SECTION IV SCOPE OF WORK CHEROKEE NATION BUSINESSES RFP MERCHANT SERVICES

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1 SECTION IV SCOPE OF WORK CHEROKEE NATION BUSINESSES RFP MERCHANT SERVICES 1. INTRODUCTION Cherokee Nation Businesses, L.L.C. ( CNB ), a wholly-owned tribal corporation of the Cherokee Nation and its subsidiaries and affiliates are requesting proposals for Merchant Services for our businesses. Cherokee Nation is the second largest Indian Tribe. Cherokee Nation Businesses own businesses in the gaming industry through Cherokee Nation Entertainment ( CNE ). CNE operates eight casinos, a horse racing facility with electronic gaming machines, two retail smoke shop facilities that include electronic gaming machines and other retail facilities including, a travel plaza, convenience stores and gift shops. CNE s gaming and entertainment operations include food and beverage venues, two hotels and two Inns, live entertainment venues and two golf courses. CNE operates casinos in the following Oklahoma locations: Hard Rock Hotel and Casino Catoosa Fort Gibson Roland Ramona Sallisaw Tahlequah West Siloam Springs Claremore CNB also owns two Health care Services and six Technology companies. CNB is a member of the National Association of Convenience Stores The purpose of this Contract is to combine all business units under one Merchant Service agreement. This request for Proposal (RFP) details our goals and services required. Through this contract CNB intends to obtain the highest level of service for each if its businesses regardless of their size or location, to minimize costs and to improve operational efficiencies. Also, we are interested in utilizing the best and most current technologies. Section VIII Scope of Work Page 1 of 10

2 2. TIMELINE CONFERENCE CALL TO BE HELD ON FEBRUARY 22, 2012 AT 9:00am CST. Dial in Number Meeting URL: Dial in from your phone or video endpoint: Meeting ID: 4264 Internal 7815 or Local or Toll Free All proposals should be fedex or hand delivered to Peggy Zuber in a sealed envelope with Bid Number and Company name to 420 s. 145 th E. Ave. Tulsa, OK by March 14, to be received no later than 5:00PM CST. Please also insure when returning the bid to fill out Section VI Business Relationship AFF and VII Non-Collusion. Non-Disclosure Agreements must be signed and ed back to me at peggy.zuber@cnent.com before questions will be answered. Please see section VIII.. For any questions, please Peggy Zuber at peggy.zuber@cnent.com no later than February 24, :00 p.m. CST. Responses to your questions will go out on March 7, PROCESSING Authorization Settlement 1. Describe the authorization method you recommend for our company. List and describe alternatives. 2. What are the procedures to reverse an incorrect authorization? 3. Do you have the ability to process internationally? What currencies can you authorize and settle in? 4. Does software flag transactions that have been authorized, but not settled (not captured in batch for whatever the reason may be)? Section VIII Scope of Work Page 2 of 10

3 Billing 5. Can gross settlements be credited to the bank account daily? 6. Provide a funds availability schedule by card type. What factors will you consider in order to provide a more favorable schedule? 7. What are the settlement transmission time frames for Visa, MasterCard, Discover and American Express? 8. What is the latest time that sales transactions can be transmitted to meet these settlement times? 9. How do the settlement times affect our processing/discount expense? 10. Is Settlement made by ACH or Fedwire? What factors determine Fedwire settlement? 11. Do you routinely support multiple settlement accounts? 12. Are settlement amounts listed separately on the bank statement or will they appear as one lump sum (meaning one amount for Visa, MasterCard and Discover, one amount for American Express)? Will Saturday and Sunday activity be combined into Monday activity? 13. Will the discount fee settlement be in gross or net? What is the frequency of fee settlement-daily, weekly or monthly? 14. Billing- What is billing cycle? Are fees invoiced separately? Ticket Retrieval and Chargeback s 15. Describe the ticket retrieval request process and turnaround time. 16. What response times do you require for ticket retrieval? How do these time frames compare to your Association rules? 17. What percentage of chargeback s is handled without merchant involvement? 18. How often are chargeback s reversed? 19. Will you provide a designated contact person or a department to help us manage chargeback s? 20. Are credit card chargeback s and other debit adjustments netted from daily proceeds, or are they debited separately? Are funds debited from the operating account or a separate escrow account? 21. Do you have the capability to store and retrieve transaction information, including signatures for bank card transactions and non-bank card transactions? If so, do you have a system that enables the merchant to retrieve and receive this information online? General Card Processing Section VIII Scope of Work Page 3 of 10

4 22. Do you support BIN (Bank Information Number) file management to differentiate between debit card and credit card transactions? 23. Describe your debit card processing capabilities. Which networks can you use to support both pin-based and signature-based transactions? 24. Please describe how you would support a program for lowest cost routing for debit cards. 25. Can you process online/pin less debit transactions? 26. What process do you use to ensure that transactions qualify for the lowest interchange category? Do you provide an annual review of account activity to help your customers identify opportunities to improve qualification rates? 27. Describe the dispute process and procedures for both cardholders and merchants. 28. Does your processing system identify and eliminate duplicate transactions? 29. What are the procedures to correct duplicate transactions? 30. Do you provide Address Verification Service? 31. Do you support CVV2 (Card Verification Value 2? 32. Is data imaging (e.g. signature capture) available? If so, describe your capabilities. 33. Is your company able to process smart card (or mobile NFC) transactions? If so, describe. 34. Do you provide fraud-management training or awareness programs? 35. Are there limitations on the number of transactions: a. Contained in a batch? b. Processed daily? 36. Are there limitations on the number of files transmitted each day? 37. Does your solution have the ability to securely store account information within your environment for a certain period of days? Please specify the maximum time period. Please provide examples of account information including: name, address information, payment type, account information, and any other pertinent data. 38. What is the average number of transactions currently processed daily? What is the greatest number of transactions processed in an hour? How does that compare to your current capacity? 39. How do our peak periods compare to your system-wide peak periods? 40. At what point would you need to extend your capacity and what resources would be required to do that? PCI DSS Compliance 41. Describe how the solution can support the requirement to support end-to-end traceability of a transaction, regardless of the number of vendor partners involved. Describe the security measures used to prevent unauthorized user access to either the system or the data. Section VIII Scope of Work Page 4 of 10

5 42. Is your organization, including all subcontractors and third party processors in compliance with all applicable PCI DSS standards? Have you been certified as compliant by a Third Party assessor? 43. Please provide the appropriate documentation of PCI DSS compliance for all involved parties. Please provide an SAS70 Type I or II for your processing application, an opinion from your auditor, or a comparable report (SSAE No. 16). Also include the Attestation of Compliance from all of your partners in delivering this service to us. 44. Identify your PCI DSS support structure, including the compliance team, their backgrounds and professional certifications. How does your organization support your merchants PCI DSS compliance efforts? 45. What resources are available to us for assistance with PCI DSS compliance? Who is the customer contact for PCI DSS compliance the company can refer to for questions? 46. What percentage of your clients are PCI DSS compliant at each volume level? 47. How do you support clients who have experienced a PCI DSS violation? Provide examples. 48. If you provide any online merchant portal services for transaction initiation, or for other reporting activities, please provide the PCI DSS compliance status of each portal service, as well as any third-party assessment of the portal. 49. What technologies or other services do you recommend your clients adopt to minimize the compliance burden imposed by PCI DSS? 4. TECHNICAL CAPABILITIES System Capabilities 1. Describe the various processing solutions available for the different card acceptance environments described above in our business overview. Provide system specifications, if appropriate. 2. Is your processing software CPS (Custom Payment Service) compliant? 3. Does your processing software support Purchasing Card Levels II and III? 4. What is your process for handling test transactions? Do you provide test cards and if so, please identify what types. 5. If other sensitive information is collected describe how your proposed solution addresses the encryption of the data. 6. Does system use processing gateway. If so, which ones? 7. Describe all POS systems compatible with. 8. Describe the IT infrastructure of your system. Communication Options Section VIII Scope of Work Page 5 of 10

6 9. What authorization methods do you support and which do you recommend for each processing channel (e.g. dial, mainframe dial (remote job entry), lease line, frame relay, Internet, etc)? 10. List any processor-specific hardware needed to support these options. 11. What equipment do you recommend we obtain for processing? Do you provide this equipment for lease/sale? Provide pricing details. What is your maintenance and/or replacement policy for this equipment? Will you make available an equipment conversion fund to replace our existing terminals and or processing equipment? 12. Describe the network monitoring system and operation. Transmission Files 13. Describe your recommended, transmission method for each processing channel (e.g., dial, lease line, batch, real-time, Internet, etc.) 14. Describe the monitoring and notification process if a transmission fails. Authorization Response Times Security 15. Provide your average response times for dial and lease-line authorization methods during both peak and normal periods. 16. Outline the security measures in place for the protection of data transmitted for processing. 17. Describe the security measures used to prevent unauthorized user access to either the system or the data. If Applicable, please indicate if there has ever been a compromise to any credit card systems or applications through a security breach. Detail the process the bank took to notify customers, the steps taken to protect customer s data and the safeguards put in place to prevent it in the future. 18. Describe the security measures used to protect Internet transactions. Disaster Recovery 19. Describe your local backup and/or redundant systems, including dependencies on local telecom and other utility infrastructure, as well as any high profile landmarks or facilitates. 20. Describe your hot-site backup capabilities in the event of a complete site failure. How often are they tested? 21. Describe the last time that the use of your backup system was required, the circumstances and the length of time the backup systems was in use. Section VIII Scope of Work Page 6 of 10

7 22. What is the expected time frame for becoming operational should a catastrophic event occur? 23. Compare the mean time to repair and network response times for your primary and backup systems. 24. Describe your procedures for communicating alternative processing procedures during processing problems and disasters to clients. Up-Time Percentage 25. What are established service levels for system availability? 26. Provide system availability statistics for the current and prior year. 27. Over the past year, what was the longest period that you were unable to authorize transactions? Describe the situation, including the source of the problem and the time it took to fix said problem. E-Commerce and Online Payment Processing 28. Please describe your approach to online payments. What resources, educational and otherwise, can you provide to merchants? Do you have processing relationships with gateway processors? 29. What is your approach and philosophy towards new and emerging payments (mobile payments, pay-by phone, tokens, etc.)? Please list any types of emerging payments that you are working with your customers to implement. What resources can you provide to merchants that are considering adopting new and emerging forms of payment? Information Reporting 30. Describe the daily and/or monthly reconciliation reports available to the merchant. A. Provide samples of standard reports, to include details and summary reports. B. What is the standard delivery time frame? C. What delivery methods are available (e.g., mail, , fax)? 31. Are reports or other information available via the Internet, PC access or other online method? 32. Describe other reports available to the merchant. If a merchant needs reports from a previous period, or a specific time frame, are they readily available? How long is reporting data stored in your system? 33. Describe how multiple merchant members are reported and the flexibility afforded the merchant for customizing the reports. Can the merchant roll up specific groups for reporting independent of others? Section VIII Scope of Work Page 7 of 10

8 34. Can reports be tailored to send specific sections-for example, report groups comprising a subset of merchant numbers-to different locations? Is there an additional cost for this service? 35. Is historical information regarding sales, refunds and chargeback s maintained in a database for access by the merchant? If so, what access method is available? For how many months may historical data be retrieved? Is this information accessible after termination or expiration of the contract? If not, is this information provided to CNB at the expiration or termination of the contract? 36. Can reports be tailored to specific financial accounting time schedules? 37. Describe ad hoc reporting capabilities and provide samples of these reports. 38. Describe the training available to new recipients of your reports. 39. Describe your solution s ability to track financial transactions (monies collected and monies disbursed) for each individual, creating an audit trail to be used by system administrators or supervisors. 40. Describe how the solution will provide the buyer with the capability to access transaction details on what transactions they sent to the bank, with a total that will tie to the bank statement total. The capability includes report details on what individual transactions make up the total sent to the bank by the leaner, payment type and date. 41. Does your solution have the ability to download reports (including, but not limited to CSV) from a vendor site (scheduled and ad hoc)? 42. Please provide a list of reporting capabilities that the solution supports. For example, can your solution provide the ability to report on unsuccessful transactions (NSF, decline, disputes) daily, other? 43. How does your solution feed settlement files into an ERP? 44. Does your recommended solution include a specific chargeback reporting option or service? 45. Do you have the capability to combine the daily merchant card receipts with a combined collections file (ACH, checks, Wires, Etc.) for import into our system? Implementation 46. Provide a copy of a sample contract. 47. Describe the merchant implementation process (i.e., steps in the process of bringing a merchant into production) and the normal time frame for implementation. 48. Describe the merchant training process with regards to: a. Initial new merchant training b. Ongoing training (e.g., courses offered, frequency, location, cost, etc.). c. Updates and dissemination of industry-related rule or regulatory changes. d. New product/system releases. 49. Does your organization publish a newsletter covering industry issues, rules, and regulations? How often is it distributed? Section VIII Scope of Work Page 8 of 10

9 50. Specify the persons, by name, function, title, in your organization that have primary responsibility for merchant implementation and training. 51. Please identify any certifications and credentials of the assigned implementation person or team. 52. How many other implementations will our implementation contact be assigned at any one time? 53. Do you have a documented implementation methodology? Please provide a description. 54. Can you provide experienced on-site implementation assistance? 55. Will you provide us with access to examples of other implementations of your product? 56. Describe your recommended approach and timeline for implementation. 57. What is the average, best case and worse case time to implement from the time the contract is signed until the system is fully operational-based on experience with your customer base? Discuss the variables we need to be aware of. 58. Can you make available an online demonstration of your information reporting system? Hardware Requirements 59. Describe Hardware needed, Hardware supported, etc. 5. CUSTOMER SERVICE AND QUALITY Customer Service 1. Explain the process for adding new locations and closing exiting locations (e.g., assignment of merchant ID s. toll-free phone numbers, communications, turnaround time to add/delete locations, etc.). 2. Describe the promotional support you provide (e.g., signs supplies, funds for specific purposes, advertising allowance, etc.) Is there any additional cost for this support? 3. Describe your customer service organizational structure. Is the customer service function performed in-house, or is it outsourced (and if so, where)? 4. Will a specific customer service representative be assigned to handle this business? If so, how many other customers will our customer service representative be assigned at any one time? Describe the responsibilities of the customer service approach and provide contacts, including the chain of command for problem resolution. 5. Do you hold regular meetings with customers to review the service? If so, describe the frequency and topics of discussion. 6. Describe any multilingual customer service support capabilities. 7. What are the hours of operation for the customer service unit? Specify time zone. 8. Are there established turnaround times for research items? If so, specify. Section VIII Scope of Work Page 9 of 10

10 9. What is your record for meeting established responses times? 10. Do you offer technical support for the software you provide? If so, provide the hours of operation and the different levels of support, as well as turnaround times, if applicable. 11. Does your organization host or sponsor focus groups, on-site training, user groups, etc.? If so, please provide examples. Quality 12. Do you have a formal quality-improvement program for card processing? If so, describe. 13. What key performance measures do you track? What is the reporting frequency and period of each measure? What are your last three performance levels for each measure? 14. What specific feedback and suggestions do you regularly provide to the merchant for improving quality (e.g., recommendations on ways to reduce certain types of chargeback s, system or process modifications, etc.)? 15. List any quality awards that has been received by your company. 6. PRICING 1. Provide a price schedule for the services described in the Request for Proposal, using standard AFP Service Codes, Include any one-time ore set up charges, research fees and all other fees that will or could be charged (e.g. interchange rates by location, regular and ad hoc reporting costs, etc.) Define and list transaction fees for authorization settlement, network, communication, and any other fees. Include pricing for any reserve/escrow accounts that will or might be required, including interest paid on the funds in reserve. 2. Are discount fees calculated on gross or net sales? 3. Provide the current Qualifications and Interchange Chart showing Interchange Category (i.e. Visa Commercial Card Electronic), Primary Qualifications (i.e. settled within 2 business days) and the rates. 4. Provide a pro forma analysis based on our indicated volumes and service requirements. 5. Provide the discount rate you are offering us. 6. Provide the assessment rate you are offering us, if applicable. 7. Can customers order charge slips, signs imprinters and other supplies through you or directly from a vendor? How are they handled? What are the costs? 8. How and when is the customer notified of price adjustments? 7. NUMBER OF COPIES Please provide four (4) copies of your RFP response. Section VIII Scope of Work Page 10 of 10

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