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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

ARNOLD SCHWARZENEGGER, Governor

CALIFORNIA DEPARTMENT OF CHILD SUPPORT SERVICES


P.O. Box 419064, Rancho Cordova, CA 95741

INVITATION FOR BIDS Notice to Prospective Bidders

June 27, 2008 To All Prospective Bidders: You are invited to review and respond to this Invitation for Bid (IFB), entitled IFB-CSSD #168, Maintenance of the Child Support Guideline Calculator (GC). In submitting your bid, you must comply with the instructions found herein. Note that all agreements entered into with the State of California will include by reference General Terms and Conditions and Contractor Certification Clauses that may be viewed and downloaded at Internet site: http://www.ols.dgs.ca.gov/Standard+Language/default.htm. If you do not have Internet access, a hard copy can be provided by contacting the person listed below. In the opinion of the Department of Child Support Services (DCSS), this Invitation for Bids is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, the contact person for this IFB is: Shauna Ladd Department of Child Support Services Contracts and Procurement Section 11040 White Rock Road Rancho Cordova, CA 95741 Shauna.ladd@dcss.ca.gov

Please note that no verbal information given will be binding upon the State unless such information is issued in writing as an official addendum.

Shauna Ladd Contract Administrator Reasonable Accommodation: To comply with the non-discrimination requirements of the Americans with Disability Act (ADA), it is the policy of the State to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you may the DCSS contact above. To ensure that we can meet your need, it is best that we receive your request for reasonable modification at least five working days before the scheduled event or the due date of procurement documents.

Department of Child Support Services IFB CSSD #168

Table of Contents
Section Page

A) Purpose and Description of Services .............................................. .3 B) Bid Requirements and Information ................................................................ ..3 1) 2) 3) 4) 5) 6) Key Action Dates .3 Submission of Bid.4 Evaluation and Selection.5 Award and Protest5 Disposition of Bid..6 Agreement Execution and Performance ..6

C) Administrative Requirements.6 D) Preference and Participation Programs7 E) Required Attachments 8 1) Required Attachment Check List.. 8 2) Bid/Bidder Certification Sheet .. 9 3) Cost Sheet ................................................................................................. 11 4) Bidder References ..................................................................................... 12 5) List of Subcontractors ................................................................................ 13 6) Payee Data Record (STD 204) ................................................................. 14 7) Contractor's Certification Clauses (CCC) (page 1) .................................... 15 8a) Small Business/Non Small Business Preference...16 8b) Small Business/DVBE Commercially Useful Function17 F) Sample Standard Agreement (STD 213) ......................................................... 18 1) 2) 3) 4) Exhibit A, Scope of Work ...................................................................... 19-21 Exhibit B, Budget Detail and Payment Provisions ..................................... 22 Exhibit B.1, Cost Worksheet ...................................................................... 23 Exhibit D, Special Terms and Conditions................................. 24-25

Department of Child Support Services IFB CSSD #168

A) Purpose and Description of Services The purpose of this invitation for Bid (IFB) is to establish a one year contract for services of a Certified Public Accountant (CPA) to assist in the maintenance of the Child Support Guideline Calculator (GC). The GC is a tool that is used by Child Support Caseworkers to determine an appropriate amount of Child Support to be paid by a child support payer, (California Rules of Court, Section 5.275), (located at http://www.courtinfo.ca.gov/rules/) and requires that a CPA certify that the calculator accurately estimates the actual tax liability consistent with state and federal laws as described in the attached Exhibit A, Scope of Work(SOW). B) Bid Requirements and Information 1) Key Action Dates

Event

Date

Time

IFB available to prospective bidders

06/30/08

Written Questions Due

07/15/08

4:00 P.M.

DCSS responses to all written questions

07/17/08

Final Date for Bids Submission

07/22/08

2:00 P.M.

Bid Opening

07/22/08

2:05 P.M.

Notice of Intent to Award

07/23/08

Proposed State Date of Agreement

08/01/08

The anticipated term of this Agreement is August 1, 2008 through July 31, 2009. The date of contract approval by the DCSS, however, shall be the governing factor as to the date of commencement.

Department of Child Support Services IFB CSSD #168

2) Submission of Bid

a) All bids must be submitted under sealed cover and sent to Department of Child Support Services by dates and times shown in Section C, Bid Requirements and Information, Item 1) Key Action Dates, (page 3). The sealed cover must be plainly marked with the IFB number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", as shown below IFB CSSD 168 Child Support Guideline Calculator Department of Child Support Services Contracts & Procurements Section, MS 20 P.O. Box 419064* 11140 White Rock Road (Deliver to mailroom**) Rancho Cordova, CA 95741 Attention: Shauna Ladd DO NOT OPEN DUE: July 22, 2008, 2:00 P.M. *For U.S. Mail, please use P.O. Box. Use street address for all other mail. ** Mailroom is the roll-up door near the center rear of building. There is a phone box and contact phone numbers if no one is present. Bids not submitted under sealed cover may be rejected. Two (2) copies of the bid must be submitted. b) All bids shall include the documents identified in Attachment 1, Required Attachment Checklist. Bids not including the proper "required attachments" shall be deemed non-responsive. A non-responsive bid is one that does not meet the basic bid requirements. c) All documents requiring a signature must bear an original signature of a person authorized to bind the bidding firm. d) Bids must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a bid to be rejected. e) A bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. The DCSS may reject any or all bids and may waive an immaterial deviation in a bid. The DCSS waiver of an immaterial deviation shall in no way modify the IFB document or excuse the bidder from full compliance with all requirements if awarded the agreement. f) Costs incurred for developing bids and in anticipation of award of the agreement are entirely the responsibility of the bidder and shall not be charged to the DCSS.

g) An individual who is authorized to bind the bidder contractually shall sign the Attachment 2, Bid/Bidder Certification Sheet. The signature should indicate the title or position that the individual holds in the firm. An unsigned bid may be rejected. h) A bidder may modify a bid after its submission by withdrawing its original bid and resubmitting a new bid prior to the bid submission deadline. Bidder modifications offered in any other manner, oral or written, will not be considered. i) A bidder may withdraw its bid by submitting a written withdrawal request to the DCSS, signed by the bidder or an authorized agent. A bidder may thereafter submit a new bid prior to the bid submission deadline. Bids may not be withdrawn without cause subsequent to bid submission deadline. 4

Department of Child Support Services IFB CSSD #168

j)

DCSS may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum to all parties who received a bid package.

k) DCSS reserves the right to reject all bids. The agency is not required to award an agreement. l) Before submitting a response to this solicitation, bidders should review, correct all errors and confirm compliance with the IFB requirements.

m) Where applicable, bidder should carefully examine work sites and specifications. Bidder shall investigate conditions, character, and quality of surface or subsurface materials or obstacles that might be encountered. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications. o) The DCSS does not accept alternate contract language from a prospective contractor. A bid with such language will be considered a counter proposal and will be rejected. The States General Terms and Conditions (GTC) are not negotiable. p) No oral understanding or agreement shall be binding on either party.

3) Evaluation and Selection

a) At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB. b) The DCSS will evaluate each bid to determine its responsiveness to the published requirements. c) Bids that contain false or misleading statements, or which provide references, which do not support an attribute or condition claimed by the bidder, may be rejected. d) Award if made, will be to the lowest responsive responsible bidder. 4) Award and Protest

a) Whenever an agreement is awarded under a procedure, which provides for competitive bidding, but the agreement is not to be awarded to the low bidder, the low bidder shall be notified by telegram, electronic facsimile transmission, overnight courier, or personal delivery five (5) working days prior to the award of the agreement. b) Upon written request by any bidder, notice of the proposed award shall be posted in a public place in the office of the awarding agency at least five (5) working days prior to awarding the agreement. c) If any bidder, prior to the award of agreement, files a written protest with the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605 and the DCSS on the grounds that the (protesting) bidder is the lowest responsive responsible bidder, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. d) Within five (5) days after filing the initial protest, the protesting bidder shall file with the Department of General Services and the awarding agency a detailed written statement specifying the grounds for the protest. The written protest must be sent to the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, California 95605. A copy of the detailed written statement 5

Department of Child Support Services IFB CSSD #168

must also be mailed to the Chief, Contracts and Procurement Section at DCSS, P.O. Box 419064, MS 20, Rancho Cordova, CA 95741. It is suggested that you submit any protest by certified or registered mail.

5) Disposition of Bids a) Upon bid opening, all documents submitted in response to this IFB will become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public. b) Bid packages may be returned only at the bidder's expense, unless such expense is waived by the DCSS.

6) Agreement Execution and Performance a) Performance shall start not later than five (5) days, or on the express date set by the DCSS and the Contractor, after all approvals have been obtained and the agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the DCSS for the difference between Contractor's bid price and the actual cost of performing work by the second lowest bidder or by another contractor. b) All performance under the agreement shall be completed on or before the termination date of the agreement.

C) Administrative Requirements Prospective bidders are required to meet all of the following administrative requirements in order to be considered responsive to this solicitation: 1. COST SHEET Bidders must complete Attachment 3, Cost Sheet, following the Steps for each service category, sign and submit with their bid. 2. REFERENCES Bidders must provide a minimum of three customer references that are current within the last three years. These references must have received services that were similar in the scope and nature of the services being requested in this solicitation. DCSS may contact any or all references during the evaluation process. Bidders must complete Attachment 4, Bidder References. 3. SUB-CONTRACTING If the Contractor is using sub-contractors, the firm name, contact person, address (including city/state/zip) and a telephone and fax number must be listed in Attachment 5. Performance by subcontractors are the sole responsibility of the prime contractor and are subject to ALL of the requirements, terms and conditions, and procedures detailed in this IFB. 4. PAYEE DATA RECORD Bidders must complete the Payee Data Record (Std. 204) Attachment 6 and submit it with the final bid response. This form provides information necessary for the State to determine if the successful vendor is subject to state income tax withholding pursuant to California Revenue and Taxation Code. 5. CONTRACTOR CERTIFICATION CLAUSES (CCC 307) 6

Department of Child Support Services IFB CSSD #168

Bidders must read, understand, and agree to various certifications contained in Attachment 7. These certifications are required by law and failure to sign and comply with these requirements is cause for a bid to be rejected.

D) Preference and Participation Programs 1) Small Business Enterprise (SBE): The Small Business regulations, located in the California Code of Regulations, (Title 2, Division 2, Chapter 3, Subchapter 8, Section 1986 et seq.), concerning the application and calculation of the small business preference, small business certification, responsibilities of small business, department certification, and appeals are revised, effective 9/9/04. The new regulations can be viewed at www.pd.dgs.ca.gov/smbus. For those without Internet access, a copy of the regulations can be obtained by calling the Office of Small Business and DVBE Services at (916) 375-4940. 2) Small Business Certification: Bidders claiming the small business preference must be certified by California as a small business or must commit to sub-contract at least 25% of the net bid price with one or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00p.m., on the bid due date, and the service agencies (SB/NVSA) claiming the small business preference must possess certification by California prior to the day and time bids are due. Questions regarding certification should be directed to the OSDS at (916) 375-4940. 3) Non-Small Business Subcontractor Preference: A 5% preference is now available to a non-small business claiming 25% California certified small business subcontractor participation. 4) Small Business Nonprofit Veteran Service Agencies (SB/NVSA): SB/NVSA prime bidders meeting requirements specified in the Military and Veterans Code Section 999.50 et seq. and obtaining a California certification as a small business are eligible for the 5% small business preference. 5) Attachment 8 with Bid Required if Claiming the Small Business Preference: All bidders must complete and include the Declaration Form. If claiming the non-small business subcontractor preference, the form must list all of the California certified small businesses with which you commit to subcontract in an amount of at least twenty-five percent (25%) of the net bid price. All certified small businesses must perform a commercially useful function in the performance of the contract as defined in Government Code Section 14837(d)(4). 6) Disabled Veteran Business Enterprise Participation Program (DVBE) Requirements DCSS is waiving the DVBE requirement for IFB, CSSD 168. For more information about the DVBE program, contact the OSDC at (916) 375-4940, or visit their Internet site at: http://www.pd.dgs.ca.gov/smbus.

E) Required Attachments Refer to the following pages for additional Required Attachments that are a part of this agreement.

Department of Child Support Services IFB CSSD #168

ATTACHMENT 1

REQUIRED ATTACHMENT CHECK LIST

As a convenience to prospective bidders, the checklist below is provided to assist bidders in preparing their response to this IFB. Bidders should not rely solely on this checklist to ensure that their bid is complete and responsive. Bidders are strongly encouraged to read the entire solicitation document to be assured they have met all requirements of this IFB.

Description Bid/Bidders Certification Cost Sheet Customer References Sub-Contractors Payee Data Record Contractor Certification Clauses (CCC 307) Small Business/Non-Small Business Preference (if applicable) Declaration Form (if applicable)

Attachment 2 3 4 5 6 7 8a 8b

Signature Required Yes Yes No No Yes Yes Yes Yes

**If vendor is small business, please include the Small Business Certification

Department of Child Support Services IFB CSSD #168

ATTACHMENT 2 BID/BIDDER CERTIFICATION SHEET This Bid/Bidder Certification Sheet must be signed and returned along with all the "required attachments" as an entire package in duplicate with original signatures. The bid must be transmitted in a sealed envelope in accordance with IFB instructions. Do not return Section B, Bid Requirements and Information (pages 3 through 6) nor the "Sample Agreement" at the end of this IFB.

A. B. C.

Our all-inclusive bid is submitted as detailed in Attachment 3, Cost Sheet. All required attachments are included with this certification sheet. The signature affixed hereon and dated certifies compliance with all the requirements of this bid document. The signature below authorizes the verification of this certification. An Unsigned Bid/Bidder Certification Sheet May Be Cause For Rejection

1. Company Name 3. Address Indicate your organization type: 4. Sole Proprietorship

2. Telephone Number ( )

2a. Fax Number ( )

5.

Partnership

6.

Corporation

Indicate the applicable employee and/or corporation number: 7. Federal Employee ID No. (FEIN) 8. California Corporation No. 9. Indicate applicable license and/or certification information:

10. Bidders Name (Print) 12. Signature

11. Title 13. Date

14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSBCR) as: a. California Small Business No b. Disabled Veteran Business Enterprise Yes Yes If yes, enter your service code below: No If yes, enter certification number: NOTE: A copy of your Certification is required to be included if either of the above items is checked Yes. Date application was submitted to OSBCR, if an application is pending:

Department of Child Support Services IFB CSSD #168

Completion Instructions for Bid/Bidder Certification Sheet

Complete the numbered items on the Bid/Bidder Certification Sheet by following the instructions below. Item Number s 1, 2, 2a, 3 4

Instructions

Must be completed. These items are self-explanatory.

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business. Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit. Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals. Enter your federal employee tax identification number. Enter your corporation number assigned by the California Secretary of States Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California. Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured. Must be completed. These items are self-explanatory.

10, 11, 12, 13

14

If certified as a California Small Business, place a check in the "Yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.

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Department of Child Support Services IFB CSSD #168

ATTACHMENT 3 EXHIBIT B.1 COST WORKSHEET BUDGET DETAIL (title used in Agreement)

CONTRACTOR The undersigned Contractor, as bidder, declares that he/she had carefully examined the specifications and general conditions therefore, read the bid and is familiar with all requirements, and agrees, if the bid is accepted, to complete the services in accordance with the Agreement Documents, in the time stated herein amounting to the total of:

Item Hourly Rate of $______________________

Estimated Hours* 25 hours per month

Monthly Total Costs

Total Contract Amount = $___________________Monthly Cost x 12 months = $____________________ * Estimated number of hours. Contractor will be paid for actual hours performed under this contract. Bid amount to include and cover all costs to perform all work in the manner set forth, described and shown in the Scope of Work.

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Department of Child Support Services IFB CSSD #168

ATTACHMENT 4 BIDDER REFERENCES Submission of this attachment is mandatory. Failure to complete and return this attachment with your bid will cause your bid to be rejected and deemed nonresponsive.

List below three references for services performed within the last five years, which are similar to the scope of work to be performed in this contract.

REFERENCE 1 Name of Firm Street Address Contact Person Dates of Service Brief Description of Service Provided City State Telephone Number Value or Cost of Service Zip Code

REFERENCE 2 Name of Firm Street Address Contact Person Dates of Service Brief Description of Service Provided City State Telephone Number Value or Cost of Service Zip Code

REFERENCE 3 Name of Firm Street Address Contact Person Dates of Service Brief Description of Service Provided City State Telephone Number Value or Cost of Service Zip Code

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Department of Child Support Services IFB CSSD #168

ATTACHMENT 5 SUB-CONTRACTOR PARTICIPATION (if any) Complete for each Sub-contractor participant. Use multiple sheets if necessary. SOW Position Title: Firm Name: Sub-Contractor Consultant Name: Address: Telephone/Fax: Email Address: SOW Position Title: Firm Name: Sub-Contractor Consultant Name: Address: Telephone/Fax: Email Address: / /

SOW Position Title: Firm Name: Sub-Contractor Consultant Name: Address: Telephone/Fax: Email Address: SOW Position Title: Firm Name: Sub-Contractor Consultant Name: Address: Address: Telephone/Fax: Telephone/Fax: Email Address: / / /

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Department of Child Support Services IFB CSSD #168

ATTACHMENT 6 PAYEE DATA RECORD

The Payee Data record is available online at Payee Data Record (http://www.documents.dgs.ca.gov/osp/pdf/std204.pdf). This is a .pdf fill and print form. You must have Adobe Acrobat 4.0 or higher to use this feature. It is acceptable to print the form and complete it manually.

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Department of Child Support Services IFB CSSD #168 ATTACHMENT 7 Contractor Certification Clauses (CCC) 307 The CCC can be found on the Internet at www.ols.dgs.ca.gov/Standard+Language. Please read, sign and submit with your bid.

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Department of Child Support Services IFB CSSD #168 ATTACHMENT 8a SMALL BUSINESS PREFERENCE Section 14835, et. seq. of the California Government Code requires a 5% preference be given to bidders who qualify as a small business. The rules and regulations of this law, including the definition of a small business for the delivery of goods and services, are contained in Title 2, California Code of Regulations, Section 1896, et. seq. A copy of the regulations is available upon request from the Office of Small Business and Disabled Veteran Business Enterprise Certification, or at http://www.oal.ca.gov/ To claim the small business preference, which may not exceed $50,000 for any bid, the firm must have its principal place of business located in California, have a complete application (including proof of annual receipts) on file with the State Office of Small Business Certification and Resources by 5:00 p.m. on the bid due date and be verified by such office. Questions regarding the preference approval process should be directed to the Office of Small Business Certification and Resources at 1-800-559-5529 or at http://www.pd.dgs.ca.gov/smbus PART 1 ALL BIDDERS, PLEASE CHECK THE APPROPRIATE LINE BELOW: _____ I am a California Certified Small Business and the preference is applicable to this bid. A copy of my certification from the Office of Small Business and Disabled Veteran Business Enterprise Certification is attached. _____ I have recently filed for Small Business Certification in California but have not yet received it. PART 2 The required list of California certified small business subcontractors must be attached to this response. Please complete Attachment 5 listing any subcontractors participating in this solicitation. _____ I am claiming the 5% non-small business preference and agree to subcontract as least 25% of the net bid price with one or more California certified small businesses listed on Attachment 5.

NAME OF BIDDER (please print): _____________________________________________________________________

Signature: _____________________________________________________________________

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Department of Child Support Services IFB CSSD #168

ATTACHMENT 8b Small Business and DVBE Commercially Useful Function Failure to sign this Declaration is grounds for rejection of this bid.

DECLARATION The undersigned as an authorized representative of the supplier submitting this proposal, hereby declares that this firm is providing a commercially useful function to the State of California as defined in Government Code 14837(d)(4) and Military and Veterans Code 999(e)(2). The undersigned declares under the penalty of perjury that the above statement is true and correct.

___________________________________________ Signature of Authorized Representative ___________________________________________ Date

________________________________ Printed Name

Failure to sign this Declaration is grounds for rejection of this proposal.

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State of California STANDARD AGREEMENT


STD 213 (Rev 06/03)

Department of Child Support Services IFB CSSD #168


AGREEMENT NUMBER

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME

Department of Child Support Services (DCSS)


CONTRACTOR'S NAME

Contractors Name 2. The term of this Agreement is: 3. The maximum amount of this Agreement is: August 1, 2008 through July 31, 2009

$ TBD

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A Scope of Work 6pages

Exhibit B Budget Detail and Payment Provisions Exhibit B.1 Cost Sheet Exhibit C* General Terms and Conditions Exhibit D Special Terms and Conditions

2 page(s) 1 page(s) GTC-307 2 page(s) )

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR
CONTRACTORS NAME (if other than an individual, state whether a corporation, partnership, etc.)

California Department of General Services Use Only

Contractors Name
BY (Authorized Signature) DATE SIGNED(Do not type)

"
PRINTED NAME AND TITLE OF PERSON SIGNING

Person signing agreement


ADDRESS

Company Address STATE OF CALIFORNIA


AGENCY NAME

Department of Child Support Services


BY (Authorized Signature) DATE SIGNED(Do not type)

"
PRINTED NAME AND TITLE OF PERSON SIGNING

Patti Mizutani, Contracts & Procurements Section


ADDRESS

P.O. Box 419064 Rancho Cordova, CA 95741-90 18

Department of Child Support Services IFB CSSD #168 EXHIBIT A SAMPLE STATEMENT OF WORK SCOPE OF WORK 1. (Name of Business), hereinafter Contractor, will supply the services of a Certified Public Accountant (CPA) to assist in the maintenance of the Child Support Guideline Calculator (GC) for the Department of Child Support Services (DCSS). The GC is a tool that is used by Child Support Caseworkers to determine an appropriate amount of Child Support to be paid by a child support payer (California Rules of Court, Section 5.275), (located at http://www.courtinfo.ca.gov/rules/) and requires that a CPA certify that the calculator accurately estimates the actual tax liability consistent with state and federal laws. The term of this Agreement shall be from August 1, 2008 through July 31, 2009. The designated CPA shall be available Monday through Friday, normal business hours, excluding state holidays, or at such times that are mutually agreeable to the DCSS and the Contractor. The Project Coordinators during the term of this agreement will be: Department of Child Support Services P.O. Box 419064 Rancho Cordova, CA 95741-9064 Phone: 916-464-4884 Direct all Agreement inquiries to: Department of Child Support Services Contracts & Procurements Section Shauna Ladd P.O. Box 419064 Rancho Cordova, CA 95741-9064 Phone: 916-464-3454 Fax: 916-464-3408 e-mail: shauna.ladd@dcss.ca.gov 5. Contractor Contact Name Address Phone: Fax: e-mail: Contractor Contact Name Address Phone:

2. 3.

4.

The Contractor shall provide the State with the following certifications, licenses and qualifications, at time of bid submission: Certified Public Accountant Knowledge of Federal and State Income and Employment Tax Laws Education Achievement (i.e. Degrees or special certifications) Membership in professional organizations (if any) Ability to meet task and project schedules

6.

The CPA will work with DCSS to ensure published and accurate actual tax liabilities are included in the Child Support GC. The CPA shall become familiar with the operation of the GC software developed by CCSAS project staff in order to certify the accuracy of the calculators state and federal tax calculations. This includes: A. B. Reviewing and analyzing CSE system screen prints and word documents provided by CSE System. Testing the calculations made by the calculator to validate that they are accurate.

7.

19

C.

Department of Child Support Services IFB CSSD #168 Attending meetings, either at DCSS or over the phone, as required by DCSS and assisting in answering questions regarding the tax calculations. Providing advice to DCSS in making policy decisions regarding the operation of the GC either orally or in writing.

D.

8.

The CPA shall notify DCSS Project Coordinator, Cindi Pocoroba, of federal and state tax law changes at least quarterly, in letter format (see Exhibit A.2 sample tax change table) sent via e-mail, fax or USPS. For the term of this contract, the CPA shall produce the following deliverables on the following dates: Estimate for 2008 Tax Updates Deliverable In a format acceptable (see Exhibit A.3 - sample Excel spreadsheet and explanation letter) to DCSS, an update to the tax calculation reference data spread sheet with tax data for 2009 as published by Internal Revenue Service and projected 2009 California Franchise Tax Board state tax data. Certification Statement, signed by Contractor, required by California rule of Court, rule 5.275. The Statement shall state that: (1) The accountant is familiar with the operation of the software; (2) The accountant has carefully examined, in a variety of situations, the operation of the software in regard to the computation of tax liability; (3) In the opinion of the accountant the software accurately calculates the estimated actual state and federal income tax liability consistent with Internal Revenue Service and Franchise Tax Board procedures; (4) In the opinion of the accountant the software accurately calculates the deductions under the Federal Insurance Contributions Act (FICA), including the amount for social security and for Medicare, and the deductions for California State Disability Insurance and properly annualizes these amounts; and (5) States which calendar year the statement includes and must clearly indicate any limitations on the statement. Due September 5, 2008

9.

A.

B.

October 31, 2008

C.

D. E.

Actual 2008 and 2009 Tax Update Deliverables In a format acceptable (see Exhibit A.3 - sample Excel spreadsheet and explanation letter) to DCSS, an update to the tax calculation reference data spread sheet with tax law changes for 2008. A description of tax law changes for 2008 not included in the tax calculation reference data spread sheet (see Exhibit A.2 sample tax change). A description of guideline calculator formula changes that must be incorporated into the Guideline calculator to implement tax law changes described in D above.

November 15, 2008

November 15, 2008 November 15, 2008

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Department of Child Support Services IFB CSSD #168 F. Certification Statement, signed by Contractor, required by California rule of Court, rule 5.275. The Statement shall state that: (1) The accountant is familiar with the operation of the software; (2) The accountant has carefully examined, in a variety of situations, the operation of the software in regard to the computation of tax liability; (3) In the opinion of the accountant the software accurately calculates the estimated actual state and federal income tax liability consistent with Internal Revenue Service and Franchise Tax Board procedures; (4) In the opinion of the accountant the software accurately calculates the deductions under the Federal Insurance Contributions Act (FICA), including the amount for social security and for Medicare, and the deductions for California State Disability Insurance and properly annualizes these amounts; and (5) States which calendar year the statement includes and must clearly indicate any limitations on the statement. It is mutually agreed that either party may cancel the Interagency Agreement upon 30 days advance notification in writing.

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Department of Child Support Services IFB CSSD #168

SAMPLE EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment A. For services satisfactorily rendered, and upon receipt and approval of the invoices, DCSS agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified in the attached Exhibit B.1, Budget Detail. The rates agreed upon in this contract will not increase for the term of this Agreement. B. Invoices shall include the Agreement Number and shall be submitted in duplicate not more frequently than monthly in arrears to: DEPARTMENT OF CHILD SUPPORT SERVICES Contract Fiscal Support Unit P.O. BOX 419064, MS-22 Rancho Cordova, CA 95741-9064 Invoices not containing this information may be returned with requests for the inclusion. 2. State Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 3. For Contract With Federal Funds A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of Congressional appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made. B. This Agreement is valid and enforceable only if sufficient funds are made available to the DCSS by the United States Government for the term of this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms, or funding of this Agreement in any manner. C. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. D. The DCSS has the option to void the Agreement under the 30-day cancellation clause or to amend the Agreement to reflect any reduction of funds. 4. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. 5. Final Billing Final billing for services must be received by the State within 90 days following the end of the contract. 22

Department of Child Support Services IFB CSSD #168 COST WORKSHEET (Exhibit B.1) (Placed here upon award of contract)

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Department of Child Support Services IFB CSSD #168 SAMPLE EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Termination Without Cause: This Agreement may be terminated without cause by DCSS upon 30 days written notice to the other party. A. Both parties will accept responsibility for receiving, replying to and/or complying with any audit exceptions by appropriate State and Federal audit agencies that are directly related to the services to be performed under this Agreement. In addition, each party agrees to pay to the other the amount of the States liability to the Federal Government which results from that partys failure to perform the services or comply with the conditions required by this Agreement and identified by said audit exception. B. Contractor agrees to comply with federal procedures in accordance with Office of Management and Budget Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments. 2. Amendment Clause This Agreement may be amended by the State with thirty (30) days advance written notice to Contractor. 3. Dispute Provisions A. If the Contractor disputes a decision of the States designated representative regarding the performance of this Agreement or on other issues for which the representative is authorized by this Agreement to make a binding decision, Contractor shall provide written dispute notice to the States representative within fifteen (15) calendar days after the date of the action. The written dispute notice shall contain the following information: 1) the decision under dispute; 2) the reason(s) Contractor believes the decision of the State representative to have been in error (if applicable, reference pertinent contract provisions); 3) identification of all documents and substance of all oral communication which support Contractors position; and 4) dollar amount in dispute, if applicable. B. Upon receipt of the written dispute notice, the State program management will examine the matter and issue a written decision to the Contractor within fifteen (15) calendar days. The decision of the representative shall contain the following information: 1) description of the dispute; 2) reference to pertinent contract provisions, if applicable; 3) statement of the factual areas of agreement or disagreement; and 4) statement of the representatives decision with supporting rationale. C. The decision of the representative shall be final unless, within thirty (30) days from the date of receipt of the representatives decision, Contractor files with the California Department of Child Support Services a notice of appeal addressed to: California Department of Child Support Services Attention: Chief, Contracts Section P.O. Box 419064 Rancho Cordova, CA 95746-9064

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Department of Child Support Services IFB CSSD #168 Pending resolution of any dispute, Contractor shall diligently continue all contract work and comply with all of the representatives orders and directions. 4. Consultant Replacement A. The assigned consultant(s) will perform the services for the duration of this contract unless an individual becomes unavailable to perform as a result of death, illness, disability or termination of his or her employment relationship with the Contractor, or any other occurrence beyond the reasonable control of the Contractor, or unless DCSS elects to reduce staff levels or requests replacement of an assigned consultant for any reason. If a consultant becomes unavailable for one of these reasons, the Contractor will provide DCSS with a resume of a proposed replacement within five (5) State business days and will offer DCSS an opportunity to interview the replacement. In no event will the interview of the replacement consultant take more than five (5) business days following the day the former consultant becomes unavailable, unless expressly waived in writing by DCSS. If DCSS determines that the replacement proposed by the Contractor does not have the ability and experience to perform the services required of the Contractor under this contract, DCSS will so notify the Contractor within one (1) day after the interview. In that situation, the Contractor shall propose another replacement within one (1) day, not to exceed five (5) State business days of receiving this notification, and DCSS will proceed with the approval process described above. If after two attempts the Contractor is unable to offer qualified personnel, DCSS may terminate this contract and utilize another Contractor to provide replacement personnel.

B.

5.

Statement of Economic Interests A. In accordance with Title 22, California Code of Regulations, Section 123000, consultant Contractors are required to complete a Statement of Economic Interests (Form 700) on an annual basis. A consultant is generally defined by law as one who advises, makes recommendation, conducts research, presents a report, analysis or opinion to governmental decision makers and thereby influences governmental decisions. Upon award and prior to the approval of this Agreement, Contractors Contract Manager and any professional-level employees and/or subcontractors engaged in any part of the decision-making process relevant to performing the consulting tasks described in this Agreement shall complete and submit to the States Contracts and Purchasing Section a completed Form 700. On an annual basis during the term of this Agreement, the Contractor and the same individuals and any new professional-level personnel or subcontractors must complete and return a new Form 700. All subsequent forms must be received before the expiration of the initial Form 700. Noncompliance shall be cause for termination of this Agreement.

B.

C.

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