMS AND CONDITIONS 1.
ASSIGNMENT AND DELEGATION: Neither party shall assign any right or delegate any duty under this contract without the express written and signed consent of the other party.
2.
ATTORNEY’S FEES: If either party brings an action, in law or equity, to compel the performance of, or to recover for the breach of, any agreement, covenant, or promise contained in this contract, the non-prevailing party shall pay the prevailing party’s reasonable attorney’s fees, the amount of any judgment, and all costs incurred.
3.
CONTRACT FORMATION: No legally enforceable rights or duties shall arise between the parties under this contract until: (a) the respective representatives of CONTRACTOR and UDC sign the contract; and (b) the contract is approved and signed by the respective representatives of the UDC Office of Administrative Services, the UDC Bureau of Financial Services, and the State of Utah's Divisions of Purchasing and Finance.
4.
CONTRACTOR ACCESS TO UDC FACILITIES: UDC shall have the right to deny CONTRACTOR’S agents and employees--or the agents and employees of its SUBCONTRACTORS (if any)--access to any premises controlled, held, leased, or occupied by UDC if, in the sole judgment of UDC, such personnel pose a threat to any of UDC legitimate security interests. Contractor will submit to all security checks that UDC deems necessary; including, but not limited to, searches of person and equipment. No one under the age of 18 will be allowed on property.
5.
CRIMINAL CONVICTION INFORMATION: Upon written request by UDC, CONTRACTOR shall provide (at CONTRACTOR’S expense) UDC with sufficient personal information about its agents or employees--and the agents and employees of its SUBCONTRACTORS (if any)--who will enter upon premises controlled, held, leased, or occupied by UDC during the course of performing this contract so as to facilitate a criminal record check, at UDC expense, on such personnel by UDC.
6.
FORMER FELONS / MISDEMEANANTS: CONTRACTOR, in executing any duty or exercising any right under this contract, shall not cause or permit any of its agents or employees--or the agents or employees of its SUBCONTRACTORS (if any)--who have been convicted of a felony or two (2) or more misdemeanors to enter upon any premises controlled, held, leased, or occupied by UDC. A given crime shall be deemed a felony if defined as such by the jurisdiction where the conviction occurred. Any requests for exceptions shall be submitted--in writing through the appropriate chain of command--to the Division Directors, who shall make the final decision.
7.
INTEGRATION: The parties declare this contract to be the final and complete expression of their agreement, and it shall not be contradicted, supplemented, or varied by any prior or contemporaneous oral or written agreements, representations, or understandings. No modifications of this agreement will be binding on either party, unless made in writing and signed by persons authorized to sign agreements on behalf of the CONTRACTOR and UDC.
8.
NON-APPROPRIATION OF FUNDS: UDC’s continued performance after the start of the State of Utah’s next fiscal year is expressly contingent upon funds for this contract being appropriated, budgeted, or otherwise made available. If funds are not made available for the next fiscal years, this contract will automatically terminate at the end of the current fiscal year.
9.
OCCUPATIONAL SAFETY AND HEALTH: (This clause will be considered a part of this contract only if required by law, rule, or regulation). CONTRACTOR represents that it is in compliance with Occupational Safety and Health Administration (OSHA) standards on blood borne pathogens set forth in 29 CFR 1910.1030, for any of the CONTRACTOR’S employees who provide services to UDC pursuant to this contract.
10.
PARAGRAPH AND SECTION HEADINGS: Paragraph and section headings throughout this contract are used for the sole purpose of facilitating the quick location of various contract provisions. Consequently, such headings do not create contractual rights or obligations, nor are they to be construed as a substantive part of the paragraphs or sections to which they belong.
11.
PUBLIC ACCESS TO CONTRACT INFORMATION: This contract is a public document, and both CONTRACTOR and UDC shall allow members of the general public to inspect a copy of the same during their regular business hours. Interested parties may obtain a copy of this contract at their own expense.
12.
MONITORING AND REVIEW OF CONTRACT/AGREEMENT: UDC, either itself or through a designated thirdparty, will monitor and review CONTRACTORS delivery of services and compliance with the contract/agreement. Monitoring shall include, but not be limited to, verification that specified duties are being properly performed, that appropriate documentation exists, that charges submitted are properly substantiated, and that payments are made in accordance with agreement costs. Monitoring of CONTRACTOR’S records related to this contract/agreement may be performed with or without prior notification by UDC or its designee.
13.
IMMUNITY ACT: No Provision of this contract shall be construed to bring contractors or their agents, employees, or subcontractors (if any) within the coverage of the Utah Governmental Immunity Act, Utah Code Annotated § 63G-7-101 et seq.
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Attachment B1- Corrections Standard Terms and Conditions
Page 1 of 2
p. 34
State of Utah
Bid MP14036
14.
WORKERS’ COMPENSATION: CONTRACTOR shall be responsible to provide Workers’ Compensation Insurance for itself and its agents and/or employees or the agents and employees of its subcontractor. Contractor will defend, indemnify, and hold UDC harmless from any claim or liability arising out of CONTRACTORS’ or its agents’ and/or employees’ workers’ compensation claims or its SUBCONTRACTORS’ employees’ and/or agents’ worker’s compensation claims.
15.
CONTRACTOR IS AN INDEPENDENT CONTRACTOR: CONTRACTOR acknowledges and agrees that it is providing its services and the services performed by its employees and/or agents as an independent contractor and not as an employee of UDC or the State of Utah. CONTRACTOR acknowledges and agrees that it is not entitled to any benefits, wages, or rights to which employees of UDC are entitled, including but not limited to retirement, medical/dental, leave, and overtime benefits. As an independent contractor, CONTRACTOR is solely responsible to pay appropriate federal and state taxes, FICA and FUTA on payments received by it and its employees and/or agents. CONTRACTOR agrees to indemnify UDC for all losses arising out of CONTRACTOR’S or SUBCONTRACTORS’ tax liabilities, including any and all penalties, assessments, and/or claims against UDC.
16.
WAIVER OF CLAIMS: CONTRACTOR and/or his agents/employees expressly and knowingly waive(s) any claim to wages, employment benefits and/or rights entitled to employees of UDC. By waiving its claims, CONTRACTOR agrees that neither it nor its employees/agents will file claims for wages and/or employment benefits entitled to employees of UDC, including but not limited to claims arising under the Federal Labor and Standards Act (FLSA) and/or State employment laws. CONTRACTOR agrees to indemnify, defend, and hold the UDC harmless against claims for employee wages, benefits, and/or rights otherwise entitled to employees of UDC.
17.
CONFIDENTIALITY: CONTRACTOR hereby agrees, as to any records or records series provided to CONTRACTOR by the Utah Department of Corrections (UDC) which are classified pursuant to the Utah Government Records and Management Act (GRAMA) as "private," "controlled," or "protected," that CONTRACTOR is subject to the same GRAMA restrictions on disclosure by CONTRACTOR of such records or record series as is UDC. CONTRACTOR further agrees that any such record or record series requested are necessary for the performance of CONTRACTOR’S contract with UDC; that the CONTRACTOR'S use of the records or record series produces a public benefit that outweighs the individual privacy right that protect the records or record series; that the records or record series will only be used for the performance of the contract with UDC; that the records or record series will not be disclosed to any other person; and that the records or record series will not be used for advertising or solicitation purposes. Contractor understands that any person who intentionally discloses, provides a copy of, or improperly uses such records or record series, knowing that the disclosure is prohibited, is guilty of a class B misdemeanor.
18.
CONTRACTOR TRAINING: All CONTRACTOR’S officers, employees, subcontractors, agents, or volunteers, providing services pertaining directly to this contract, shall successfully complete orientation or a training session offered by UDC prior to contract implementation.
19.
CUSTODIAL SEXUAL MISCONDUCT: Utah Statute 76-5-412 prohibits sexual contact to a person in custody by an employee, private provider, or CONTRACTOR for the Utah Department of Corrections. A violation of this statute could result in a felony or a misdemeanor conviction. Consent of the person in custody is not a defense to any violation or attempted violation of this statute. CONTRACTOR must provide written notice of Utah Code Annotated § 76-5-412 to any employees having contact with offenders pursuant to this contract. In addition, the Utah Division of Occupational and Professional Licensing (DOPL) is legislatively responsible to investigate complaints regarding the conduct of individuals practicing in regulated occupations and professions. DOPL may be notified of violations of conduct for those UDC CONTRACTORS who are licensed under DOPL. Refer to Title 58 of the Utah Code and Title R156 of the Utah Administrative Code for details.
20.
RESEARCH / EXPERIMENTS: Any research or experiments including offenders must be approved by the Departmental Review Board. Sociological/psychological research or experiments including offenders under the jurisdiction of UDC requires prior written approval of the Division Director/designee and written, informed, and voluntary consent from each offender included.
Revised May 2009 -----------------------END OF ATTACHMENT B1------------------------
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Attachment B1- Corrections Standard Terms and Conditions
Page 2 of 2
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State of Utah
Bid MP14036
ATTACHMENT B STATE OF UTAH STANDARD INFORMATION TECHNOLOGY TERMS AND CONDITIONS (ADDITIONAL TERMS AND CONDITIONS FOR IT RELATED CONTRACTS) 1.
CONFLICT OF INTEREST WITH STATE EMPLOYEES: In addition to the provisions of State of Utah Terms and Conditions, Conflict of Interest Section, the Contractor certifies that no person in the State’s employment, directly or through subcontract, will receive any private financial interest, direct or indirect, in the contract. The Contractor will not hire or subcontract with any person having such conflicting interest.
2.
CONTRACTOR ACCESS TO SECURE STATE FACILITIES, DATA, AND TECHNOLOGY / CRIMINAL CONVICTION INFORMATION / FORMER FELONS: Any agents or employees, and the agents and employees of a subcontractor (if any) are required to complete federal criminal background check, in accordance with Department of Technology Services (DTS) Policy 2000-0014 Background Investigations, if they will A) enter upon secure premises controlled, held, leased, or occupied by the State, B) have access to, maintain, or develop any hardware, software, firmware, or any other technology, that is used by the State, or C) have access to or receive any State data, during the course of performing this contract. A federal criminal background check may be completed by the Contractor (at its own expense) and the results provided to the State, or the Contractor may provide the State with sufficient personal information (at its own expense) so that one may be completed by the State, at State expense. Contractor will provide results of said background checks before work is started by the agent or employee and said background check must have been completed within the two years prior to the contract effective date. The Contractor will notify the State of any negative results (such as conviction of a felony) found during the agent or employee's background check. The State reserves the right to conduct additional background checks on agents or employees whose provided background checks were deemed out of compliance with State standards. If an additional background check is needed, the Contractor will provide the State with sufficient personal information (at its own expense) for a federal criminal background check to be completed, at State expense, on such personnel by the State. “Sufficient personal information” about its agents or employees, and the agents and employees of its subcontractors (if any) means for the Contractor to provide to the State Project Manager, in advance of any work, a list of the full names of the designated employees, including their social security number, driver license number and the state of issuance, and their birth date. Thereafter, one week prior to starting work, each contractor employee shall be fingerprinted by the State, and the State is authorized to conduct a federal criminal background check based upon those fingerprints and personal information provided. The State will use this same information to complete a Name Check in the Utah Criminal Justice Information System (UCJIS) every two years and reserves the right to revoke any access or security rights granted in the event of any negative results. Contractor, in executing any duty or exercising any right under this contract, shall not cause or permit any of its agents or employees, and the agents and employees of its subcontractors (if any) who have been convicted of a felony and misdemeanors other than minor misdemeanors to A) enter upon secure premises controlled, held, leased, or occupied by the State, B) have access to, maintain, or develop any hardware, software, firmware, or any other technology, that is used by the State, or C) have access to or receive any State data. A felony and misdemeanor are defined by the jurisdiction of the State of Utah, regardless of where the conviction occurred. Upon request, DTS agrees to provide Contractor with a copy of the latest version of the DTS Policy 2000-0014 Background Investigations.
3.
DRUG-FREE WORKPLACE: When applicable, the Contractor agrees to abide by the drug-free workplace policies if the State while on State of Utah premises. State will provide the Contractor with a copy of these written “drug-free workplace policies” upon request.
4.
CODE OF CONDUCT: When Contractor employees are working at facilities controlled by the State, Contractor agrees to follow and enforce the Code of Conduct Policy of the State along with DTS Policy 2000-001: Code of Conduct. The Contractor will assure that each employee or volunteer under Contractor’s supervision receives a copy of such Code of Conduct, and a signed statement to this effect must be in each Contractor or Subcontractor employee’s/volunteer’s file and is subject to inspection and review by the State’s monitors. Upon request, the State and DTS agree to provide Contractor with a copy of any applicable codes of conduct.
5.
SUSPENSION OF WORK: Should circumstances arise which would cause the State to suspend the work, but not terminate the contract, this will be done by formal notice. The work may be reinstated upon advance formal notice from the State.
6.
SECURE PROTECTION AND HANDLING OF DATA: 1.
Network Security: Contractor agrees at all times to maintain network security that - at a minimum - includes: network firewall provisioning, intrusion detection, and regular third party penetration testing. Likewise Contractor agrees to maintain network security that conforms to one of the following: a.
Those standards the State of Utah applies to its own network, found outlined in DTS Policy 5000-0002 Enterprise Information Security Policy (copy available upon request)
b.
Current standards set forth and maintained by the National Institute of Standards and Technology, includes those at: http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r4.pdf; or
c.
Any generally recognized comparable standard that Contractor then applies to its own network and approved by the State in writing.
2.
Data security: Contractor agrees to protect and maintain the security of the State of Utah data with protection that is at least as good as or better than that maintained by the State of Utah. These security measures included but are not limited to maintaining secure environments that are patched and up to date with all appropriate security updates as designated, (ex. Microsoft Notification).
3.
Data Transmission: Contractor agrees that any and all transmission or exchange of system application data with the State of Utah and/or any other parties expressly designated by the State of Utah, shall take place via secure means, (ex. HTTPS or FTPS).
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Bid MP14036
4.
Data Storage: Contractor agrees that no State of Utah data at any time will be processed on or transferred to any portable or laptop computing device or any portable storage medium, unless such medium is part of the Contractor's designated backup and recovery process.
5.
Data Encryption: Contractor agrees to store all State of Utah backup data as part of its designated backup and recovery process in encrypted form, using no less than 128 bit key.
6.
Password Protection. Contractor agrees that any portable or laptop computer that has access to a State of Utah network, or stores any non-public State of Utah data is equipped with strong and secure password protection.
7.
Data Re-Use: Contractor agrees that any and all data exchanged shall be used expressly and solely for the purpose enumerated in this Contract. Contractor further agrees that no State of Utah data of any kind shall be transmitted, exchanged or otherwise passed to other Contractors or interested parties except on a case-by-case basis as specifically agreed to in writing by the State.
8.
Data Destruction: The Contractor agrees that upon termination of this Agreement it shall erase, destroy, and render unreadable all State of Utah data from all non-state computer systems and backups, and certify in writing that these actions have been completed within 30 days of the termination of this Agreement or within 7 days of the request of the State, whichever shall come first.
7.
NOTIFICATION AND DATA BREACHES: Contractor agrees to comply with all applicable laws that require the notification of individuals in the event of unauthorized release of personally-identifiable information or other events requiring notification in accordance with DTS Policy 5000-0002 Enterprise Information Security Policy (copy available upon request). In the event of a data breach of any Contractor's security obligations or other event requiring notification under applicable law (Utah Code § 13-44-101 thru 301 et al), Contractor agrees at its own expense to assume responsibility for informing all such individuals in accordance with applicable laws and to indemnify, hold harmless and defend the State of Utah against any claims, damages, or other harm related to such Notification Event.
8.
CHANGE MANAGEMENT: Contractor agrees to comply with DTS Change Management Policy 4000-0004. This DTS policy requires that any work performed by the Contractor that has the potential to cause any form of outage, or modify the State’s infrastructure architecture must first be reviewed by the DTS Change Management Committee, and coordinated accordingly. The DTS Project Manager will inform the Contractor if this change control requirement is applicable. Following this notification, any failure by the Contractor that causes outages or data security breaches caused by the Contractor as a direct result of failure to comply, will result in the Contractor’s liability for the damages. Upon request, DTS agrees to provide Contractor with a copy of the latest version of DTS Change Management Policy 4000-0004.
9.
CREDITING STATE IN ADVERTISING / PUBLICITY: Any publicity given to the project or services provided herein shall identify the State of Utah’s managing agency as the sponsoring agency and shall not be released without prior written approval by that State agency’s Project Manager.
10. STATE AGENCY WEB SITE BRANDING: The Contractor agrees to use the State logo, or a newer version if replaced in the future, on websites produced under terms of this contract, if requested by State. 11. PATENTS, COPYRIGHTS, ETC.: The Contractor will release, indemnify and hold the State, its officers, agents and employees harmless from liability of any kind or nature, including the Contractor's use of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention, article or appliance furnished or used in the performance of this contract. 12. COPYRIGHT: The contractor agrees that any and all Deliverables prepared for the State of Utah as required by this contract, to the extent to which it is eligible under copyright law in any country, shall be deemed a work made for hire, such that all rights, title and interest in the work and Deliverables shall be exclusively owned by the State of Utah. State of Utah reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for Federal or State Government purposes, such software, modifications and documentation. To the extent any Deliverable is deemed not to be, for any reason whatsoever, work made for hire, Contractor agrees to assign and hereby assigns all right title and interest, including but not limited to copyright patent, trademark and trade secret, to such Deliverables, and all extensions and renewals thereof, to the State of Utah. Contractor further agrees to provide all assistance reasonably requested by the State of Utah in the establishment, preservation, and enforcement of its rights in such Deliverables, without any additional compensation to Contractor. Contractor agrees to and hereby, to the extent permissible, waives all legal and equitable rights relating to the Deliverables, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications. 13. OWNERSHIP, PROTECTION AND USE OF RECORDS: Except for confidential medical records held by direct care providers, the State shall own exclusive title to all information gathered, reports developed, and conclusions reached in performance of this Contract. The Contractor may not use, except in meeting its obligations under this contract, information gathered, reports developed, or conclusions reached in performance of this Contract without the express written consent of the State. The improper use or disclosure of any information concerning a State of Utah client, or a State of Utah employee for any purpose not directly connected with the administration of the State, or the Contractor’s responsibilities with respect to services purchased under this agreement, is prohibited except on written consent of the state agency employee, state agency client, their attorney, or their responsible parent or guardian. The Contractor will be required to sign a Confidential Information 4/22/2014 1:33 PM
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State of Utah
Bid MP14036
Certification form in situations where they will be given access to confidential computerized records. The Contractor agrees to maintain the confidentiality of records it holds as agent for the State as required by Government Records Access and Management Act (“GRAMA”), or other applicable federal or state law. The State of Utah shall own and retain unlimited rights to use, disclose, or duplicate all information and data (copyrighted or otherwise) developed, derived, documented, stored, or furnished by the Contractor under the Contract. The Contractor, and any subcontractors under its control, expressly agrees not to use confidential client, or confidential federal, state, or local government data, without prior written permission from the State of Utah Project Manager and appropriate officials of the State Agency. 14. OWNERSHIP, PROTECTION, AND USE OF CONFIDENTIAL FEDERAL, STATE, OR LOCAL GOVERNMENT INTERNAL BUSINESS PROCESSES AND PROCEDURES: The improper use or disclosure by any party of protected internal Federal or State business processes, polices, procedures, or practices is prohibited. Confidential federal or state business processes, policies, procedures, or practices shall not be divulged by the Contractor, Contractor’s employees, or their Subcontractors, unless prior written consent has been obtained in advance from the State of Utah Project Manager. 15. OWNERSHIP, PROTECTION, AND RETURN OF DOCUMENTS AND DATA UPON CONTRACT TERMINATION OR COMPLETION: All documents and data pertaining to work required by this contract will be the property of the State and must be delivered to the State within 30 working days after termination or completion of the contract, regardless of the reason for contract termination, and without restriction or limitation to their future use. Any State data that may be returned under provisions of this clause must either be in the format as originally provided, or in a format that is readily usable by the State or that can be formatted in a way that it can be used. Costs for all of these described items will be considered as included in the basic contract compensation of the work described used by the State. 16. CONFIDENTIALITY: Contractor, and anyone for whom the Contractor may be liable, must maintain the confidentiality of any non-public personal information. Personal information includes, but is not limited to, names, social security numbers, birth dates, address, credit card numbers and financial account numbers. The State reserves the right to identify additional reasonable types or categories of information that must be kept confidential by the Contractor and anyone for whom the Contractor may be liable. This duty of confidentiality shall be ongoing and survive the term of this contract. 17. TERMINATION UPON DEFAULT: In the event this contract is terminated as a result of a default by the Contractor, the State may procure or otherwise obtain, upon such terms and conditions as the State deems appropriate, services similar to those terminated, and Contractor shall be liable to the State for any and all damages arising there from, including, but not limited to, attorneys’ fees and excess costs incurred by the State in obtaining similar services. 18. WORKERS’ COMPENSATION: The Contractor shall furnish proof to the State, upon request and maintain during the life of this contract, workers’ compensation insurance for all its employees as well as any subcontractor employees related to this contract. 19. SURVIVORSHIP: This paragraph defines the specific contractual provisions that will remain in effect after the completion of or termination of this contract, for whatever reason: (a) State of Utah Standard Information Technology Terms and Conditions (State of Utah Standard IT Terms and Conditions) # 6, Secure Protection and Handling of Data; (b) State of Utah Standard IT Terms and Conditions # 7, Notification and Data Breaches; (c) State of Utah Standard IT Terms and Conditions # 12, Copyright; (d) State of Utah Standard IT Terms and Conditions #13, Ownership, Protection, and Use of Records, including Residuals of such records; and (e) State of Utah Standard IT Terms and Conditions #14, Ownership, Protection, and Use of Confidential Federal, State, or Local Government Internal Business Processes, including Residuals of such confidential business processes; (f) State of Utah Standard IT Terms and Conditions #15, Ownership, Protection, and Return of Documents and Data Upon Contract Termination or Completion; (g) State of Utah Standard IT Terms and Conditions #16, Confidentiality. 20. WAIVER: The waiver by either party of any provision, term, covenant or condition of this Contract shall not be deemed to be a waiver of any other provision, term, covenant or condition of this Contract nor any subsequent breach of the same or any other provision, term, covenant or condition of this Contract.
(Revision Date: 3 Apr 2014)
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State of Utah
Bid MP14036
REQUEST FOR PROPOSAL ELECTRONIC FUNDS TRANSFER UTAH DEPARTMENT OF CORRECTIONS Solicitation #MP14036
Attachment C- Proposal Evaluation Score Sheet Firm Name: Evaluator: Date:
Score will be assigned as follows: 0 = Failure- no response 1 = Poor, inadequate, fails to meet requirement 2 = Fair, only partially responsive 3 = Average, meets minimum requirement 4 = Above average, exceeds minimum requirement 5 = Superior
Stage 1: Determination of Responsiveness: Mandatory Minimum Requirements
Pass
Fail
Notes
1. Offeror must provide Insurance Certification 2. Offeror must pledge to obtain the required surety bond 3. Offeror must provide Verification /statement attesting that offeror has met, and is current with “Payment Card Industry Data Security Standards” 4. Offeror must attest to ability to meet the scope of work 5. Offeror must have 2 years’ experience within the corrections environment implementing and running electronic funds transmittal services. 6. Offeror must provide Credentials 7. Offeror must provide any Intent to Subcontract
Responses that fail in any of the above will not proceed on to the Technical Evaluation Stage.
Stage 2: Detailed Technical Evaluation: Any final fractional scores will be rounded up or down, with .5 rounding up. TECHNICAL EVALUATION CRITERIA
Points Possible
Score (0 - 5)
Weight
Points
1. Demonstrated Ability to Meet Scope of Work (150 points possible) 1.1 Sample batch reports and sample transaction detail reports 1.2 Kiosk / magnetic strip card designs and use options 1.3 Outline how UDC will access data 1.4 Plan regarding instruction, training, and support for UDC staff to be able to manage the magnetic strip card process
50 points
X 10
50 points 25 points
X 10 X5
25 points
X5
2. Demonstrated Technical Capability (200 points possible) 2.1 Implementation plan / timeline 2.2 Experience in correctional setting and experience of key personnel 2.3 Identify the name, roles, and responsibilities of key personnel 2.4 Explain how transaction history data, maintained offline, are retrieved 2.5 Other products / options available (both at no additional cost, and for additional cost along with cost recovery options)
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Attachment C- Proposal Evaluation Score Sheet
100 points
X 20
50 points
X 10
20 points
X4
20 points
X4
10 points
X2
Page 1 of 2
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State of Utah
Bid MP14036
3. Qualification and Expertise (200 points possible) 3.1 3.2 3.3 3.4 3.5 3.6 3.7
Proof of Financial stability Disaster recovery / business continuity plan Problem resolution plan Standards for client access to customer services transactions and associated data storage evaluation of the types of service interruptions security plan
30 points 50 points 50 points 10 points 10 points 20 points 30 points
X6 X 10 X 10 X2 X2 X4 X6
4. Performance References (150 points possible) 4.1 reference check on list of current and former clients
150 points
X 30
Total Technical Evaluation Points (700 possible) Only those Proposals that achieve 70% (490 points) of the possible 700 Total Technical points will proceed on to Stage 3: Cost Proposal Evaluation. Proposals with a score of less than the minimum required technical score will be deemed unacceptable and ineligible for further consideration.
Stage 3: Cost Proposal Evaluation: COST EVALUATION CRITERIA
Points Possible
Points
Cost- B. Transaction Fees charged per Deposit (240 points possible)
Kiosk – Cash
40 points
Kiosk – Credit and Debit Cards
40 points
Internet – Electronic Funds Transfer
40 points
Toll-Free Phone – Credit and Debit Cards
40 points
Lock Box – Money Orders, Personal Checks, Cashier’s Checks, Bank Checks Walk-in Deposits
40 points 40 points
* Inserted by Purchasing * Inserted by Purchasing * Inserted by Purchasing * Inserted by Purchasing * Inserted by Purchasing * Inserted by Purchasing
Cost- C. Debit Card Service Fees (60 points possible)
Group 1. One Time Recipient Fees, Card Activation Fee
10 points
Group 2. Signature Purchase Fee, PIN Purchase Fee
10 points
Group 3. ATM Fees/Declines/Balance Inquiries
10 points
Group 4. Monthly Fee
30 points
* Inserted by Purchasing * Inserted by Purchasing * Inserted by Purchasing * Inserted by Purchasing
Total Cost Evaluation Points (300 possible) TOTAL EVALUATION POINTS (1000 points possible) Cost Formula 1: The points assigned to each offerors proposed cost will be based on the lowest Proposed Cost. The offeror with the lowest Proposed Cost will receive 100% of the associated cost points. All other offerors will receive a portion of the associated cost points based on what percentage higher their Proposed Cost is than the Lowest Proposed Cost. An offeror whose Proposed Cost is more than double (200%) the Lowest Proposed Cost will receive no points. The formula to compute the points is: Cost Points x (2- Offeror’s Proposed Cost/Lowest Proposed Cost). Limit Formula 1: The points assigned to each offerors Proposed Limit will be based on the highest Proposed Limit. The offeror with the highest Proposed Limit will receive 100% of the limit points. All other offerors will receive a portion of the total limit points based on what percentage lower their Proposed Limit is than the highest Proposed Limit. The formula to compute the points is: Limit Points x (2- Highest Proposed Limit /Offeror’s Proposed Limit).
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Attachment C- Proposal Evaluation Score Sheet
Page 2 of 2
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State of Utah
Bid MP14036
ATTACHMENT D COST BREAKDOWN SHEET – COST PROPOSAL
Bidder Company Name
Name of Person Authorized to Submit Bid
To be considered responsive to this solicitation the CONTRACTOR must submit: A. Products and services not specifically addressed in this RFP, but which are necessary to provide functional capabilities proposed by the offeror, must be included in the proposal. B. Submit all-inclusive COST for each of the following transaction fees charged per deposit. UDC requests a flat per use fee for each mode of deposit. CONTRACTOR will list their fee and any limits: Deposit/Payment
Cost
Limit
Kiosk – Cash Kiosk – Credit and Debit Cards Internet – Electronic Funds Transfer Toll-Free Phone – Credit and Debit Cards Lock Box – Money Orders, Personal Checks, Cashier’s Checks, Bank Checks Walk-in Deposits Scoring:
Cost will be scored using Cost formula 1 (lowest cost receives maximum points) Limit will be scored using Limit formula 1 (highest receives maximum points) Cost and Limit points will be averaged for final Cost Points. Maximum 240 points possible; 40 per line
C. Submit all-inclusive COST for each of the following debit card service fees (if any): Debit Card Fee Type
Cost
Group 1. One-Time Recipient Fee for the “Inmate Release Debit Card Program” Group 1. One-Time Recipient Fee for the “Reloadable Debit Card Program” Group 1. Card Activation Fee Group 2. Signature Purchase Fee Group 2. PIN Purchase Fee st
Group 3. ATM Fee – For 1 Transaction Group 3. ATM Fee – For Each Additional Transaction Group 3. ATM Declines Group 3. ATM Balance Inquiries 4. Monthly Fee Scoring:
Individual Group Fees will be scored using Cost formula 1 (lowest cost receives maximum points). Scores within a Group will be averaged for final Group Cost Points. Maximum 60 points possible; Group 1= 10 points, Group 2= 10 points, Group 3= 10 points, Group 4= 30 points
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Attachment D- Cost Breakdown Sheet
Page 1 of 2
p. 41
State of Utah
Bid MP14036
HISTORICAL FIGURES: The following numbers represent the approximate number of deposit/payment transactions based on fiscal year 2013 activity: Deposit/Payment Amounts
Number of Transactions*
Kiosk – Cash 16,100 Kiosk – Credit and Debit Cards 5,200 Internet – Electronic Funds Transfer 31,000 Toll-Free Phone – Credit and Debit Cards 14,000 Lock Box – Money Orders, Personal Checks, Cashier’s Checks, Bank Checks 7,700 Walk-in Deposits 0 TOTAL 74,000 * These numbers are provided only to assist you in estimating staffing needs and earning potential. These numbers are in no way a guarantee of actual service level requirements. Actual needs will vary based upon the number of offenders, changes in legislation, budgets, etc. If the State determines vendor pricing to be artificially inflated, based on competitor pricing, we reserve the right to deem the bid non-compliant which may disqualify the vendor. (Any deviation from this format may result in disqualification of proposal)
Cost Formula 1: The points assigned to each offerors proposed cost will be based on the lowest Proposed Cost. The offeror with the lowest Proposed Cost will receive 100% of the associated cost points. All other offerors will receive a portion of the associated cost points based on what percentage higher their Proposed Cost is than the Lowest Proposed Cost. An offeror whose Proposed Cost is more than double (200%) the Lowest Proposed Cost will receive no points. The formula to compute the points is: Cost Points x (2- Offeror’s Proposed Cost/Lowest Proposed Cost). Limit Formula 1: The points assigned to each offerors Proposed Limit will be based on the highest Proposed Limit. The offeror with the highest Proposed Limit will receive 100% of the limit points. All other offerors will receive a portion of the total limit points based on what percentage lower their Proposed Limit is than the highest Proposed Limit. The formula to compute the points is: Limit Points x (2- Highest Proposed Limit /Offeror’s Proposed Limit).
-----------------------END OF ATTACHMENT D------------------------
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Attachment D- Cost Breakdown Sheet
Page 2 of 2
p. 42
State of Utah
Bid MP14036
Question and Answers for Bid #MP14036 - Utah Dept of Corrections- Electronic Funds Transfer
5
OVERALL BID QUESTIONS There are no questions associated with this bid. If you would like to submit a question, please click on the "Create New Question" button below.
Question Deadline: May 16, 2014 1:00:00 PM MDT
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