STATE OF CALIFORNIA Franchise Tax Board
REQUEST FOR QUOTATION QUOTATION/BID DUE DATE: Thursday, June 20, 2013 by 2:00 PM PT
Bidder Information: (Print or Type)
Responses must be delivered to the California Franchise Tax Board (FTB) no later than 2:00 PM PT on the date due. SOLICITATION NO. RELEASE DATE
RFQ-FTB-1213-1012.1 Advertised
06/06/2013
Supplier Name:
For further information contact:
Tracie Zamora Office: (916) 845-3937
Supplier Address:
Return final quotation/bid to: Franchise Tax Board
Delivery Date:
ASAP
Ship To: Franchise Tax Board California Warehouse 9646 Butterfield Way Sacramento, CA 95827
EMAIL OR FACSIMILE (FAX): Supplier Phone and Fax:
[email protected] Fax: (916) 845-9627
Supplier Email:
Please not the following two items: 1)
The State reserves the right to consider authorized email of facsimile quotations/bids as properly “sealed” if received prior to the closing time specified; provided that a handwritten signature is shown on the facsimile. (System generated signatures are not acceptable forms of signatures.)
2)
If email or facsimile transmission of the quotation/bid is acceptable and the Bidder chooses to transmit their quotation/bid via facsimile, the Bidder understands and agrees that the State will consider only those portions of the quotation/bid received prior to the closing time specified; any pages received after that time, regardless of when sent, wil not be considered. The State shall not be responsible for any delays in email or fax quotations/bids due to technical problems on either the Bidder or State’s equipment (e.g. network problems, busy fax machine, etc.)
Supplier’s Federal Employer Identification Number:
Supplier’s Corporation Number:
** If Bidder does not posses a California Corporation Number, indicate “None or N/A”
Print Name Title Signature
Key Action Dates Solicitation Released: 06/06/2013 Questions Due: 06/12/2013 4:00 PM PT Responses Due: 06/20/2013 2:00 PM PT
Date
Bidder offers and agrees if this response is accepted within 45 calendar days following the date the response is due to furnish all the items upon which prices are quoted, at the prices set opposite each item, delivered at the designated point(s) by the method of delivery and within the times specified and subject to the attached General Provisions. DELCARATIONS UNDER PENALTY OF PERJURY; By signing above, with inclusion of the date of signature, the above signed Bidder DECLARES UNDER PENALTY OF PERJURY under the laws of the State of California as follows: (1) (STATEMENT OF COMPLIANCE). The above signed has complied with the non-discrimination program requirements of Government Code 12990 and Title 2, California Administrative Code Section 8103, and such declaration is true and correct. (2) The National Labor Relations Board declaration set forth in Paragraph 48 of the General Provisions is true and correct. (3) If a claim is made for the Small Business or Disabled Veterans Business preference, the information set forth within is true and correct. SEE ATTACHMENT 1 - COST SHEET
Your signature affixed and dated herein certifies that you have met all California required tax filings and have no outstanding tax obligations. Your signature authorizes the verification of this certification. Your signature affixed herein certifies that you have met all requirements, specifications, and certifications of this quotation/bid solicitation. Your signature affixed and dated herein certifies that you are in agreement with the maintenance services described in ATTACHMENT 2 – STATEMENT OF WORK.
FTB 03/20/08 JG06012012
Page 1 of 12
State of California Franchise Tax Board REQUEST FOR QUOTATION Continued
1.
2.
Supplier Name:
Solicitation No.
Rev.
RFQ-FTB-1213-1012.1 Advertised
Bid Requirements A.
Delivery Final delivery, inspection and acceptance shall be at the location described in the “Ship To” address on page 1.
B.
Quotation Award For the purposes of this solicitation, contract award will be made on the basis of the Lowest Cost of the vendor who meets all of the Required Contractor Staff Experience as described the Statement of Work.
C.
Cash Discounts Cash discounts will not be considered when evaluating bid responses for award purposes. However, cash discounts may be offered and taken by departments processing invoices within the timeframe specified.
D.
Shipment For the purposes of this solicitation, only bid responses quoting F.O.B Destination will be accepted.
E.
Inquiries/Questions Written questions must be received by: Wednesday, June 12, 2013 by 4:00 PM PT Submit questions to
[email protected].
F.
Bidder’s Instructions and General Provisions The attached by reference Bidder’s Instructions and General Provisions have recently been revised. Please read carefully. See Section 16 of this RFQ.
G.
Quotation Attachments Bid responses that reference a supplier’s own terms and conditions or provisions will be considered non-responsive and will be rejected.
Verification of California Tax Status
Acceptable verification results are required prior to contract award.
3.
Background and Tax Compliance Checks of Contractor Personnel
The Franchise Tax Board (FTB) will investigate the personal history of all Contractor personnel who will have access to FTB’s facilities, data systems or confidential materials during the term of the contract. FTB will require such Contractors, Subcontractors, Independent Contractors, and their employees to complete a Personal History Statement and be fingerprinted. Fingerprints will be sent to the California Department of Justice for information regarding prior criminal history. Based upon the results, FTB reserves the right to prohibit individuals from performing work under this contract. As part of the background check, FTB may require tax identification information to validate compliance with the California Revenue and Taxation Code throughout the term of the contract. Compliance with the Revenue and Taxation Code means an individual has filed all required state income tax returns and all state income taxes are paid or a current payment installment agreement is in place. Prospective contract staff are encouraged to verify their individual filing status by calling 1-800-852-5711 to resolve any potential tax compliance issues. If a member of the Contractor’s staff or subcontractor staff (including replacements) is ineligible to work for FTB, the Contractor will be notified. If the contractor is unable to provide an eligible replacement, per the terms of this contract, it may be deemed a breach of this contact and may be grounds for termination of this contract.
4.
Responsible Bidder
The Franchise Tax Board may require bidder(s) to submit evidence of their qualifications at such times and under conditions, as it may deem necessary. The question of whether a particular bidder is a responsible bidder may involve an evaluation of the bidder’s experience, type of facility, expertise or financial resources regarding the particular items requested by the pertinent solicitation. If a bidder has been determined to be non-responsible, the bid shall be rejected.
5.
Facsimile (FAX) Bids
Facsimile machine (fax) bids will be considered only if they are sent to (916) 845-9627. Bids sent to any other fax number will not be considered. To be considered, all pages of a faxed bid must be completely received prior to the bid due date and time specified in this solicitation. Please be advised that there is a heavy demand placed on the fax machine receiving bids, and the State assumes no responsibility if a bidder cannot transmit their bid via fax, or it the entire bid is not received prior to the bid due date and time.
Page 2 of 12
State of California Franchise Tax Board REQUEST FOR QUOTATION Continued
6.
Supplier Name:
Solicitation No.
Rev.
RFQ-FTB-1213-1012.1 Advertised
Payee Data Record
The successful bidder will be required to submit a Payee Data Record, STD. Form 204 listing their Taxpayer Identification Number. Acceptable verification results are required prior to contract award. Refer to the following website link for more details: http://www.documents.dgs.ca.gov/osp/pdf/std204.pdf
7.
Seller’s Permit
Per Board of Equalization – Regulation 1502, Optional Software Maintenance Agreements are 50 percent taxable when the purchaser receives tangible personal property (TPP) during the term of the agreement. If no TPP is transferred to the customer during the period of the maintenance contract, tax does not apply to any portion of the charge. When applicable, please note that award will be conditional on providing the following document prior to award: You must provide your company’s California retailer’s seller’s permit or certification of registration and, if applicable, the permit or certification of all participating affiliates, issued by California’s State Board of Equalization (BOE), pursuant to all requirements as set form in Sections 6487, 7101 and sections 6452.1, 6487.3, 18510 of the Revenue and Taxation Code, and Section 10295.1 of the Public Contract code. In order to expedite the process of verifying the validity of the permit, provide the BOE permit number in the space provided below (or attach a copy of the permit with your bid.)
Retailer’s Seller’s Permit Number:
8.
.
California Disabled Veteran Business Enterprise (DVBE) Program Requirements:
The State has established goals for Disabled Veteran Business Enterprises (DVBE) participating in State contracts. For the purposes of this solicitation, the DVBE program requirements are waived due utilizing Government Code 14838.5, the SB/DVBE Option. Additionally, the FTB will not be offering a DVBE Incentive.
9.
Small Business Certification:
Bidders claiming the small business preference must be certified by California as a small business or must commit to subcontract at least 25% of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted. Small business nonprofit veteran service agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time bids are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940.
10. Small Business Regulations The Small Business regulations, located in the California Code of Regulations (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1896 et. seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 09/09/04. The new regulations can be viewed at (www.oal.ca.gov). Access the regulations by clicking on “California Code of Regulations” in the left sidebar under “Sponsored Links”. For those without Internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services at (916) 375-4940.
Page 3 of 12
State of California Franchise Tax Board REQUEST FOR QUOTATION Continued
Supplier Name:
Solicitation No.
Rev.
RFQ-FTB-1213-1012.1 Advertised
11. Non-Small Business Subcontractor Preference A five percent (5%) bid preference is available to a non-small business (NS) claiming twenty-five percent (25%) California certified small business (SB) subcontractor participation. If claiming the NS subcontractor preference, the bid response must include a list of the SB(s) with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net price with one or more California certified SBs. Each listed certified SB must perform a “commercially useful function” in the performance of the contract as defined in Government Code section 14837(d)(4). The required list of California certified SB subcontracts must be attached to the bid response and must include the following: 1) subcontractor name, 2) address, 3) phone number, 4) a description of the work to be performed and/or products supplied, and 5) the dollar amount or percentage of the net bid price (as specified in the solicitation) per subcontractor. Completion of the Bidder Declaration serves this purpose. Bidders claiming the five percent (5%) preference must commit to subcontract at least twenty-five percent (25%) of the net bid price with one or more California certified SBs. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the bid due date, and the OSDS must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375-4940.
12. Small Business Nonprofit Veteran Service Agencies (SB/NVSA): SB/NVSA prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5% small business preference. If applicable, claim the preference in the box on the right hand side of the first page of this solicitation.
13. Declaration Forms All bidders must complete the Bidder Declaration GSPD-05-105 and include it with the bid response. When completing the declaration, bidders must identify all subcontractors proposed for participation in the contract. Bidders awarded a contract are contractually obligated to use the subcontractors for the corresponding work identified unless the State agrees to a substitution and it is incorporated by amendment to the contract. Bidders who have been certified by California as a DVBE (or who are bidding rental equipment and have obtained the participation of subcontractors certified by California as a DVBE) must also submit a completed form(s) STD. 843 (Disabled Veteran Business Enterprise Declaration). All disabled veteran owners and disabled veteran managers of the DVBE(s) must sign the form(s). Should the form not be included with the solicitation, contact the State contracting official or obtain a copy online from the Department of General Services Procurement Division, Office of Small Business and DVBE Services (OSDS) website at http://www.dgs.ca.gov/pd/Programs/OSDS.aspx. The completed form should be included with the bid response. At the State’s option prior to award, bidders may be required to submit additional written clarifying information. Failure to submit the required written information as specified may be grounds for bid rejection. BIDDER DECLARATION FORM GSPD-05-105 http://www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf DVBE DECLARATION FORM Std. 843 (If Applicable) http://www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf
Page 4 of 12
State of California Franchise Tax Board REQUEST FOR QUOTATION Continued
Supplier Name:
Solicitation No.
Rev.
RFQ-FTB-1213-1012.1 Advertised
14. Commercially Useful Function (CUF) Documentation All certified Small Business, Microbusiness, and/or DVBE contractors, subcontractors or suppliers must meet the commercially useful function requirements under Government Code, Section 14837(d)(4) (for SB) and Military and Veterans Code, Section 999(b)(5)(B) (for DVBE). Please answer the following questions as they apply to your company for the goods/services being acquired in this procurement. 1.
Will your company be responsible for the execution of a distinct element of the resulting purchase order?
Yes
No
2.
Will your company be actually performing, managing, or supervising an element of the resulting purchase order?
Yes
No
3.
Will your company be performing work on the resulting purchase order that is normal for its business, services, and functions?
Yes
No
4.
Will your company be responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment?
Yes
No
Will there be any subcontracting that is greater than that expected to be subcontracted by normal industry practices for the resulting purchase order?
Yes
No
5.
A response of “No” in questions 1-4, or a response of “Yes” in question 5, may result in your bid being eliminated from consideration. At the State’s option prior to award, bidders may be required to submit additional written clarifying information.
15. DVBE Substitution - SB 548 Per Sentate Bill SB 548 the following provision is related to vendors who commit to using DVBE subcontractors. The vendors must request DGS approval prior to replacing a DVBE subcontractor Contractor understands and agrees that should award of this contract be based in part on their commitment to use the Disabled Veteran Business Enterprise (DVBE) subcontractor(s) identified in their bid or offer, per Military and Veterans Code section 999.5 (e), a DVBE subcontractor may only be replaced by another DVBE subcontractor and must be approved by the Department of General Services (DGS). Changes to the scope of work that impact the DVBE subcontractor(s) identified in the bid or offer and approved DVBE substitutions will be documented by contract amendment. Failure of Contractor to seek substitution and adhere to the DVBE participation level identified in the bid or offer may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC § 999.9; Public Contract Code (PCC) § 10115.10, or PCC § 4110 (applies to public works only).
Page 5 of 12
State of California Franchise Tax Board REQUEST FOR QUOTATION Continued
Supplier Name:
Solicitation No.
Rev.
RFQ-FTB-1213-1012.1 Advertised
16. Attachments The following documents are considered part of this solicitation and those identified as “Mandatory Return” must be returned with the bid response or the bid may be considered invalid and rejected. 1.
IT Bidder Instructions (GSPD-451) - Effective 11/09/2011
Included by reference
2.
IT General Provisions (GSPD-401IT) - Effective 06/08/2010
Included by reference
3.
IT Personal Services Special Provisions - Effective 02/08/07
Included by reference
4.
Completed and Signed Bidder Information
Page 1
Mandatory Return
5.
Payee Data Record
Page 3
(if not on file with FTB)
6.
Seller’s Permit and/or Number
Page 3
(when applicable)
7.
Signed Bidder Declaration form GSPD-05-105
Page 3
Mandatory Return
8.
Signed DVBE Declaration form STD. 843
Page 3
Mandatory Return (if applicable)
9.
Commercially Useful Function Documentation
Page 4
Mandatory Return (if applicable)
10. ATTACHMENT 1 - COST SHEET **You may include a quote/bid on company letterhead in addition to, but not in lieu of completing this sheet.
Page 5
Mandatory Return
Page 6 of 12
ATTACHMENT 1 COST SHEET RFQ-FTB-1213-1012.1 - Advertised Item No.
Quantity
Part No.
Unit
Description of Products/Services
1. 2. 3. 4. 5.
11 11 11 11 11
RM-4 RM-CAN
EA EA EA EA EA
6.
1
EA
7.
10
EA
8.
2
EA
9. 10. 11.
6 1 180
EA EA HRS
Software House RM-4 Personality Module w/Tamper Switch Software House Utility Enclosure for RM-4 ThinLine II Proximity Reader REX Motion Detector Door Contact Lock and power supplies for Modular furniture door (specifying the lock\electric strike as a Schlage 6400 Series Modular Strike) Lock and power supplies for Standard Doors (specifying the lock\electric strike as a Von Duprin model #6112) Software House I-Star Pro 16-port panel with Enclosure and power supply 500’ Roll –18/4 Shielded Plenum Cable for RM-4 Misc. Cable for RM-4 Labor (2 men @90 hours each) See Attachment 2 - STATEMENT OF WORK
Total Cost $ $ $ $ $ $ $ $ $ $ $
Subtotal Tax Total Cost $
FTB 03/20/08
Page 7 of 12
ATTACHMENT 2 STATEMENT OF WORK RFQ-FTB-1213-1012.1 - Advertised A. DESCRIPTION OF SERVICES Contractor shall provide and install to the Franchise Tax Board, eleven (11) card readers with door contacts, REX devices and electronic locks, two (2) I-star panels, plus all cabling and supporting hardware needed to mount, install, and connect the card reader from the nearest Advanced Processing Controller (APC) panel to the termination point. The new card reader equipment must be integrated with FTB’s existing CCURE system; therefore installation must be performed by a Software House Integrator and certified technicians. Contractor shall complete delivery and installation within ten (10) days after receipt of order and passing required Department of Justice background check and vendor identification badge processing. After installation and acceptance, contractor will warranty all parts and labor for a period of one (1) year from date of acceptance. Acceptance will be determined when card reader equipment is fully functioning and will include a three (3) day test period. A technician shall respond to the site for repairs within 24 hours or sooner including travel time. There will be NO Change Orders. Location of equipment to be installed: Franchise Tax Board Central Office Campus 9646 Butterfield Way Sacramento, CA 95827 Los Angeles & San Diego buildings (Map with exact locations will be furnished to awarded security vendor – and may offer a walkthrough prior to schedule of work to begin) Delivery and installation shall be completed during normal business hours, 0800 through 1700, Monday through Friday. Saturday and Sunday may be accepted with prior scheduling and approval. B. SPECIFICATIONS Item No.
Quantity
Part No.
Unit
Description of Products/Services
1. 2. 3. 4. 5.
11 11 11 11 11
RM-4 RM-CAN
EA EA EA EA EA
6.
1
EA
7.
10
EA
8.
2
EA
9. 10.
6 1
EA EA
Software House RM-4 Personality Module w/Tamper Switch Software House Utility Enclosure for RM-4 HID ThinLine II Proximity Reader REX Motion Detector Door Contact Lock and power supplies for Modular furniture door (specifying the lock\electric strike as a Schlage 6400 Series Modular Strike) Lock and power supplies for Standard Doors (specifying the lock\electric strike as a Von Duprin model #6112) Software House I-Star Pro 16-port panel with Enclosure and power supply 500’ Roll –18/4 Shielded Plenum Cable for RM-4 Misc. Cable for RM-4
C. INSTALLATION Installation shall include all parts, wires, connection devices, and supporting hardware needed to install, mount and connect the card reader from the APC panel to the termination point utilizing available input ports. Installation of card reader will be performed on existing modular furniture-type door and hardwall.
FTB 03/20/08
Page 8 of 12
ATTACHMENT 2 STATEMENT OF WORK RFQ-FTB-1213-1012.1 - Advertised CCURE application programming by the contractor must be coordinated with FTB Worksite Security Services/Project Manager, Randy Garrett, Worksite Security Services Section, and FTB programming standards must be adhered to. Wiring distance for the badge reader and lock varies from the door to the respective APC and/or IStar panel. Wiring path will be determined by FTB and the majority of the path is raised ceiling tile. A map showing the approximate distance for each badge reader location will be furnished to awarded security vendor. D. GENERAL REQUIREMENTS Contractor shall provide all necessary labor, materials and equipment to perform installation. Contractor must be Software House Integrator and utilize Software House certified technicians for all repairs. Upon award of Agreement, Certificates must be provided for each technician that will work on FTB systems, non-certified technicians are not allowed. Contractor shall be responsible for attaining any required approvals or permits for work performed under this section and under related sections and shall include said costs within the original bid. Contractor shall observe and comply with all Federal, State, City, and County laws, rules or regulations affecting the work. Any work done that does not comply with applicable laws, rules or regulations will be remedied at the Contractor’s expense. All work shall be in accordance with the California Building Code (CBC), California Electric Code (CEC), California State Fire Marshall requirements and all other State codes and ordinances that may prevail. Equipment, materials and installation workmanship of the equipment provided under this contract shall be guaranteed for a period of twelve (12) months from the date of final acceptance of product and service. Any defects due to faulty materials, methods of installation or workmanship within this period shall be repaired or replaced within 24 hours of notification by FTB at no expense to the State. When the defective part is repaired or replaced during this warranty period; the twelve (12) month warranty period will begin again on that part, thus providing FTB with continuous one-year defectivefree use of each piece of equipment. Replacement parts or equipment, which requires shipping/mailing to the vendor, shall be shipped/mailed in the most expedient manner possible (i.e., overnight express mail) for next day delivery and replacement. Contractor shall respond within two (2) hours of being contacted by FTB for a warranty repair. The contractor shall provide response to the State representative indicating when the service response will be provided. All service responses on warranty items shall be within a maximum of twenty-four (24) hours of notification by the State. Call for warranty service after 2400 hours (midnight) will be responded to during normal business hours (8 a.m. – 5 p.m.) of that same day. Contractor shall contact State representative at least seventy-two (72) hours in advance to schedule start of work. No material substitutions shall be made which deviate from the original installation without prior written approval by FTB. Page 9 of 12
ATTACHMENT 2 STATEMENT OF WORK RFQ-FTB-1213-1012.1 - Advertised Elements of work under this contract include, but are not limited to, materials, labor, supervision, supplies, equipment, transportation, testing and all required permits licenses and certifications. All workmanship shall be accomplished in a neat a professional manner, meeting industry standards. This shall include but not limited to: furnishing proper grounding of data lines and devices, providing plumb and level installation of all devices and equipment, providing neat wire and cable routing, identification of cables and/or conductors by point numbers, providing secure wire terminations, splices and ease of access for maintenance and testing. Precautions shall be exercised at all times for the protection of persons (including employees) and property. These shall include but not limited to, the installation of adequate safety guards and protective devices for all equipment and machinery, whether used in the performance of work or permanently installed as part of the work. The contactor shall comply will all applicable laws relating to safety regulations of the State Department of Industrial Relations, Division of Industrial Safety. E. CONTRACT TERMS Term of this contract is to begin upon award of contract and work to start before June 30, 2013. F. NEW EQUIPMENT All equipment to be provided in response to a State of California solicitation shall be new and latest model in current production. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE OR DISCONTINUED MODELS ARE NOT ACCEPTABLE. G. ACCEPTANCE TESTING Acceptance shall be FTB’s sole determination that the installation is completed. Acceptance criteria will include auditing the CCURE System to assure that the newly installed technology is free from issues, such as: Open loop, Line fault, communication failure, etc. H. POINTS OF CONTACT The contacts during the term of this contract will be: TABLE 1: FTB Point(s) of Contact Name Randy Garrett (Worksite Security Services/Project Manager)
Phone
Address
E-mail
(916) 845-5048
Franchise Tax Board Privacy, Security and Disclosure Bureau PO BOX 1468, MS A191 Sacramento, CA 95812-1468
[email protected]
Rebecca Cartwright (Worksite Security Services Section Manager/Sponsor)
(916) 845-6366
Franchise Tax Board Privacy, Security and Disclosure Bureau PO BOX 1468, MS A191 Sacramento, CA 95812-1468
[email protected]
Tracie Zamora (Department Procurement Contact)
(916) 845- 3937 Franchise Tax Board Procurement Bureau P.O. Box 2086, MS A374 Rancho Cordova, CA 95741-2086
[email protected]
TABLE 2: Contractor Point(s) of Contact Name (To Be Completed by the Contractor)
Phone (To Be Completed by the Contractor)
Address (To Be Completed by the Contractor)
E-mail (To Be Completed by the Contractor)
Page 10 of 12
ATTACHMENT 2 STATEMENT OF WORK RFQ-FTB-1213-1012.1 - Advertised I.
CHANGES TO STATEMENT OF WORK Requests for changes in scope or contract terms may be made in writing to the FTB Worksite Security Contact. However, no such changes may commence unless approved by FTB, in writing, in the form of a contract amendment.
J. TRAVEL AND EXPENSES
Contractor rates, travel and per diem are not applicable. K. INVOICES AND PAYMENT FOR SERVICES In consideration of the performance of the foregoing in a satisfactory manner, FTB agrees to pay for the product outlined in this SOW upon receipt of product and accurate invoice. FTB also agrees to pay the Contractor for services rendered, in arrears, upon receipt of an itemized invoice only with the approval of the FTB Worksite Security Services Contact and upon FTB’s Acceptance of the installation described in this SOW. The awarded Contractor shall submit invoices (clearly referencing this agreement) in triplicate to: Franchise Tax Board ATTN: Fiscal Accounting P.O. Box 2800 Sacramento, CA 95812-2800 L. PROBLEM ESCALATION The parties acknowledge and agree that the Contractor or FTB may wish to escalate issues pertaining to this contract by FTB. Such issues may include, but are not limited to, invoice processing or timeliness in meeting contractual obligations. There may be instances where the severity of the problem justifies escalated reporting. To this extent, the Contractor Project Manager and FTB’s Project Manager will determine the level of severity, and notify the appropriate State POC (Point Of Contact). The State POC notified, and the time taken to report the problem or issue, shall be at a level commensurate with the severity of the problem or issue. State POC’s are to be notified in the following sequence:
First level: State Worksite Security Section Project Manager Second level: State Worksite Security Section Manager\Sponsor Third level: State Procurement Section
The Contractor Project Manager will advise the State Project Manager of any intended escalation. Should the Contractor Project Manager not be entirely satisfied that the State is exercising its best efforts to resolve any problem or issue in an appropriate period of time, the Contractor Project Manager may escalate the problem or issue to the next appropriate level(s).
Page 11 of 12
ATTACHMENT 2 STATEMENT OF WORK RFQ-FTB-1213-1012.1 - Advertised M. CONFIDENTIALITY OF DATA All financial, statistical, personal, technical and other data and information relating to the State’s operation which are designated confidential by the State and made available to the Contractor in order to carry out this agreement, or which become available to the Contractor in carrying out this agreement, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. The identification of all such confidential data and information as well as the State’s procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the State in writing to the Contractor. If the methods and procedures employed by the Contractor for the protection of the Contractor’s data and information are deemed by the State to be adequate for the protection of the State’s confidential information, such methods and procedures may be used, with the written consent of the State, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information, which is or becomes publicly available, is already rightfully in the Contractor’s possession, is independently developed by the offer outside the scope of this agreement, or is rightfully obtained from third parties. Any data or information, which the State identifies to the Contractor to be confidential, will be treated in the following manner: 1. Any employee, agent or representative of the Contractor’s whose duties require access to such data or information, or to any equipment or device which contains such data or information, will first sign a Confidentiality Statement (FTB Form 7912) as presented in FTB General Procedure Manual, Section 7000. 2. When Contractor exercises the option to replace defective parts of any equipment or device containing confidential data, Contractor will certify to the State that all such data contained therein has been destroyed and is no longer readable. Any hard copy printouts created during testing or servicing of equipment or devices, which disclose any confidential data, or information will be destroyed by the Contractor in accordance with Internal Revenue Service specifications, or will be given to the State for proper disposal. N. BACKGROUND CHECK, FINGERPRINTING AND TAX COMPLIANCE OF CONTRACTOR PERSONNEL The Franchise Tax Board (FTB) will investigate the personal history of all Contractor personnel who will have access to FTB’s facilities, data systems or confidential materials during the term of the contract. FTB will require such Contractors, subcontractors, independent contractors, and their employees to complete a Personal History Statement and be fingerprinted. Fingerprints will be sent to the California Department of Justice for information regarding prior criminal history. Based upon the results, FTB reserves the right to prohibit individuals from performing work under this contract. As part of the background check, FTB may require tax identification information to validate compliance with the California Revenue and Taxation Code throughout the term of the contract. Compliance with the Revenue and Taxation Code means an individual has filed all required state income tax returns and all state income taxes are paid or a current payment installment agreement is in place. Prospective contract staff are encouraged to verify their individual filing status by calling 1800-852-5711 to resolve any potential tax compliance issues. If a member of the Contractor’s staff or subcontractor staff (including replacements) is ineligible to work for FTB, the Contractor will be notified. If the contractor is unable to provide an eligible replacement, per the terms of this contract, it may be deemed a breach of this contract and may be grounds for termination of this contract. Page 12 of 12
