Tulsa Community College

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1 Tulsa Community College Request for Proposal For Merchant Credit Card Services Project #: RFP BC RFP Issue Date: February 13, 2015 Proposal Due Date/Time: February 27, :00 PM CST Submit Proposals to: Tulsa Community College Attn: Bill Creech 6111 East Skelly Drive, Suite 511 Tulsa, OK

2 Request for Proposal RFP BC Merchant Credit Card Services 1) Notice: Notice is hereby given that Tulsa Community College is requesting a sealed response to this Request for Proposal (RFP) from qualified firms for PCI compliant merchant credit card Services for the College. Pricing information provided through public submission will be considered by TCC. Materials submitted should be confined to Merchant Credit Card Services, pricing and transaction fees. 2) Preparation of Proposals: Proposers who submit a proposal in response to this RFP are required to submit the following documents: (a) (b) (c) Appendix A Competitive Bid Affidavit. This document must be signed and notarized, if not, the proposal will not be accepted. The person signing the proposal must have authority to submit the proposal on behalf of their firm. Appendix B Acknowledgment of Receipt of Addenda. If any addendums are issued prior to the opening date, all proposals should include a signed acknowledgement form to indicate their awareness and acceptance of revised specifications. Appendix C Cost Proposal. Any response submitted without a cost proposal will cause the proposal to be rejected. The person signing the cost proposal bid must have authority to submit the proposal on behalf of their firm. 3) Calculation of Project Cost Proposal Unit Prices: The cost proposal should document all fees, minimum monthly charges, transaction charges, etc. for the services to be provided. TCC will not be charged, billed, or invoiced for any other charges not documented by the Proposer. 4) Proprietary Data: If a proposal includes any proprietary data or information that the respondent does not want disclosed to the public, such data or information must be specifically identified by the responding vendor. Proprietary information will be used by the College for the purposes of evaluating the vendor s proposal. 5) Value Incentive: The Contractor may have ideas for bringing about savings to TCC through improved procedures, equipment and/or supplies. The Proposer may propose a provision to the subsequent contract setting forth any shared savings financial agreement. 6) Deadline for Response: One (1) hardcopy of the response must be received by Tulsa Community College on or before 2:00 PM CST, Friday, February 27, 2015, at the following address: Page 2

3 Tulsa Community College Purchasing Department Attn: Bill Creech 6111 E. Skelly Drive, Suite 511 Tulsa, OK Responses should be sealed in an envelope or box and identified on the outside as follows: RFP BC. RFP responses must be fully executed and notarized. Fax proposals will not be accepted. Late responses will not be accepted and shall be returned to the submitting company unopened. 7) Signature and Affidavit Requirements: The RFP response must be signed by an authorized official or agent of the bidding firm and all affidavits be fully executed and/or notarized as required before the proposal can be considered. If the affidavit noted as Appendix A is not fully executed and notarized, the response will be invalid. Submission of a fully-executed Appendix B requires signature and date. 8) Point of Contact: The College s point of contact for this solicitation will be Bill Creech at phone (918) , fax (918) , or bill.creech@tulsacc.edu. All questions concerning the language of this RFP should only be addressed in writing to the College s point of contact. Technical questions related to project specifics may be addressed to Mark McMullen, Controller at or mark.mcmullen@tulsacc.edu. 9) Awarding of Contract: After the proposals have been reviewed and evaluated, College representatives may contact company representatives. The award of the contract(s) will be subject to approval by the TCC Board of Regents. Award of the Contract or rejection of all proposals is scheduled on or about for March 12, Services can be scheduled after that date as appropriate for an estimated start date of April 1, TCC reserves the right, at its sole discretion, to award or reject a proposal for any reason or modify this date. 10) College s Right to Reject and Modify: Tulsa Community College reserves the right to reject or negotiate at its sole discretion, any and all proposals resulting from this request for proposals. The College reserves the right to reject, as non-responsive, any response that does not contain the information requested in this RFP. TCC also reserves the right to waive any irregularities, errors or omissions in the RFP or responses received. TCC reserves the right to purchase any or all items bid by vendor 11) No Reimbursement: The College will not reimburse a vendor or other firm for the cost of preparing a response to the solicitation. 12) Calendar of Events: Date February 13, 2015 February 27,2015 Activity RFP Issue Date Proposal Due Date Page 3

4 February 27, 2015 March 12, 2015 April 1, 2015 Opening Date for Proposals Estimated Award of Contract Estimated Start Date of Contract Page 4

5 Section 1 Scope of Services 1.1 Overview The College processes approximately $20,000,000 credit/debit card transactions per year at multiple locations across four campuses, and currently accepts Visa, MasterCard, and Discover. Payments are currently received on 11 First Data FD130, 14 Verifone MX915, 3 Ingenico ISC250, and 9 Ingenico I6650 terminals, which are owned by the College. All 12 of the Ingenico terminals are located in Bursar offices and connected to a TouchNet 3 rd party cashiering system. The Bursar offices also receives online payments through the TouchNet system. Additionally, our Continuing Education department processes online payments through a USAePay system. 1.2 Payment Card Industry Data Security Standards (PCI DSS) The vendor will be responsible for safeguarding all stored data, particularly files that contain cardholder information, so as to be compliant with all state and federal laws and regulations, and in the case of Credit Cards, individual card brand requirements. Contractor must be compliant with Payment Card Industry Data Security Standards (PCI DSS) and must be able to show proof of such certification in accordance with the policies, standards and guidelines. 1.3 Confidentiality The vendor may have access to private or confidential data maintained by the College to the extent necessary to carry out its responsibilities under this contract. To the extent the vendor possesses records of the College, the vendor must comply with the Oklahoma Open Records Act, as directed by the College. No private or confidential data collected, maintained or used in the course of performance of this contract shall be disseminated by the vendor except as required by federal or State laws and regulations, either during the period of the contract or thereafter. The vendor must agree to return any and all data furnished by the College promptly at the request of the College in whatever form it is maintained by the Contractor. On the termination or expiration of this contract, the vendor will not use any such data or any material derived from the data for any purpose and where so instructed by the College, will destroy or render it unreadable. 1.4 Reporting The vendor will provide real-time online reporting to retrieve all reports used by the College to manage the overall bank card acceptance program. These reports shall provide the College with: a. Aggregate transaction information for each merchant ID b. Daily settlement totals by merchant ID and chain code c. Chargeback information d. Daily transaction detail by merchant ID and chain code e. Summary of transactions f. Settlement information g. Interchange qualification summary h. Funding information Page 5

6 i. Refunds or adjustments due to the College j. Discount fee charges per transaction k. Interchange fee charges per transaction. Page 6

7 Section 2 General Terms and Conditions 2.0 Overview: The terms and conditions as listed below will govern in the submission and evaluation of offers and assist in the awarding of a contract. Bidders are requested to carefully review all terms and conditions before submitting a proposal. 2.1 Contract Status: The response to this RFP will be considered as an offer to contract. Final negotiations on the highest evaluated offer will be conducted to resolve any minor differences and informalities. After final negotiations, the College shall issue the award. * The College reserves the right to award as a Multiple Award Contract as defined in Attorney General Opinion No , dated July 31, Agreements may be established with all responsive bidders meeting all Specifications and offering acceptable rates. The College reserves the right to award base proposal and options in and of their own to the lowest and best bidder(s). 2.2 Contract Modification: After award and signing of a contract, the TCC Purchasing Department must approve any and all changes/notifications in writing All notices, required, permitted or given pursuant to the Agreement shall be in writing and shall be considered as properly given or made when personally delivered or when received through the United States mail, first class, postage prepaid, by the party to whom notice is intended to be given This document and acceptance of your response thereto, will constitute the entire agreement between the parties. No waiver, modification, or amendment to this document shall be valid unless made in writing and signed by both parties Anything in the agreement to the contrary notwithstanding, the parties may at any time amend the terms of the Agreement by mutual written agreement. Any such agreement that will change the terms of the Agreement in any way shall be valid only if the change is made in writing and approved by mutual agreement of authorized representatives of both parties. 2.3 Contract Assignment or Sub-Contract: The resulting contract shall not be assigned, transferred, or subject in whole or in part without prior written approval of the College The services to be provided by the Agency are personal to the College and the agency shall not, without the College s prior written consent, Page 7

8 assign or subcontract its rights, duties, or obligations under the agreement, in whole or in part, regardless of whether such assignment or subcontract is by voluntary act, involuntary act, by operation of law or otherwise. Any attempted assignment not in conformity with this paragraph shall be null and void. 2.4 RFP Status and Submission Information: 2.41 RFP Acceptance/Rejection: The College reserves the right to reject any or all proposals, and is not bound to accept any offer if that offer is contrary to the best interests of the College. Proposals will be considered irregular if they show omissions, alterations of form, additions not called for, conditions, limitations, unauthorized alternate proposals, or other irregularities of any kind. Proposals considered irregular might be rejected by TCC Effective period of Proposal: The offers submitted must remain in effect for a period of 120 days after the closing date Required Signatures: All signatures must be affixed and notarized on the form provided in this RFP Minor Informalities: The College reserves the right to waive minor informalities in the proposal Withdrawal of Proposal: Offers may be withdrawn at any time prior to the closing date, but no respondent may withdraw a proposal after that date Proposal Acceptance Period: All offers will remain in effect for a period of 120 days following the RFP opening date in order to allow time for evaluation, approval, and issuance of the contract. All offers will remain firm for the duration of any resulting award Proposal Submittal: Any exceptions and/or alternates must be stated on the RFP form or an additional sheet attached to the proposal form. Failure to provide required data to allow for evaluation of the RFP or failure to complete the RFP form and accompanying documents will be grounds for rejecting the offer. 2.5 Standard Terms and Conditions: 2.51 Non-Collusion Affidavit: Oklahoma laws require each bidder submitting a competitive offer to the State of Oklahoma for goods or services to furnish a notarized sworn Statement of Non-Collusion. The affidavit is included on the signature sheet of the RFP form Equal Employment Opportunity Requirements: In entering into any contract resulting from this RFP, the provider agrees to comply with Equal Employment Opportunity and Affirmative Action requirements as stipulated in Executive Order and Executive Order and all subsequent amendments thereto and superseding orders. Page 8

9 2.53 Federal, State and Local Taxes, Licenses and Permits: The successful bidder will comply with all laws and regulations on taxes, licenses and permits Waiver of Rights: No delay or failure to enforce any provision of this agreement shall constitute a waiver or limitation of the College s rights under any resulting contract Prior Course of Dealings: The parties hereby agree that no trade usage, prior course of dealing or course of performance under other contracts shall be a part of this Agreement or shall be used in the interpretation or construction of the Agreement Contract Provisions: It is mutually agreed by and between the College and the Bidder that the College s acceptance of the Bidder s offer, and the issuance and acceptance through signature of a contract shall create a legally binding agreement between the parties thereto containing all specifications, terms and conditions in the RFP and the RFP form. Any exception taken by the Bidder which is not included in the contract will not be part of the legally binding agreement. Therefore, in the event of a conflict between the terms and conditions of the contract and information submitted by a bidder, the terms and conditions of this contract will govern Observing Laws and Regulations: The bidder shall keep fully informed of and shall faithfully observe all laws, national and state, and all ordinances and regulations affecting the rights of his employees, and he shall protect and indemnify the College, its officers, and end agents, against any claims of liability arising from or based on any violation thereof Venue: The parties recognize that this agreement has, at least in part, been negotiated in Oklahoma and will, at least in part, be performed in Oklahoma. The validity and enforceability of this agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma. Any action arising out of or relating to this agreement or to its breach shall be brought only in the Federal or State courts sitting in Tulsa County, Oklahoma, and both parties hereby submit to the exclusive jurisdiction of such courts. Nothing contained herein shall constitute a waiver of sovereign immunity or of immunity or benefits afforded by the Eleventh Amendment to the Constitution of the United States of America Indemnification: Agency agrees to indemnify, defend, and hold the College, its Board of Regents, officers, members, agents, and employees harmless of and from any and all liability for all claims, demands, actions, causes of action, complaints, suits, judgments, damages, liability, loss, expenses, and costs, including attorney fees, arising out of or stemming from its performance of the Agreement. 2.6 Proposal Evaluation: Page 9

10 2.61 Proposal Evaluation Criteria: The evaluation of this proposal will be based on the following: Experience and past performance of the vendor as determined by company background and reputation Ability to meet requirements as specified in the RFP Quality and advantages of the proposed solution Responsiveness to terms and conditions Price structure Organization and completeness of proposal Agency presentation (If required) Evaluation of vendor references Information Required: Bidders will ensure that all information required herein be submitted with proposal. Failure to provide this information may result in rejection of the offer. 2.7 Vendor Qualifications: Vendors shall furnish Tulsa Community College copies of their current certificates of authority and license to do business in the State of Oklahoma, Tulsa County, and the City of Tulsa. Also, bidders shall furnish Tulsa Community College the most recent credit rating information available. 2.8 Sales Tax Exemption: Tulsa Community College is exempt from State Sales Tax and Federal Excise Tax and will furnish an exemption certificate upon request. All prices quoted are to be exclusive of city, state, federal and any duty or import tax. The exemption authority is Oklahoma State Tax Code, Title 68, OS 1991, Section 1356(A) and Internal Revenue Code No K. 2.9 Pricing: Pricing of hardware, software and related services should reflect any and all discounts given to public, higher education institutions. TCC is a member of Western States Contracting Alliance ( WSCA, through the State of Oklahoma Department of Central Services), the Educational and Institutional Cooperative Service, Inc. ( E&I ), U.S. Communities Government Purchasing Alliance, The Cooperative Purchasing Network ( TCPN ), and the Horizon Resource Group. Prices are to be guaranteed firm for a period of 120 days from the date of proposal opening, subject to the Tulsa Community College Board of Regents approval of order Tulsa Community College Policy: It is one part of the operational policy of Tulsa Community College to practice nondiscrimination in employment. Tulsa Community College also complies with Title VI of the Civil Rights Act of 1964, Executive Order as amended, Title IX of the Educational Amendments of 1972 and other appropriate federal laws and regulations. It is against the policy of the College to discriminate against or exclude from participation in benefits or Page 10

11 activities either on the staff or in the student body, by a person on the grounds of race, color, religion, age, sex, disability, national origin, or status as a Veteran. Vendors must comply with Executive Order 11246, as amended by Order (Tab A). The requirements of the Executive Order are implemented by the Regulations of the Department of Labor (41 Code of Federal Regulations Chapter 60) Part 60-1 Obligations of Contractor and Subcontractors (Tab B). This material covers nondiscrimination against applicant or employee for employment and it will take affirmative action to ensure that employees are treated during employment without regard to these factors Basis of Proposal Evaluation: The award shall be made to the vendor that is considered to be in the best interest of the College. From the total information required, determination shall be made by Tulsa Community College of the vendor s demonstrated financial, managerial and operational ability, and resources to serve the College. Only contracts from financially responsible organizations or individuals, as determined by the College, presently engaged in the business of information management and systems implementation shall be considered Contents of the RFP Response: Proposals should include concise, accurate information as outlined in this section. Copies of responses must be sealed and delivered as stated herein. Any questions related to contract issues should be directed in writing to Bill Creech, Director of Purchasing at bill.creech@tulsacc.edu and not to any other person at the College. Questions will be answered directly and in writing and may be included in Frequently Asked Questions. After assessing the content and complexity of the question and any related issues, the College will have the sole authority to determine whether an addendum should be issued to all potential bidders in order to maintain equity and fairness throughout the bid process Contract Administration: The contract shall be between Tulsa Community College and the company awarded the contract. Steven Cox, Assistant Director of Physical Facilities, is the representative of the College responsible for the administration of the contract. The relationship of the successful vendor to the College shall be that of independent contractor. All RFP responses shall remain firm for a minimum of 120 days from the date of the opening. In the event of any proceedings by or against either party, voluntary or involuntary, in bankruptcy or insolvency, or for the appointment of a receiver or trustees, or for the benefit of creditors of the property of the contract, the College may cancel the contract immediately. The contract shall be construed according to the laws of the State of Oklahoma and any rights, obligations or duties hereunder may not be, in whole or any part, assigned or transferred directly or indirectly by the successful vendor without the written consent of Tulsa Community College. The RFP specifications and the vendor s proposal thereto shall be incorporated into the contract, and if there are any variances or conflicts, the RFP specifications will control and determine the settlement of such variances or conflicts. Page 11

12 2.17 Safety: For all operations requiring the placing and movement of equipment, Contractor shall observe and exercise, and compel its employees to observe and exercise all necessary caution and discretion, so as to avoid injury to persons, damage to property of any and all kinds, and annoyance to or undue interference with the movement and activities of the students, faculty, visitors and employees of TCC. All placement, movement, activities, operation and performance of work will be done in a safe manner Alcohol and Narcotics: Contractor covenants and agrees that it will not bring or permit to be brought onto campus any beer, wine, or spirits; narcotic, hallucinogenic, or dangerous drugs: or cannabis. Contractor will take disciplinary action commensurate with the circumstances against any employee who brings onto or uses on the Campus any of these substances. Page 12

13 Appendix A Competitive Bid Affidavit Proposal # RFP BC Merchant Credit Card Services Proposal Issue Date: February 13, 2015 Proposal Due Date: February 27, :00 PM CST - P l e a s e R e a d C a r e f u l l y - Vendor is to supply Federal I.D. No. or Social Security No. on this line: Please make sure all spaces marked (X) are properly completed and/or signed. Reference: OSL Title 74 Section This bid is invalid if not signed and notarized (X) State of ) (X) County of ) (X) oath says:, of lawful age, being first duly sworn, on 1) (s)he is the duly authorized agent of (X), the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the facts pertaining to the existence of collusion among bidders and between bidders and state officials or employees, as well as facts pertaining to the giving of offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the bid to which this statement is attached; 2) (s)he is fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and has been personally and directly involved in the proceedings leading to the submission of such bid; and 3) neither the bidder nor anyone subject to the bidder s direction or control has been a party: A. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding, nor B. to any collusion with any state official or employees as to quantity, quality, or price in the prospective contract, or as to any other terms of such prospective contract, nor C. in any discussions between bidders and any state official concerning exchange of money or other thing of value for special consideration in the letting of a contract; and Page 13

14 Appendix A (Continued) 4) Title 74 Section 85.42: each contract entered into by any person or firm with the State of Oklahoma shall include an affidavit certifying that no person who has been involved in any manner in the development of that contract while employed by the State of Oklahoma shall be employed to fulfill any of the services provided for under said contract. Company Signed (X) Signer s Printed Name and Title Address City State Zip Phone ( ) Fax ( ) Subscribed & sworn before me on this day of, (X) My commission expires Notary Public (or Clerk or Judge) Page 14

15 A p p e n d i x B A c k n o w l e d g m e n t o f R e c e i p t o f A d d e n d a Proposal # RFP BC Merchant Credit Card Services Proposal Issue Date: February 13, 2015 Proposal Due Date: February 27, :00 PM CST Addendum Number Issue Date Acknowledging Signature Addendum 1 Addendum 2 Addendum 3 Company: Printed Name & Title: SUBMISSION OF THIS EXECUTED APPENDIX WILL BE REQUIRED ONLY IN THE EVENT ANY ADDENDUM IS ISSUED FOR THIS RFP SOLICITATION. FAILURE TO ACKNOWLEDGE ADDENDA ISSUED FOR THIS RFP MAY RESULT IN REJECTION OF VENDOR S PROPOSAL. Page 15

16 A p p e n d i x C C o s t P r o p o s a l Proposal # RFP BC Merchant Credit Card Services Proposal Issue Date: February 13, 2015 Proposal Due Date: February 27, :00 PM CST The pricing provided below must include all costs to complete the project. Please provide Unit Price for the following and include any additional fees not listed: Contract Fee: $ Monthly Minimum Charge:... $ Setup Fee:... $ Annual Assessment/Compliance Fee:... $ Monthly Service Fee:...$ Per Transaction Fee:...$ (list separately if there is a dollar and % transaction charge):... $ Terminal Fee per month or year:... $ Chargeback Fee:...$ Batch Settlement Fee:...$ Other Fees (describe) :... $ Other Fees (describe) :... $ Unit Cost of Proposed Equipment (If necessary):... $ I certify that the certifications required by this solicitation are attached hereto, completed, and signed by an authorized official of the company. NAME OF COMPANY: ADDRESS: CITY/STATE/ZIP: TELEPHONE: AUTHORIZED SIGNATURE: DATE: Page 16