State of Iowa, DAS Procurement Services Division Bid Information Bid Owner Email Phone Fax Nancy Wheelock nancy.wheelock@iowa.gov USA (515) 725-2268 USA (515) 725-0135 Bid Number Title RFB1114005002 Personal Credit and Background Check Reporting RFB 09/13/2013 9/27/2013 3:00:00 PM Bid Type Issue Date Close Date Contact Information Ship to Information Address Address Contact Department Building Floor/Room Telephone Fax Email Supplier Information Nancy Wheelock 1305 E Walnut Street Des Moines, IA 50319-0105 Nancy Wheelock Iowa Department of Administrative Services Hoover State Office Building 3rd Floor Contact Department Building Floor/Room Telephone Fax Email nancy.wheelock@iowa.gov Iowa Department of Administrative Services 1305 E WALNUT DES MOINES , IA 50319 Iowa Department of Administrative Services HOOVER STATE OFFICE BLDG 3rd Floor Supplier Notes Company Name Contact Name Address Telephone Fax Email Signature Date / / Bid Notes Bid Activities Bid Messages Bid Attachments The following attachments are associated with this opportunity and will need to be retrieved separately Line Filename Header RFB Definitions.docx Header RFB Administrative Information.docx Description Issuing Officer, Restriction on Communication, Amendment, Bid Opening, Disqualification, Public Records and Requests for Confidential Treatment, Responsible Contractor, Responsive Bid, Choice of Law Bid Attributes Please review the following and respond where necessary RFB1114005002 - Page 1 of 14 # Name Note Response 1 RFB Certification Letter I certify that the contents of the Proposal submitted in response to Request for Bid are true and accurate. I also certify that Contractor has not knowingly made any false statements in its Proposal. ____________________ (Required) Certification of Independence I certify that I am a representative of Contractor expressly authorized to make the following certifications in behalf of Contractor. By submitting a Bid in response to the RFB, I certify in behalf of the Contractor the following: 1. The Bid has been developed independently, without consultation, communication or agreement with any employee or consultant to the Agency or with any person serving as a member of the evaluation committee. 2. The Bid has been developed independently, without consultation, communication or agreement with any other contractor or parties for the purpose of restricting competition. 3. Unless otherwise required by law, the information found in the Bid has not been and will not be knowingly disclosed, directly or indirectly prior to Agency’s issuance of the Notice of Intent to Award the contract. 4. No attempt has been made or will be made by Contractor to induce any other contractor to submit or not to submit a Bid for the purpose of restricting competition. 5. No relationship exists or will exist during the contract period between Contractor and the Agency or any other State agency that interferes with fair competition or constitutes a conflict of interest. Certification Regarding Debarment 6. I certify that, to the best of my knowledge, neither Contractor nor any of its principals: (a) are presently or have been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal Agency or State Agency; (b) have within a three year period preceding this Proposal been convicted of, or had a civil judgment rendered against them for commission of fraud, a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of antitrust statutes; commission of embezzlement, theft, forgery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are presently indicted for or criminally or civilly charged by a government entity (federal, state, or local) with the commission of any of the offenses enumerated in (b) of this certification; and (d) have not within a three year period preceding this Bid had one or more public transactions (federal, state, or local) terminated for cause. This certification is a material representation of fact upon which the Agency has relied upon when this transaction was entered into. If it is later determined that Contractor knowingly rendered an erroneous certification, in addition to other remedies available, the Agency may pursue available remedies including suspension, debarment, or termination of the contract. RFB1114005002 - Page 2 of 14 Certification Regarding Registration, Collection, and Remission of Sales and Use Tax 7. Pursuant to Iowa Code sections 423.2(10) and 423.5(8) (2010) a retailer in Iowa or a retailer maintaining a business in Iowa that enters into a contract with a state agency must register, collect, and remit Iowa sales tax and Iowa use tax levied under Iowa Code chapter 423 on all sales of tangible personal property and enumerated services. The Act also requires Contractors to certify their compliance with sales tax registration, collection, and remission requirements and provides potential consequences if the certification is false or fraudulent. By submitting a Bid in response to the (RFB), the Contractor certifies the following: Contractor is registered with the Iowa Department of Revenue, collects, and remits Iowa sales and use taxes as required by Iowa Code Chapter 423; or Contractor is not a “retailer” or a “retailer maintaining a place of business in this state” as those terms are defined in Iowa Code subsections 423.1(45) and (46). Contractor also acknowledges that the Agency may declare the Contractor’s Bid or resulting contract void if the above certification is false. The Contractor also understands that fraudulent certification may result in the Agency or its representative filing for damages for breach of contract in additional to other remedies available to Agency. Indicate agreement by checking the box. RFB1114005002 - Page 3 of 14 2 RFB Authorization to Release Information Letter The Contractor hereby authorizes the ("Agency") or a ____________________ (Required) member of the Evaluation Committee to obtain information regarding its performance on other contracts, agreements or other business arrangements, its business reputation, and any other matter pertinent to evaluation and the selection of a successful Contractor in response to Request for Bid (RFB). The Contractor acknowledges that it may not agree with the information and opinions given by such person or entity in response to a reference request. The Contractor acknowledges that the information and opinions given by such person or entity may hurt its chances to receive contract awards from the State or may otherwise hurt its reputation or operations. The Contractor is willing to take that risk. The Contractor hereby releases, acquits and forever discharges the State of Iowa, the Agency, their officers, directors, employees and agents from any and all liability whatsoever, including all claims, demands and causes of action of every nature and kind affecting the undersigned that it may have or ever claim to have relating to information, data, opinions, and references obtained by the Agency or the Evaluation Committee in the evaluation and selection of a successful Contractor in response to the RFB. The Contractor authorizes representatives of the Agency or the Evaluation Committee to contact any and all of the persons, entities, and references which are, directly or indirectly, listed, submitted, or referenced in the Contractor's Bid submitted in response to RFB. The Contractor further authorizes any and all persons and entities to provide information, data, and opinions with regard to its performance under any contract, agreement, or other business arrangement, its ability to perform, business reputation, and any other matter pertinent to the evaluation of the Contractor’s Bid. The Contractor hereby releases, acquits and forever discharges any such person or entity and their officers, directors, employees and agents from any and all liability whatsoever, including all claims, demands and causes of action of every nature and kind affecting the Contractor that it may have or ever claim to have relating to information, data, opinions, and references supplied to the Agency or the Evaluation Committee in the evaluation and selection of a successful Contractor in response to RFB. Indicate agreement by checking the box. 3 RFB Firm Bid Period The Contractor’s Bid will remain firm 120 days following the deadline for submitting Bids. ____________________ (Required) Indicate agreement by checking the box. RFB1114005002 - Page 4 of 14 4 RFB Specifications and Technical Requirements Bid Requirements All items listed in this Section are Bid Requirements. A successful Contractor must be able to satisfy all these requirements to be deemed a Responsible Contractor. Contractors must mark either “yes” or “no” to each requirement in their Bids. By indicating “yes”, a Contractor agrees that it shall comply with that requirement throughout the full term of the Resulting Contract, if the Contractor is successful. In addition, for specific requirements, the Contractor shall provide specific references and/or supportive information to verify the Contractor’s compliance with the requirement. Failure to provide this information may cause the Bid to be deemed non-responsive and therefore rejected. The Agency reserves the right to determine whether the supportive information submitted by the Contractor demonstrates the Contractor will be able to comply with the Bid Requirements. If the Agency determines the supportive information does not demonstrate the Contractor will be able to comply with the Bid Requirements, the Agency may disqualify the Bid. ____________________ (Required) Bid Specifications A. Minimum Experience Contractor must have been in business for a minimum of three years providing background screening services on a nationwide basis, and must demonstrate that they have specific public sector experience. B. Licensing Requirements Contractor must be in full compliance with the Fair Credit Reporting Act (FCRA). Research staff must have and maintain credentials and/or licenses required by FCRA. C. Good Standing The Contractor must be in good standing with trade associations, certification boards, or other regulatory agencies. Provide current license and certifications. Provide information regarding on-going or past bankruptcies or reorganizations within the last five (5) years with your proposal submission. D. Insurance Requirement The Contract will require the successful Contractor to maintain insurance coverage(s) of the type and in the minimum amounts set forth below. Contractor shall, at its sole expense, maintain in full force and effect, with insurance companies admitted to do business in the State of Iowa and acceptable to the Agency, insurance covering its work of the type and in amounts required by this Contract. Contractor’s insurance shall, among other things, insure against any loss or damage resulting from or related to Contractor’s performance of this Contract regardless of the date the claim is filed or expiration of the policy. All insurance policies required by this Contract shall: (i) be subject to the approval of the Agency; (ii) remain in full force and effect for the entire term of this Contract; and (iii) not be canceled, reduced or changed without the Agency’s prior written consent. The State of Iowa and the Agency shall be named as additional insured on all such policies, and all such policies shall include the following endorsement: “It is hereby agreed and understood that the State of Iowa and the Iowa Department of Administrative Services are named as additional insured, and that the coverage RFB1114005002 - Page 5 of 14 afforded to the State of Iowa and the Iowa Department of Administrative Services under this policy shall be primary insurance. If the State of Iowa or the Iowa Department of Administrative Services has other insurance which is applicable to a loss, such other insurance shall be on an excess, secondary or contingent basis. The amount of the insurer’s liability under this policy shall not be reduced by the existence of such other insurance.” Unless otherwise requested by the Agency, Contractor shall cause to be issued insurance policies with the coverage set forth below: Type of Insurance General Liability (including contractual liability) written on an occurrence basis: General Aggregate - $2 Million Comp/Op Aggregate - $1 Million Personal Injury - $1 Million Each Occurence - $1 Million Automobile Liability (including contractual liability) written on an occurrence basis: Combined single limit $1 Million Excess Liability, umbrella form: Each Occurrence Aggregate - $1 Million Errors and Omissions Insurance: Each Occurrence - $1 Million Property Damage: Each Occurrence Aggregate - $1 Million Workers Compensation and Employer Liability: As Required by Iowa law Claims Provision All insurance policies required by this Contract must provide coverage on an “occurrence basis” for all claims arising from activities occurring during the term of the policy regardless of the date the claim is filed or expiration of the policy. Certificates of Coverage At the time of execution of this Contract, Contractor shall deliver to the Agency certificates of insurance certifying the types and the amounts of coverage, certifying that said insurance is in force before the Contractor starts work, certifying that said insurance applies to, among other things, the work, activities, products and liability of the Contractor related to this Contract, certifying that the State of Iowa and the Iowa Department of Administrative Services are named as additional insured on the policies of insurance by endorsement as required herein, and certifying that no cancellation or modification of the insurance will be made without at least thirty (30) days prior written notice to the Agency. All certificates of insurance shall be subject to approval by the Agency. The Contractor shall simultaneously with the delivery of the certificates deliver to the Agency one duplicate original of each insurance policy. Liability of Contractor Acceptance of the insurance certificates by the Agency shall not act to relieve Contractor of any obligation under this Contract. It shall be the responsibility of Contractor to keep the respective insurance policies and coverage RFB1114005002 - Page 6 of 14 current and in force during the life of this Contract. Contractor shall be responsible for all premiums, deductibles and for any inadequacy, absence or limitation of coverage, and the Contractor shall have no claim or other recourse against the State or the Agency for any costs or loss attributable to any of the foregoing, all of which shall be borne solely by the Contractor. Notwithstanding any other provision of this Contract, Contractor shall be fully responsible and liable for meeting and fulfilling all of its obligations under Section 6 of this Contract. Waiver of Subrogation Rights Contractor shall obtain a waiver of any subrogation rights that any of its insurance carriers might have against the Agency or the State. The waiver of subrogation rights shall be indicated on the certificates of insurance coverage supplied to the Agency. Filing of Claims In the event either the Agency or the State suffers a loss and is unable to file a claim under any policy of insurance required under this Contract, the Contractor shall, at the Agency’s request, immediately file a proper claim under such policy. Contractor will provide the Agency with proof of filing of any such claim and keep the Agency fully informed about the status of the claim. In addition, Contractor agrees to use its best efforts to pursue any such claim, to provide information and documentation requested by any insurer providing insurance required hereunder and to cooperate with the Agency and the State. Contractor shall pay to the Agency and the State any insurance proceeds or payments it receives in connection with any such claim immediately upon Contractor’s receipt of such proceeds or payments. Proceeds In the event the Agency or the State suffers a loss that may be covered under any of the insurance policies required under Section 6, neither the Contractor nor any subsidiary or affiliate thereof shall have any right to receive or recover any payments or proceeds that may be made or payable under such policies until the Agency and/or the State have fully recovered any losses, damages or expenses sustained or incurred by it (subject to applicable policy limits), and Contractor hereby assigns to the Agency and the State all of its rights in and to any and all payments and proceeds that may be made or payable under each policy of insurance required under this Contract. E. Customer Service The Contractor shall provide a website that includes, but is not limited to, services, online ordering, and payment capability. The Contractor shall provide a dedicated customer service representative(s). The representative shall be available to respond to all end user inquiries within one business day. The representative shall be available to resolve any customer service issues. The representative shall be responsible to conduct and/or coordinate training sessions and product demonstrations if required. F. Training The Contractor will provide on-site training on the access and use of their online services at no additional costs to the State or User Agencies for new and existing employees. RFB1114005002 - Page 7 of 14 G. Technology and Response Time The Contractor will provide an online system which will be used to place orders for the various background check reports. Personal Credit Check reports will have an instant response time. All other background checks will have an instant to 48 hour response time. H. Retention Schedule All records that document the provision of a record to a State of Iowa Agency (not the actual background check record itself) must be maintained by the Contractor and available in electronic format for access by the State, at no additional charge, for a period of four (4) years from the provision of the record for purposes of auditing performance and payment. I. Multi-Accounts Within a Participating Entity There will be several departments utilizing the services provided by Contractor(s). Therefore, Contractor(s) must be able to process separate individual accounts and unique users within one participating entity. J. Monthly Service and Set-up Fees The State of Iowa will not pay a setup fee or monthly service fee to use your services. K. Services The services listed as line items in this request for bid are not intended to be all-inclusive. The State of Iowa may request other similar services not included in the contract. As the industry changes, the State of Iowa reserves the right to change or add services. Fees for these additional services are to be priced consistent with the pricing structure established in the contract. These additional services will be negotiated and added to the contract. L. Payment Types Contractor must be set-up to accept mailed and electronic payments/P-Cards. State of Iowa Purchasing Card Security Guidelines for Suppliers When at all feasible, the State of Iowa’s Purchasing Card Program is the preferred method of payment to suppliers. To protect cardholder and account data, suppliers who accept payment by credit card are expected to take the following security measures when accepting a State Pcard (VISA credit card issued by US Bank. • comply with Payment Card Industry Data Security Standard (PCI DSS) to assure confidential card information is not compromised • adhere to Fair and Accurate Credit Transactions Act requirements that limit the amount of consumer and account information shared for greater security protection • never write down card numbers or store card information when accepting orders by phone; the transaction should be processed during the call, and itemized receipts (excluding card numbers) should be faxed, emailed or mailed to the cardholder with delivery • confirm that the name of purchaser matches the name on the card • ensure Internet orders are made via secure websites, featuring Verisign, TRUSTe, BBBOnline, or “https” in the RFB1114005002 - Page 8 of 14 web address. • shred any documentation with credit card numbers M. Usage Reporting Requirement All Contractors will be required to provide quarterly usage reports to the Contract Manager. Initiation and submission of the quarterly reports are to be the responsibility of the Contractor without prompting or notification by the Contract manager. Quarterly reports must coincide with the quarters in the fiscal year as outlined below: Quarter #1: July 1 through September 30, due annually by October 30. Quarter #2: October 1 through December 31, due annually by January 30. Quarter #3: January 1 through March 31, due annually by April 30. Quarter #4: April 1 through June 30, due annually by July 30. Contractor shall identify below the person responsible for providing the mandatory usage reports: (This information must be kept current during the contract period) NAME: MAILING ADDRESS: TELEPHONE #: FAX NUMBER: EMAIL ADDRESS: Specific report content scope and format requirements will be provided to the successful Contractor during contract signing. Failure to comply with this requirement may result in contract cancellation. _____________________________________________________________________ Please enter the required information in the text box or attach a document with the required information. RFB1114005002 - Page 9 of 14 5 RFB Service Terms and Conditions The parties agree to comply with the terms and conditions ____________________ (Required) on the following web site which are by this reference made a part of the Agreement. General Terms and Conditions for service contracts are posted at: http://das.gse.iowa.gov/terms_services.pdf Contract Terms and Conditions The Contract(s) that the Agency expects to award as a result of this RFB will be based upon the final Bid submitted by the successful Contractor and the RFB. The contract between the Agency and the successful Contractor shall be a combination of the specifications, terms and conditions of the RFB, the contract terms and conditions contained at the web-address indicated in the RFB Terms and Conditions above, the offer of the Contractor contained in the final Bid submitted by the Contractor, written clarifications or changes made in accordance with the provisions of the RFB, and any other terms deemed necessary by the Agency, except that no objection or amendment by a Contractor to the provisions or terms and conditions of the RFB shall be incorporated into the Contract unless the Agency has explicitly accepted the Contractor’s objection or amendment in writing. The contract terms and conditions contained at the web-address indicated in the RFB Terms and Conditions above will be incorporated into the Contract. The contract terms and conditions may be supplemented at the time of Contract execution and are provided to enable Contractors to better evaluate the costs associated with the RFB requirements and the Contract. Contractors should plan on the contract terms and conditions contained at the web-address indicated on the Terms and Conditions above being included in any contract awarded as a result of this RFB. All costs associated with complying with these requirements should be included in any pricing quoted by the Contractor. By submitting a Bid, each Contractor acknowledges its acceptance of the RFB terms and conditions without change except as otherwise expressly stated in the text box. If a Contractor takes exception to a provision, it must state the reason for the exception and the specific contract language it proposes to include in place of the provision. Exceptions that materially change these terms or the requirements of the RFB may be deemed non-responsive by the State, in its sole discretion, resulting in possible disqualification of the Bid. The Agency reserves the right to either award a Contract(s) without further negotiation with the successful Contractor or to negotiate contract terms with the selected Contractor if the best interests of the Agency would be served. Indicate agreement in the text box or state the reason for the exception and set forth the specific RFB terms and conditions, Contractor proposes to include in place of the provision. RFB1114005002 - Page 10 of 14 6 RFB Background Information Contract Term (No Response Required) The initial term of the contract will be one year. The Agency shall have the sole option to renew the contract upon the same or more favorable terms and conditions for up to five (5) annual extensions. The resulting contract will be available to all State Agencies and Political Subdivisions. The contract has had an annual spend of approximately $24,000. 7 Supplier Instructions Prior to entering line item pricing, please review and respond, as required to the Attributes listed below. You will be asked to respond by checking the box for agreement, entering your answer in the text box or by adding an attachment. To add an attachment, go to the section ‘Response Attachments’ after the Attributes and Bid Messages sections. Click on *New and you will be asked to browse for your document. You are required to give the document a title. (No Response Required) If this Bid contains multiple pages, you can move from page to page by clicking on the arrow on the right side of the bar that appears at the bottom of the Line Item section. Bids MUST be submitted electronically through DASeBid. Bids submitted by any other means will not be accepted. 8 RFB Vendor Background Information Address The Contractor shall provide the following general background information: ____________________ (Required) Name, address, telephone number, fax number and e-mail address of the Contractor including all d/b/a’s or assumed names or other operating names of the Contractor and any local addresses and phone numbers. ____________________________________________________________________ Identification and specification of the location(s) and telephone numbers of the major offices and other facilities that relate to the Contractor’s performance under the terms of this RFB if applicable. ____________________________________________________________________ Name, e-mail address, address and telephone number of the Contractor’s representative to contact regarding all contractual and technical matters concerning this Bid. ____________________________________________________________________ Name, e-mail address, address and telephone number of the Contractor’s representative(s) who will be assigned as the customer representative if a contract is awarded. ____________________________________________________________________ Please enter the required information in the text box or attach a document with the required information. RFB1114005002 - Page 11 of 14 9 RFB Vendor Background Information Registration The successful Contractor will be required to register to do ____________________ (Required) business in Iowa before payment can be made. For vendor registration documents, go to: http://das.gse.iowa.gov/procurement/vendor_reg.html 10 RFB Vendor Background Information Experience The Contractor must provide the following information regarding its experience: Number of years in business ____________________ (Required) ___________________________________________________________________ Number of years experience with providing the types of goods and/or services sought by the RFB. ___________________________________________________________________ Describe the level of technical experience in providing the Types of goods and/or services sought by the RFB. ___________________________________________________________________ List all goods and/or services similar to those sought by this RFB that the Contractor has provided to other businesses or governmental entities. ____________________________________________________________________ Please enter the required information in the text box or attach a document with the required information. 11 RFB Preference The Contractor shall provide the following general background information: For an out-of-state Bidder, Bidder certifies the Resident Preference given by the State or Foreign Country of Bidder’s residence. Enter the resident preference in the text box or indicate no preference. ____________________ (Required) 12 Vendor Background Information - Reference The Contractor shall provide the following general background information: References from three (3) previous customers or clients knowledgeable of the Contractor’s performance in providing goods and/or services similar to the goods and/or services described in this RFP and a contact person and telephone number for each reference. ____________________ (Required) Please enter the required information in the text box or attach a document with the required information. RFB1114005002 - Page 12 of 14 13 Vendor Background Information - Termination Terminations, Litigation, Debarment The Contractor must provide the following information: ____________________ (Required) During the last five (5) years, has the Contractor had a contract for goods and/or services terminated for any reason? If so, provide full details related to the termination. ____________________________________________________________________ During the last five (5) years, describe any damages or penalties or settlements to resolve disputes entered into by Contractor under any of its existing or past contracts as it relates to goods and/or services performed that are similar to the goods and/or services contemplated by this RFP. If so, indicate the reason for the penalty or exchange of property, goods, or services and the estimated amount of the cost of that incident to the Contractor. ____________________________________________________________________ During the last five (5) years, describe any order, judgment or decree of any Federal or State authority barring, suspending or otherwise limiting the right of the Contractor to engage in any business, practice or activity. ___________________________________________________________________ During the last five (5) years, list and summarize all litigation or threatened litigation, administrative or regulatory proceedings, or similar matters to which the Contractor or its officers have been a party. ____________________________________________________________________ The Contractor must also state whether it or any owners, officers, or primary partners have ever been convicted of a felony. Failure to disclose these matters may result in rejection of the Proposal or termination of any subsequent Contract. This is a continuing disclosure requirement. Any such matter commencing after submission of a Proposal, and with respect to the successful Contractor after the execution of a Contract, must be disclosed in a timely manner in a written statement to the Agency. ____________________________________________________________________ Please enter the required information in the text box or attach a document with the required information. 14 Attachment Tab I have read all of the attachments on the attachment tab that are by this reference included in this bid? ____________________ (Required) RFB1114005002 - Page 13 of 14 Line Items # Qty UOM Description Response 1 1 EA Online Personal Credit Reporting Service for Employment Purposes Only. The consumer credit report shall include but not be limited to the following list of requirements: Identification $___________ information such as name, date of birth and Social Security number, employment history, past residences, credit account trade lines, credit inquiries, collection information, and public record information such as bankruptcies, foreclosures, suits, wage attachments, liens and judgments. Supplier Notes: 2 1 EA Online Education Verification Service $___________ Supplier Notes: 3 1 EA Online Employment History and Verifications $___________ Supplier Notes: 4 1 EA Online Professional License Verification Service $___________ Supplier Notes: 5 1 EA Online County Civil Record Searches $___________ Supplier Notes: 6 1 EA Additional Rush Charge $___________ Supplier Notes: 7 1 EA Charge for Unsuccessful Search or Contact $___________ Supplier Notes: RFB1114005002 - Page 14 of 14