errorda.ks.gov/purch/contracts/default.aspx?getfile=evt... · web viewrequest for proposal (rfp)...

REQUEST FOR PROPOSAL (RFP)

Bid Event Number: EVT0002082Requisition ID: 62900-13972Date Posted: February 19, 2013Closing Date: March 27, 2013, 2:00 PMProcurement Officer: Greg Davis

Telephone: 785-296-2770E-Mail Address: [email protected] Address: http://da.ks.gov/purch

Item: Call Center Services – Kansas Child Support Services ProgramAgency: Department of Children and Family Period of Contract: August 1, 2013 through June 30, 2016

(with one (1) three (3) year optional renewal)Guarantee: No Monetary Guarantee RequiredScope: This Contract shall cover the procurement of Call Center Services – Kansas

Child Support Services Program for the Department of Children and Family during the contract period referenced above.

Event Number EVT0002082 was recently posted to the Procurement and Contracts Internet website. The document can be downloaded by going to the following website:

http://www.da.ks.gov/purch/Contracts/bids.aspx

It shall be the bidder's responsibility to monitor this website on a regular basis for any changes/amendments.

http://www.da.ks.gov/purch/Contracts/bids.aspx

http://da.ks.gov/purch

mailto:[email protected]

Event ID: EVT0002082

SIGNATURE SHEET

Item: Call Center Services – Kansas Child Support Services Program

Agency: Kansas Department of Children and Family

Closing Date: March 27, 2013

By submission of a bid and the signatures affixed thereto, the bidder certifies all products and services proposed in the bid meet or exceed all requirements of this specification as set forth in the request and that all exceptions are clearly identified.

Legal Name of Person, Firm or Corporation

Mailing Address City & State Zip

Toll Free Telephone Local Cell: Fax

Tax Number CAUTION: If your tax number is the same as your Social Security Number (SSN), you must leave this line blank. DO NOT enter your SSN on this signature sheet. If your SSN is required to process a contract award, including any tax clearance requirements, you will be contacted by an authorized representative of the Division of Purchases at a later date.

E-Mail

Signature Date

Typed Name Title

In the event the contact for the bidding process is different from above, indicate contact information below.

Bidding Process Contact Name



E-Mail

If awarded a contract and purchase orders are to be directed to an address other than above, indicate mailing address and telephone number below.

Award Contact Name



E-Mail


TAX CLEARANCE INSTRUCTIONSPLEASE NOTE: THIS INFORMATION HAS CHANGED EFFECTIVE 10/27/09

A “Tax Clearance” is a comprehensive tax account review to determine and ensure that the account is compliant with all primary Kansas Tax Laws administered by the Kansas Department of Revenue (KDOR) Director of Taxation. Information pertaining to a Tax Clearance is subject to change(s), which may arise as a result of a State Tax Audit, Federal Revenue Agent Report, or other lawful adjustment(s).

To obtain a Tax Clearance Certificate, you must: Go to http://ksrevenue.org/taxclearance.htm l to request a Tax Clearance Certificate Return to the website the following working day to see if KDOR will issue the certificate If issued an official certificate, print it and attach it to your bid response If denied a certificate, engage KDOR in a discussion about why a certificate wasn’t issued

Bidders (and their subcontractors) are expected to submit a current Tax Clearance Certificate with every event response .

Per KSA 75-3740-(c), the Director of Purchases may reject the bid of any bidder who is in arrears on taxes due the State of Kansas. The Secretary of the Kansas Department of Revenue is authorized to exchange such information with the Director of Purchases as is necessary to determine a bidder’s tax clearance status, notwithstanding any other provision of law prohibiting disclosure of the contents of taxpayer records or information.

Please Note: Individual and business applications are available. For applications entered prior to 5:00 PM Monday through Friday, results typically will be available the following business day. Tax clearance requests may be denied if the request includes incomplete or incorrect information.

Please Note: You will need to sign back into the KDOR website to view and print the official tax clearance certificate.

Procurement and Contracts reserves the right to confirm tax status of all potential contractors and subcontractors prior to the release of a purchase order or contract award.

In the event that a current tax certificate is unavailable, Procurement and Contracts reserves the right to notify a bidder (one that has submitted a timely event response) that they have to provide a current Tax Clearance Certificate within ten (10) calendar days, or the Division may proceed with an award to the next lowest responsive bidder, whichever is determined by the Director of Purchases to be in the best interest of the State.

http://ksrevenue.org/taxclearance.html


CERTIFICATION REGARDINGIMMIGRATION REFORM & CONTROL

All Contractors are expected to comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the Contractor as well as any subcontractor or sub-subcontractor. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this bid, the Contractor hereby certifies without exception that Contractor has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State’s option, may subject the contract to termination and any applicable damages.

Contractor certifies that, should it be awarded a contract by the State, Contractor will comply with all applicable federal and state laws, standards, orders and regulations affecting a person’s participation and eligibility in any program or activity undertaken by the Contractor pursuant to this contract. Contractor further certifies that it will remain in compliance throughout the term of the contract.

At the State’s request, Contractor is expected to produce to the State any documentation or other such evidence to verify Contractor’s compliance with any provision, duty, certification, or the like under the contract.

Contractor agrees to include this Certification in contracts between itself and any subcontractors in connection with the services performed under this contract.

____________________________________________ ______________________Signature, Title of Contractor date


1. INSTRUCTIONS

1.1. Bid Event ID: The Bid Event ID, indicated in the header of this page, as well as on the first page of this proposal, has been assigned to this RFP and MUST be shown on all correspondence or other documents associated with this RFP and MUST be referred to in all verbal communications. All inquiries, written or verbal, shall be directed only to the procurement officer reflected on Page 1 of this proposal. There shall be no communication with any other State employee regarding this RFP except with designated state participants in attendance ONLY DURING:

Negotiations Contract Signing as otherwise specified in this RFP.

Violations of this provision by bidder or state agency personnel may result in the rejection of the proposal.

1.2. Negotiated Procurement: This is a negotiated procurement pursuant to K.S.A. 75-37,102. Final evaluation and award will be made by the Procurement Negotiation Committee (PNC) consisting of the following entities (or their designees):

Secretary of Department of Administration; Director of Purchases, Department of Administration; and Head of Using Agency

1.3. Appearance Before Committee: Any, all or no bidders may be required to appear before the PNC to explain the bidder's understanding and approach to the project and/or respond to questions from the PNC concerning the proposal; or, the PNC may award without conducting negotiations, based on the initial proposal. The PNC reserves the right to request information from bidders as needed. If information is requested, the PNC is not required to request the information of all bidders.

Bidders selected to participate in negotiations may be given an opportunity to submit a revised technical and/or cost proposal/offer to the PNC, subject to a specified cut off time for submittal of revisions. Meetings before the PNC are not subject to the Open Meetings Act. Bidders are prohibited from electronically recording these meetings. All information received prior to the cut off time will be considered part of the bidder's revised offer.

No additional revisions shall be made after the specified cut off time unless requested by the PNC.

1.4. Cost of Preparing Proposal: The cost of developing and submitting the proposal is entirely the responsibility of the bidder. This includes costs to determine the nature of the engagement, preparation of the proposal, submitting the proposal, negotiating for the contract and other costs associated with this RFP.

1.5. Preparation of Proposal: Prices are to be entered in spaces provided on the cost proposal form if provided herein. Computations and totals shall be indicated where required. In case of error in computations or totals, the unit price shall govern. The PNC has the right to rely on any prices provided by bidders. The bidder shall be responsible for any mathematical errors. The PNC reserves the right to reject proposals which contain errors.

All copies of cost proposals shall be submitted in a separate sealed envelope or container separate from the technical proposal. The outside shall be identified clearly as "Cost Proposal" or "Technical Proposal" with the Bid Event ID number and closing date.


A proposal shall not be considered for award if the price in the proposal was not arrived at independently and without collusion, consultation, communication or agreement as to any matter related to price with any other bidder, competitor or public officer/employee.

Technical proposals shall contain a concise description of bidder's capabilities to satisfy the requirements of this RFP with emphasis on completeness and clarity of content. Repetition of terms and conditions of the RFP without additional clarification shall not be considered responsive.

1.6. Signature of Proposals: Each proposal shall give the complete legal name and mailing address of the bidder and be signed by an authorized representative by original signature with his or her name and legal title typed below the signature line. If the contract's contact will be a different entity, indicate that individual's contact information for communication purposes. Each proposal shall include the bidder's tax number.

1.7. Acknowledgment of Amendments: All bidders shall acknowledge receipt of any amendments to this RFP by returning a signed hard copy with the bid. Failure to acknowledge receipt of any amendments may render the proposal to be non-responsive. Changes to this RFP shall be issued only by Procurement and Contracts in writing.

1.8. Modification of Proposals: A bidder may modify a proposal by letter or by FAX transmission at any time prior to the closing date and time for receipt of proposals.

1.9. Withdrawal of Proposals: A proposal may be withdrawn on written request from the bidder to the Procurement Officer at Procurement and Contracts prior to the closing date.

1.10. Competition: The purpose of this RFP is to seek competition. The bidder shall advise Procurement and Contracts if any specification, language or other requirement inadvertently restricts or limits bidding to a single source. Notification shall be in writing and must be received by Procurement and Contracts no later than five (5) business days prior to the bid closing date. The Director of Purchases reserves the right to waive minor deviations in the specifications which do not hinder the intent of this RFP.

1.11. Evaluation of Proposals: Award shall be made in the best interest of the State as determined by the PNC or their designees. Although no weighted value is assigned, consideration may focus toward but is not limited to:

Cost. Bidders are not to inflate prices in the initial proposal as cost is a factor in determining who may receive an award or be invited to formal negotiations. The State reserves the right to award to the lowest responsive bid without conducting formal negotiations, if authorized by the PNC.

Adequacy and completeness of proposal Bidder's understanding of the project Compliance with the terms and conditions of the RFP Experience in providing like services Qualified staff Methodology to accomplish tasks Response format as required by this RFP

1.12. Acceptance or Rejection: The Committee reserves the right to accept or reject any or all proposals or part of a proposal; to waive any informalities or technicalities; clarify any ambiguities in proposals; modify any criteria in this RFP; and unless otherwise specified, to accept any item in a proposal.


1.13. Proposal Disclosures: At the time of closing, only the names of those who submitted proposals shall be made public information. No price information will be released. Interested bidders or their representatives may be present at the announcement at the following location:

Kansas Department of AdministrationProcurement and Contracts800 SW Jackson, Suite 600Topeka, KS 66612

Bid results will not be given to individuals over the telephone or email. Results may be obtained after contract finalization by obtaining a bid tabulation from Procurement and Contracts by sending (do not include with bid):

A check for $3.00, payable to the State of Kansas A self -addressed, stamped envelope Bid Event ID Number

Send to:Kansas Department of AdministrationProcurement and ContractsAttention: Bid Results/Copies800 SW Jackson, Suite 600Topeka, KS 66612

Copies of individual proposals may be obtained under the Kansas Open Records Act by sending an email to [email protected] or calling 785-296-0002 to request an estimate of the cost to reproduce the documents and remitting that amount with a written request to the above address or a vendor may make an appointment by calling the above number to view the proposal file. Upon receipt of the funds, the documents will be mailed. Information in proposal files shall not be released until a contract has been executed or all proposals have been rejected.

1.14. Disclosure of Proposal Content and Proprietary Information: All proposals become the property of the State of Kansas. The Open Records Act (K.S.A. 45-215 et seq) of the State of Kansas requires public information be placed in the public domain at the conclusion of the selection process, and be available for examination by all interested parties. (http://da.ks.gov/purch/KSOpenRecAct.doc) No proposals shall be disclosed until after a contract award has been issued. The State reserves the right to destroy all proposals if the RFP is withdrawn, a contract award is withdrawn, or in accordance with Kansas law. Late Technical and/or Cost proposals will be retained unopened in the file and not receive consideration or may be returned to the bidder.

Trade secrets or proprietary information legally recognized as such and protected by law may be requested to be withheld if clearly labeled "Proprietary" on each individual page and provided as separate from the main proposal. Pricing information is not considered proprietary and the bidder's entire proposal response package will not be considered proprietary.

All information requested to be handled as "Proprietary" shall be submitted separately from the main proposal and clearly labeled, in a separate envelope or clipped apart from all other documentation. The bidder shall provide detailed written documentation justifying why this material should be considered "Proprietary". Procurement and Contracts reserves the right to accept, amend or deny such requests for maintaining information as proprietary in accordance with Kansas law.

The State of Kansas does not guarantee protection of any information which is not submitted as required.


1.15. Exceptions: By submission of a response, the bidder acknowledges and accepts all terms and conditions of the RFP unless clearly avowed and wholly documented in a separate section of the Technical Proposal to be entitled: "Exceptions".

1.16. Notice of Award: An award is made on execution of the written contract by all parties.


2. PROPOSAL RESPONSE

2.1. Submission of Proposals: Bidder's proposal shall consist of:

One (1) original and five (5) copies of the Technical Proposal, including the signed Event Details document, applicable literature and other supporting documents;

One (1) original and five (5) copies of the cost proposal,

Two (2) electronic / software version(s) of the technical and cost proposals are required. This shall be provided on CD or flash drive, in Microsoft® Word or Excel. Technical and cost responses shall be submitted on separate media.

All copies of cost proposals shall be submitted in a separate sealed envelope or container separate from the technical proposal. The outside shall be identified clearly as "Cost Proposal" or "Technical Proposal" with the Bid Event ID number and closing date.

Bidder's proposal, sealed securely in an envelope or other container, shall be received no later than 2:00 p.m., Central Time, on the closing date, addressed as follows:

Kansas Department of AdministrationProcurement and ContractsProposal # EVT0002082Closing Date: March 27, 2013800 SW Jackson, Suite 600Topeka, KS 66612

It is the bidder's responsibility to ensure bids are received by the closing date and time. Delays in mail delivery or any other means of transmittal, including couriers or agents of the issuing entity shall not excuse late bid submissions.

Faxed, e-mailed or telephoned proposals are not acceptable unless otherwise specified.

Proposals received prior to the closing date shall be kept secured and sealed until closing. The State shall not be responsible for the premature opening of a proposal or for the rejection of a proposal that was not received prior to the closing date because it was not properly identified on the outside of the envelope or container. Late Technical and/or Cost proposals will be retained unopened in the file and not receive consideration or may be returned to the bidder.

2.2. Proposal Format: Bidders are instructed to prepare their Technical Proposal following the same sequence as this RFP.

2.3. Transmittal Letter (limit 5 pages): All bidders shall respond to the following statements:

(a) the bidder is the prime contractor and identifying all subcontractors;

(b) the bidder is a corporation or other legal entity;

(c) no attempt has been made or will be made to induce any other person or firm to submit or not to submit a proposal;


(d) the bidder does not discriminate in employment practices with regard to race, color, religion, age (except as provided by law), sex, marital status, political affiliation, national origin or disability;

(e) no cost or pricing information has been included in the transmittal letter or the Technical Proposal;

(f) the bidder presently has no interest, direct or indirect, which would conflict with the performance of services under this contract and shall not employ, in the performance of this contract, any person having a conflict;

(g) the person signing the proposal is authorized to make decisions as to pricing quoted and has not participated, and will not participate, in any action contrary to the above statements;

(h) whether there is a reasonable probability that the bidder is or will be associated with any parent, affiliate or subsidiary organization, either formally or informally, in supplying any service or furnishing any supplies or equipment to the bidder which would relate to the performance of this contract. If the statement is in the affirmative, the bidder is required to submit with the proposal, written certification and authorization from the parent, affiliate or subsidiary organization granting the State and/or the federal government the right to examine any directly pertinent books, documents, papers and records involving such transactions related to the contract. Further, if at any time after a proposal is submitted, such an association arises, the bidder will obtain a similar certification and authorization and failure to do so will constitute grounds for termination for cause of the contract at the option of the State;

(i) bidder agrees that any lost or reduced federal matching money resulting from unacceptable performance in a contractor task or responsibility defined in the RFP, contract or modification shall be accompanied by reductions in state payments to Contractor; and

(j) the bidder has not been retained, nor has it retained a person to solicit or secure a state contract on an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the bidder for the purpose of securing business. For breach of this provision, the Committee shall have the right to reject the proposal, terminate the contract for cause and/or deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee or other benefit.

2.4. Bidder Information (limit 10 pages): The bidder must include a narrative of the bidder's corporation and each subcontractor if any. The narrative shall include the following:

(a) date established;

(b) ownership (public, partnership, subsidiary, etc.);

(c) number of personnel, full and part time, assigned to this project by function and job title;

(d) resources assigned to this project and the extent they are dedicated to other matters;

(e) organizational chart;

(f) financial statement may be required.

2.5. Qualifications (limit 20 pages): A description of the bidder's qualifications and experience providing the requested or similar service, including resumes of personnel assigned to the project stating their education and work experience, shall be submitted with the Technical Proposal. The bidder must be an established firm recognized for its capacity to perform. The bidder must have sufficient personnel to meet the deadlines specified in the RFP.


Bidder should specifically address both corporate and staff qualifications as contained in Section 4 Manage and Staffing the Child Support Call Center.

2.6. Timeline (limit 5 pages) : A timeline for implementing services must be submitted with the bid. The timeline should at a minimum show the task and associated dates for securing a site, obtaining equipment, hiring of staff, training and implementation.

2.7. Methodology (limit 30 pages): Bidders shall submit with the bid, a detailed explanation of the methodology for implementing services.

2.8. References (unlimited pages): Provide three (3) references that have purchased similar items or services from the bidder in the last three (3) year(s) one of which is an IV-D Director for which you have provided Call Center Services. References shall show firm name, contact person, address, email address and phone number. Bidder employees and the buying agency shall not be shown as references.

Additionally, bidders shall list clients who have terminated services within the past 10 years, indicating reasons for termination. Provide the firm name, contact person, address, email address and phone number of each referenced organization.

2.9. Technical Literature: All Technical Proposals shall include specifications and technical literature sufficient to allow the State to determine that the equipment/services meet(s) all requirements. If a requirement is not addressed in the technical literature, it must be supported by additional documentation and included with the bid. Proposals without sufficient technical documentation may be rejected.2.10. Procurement Card (P-Card): Many State Agencies use a State of Kansas Procurement Card (currently Visa) in lieu of a state warrant to pay for certain purchases. No additional charges will be allowed for using the P-Card. Bidders shall indicate on the Event Details document if they will accept the Procurement Card for payment.

2.11. SubContractors (limit 10 pages): If the Contractor is proposing the use of SubContractor(s) as part of this bid then the same information required of the Contractor in regards to Section 4 Manage and Staffing the Child Support Call Center.


3. TERMS AND CONDITIONS3.1 Contract Documents: This RFP, any amendments, the response and any response amendments of the Contractor, and the State of Kansas DA-146a (Contractual Provision Attachment) shall be incorporated into the written contract, which shall compose the complete understanding of the parties.

In the event of a conflict in terms of language among the documents, the following order of precedence shall govern:

• Form DA 146a; • written modifications to the executed contract;• written contract signed by the parties; • the RFP, including any and all amendments; • and Contractor's written proposal submitted in response to the RFP as finalized.

3.2 Contract: The successful bidder will be required to enter into a written contract with the State. The contractor agrees to accept the provisions of Form DA 146a (Contractual Provisions Attachment), which is incorporated into all contracts with the State and is incorporated into this RFP.

3.3 Contract Formation: No contract shall be considered to have been entered into by the State until all statutorily required signatures and certifications have been rendered and a written contract has been signed by the contractor.

3.4 Notices: All notices, demands, requests, approvals, reports, instructions, consents or other communications (collectively "notices") that may be required or desired to be given by either party to the other shall be IN WRITING and addressed as follows:

Kansas Department of AdministrationProcurement and Contracts800 SW Jackson, Suite 600Topeka, KS 66612RE: EVT0002082

or to any other persons or addresses as may be designated by notice from one party to the other.

3.5 Termination for Cause: The Director of Purchases may terminate this contract, or any part of this contract, for cause under any one of the following circumstances:

• the Contractor fails to make delivery of goods or services as specified in this contract; • the Contractor provides substandard quality or workmanship;• the Contractor fails to perform any of the provisions of this contract, or • the Contractor fails to make progress as to endanger performance of this contract in accordance with its terms.

The Director of Purchases shall provide Contractor with written notice of the conditions endangering performance. If the Contractor fails to remedy the conditions within ten (10) days from the receipt of the notice (or such longer period as State may authorize in writing), the Director of Purchases shall issue the Contractor an order to stop work immediately. Receipt of the notice shall be presumed to have occurred within three (3) days of the date of the notice.


3.6 Termination for Convenience: The Director of Purchases may terminate performance of work under this contract in whole or in part whenever, for any reason, the Director of Purchases shall determine that the termination is in the best interest of the State of Kansas. In the event that the Director of Purchases elects to terminate this contract pursuant to this provision, it shall provide the Contractor written notice at least 30 days prior to the termination date. The termination shall be effective as of the date specified in the notice. The Contractor shall continue to perform any part of the work that may have not been terminated by the notice.

3.7 Debarment of State Contractors: Any Contractor who defaults on delivery or does not perform in a satisfactory manner as defined in this Contract may be barred for a period up to three (3) years, pursuant to KSA 75-37,103, or have their work evaluated for pre-qualification purposes pursuant to K.S.A. 75-37,104.

3.8 Rights and Remedies: If this contract is terminated, the State, in addition to any other rights provided for in this contract, may require the Contractor to transfer title and deliver to the State in the manner and to the extent directed, any completed materials. The State shall be obligated only for those services and materials rendered and accepted prior to the date of termination.

In the event of termination, the Contractor shall receive payment prorated for that portion of the contract period services were provided to or goods were accepted by State subject to any offset by State for actual damages including loss of federal matching funds.

The rights and remedies of the State provided for in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law.

3.9 Force Majeure: The Contractor shall not be held liable if the failure to perform under this contract arises out of causes beyond the control of the Contractor. Causes may include, but are not limited to, acts of nature, fires, tornadoes, quarantine, strikes other than by Contractor's employees, and freight embargoes.

3.10 Waiver: Waiver of any breach of any provision in this contract shall not be a waiver of any prior or subsequent breach. Any waiver shall be in writing and any forbearance or indulgence in any other form or manner by State shall not constitute a waiver.

3.11 Independent Contractor: Both parties, in the performance of this contract, shall be acting in their individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be construed to be the employees or agents of the other party for any purpose whatsoever.

The Contractor accepts full responsibility for payment of unemployment insurance, workers compensation, social security, income tax deductions and any other taxes or payroll deductions required by law for its employees engaged in work authorized by this contract.

3.12 Staff Qualifications: The Contractor shall warrant that all persons assigned by it to the performance of this contract shall be employees of the Contractor (or specified Subcontractor) and shall be fully qualified to perform the work required. The Contractor shall include a similar provision in any contract with any Subcontractor selected to perform work under this contract.

Failure of the Contractor to provide qualified staffing at the level required by the contract specifications may result in termination of this contract or damages.


3.13 Subcontractors: The Contractor shall be the sole source of contact for the contract. The State will not subcontract any work under the contract to any other firm and will not deal with any subcontractors. The Contractor is totally responsible for all actions and work performed by its subcontractors. All terms, conditions and requirements of the contract shall apply without qualification to any services performed or goods provided by any subcontractor.

The State of Kansas requires tax clearance certificates for all subcontractors be submitted with the technical proposal, and that the bidder additionally provide subcontractor(s) legal company name, contact information and tax ID number (FEIN/TIN) as well.

3.14 Proof of Insurance: Upon request, the Contractor shall present an affidavit of Worker's Compensation, Public Liability, and Property Damage Insurance to Procurement and Contracts.

3.15 Conflict of Interest: The Contractor shall not knowingly employ, during the period of this contract or any extensions to it, any professional personnel who are also in the employ of the State and providing services involving this contract or services similar in nature to the scope of this contract to the State. Furthermore, the Contractor shall not knowingly employ, during the period of this contract or any extensions to it, any state employee who has participated in the making of this contract until at least two years after his/her termination of employment with the State.

3.16 Confidentiality: The Contractor may have access to private or confidential data maintained by State to the extent necessary to carry out its responsibilities under this contract. Contractor must comply with all the requirements of the Kansas Open Records Act (K.S.A. 42-215 et seq.) in providing services under this contract. Contractor shall accept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act. No private or confidential data collected, maintained or used in the course of performance of this contract shall be disseminated by either party except as authorized by statute, either during the period of the contract or thereafter. Contractor must agree to return any or all data furnished by the State promptly at the request of State in whatever form it is maintained by Contractor. On the termination or expiration of this contract, Contractor will not use any of such data or any material derived from the data for any purpose and, where so instructed by State, will destroy or render it unreadable.

3.17 Nondiscrimination and Workplace Safety: The Contractor agrees to abide by all federal, state and local laws, and rules and regulations prohibiting discrimination in employment and controlling workplace safety. Any violations of applicable laws or rules or regulations may result in termination of this contract.

3.18 Environmental Protection: The Contractor shall abide by all federal, state and local laws, and rules and regulations regarding the protection of the environment. The Contractor shall report any violations to the applicable governmental agency. A violation of applicable laws or rule or regulations may result in termination of this contract for cause.

3.19 Hold Harmless: The Contractor shall indemnify the State against any and all loss or damage to the extent arising out of the Contractor's negligence in the performance of services under this contract and for infringement of any copyright or patent occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work under this contract.

The State shall not be precluded from receiving the benefits of any insurance the Contractor may carry which provides for indemnification for any loss or damage to property in the Contractor's custody and control, where such loss or destruction is to state property. The Contractor shall do nothing to prejudice the State's right to recover against third parties for any loss, destruction or damage to State property.


3.20 Care of State Property: The Contractor shall be responsible for the proper care and custody of any state owned personal tangible property and real property furnished for Contractor's use in connection with the performance of this contract. The Contractor shall reimburse State for such property's loss or damage caused by Contractor, normal wear and tear excepted.

3.21 Prohibition of Gratuities: Neither the Contractor nor any person, firm or corporation employed by the Contractor in the performance of this contract shall offer or give any gift, money or anything of value or any promise for future reward or compensation to any State employee at any time.

3.22 Retention of Records: Unless the State specifies in writing a different period of time, the Contractor agrees to preserve and make available at reasonable times all of its books, documents, papers, records and other evidence involving transactions related to this contract for a period of five (5) years from the date of the expiration or termination of this contract.

Matters involving litigation shall be kept for one (1) year following the termination of litigation, including all appeals, if the litigation exceeds five (5) years.

The Contractor agrees that authorized federal and state representatives, including but not limited to, personnel of the using agency; independent auditors acting on behalf of state and/or federal agencies shall have access to and the right to examine records during the contract period and during the five (5) year post contract period. Delivery of and access to the records shall be within five (5) business days at no cost to the state.

3.23 Antitrust: If the Contractor elects not to proceed with performance under any such contract with the State, the Contractor assigns to the State all rights to and interests in any cause of action it has or may acquire under the anti-trust laws of the United States and the State of Kansas relating to the particular products or services purchased or acquired by the State pursuant to this contract.

3.24 Modification: This contract shall be modified only by the written agreement and approval of the parties. No alteration or variation of the terms and conditions of the contract shall be valid unless made in writing and signed by the parties. Every amendment shall specify the date on which its provisions shall be effective.

3.25 Assignment: The Contractor shall not assign, convey, encumber, or otherwise transfer its rights or duties under this contract without the prior written consent of the State. State may reasonably withhold consent for any reason.

This contract may terminate for cause in the event of its assignment, conveyance, encumbrance or other transfer by the Contractor without the prior written consent of the State.

3.26 Third Party Beneficiaries: This contract shall not be construed as providing an enforceable right to any third party.

3.27 Captions: The captions or headings in this contract are for reference only and do not define, describe, extend, or limit the scope or intent of this contract.

3.28 Severability: If any provision of this contract is determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this contract shall not be affected and each provision of this contract shall be enforced to the fullest extent permitted by law.

3.29 Governing Law: This contract shall be governed by the laws of the State of Kansas and shall be deemed executed in Topeka, Shawnee County, Kansas.


3.30 Jurisdiction: The parties shall bring any and all legal proceedings arising hereunder in the State of Kansas District Court of Shawnee County, unless otherwise specified and agreed upon by the State of Kansas. Contractor waives personal service of process, all defenses of lack of personal jurisdiction and forum non conveniens. The Eleventh Amendment of the United States Constitution is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this Agreement shall be deemed a waiver of the Eleventh Amendment.

3.31 Mandatory Provisions: The provisions found in Contractual Provisions Attachment (DA 146a) are incorporated by reference and made a part of this contract.

3.32 Integration: This contract, in its final composite form, shall represent the entire agreement between the parties and shall supersede all prior negotiations, representations or agreements, either written or oral, between the parties relating to the subject matter hereof. This Agreement between the parties shall be independent of and have no effect on any other contracts of either party.

3.33 Debarment of State Contractors: Any Contractor who defaults on delivery or does not perform in a satisfactory manner as defined in this Agreement may be barred for up to a period of three (3) years, pursuant to K.S.A. 75-37,103, or have its work evaluated for pre-qualification purposes. Contractor shall disclose any conviction or judgment for a criminal or civil offense of any employee, individual or entity which controls a company or organization or will perform work under this Agreement that indicates a lack of business integrity or business honesty. This includes (1) conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract; (2) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property; (3) conviction under state or federal antitrust statutes; and (4) any other offense to be so serious and compelling as to affect responsibility as a state contractor. For the purpose of this section, an individual or entity shall be presumed to have control of a company or organization if the individual or entity directly or indirectly, or acting in concert with one or more individuals or entities, owns or controls 25 percent or more of its equity, or otherwise controls its management or policies. Failure to disclose an offense may result in disqualification of the bid or termination of the contract.

3.34 Immigration and Reform Control Act of 1986 (IRCA): All contractors are expected to comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the contractor as well as any subcontractor or sub-contractors. The usual method of verification is through the Employment Verification (I-9) Form.

With the submission of this bid, the contractor hereby certifies without exception that such contractor has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State's option, may subject the contract to termination for cause and any applicable damages.

Unless provided otherwise herein, all contractors are expected to be able to produce for the State any documentation or other such evidence to verify Contractor's IRCA compliance with any provision, duty, certification or like item under the contract.

3.35 Worker Misclassification: The contractor and all lower tiered subcontractors under the contractor shall properly classify workers as employees rather than independent contractors and treat them accordingly for purposes of workers' compensation insurance coverage, unemployment taxes, social security taxes, and income tax withholding. Failure to do so may result in contract termination.

3.36 Injunctions: Should Kansas be prevented or enjoined from proceeding with the acquisition before or after contract execution by reason of any litigation or other reason beyond the control of the State, Contractor shall not be entitled to make or assert claim for damage by reason of said delay.


3.37 Statutes: Each and every provision of law and clause required by law to be inserted in the contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then on the application of either party the contract shall be amended to make such insertion or correction.

3.38 Federal, State and Local Taxes: Unless otherwise specified, the proposal price shall include all applicable federal, state and local taxes. The Contractor shall pay all taxes lawfully imposed on it with respect to any product or service delivered in accordance with this Contract. The State of Kansas is exempt from state sales or use taxes and federal excise taxes for direct purchases. These taxes shall not be included in the bidder's price quotation. Upon request, the State shall provide to the Contractor a certificate of tax exemption.

The State makes no representation as to the exemption from liability of any tax imposed by any governmental entity on the Contractor.

3.39 Accounts Receivable Set-Off Program: If, during the course of this contract the Contractor is found to owe a debt to the State of Kansas, agency payments to the Contractor may be intercepted / setoff by the State of Kansas. Notice of the setoff action will be provided to the Contractor. Pursuant to K.S.A. 75-6201 et seq, Contractor shall have the opportunity to challenge the validity of the debt. If the debt is undisputed, the Contractor shall credit the account of the agency making the payment in an amount equal to the funds intercepted.

K.S.A. 75-6201 et seq. allows the Director of Accounts & Reports to setoff funds the State of Kansas owes Contractors against debts owed by the Contractors to the State of Kansas. Payments setoff in this manner constitute lawful payment for services or goods received. The Contractor benefits fully from the payment because its obligation to the State is reduced by the amount subject to setoff.

3.40 Definitions: A glossary of common procurement terms is available at http://da.ks.gov/purch, under "Purchasing Forms".3.41. Definite Quantity Contract: This Request is for a close-ended contract between the contractor and the State to furnish a predetermined quantity of a good or service covering a three (3) year term from August 1, 2013 thru June 30, 2016 plus 1 additional three (3) year optional renewal from July 1, 2016 thru June 30, 2019.3.1. HIPAA Confidentiality: Per the Health Insurance Portability and Accountability Act (1996) (HIPAA), the agency is a covered entity under the act and therefore Contractor is not permitted to use or disclose health information in ways that the agency could not. This protection continues as long as the data is in the hands of the Contractor.

The Contractor shall establish and maintain procedures and controls acceptable to the agency to protect the privacy of members’ information. Unless the Contractor has the member’s written consent, the Contractor shall not use any personally identifiable information obtained for any reason other than that mandated by this agreement.

Definition: For purposes of this section, the terms “Protected Health Information” and “PHI” mean individually identifiable information in any medium pertaining to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual, that Contractor/Grantee receives from DCF or that Contractor/Grantee creates or receives on behalf of DCF. The terms “Protected Health Information” and “PHI” apply to the original data and to any data derived or extracted from the original data that has not been de-identified.

Electronic protected health information (EPHI) is a subset of PHI and means individually identifiable health information that is transmitted by or maintained in electronic media.

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a) Required/Permitted Uses Section 164.504(e)(2)(i): Contractor/Grantee is required/permitted to use the PHI for the following purposes:

(I) Any activity required to ensure contract compliance and fulfill contract obligations

b) Required/Permitted Disclosures Section 164.504(e)(2)(i): Contractor/Grantee shall disclose DCF’ PHI only as allowed herein or as specifically directed by DCF.

c) Limitation of Use and Disclosure Section 164.504(e)(2)(ii)(A): Contractor/Grantee agrees that it will not use or further disclose the PHI other than as permitted or required by this contract or as required by law.

d) Disclosures Allowed for Management and Administration Section 164.504(e)(2)(i)(A) and 164.504(e)(4)(i): Contractor/Grantee is permitted to use and disclose PHI received from DCF in its capacity as a Contractor/Grantee to DCF if such use is necessary for proper management and administration of the Contractor/Grantee or to carry out the legal responsibilities of the Contractor/Grantee.

e) Minimum Necessary: Contractor/Grantee agrees to limit the amount of PHI used and/or disclosed pursuant to this section to the minimum necessary to achieve the purpose of the use and disclosure.

f) Safeguarding and Securing PHI Sections 164.308, 164.310, 164.312, 164.314 and 164.504(e)(2)(ii)(B): Contractor/Grantee agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the PHI and or EPHI that the Contractor/Grantee creates, receives, maintains, or transmits. Contractor/Grantee will furnish DCF with a written description of such safeguards taken upon request. Contractor/Grantee agrees to allow authorized representatives of DCF access to premises where the PHI and or EPHI is kept for the purpose of inspecting physical security arrangements.

g) Agents and SubContractors Section 164.504(e)(2)(ii)(D): Contractor/Grantee will ensure that any entity, including agents and subContractors, to whom it discloses PHI received from DCF or created or received by Contractor/Grantee on behalf of DCF agrees to the same restrictions, conditions and safeguards that apply to Contractor/Grantee with respect to such information.

h) Right to Review: DCF reserves the right to review terms of agreements and contracts between the Contractor/Grantee and subContractors as they relate to the use and disclosure of PHI belonging to DCF.

i) Ownership: Contractor/Grantee shall at all times recognize DCF ownership of the PHI..

j) Notification Section 164.304, 164.314 (a)(2)(C) and 164.504(e)(2)(ii)(C): Contractor/Grantee shall notify DCF both orally and in writing of any use or disclosure of PHI and or EPHI not allowed by the provisions of this Contract of which it becomes aware, and of any instance where the PHI is subpoenaed, copied or removed by anyone except an authorized representative of DCF or the Contractor/grantee. The Contractor/Grantee shall report to DCF any security incident within 5 business days of becoming aware of such incident. For the purposes of this paragraph, “security incident” shall mean the attempted or successful unauthorized access, use, disclosure, modification or interference with systems operations in an information system.

k) Transmission of PHI Section 164.312 (c)(1) and 164.312 (c)(2): Contractor/Grantee agrees to follow the HIPAA standards with regard to the transmission of PHI.


l) Employee Compliance with Applicable Laws and Regulations: Contractor/Grantee agrees to require each of its employees having any involvement with the PHI to comply with applicable laws and regulations relating to security, confidentiality and privacy of the PHI and with the provisions of this Contract.

m) Custodial Responsibility: An employee of Contractor, is designated as the custodian of PHI and will be responsible for observance of all conditions of use. If custodianship is transferred within the organization, Contractor/Grantee shall notify DCF promptly.

n) Access, Amendment, and Accounting of Disclosures Section 164.504(e)(2)(ii)(E-G): Contractor/Grantee will provide access to the PHI in accordance with 45 C.F.R. Section 164.524. Contractor/Grantee will make the PHI available for amendment and incorporate any amendments to the PHI in accordance with 45 C.F.R. Section 164.526. Contractor/Grantee will make available the information required to provide an accounting of disclosures in accordance with 45 C.F.R. Section 164.528.

o) Documentation Verifying HIPAA Compliance Section 164.504(e)(2)(ii)(H): Contractor/Grantee will make its policies, procedures, and documentation relating to the security and privacy of protected health information, including EPHI, available to the Secretary of Health and Human Services for purposes of determining DCF’s compliance with 45 C.F.R. Parts 160 and 164. Contractor/Grantee will make these same policies, procedures, and documentation available to DCF or its designee upon request.

p) Contract Termination Section 164.314 (a)(2)(i)(D) and 164.504(e)(2)(ii)(I): Contractor/Grantee agrees that within 30 days of the termination of this contract, it will return or destroy, at DCF’ direction, any and all PHI that it maintains in any form and will retain no copies of the PHI. If the return or destruction of the PHI is not feasible, the protections of this section of the contract shall be extended to the information, and further use and disclosure of PHI is limited to those purposes that make the return or destruction of PHI infeasible. Any use or disclosure of PHI except for the limited purpose is prohibited.

q) Termination for Compliance Violation Section 164.314 (a)(2)(i)(D) 164.504(e)(2)(iii) and Section 164.504(e)(1)(ii): Contractor/Grantee acknowledges that DCF is authorized to terminate this Contract if DCF determines that Contractor/Grantee has violated a material term of this section of the contract. If termination of the Contract is not feasible due to an unreasonable burden on DCF, Contractor/Grantee’s violation will be reported to the Secretary of Health and Human Services, along with steps DCF took to cure or end the violation or breach and the basis for not terminating the contract.

3.2. Off-Shore Sourcing: All work under this contract will be performed in Kansas. Failure to maintain the work site in the State of Kansas may be grounds to terminate the contract.3.3. On-Site Inspection: Failure to adequately inspect the premises or determine the correct equipment needs shall not relieve the successful bidder from furnishing without additional cost to the State any materials, equipment, supplies or labor that may be required to carry out the intent of this Request. Submission of a bid shall be construed as evidence that the bidder has made necessary examination, inspection and investigation. Failure to properly inspect the site may result in rejection of the bidder's bid.


3.4. Experience: The Contractor must have a minimum of five (5) years’ experience with three (3) years’ experience in providing child support enforcement call center customer services and/or operation a call center for child support enforcement or other governmental Social Services’ or Health Care programs.

3.5. Prices OR Price Adjustments: Prices shall remain firm fixed price for the entire contract period and subsequent renewals. Prices quoted shall be net delivered, including all trade, quantity and cash discounts. Any price reductions available during the contract period shall be offered to the State of Kansas. Failure to provide available price reductions may result in termination of the contract.

Firm fixed price for each year of the contract shall be bid and covers all Contractor costs including the following:

a. Start up and ongoing operational costs to operate the Child Support Services Call Center.b. Upgrading and or implementation of hardware and software that will be required for

startup and ongoing operations; andc. System maintenance/programming/testingd. IVR software and servers.

3.6. Payment: Payment Terms are Net 30 days. Payment date and receipt of order date shall be based upon K.S.A. 75-6403(b). This Statute requires state agencies to pay the full amount due for goods or services on or before the 30th calendar day after the date the agency receives such goods or services or the bill for the goods and services, whichever is later, unless other provisions for payment are agreed to in writing by the Contractor and the state agency. NOTE: If the 30th calendar day noted above falls on a Saturday, Sunday, or legal holiday, the following workday will become the required payment date.

Payments shall not be made for costs or items not listed in the Contractor's response.

3.7. Demonstration Requirements: A demonstration of the selected devices/equipment/solution for the using agencies may be required before final contract approval. The State of Kansas reserves the right to request said devices/equipment/solution fully configured/operational for testing, which shall be furnished at no expense to the State within ten (10) days after receipt of request. Devices/equipment will be returned at the bidder’s expense if found to be non-compliant with the specifications as set forth in this proposal.

3.8. Materials and Workmanship: The Contractor shall perform all work and furnish all supplies and materials, machinery, equipment, facilities, and means, necessary to complete all the work required by this Contract, within the time specified, in accordance with the provisions as specified.

The contractor shall be responsible for all work put in under these specifications and shall make good, repair and/or replace, at the contractor's own expense, as may be necessary, any defective work, material, etc., if in the opinion of agency and/or Procurement and Contracts said issue is due to imperfection in material, design, workmanship or contractor fault.

3.9. Industry Standards: If not otherwise provided, materials or work called for in this contract shall be furnished and performed in accordance with best established practice and standards recognized by the contracted industry and comply with all codes and regulations which shall apply.

3.10. Equipment: All proposed equipment, equipment options, and hardware expansions must be identified by manufacturer and model number and descriptive literature of such equipment must be submitted with the bid. The Contractor shall be responsible for providing personal computers and software for each staff person they employ for this contract.


3.11. Implied Requirements: All products and services not specifically mentioned in this RFP, but which are necessary to provide the functional capabilities described by the specifications, shall be included. Other products required to make the described software functional shall be identified in the bidder's response.

3.12. Warranty: Bidders shall indicate the type and extent of the warranty for all equipment, hardware, software, and services proposed. The State requires a "standard" warranty of 1 year. This warranty shall be included in the cost of the equipment.

The Contractor will be the sole point of contact on any problems with the equipment or systems during the warranty period.

The Contractor shall be responsible for all work performed under these specifications. The Contractor shall make good, repair and replace, at the Contractor's own expense, as may be necessary, any defective work, material acceptance, if in the opinion of agency or Procurement and Contracts said defect is due to imperfection in material, design, or workmanship for the warranty period specified.

3.13. Acceptance: No contract provision or use of items by the State shall constitute acceptance or relieve the Contractor of liability in respect to any expressed or implied warranties.

3.14. Ownership: All data, forms, procedures, software, manuals, system descriptions and work flows developed or accumulated by the Contractor under this contract shall be owned by the using agency. The Contractor may not release any materials without the written approval of the using agency. Pursuant to IRS requirements all computer and network equipment used in the performance of this contract will be considered property of the State during the contract term.

3.15. Software Code and Intellectual Property Rights: As applicable, all original software and software code and related intellectual property developed or created by the Contractor in the performance of its obligations under this Contract or any Task Order issued under this Contract, shall become the sole property of the State of Kansas. The Contractor will surrender all original written materials, including any reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically or magnetically recorded material, used to develop this software or software code and related intellectual property to the state entity for which it was developed.

3.16. Data: Any and all data required to be provided at any time during the bid process or contract term shall be made available in a format as requested and/or approved by the State.

3.17. Submission of the Bid: Submission of the bid will be considered presumptive evidence that the bidder is conversant with local facilities and difficulties, the requirements of the documents and of pertinent State and/or local codes, state of labor and material markets, and has made due allowances in the proposal for all contingencies. Later claims for labor, work, materials, equipment, and tax liability required for any difficulties encountered which could have been foreseen will not be recognized and all such difficulties shall be properly taken care of by Contractor at no additional cost to the State of Kansas.

3.18. Alternate Proposals/Equivalent Items: Bids on goods and services comparable to those specified herein are invited. Whenever a material, article or piece of equipment is identified in the specifications by reference to a manufacturer's or vendor's name, trade name, catalog number, etc., it is intended to establish a standard, unless otherwise specifically stated. Any material, article or equipment of other manufacturers or vendors shall perform to the standard of the item specified. Equivalent bids must be accompanied by sufficient descriptive literature and/or specifications to provide for detailed comparison. Samples of items, if required, shall be furnished at no expense to the State and if not destroyed in the evaluation process, shall be returned at bidder's expense, if requested.


The State of Kansas reserves the right to determine and approve or deny "equivalency" in comparison of alternate bids.

3.19. Certification of Materials Submitted: The response to this RFP, together with the specifications set forth herein and all data submitted by the bidder to support the response including brochures, manuals, and descriptions covering the operating characteristics of the item(s) proposed, shall become a part of any contract between the Contractor and the State of Kansas. Any written representation covering such matters as reliability of the item(s), the experience of other users, or warranties of performance shall be incorporated by reference into the contract.

3.20. Inspection: The State reserves the right to reject, on arrival at destination, any items which do not conform with specification of the Contract.

3.21. New Materials, Supplies or Equipment: Unless otherwise specified, all materials, supplies or equipment offered by the Contractor shall be new, unused in any regard and of most current design. All materials, supplies and equipment shall be first class in all respects. Seconds or flawed items will not be acceptable. All materials, supplies or equipment shall be suitable for their intended purpose and, unless otherwise specified, fully assembled and ready for use on delivery.

3.22. Bidder Contracts: Bidders must include with their RFP response, a copy of any contracts, agreements, licenses, warranties, etc. that the bidder would propose to incorporate into the any contract generated from this Bid Event. (State of Kansas form DA-146a remains a mandatory requirement in all contracts.)

3.23. Contract Price: Statewide contracts are awarded by Procurement and Contracts to take advantage of volume discount pricing for goods and services that have a recurring demand from one or more agencies. However, if a state agency locates a vendor that can provide the identical item at a lower price, a waiver to "buy off state contract" may be granted by Procurement and Contracts.

3.24. Transition Assistance: In the event of contract termination or expiration, Contractor shall provide all reasonable and necessary assistance to State to allow for a functional transition to another vendor.

3.25. Award: Award will be by line item or group total, whichever is in the best interest of the State of Kansas.


4. SPECIFICATIONSSPECIFICATIONS

The State of Kansas is issuing this Request for Proposal to obtain competitive responses from bidders to provide Call Center Services, per the attached specifications, for the Department for Children and Families, Child Support Services.

4.1 Term of Contract: The term of this contract is for an initial three (3) year period from August 1, 2013 thru June 30, 2016 plus 1 additional three (3) year optional renewal from July 1, 2016 thru June 30, 2019, by written agreement of the parties.

4.2 Bidders must submit a “firm fixed price bid” for each year of the contract and renewal period. The State has a limited budget for this RFP, bidders are not to inflate prices in the proposal as cost is a factor in determining who may receive an award or be invited to formal negotiations. Bidders are encouraged to demonstrate innovation in their technical response as innovation will be given consideration.

4.3 Purpose: The State of Kansas is issuing this Request for Proposal to obtain competitive responses from bidders to provide Call Center Services, for the Department for Children and Families, Child Support Services (CSS). CSS intends to acquire contractual services from a single bidder to provide seamless Child Support Call Center Services for inbound and outbound calls related to child support customer inquiries. Child Support Call Center Services shall include live operator services, Interactive Voice Response (IVR) services, and receiving and responding to inquiries via fax, electronic mail, and U.S. mail.

Contractor shall act as a part of and representative for the Child Support Services, and shall be responsible for responding to the following types of customer questions:

1. General Child Support Issues2. Paternity and Establishment3. Applications for Services4. Case Status5. Hearings (date, time, subject, etc.)6. Payments and Disbursements recorded by:

a. KAECSES (Kansas Automated Eligibility and Child Support Enforcement System) or other automated replacement system implemented by CSS, and

b. KPC (Kansas Payment Center)

7. Distribution8. Billing Questions9. Medical Support and Insurance 10. Income Withholding 11. Review and Modification12. Interstate Questions13. License Suspension/Restriction14. Internal Revenue Offset15. Passport Denial16. Consumer Credit Reporting17. Liens18. New Hire19. Federal Institution Data Match20. Location21. Service of process22. Daycare


23. Genetic testing questions24. Emancipation 25. Information about criminal non-support26. Complaints 27. Questions from Employers28. Call backs with additional information or

questions29. Requests for Child Support Services

brochures, pamphlets and applications30. Other program questions31. Other general questions32. The Child Support Call Center must

immediately forward calls concerning child or elder abuse to the DCF hot line.

The above list is not intended to be all inclusive, but rather to provide a sampling of the types of calls that are currently being received by Child Support Services staff. All activities must comply with State and Federal law and regulation. In compliance with this contract the Contractor shall perform Child Support Call Center duties with the highest standards of professionalism, ethics, and quality of service.

4.4 Background: In 1975, Congress amended Title IV-D of the Social Security Act (42 U.S.C. Sections 651 et seq.) to require that each state establish a Child Support Services program. Child Support Services was originally designed to establish and enforce child support orders for families that were on welfare in order to recover public aid paid to those families. The Child Support Services was later expanded to provide services to non-aided families.

In the State of Kansas, the Department for Children and Families is the single State agency which, through its division of Child Support Services (CSS), has been designated to administrate the State’s IV-D program since its inception in 1975.

Every day the Kansas CSS serves more than 133,000 families to provide the financial and emotional support to children. CSS provides assistance to families to improve the well-being of children, reduce reliance on public assistance, encourage family self-sufficiency and save taxpayer money.

The Kansas CSS currently provides Child Support Call Center Services under contract with a private contractor and is seeking to continue Child Support Call Center Services under this proposal. The purpose of the Center is to alleviate staff from being inundated with, and having to respond immediately to, customer inquiries, so that staff time can be devoted to casework, and to ensure that customer inquiries are responded to in a timely and efficient manner. The Center receives inquiries in many different forms, including via telephone, facsimile, and email. The services to be provided include, but are not limited to, data entry of information in case action logs in the Child Support Services system applications, Fax Verification of information requested by customers, and mailing of applications for services and informational literature approved by Child Support Services.

4.5 Scope of Work: A tracking and reporting system is required. The system shall provide call statistics, call monitoring, call recording and provide a report of the types and numbers of customer contacts received and resolved and dropped calls on behalf of the State of Kansas CSS.

Contractor staff shall respond to requests from the public for general information and referrals, as well as provide information regarding adoption, adult protective services, appeals, child support, child abuse/neglect, complaints, crisis management, discrimination, energy assistance, fatherhood programs, food stamps, foster care, independence cards, homelessness, housing, out-of-state inquiries, working families, and all other Department for Children and Families


programs and services, as they pertain to CSS. This provision should not be construed as intent for contractor to operate a Department for Children and Families wide Call Center.

The Contractor shall maintain at least two (2) bilingual customer service representatives who can speak both English and Spanish.

4.6 Specifications and Services: Child Support Services continues to look for ways to improve the quality of its customer service. Increasing customer access to certain case information via a specialized Child Support Call Center allows field staff to devote more time to casework.

4.6.1 Contractor shall ensure that the Child Support Call Center requirements are administered equitably to all customers regardless of whether they currently receive public assistance, have received public assistance in the past, or have never received public assistance. Furthermore, the Contractor must ensure that call center services are provided with a high degree of respect for the customers, sensitivity to their circumstances and commitment to high-quality customer service.

4.6.2 Contractor shall establish and operate the Child Support Call Center in a manner which complies fully with the provisions of:

this RFP/contract, including any amendments during the term of this contract Title IV-D of the Social Security Act, as amended Title 45, Code of Federal Regulations State law and regulations Child Support Service Policies and Procedures Directives of the CSS Director or her designee

4.6.3 Contractor shall establish and maintain a training process for Contractor’s staff to ensure full comprehension of Child Support Service policy and operations and thorough capability with the state systems including KAECSES or other automated replacement system implemented by CSS, KPC, and other systems necessary to respond to customer questions.

4.6.4 Contractor shall notify, upon receipt, and consult with the Child Support Services concerning any request for fair hearing including but not limited to FDSO, SDSO, license restriction or denial, and credit bureau reporting. If the Contractor receives any associated document(s) they shall be provided to Child Support Services within two working days.

4.6.5 Contractor shall provide application forms or directions to access points or web sites in the manner prescribed by Child Support Services to any individual who desires Title IV-D services. Any applications or correspondence received at the Child Support Call Center must be forwarded to Child Support Services within two days or otherwise processed according to Child Support Services instructions.

4.6.6 Estimated Call Volume: The State of Kansas has a total of approximately 133,000 IV-D cases. The volume of calls is approximately 38,000 per month.

4.7 Contractor Responsibilities: Under the contract generated by this RFP the Contractor shall have the following responsibilities:

4.7.1 Child Support Call Center Facilities and Location: Contractor shall establish operating facilities in the state of Kansas. The bidder may propose two locations for the Child Support Call Center, but the bidder must provide justification for each selection. All personnel answering the phones must be located at the call center.


4.7.2 Suitable space with sufficient technology and a stable power supply shall be acquired to house the Child Support Call Center. The space shall comply with the provisions of the Americans with Disabilities Act (P.L.101-336) and all applicable local building codes. Contractor shall ensure security during and after business hours. Contractor shall be responsible for all costs related to the lease, needed improvements or modifications to the site, and operation of the facilities.

4.7.3 Contractor shall, unless otherwise negotiated with Child Support Services, provide services each state business day excluding holidays officially recognized by the State and verified by the Department of Administration at http://www.da.ks.gov/ps/subject/holiday.htm or inclement weather emergencies declared by the Governor or Child Support Services Director. The Child Support Call Center shall operate, at a minimum, on all regular state business days from 7:00 a.m. to 6:00 p.m.

4.7.4 Contractor’s employees shall not conduct any business on the premises of the facility other than Child Support Call Center activities pursuant to this contract, except upon written approval of Child Support Services Director.

4.7.5 Contractor shall be responsible for implementation, use and assistance in maintaining (and conversion if needed) the state wide computer system (KAECSES or other automated replacement system implemented by CSS or enhancements). Contractor’s utilization of the state wide computer system shall be according to specifications and levels required by Child Support Services. Contractor must use the state wide computer system in their day to day work. Contractor shall provide sufficient equipment to allow for the most effective and efficient operation of the Child Support Call Center in conformity with contract requirements. Contractor shall be required to furnish and maintain any automation needs deemed necessary outside that provided by Child Support Services. Contractor shall ensure that such equipment or software is compatible with systems in use by the Child Support Services. (See, Appendix E & F)

4.7.6 For software used by the Contractor at contract initiation and throughout the life of the contract, the Child Support Call Center shall maintain software that is not more than two versions behind the most current release; and at no point in time shall use an unsupported release.

4.7.7 All Contractor staff shall have and utilize an electronic mail system identical with the State system, currently Microsoft Outlook, to enhance and maximize communication between Child Support Service and Contractor’s staff. (See, Appendix E)

4.7.8 Contractor shall establish and provide an email response system for external customer contact and communication, to allow access for those customers who desire to communicate with the Child Support Call Center via email. The bidder shall propose the methodology for verifying e-mail addresses and ensuring adequate protection of transmitted data in their technical proposal.

4.8 Contractor Operating Responsibilities:

4.8.1 Contractor shall possess expertise in dealing with confidential information, sensitive issues and angry callers. Child Support Services is a legal enforcement process dealing with money and children. Contractor representatives shall be contacted by individuals who react angrily and emotionally about not receiving child support, not being allowed to visit their children, having their paychecks reduced involuntarily and tax refunds intercepted for payment of support, losing their driver and/or professional licenses, or perceiving they have in some way been deprived of their rights. The Child Support Call Center shall handle all contacts, with all internal and external customers (all persons), with the highest degree of professionalism and respect.

http://www.da.ks.gov/ps/subject/holiday.htm


4.8.2 Contractor shall ensure that, while the Child Support Call Center will exist at a location separate from Child Support Services, it must operate and appear to the public as a “seamless” part of Child Support Services through close coordination with Child Support Services, Child Support Services’ field offices and other Child Support Services Contractors.

4.9 Managing and Staffing the Child Support Call Center:

4.9.1 Contractor must provide at least two fluent Spanish/English Child Support Call Center full time representatives and demonstrate an alternative method to sufficiently accommodate Child Support Services customers in the event of the absence of both bilingual staff and shall add personnel to accommodate future specific language needs, as directed by the CSS director or designee as the need for additional languages becomes apparent. The Child Support Call Center shall have the ability to provide services to any person in any language. Provisions for Deaf callers through current technology must be made available.

4.9.2 All employment of staff by Contractor shall be subject to an ongoing review by Child Support Services for adequate qualifications and performance to ensure that standards are met which satisfy the requirements of the contract.

4.9.3 All personnel necessary to carry out the terms, conditions and obligations of this contract

shall be the responsibility of the Contractor. Contractor shall hire, fire, train and supervise such professional, paraprofessional and support personnel as are necessary to carry out the terms of this contract. No contract staff shall be considered employees of Child Support Services or the State of Kansas.

4.9.4 Contractor’s staff and representatives shall be required to sign and comply with all confidentiality and security agreements required by Child Support Services. (See, Appendix C & H & I)

4.9.5 It is important that timely but thorough services be provided by the Child Support Call Center. A comprehensive response to a caller’s concerns must not be sacrificed to achieve a higher volume of calls handled per representative. Representative incentives must not be based solely on the number of calls handled, but also on the comprehensiveness of how the calls are resolved. Staffing levels must be based upon the call volumes and shall not fall below the State approved established levels of calls being answered within the 2 minute requirement. The technical proposal must include the number of calls each representative shall be expected to handle per day. The bid evaluation will include the bidder’s ability to maintain a high quality of responsiveness.

4.9.6 Contractor must provide an adequate staff of experienced personnel capable of, and dedicated to, the successful accomplishment of the work to be performed under these specifications. Generally, Contractor’s staff must have customer service experience, appropriate phone etiquette, the ability to work under pressure, effective computer skills, and the ability to attend to detail while working on multiple tasks. Contractor must, at a minimum, staff the Child Support Call Center with the following personnel:

4.9.6.1 Contractor must employ a full-time Call Center Manager, who shall work on-site at the Contractor’s operating facility and who shall be solely dedicated to the operation and management of the Call Center. The Call Center Manager shall have the overall daily responsibility for compliance with all contract requirements and authority to make decisions regarding day-to-day operations. The Call Center Manager shall serve as the agency’s main point of contact with the Contractor and shall follow instructions provided by the CSS Director or


designee.

4.9.6.2 The Call Center Manager must have prior customer service call center experience and at least (5) years IV-D experience. IV-D experience is defined as having been employed by a state office, county office, regional, or vendor-operated office working in the day to day operations of a IV-D office.

4.9.6.3 In addition to the Call Center Manager, the Call Center Supervisors must have at least (5) years prior IV-D experience working in child support enforcement programs.

4.9.6.4 Child Support Call Center Representatives: Contractor shall attempt to hire qualified call center representatives, preferably who have Child Support experience.

4.9.6.5 At no time shall the Contractor place a Manager or Supervisor on the project without the prior approval of the Child Support Services Director or specified designee.

4.9.6.6 A Telephony Support Person for the support of the IVR shall be provided by the Contractor and all costs associated with this person shall be included in the annual cost.

4.9.6.7 Trainer: Contractor must have a trainer with at least 5 years’ experience in child support enforcement.

4.9.7 The bidder shall provide qualifications for all staff categories and a staffing plan, including a project organization chart, number of staff in each category, and justification for the proposed staffing levels.

4.9.8 The Call Center Manager and Supervisors proposed for this bid must meet the Qualifications listed above. The State reserves the right to interview and give final approval of all Call Center Manager and Supervisors before they are placed in project staff positions by the Contractor. The State also reserves the right for approval of the Contractor removing the Call Center Manager and Supervisors from the project once they are assigned.

4.10 Answer and Respond To Calls: Contractor must:

4.10.1 Answer all incoming calls to the Child Support Call Center providing full and accurate responses to Child Support Services’ internal and external customers.

4.10.2 Respond within 24 hours to all messages to the Child Support Call Center providing full and accurate responses to Child Support Services’ internal and external customers.

4.10.3 Make outgoing calls to customers and follow-up on all customer inquiries in accordance with Child Support Services’ policies and procedures.

4.10.4 Provide all responses to customers in a courteous and respectful manner, documenting all calls and follow-up actions on the KAECSES system or other automated replacement system implemented by CSS.

4.10.5 Provide TDD (Telecommunications Device for the Deaf) access for the hearing impaired, or other improved technology as it becomes available.


4.10.6 Provide technology that shall record, store and retrieve all Child Support Call Center phone conversations and enable the Contractor or Child Support Services to access conversations at any time without prior notice. Contractor shall describe the technology proposed including the content of notices to inform callers that their conversations might be monitored and/or recorded. Contractor shall describe the length of time said calls shall be archived (not less than 6 months).

4.10.7 Transfer calls to the appropriate Child Support Services’ representative where case notes reflect that the applicable Child Support Service representative will accept or is expecting the call transfer. If the Child Support Services representative is unable to accept the call, or if the telephone line is busy, Contractor shall inform the caller and forward an electronic message to the Child Support Services representative, unless the call involves a threat to persons or property of the State. [See, 4.10.21 below]

4.10.8 Once the call is answered and a caller needs to be placed on hold, hold time shall not exceed four (4) minutes and a caller should not be left in the hold state for more than two (2) minutes before checking back with the caller.

4.10.9 Provide appropriate message or call routing when the system is down or busy.

4.10.10 For any outages of the IVR lasting longer than one (1) minute the Contractor shall report the outage to the Child Support Services Director or designee within ten (10) minutes of the occurrence. In the event an outage lasts longer than fifteen (15) minutes, status reports shall be made to the Child Support Services Director or designee every hour until the issue is resolved or the Child Support Services Director or designee directs otherwise.

4.10.11 In the event of the IVR not functioning correctly and causing problems with client calls, Contractor shall be required to report such issues to the Child Support Services Director or designee within ten (10) minutes of the occurrence.

4.10.12 Provide for priority access by separate phone number(s) for the Call Center Manager and Supervisor(s) for the Child Support Service Director or designee to directly contact Child Support Call Center management.

4.10.13 Provide the ability for transferring calls to a supervisor or senior representative for the purpose of resolving a call which needs more adept handling (i.e.: expertise or difficult caller or complaints regarding specific Child Support Service personnel).

4.10.14 Provide the ability to immediately transfer all media inquiries to the Child Support Services Director or designee.

4.10.15 Provide the ability to immediately transfer all legislative inquiries to the Child Support Services Director or designee.

4.10.16 Provide the ability that callers who specifically request information under the Freedom of Information Act, Open Records Act, or the Privacy Act to immediately transfer to the Child Support Services Director or designee.

4.10.17 Provide a plan to handle short term, high volume call loads.

4.10.18 Provide that all incoming calls, inter and intra state, shall be toll free.

4.10.19 Bidder shall describe the bidder’s process for handling and reducing repeat contacts regarding the same issue.


4.10.20 Contractor shall be responsible for the handling of all types of calls, responding to emotional callers, employer inbound calls, requests for material, potential outbound calls and case documentation, etc.

4.10.21 Develop and test a plan for immediate communication to the Child Support Services Director or designee of bomb threats, threats directed to individual Child Support Service or Contractor staff, etc.


4.11 Additional Call Center Requirements: The Contractor must:

4.11.1 Forward any received correspondence or facsimile that requires action by Child Support Services staff or contractors as appropriate within twenty-four (24) hours of receipt.

4.11.2 Update address data in KAECSES or other automated replacement system implemented by CSS when provided by a caller and verified pursuant to rules provided by Child Support Services.

4.11.3 Educate the caller on the importance of maintaining current address information and Contractor’s representative shall screen all cases they handle for missing data, phone number(s) and addresses.

4.11.4 Update employment information when the caller provides a new employer for a Child Support case. If the call is in regards to a Federal Employer Identification Number (FEIN) or employer address change, the information shall be taken from the caller and forwarded to the appropriate Child Support Service Central Office employee so they may make the changes to update the Child Support Service’s table.

4.11.5 Update health insurance coverage information when provided by employer or parent, and ensure Child Support Services collection officer has been provided the new information. When communicating with employers or parents the Child Support Call Center staff should ensure the medical insurance information is current on KAECSES or other automated replacement system implemented by CSS.

4.11.6 Collaborate with Child Support Services on continuous quality improvement and prevention measures.

4.11.7 Inform and obtain approval from the Child Support Services Director or designee prior to implementation of major decisions that may affect shared processes with the Contractor or could impact customer service. The information provided by the Contractor must include the expected impact.

4.11.8 Prior to making any procedural changes Contractor shall seek approval from the Child Support Service Director or designee.

4.11.9 Develop and administer a joint customer complaint resolution process with Child Support Services.

4.11.10 Designate managers (single points of contact) who shall provide an interface with IT personnel from the State to support the Child Support Call Center technology and connectivity. (See, Appendix E & F)

4.11.11 Detail other activities the Child Support Call Center staff can perform for Child Support Services during times when not engaged in responsive phone activities which shall include but not be limited to: out-bound calling such as collection calls, reminder of court dates, contact concerning missed payments, employer contacts regarding income withholding orders, gathering income information, health insurance or other pertinent information, etc.

4.11.12 During the hours of operation of the Child Support Call Center there shall be at least two (2) staff that are designated as “Employer Call Specialists”. Employer Call Specialists shall take all employer calls in addition to other calls. Employer Call Specialists shall be responsible for answering questions regarding Income Withholding orders, employer


concerns, employment terminations, employer inquiries sent by CSS or other as needed. The IVR shall include an option for Employers.

4.11.13 Comply with Child Support Service requirements when a Family Violence Indicator (FVI) indicates that an individual is a potential victim of family violence and disclosure of information about the individual is strictly limited.

4.11.14 The Child Support Call Center shall assist in outreach programs as directed by the Child Support Services Director or designee.

4.11.15 Contractor shall not use the facility or staff hired for this specific RFP to operate any other business other than what is agreed upon under this RFP.

4.12 Visits to the Contractor:

4.12.1 With no advance notice, Child Support Services, designated staff or federal personnel may visit the Contractor at any time to observe and inspect the operations of the Contractor providing service under this agreement.

4.12.2 Contractor shall maintain records sufficient for Child Support Services to complete performance audits. The Contractor shall fully cooperate with Child Support Services and other state and/or federal auditors.

4.12.3 Contractor shall supply an on-site office space that is available in the event the Child Support Service Director or designee makes an on-site visit. Contractor shall provide an adequate desk, chair, telephone, basic office supplies, access to printer, copier, fax machine, access to the DCF system/network including but not limited to KAECSES or other automated replacement system implemented by CSS, Outlook, LAN connections (including Internet and printer access) and provide a free parking space. Contractor must provide the staff designated by the IV-D Director with training and full access to the Child Support Call Center systems, including real-time conversations and all records or data medium. The state staff will be subject to the appropriate security checks required for this access. The Contractor shall pay for all long distance or local business related calls made by state staff.

4.13 Case Documentation:

4.13.1 Contractor shall create a detailed explanatory case note on the KAECSES CSLN case log for each caller or email inquiry for which there is a Child Support Service case on KAECSES or other automated replacement system implemented by CSS. A case note must be created even if the call is transferred to Child Support Services. If the call does not pertain to a case existing in KAECSES or other automated replacement system implemented by CSS, it shall be logged separately, in a form submitted to Child Support Service on a monthly report. If it is necessary for the local office to be notified of new information provided by the caller, or follow up activity requested by the caller, or the caller needs to speak directly to the Child Support Services Representative the Contractor shall first attempt to transfer the caller to the Child Support Services representative and if not able to connect with the Child Support Service Representative then the Contractor shall send an email using Child Support Services’ approved email messaging system and leave a message. (A majority of the referrals to Child Support Service offices will be made by electronic messaging to the specific Collection Officer’s designated email address. This communication can be achieved by electronically inserting a copy of the detailed explanatory case log entry into Child Support Services’ approved email with identification of the caller and case number and other comments as necessary.)


4.13.2 Federal regulations contain detailed performance requirements and timeframes; therefore it is mandatory for the Contractor to maintain necessary documentation to ensure compliance. Contractor must use the state wide computer system (KAECSES or other automated replacement system implemented by CSS and enhancements) and shall ensure that each computerized case record reflects all communications and all documentation relating to the case. In doing so, Contractor must follow procedures and operating instructions as directed by Child Support Services.

4.13.3 Contractor shall update all applicable screens in KAECSES or other automated replacement system implemented by CSS based on information provided by callers. Failure to provide comprehensive and accurate documentation could result in a finding of contract non-compliance.

4.13.4 All electronic correspondence must be archived for a minimum period of five years, unless there is ongoing litigation. If involved in litigation, such case electronic communications must be archived for five years after the end of such litigation.

4.13.5 Additional requirements regarding documentation can be found in the Kansas Child Support Services Manual and CSS Policy Documents. These documents are not available publicly. Accordingly, bidders may schedule appointments to view these documents with Ms. Tulasi Cotsoradis at (785) 296-0006. Appointments will be scheduled in 2-½ hour blocks of time.

4.14 Software and Hardware:

4.14.1 Contractor shall be responsible for acquiring and maintaining all computer equipment including but not limited to PC’s, telephones, IVR, call distribution system, hardware and all software needed to execute this contract. All equipment, hardware and software must be approved by the State prior to implementation of the project. See the standards listed below in Appendix E and F.

4.14.2 Contractor is encouraged to propose new technologies or processes that the Contractor feels will enhance the customer experience. Any new technologies or processes must be approved by the Child Support Director or designee prior to implementation.

4.15 State Responsibilities:

4.15.1 Name a Child Support Services designee to collaborate with the Contractor’s Child Support Call Center Manager and to exercise any authority delegated by the Child Support Services Director.

4.15.2 Confer with the Contractor on major decisions, reserving the right to make the final decision.

4.15.3 Direct the Contractor to replace Contractor’s staff with equally or more qualified staff, at Child Support Services’ discretion.

4.15.4 Work with the Contractor to develop a joint customer complaint resolution process.

4.15.5 Include the Contractor in new training sponsored by Child Support Services.

4.15.6 Coordinate with the Contractor to ensure the use of current State and Federal statutory, regulatory and policy updates and changes; as well as other manuals or information required for full answer to customer questions.


4.15.7 Provide Contractor access to KAECSES or other automated replacement system implemented by CSS and Outlook, other systems or information as needed to perform contract functions. (See, Appendix E & G)

4.15.8 Permit access to the Contractor, as allowed by law, to pertinent case information.

4.15.9 Approve Contractor Management and Supervisor staff prior to placement on the project.

4.16 Monitoring:

4.16.1 Federal Authorities review the State Child Support Service for performance in accordance with federal standards which may include Contractor activities. Child Support Services will monitor and review Contractor’s performance through on site visits, review of computer activity, review of performance data, data provided pursuant to this contract and other relevant information. Child Support Services retains complete authority for interpreting performance under the terms of this contract. When deficiencies are identified Child Support Services will request a Corrective Action Plan to address any deficiency or deficiencies discovered by Child Support Service monitoring or Federal Audit. The Contractor shall have 30 days to respond with responses detailing how the deficiency is being addressed and the steps to correct the deficiency. The State has the right to accept or reject the Corrective Action Plan.

4.16.2 Child Support Services will notify the Contractor within 15 days of the receipt of a Corrective Action Plan of the acceptability of the plan and allow 5 days for the Contractor to submit a clarification or revision if the Plan is deemed to be unacceptable to Child Support Services. Acceptance of the Plan by Child Support Services does not guarantee that the implementation of the Plan will result in elimination of the deficiencies for which future penalties for non-performance may be applied by Child Support Services.

4.16.3 Child Support Services will impose a financial penalty for failure to correct the cited deficiencies within the corrective action period. To the extent such failure is beyond the control of the Contractor, as determined by Child Support Services, a penalty will not be imposed. The penalty shall initially be assessed by withholding 10% of the monthly payment due for each of the next three months. Thereafter, on a quarterly basis, the penalty will be increased by an additional 5% of each monthly payment due in each subsequent quarter in which there is a continued failure to meet the standard. Imposition of such penalty shall not preclude contract termination. If Child Support Services imposes any such financial penalty it will do performance reviews during the penalty period. Any such money withheld is forfeited by the Contractor and retained by Child Support Services. Any failure to meet the performance standards required herein shall not result in the imposition of a financial penalty under this subsection until 12 months after the starting date of this contract.

4.16.4 Child Support Services will maintain performance information about the Contractor which will be based upon site visits, review of computer activity, data provided pursuant to this contract, timeliness in taking required actions and performing other contract functions and other relevant information. The records will be maintained by Child Support Services in a manner which allows review by the Contractor. Contractor shall be required to provide certain reports to Child Support Services which have not been developed at this time. Failure by the Contractor in any of the contract functions could result in penalties as set out in the contract.

4.16.5 At any time Child Support Services discovers a deficiency or deficiencies under the contract, Child Support Services may issue a letter delineating the deficiency or


deficiencies, setting a corrective action time period, and may require submission of a written corrective action plan within 15 days or impose penalties.

4.16.6 Contractor shall conduct random reviews of calls taken by Call Center employees. Contractor shall propose the method for review to be approved by the Child Support Director or designee. Calls reviewed should vary based on the experience and performance of the employee sampled. Contractor shall provide of the outcome of these reviews upon request of the Child Support Director or designee

4.16.7 Customer satisfaction will be measured through surveys (letters and random phone calls) to customers and Child Support Service field staff provided by the State. Such data may be used in determining whether a penalty could be imposed. Any surveys conducted by the Contractor require the prior approval of the CSS Director or designee.

4.17 Contractor Performance and Compliance Standards:

4.17.1 Contractor shall meet the following performance standards in providing certain customer service tasks that follow compliance service standards listed in this section:

Answer time Resolution rate Accuracy Busy signals Abandoned calls Response to messages Check-back for calls on hold

The following table shows the performance standards and penalties:

Performance Standard PenaltyHold time less than 2 minutes for 98 percent of calls

1 percent for each percentage point lower; maximum 10 percent

Hold time less than 30 seconds for 80 percent of the callsBusy rate less than 1 percent of calls

1 percent for each percentage point higher; maximum 5 percent

Resolve rate greater than 90 percent

1 percent per percentage point less than 90 percent; maximum 10 percent

Respond to messages within 24 hoursError rate less than 5 percent of calls

One-half percent for each percentage point above 5 percent; maximum 5 percent

Hold-time in-process calls 4 minutes with 2-minute check-backs Goal: no more than one justified complaint per monthAuto-answer all incoming calls to the Child Support Call Center. If auto-answer is not operable, all calls should be answered by the 3rd ring.

No more than 5% of calls shall be abandoned. The calls will be measured by comparing monthly

A penalty of up to 5% will be assessed. 1% for each percentage point higher than 5%.


total calls to the Child Support Call Center with total of abandoned calls from the Child Support Call Center telephone lines.No more than 1% of callers shall receive a busy signal, measured by comparing monthly total calls to the Child Support Call Center with total of incoming calls that receive busy signals from the Child Support Call Center telephone lines.

A penalty of up to 5% will be assessed. 1% for each percentage point higher than 1%.

4.17.2 At the sole discretion of the Child Support Director any of the above penalties may be waived in situations and circumstances where the Director deems warranted.

4.17.3 In the event that Customer calls are on hold longer than 30 seconds the caller should receive a message that states “Your call is important to us. Please remain on the line and a representative will be with you as soon as possible.” This message must play every 30 seconds after the initial 30 second hold time.

4.17.4 Contractor shall resolve as many calls as possible and transfer only those calls that require an action that cannot be performed by the Contractor to the appropriate Child Support Service representative for response. If the caller is not connected to a Child Support Service representative then the Contractor shall send an email to the appropriate Child Support Service representative for a response. The Contractor shall check the CSLN (KAECSES screen for narration) screen to see if the Child Support Service personnel have requested a direct transfer of a specific call. The Contractor shall resolve, at a minimum, 90% of all calls received. (See section 4.17.1) Note: The definitions of “resolved” and “unresolved” may be amended from time to time by Child Support Service Director or designee.

4.17.4.1 “Resolved” is defined as: The caller received the information requested, no follow-up was necessary, and the call is documented regarding IV-D cases on CSLN or documented as prescribed for non-case specific calls.

4.17.4.2 “Unresolved” is defined as: The caller was forwarded to the applicable Child Support Service representative without prior request of Child Support Service representative. The call information was forwarded to the applicable Program office for response, or the call was terminated without resolution by the caller or CSCC representative.

4.17.5 Child Support Call Center Liquidated Damages: Please note, damages will be based on whole percentage points and all percentage calculations will be rounded to the nearest tenth.

4.17.6 Contractor’s failure to comply with the standards of performance set forth herein relative to the operation of the Child Support Call Center shall result in the following liquidated damages. This liquidated damages provision will be applicable beginning six months after contract inception. Liquidated damages will not be assessed for any calendar month during which incoming Child Support Call Center call volume increases by more than thirty (30) percent over the volume for the prior calendar month.

4.17.7 Contractor will be assessed liquidated damages of 1% of the applicable monthly contract fee any time the hold time exceeds 2 minutes for more than 2% of the total monthly calls, up to a maximum penalty of 10%.


4.17.8 Contractor will be assessed liquidated damages of 1% of the applicable monthly contract fee any time the total abandoned calls exceeds more than 5% of the total monthly calls.

4.17.9 Contractor shall not have its staff answer calls and immediately place the Child Support Call Center customer on hold in order to avoid the assessment of Liquidated Damages, nor use any other method which is non-responsive to customers, as determined by Child Support Services, to avoid the assessment of liquidated damages.

4.17.10 Contractor will be assessed liquidated damages of 1% of the applicable monthly contract fee for each whole percentage point that the referral rate to Child Support Service representatives exceeds 2% of total “call back requests” that should have been resolved by the Contractor during the month. Child Support Services may waive this assessment if circumstances over which Contractor had no control significantly contributed to the increase in the call referral rate. There are two (2) types of referrals:

Referral for the purposes of this contract is defined as an email or call transfer to a CCS local office requesting a worker to initiate an action on a case or advise the worker of pertinent information regarding the case;

Referrals for the purpose of having the local state agency offices make a call back to a client by the local state agency offices.

4.17.11 Contractor shall comply with the request for a corrective action plan and with the terms of any approved corrective action plan. Contractor will be subject to penalties as discussed in Section 4.16.3 for failure to comply.

4.17.12 Child Support Services retains authority for interpreting performance under the terms of this contract.

4.17.13 Contractor shall cooperate fully with any data collection and evaluation activities carried out by Child Support Services in connection with the services performed under this contract. Contractor shall not initiate any evaluations that have not been approved by the Child Support Director.

4.17.14 Contractor shall indemnify Child Support Services for any and all Federal penalties or sanctions imposed as a result of the Contractor’s failure to perform in accordance with Federal requirements.

4.18 Coordination with CSS:

4.18.1 Contractor shall be responsible for mailing and documenting in KAECSES or other automated replacement system implemented by CSS on the appropriate screen the following correspondence as a result of a request from a caller and taking the appropriate action on the returned documents as indicated below or as directed by the Child Support Director or designee: Contractor shall be responsible for postage. CSS expects this volume to be approximately 600 documents per month.

Child Support Services Applications: Scan and email to appropriate Local CSS office CSS Handbook or refer to web: No responses will be received Paternity Questionnaire: Scan and email to appropriate Local CSS office Address Verifications: Scan and email to appropriate Local CSS office Employment Verifications: Scan and email to appropriate Local CSS office Hearings Requests (date, time, subject, etc.): Email request information to

appropriate Local CSS office along with transferring the call to the Local CSS office Modification Packet: Scan and email to appropriate Local CSS office Child Support Services brochures and pamphlets: no response needed


4.19 Training:

4.19.1 Contractor shall be responsible for all initial and ongoing training of Child Support Call Center staff:

4.19.2 Contractor shall provide a trainer who has at least 5 years child support enforcement experience.

4.19.3 Contractor shall be responsible for training Child Support Call Center staff to ensure that they have gained the required knowledge to answer and fully resolve customer calls.

4.19.4 The training curriculum must include Child Support Services policy and procedures, and KAECSES or other automated replacement system implemented by CSS training. At a minimum Areas to be covered are:

Overview of Child Support Services’ process and functions and an overview of the Child Support Services program and its administrative structure;

Outlook Email access and use; Definitions of commonly used Child Support Services terminology: Case log reading and narrating; Locate; Establishment; Enforcement; Finance; Interstate procedures; Call screening; IRS Confidentiality Appropriate Kansas State Statue and Regulations Any other training as directed by the Child Support Director or designee.

4.19.5 Contractor shall be responsible to teach telephone skills, call management and interviewing techniques.

4.19.6 All training materials prepared or adopted by Contractor shall be provided to Child Support Services for review and approval, prior to training, by the Child Support Director or Designee.

4.19.7 Ongoing training shall be conducted internally by the Contractor to announce and promote changes in Child Support Service policy or processes, to rectify problem areas, or provide timely notification to Contractor’s staff about temporary Child Support Service office openings/closings and related issues. In addition to periodic training the Contractor shall maintain a training plan that includes, at a minimum, mandatory training for staff every 6 months to ensure they are current on all policies and procedures. In the event the CSS Director or designee issues a directive or new policy such information shall be immediately disseminated to all Call Center Employees and implemented immediately.

4.20 Primary Operating Facility and Hours of Operation:

4.20.1 Contractor shall establish a primary operating facility at a single site through the rental or purchase of appropriate size facilities within the State of Kansas. The State must approve of the location prior to any lease of property being signed. The purpose of the primary operating facility shall be the Contractor’s performance of all child support related customer service functions in accordance with the provisions set forth in this RFP and any resulting contract. Contractor shall not use the facility to operate any other business


other than what is agreed upon under this RFP. All hardware and network communications must be located at the primary site and the coordination of such must be approved by the State. Contractor shall be responsible for all modifications to the facility. In addition, the Contractor shall be responsible for establishing and maintaining the needed security, fire control, telephone lines, and related equipment for the facility including work space for staff. The State reserves the right to reject the primary facility established by the Contractor. All service provisions must be maintained within the State of Kansas, United States of America.

4.20.2 While the IVR System shall be operational 24 hours per day, 7 days per week; the Contractor shall adequately staff and provide the ability to transfer calls from the IVR to live operators during the normal business hours of 7:00 am to 6:00 pm.

4.21 Call Center Technology: The Contractor must:

4.21.1 Use the most current software technology for the IVR and periodically upgrade the system as new versions of the IVR software provides.

4.21.2 In conjunction with and subject to the approval of Child Support Services, develop and document a protocol (including scripts) for the operation of the Child Support Call Center IVR, which shall become the Customer Service Protocol handbook. Bidder shall describe the process it proposes to use to develop the script and should submit an existing script it has produced as an example of its experience in developing such a guide.

4.21.3 Provide periodic reports, no more frequently than quarterly, detailing suggested process improvements through technology and innovations to improve the Child Support Call Center operation and customer satisfaction.

4.22 Interactive Voice Response System (IVR):

4.22.1 Contractor shall be responsible for supplying an IVR (software and servers) and all maintenance of the IVR. Contractor shall see that the IVR meets the needs of the State in answering and handling the calls, transferring calls to the appropriate person or agency and providing program information and office locations. Contractor shall work with the designated State staff in regards to the daily operation of the IVR and uploading and exchange of information from CSS and Kansas Payment Center (KPC). In addition to answering calls for the Call Center the IVR will need to provide payment information from the KCP. The IVR shall provide options for English and Spanish language speakers and any additional languages that CSS may request.

4.22.2 The Department currently maintains (and awarded contractor shall use) the following toll free numbers - 1-888-757-2445 (TTY 1-888-688-1666, for the hearing impaired) that are answered by the IVR System 24 hours per day, 7 days per week with the ability to transfer to live operators during normal business hours.

4.22.3 CSS will provide a payment file that contains payment information for each Non-custodial Parent (the last 4 Payments Received at a minimum) from their database for upload of payment information to the IVR. The current IVR information does not include IV-D Disbursement Information.

4.22.4 The information provided by the Contractor IVR shall include providing program information and office locations, specific amounts collected from each absent parent, the amount of current support collected and the IVR shall list the last 4 Payments Received. The information provided by the Contractor via the IVR shll be approved by the CSS Director or designee.


4.22.5 The IVR must provide technology that shall record, store and retrieve Child Support Call Center phone conversations and enable the Contractor or Child Support Service to access conversations at any time without prior notice.

4.22.6 The IVR must provide the capability to issue broadcast notices at the option and request of CSS.

4.22.7 CSS reserves the right to change information provided on the IVR from time to time. The IVR should have the ability to provide emergency messages as approved by the CSS Director or designee.

4.23 Meeting/Reports Requirements:

4.23.1 Unless otherwise specified by the Child Support Services Director or designee in writing, the reporting and meeting requirements stated herein are effective throughout the duration of the contract.

4.23.2 Contractor shall meet with the state agency, at a minimum, weekly during the first sixty (60) calendar days after the effective date of the contract and twice every month thereafter, at the Child Support Services Director or designee’s discretion, to discuss issues raised by the Contractor as well as concerns of the Child Support Services staff. These meetings, at the discretion of the Child Support Director or designee, may be held by teleconference. Additionally, beginning two (2) weeks after the effective date of the contract, the Contractor shall provide Child Support Services Director or designee with written (email or hard copy) specific progress reports every two (2) weeks. These reports must include significant events, progress on procedures development, staffing levels, problems or backlogs encountered, planned activities for the next reporting period, meetings held, and other information deemed necessary by Child Support Services or the Contractor. Distribution of these reports shall be determined by Child Support Services and provided in writing to the Contractor.

4.23.3 At the request of Child Support Services, the Contractor’s Call Center Manager and associated administrative staff shall attend periodic Child Support Services staff meetings and training conferences. Expenses incurred by the Contractor’s staff to attend these sessions shall be the responsibility of the Contractor. Child Support Services anticipates a maximum of twelve (12) meetings shall be required annually.

4.23.4 Contractor shall report to the Child Support Services Director the following statistics on a daily, weekly, and monthly basis in an electronic format approved by Child Support Services. All monthly reports are due by the 10 th of each month. Weekly reports (Monday – Friday) are due each Wednesday of the following week, daily reports are due by close of business the following day. Child Support Services Director or designee reserves the right to approve all report layouts. If the Contractor fails to provide the required monthly reports by the 10th of the month they will be subject to a fine of $150.00 per day that the reports are late. The reports (daily, weekly and monthly) shall include but not be limited to the following items:

Total number of calls routed to the Child Support Call Center from the Child Support Services toll-free number;

Total number of calls requesting a customer service representative; Total number of calls picked-up by a customer service representative (customer

service representative speaks with caller); Total number of calls resolved by a customer service representative; A list by case number and local state agency office of the total number of calls

resolved by a customer service representative; Total number of calls abandoned while waiting for a customer service representative


(caller hangs up before speaking to a customer service representative); Maximum wait time for abandoned calls; Total number of calls deflected (lost call rate – holding queue is full and cannot

accept incoming calls—caller gets a busy signal); Total number of calls broken down by demographics and outcome of call: Total number of calls answered by a customer service representative for each local

state agency office; Total number of calls referred (via email) to a CCS local office requesting a worker to

initiate an action on a case or advise the worker of pertinent information regarding the case;

Total number of calls referred (via email) for the purpose of having the local state agency offices make a call back to a client by the local state agency offices;

A list by case number and local Child Support Services office of the calls answered by a customer service representative for each local state agency office;

Average call talk time (average length of individual calls); Average wait time before caller speaks with a customer service representative; Maximum wait time before caller speaks with a customer service representative; Average wrap-up time (time customer service representative needs after ending one

call and becomes available to answer next incoming call); Total Amount of Down Time (amount of time during operating hours that calls could

not be routed to the Child Support Call Center); Total Amount of Talk Time (total amount of time all customer service representatives

spend talking with callers); Average number of customer service representatives available to answer incoming

calls; and Number of After Hours Calls (calls routed to Child Support Call Center outside of

normal operating hours).

4.23.5 Exclusive of the state approved email system, Contractor shall not transmit case data, customer data, or voice recording or translations via the Internet.

4.23.6 Contractor shall not integrate state agency data with any other data of the Contractor except for the purposes of this contract.

4.23.7 The Child Support Call Center shall prepare and submit management reports and other requested information to Child Support Services in a compatible word processing, spreadsheet, database and charts/graphs format agreeable with Child Support Services.

4.23.8 Management reports shall summarize the activity of the Child Support Call Center for the reporting period, at least monthly, and identify any performance, scheduling or financial problems. Bidder must describe in the technical response how these reports shall be generated, to include data collection methods.

4.23.9 All reports shall be developed by the Contractor in cooperation with Child Support Services.

4.23.10 Any reports recommended by the Contractor in their proposal must be approved by Child Support Services.

4.23.11 Contractor shall maintain a system for reporting caller complaints related to ‘no contact response’ by the responsible Child Support Services representative after an initial follow-up inquiry cannot be resolved by Child Support Call Center and must be sent to the appropriate Child Support Services office for resolution. A “follow-up” complaint in this instance results when a Child Support Call Center customer has previously called, their inquiry has been referred to a Program representative with the expectation that a response will be forthcoming within a stated period of time (two business days), and the


customer calls back after the stated time, complaining of a lack of response. Contractor shall note these instances on a Contact Problems Report and send another inquiry regarding the complaining caller to the appropriate Child Support Services representative and supervisor. This report shall be submitted to Child Support Services Central Office weekly for each of the Child Support Services field offices.

4.23.12 In addition to other reporting requirements stated herein, Contractor shall prepare and submit monthly reports to Child Support Services, by the 10th of the following month, regarding the following Child Support Call Center transactions, compiled by individual Child Support Service office with a State total. Call statistics may be gathered through a representative sample of 15% minimum, and should be summarized by contacting persons, such as:

Custodial person; Non-custodial person; Governor’s Office; Legislators; Media; Attorney; Judge; Employer; Financial Institution; Other states; Kansas Child Support Services offices; IV-A agency; Other

4.23.13 The monthly report shall show whether the call was regarding:

Payment problems; Collection actions; Service of process; Hearings; Complaint on case management; Representative conduct; Insurance/medical questions; Information on establishing paternity; Information on criminal charges; Information on locate; Genetic testing questions; Other case status questions; Change of address; Requesting modification of support order; Call back for follow up; General questions - Child Support Services; Questions on Child Support Services Internet Web site; Requests for Child Support Services brochures; Other.

4.23.14 The monthly report shall show if the case is an interstate case (outgoing or incoming) or an in-state case.

4.23.15 The monthly report shall show how the call was disposed, whether:

Caller received the requested information; Call information was forwarded to (name of office) for follow up;


Caller was connected to the KPC for additional information; Caller was transferred to (name of office).

4.23.16 Bidder shall provide other sample reports as a part of their bid which will assist in the efficient and effective management of the Child Support Call Center.

4.24 Coordination with CSS Management:

4.24.1 Working with the CSS Director and staff shall be an important part of the success of the Child Support Call Center. In order to build that coordination and work effort, Child Support Call Center administrative staff may be required to meet with Child Support Service administrative staff, at Child Support Services central office in Topeka or at other sites as designated, on a regular basis of not more than monthly. Meetings may be scheduled at other times as necessary to ensure communication, coordination and problem resolution.

4.24.2 Child Support Call Center staff shall attend training or meetings mandated by Child Support Services.

4.24.3 Contractor shall be required to participate in monthly teleconferences with the Director’s designee and regional program administrators for Child Support Services for the purpose of addressing any issues arising in the DCF regions regarding the Child Support Call Center.

4.25 General Contract Requirements:

4.25.1 Contractor agrees that all IV-D case information shall be used solely for contract performance and safeguarded as provided for in K.S.A. 39-709b and 39-759 and amendments thereto and federal and state laws, regulations, and policies pertaining to confidentiality.

4.25.2 Information obtained through the Federal Parent Locator Services, as well as address and asset information obtained through the Internal Revenue Service must be safeguarded according to regulations in 45 CFR 303.70 and Internal Revenue Code at 26 U.S.C. 6103(p)(4), Kansas Law and Regulations, and Child Support Service Policy.

4.25.3 Child Support Services will allow access to information by the Contractor to the extent not prohibited by federal or state statute. Any information received or accessed by the Contractor shall be used solely for purposes of fulfilling this contract.

4.25.4 Contractor or their staff shall not access any database or system which is accessible to the Contractor or their staff pursuant to this contract, for any purpose not directly related to performance under this contract. Any and all information obtained in performance of this contract shall be maintained in strict confidence and shall not be used for any other purpose.

Violation of these provisions may result in termination of the contract and possible criminal liability.

4.25.5 Contractor shall only respond to case specific questions from agencies authorized to receive such information and from the parties of a child support case, the custodial parent (CP) and the non-custodial parent (NCP), unless a written authorization to release such information to a non-party has been documented or is provided. Breaches of confidentiality may result in Contractor and individual liability for fines, penalties, and civil or criminal proceedings in accordance with applicable federal and state laws, regulations and policies.


4.25.6 All data collected and maintained by Contractor in the course of performing the contract shall be owned by Child Support Services. Child Support Services will be provided, without additional charge or cost, any Contractor software necessary to access data retained by Contractor to conduct analysis or generate reports.

4.25.7 Contractor shall respond without delay to any Child Support Service requests for information.

4.25.8 Upon discovery, Contractor shall refer any cases of suspected fraud related to child support or receipt of public assistance to the local DCF Service Center responsible for the case. Likewise, all cases of suspected child abuse or elder abuse shall be reported immediately to the Protective Services Worker/Unit of the local Department for Children and Families. Reporting shall be in accordance with the Kansas Child Support Services Manual.

4.25.9 Contractor performance under the contract shall not be contingent upon state personnel or the availability of state resources except those proposed actions of the Contractor specifically requiring access to state systems or those actions arising out of the normal cooperation which can be expected in such a contractual relationship. Child Support Services representatives will remain responsible to manage the case and perform Child Support Services functions.

4.25.10 Contractor shall notify Child Support Services immediately upon learning of any situation that might reasonably be expected to adversely affect office operations. Contractor shall, within one (1) working day, provide a written description of the situation and include a recommendation for resolution whenever possible.

4.25.11 Notwithstanding any contract provision to the contrary, a Disaster Plan for the Contractor’s office(s) shall be presented as part of the proposal and be developed into a fully functional and documented arrangement during the transition process. The disaster plan shall provide for the resumption of the Contractor office activities within 48 hours of a given national emergency or natural disaster, fire, or other acts of God, and include appropriate methods for notifying customers. The Child Support Director or designee has the authority to extend the 48 hours at their sole discretion or that of their designee. The plan shall cover, but not be limited to, such contingencies as internal data backup/restoration, generators, effective representative notification regarding where and when to report for work, and other such matters. Contractor’s disaster plan is subject to approval by Child Support Services Director or designee.

4.25.12 Contractor shall not be assessed penalties when a Service Outage is the result of a national emergency or natural disaster, fire, or other acts of God, provided the Contractor notifies the CSS Director or designee of such circumstances and the Service Outage is determined to have been beyond the control and without fault or negligence of the Contractor.

4.25.13 Contractor shall immediately notify Child Support Services of any emergency requiring the initiation of the Disaster Plan.

4.25.14 All contacts with State or Federal Legislators or media contacts by Contractor personnel regarding child support or related issues require prior approval by Child Support Services.

4.25.15 Contractor shall notify Child Support Services, in writing, of any loss of State equipment and software describing the reason(s) for the loss. Should Child Support Services-owned equipment be destroyed, lost or stolen, the Contractor shall be responsible to Child


Support Services for the amount of the residual value at the time of loss based upon the original purchase price.

4.25.16 The State shall retain ownership of any software and equipment which it purchases and places in the Contractor’s office. Contractor agrees to be responsible for the accountability of such equipment and software. Contractor shall notify the CSS immediately in writing of any loss of State equipment and software describing the reason(s) for the loss. Should the State owned equipment be destroyed, lost or stolen, the Contractor shall be responsible to the State for the amount of the replacement cost. Contractor must notify CSS immediately regarding any release of confidential information on equipment, including a full description and extent of disclosure.

Furthermore, pursuant to IRS requirements all computer and network equipment used in the performance of this contract will be considered the property of the State during the contract term.

4.25.17 Contractor shall operate according to standard accounting principles pursuant to GAAP and shall maintain standard accounting records including corporate balance sheets, statement of income, quarterly income statements, annual audits, annual budget reports and allow inspection by Child Support Services or state and federal auditors upon request at no cost to the state.

4.25.18 If any subcontracts are approved by the State, such sub-Contractors shall be subject to the general provisions, operating conditions and performance standards of this contract, and shall not release Contractor from any liability for failure to perform. If a subcontract is necessary it shall be at the expense of the Contractor and subject to state approval.

4.26 Security:

4.26.1 Contractor shall not access any database or system maintained by Child Support Services, or which may be accessible to Contractor pursuant to this contract, (due to arrangements made by Child Support Services with other agencies or entities), for any purpose not directly related to the purposes of the contract. Child Support Services will regularly monitor such Contractor access/non-access.

4.26.2 Contractor shall assure the confidentiality of Child Support Services’ information is maintained.

4.26.3 Contractor shall be responsible for providing a secure environment for disbursement of data, records and data processing operations. Contractor must secure all data from sabotage, manipulation, theft, or breach of confidentiality. Contractor shall be required to use KAECSES or other automated replacement system implemented by CSS and the existing state security requirements to limit access and manipulation within KAECSES or other automated replacement system implemented by CSS and its related systems.

4.26.4 Contractor shall provide onsite workspace for auditors or inspectors to include telephone, fax machine, photocopier and any computer system used by the Contractor in performance of this contract.

4.26.5 Contractor must implement any improvements or modifications indicated by a physical security review.

4.26.6 Contractor shall provide a secure area for the KAECSES or other automated replacement system implemented by CSS terminals to ensure only representatives with security clearance on KAECSES or other automated replacement system implemented by CSS have access.


4.26.7 Contractor must provide a security plan that covers all requirements in this RFP.

4.26.8 Contractor must require all staff to understand and sign Child Support Services’ Confidentiality Statement and IRS confidentiality statements. (See, Appendix C & D & H) (See, Appendix B for required IRS statement on confidentiality of information)

4.26.9 Contractor shall be required to perform background checks of all representatives of the Contractor or sub-Contractor who shall have access to the facilities or operations. Individuals who have access to participant addresses must have background checks run for restraining orders, violent crimes against persons, burglary and theft, or other crimes of dishonesty.

4.26.10 The usage of the network and software for unauthorized purposes or by unauthorized persons may result in termination of the contract.

4.26.11 Contractor shall ensure that all data downloaded from any source, or transmitted to Child Support Services, is free of computer viruses in accordance with State IT standards. Contractor shall reimburse Child Support Services for any costs incurred by Child Support Services to remedy Contractor caused computer virus problems.

4.26.12 Contractor shall report immediately upon discovery, any breach of confidentiality to the Child Support Services Director or designee. The breach of confidentiality is grounds for immediate firing.

4.27 Complaint resolution: The Contractor must:

4.27.1 Notify the Child Support Services Director or designee within one working day after Contractor has received a complaint about Contractor’s performance. Child Support Services Director or designee shall notify Contractor within one working day after Child Support Services has received a complaint about Contractor’s performance. Contractor shall respond to a complaint within one working day of receipt, or provide Child Support Services Director or designee with a schedule for resolving the complaint. It shall be Contractor’s goal to receive no more than one justified complaint per month. A justified complaint results when a Contractor representative’s behavior is documented as an inappropriate response to a caller. As examples such behavior includes: rudeness, inexcusable failure to carry through on commitments, inappropriate language, responses which are clearly disrespectful of the caller or incorrect (wrong) responses to the caller’s question. In the event that a Call Center Representative receives more than one justified complaint the Contractor shall adhere to the following for that Call Center Representative:

Verbal warning for the first offense. Written warning for the second offense. Suspended for 5 days for the third offense. Termination for the fourth offense.

4.27.2 Contractor shall be responsible for resolving customer complaints, in accordance with Child Support Service protocol and subject to Child Support Services Director or designee approval.

4.27.3 Contractor shall have an error rate of less than five percent (5%) of total calls. Errors occur when Contractor fails to:

Properly update KAECSES or other automated replacement system implemented by CSS case log and addresses;

Provide accurate information to callers and to Child Support Services;


Properly redirect callers; Keep busy signals, wait time and hold time within stated standards; Provide correct information to callers.

4.27.4 Contractor shall provide monthly quality control on specific percentages of calls answered by a Call Center Representative based on a Quality Control plan approved by CSS. If the error rate based on the Quality Control Plan exceeds the 5% allowable error rate then the penalties assessed will be as prescribed in Section 4.17.1. CSS will audit calls as needed to validate the contractor’s estimated error rate. Contractor shall provide an email process for Child Support Services to submit specific errors to the Contractor’s Onsite Manager for training or counseling individual Child Support Call Center staff.

4.27.5 Contractor shall develop appropriate reports regarding accuracy and timeliness to regularly monitor performance in these areas.

4.28 Transition Requirements for Implementation:

4.28.1 Contractor shall develop a detailed implementation/transition plan which sets forth activities to be accomplished and the time frames for their accomplishment. The tasks that the Contractor shall be required to complete prior to performing contract functions for Child Support Services must include:

A. Contractor shall develop a detailed training plan which describes the training to be accomplished prior to contract performance.

B. Contractor shall provide notice to all interested parties affected by this contract of the appropriate phone number or other contact information or methods and the transfer of the existing 800 number. Contractor must actively market to CSS customers to ensure that all appropriate calls by CSS customers are directed to the Child Support Call Center as early as practicable after contract implementation. Bidders should indicate in their bids how this will be accomplished. Contractor shall take appropriate measures to ensure when the phone company’s directory assistance operator is contacted for Kansas Child Support Services, the Child Support Call Center number is provided.

C. Begin Child Support Call Center services within 60 days of the award and signature of the contract, unless a longer period is allowed by the IV-D Director in writing. The Contractor shall include a proposed plan and time table for an efficient phase-in of Child Support Call Center operations.

D. Minimize any disruption of services provided to customers and other agency offices.

E. Maintain the level of effectiveness specified by the requirements of this RFP and the subsequent contract.

F. Within 60 days of implementation provide a detailed list of all State equipment and software owned by the State.


4.29 Turnover Requirements:

4.29.1 Contractor shall ensure a smooth turnover upon the termination or end of the contract. Contractor shall cooperate with Child Support Services in developing and implementing a plan for turnover which has no adverse effect upon Child Support Services or the customers.

4.29.2 Contractor shall present a general plan for Child Support Services approval which provides for an orderly and controlled transfer to either Child Support Services or a successor Contractor as part of the bid response. The Contractor shall present a detailed turnover plan 90 days prior to expiration of the contract term, but no later than 30 days after notice of contract termination.

4.29.3 In order to ensure the smooth transfer and efficient continuation of all contracted tasks back to Child Support Services or to any subsequent Contractor, the Contractor shall transfer all necessary software and equipment purchased for use in performance of this contract, with title, leasing or license rights thereto, to the extent the Contractor possesses the same, to a successor Contractor or Child Support Services;

NOTE: Software and equipment used by the Child Support Call Center necessary for the performance of the requirements of this contract which the Child Support Call Center Contractor does not have the right to grant a license to shall only be acquired with the written consent of the IV-D Director. The Child Support Call Center Contractor shall provide the IV-D Director with advance notice in writing of, and permit Child Support Service to participate in, any and all negotiations for the acquisition of such software and the license(s) necessary for Child Support Service to use and possess such software.

4.29.4 Contractor shall transfer to Child Support Services or the successor Contractor any and all system software, data files, application programs, documentation and scripts, manuals and training materials.

4.29.5 Contractor shall successfully and without delay complete the equipment transfer and lease assignment or transfer of other rights related thereto.

4.29.6 Contractor shall transfer ownership or rights to any phone numbers and email domains associated with the Child Support Call Center to Child Support Services or any successor Contractor. These phone numbers and email domains must be maintained during the whole contract term.

4.29.7 Contractor shall successfully complete all other tasks called for by the turnover plan prior to final payment.


COST SHEETMust be submitted separately from the Technical Proposal

(See Response Section, #1)

Bidder Name: ___________________________

Bidder FEIN: ____________________________

Please provide the total cost for the below as well as a detailed cost breakout by year. The State retains the right to ask for clarification or more information during the evaluation process.

Initial three year contract period (costs must be provided separately for each period specified below)

August 1, 2013 through June 30, 2014: $ _________________________________

July 1, 2014 through June 30 2015: $ _________________________________


Additional three-year renewal period (costs must be provided separately for each period specified below)





State of KansasDepartment of AdministrationDA-146a (Rev. 06-12)

CONTRACTUAL PROVISIONS ATTACHMENT

Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision:

"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12), which is attached hereto, are hereby incorporated in this contract and made a part thereof."

The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the _____ day of ____________________, 20_____.

1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

2. Kansas Law and Venue : This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

Contractor agrees to comply with all applicable state and federal anti-discrimination laws.

The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency.

6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.


11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 et seq.

12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.


Appendix B

IRS SAFEGUARDING CONTRACT LANGUAGE

Safeguarding of IRS information cannot be over emphasized. Severe criminal and civil penalties are imposed for misuse and/or failure to protect. By signing this new addendum each contractor affirms that they have read, understand and will comply with the attached language; and that they have read IRS Publication 1075 (a copy can be found at http://www.irs.gov/pub/irs-pdf/p1075.pdf); and that they will ensure that all employees of the contractor, who deal in any way with this contract, receive the initial IRS certification training and renew that certification yearly as required by the IRS; and that each such employee has signed the required documents, and that those signed documents are retained for review by the IRS and CSS.

Any suspected violation of the safeguarding requirements will immediately be brought to the attention of the Kansas IV-D Director for review prior to any report to the IRS.

I. PERFORMANCE

In performance of this contract, the Contractor agrees to comply with and assume responsibility for compliance by his or her employees with the following requirements:

(1) All work will be performed under the supervision of the contractor or the contractor's responsible employees.

(2) Any Federal tax returns or return information (hereafter referred to as returns or return information) made available shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Inspection by or disclosure to anyone other than an officer or employee of the contractor is prohibited.

(3) All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output and products will be given the same level of protection as required for the source material.

(4) No work involving returns and return information furnished under this contract will be subcontracted without prior written approval of the IRS.

(5) The contractor will maintain a list of employees authorized access. Such list will be provided to the agency and, upon request, to the IRS reviewing office.

(6) The agency will have the right to void the contract if the contractor fails to provide the safeguards described above.

(7) Contractor is responsible for compliance with each of the requirements in this entire document and in IRS Publication 1075; and agrees to hold the state of Kansas, the Dept. of DCF, and CSS harmless for violations by contractor or contractor’s employees or agents.

http://www.irs.gov/pub/irs-pdf/p1075.pdf


II. CRIMINAL/CIVIL SANCTIONS

(1) Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as five years, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized future disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure. These penalties are prescribed by IRC Sections 7213 and 7431 and set forth at 26 CFR 301.6103(n)-1.

(2) Each officer or employee of any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Inspection by or disclosure to anyone without an official need to know constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000.00 or imprisonment for as long as 1 year, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized inspection or disclosure of returns or return information may also result in an award of civil damages against the officer or employee [United States for Federal employees] in an amount equal to the sum of the greater of $1,000.00 for each act of unauthorizedinspection or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus in the case of a willful inspection or disclosure which is the result of gross negligence, punitive damages, plus the costs of the action. The penalties are prescribed by IRC Sections 7213A and 7431.

(3) Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

(4) Granting a contractor access to FTI must be preceded by certifying that each individual understands the agency’s security policy and procedures for safeguarding IRS information. Contractors must maintain their authorization to access FTI through annual recertification. The initial certification and recertification must be documented and placed in the agency's files for review. As part of the certification and at least annually afterwards, contractors should be advised of the provisions of IRC Sections 7431, 7213, and 7213A (see Exhibit 6, IRC Sec. 7431 Civil Damages for Unauthorized Disclosure of Returns and Return Information and Exhibit 5, IRC Sec. 7213 Unauthorized Disclosure of Information). The training provided before the initial certification and annually thereafter must also cover the incident response policy and procedure for reporting unauthorized disclosures and data breaches. (See Section 10) For both the initial certification and the annual certification, the contractor should sign, either with ink or electronic signature,


a confidentiality statement certifying their understanding of the security requirements.

III. INSPECTION

The IRS and the Agency shall have the right to send its officers and employees into the offices and plants of the contractor for inspection of the facilities and operations provided or the performance of any work under this contract. On the basis of such inspection, specific measures may be required in cases where the contractor is found to be noncompliant with contract safeguards.


Appendix C

IRS SafeguardingThis is to acknowledge that the requirements for safeguarding IRS tax return information have been explained to me and that I understand and agree to abide by these requirements. I further understand the penalties for inspecting and unlawfully disclosing tax return information to any unauthorized individual or agency. I have read the penalties for unlawful disclosure as they appear below.

Internal Revenue Code Sec. 7231 (Title 26 United States Code)Unauthorized Disclosure of Information

(a) (2) STATE AND OTHER EMPLOYEES — It shall be unlawful for any person . . . willfully to disclose to any person, except as authorized in this title, any return or return information [as defined in section 6103(b)] acquired by him or another person under subsection (d), (i)(3)(B)(i), (l)(6), (7), (8), (9), (10), (12), or (15) or (m)(2), (4), (6), or (7) of section 6103. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the cost of prosecution.

(a) (3) OTHER PERSONS -- It shall be unlawful for any person to whom any return or return information (as defined in section 6103(b)1 is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the cost of prosecution.

Code Sec. 7213A - Unauthorized Inspection of Returns or Return Information

(a)(2) STATE AND OTHER EMPLOYEES -- It shall be unlawful for any person . . . willfully to inspect, except as authorized by this title, any return information acquired by such person or another person under a provision of section 6103 referred to in section 7213(a)(2).

(b) PENALTY -- IN GENERAL -- Any violation of subsection (a) shall be punishable upon conviction by a fine in any amount not exceeding $1,000, or imprisonment of not more than 1 year, or both, together with the costs of prosecution.

Code Sec. 7431 - Civil Damages for Unauthorized Disclosure of Returns and Return Information

(a)(2) INSPECTION OR DISCLOSURE BY A PERSON WHO IS NOT AN EMPLOYEE OF UNITED STATES -- If any person who is not an officer or employee of the United States knowingly, or by reason of negligence, inspects or discloses any return or return information with respect to a taxpayer in violation of any provision of section 6103, such taxpayer may bring a civil action for damages against such person in a district court of the United States.

(b) EXCEPTIONS -- No liability shall arise under this section with respect to any inspection or disclosure --

(1) which results from good faith, but erroneous, interpretation of section 6103, or

(2) which is requested by the taxpayer.


(c) DAMAGES In any action brought under subsection (a), upon finding of liability on • the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of --

(1) the greater of (A) $1,000 for each act of unauthorized inspection or disclosure of a return or return information with respect to which such defendant is found liable, or (B) the sum of -- (I) the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure, plus (ii) in the case of a willful inspection or disclosure or an inspection or disclosure which is the result of gross negligence, punitive damages., plus

(2) the cost of the action.

(d) PERIOD FOR BRINGING ACTION — Notwithstanding any other provision of law, an action to enforce any liability created under this section may be brought, without regard to the amount in controversy, at any time within 2 years after the date of discovery by the plaintiff of the unauthorized inspection or disclosure.

(e) NOTIFICATION OF UNLAWFUL INSPECTION AND DISCLOSURE If any person is criminally charged by indictment or information with inspection or disclosure of a taxpayer's return or return information in violation of —

(1) paragraph (1) or (2) of section 7213(a)

(2) section 7213A(a), or

(3) subparagraph (B) of section 1030(a)(2) of title 18, United States Code, the Secretary shall notify such taxpayer as soon as practicable of such inspection or disclosure.

(f) DEFINITIONS -- For purposes of this section, the terms "inspect", "inspection", "return" and "return information" have the respective meanings given such terms by section 6103(b).

(g) EXTENSION TO INFORMATION OBTAINED UNDER SECTION 3406 For purposes of this section

(1) any information obtained under section 3406 (including information with respect to any payee certification failure under subsection (d) thereof) shall be treated as return information, and

(2) any inspection or use of such information other than for purposes of meeting any requirement under section 3406 or (subject to the safeguards set forth in 6103) for purposed permitted under section 6103 shall be treated as a violation of section 6103.

For purposes of subsection (b), the reference to section 6103 shall be treated as including a reference to section 3406.

__________________________________________ ________________________________________

Witness Signature Employee’s Signature


__________________________________________ ________________________________________

Date Date


Appendix D

CERTIFICATION OF NON-PRINTING OFFICE

I, hereby certify that as an employee of _________________________________________, I do not print or otherwise copy information from KAECSES or other automated replacement system implemented by CSS screens that potentially could contain information supplied by the Internal Revenue Service.

Print Name

Title

Date


Appendix E

State of KansasDepartment for Children and Families

Information Technology Services Technical Environment

PC, Server, Network and Business Application Requirements for Contractor’s

January 22, 2013

This document is intended to aide potential contractors in their bidding process by making them aware of the Department for Children and Families (DCF) hardware and software standards. Services provided by contractors must meet the standards listed within this document that apply to the services that they provide. These standards shall include, but are not limited to, desktops (PC), servers, telecommunications, and networking. Although standards and technologies will be outlined in this document, DCF reserves the right to change these standards or technologies at any time.

The vendor is responsible for all costs associated with connecting to the DCF/State systems and must remain compatible as the technologies or systems are updated. This includes, but is not limited to, contractor site setup and installation of contractor owned equipment or software. Costs may vary depending on location, type of equipment, personnel, and other factors particular to the contractor. The bidder (contractor) is solely responsible to make themselves fully aware of the costs associated of accessing and using the system(s).

The contractor must be familiar with network wiring (Cat 5e,6,6a), firewalls (VPN tunneling/encryption), TCP/IP, Ethernet, LAN, and WAN specifications or must obtain these services from a subcontractor or partner. The State/DCF may provide and maintain (at cost to the contractor) all equipment and interoffice communication circuits to the edge of the contractor’s network. All equipment from the contractor’s router internal interface (contractor private side) is the contractor’s responsibility. Dial-up modems or public Internet ISP connections may not be connected to a PC located on the State network.

1. PC, Server, and Network Hardware/Software (Contractor Responsibility):

A. PC Hardware/Software:1) Desktop hardware must be within the current year’s specifications for desktops and

laptops. Currently DCF utilizes Dell PCs. Standard models include: OptiPlex 380, 780 Latitude 5400, E6510

B. Server Hardware/Software:1) Server hardware must meet the industry best practices for the applications to be run

efficiently on them. DCF currently utilizes Dell.

C. Operating System/Application Software:1) All software should conform to the DCF agency standard and be verified before

connecting to the DCF network. DCF is currently utilizing Microsoft solutions for servers and desktops.

PC and server software standards are provided by the Information Technology Services (ITS) division within DCF and will be provided to the contractor. Desktop current standards: Windows 7, Office 2010

Server current standards: Windows 2008 R2 Server, SQL 2008R2, Exchange 2010 SP 1

D. Network Hardware/Software:


1) Network equipment should conform to DCF agency standards in regards to establishing secure network connections to and from DCF from contractor. Contractor will work with DCF to determine what is needed.

2) The contractor is responsible for all costs associated with networking equipment and software.

2. Security Patch and Application Release Management:

A. All hardware and software:

1) The vendor must maintain hardware compatibility and software release synchronization with DCF. All applications and operating systems must be current following the standards within DCF.

2) Service packs and security patches must be up to date. Coordination with DCF ITS division is required before patches and service packs are applied.

3) The contractor is responsible for all costs associated with maintaining compatible equipment and software.

3. Network Connectivity:

A. To and from the contractor:1) Network connectivity to and from DCF must be done in a secure manner. Contractor

will work with DCF to determine the best manner in which to provide network services between the contractor and DCF.

2) The contractor is responsible for all costs associated with them connecting to DCF.3) DCF is connected to the State network (KANWIN) which is managed by the Office of

Information Technology Services (OITS). Connections to and from the KANWIN must also be approved or coordinated with OITS.

4. Email/Data Communications:

A. To and from the contractor:1) Communications between the contractor and DCF must be done so in a secure manner.

These details must be approved and coordinated with DCF before any communication begins.

2) Communications from contractor to any non-DCF network site must be done so in a secure manner if client information is to be exchanged. These details must be approved and coordinated with DCF before any communication begins.

5. General Security:

A. Mainframe:1) Top Secret access is required and arranged through the ITS security access unit at 785-

296-4357 and will require a security agreement for any staff needing access.B. Emulation will be TN3270.C. Data Protection:

1) DCF ITS will work with the contractor to ensure data and communications between them are secure. DCF reserves the right to inspect and make recommendations in regards to the security of the contractor network connection to DCF, and will give all final approvals for the solutions.

2) Contractor may have a connection to the Internet for their own purposes, but network communication between the contractor’s Internet traffic and DCF related traffic must be segregated by a firewall or other secure solution.

3) All security patches and Antivirus updates must be current and up to date on any equipment that comes in contact with data.


4) Contractors must adhere to applicable Federal and State requirements including, but not limited to, the State of Kansas Default Security Requirements, NIST 800-53, HIPAA Privacy Rule, IRS publication 1075 and SSA’s Information System Security Guidelines for Federal, State and local agencies receiving electronic information from SSA.

6. Application Software, Tools and DatabaseAll software should conform to the DCF agency standard for business application software and custom off the shelf applications. The following are our current standards for Application software and Database.

A. Mainframe:1) z/OS 1.13, z/9 BC (Business Class), processor model # 2096-R04, 718 mips, 64

MSU’s - DCF, Serial number (273AA)2) CICS 4.13) ROSCOE 6.04) TSO 5.95) ADABAS 8.2.46) DB2 9.02 full function mode7) BCV5 2.3 8) CA:Gen / CE:Access9) CA-Spool10) COBOL enterprise version for z/OS vs 3.4.111) Natural 8.212) Attunity Connect 5.113) SAS 9.1.3

B. Windows Server1) IBM WebSphere Application Server 7.02) Host Access Transformation Services HATS 7.03) IBM Rational Application Developer 7.5 / 7.6

RAD RDz RDz with EGL

4) IIS5) IBM DB2/LUW 6) MS SQL Server Database 20087) IBM ClearQuest / RequisitePro 7.1.18) MS Team Foundation / Open source SubVersion edge 1.2.2 9) IBM System Architect10) IBM Optim11) CompuWare Client Vantage12) CompuWare Server Vantage13) CompuWare dynaTrace14) EMC Imaging software Captiva / Documentum – several products, please contact ITS

for further detail 6.515) Siebel Customer Order Management Administration Server 8.216) Oracle Policy automation 8.217) Oracle Business Intelligence publisher 10.218) Siebel CRM Base / Public Sector eService 8.219) Siebel Public Sector Partner Portal 8.220) Brava

7. Public Facing Website


The existing Public Internet Site is hosted by Kansas Inc., and content is posted through a FTP process. The Public Internet Site is built upon the Microsoft Office SharePoint Services 2010 platform and will be housed internally by DCF.

8. Accessibility Policy and Law - Computer Hardware, Software, Other Technologies. All products and services provided or developed as part of fulfilling this contract shall conform to:

Section 508 of the Americans with Disabilities Act requires Federal electronic and information technology to be accessible to all people with disabilities, including employees and members of the public. State of Kansas Web Accessibility Requirements which include and exceed Section 508 standards, apply to all state agencies in Kansas. Web accessibility regulations are based on the Web Content Accessibility Guidelines 2.0 (WCAG 2) – a set of standards created by the World Wide Web Consortium (W3C). The World Wide Web Consortium (W3C) is an international community that develops standards to ensure the long-term growth of the Web. Read about the W3C mission.

The Web Content Accessibility Guidelines (WCAG 2) are organized around four principles.

Online content must be:

1. Perceivable – users can access all information presented 2. Operable - users can find their way around 3. Understandable - users can understand the information 4. Robust - users can continue to access content as technologies advance

If any of these fail, some users will not be able to access your content.

9. System Interactions with current Data: Current methods used in DCF to interface with legacy applications are thru a batch FTP process or by the use of a web service. Vendor must include a recommended solution. Listed below are the current processes in use at DCF for a Web Service.

If a web service is required it must allow for the interfacing of information with DCF and outside agency legacy systems providing real-time or nearly real-time pushes of data. Current interfaces are developed as a web service that interacts through the IBM Host Access Transformation Services (HATS) tool. A minimum, a one-way data push from the solution to the appropriate legacy system, with a system confirmation returned. The HATS software allows DCF to web enable their existing CICS screens. DCF will create a web service for the different systems, provide the vendor with a mapping document and WSDL for each of the screens, provide the valid responses that the vendor may receive when calling one of these web services and what to do if an error is received. In addition, if this is the appropriate solution the vendor supplied solution must integrate with single sign-on and active directory.

10. Vendor Hosted Solutions: Any vendor hosted solutions must meet or exceed the security and data standards that are outlined in this document. Vendors proposing a hosted solution must be able to provide at a minimum the following:

A 3rd party audit of the proposed site completed within the past 12 months. All policies and procedures regarding physical security, access control, and monitoring of the site. Descriptions of physical security controls in place at the site (ie. perimeter fencing, CCTV, guard service,

etc..) Complete list of all other customers hosted in the site, or other vendors who use that site. Documentation for HVAC environment including information on maintenance vendors and service contract

details. Documentation on the power distribution plan within the data center including details about generator

backup. Policies and procedures for data backup processes and security of backup media.

http://srsshare.srs.ks.gov/SRSWiki/Wiki%20Pages/Accessibility%20Checklist.aspx

http://www.w3.org/Consortium/mission.html

http://www.w3.org/TR/

http://www.w3.org/

http://www.w3.org/TR/WCAG20/

http://www.da.ks.gov/kito/itec/Policies/itecitpolicy1210.htm

http://www.section508.gov/


COOP (Continuity of Operations Plan) for the facility.

DCF holds the right to ask for additional detail on all the above areas as well as the right to ask for additional information on hosted solutions and their environments that are specific to the vendors proposed solution.


Appendix F

DCF Information Technology System Contractor Access Process Flow

The process flow displayed below details the steps to gain system access for DCF contractors. This information will be beneficial when communicating with new contractors. Notes of importance-

The process begins with the establishment of a contract for service.

An EAS coordinator will need to be named. Business may use the current EAS submitter or the EAS FLA (first line approver) for the role.

Security awareness training is available from the Department of Administration’s Enterprise Security Office “Cyber Security Awareness Training”. A completion certificate is generated upon completion. The certificate must be submitted to DCF Security before access will be granted. The Enterprise Security Office training is available at: http://oits.ks.gov/security/awarenesstraining.htm . Security training may also be available through the organization if the organization must meet certification guidelines for federal requirements, etc.

The DEF Business Associate Computer User Security Agreement form is available at http://srsnet.srs.ks.gov/ Technology, IT Security, Forms.

For filing and tracking purposes it is important to send one scan per user, which may include both the security agreement and the training certificate of completion.

EAS Coordinator will be the knowledge base for the system profiles based on user roles.

Finally, contractor must notify EAS coordinator within one business day of a user’s end of employment. DCF Security will then be able to terminate access timely.

http://srsnet.srs.ks.gov/

http://oits.ks.gov/security/awarenesstraining.htm


Appendix GEAS User Demographic Information

The purpose of this form is to provide the basic user demographic information that will be needed to make a Department for Children and Families information system access request via the Enterprise Access System (EAS).

This information will typically be given to an EAS coordinator who will enter the information in to EAS and make the request for access. This form is intended to be filled out electronically to ensure legibility.

The EAS coordinator will need to work with the business area or contractor to determine what systems are needed for each user and the level of access that is required. There may be different levels of access needed depending on the functional position of the user.

Field Name Explanation

Name (first, MI, last)

User's legal last name as known to the SHaRP system (for State employees), or as listed on driver's license for contractors/others. If the user truly does not have a middle name, enter NMN. The EAS coordinator can request a photocopy of the ID used for verification.

Office The user's physical work location.

Functional Title Discuss with the business area and contractor to determine the roles; the EAS coordinator can determine what they translate to in EAS.

Phone Number User's work telephone number. Each user is required to have a contact number so that IT Security can reach them if the need arises.

Phone Ext User's work telephone number extension.

Email User's work email address.

DCF Employee ? YES for SRS employee; NO for a contractor

Region KC, East, West or Wichita. Your EAS coordinator can assign this.

Employee ID

This number is assigned by HR for State employees. For contractors, the number starts with the letter Q and is followed by 10 digits. EAS will not allow duplicate numbers, so it is suggested the EAS coordinator devise a sequence to use and enter this information.

Supervisor's Name Name of user's supervisor.

Supervisor's Phone Supervisor's telephone number

Sup Phone Ext Supervisor's telephone extension. If none, leave blank.

Supervisor's Email Supervisor's email address.

System to Access Name of the new system to which the user is to be added.Further information may be required depending on the needs of the contract. The EAS coordinator should consult with the business area and contractor to determine what is needed based upon the functional title and system used.


All fields are required for New requests.What do you want to do? Add new Modify existing End existing

Employee Information First M I Last

Name:

Office:

Functional Title:

Phone #: Ext:

eMail address:

DCF employee? Yes No Region:

Employee ID:

Supervisor Name:

Sup. Phone: Ext:

Sup. eMail:

System to Access Profile / Level of access


Appendix HSTATEMENT OF CONFIDENTIALITY

I, , the undersigned, am employed by the _____________________________________, as contractor for Kansas Child Support Services.I understand certain material which I may handle or create during the course of my employment may be covered by confidentiality requirements.I further acknowledge that in the performance of my duties I may acquire or have access to “personal data” (including social security numbers and dates of birth) and become a “holder” of such personal data or other information deemed confidential under state or federal law, regulation or common practice. I shall comply with state and federal laws and regulations relating to confidentiality and shall not divulge any personal information or data to ANYONE other than that required through the normal course of Title IV-D business. I agree to eliminate any unnecessary use of all personal data in all correspondence.Below is an oath stating I will comply with this statement and I am aware a violation of this oath may result in my IMMEDIATE DISMISSAL from employment and possible prosecution. I, , acknowledge I have read the foregoing and fully understand my obligation to hold all information and data acquired in the performance of my employment as confidential. I further state I have been informed of the state and federal laws and regulations relating to confidentiality and will abide by the same. I understand a violation of this oath may at minimum result in IMMEDIATE TERMINATION of employment and may result in criminal prosecution.

Date (Signature)


Appendix ICONFLICT OF INTEREST DISCLOSURE FORM

A conflict of interest occurs when an appearance between your private, personal relationships or interests and your professional obligations to the Child Support Services Program is such that a customer or any other observer might reasonably question whether your actions or decisions are determined by considerations of personal curiosity, benefit, gain or advantage.The appearance of a conflict of interest can be as damaging or detrimental as an actual conflict. You are required to report actual or potential conflicts with any IV-D or NON-IV-D case through the annual Acknowledgment and Disclosure Form and/or whenever a conflict arises.

ACKNOWLEDGMENT AND DISCLOSURE FORMI have read the Conflict of Interest Policy set for above and agree to comply fully at all times during my employment. If at any time following the submission of this form I become aware of any actual or potential conflicts of interest, I will promptly notify my supervisor.Disclosure of Actual or Potential Conflicts of Interest: Name(s) and CSE KAECSES Number(s) (use back of form if additional space is needed)

I , the undersigned, am employed by ______________________________________. Employee Printed Name: Date: Supervisor Signature and Date: