new data security rfp (aug. 2013)

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    SAP

    State of South Carolina

    Request for Proposal

    Solicitation Number:Date Issued:

    Procurement Officer:Phone:

    E-Mail Address:

    54000065298/23/2013Norma [email protected]

    DESCRIPTION: Identity Theft Protection Services

    USING GOVERNMENTAL UNIT: South Carolina Department of Revenue

    The Term "Offer" Means Your "Bid" or "Proposal". Unless submitted on-line, your offer must be submitted in a sealed

    package. Solicitation Number & Opening Date must appear on package exterior. See "Submitting Your Offer" provision.

    SUBMIT YOUR OFFER ON-LINE AT THE FOLLOWING URL: https://srmwebgui.sc.gov/sap/bc/gui/sap/its/bbpstartSUBMIT OFFER BY (Opening Date/Time): 9/09//2013 14:30:00 (See "Deadline For Submission Of Offer" provision)

    NUMBER OF COPIES TO BE SUBMITTED: SEE PAGE 3

    CONFERENCE TYPE: Not ApplicableDATE & TIME:

    (As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)

    LOCATION: Not Applicable

    AWARD &AMENDMENTS

    Award will be posted on 9/23/2013. The award, this solicitation, any amendments, and any relatednotices will be posted at the following web address:http://www.procurement.sc.gov

    You must submit a signed copy of this form with Your Offer. You agree to be bound by the terms of the Solicitation.You agree to hold Your Offer open for a minimum of thirty (30) calendar days after the OpeningDate. (See "Signing Your Offer" and "Electronic Signature" provisions.)

    NAME OF OFFEROR

    (full legal name of business submitting the offer)

    Any award issued will be issued to, and the contract will be formed with,the entity identified as the Offeror. The entity named as the Offeror must

    be a single and distinct legal entity. Do not use the name of a branch officeor a division of a larger entity if the branch or division is not a separatelegal entity, i.e., a separate corporation, partnership, sole proprietorship,

    etc.

    AUTHORIZED SIGNATURE

    (Person must be authorized to submit binding offer to contract on behalf of Offeror.)

    TAXPAYER IDENTIFICATION NO.

    (See "Taxpayer Identification Number" provision)

    TITLE

    (business title of person signing above)

    STATE VENDOR NO.

    (Register to Obtain S.C. Vendor No. a t www.procurement.sc.gov

    PRINTED NAME

    (printed name of person signing above)

    DATE SIGNED STATE OF INCORPORATION

    (If you are a corporation, identify the state of incorporation.)

    OFFEROR'S TYPE OF ENTITY: (Check one)(See "Signing Your Offer" provision.)

    ___ Sole Proprietorship ___ Partnership ___ Other_____________________________

    ___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)COVER PAGE (NOV. 2007)

    mailto:[email protected]:[email protected]://srmwebgui.sc.gov/sap/bc/gui/sap/its/bbpstarthttps://srmwebgui.sc.gov/sap/bc/gui/sap/its/bbpstarthttp://www.procurement.sc.gov/http://www.procurement.sc.gov/http://www.procurement.sc.gov/http://www.procurement.sc.gov/http://www.procurement.sc.gov/http://www.procurement.sc.gov/http://www.procurement.sc.gov/http://www.procurement.sc.gov/https://srmwebgui.sc.gov/sap/bc/gui/sap/its/bbpstartmailto:[email protected]
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    SAPPAGE TWO(Return Page Two with Your Offer)

    HOME OFFICE ADDRESS (Address for Offerors home office /principal place of business)

    NOTICE ADDRESS (Address to which all procurement and contractrelated notices should be sent.) (See "Notice" clause)

    _________________________________________________ Area Code -

    Number - Extension Facsimile_________________________________________________ E-mail Address

    PAYMENT ADDRESS (Address to which payments will be sent.)(See "Payment" clause)

    ____Payment Address same as Home Office Address____Payment Address same as Notice Address (check only one)

    ORDER ADDRESS (Address to which purchase orders will be sent)(See "Purchase Orders and "Contract Documents" clauses)

    ____Order Address same as Home Office Address____Order Address same as Notice Address (check only one)

    ACKNOWLEDGMENT OF AMENDMENTSOfferors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision)

    Amendment No. Amendment IssueDate

    Amendment No. Amendment IssueDate

    Amendment No. Amendment IssueDate

    Amendment No. Amendment IssueDate

    DISCOUNT FORPROMPT PAYMENT(See "Discount for Prompt

    Payment" clause)

    10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)

    PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly

    rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendorsselling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. Asummary of the new preferences is available atwww.procurement.sc.gov/preferences. ALL THE PREFERENCES

    MUST BE CLAIMED AND ARE APPLIED BY LINE I TEM, REGARDLESS OF WHETHER AWARD IS MADE BY

    ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE

    CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU

    REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE

    PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE SERIOUS

    CONSEQUENCES. [11-35-1524(E)(4)&(6)] (Does not apply to this solicitation)

    PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number foryour in-state office in the space provided below. An in-state office is necessary to claim either the Resident VendorPreference (11-35-1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you

    must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if youare claiming the Resident Subcontractor Preference (11-35-1524(D)). (Does not apply to this solicitation)

    ____In-State Office Address same as Home Office Address____In-State Office Address same as Notice Address (check only one)

    PAGE TWO (SEP 2009) End of PAGE TWO

    http://www.procurement.sc.gov/preferenceshttp://www.procurement.sc.gov/preferenceshttp://www.procurement.sc.gov/preferenceshttp://www.procurement.sc.gov/preferences
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    PAGE THREE

    IMPORTANT INFORMATION FOR ALL OFFERORS

    All Offerors desiring to respond to this solicitation should register and submit your response online. To respond online,

    you must follow the new South Carolina Enterprise Information System (SCEIS) vendor registration instructions found at

    the South Carolina Procurement Information Center website address of: http://www.procurement.sc.gov/. Even if you are

    registered in the old procurement system, you must still register or update your information in the new SCEIS system.

    Once the registration process is complete, the system will generate a new SCEIS vendor user ID and password. The

    Offeror must keep this information current or you will not be able to submit future bids.

    OFFERORS ENCOUNTERING REGISTRATION PROBLEMS SHOULD CONTACT:

    DSIT Help Desk (803) 896-0001 Select Option 1 then Option 1

    MondayFriday 8:00 AM4:30 PM

    Additional vendor instructions concerning submitting offers can be found at:

    http://procurement.sc.gov/PS/vendor/PS-vendor-submitting-offers.phtm

    NUMBER OF COPIES

    Offerors will need to follow these instructions carefully when responding to the solicitation online.

    1. The original solicitation response should be submitted on-line and is the official response.2. All bidders must attach all additional requested documents to their response in the online system. These documents

    can be attached under the My Notes tab of the online solicitation either on the main page or under the necessaryline item.

    In addition to the offer you submit on-line, please submit the following:

    1 redacted copy of both the technical and business proposals (submitted online)8 copies of your technical proposal on USB Flash Drives1 copies of your business proposal on USB Flash Drives

    All copies requested must be delivered no later than the date and time specified on the cover page of the solicitation to the

    following address:

    Information Technology Management Office

    Attention: Norma Hall, FNIGP, CPPO, CPPB, CPM

    State IT Procurement OfficerSolicitation Number: 5400006217

    1201 Main Street, Suite 601

    Columbia, SC 29201

    http://www.procurement.sc.gov/http://www.procurement.sc.gov/http://procurement.sc.gov/PS/vendor/PS-vendor-submitting-offers.phtmhttp://procurement.sc.gov/PS/vendor/PS-vendor-submitting-offers.phtmhttp://procurement.sc.gov/PS/vendor/PS-vendor-submitting-offers.phtmhttp://www.procurement.sc.gov/
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    Offeror Verification of Submitted Responses

    After submitting an online response to a solicitation, Offeror may validate their submission with the following steps:

    1. Go back to the initial screen2. Select Start by clicking the Start button3. Bid Submitted will appear in the Bid Status Column as seen below

    You may want to print this page for your records.

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    Table of ContentsSAPSECTION IScope of Solicitation ......................................................................................................................................... 7MAXIMUM CONTRACT PERIOD - ESTIMATED (Jan 2006) ............................................................................................. 7BUDGET MAXIMUM ............................................................................................................................................................ 7

    SECTION IIAInstructions to OfferorsA. General Instructions .................................................................................. 7DEFINITIONS (JAN 2006) ...................................................................................................................................................... 7AMENDMENTS TO SOLICITATION (JAN 2004) ................................................................................................................ 8AWARD NOTIFICATION (NOV 2007) ................................................................................................................................. 8BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004) .................................................................................................. 8BID ACCEPTANCE PERIOD (JAN 2004) ............................................................................................................................. 8BID IN ENGLISH and DOLLARS (JAN 2004) ....................................................................................................................... 8BOARD AS PROCUREMENT AGENT (JAN 2004) .............................................................................................................. 8CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008) ................................................................... 8CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004) ................... 9 CODE OF LAWS AVAILABLE (JAN 2006) .......................................................................................................................... 10COMPLETION OF FORMS/CORRECTION OF ERRORS (JAN 2006) ................................................................................ 10DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (MAY 2011) .................. 10DEADLINE FOR SUBMISSION OF OFFER (JAN 2004) ..................................................................................................... 10DRUG FREE WORK PLACE CERTIFICATION (JAN 2004) ............................................................................................... 10ETHICS CERTIFICATE (MAY 2008) .................................................................................................................................... 10

    OMIT TAXES FROM PRICE (JAN 2004) .............................................................................................................................. 11PROTESTS (JUNE 2006) ......................................................................................................................................................... 11REJECTION/CANCELLATION (JAN 2004) .......................................................................................................................... 11RESPONSIVENESS/IMPROPER OFFERS ............................................................................................................................ 11RESTRICTIONS APPLICABLE TO OFFERORS (JAN 2004) .............................................................................................. 11SIGNING YOUR OFFER (JAN 2004) ..................................................................................................................................... 11STATE OFFICE CLOSINGS .................................................................................................................................................. 12SUBMITTING CONFIDENTIAL INFORMATION (AUG 2002) .......................................................................................... 12SUBMITTING YOUR OFFER OR MODIFICATION (JAN 2004) ........................................................................................ 12TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN 2008) .................... 12TAXPAYER IDENTIFICATION NUMBER (JAN 2004) ....................................................................................................... 13VENDOR REGISTRATION MANDATORY (JAN 2006) ..................................................................................................... 13WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004) ............................................................................................... 13

    SECTION IIInstructions to OfferorsB. Special Instructions .......... .......... ........... .......... ........... .......... .......... ........... .... 13CONTENTS OF OFFER (RFP) -- ITMO (JAN 2006) ............................................................................................................. 13CLARIFICATION (NOV 2007) ............................................................................................................................................... 13DISCUSSIONS AND NEGOTIATIONS ................................................................................................................................ 13ON-LINE BIDDING INSTRUCTIONS (NOV 2007) .............................................................................................................. 13OPENING PROPOSALSPRICES NOT DIVULGED (JAN 2006) ...................................................................................... 13PROTEST - CPO - ITMO ADDRESS (JUNE 2006) ............................................................................................................... 14

    SECTION IIIScope of Work/Specifications ...................................................................................................................... 15SCOPE OF WORK .................................................................................................................................................................. 15

    SECTION IVInformation for Offerors to Submit ............................................................................................................ 18INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (JAN 2006) ........................................................................ 18 MINORITY PARTICIPATION (JAN 2006) ............................................................................................................................ 22SUBMITTING REDACTED OFFERS (FEB 2007) ................................................................................................................ 22

    SECTION VQualifications .................................................................................................................................................. 22QUALIFICATION OF OFFEROR (JAN 2006) ....................................................................................................................... 22QUALIFICATIONSREQUIRED INFORMATION (JAN 2006) ......................................................................................... 22SUBCONTRACTOR -- IDENTIFICATION ........................................................................................................................... 23

    SECTION VIAward Criteria .............................................................................................................................................. 23AWARD CRITERIAPROPOSALS (JAN 2006) .................................................................................................................. 24AWARD TO ONE OFFEROR (JAN 2006) ............................................................................................................................. 24

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    EVALUATION FACTORSPROPOSALS (JAN 2006) ....................................................................................................... 24

    SECTION VIITerms and ConditionsA. General .......................................................................................................... 23ASSIGNMENT .......................................................................................................................................................................... 24BANKRUPTCY (JAN 2006) .................................................................................................................................................... 24CHOICE-OF-LAW .................................................................................................................................................................. 24CONTRACT DOCUMENTS and ORDER OF PRECEDENCE ............................................................................................. 24DISCOUNT FOR PROMPT PAYMENT (JAN 2006) ............................................................................................................. 25DISPUTES ............................................................................................................................................................................... 25

    EQUAL OPPORTUNITY (JAN 2006) ..................................................................................................................................... 25FALSE CLAIMS (JAN 2006) .................................................................................................................................................. 25FIXED PRICING REQUIRED ................................................................................................................................................. 25NON-INDEMNIFICATION .................................................................................................................................................... 25NOTICE (JAN 2006) ................................................................................................................................................................ 26PAYMENT and INTEREST ..................................................................................................................................................... 25PUBLICITY (JAN 2006) .......................................................................................................................................................... 26PURCHASE ORDERS (JAN 2006) ......................................................................................................................................... 26SETOFF .................................................................................................................................................................................... 26SURVIVAL OF OBLIGATIONS .............................................................................................................................................. 26TAXES (JAN 2006) .................................................................................................................................................................. 26TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006) ............................................................................. 27THIRD PARTY BENEFICIARY (JAN 2006) ......................................................................................................................... 27

    WAIVER (JAN 2006) ............................................................................................................................................................... 27

    SECTION VIITerms and ConditionsB. Special ............................................................................................................ 26COMPLIANCE WITH LAWS (JAN 2006) ............................................................................................................................. 27CONTRACT LIMITATIONS (JAN 2006) ............................................................................................................................... 26CONTRACTOR PERSONNEL (JAN 2006) ............................................................................................................................ 27CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006) ................................................................................................ 27ILLEGAL IMMIGRATION (NOV. 2008) ............................................................................................................................... 27INDEMNIFICATIONTHIRD PARTY CLAIMSDISCLOSURE OF INFORMATION .................................................. 27INFORMAITON SECURITY ................................................................................................................................................... 27INFORMAITON SECURITYDATA LOCATION ............................................................................................................... 28INFORMAITON USE AND DISCLOSURE ........................................................................................................................... 28INFORMAITON USE AND DISCLOSURE - STANDARDS ................................................................................................. 30LICENSES AND PERMITS (JAN 2006) ................................................................................................................................. 30LIMITATION ON LIABILITY ................................................................................................................................................. 30OFFSHORE CONTRACTING .................................................................................................................................................. 30OWNERSHIP OF DATA AND MATERIALS (JAN 2006) ..................................................................................................... 31PRICING AND PAYMENT ...................................................................................................................................................... 31RELATIONSHIP OF THE PARTIES (JAN 2006) .................................................................................................................. 31RESTRICTIONS ON OFFEROR .............................................................................................................................................. 31TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006) ........................................... 32TERM OF CONTRACT -- OPTION TO RENEW .................................................................................................................. 32

    SECTION VIIIPrice-Business Proposal ............................................................................................................................ 32PRICE PROPOSAL SCHEDULE (NOV 2007) ....................................................................................................................... 33

    SECTION IXAttachments to Solicitation .......... .......... ........... .......... ........... .......... ........... .......... ........... .......... .......... ........ 33

    SERVICE PROVIDER SECURITY ASSESSMENT QUESTIONNAIRE .............................................................................. 34NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING ..................................... 36

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    SAPI. SCOPE OF SOLICITATIONNEW SOLICITATION. Offerors are advised that Solicitation 5400006217 has been canceled. This

    Solicitation 5400006529 is independent of and completely supersedes former Solicitation

    5400006217. While limited changes have been made, Offerors should not rely on any aspect of the

    canceled solicitation in preparing their proposals in response to this Solicitation. If you wish to be

    considered for award pursuant to the new solicitation, you must submit an entirely new and

    complete proposal.

    MAXIMUM CONTRACT PERIOD - ESTIMATEDStart date: 10/03/2013 End date: 10/02/2018. Dates provided are only estimates of the total potential duration. Any resultingcontract will begin on the date specified in the notice of award. See clause entitled "Term of Contract - Effective Date/InitialContract Period".

    BUDGET MAXIMUM

    The funds currently available for this contract are limited to the amount appropriated by the capital reserve fundappropriation act, 2013 H. 3711, Ratification No. 121, Section 1(1) and Section 2(A), which can be found at thefollowing URL:http://scstatehouse.gov/sess120_2013-2014/bills/3711.htm

    If your Guaranteed Maximum Annual Price for the Initial Term exceeds this amount, your offer will be

    rejected as non-responsive.

    ** Offerors are reminded that their Price-Business Proposal will be evaluated, as otherwise

    provided herein**.SAP

    II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

    DEFINITIONS (JAN 2006)EXCEPT AS OTHERWISE PROVIDED HEREIN, THE FOLLOWING DEFINITIONS ARE APPLICABLE TO ALL PARTSOF THE SOLICITATION.

    AMENDMENT means a document issued to supplement the original solicitation document.BOARD means the South Carolina Budget & Control Board.BUYER means the Procurement Officer.CHANGE ORDER means any written alteration in specifications, delivery point, rate of delivery, period of performance, price,quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract.CONTRACT See clause entitled Contract Documents & Order of Precedence.CONTRACT MODIFICATION means a written order signed by the Procurement Officer, directing the Contractor to makechanges which the changes clause of the contract authorizes the Procurement Officer to order without the consent of theContractor.CONTRACTOR means the Offeror receiving an award as a result of this solicitation. COVER PAGE means the top page of the original solicitation on which the solicitation is identified by number. Offerors arecautioned that Amendments may modify information provided on the Cover Page.OFFER means the bid or proposal submitted in response this solicitation. The terms Bid and Proposal are used interchangeablywith the term Offer.OFFEROR means the single legal entity submitting the offer. The term Bidder is used interchangeably with the term Offeror.See bidding provisions entitled Signing Your Offer and Bid/Proposal As Offer To Contract. ORDERING ENTITY Using Governmental Unit that has submitted a Purchase Order.PAGE TWO means the second page of the original solicitation, which is labeled Page Two.PROCUREMENT OFFICER means the person, or his successor, identified as such on the Cover Page. YOU and YOUR means Offeror.SOLICITATION means this document, including all its parts, attachments, and any Amendments.STATE means the Using Governmental Unit(s) identified on the Cover Page.SUBCONTRACTOR means any person having a contract to perform work or render service to Contractor as a part of theContractor's agreement arising from this solicitation.USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page. If the Cover Page

    http://scstatehouse.gov/sess120_2013-2014/bills/3711.htmhttp://scstatehouse.gov/sess120_2013-2014/bills/3711.htmhttp://scstatehouse.gov/sess120_2013-2014/bills/3711.htmhttp://scstatehouse.gov/sess120_2013-2014/bills/3711.htm
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    names a Statewide Term Contract as the Using Governmental Unit, the Solicitation seeks to establish a Term Contract [11-35-310(35)] open for use by all South Carolina Public Procurement Units [11-35-4610(5)].WORK means all labor, materials, equipment and services provided or to be provided by the Contractor to fulfill theContractor's obligations under the Contract.[02-2A003-1]

    AMENDMENTS TO SOLICITATION (JAN 2004)

    (a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitor thefollowing web site for the issuance of Amendments:www.procurement.sc.gov(b) Offerors shall acknowledge receipt of anyamendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and datein the space provided for this purpose on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that thebidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified remainunchanged. [02-2A005-1]

    AWARD NOTIFICATION (NOV 2007)Notice regarding any award or cancellation of award will be posted at the location specified on the Cover Page. If the contractresulting from this Solicitation has a total or potential value of fifty thousand dollars or more, such notice will be sent to allOfferors responding to the Solicitation. Should the contract resulting from this Solicitation have a total or potential value of onehundred thousand dollars or more, such notice will be sent to all Offerors responding to the Solicitation and any award will notbe effective until the eleventh day after such notice is given. [02-2A010-1]

    BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)By submitting Your Bid or Proposal, You are offering to enter into a contract with the Using Governmental Unit(s). Withoutfurther action by either party, a binding contract shall result upon final award. Any award issued will be issued to, and thecontract will be formed with, the entity identified as the Offeror on the Cover Page. An Offer may be submitted by only onelegal entity; "joint bids" are not allowed. [02-2A015-1]

    BID ACCEPTANCE PERIOD (JAN 2004)In order to withdraw Your Offer after the minimum period specified on the Cover Page, You must notify the Procurement

    Officer in writing. [02-2A020-1]

    BID IN ENGLISH and DOLLARS (JAN 2004)Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless otherwise permittedby the Solicitation. [02-2A025-1]

    BOARD AS PROCUREMENT AGENT (JAN 2004)(a) Authorized Agent. All authority regarding the conduct of this procurement is vested solely with the responsible ProcurementOfficer. Unless specifically delegated in writing, the Procurement Officer is the only government official authorized to bind thegovernment with regard to this procurement. (b) Purchasing Liability. The Procurement Officer is an employee of the Boardacting on behalf of the Using Governmental Unit(s) pursuant to the Consolidated Procurement Code. Any contracts awarded asa result of this procurement are between the Contractor and the Using Governmental Units(s). The Board is not a party to suchcontracts, unless and to the extent that the board is a using governmental unit, and bears no liability for any party's losses arisingout of or relating in any way to the contract. [02-2A030-1]

    CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS CERTIFICATION MAY RENDER

    YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS

    AND OTHER APPLICABLE LAWS.

    (a) By submitting an offer, the Offeror certifies that-

    (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, anyconsultation, communication, or agreement with any other Offeror or competitor relating to-(i) Those prices;(ii) The intention to submit an offer; or

    http://www.procurement.sc.gov/http://www.procurement.sc.gov/http://www.procurement.sc.gov/http://www.procurement.sc.gov/
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    (iii) The methods or factors used to calculate the prices offered.

    (2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror, directly or indirectly, to any otherOfferor or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiatedsolicitation) unless otherwise required by law; and

    (3) No attempt has been made or will be made by the Offeror to induce any other concern to submit or not to submit an offer forthe purpose of restricting competition.

    (b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

    (1) Is the person in the Offerors organization responsible for determining the prices being offered in this bid or proposal, andthat the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of thiscertification; or

    (2)(i) Has been authorized, in writing, to act as agent for the Offerors principals in certifying that those principals have notparticipated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this certification [As used inthis subdivision (b)(2)(i), the term "principals" means the person(s) in the Offerors organization responsible for determini ng theprices offered in this bid or proposal];

    (ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this certification have notparticipated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; and

    (iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through(a)(3) of this certification.

    (c) If the Offeror deletes or modifies paragraph (a)(2) of this certification, the Offeror must furnish with its offer a signedstatement setting forth in detail the circumstances of the disclosure. [02-2A032-1]

    CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN 2004)(a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-

    (i) Offeror and/or any of its Principals-

    (A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any

    state or federal agency;(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against themfor: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission ofoffers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,tax evasion, or receiving stolen property; and(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of anyof the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

    (ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by anypublic (Federal, state, or local) entity.

    (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary

    management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary,division, or business segment, and similar positions).

    (b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to contract award, Offerorlearns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

    (c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offer must submit a written explanationregarding its inability to make the certification. The certification will be considered in connection with a review of the Offeror'sresponsibility. Failure of the Offeror to furnish additional information as requested by the Procurement Officer may render theOfferor nonresponsible.

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    (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, ingood faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is notrequired to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

    (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed whenmaking award. If it is later determined that the Offeror knowingly or in bad faith rendered an erroneous certification, in additionto other remedies available to the State, the Procurement Officer may terminate the contract resulting from this solicitation fordefault.[02-2A035-1]

    CODE OF LAWS AVAILABLE (JAN 2006)The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at:http://www.scstatehouse.gov/code/statmast.php

    The South Carolina Regulations are available at:http://www.scstatehouse.gov/coderegs/statmast.php[02-2A040-2]

    COMPLETION OF FORMS/CORRECTION OF ERRORS (JAN 2006)All prices and notations should be printed in ink or typewritten. Errors should be crossed out, corrections entered and initialedby the person signing the bid. Do not modify the solicitation document itself (including bid schedule). (Applicable only tooffers submitted on paper.) [02-2A045-1]

    DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE ADVANTAGE (MAY 2011) You warrant and represent that your offer identifies and explains any unfair competitive advantage you may have in competingfor the proposed contract and any actual or potential conflicts of interest that may arise from your participation in thiscompetition or your receipt of an award. The two underlying principles are (a) preventing the existence of conflicting roles thatmight bias a Contractor's judgment, and (b) preventing an unfair competitive advantage. If you have an unfair competitiveadvantage or a conflict of interest, the state may withhold award. Before withholding award on these grounds, an Offeror willbe notified of the concerns and provided a reasonable opportunity to respond. Efforts to avoid or mitigate such concerns,including restrictions on future activities, may be considered. [02-2A047-1]

    DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)Any offer received after the Procurement Officer of the governmental body or his designee has declared that the time set foropening has arrived, shall be rejected unless the offer has been delivered to the designated purchasing office or thegovernmental bodies mail room which services that purchasing office prior to the bid opening. [R.19-445.2070(H)] [02-2A050-1]

    DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)By submitting an Offer, Contractor certifies that, if awarded a contract, Contractor will comply with all applicable provisions ofThe Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of Laws, as amended. [02-2A065-1]

    ETHICS CERTIFICATE (MAY 2008)By submitting an offer, the Offeror certifies that the Offeror has and will comply with, and has not, and will not, induce a

    person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics act). The following statutesrequire special attention: Section 8-13-700, regarding use of official position for financial gain; Section 8-13-705, regardinggifts to influence action of public official; Section 8-13-720, regarding offering money for advice or assistance of publicofficial; Sections 8-13-755 and 8-13-760, regarding restrictions on employment by former public official; Section 8-13-775,prohibiting public official with economic interests from acting on contracts; Section 8-13-790, regarding recovery of kickbacks;Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342, regarding restrictions oncontributions by Contractor to candidate who participated in awarding of contract. The state may rescind any contract andrecover all amounts expended as a result of any action taken in violation of this provision. If Contractor participates, directly orindirectly, in the evaluation or award of public contracts, including without limitation, change orders or task orders regarding apublic contract, Contractor shall, if required by law to file such a statement, provide the statement required by Section 8-13-1150 to the procurement officer at the same time the law requires the statement to be filed. [02-2A075-2]

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    OMIT TAXES FROM PRICE (JAN 2004)Do not include any sales or use taxes in Your price that the State may be required to pay. [02-2A080-1]

    PROTESTS (JUNE 2006)Any prospective bidder, Offeror, Contractor, or subcontractor who is aggrieved in connection with the solicitation of a contractshall protest within fifteen days of the date of issuance of the applicable solicitation document at issue. Any actual bidder,Offeror, Contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract shallprotest within ten days of the date notification of award is posted in accordance with this code. A protest shall be in writing,shall set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to bedecided, and must be received by the appropriate Chief Procurement Officer within the time provided. See clause entitled"Protest-CPO". [Section 11-35-4210] [02-2A085-1]

    REJECTION/CANCELLATION (JAN 2004)The State may cancel this solicitation in whole or in part. The State may reject any or all proposals in whole or in part. [SCCode Section 11-35-1710 & R.19-445.2065] [02-2A100-1]

    RESPONSIVENESS/IMPROPER OFFERS(a) Multiple Offers. Offerors may submit more than one Offer, provided that each Offer has significant differences other than

    price. Each separate Offer must satisfy all Solicitation requirements. If this solicitation is an Invitation for Bids, each s eparateoffer must be submitted as a separate document. If this solicitation is a Request for Proposals, multiple offers may be submittedas one document, provided that you clearly differentiate between each offer and you submit a separate Price-Business Proposalfor each offer, if applicable.

    (c) Responsiveness. Any Offer which fails to conform to the material requirements of the Solicitation may be rejected asnonresponsive. Offers which impose conditions that modify material requirements of the Solicitation may be rejected. If a fixedprice is required, an Offer will be rejected if the total possible cost to the State cannot be determined. Any deficiency resultingfrom a minor informality may be cured or waived at the sole discretion of the Procurement Officer.

    (d) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that it is unreasonable asto price.

    (e) Unbalanced Bidding. The State may reject an Offer as nonresponsive if the prices bid are materially unbalanced betweenline items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some Workand prices which are significantly overstated in relation to cost for other Work, and if there is a reasonable doubt that the bidwill result in the lowest overall cost to the State even though it may be the low evaluated bid, or if it is so unbalanced as to betantamount to allowing an advance payment.

    RESTRICTIONS APPLICABLE TO OFFERORS (JAN 2004)Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute aviolation of the state Ethics Act. (a) After issuance of the solicitation, you agree not to discuss thi s procurement activi ty in anyway with the Using Governmental Uni t or its employees, agents or of fi cials. All communications must be solely with theProcurement Officer. This restriction may be lifted by express written permission from the Procurement Officer. This restrictionexpires once a contract has been formed. (b) Unless otherwise approved in writing by the Procurement Officer,you agree not to

    give anythi ng to any Using Governmental Uni t or its employees, agents or off ici als pri or to award.[02-2A110-1]

    SIGNING YOUR OFFER (JAN 2004)Every Offer must be signed by an individual with actual authority to bind the Offeror. (a) If the Offeror is an individual, theOffer must be signed by that individual. If the Offeror is an individual doing business as a firm, the Offer must be submitted inthe firm name, signed by the individual, and state that the individual is doing business as a firm. (b) If the Offeror is apartnership, the Offer must be submitted in the partnership name, followed by the words by its Partner, and signed by a generalpartner. (c) If the Offeror is a corporation, the Offer must be submitted in the corporate name, followed by the signature andtitle of the person authorized to sign. (d) An Offer may be submitted by a joint venturer involving any combination ofindividuals, partnerships, or corporations. If the Offeror is a joint venture, the Offer must be submitted in the name of the Joint

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    Venture and signed by every participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above foreach type of participant. (e) If an Offer is signed by an agent, other than as stated in subparagraphs (a) through (d) above, theOffer must state that is has been signed by an Agent. Upon request, Offeror must provide proof of the agent's authorization tobind the principal. [02-2A115-1]

    STATE OFFICE CLOSINGSIf an emergency or unanticipated event interrupts normal government processes so that offers cannot be received at thegovernment office designated for receipt of bids by the exact time specified in the solicitation, the time specified for receipt of

    offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normalgovernment processes resume. In lieu of an automatic extension, an Amendment may be issued to reschedule bid opening. Ifstate offices are closed at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued toreschedule the conference. Useful information may be available at: http://scemd.org.

    SUBMITTING CONFIDENTIAL INFORMATION (AUG 2002)(An overview is available atwww.procurement.sc.gov) For every document Offeror submits in response to or with regard tothis solicitation or request, Offeror must separately mark with the word "CONFIDENTIAL" every page, or portion thereof, thatOfferor contends contains information that is exempt from public disclosure because it is either (a) a trade secret as defined inSection 30-4-40(a)(1), or (b) privileged and confidential, as that phrase is used in Section 11-35-410. For every documentOfferor submits in response to or with regard to this solicitation or request, Offeror must separately mark with the words"TRADE SECRET" every page, or portion thereof, that Offeror contends contains a trade secret as that term is defined bySection 39-8-20 of the Trade Secrets Act. For every document Offeror submits in response to or with regard to this solicitation

    or request, Offeror must separately mark with the word "PROTECTED" every page, or portion thereof, that Offeror contends isprotected by Section 11-35-1810. All markings must be conspicuous; use color, bold, underlining, or some other methodin order to conspicuously distinguish the mark from the other text. Do not mark your entire response (bid, proposal,

    quote, etc.) as confidential, trade secret, or protected. If your response, or any part thereof, is improperly marked as

    confidential or trade secret or protected, the State may, in its sole discretion, determine it nonresponsive. If only portionsof a page are subject to some protection, do not mark the entire page. By submitting a response to this solicitation or request,Offeror (1) agrees to the public disclosure of every page of every document regarding this solicitation or request that wassubmitted at any time prior to entering into a contract (including, but not limited to, documents contained in a response,documents submitted to clarify a response, and documents submitted during negotiations), unless the page is conspicuouslymarked "TRADE SECRET" or "CONFIDENTIAL" or "PROTECTED", (2) agrees that any information not marked, as requiredby these bidding instructions, as a "Trade Secret" is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that,notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other financial figures used to

    determine the award, as well as the final contract amount, are subject to public disclosure. In determining whether torelease documents, the State will detrimentally rely on Offeror's marking of documents, as required by these biddinginstructions, as being either "Confidential" or "Trade Secret" or "PROTECTED". By submitting a response, Offeror agrees todefend, indemnify and hold harmless the State of South Carolina, its officers and employees, from every claim, demand, loss,expense, cost, damage or injury, including attorney's fees, arising out of or resulting from the State withholding information thatOfferor marked as "confidential" or "trade secret" or "PROTECTED". (All references to S.C. Code of Laws.) [02 -2A125-1]

    SUBMITTING YOUR OFFER OR MODIFICATION (JAN 2004)(a) Offers and offer modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) -(1) Addressed to the office specified in the Solicitation; and (2) Showing the time and date specified for opening, thesolicitation number, and the name and address of the bidder. (b) If you are responding to more than one solicitation, each offermust be submitted in a different envelope or package. (c) Each Offeror must submit the number of copies indicated on theCover Page. (d) Offerors using commercial carrier services shall ensure that the Offer is addressed and marked on the outermostenvelope or wrapper as prescribed in paragraphs (a)(1) and (2) of this provision when delivered to the office specified in the

    Solicitation. (e) Facsimile or e-mail offers, modifications, or withdrawals, will not be considered unless authorized by theSolicitation. (f) Offers submitted by electronic commerce shall be considered only if the electronic commerce method wasspecifically stipulated or permitted by the solicitation. [02-2A130-1]

    TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN 2008)Pursuant to Section 12-6-3350, a taxpayer having a contract with this State who subcontracts with a socially and economicallydisadvantaged small business is eligible for an income tax credit equal to four percent of the payments to that subcontractor forwork pursuant to the contract. The subcontractor must be certified as a socially and economically disadvantaged small businessas defined in Section 11-35-5010 and regulations pursuant to it. The credit is limited to a maximum of fifty thousand dollarsannually. A taxpayer is eligible to claim the credit for ten consecutive taxable years beginning with the taxable year in whichthe first payment is made to the subcontractor that qualifies for the credit. After the above ten consecutive taxable years, the

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    taxpayer is no longer eligible for the credit. A taxpayer claiming the credit shall maintain evidence of work performed for thecontract by the subcontractor. The credit may be claimed on Form TC-2, "Minority Business Credit." A copy of thesubcontractor's certificate from the Governor's Office of Small and Minority Business (OSMBA) is to be attached to theContractor's income tax return. Questions regarding the tax credit and how to file are to be referred to: SC Department ofRevenue, Research and Review, Phone: (803) 898-5786, Fax: (803) 898-5888. Questions regarding subcontractor certificationare to be referred to: Governor's Office of Small and Minority Business Assistance, Phone: (803) 734-0657, Fax: (803) 734-2498. [02-2A135-1]

    TAXPAYER IDENTIFICATION NUMBER (JAN 2004)(a) If Offeror is owned or controlled by a common parent as defined in paragraph (b) of this provision, Offeror shall submitwith its Offer the name and TIN of common parent.(b) Definitions: "Common parent," as used in this provision, means that corporate entity that owns or controls an affiliatedgroup of corporations that files its Federal income tax returns on a consolidated basis, and of which the Offeror is a member."Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service(IRS) to be used by the Offeror in reporting income tax and other returns. The TIN may be either a Social Security Number oran Employer Identification Number.(c) If Offeror does not have a TIN, Offeror shall indicate if either a TIN has been applied for or a TIN is not required. If a TINis not required, indicate whether (i) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not haveincome effectively connected with the conduct of a trade or business in the United States and does not have an office or place ofbusiness or a fiscal paying agent in the United States; (ii) Offeror is an agency or instrumentality of a state or local government;(iii) Offeror is an agency or instrumentality of a foreign government; or (iv) Offeror is an agency or instrumentality of theFederal Government. [02-2A140-1]

    VENDOR REGISTRATION MANDATORY (JAN 2006)You must have a state vendor number to be eligible to submit an offer. To obtain a state vendor number, visit

    www.procurement.sc.govand select New Vendor Registration. (To determine if your business is already registered, go to

    "Vendor Search"). Upon registration, you will be assigned a state vendor number. Vendors must keep their vendor

    information current. If you are already registered, you can update your information by selecting Change Vendor

    Registration. (Please note that vendor registration does not substitute for any obligation to register with the S.C.

    Secretary of State or S.C. Department of Revenue. You can register with the agencies at

    http://www.scbos.com/default.htm) [02-2A145-1]

    WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)Offers may be withdrawn by written notice received at any time before the exact time set for opening. If the Solicitation

    authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for opening. Abid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening, the identityof the person requesting withdrawal is established and the person signs a receipt for the bid. The withdrawal and correction ofOffers is governed by S.C. Code Section 11-35-1520 and Regulation 19-445.2085. [02-2A150-1]

    SAP

    II. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS

    CONTENTS OF OFFER (RFP) -- ITMO (JAN 2006)The contents of your offer must be divided into two parts, the technical proposal and the Price-Business Proposal. Each partshould be bound in a single volume. [02-2B035-1]

    CLARIFICATION (NOV 2007)

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    Pursuant to Section 11-35-1520(8), the Procurement Officer may elect to communicate with you after opening for the purposeof clarifying either your offer or the requirements of the solicitation. Such communications may be conducted only withOfferors who have submitted an offer which obviously conforms in all material aspects to the solicitation. Clarification of anoffer must be documented in writing and included with the offer. Clarifications may not be used to revise an offer or thesolicitation. [Section 11-35-1520(8); R.19-445.2080] [02-2B055-1]

    DISCUSSIONS and NEGOTIATIONSSubmit your best terms from both a price and a technical standpoint. Your proposal may be evaluated without any discussions.Ordinarily, nonresponsive proposals will be rejected outright. Nevertheless, the State may elect to conduct discussions,

    including the possibility of limited proposal revisions, but only for those proposals reasonably susceptible of being selected foraward. If improper revisions are submitted, the State may elect to consider only your unrevised initial proposal. [11-35-1530(6);R.19-445.2095(I)] The State will conduct negotiations, beginning with the highest ranked Offeror. The State may seek best andfinal offers, as provided in Section 11-35-1530(8).

    ON-LINE BIDDING INSTRUCTIONS (NOV 2007)(a) Mandatory Registration: For on-line bidding, you must register before you can submit an offer! See instructions inclause entitled "VENDOR REGISTRATION MANDATORY".

    (b) Steps for On-Line Bidding:#1 The link provided on the solicitation's Cover Page will take you to our web based on-line bidding system, where you willenter and/or upload your offer.#2 Follow the general user instructions posted atwww.procurement.sc.govunder the heading "Submitting Offers On-Line".

    [02-2B105-1]

    OPENING PROPOSALS -- PRICES NOT DIVULGED (JAN 2006)In competitive sealed proposals, prices will not be divulged at opening. [Section 11-35-1530 & R. 19-445.2095(c) (1)] [02-2B110-1]

    PROTEST - CPO - ITMO ADDRESS (JUNE 2006)Any protest must be addressed to the Chief Procurement Officer, Information Technology Management Office, and submittedin writing(a) by email [email protected],(b) by facsimile at 803-737-0102 , or(c) by post or delivery to 1201 Main Street, Suite 601, Columbia, SC 29201. [02-2B120-1]

    III. SCOPE OF WORK/SPECIFICATIONS

    Background:In 2012, the South Carolina Department of Revenue (DOR) was a victim of a security breach that exposed sensitivetaxpayer data to an unauthorized hacker located outside the United States. The State took a swift and aggressiveapproach toward protecting those affected by the breach, including the establishment of a contract with Experian to

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    acquire the ProtectMyID and Family Secure services. Approximately 1,456,820 persons enrolled in ProtectMyIDand 44,897 persons enrolled in the FamilySecure Plan.These enrollments will not be transferred from the incumbentcontractor to the contractor. In order to use the Taxpayer Services acquired by this contract, those persons will haveto activate their participation the same as any other Active Participant. (Notwithstanding the foregoing, theSolicitation does not expressly address the mechanics involved should the contract be awarded to the incumbent.)

    Activation Figures by Month/by Service:

    MonthYear ProtectMyID FamilySecureOctober 2012 493,479 -

    November 2012 413,590 1,991

    December 2012 96,816 20,234

    January 2013 234,957 9,721

    February 2013 94,548 5,438

    March 2013 123,120 3,998

    April 2013 233 1,764

    May 2013 59 1,690

    June 2013 18 61

    Total 1,456,820 44,897[The information in this table is based on information provided to the Using Governmental Unit by a third party. The Using GovernmentalUnit makes no representation as to its accuracy.]

    The State worked with Dun & Bradstreet Credibility Corporation to offer South Carolina businesses a CreditAlertproduct that alerts businesses to changes taking place in their business credit file. The State also worked withExperian to offer South Carolina businesses its Business Credit Advantage product. Business enrollments will notbe transferred.

    Definitions:The following definitions are applicable to all parts of the Solicitation.

    Eligible person means a taxpayer that filed a return with the DOR for any taxable year after 1997 and before

    2013, whether by paper or electronic transmission, or any person whose Personally Identifiable Information (PII)was contained on the return of another eligible person, including minor dependents. The State will have solediscretion to determine the identity of eligible persons.

    Active participant means every eligible person that voluntarily elects to activate their participation by agreeingto use the Taxpayer Services.Taxpayer Services means only that portion of the Work available to an eligible person after activation, includingwithout limitation, those listed below under the heading Products and Services.Business means any corporation, partnership, sole proprietorship, joint stock company, joint venture, orotherlegal entity that qualifies as an Eligible Person.Individual means any eligible person other than a business.

    Services Requested:

    Eligible persons must be able to activate the Taxpayer Services no later than October 24,

    2013.

    Products and Services - Individuals: Contractor must, at a minimum, offer the following products and services forindividuals:

    1. ID Theft Protectiona) Credit monitoring.

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    Daily monitoring of at least 1 of the 3 major credit bureaus.

    b) Identity theft monitoring.Services designed to address identity theft monitoring (other than credit monitoring).Examples might include, but are not limited to, the following (1) Internet Surveillance, suchas scanning black market or underground internet websites, to detect whether an active

    participants Personally Identifiable Information (PII), Social Security Number (SSN) orother confidential information (e.g., credit and debit card numbers, phone numbers, email

    addresses) is being used, (2) SSN monitoring, (3) Address change monitoring, (4) Non-credit/Payday loan monitoring.

    c) Notifications / Alerts of events related to all of the Products and Services identified above.

    2. ID Theft Resolution / Victim Assistancea) Active participants who are victims of identity theft may access a 24x7x365 staffed contact center

    that can provide identity theft resolution customer care services. Automated responses are notsatisfactory to provide 24x7x365 coverage.

    b) Provide trained identity theft resolution personnel to assist active participants who are victims ofidentity theft.

    c) Incidents are reviewed and an initial course of action started within 48 hours of the report of theoccurrence.

    3. Insurance CoverageContractor shall provide each active participant with identity theft insurance. Such insurance should cover,at a minimum, identity restoration costs, losses due to identity theft, lost wages and legal fees and expenses.Such insurance should be in an amount of not less than $1million per active participant, should be of a zerodeductible to active participants, and should remain in effect for no less than the duration of the otherTaxpayer Services. In the event Contractors underlying policy for identity theft insurance is terminated,Contractor shall notify all active participants in the manner provided below and shall have another policy ofequal value in place to ensure that there are no coverage gaps.

    Products and Services - Businesses: Contractor must offer products and services for businesses. The Using

    Governmental Unit seeks creative offerings for businesses:

    1. ID Theft ProtectionProducts and services designed to identify misuse of a businesss credit related information andnotification to businesses of such activity. No particular type of offering is required.

    2. ID Theft Restoration/Victim Assistancea. Active participants who are victims of identity theft may access a 24x7x365 staffed contact centerthat can provide identity theft resolution customer care services. Automated responses are notsatisfactory to provide 24x7x365 coverage.b. Provide trained resolution personnel to assist active participants who are victims of credit relatedinformation misuse.

    c. Incidents should be reviewed and an initial course of action started promptly after the report of theoccurrence.

    3. OtherOfferors are encouraged to offer any other products or services (e.g., identity theft insurance) that wouldprotect businesses.

    Outreach and Activation: Upon award, Using Governmental Unit will provide the Contractor with the name,address and the last four (4) digits of the social security number (SSN) for all individuals that qualify as eligiblepersons, and the tax ID number (TIN) and address for all businesses that qualify as eligible persons. Information

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    will be as reported to the Department of Revenue on the tax records that were compromised. Contractor mustquickly and efficiently activate all eligible persons that elect to activate their participation. Contractor shouldprovide a plan to accomplish this requirement. The plan should expressly address Contractors proposed efforts toeffectively engage and activate eligible persons that are dependents (including minors, adult dependents and personswith disabilities), employed by the military, living or working overseas, incarcerated, have no established creditrecords or histories, or become directly eligible (18 years of age) after the contract has been implemented. The planshould provide a method(s) for all eligible persons to activate their participation and indicate whether activation maybe done by email, web portal, US mail, telephone, or by a combination of these methods. Activation period during

    any given contract term will end one (1) month prior to the end of the then current term. The plan should pay specialattention to the following:

    1. Marketing and communication to all eligible persons and active participants.2. A simplified activation process specifically designed for eligible persons who are disabled and/or adult

    dependents.3. A method to engage, activate and/or continue activation for those who have been activated as a minor but

    turn 18 years of age during a contract term.4. A process to activate eligible persons via authorization through a tax return filed with the State at the

    option of the Using Governmental Entity.

    Customer Services: The State desires the highest quality of customer service to be offered to each eligible personand active participant covered under this contract. Preferably, customer service shall encompass all aspects of

    dealing with eligible persons and active participants. All customer service representatives shall treat all eligiblepersons and active participants with respect and offer assistance in resolving any issues, concerns, or complaints. Ifthe customer service representative cannot adequately address the concerns of an eligible person or activeparticipant, there should be some means to elevate the concern to a person of higher authority within Contractorsorganization without significantdelay.

    Contractor must, at a minimum, provide the following:1. Contractor must have resources available to assist, in a timely manner, eligible persons.2. Support centers and customer support personnel must be located in the continental United States.3. Toll free number dedicated solely for use by eligible persons and active participants.

    Reporting: In order to facilitate the Using Governmental Units reporting needs and statutory reporting

    requirements, Contractor shall provide the Using Governmental Unit with daily reports containing the number ofeligible persons activating the Taxpayer Services. Contractor shall also provide monthly reports containing thenumber of active participants (including type of service), all demographic data of active participants Contractormust otherwise acquire to perform the Work (e.g. zip code, age, number of children, dependents), recaps of thenumber and types of security alerts issued, the number and types of corrective action(s) taken for identify theftprotection and identity theft resolution, the number of telephone calls from either eligible persons or active

    participants (separately identified) answered by the Contractors call centers and average wait time experiencedby callers before speaking to Contractors representatives. Upon request by the Using Governmental Unit, thecontractor shall, unless prohibited by law, also provide the following information for purposes of administration ofthis contract or future contracts for similar services and verification of claimed tax deductions: For individuals,names, addresses, and last four (4) digits of SSNs of active participants; For businesses, names, addresses, andtaxpayer identification numbers (TINs) of active participants. To the extent reasonably possible also provide email

    addresses for both individuals and businesses. To the extent consent from the active participant is necessary toreport said information to the State, the Contractors must incorporate appropriate consent language in the activationprocess. All reports shall be submitted in a format acceptable to the Using Governmental Unit.

    Planning: Within two (2) weeks after final award, Contractor shall submit to the Using Governmental Unit forreview and approval a final marketing and communications plan, activation plan, and implementation plan:

    1. Marketing and communications plan shall include communication involved in outreach to eligiblepersons for Taxpayer Services and a timeline.

    2. Activation plan for the activities that will be performed by Contractor to quickly and efficiently activateeligible persons and a timeline for each activity.

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    3. Implementation plan for the activities required in Section III Scope of Work/Specifications and atimeline for each activity.

    Roles and Responsibilities of theUsing Governmental Unit:1. Using Governmental Unit will provide a data file of all eligible persons to the Contractor. The data file will

    include information outlined in the Outreach and Activation provision. The data file(s) will be in acomma-separated value (CSV) file format and will be sent securely using PKZip. Duplicate entries will beremoved from these files. To the extent reasonably possible, the files will be parsed so each field is

    separated and in the same format, e.g., designations such as Jr./Sr. may be included wi thin last name field.The files to be transferred will contain approximately 5.8 million individuals and 700,000 businesses. As

    provided in the definition for Eligible Persons, the solicitation provides: The State will have sole discretionto determine the identity of Eligible Persons.

    2. Using Governmental Unit will be responsible for the review and approval of all standard or scriptedcommunications to the general public, eligible persons, and active participants. This shall include, but notbe limited to, press releases, marketing plan, scripts, notification letters and web portal / web site content.Contractor shall not implement a standard communication prior to approval by the Using GovernmentalUnit.

    3. The Using Governmental Unit will not supply any personnel to perform the Work in this contract. All Workshall be performed by the Contractor.

    4. The Using Governmental Unit will approve the Contractor's implementation, marketing, communications,and activation plan and work with the Contractor to make adjustments to plans as necessary.

    IV. INFORMATION FOR OFFERORS TO SUBMIT

    INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (JAN 2006)Offeror shall submit a signed Cover Page and Page Two. Offeror should submit all other information and documentsrequested in this part and in parts II.B. Special Instructions; III. Scope of Work; V. Qualifications; VIII. BiddingSchedule/Price-Business Proposal; and any appropriate attachments addressed in section IX. Attachments toSolicitations. [04-4010-1]

    All provisions in Sections VIIA and VIIB are mandatory. You must expressly object to any

    provision of this Solicitation to which you take exception. If you take exception to the States

    mandatory terms and conditions, or submit conflicting terms within your offer, your offer will be

    deemed nonresponsive. The State will negotiate terms with the highest ranking Offeror, but cannot

    negotiate with a non-responsive Offeror.

    Offerors are cautioned not to submit Canned or Off-the-Shelf responses to this

    solicitation. Offerors response should reflect solutions that are tailored to the needs

    of South Carolina.

    CONTENT AND FORMAT OF PROPOSALThe items listed below represent the format and information to be included in the proposal. Your offer shouldinclude enough detail from the outline below to demonstrate a thorough understanding of the States needs, thecurrent environment, the scope of the project, and a well-developed plan for performance. Your offer should clearlyarticulate all your obligations to the State and explain how they will be performed. The proposals shall be organizedin the order specified in this RFP. A proposal that is not organized in this manner risks elimination fromconsideration. Failure to provide information requested by this RFP may result in rejection of the proposal.

    I. COMPLETED AND SIGNED COVER PAGE AND PAGE TWOII. TECHNICAL PROPOSAL

    A. PRODUCTS AND SERVICES:1. Provide a detailed description of your companys products and services that address the required

    identity theft protection services in Part III, Scope of Work. Provide a full explanation of your

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    identity theft protection services to include how they work, the information that is monitored, whatsources of information are monitored, and any other relevant information. Please clearly identifywhich of these services are offered to individuals and which are offered to businesses. Identify anyrisk to active participants unique to use of internet surveillance services.

    2. Provide an explanation of how your proposed services will protect active participants with no credithistories or reports.

    3. Provide a detailed description of any other identity theft products or services beyond the Statesrequired products and services your company will provide.

    4. Provide a detailed description of what prompts an alert and notification for each type of identitytheft protection service.5. Provide a detailed description of your companys identity theft resolution services. Specify services

    that will be provided to active participants who are victims of identity theft. Indicate whether the IDtheft resolution services will remain in place following the expiration of the contract. If so, indicatefor how long these services will remain in place and if they will be limited to active participantswith certain types of cases.

    6. Provide a detailed description of how your company will interact with active participants who arevictims of identity theft. The description should include but is not limited to:

    a. Description of methods of access for 24x7x365 identity theft resolution customer careservices.

    b. Training and certifications ofthe companys identity theft resolution personnel.c. Number of identity theft resolution personnel available to assist active participants.d. Average length of time to resolve identity theft cases to include the State requirement to

    start the initial course of actions within 48 hours of the report of the occurrence.B. NOTIFICATIONS:

    1. Describe the notification process and what methods will be used to notify active participants.Include the expected time between discovery of a potential identity threat and notification of thatthreat to the active participant.

    2. Include samples of the various methods of the actual notification communications transmitted toactive participants.

    C. INSURANCE COVERAGE:1. Specify the items your companys identity theft insurance policy will cover and describe any

    limitations or exclusions. Specify what actions active participants will need to take to be able to

    recover their covered losses. Provide a copy of the policy you propose to offer.D. ACTIVATION:1. Describe in detail your companys activation process to include your strategy and timeline (to

    include time allotted to fully test processes) to allow eligible persons to activate the TaxpayerServices. Preferably, the description would include the following:

    a. Activation process for eligible persons who are adult taxpayers or businesses.b. Activation process for eligible persons who are minor dependents of adult taxpayers.c. Activation process for eligible persons who are enrolled minor dependents but will turn 18

    years of age during the contract period.d. Activation process for eligible persons who are disabled and/or adult dependents.e. Activation process for eligible persons who activate Taxpayer Services through a tax return

    filed with the State.

    f.

    Indicate if the activation process differs by product or service.g. The number of staff company will assign to the activation process.2. Indicate all information eligible persons must provide to activate the Taxpayer Services. Indicate if

    the required information differs by product or service.3. Include a sample of the actual communication used to activate eligible persons. Also include a

    sample of communications used to confirm activation with eligible persons electing to activate ontheir State of South Carolina tax return. Offerors are reminded that many eligible persons may nothave ready access to an appropriately secure internet connection.

    E. CUSTOMER SERVICE:1. Describe the operations of your companys contact center to include the following:

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    a. Hours of operation, in Eastern Time (ET).b. Location of contact center.c. Explain the methods that Contractor and active participants will use to communicate.d. Number of companys customer support staff dedicated to serving eligible persons covered

    under this contract.e. The training and certifications of customer support staff.

    2. Describe the proposed standards for the operation of the contact center for all methods ofcommunication to include, but not limited to:

    a. Daily measure of blocked telephone calls (busy signals).b. Abandoned call rate.c. Service level measures (% of contacts answered in a specified period of time).d. Transfer rate.e. First time resolution rate (one and done rate where customer is not transferred to another

    person or does not need to make future contact to resolve an issue or question).F. REPORTING:

    1. Include draft copies of all reports required in Part III, Scope of Work.G. PROJECT OVERVIEW:

    1. Marketing Approach: Explain your strategy and a timeline for marketing to all eligible persons adescription of the Taxpayer Services and how they can activate their participation. At a minimum,

    the strategy should include:a. Sample marketing communications to all eligible persons. Samples should be provided foreach communication method.b. Proposed methods of communicating with all eligible persons.c. Description of the objectives to be accomplished with the marketing strategy.d. Description of key activities, dependencies, and milestones.

    2. Communications Approach: Include your strategy for communicating with all active participants.At a minimum, the strategy should include:

    a. Sample communications to active participants. Samples should be provided for eachcommunication method.

    b. Proposed methods of communicating with active participants.c.

    Description of the objectives to be accomplished with the communications.

    3. Implementation Approach: Include your strategy and a timeline for your overall implementation ofthe activities required in Section III, Scope of Work. At a minimum, it shall include a descriptionof key activities, dependencies, milestones and number of staff involved.

    H. INFORMATION SECURITY:1. Describe your companys data security plan and how this approach will benefit the State of South

    Carolina and provide security for the government information (as defined in this solicitation) youacquire. Offeror must submit a signed copy of the Service Provider Security AssessmentQuestionnaire, which is attached to the solicitation.

    2. Describe what your company does at the end of the contract with the data that the State or activeparticipants has provided to you.

    I.

    OTHER:1. Describe your companys contract management strategy.2. Identify any work, services, or products that are subcontracted. Provide the names of

    subcontractors and the locations of the subcontractors, including the location of subcontractorpersonnel who will work on products or services provided for in this contract.

    3. Describe your companys process to transition smoothly from the States current vendors servicesand products to yourcompanys services and products if the State awards the contract to a differentvendor.

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    4. Privacy Policy: Provide a complete copy of every privacy policy that will apply to any interactionbetween you or your subcontractors, at any tier, and an eligible person. For each privacy policyprovided, explain the circumstances in which it applies.

    5. End User Agreements: Provide a copy of every agreement you intend to require or invite anyeligible person to enter. For each agreement provided, identify whether the agreement must beagreed to as a condition of activation or use of Taxpayer Services.

    6. Free Services: Provide a list, and identify as such, any services you are offering to provide that areavailable to eligible persons for free under state or federal law. Your attention is directed to Section

    2(B) of the capital reserve fund appropriation act, 2013 H. 3711, Ratification No. 121, which can befound at the following URL:http://scstatehouse.gov/sess120_2013-2014/bills/3711.htm.

    7. Cyber Insurance: Identify and explain any first and third party cyber insurance coverage you havethat would protect you or the using governmental body, directly or indirectly, regarding liabilities orcosts such as network security liability, privacy liability, or identity theft notification costs. Pleaseexplain whether the using governmental unit will be named as an additional insured and whetheryou are willing to provide us with a copy of the policy and the declarations page.

    III.QUALIFICATIONS & EXPERIENCEA. Please provide all information requested by the clause entitled QualificationsRequired Information,

    appearing in Part V of this solicitation. This information will be evaluated. Be thorough.IV.PRICE - BUSINESS PROPOSAL

    A. You must submit a completed Price Proposal Schedule using the form as it appears in Section VIII. Theinformation requested in the Optional Schedule under the heading Optional Services Pricing is notrequired.

    SERVICE PROVIDER SECURITY ASSESSMENT QUESTIONNAIRE

    The State will provide, as described in this solicitation, certain citizen and business data so that the Contractor may determinethe eligibility of applicants. SC citizens and businesses may also provide additional private and protected information in orderto validate their eligibility and activate their participation in the Contractors proposed ID theft prevention program. TheContractor must demonstrate that programs, policies and procedures are in place to securely collect, manage, store, process andaccess all SC related data that is collected or created as a result of providing the Contractors proposed services. In order for theState to accurately evaluate the strength and viability of the Contractors security policies, procedures and practices related todata security, usage and privacy, Offerors must provide a thorough and complete written response to the Service Provider

    Security Assessment Questionnaire (Response to SPSAQ) attached to this Solicitation.

    Service Provider Security Representation

    Offeror (i) warrants that the Work will be performed, and any computerized infrastructure containing government information(as defined in this solicitation) will be maintained in substantial conformity with the information provided in OfferorsResponse to SPSAQ; (ii) agrees to provide the Using Governmental Unit with prompt notice of any material variation inoperations from that reflected in the Response to SPSAQ; and (iii) agrees that any material deficiency in operations from thoseas described in the Response to SPSAQ will be deemed a material breach of the contract.

    MINORITY PARTICIPATION (JAN 2006)Is the bidder a South Carolina Certified Minority Business? [ ] Yes [ ] No

    Is the bidder a Minority Business certified by another governmental entity? [ ] Yes [ ] No

    If so, please list the certifying governmental entity: _________________________

    Will any of the work under this contract be performed by a SC certified Minority Business as a subcontractor? [ ] Yes [ ] No

    If so, what percentage of the total value of the contract will be performed by a SC certified Minority Business as asubcontractor? _____________

    Will any of the work under this contract be performed by a minority business certified by another governmental entity as asubcontractor? [ ] Yes [ ] No

    http://scstatehouse.gov/sess120_2013-2014/bills/3711.htmhttp://scstatehouse.gov/sess120_2013-2014/bills/3711.htmhttp://scstatehouse.gov/sess120_2013-2014/bills/3711.htmhttp://scstatehouse.gov/sess120_2013-2014/bills/3711.htm
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    If so, what percentage of the total value of the contract will be performed by a minority business certified by anothergovernmental entity as a subcontractor? _____________

    If a certified Minority Business is participating in this contract, please indicate all categories for which the Business is certified:

    [ ] Traditional minority[ ] Traditional minority, b