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Driver and Vehicle System Reengineering RFP#30-333-12-12463 New Mexico TRD-MVD 1 STATE OF NEW MEXICO Taxation and Revenue Department REQUEST FOR PROPOSALS RFP#30-333-12-12463 Motor Vehicle Division Driver and Vehicle System Reengineering Project Issue Date: January 11, 2012

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Page 1: STATE OF NEW MEXICO Taxation and Revenue Department

Driver and Vehicle System Reengineering RFP#30-333-12-12463 New Mexico TRD-MVD

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STATE OF NEW MEXICO Taxation and Revenue Department

REQUEST FOR PROPOSALS RFP#30-333-12-12463

Motor Vehicle Division Driver and Vehicle

System Reengineering Project

Issue Date: January 11, 2012

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TABLE OF CONTENTS

I. INTRODUCTION 7 A. Purpose of this Request for Proposals 7 B. Background Information 7 C. Vision, Mission Statements and Guiding Principles 8 D. MVD’s Vision for the Future 8 E. Summary Scope of Work 11 F. Scope of Procurement 11 G. Procurement Manager 12 H. Definition of Terminology 12 I. Procurement Library 15

II. CONDITIONS GOVERNING THE PROCUREMENT 17 A. Sequence of Events 17 B. Explanation of Events 18

1. Issuance of RFP 18 2. Distribution List Response 18 3. Pre-Proposal Conference 18 4. Deadline to Submit Questions 18 5. Response to Written Questions/RFP Amendments 19 6. Deadline to Submit Follow-Up Questions 19 7. Response to Written Follow-Up Questions/RFP Amendments 19 8. Submission of Proposals 19 9. Proposal Evaluation 19 10. Selection and Notification of Finalists 20 11. Best and Final Offers from Finalists 20 12. Oral Presentations/Demonstrations by Finalists 20 13. Tentative Selection of Contractor 20 14. Clarification, including full system demonstration and optional site visit(s) 20 15. Finalize Contract 21 16. Contract Award 21 17. Protest Deadline 21

C. General Requirements 21 1. Acceptance of Conditions Governing the Procurement 21 2. Incurring Cost 22 3. Prime Contractor Responsibility 22 4. Subcontractors 22 5. Amended Proposals 22

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6. Offeror’s Rights to Withdraw Proposal 22 7. Proposal Offer Firm 22 8. Disclosure of Proposal Contents 22 9. No Obligation 23 10. Termination 23 11. Sufficient Appropriation 23 12. Legal Review 23 13. Governing Law 23 14. Basis for Proposal 23 15. Contract Terms and Conditions 23 16. Offeror’s Terms and Conditions 24 17. Contract Deviations 24 18. Offeror Qualifications 24 19. Right to Waive Minor Irregularities 24 20. Change in Contractor Representatives 24 21. Notice 24 22. Agency Rights 25 23. Right to Publish 25 24. Ownership of Proposals 25 25. Confidentiality 25 26. Electronic Mail Address Required 25 27. Use of Electronic Versions of this RFP 25 28. New Mexico Employees Health Coverage 25 29. Campaign Contribution Form 26 30. Pay Equity Initiative 26 31. Disclosure Regarding Responsibility 27 32. Conflict of Interest; Governmental Conduct Act 28

III. RESPONSE FORMAT AND ORGANIZATION 29 A. Number of Responses 29 B. Number of Electronic Copies 29 C. Proposal Format 29

1. Proposal Organization 29 2. Letter of Transmittal 30

IV. REQUIREMENTS 31

A. Mandatory and Desirable Requirements 31

GENERAL OFFEROR AND PROJECT REQUIREMENTS:

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B. Mandatory Requirements Statement of Concurrence 31 C. Executive Summary of Proposed Solution 32 D. Offeror Qualifications 32 E. Project Management 35 F. Data Conversion Plan 37 G. Business Continuity, Implementation, Migration and Fail-Back 38 H. Testing, Training and Communication 38 I. Services to be Provided by the Contractor 39

REQUIREMENTS RELATED TO RISK MANAGEMENT AND MVD’S VISION FOR THE FUTURE: J. Risk Management and MVD’s Vision for the Future 40

BUSINESS/FUNCTIONAL/TECHNICAL REQUIREMENTS: K. Business Requirements 43 L. Technical Requirements 95

VALUE-ADDED OPTIONAL OFFERINGS: M Value-Added Options 108

V. EVALUATION 109 A. Evaluation Point Summary 109 B. Evaluation Factors 109 C. Evaluation Process 110

APPENDICES A. ACKNOWLEDGEMENT OF RECEIPT FORM 113 B. CONTRACT TERMS & CONDITIONS 115 C. COST RESPONSE FORM 141 D. COST ASSUMPTIONS – AGENCY RESOURCES 145 E. PAST PERFORMANCE REFERENCE LIST 147 F. PAST PERFORMANCE SURVEY QUESTIONNAIRE 149 G. TRANSACTIONS BY TYPE AND CHANNEL 151 H. CAMPAIGN CONTRIBUTION DISCLOSURE FORM 153 I. NEW MEXICO EMPLOYEES HEALTH COVERAGE FORM 157 J. RESIDENT VETERANS PREFERENCE CERTIFICATION 159 K. CONFLICT OF INTEREST AFFIDAVIT 161

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I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS The Motor Vehicle Division (MVD) of the New Mexico Taxation and Revenue Department (TRD) requests proposals for the design, development, and implementation of a modern customer-centric driver and vehicle system to replace the legacy systems currently used by MVD. The procurement will result in a contract award to a single Offeror, which shall be wholly responsible for performance of the resulting contract(s) whether or not subcontractors are used. Offerors must demonstrate experience and knowledge necessary to perform the services described in this RFP.

B. BACKGROUND INFORMATION The Agency faces a situation today in which its driver and vehicle licensing system is aged and increasingly challenged to meet current and future business demands. New Mexico’s Taxation and Revenue Department (TRD), and in particular its Motor Vehicle Division (MVD), has a large investment in a number of interrelated driver, vehicle, administrative control, licensing and registration, and revenue information systems. Over time, pressure to maximize the utility and interoperability of these systems and to reduce costs has increased dramatically. These common demands have led to an industry-wide and nationwide movement to increase systems interoperability under a technology architecture that is more modularized and reduces reliance on expensive, highly proprietary offeror service offerings. The Agency is now committed to moving forward with reengineering and replacement of its current systems with a drivers and vehicles solution that is customer-centric and that provides enhanced access and integration with other State and Federal databases. It is highly desirable that the new solution provide the Agency and its Motor Vehicle Division with the ability to manage technical and business requirements with user-configurable data items and modular application code so as to allow quick and cost-effective adaptation to MVD’s changing business needs. In October 2009 the Agency published RFP# 00-333-00-06348, Motor Vehicle Division Driver and Vehicle Licensing System Reengineering Project, “to replace the legacy system currently used by the Motor Vehicle Division (MVD) and implement a modern customer-centric commercial-off-the-shelf (COTS) driver and vehicle system.” At the conclusion of that RFP process a contract was awarded on April 7, 2010 to Saber Software, Inc. (HP). In May of 2011 that contract was terminated by the Agency. In July 2011 the Agency issued RFI#10-333-00-10249 to gather information to help the Agency determine the most advantageous way to move forward with replacement of MVD’s legacy Driver and Vehicle systems and implementation of a modern, customer-centric Driver and Vehicle system. The information gathering initiated by that RFI continued through October 2012. As a result of the 2011-2012 information-gathering process, the Agency is now aware of multiple alternative approaches to motor vehicle system reengineering and modernization. The Agency is also

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aware of, and sensitive to, a remarkably high rate of failure of motor vehicle system reengineering projects in other jurisdictions nationwide. In moving forward with this RFP, the Agency has no preconceived notion of the system that will prove to be best for New Mexico TRD-MVD. Instead, we seek that system that will provide the best possible solution, and the best value, for the Agency taking into account mandatory and desired system functionality, implementation risk and risk mitigation strategies, and cost. The Agency expects each Offeror to provide specific clarity on the Offeror’s expectations for the balance of work and staff resources, respectively, on the part of the Offeror and on the part of the Agency.

C. VISION, MISSION STATEMENTS AND GUIDING PRINCIPLES Taxation and Revenue Department (TRD) Vision and Mission Statements The Vision of the New Mexico Taxation and Revenue Department (TRD) is to promote the State’s overall efforts to improve the lives of New Mexicans by providing a fair and efficient system of tax administration that is consistent and responsive to the people and to protect public safety through effective administration of motor vehicle laws. The Mission of the Department is to administer and enforce, with fairness warranting the public’s confidence, New Mexico’s taxation and revenue laws and motor vehicle code through a system that efficiently and securely delivers quality customer services. Motor Vehicle Division Purpose and Mission Statement The Purpose of the Motor Vehicle Division (MVD or TRD-MVD) is to:

• license commercial and non-commercial drivers; • register, title, and license commercial and non-commercial vehicles and boats; • license auto dealers and title service companies; • contract with private partners who provide selected MVD services; and • assure that MVD work is performed in accordance with the Motor Vehicle Code (Chapter 66,

NMSA 1978). The Mission of MVD is to coordinate, administer, and enforce the New Mexico Motor Vehicle Code and to provide Motor Vehicle Division customers with quality products and services to enhance safe and efficient motor vehicle operations.

D. MVD’s VISION FOR THE FUTURE From June to August, 2012, the Motor Vehicle Division (MVD) collaborated with the Information Technology Division (ITD) of the New Mexico Taxation and Revenue Department (TRD) in order to develop a Future Vision, or as some called it a “2020 Vision,” for MVD. What evolved is comprised of statements regarding MVD’s Service Channels, Office of the Future and Customer Relationship.

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MVD Service Channels Today, roughly eighty percent (80%) of all MVD services are provided to the customers at MVD Field Offices, with only twenty percent (20%) provided to customers via virtual and other alternative channels. The future MVD system must allow MVD to dramatically expand service delivery via virtual channels. In order to accomplish this, the MVD system must be able to support the following:

• The majority of transactions may occur via web services, kiosks and other alternative channels rather than over the counter in traditional field offices.

• More comprehensive use of technology will allow MVD service to improve AND the cost of providing service to decline. The MVD of tomorrow may be able to provide better service to customers AND reduce the retail cost of motor vehicle transactions. Online service delivery costs about $3 per transaction. Field office service delivery costs about $13 per transaction.

• “My MVD” online accounts for MVD’s individual and business customers and partners, accessible from computers, tablets, mobile phone and kiosks, will serve as a point of contact and communication, and as a convenient means for doing motor vehicle transactions.

• Electronic kiosks that operate 24/7 and are placed in convenient locations across the state will offer most if not all motor vehicle products and services.

• MVD web services will be fully-integrated in the system. All motor vehicle products and services will be available online, via every available channel; web, mobile, tablet, kiosks, etc.

MVD Office of the Future The MVD Office of the Future must provide a greater degree of interaction with the customer just before entry into the office, immediately upon entry into the office, throughout the office experience, and after the customer leaves the office. The MVD system must be able to support the following visionary goals:

• My MVD accounts will allow appointments to be made at field offices, and will offer an easy way to allow customers to be contacted via their mobile phones when their turn is about to come up.

• The MVD field offices of tomorrow will be transformed into highly-personalized extremely customer focused service delivery channels—the place to access motor vehicle products and services for more complicated transactions, for anyone who isn’t familiar with computers, and/or simply for anyone who values or requires in-person, premium-level service.

• In the MVD field office of tomorrow, technology will be used to simplify access to motor vehicle products and services for those who want or need more assistance. There are no plans to eliminate field offices—it’s likely that over the foreseeable future, demand for personalized service will remain strong, and the need for field offices will likewise remain strong.

• Because the majority of transactions may be taking place online, field office wait times will be no more than five to ten minutes.

• MVD field office customer service representatives (CSRs) may no longer have fixed windows, but may come to customers (who are seated comfortably in much more pleasant waiting areas)

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rather than the reverse. The use by our field office CSRs of portable tablet interfaces to the MVD driver/vehicle system may become the norm.

• Field office customer service representatives (CSRs) will have better means of providing personalized service to customers. Via the use of customer relationship management, customers entering five star hotels and the first class cabins of airlines are greeted by name, by the preferences that they’ve established in advance, and their needs can be anticipated. The same will be true in the MVD field office of tomorrow.

MVD Customer Relationship The technology will be leveraged to provide personalized services to all individual and business customers, partners, and dealers. In order to provide the new level of customer services, the MVD system must be able to support:

• A fully integrated customer-centric source of data for all customers and all transactions. Driver and Vehicle data will no longer be accessed, updated and stored separately.

• MVD individual and business customers, partners, and dealers will all be able to have My MVD online accounts, which will serve as a front end for permanent records, as a point of contact and communication, and as a convenient means for doing motor vehicle transactions.

• My MVD will allow much more sophisticated service and communications between MVD and our customers—individualized customer relationship management rather than a commoditized one-size-fits-all service/lack of service.

• Customer contact will, largely, occur via electronic formats, including email and texting rather than via the post office or other hard-copy delivery services.

Architecture Information Technology Architectural components exist that would support all of the above visionary goals, and the additional goals that are more specific to the MVD system:

• It is highly desirable that the MVD Driver/Vehicle system be configurable “on the fly.” Changes to the program should be made easily by operating staff, and the need for specialized IT staff to code/configure the system should be lower. Specialized IT staff should be freed up to manage higher level tasks.

• The MVD driver/vehicle system will integrate seamlessly with the various other process management systems that MVD and state government uses, including SHARE.

In order to support the current and ever-evolving vision of MVD, the Agency prefers a flexible, configurable, environment serving all potential customers such as in the figure below:

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Electronic FAX

Technical Infrastructure(Network, Communications, Hardware, Software)

OfficeWalk-In Internet IVR - PhoneE-mail

[User Interfaces] Channels – (IVR, existing) All others provided by approved external firms or Offered via the MVD system RFP

ServicesCustomer

Driver Vehicle Financials

Integrating Functions

Workflow\Queues

Business Rules Engine

Document Management

Identity and Fraud Mgmt

Correspondence Management

Point-of-Sale Interfaces

Business Intelligence Printing Barcode

Mail

Dealer Mgmt CommercialVehicles

Individual Customer

Background Processing Databases

Mobile

Partner Mgmt Record Sales

Business Customer Partner Dealer Customer-

Record Sales

Assumptions – “As is” and “To be” MVD processes in this RFP are, to a degree, described “as is.” Replacing MVD’s driver/vehicle system offers the opportunity to streamline and optimize processes. MVD regards the optimization of processes as an intrinsic part of systems replacement. Offerors will be expected to bring this expertise to their proposed solution.

E. SUMMARY SCOPE OF WORK The scope of work shall consist of the design, implementation, maintenance and support of a comprehensive, modern, customer-centric motor vehicle system for the Motor Vehicle Division (MVD) of the New Mexico Taxation and Revenue Department (TRD or NMTRD). The scope of work may include, and respondents to the RFP are required to provide responses for hardware, software (including initial purchase and any and all licensing) and ongoing maintenance and support services. However, the purchase of hardware, software and any related licensing and maintenance agreements will be at the option of the Agency. The Agency expects that this RFP will result in a contract with a single Contractor.

F. SCOPE OF PROCUREMENT The scope of this procurement shall encompass all of the requirements, including any optional

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requirements, specified in Section IV of this RFP. The scope of this procurement shall also include any additional elements and enhancements that may be required both:

• to achieve the Agency’s objective of implementing that system that will provide the best possible solution, and the best value, for the Agency taking into account mandatory and desired system functionality, implementation risk and risk mitigation strategies, and cost; and

• to support the actualization of MVD’s Vision for the Future, as described above in Section I.D of this RFP.

The contract resulting from this RFP is scheduled to begin on the date listed in Section II, paragraph A. Sequence of Events or upon receiving all required state approvals, whichever is later. The contract resulting from this RFP shall be for a term of four years. The contract may be renewed for a maximum of two additional two-year terms or any portion thereof at the option of the Agency. In no circumstance shall the contract, including all optional renewals, exceed a total of eight years in duration. All responses must break out the total costs of ownership, including gross receipts taxes, for an eight-year period.

G. PROCUREMENT MANAGER The agency has designated a Procurement Manager who is responsible for the conduct of this procurement and whose name, address, and telephone number are listed below:

Name: Mr. Mac Lewis Title: Procurement Manager Address: c/o Fran Dunaway State Purchasing Division Joseph M. Montoya Building 1100 St. Francis Drive, Room 2016 Santa Fe, NM 87505 Telephone: (505) 827-2244 Fax: (505) 827-2397 E-mail: [email protected]

Any inquiries or requests regarding this procurement should be submitted to the Procurement Manager in writing by email. Offerors may contact ONLY the Procurement Manager regarding the procurement. Other state employees do not have the authority to respond on behalf of the Agency.

H. DEFINITION OF TERMINOLOGY This section contains definitions that are used throughout this procurement document, including appropriate abbreviations. “Agency” means the New Mexico Taxation and Revenue Department (“TRD,” “NMTRD” or “Department”) and includes the Motor Vehicle Division (“MVD” or “TRD-MVD”) and the

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Information Technology Division (“ITD” or “TRD-ITD”), Divisions of the Department. “Business Rules Engine” means a software component that executes business rules that have been externalized from application code as part of a business rules approach, allowing the business users to modify the rules, frequently without the need of IT staff intervention. “Close of Business” means 5PM Mountain Standard or Daylight Savings Time, whichever is in effect on the date given. “Commercial or Configurable Off-the-Shelf” or “COTS” means software that is composed of pre-existing, proven components. “Contract” means any agreement for the procurement of items of tangible personal property, services or construction derived from a RFP. “Contractor” means the successful Offeror who enters into a binding contract with the Agency. “Customer” means any individual or entity that does business or engages in transactions with the Agency. “Deliverable” means any measurable, tangible, verifiable outcome, result, or item that must be produced to complete a project or part of a project. “Department” for purposes of administering the RFP and associated proposals, means the New Mexico Taxation and Revenue Department (TRD). “Department of Information Technology” or “DoIT” means the state of New Mexico Department of Information Technology. DoIT provides enterprise information technology services to state government's executive branch. This includes the communications infrastructure, the state Data Center, and oversight of information technology projects to help state agencies better serve the public. “Desirable” means discretionary as opposed to “mandatory.” The terms “may,” “can,” “should,” “preferably,” and “prefers” are used to identify an items or factors that are desirable. “Determination” means the written documentation of a decision of a procurement manager including any findings of fact supporting a decision. A determination becomes part of the procurement file to which it pertains. “DMS” means Document Management System, specifically the existing MVD enterprise Document Management System based on EMC and Tangent software, and including the associated Fujitsu, Panasonic, and OPEX hardware. “DFA” means the Department of Finance and Administration for the State of New Mexico. “Employer” means any for-profit or not-for-profit business, regardless of location, that employs one or more persons that qualify as a “New Mexico Employee.” (See definition of “New Mexico Employee” below.) Such definition does not include governmental entities.

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“Evaluation Committee” means a body appointed by the Agency management to perform the evaluation of offerors’ proposals. “Evaluation Committee Report” means a report prepared by the Procurement Manager and the Evaluation Committee for submission to the State Purchasing Agent for contract award that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals. “Finalist” means an Offeror who meets all the mandatory specifications of the Request for Proposal and whose score on evaluation factors is sufficiently high to qualify that offeror for further consideration by the Evaluation Committee. “GSD” means the New Mexico General Services Department. “GSD-SPD” or “SPD” means the State Purchasing Division of GSD. “ITD” or “TRD-ITD” means the Information Technology Division (ITD) of the New Mexico Taxation and Revenue Department, which is responsible for pre-installation testing and approval of software. “Mandatory” means required as opposed to “desirable.” The terms “must,” “shall,” “will,” “is required” and “are required” are used to identify a mandatory item or factor. Failure to meet a mandatory item or factor will result in the rejection of the Offeror’s proposal. “Modified or Modifiable Off-the-Shelf” or “MOTS” means a COTS-type product whose source code can be modified and customized to meet the Agency’s requirements. “Motor Vehicle Division” or “MVD” or “TRD-MVD” means the Motor Vehicle Division of the New Mexico Taxation and Revenue Department. “Mountain Time” means the local time in the Mountain Time Zone whether it be standard or daylight savings time. “Offeror” means any person, corporation, or partnership who chooses to submit a proposal. “Procurement Manager” means the person or designee authorized by the Agency to manage or administer a procurement requiring the evaluation of competitive sealed proposals. “Request for Proposals” or “RFP” means all documents, including those attached or incorporated by reference, used for soliciting proposals. “Responsible Offeror” means an Offeror who submits a responsive proposal and who has furnished, when required, information to prove that his financial resources production, or service facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of the services or items of tangible personal property described in the proposal. “Responsive Offer” or “Responsive Proposal” means an offer or proposal that conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to, price, quality, quantity and delivery requirements.

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“SHARE” means the state of New Mexico’s financial and human resource computer system. New Mexico State Agencies use SHARE to account for all financial transactions and to report all payments for goods and services and process customer refunds. “Solicited and Awarded” means a or RFP was made available to the general public, through any means, after January 1, 2008 AND the contract(s) sought as a result of that solicitation was/were awarded after January 1, 2008. “Solicitations” means RFPs. “State” or “the State” means the State of New Mexico, and any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state. “SPD” or “GSD-SPD” means the State Purchasing Division of the New Mexico General Services Department. “State Purchasing Agent” or “SPA” or “NMSPA” means the Purchasing Agent for the State of New Mexico or a designated representative “TRD” or “NMTRD” means the New Mexico Taxation and Revenue Department and includes the Motor Vehicle Division (“MVD”), a Division of the Department. “Vehicle” “Vehicles” or “Motor Vehicles” as used in this RFP is generally intended to encompass vessels and trailers as well as motor vehicles.

I. PROCUREMENT LIBRARY The State Purchasing Agent has established an Internet Procurement Library. Offerors are also encouraged to review the material contained in the Procurement Library as listed below. • State Purchasing Division (SPD)

http://www.generalservices.state.nm.us/statepurchasing/

• Procurement Code (New Mexico Statutes 1978, Annotated, Chapter 13) http://www.generalservices.state.nm.us/uploads/FileLinks/3807450d09e04436ad92ac4534e7f125/NMProcurementCode_Chap13Pamphlet29.pdf

• Procurement Regulations (1.4.1 NMAC)(New Mexico Administrative Code) http://www.nmcpr.state.nm.us/nmac/parts/title01/01.004.0001.htm

• The New Mexico Motor Vehicle Code is Chapter 66 of the New Mexico Statutes (NMSA 1978) which can be found online at: http://www.nmonesource.com/nmpublic/gateway.dll/?f=templates&fn=default.htm

• Motor Vehicle Code Regulations (Title 18 of the NMAC)

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http://www.nmcpr.state.nm.us/nmac/_title18/title18.htm

• Information Technology Requirements for the State of New Mexico http://www.doit.state.nm.us/

• New Mexico regulations regarding Management of Electronic Records (1.13.3 NMAC) http://www.nmcpr.state.nm.us/nmac/parts/title01/01.013.0003.htm

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II. CONDITIONS GOVERNING THE PROCUREMENT This section of the RFP contains the schedule for the procurement and describes the major procurement events as well as the conditions governing the procurement.

A. SEQUENCE OF EVENTS The Procurement Manager will make every effort to adhere to the following schedule:

Action Responsibility Date

1. Issuance of RFP Agency/State Purchasing 1/11/13

2. 3.

Distribution List Response and Pre-Proposal Conference

Potential Offerors and Procurement Manager 1/24/13

4. Deadline to Submit Questions Potential Offerors 1/29/13

5. Response to Written Questions/ RFP Amendments Agency 2/1/13

6. Deadline to Submit Follow-Up Questions Potential Offerors 2/5/13

7. Response to Written Follow-Up Questions/RFP Amendments Agency 2/08/13

8. Submission of Proposals Offerors 2/28/13

9. Proposal Evaluation Evaluation Committee 3/04 to 3/14/13

10. Selection and Notification of Finalists Evaluation Committee 3/15/13

11. Best and Final Offers from Finalists Finalist Offerors 3/26 /13

12. Oral Presentations and Demonstrations by Finalists Finalist Offerors 3/26 to 3/28/13

13. Tentative selection of Contractor Agency 4/05/13

14. Clarification, including full system demo and optional site visit(s)

Evaluation Committee and Tentatively Selected Contractor 4/08 to 4/19/13

15. Finalize Contract Agency and Selected Contractor 5/28/13

16. Contract Award State Purchasing Agent 5/30/13

17. Protest Deadline Offerors 6/14/13

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B. EXPLANATION OF EVENTS 1. Issuance of RFP

This RFP is being issued by the Agency and the State Purchasing Division (SPD) of the General Services Department. Additional copies of the RFP can be obtained from the State Purchasing Division web site at http://www.generalservices.state.nm.us/statepurchasing/ .

2. Distribution List Response

Potential offerors who wish to have their organizations placed on the procurement distribution list should hand deliver or return by email to [email protected], or by facsimile or registered or certified mail, the Request for Proposals Acknowledgement of Receipt Form that accompanies this document as APPENDIX A. This form should be signed by an authorized representative of the organization, dated and returned to the procurement manager by close of business on the date indicated for Distribution List Response in the Sequence of Events.

The procurement distribution list will be used for the distribution of written responses to questions and of any RFP amendments. Failure to return this form shall constitute a presumption of receipt and rejection of the RFP, and the potential offeror’s organization name shall not appear on the distribution list.

3. Pre-Proposal Conference

A non-mandatory pre-proposal offeror conference will be conducted on the date indicated in the Sequence of Events, beginning at 1:00 p.m. MST in the Taxation and Revenue Department Secretary’s Conference Room on the third floor of the Joseph Montoya Building, located at 1100 South St. Francis Drive, Santa Fe, New Mexico 87505.

The purpose of the conference is to provide an overview of the project and the procurement process. Potential offerors are encouraged to submit written questions to the Procurement Manager in advance of the conference. Additional written questions may be submitted in writing at the conference or by close of business on the date indicated in the Sequence of Events. Answers to specific questions will not be provided at this conference. However, answers to all written questions will subsequently be posted at the SPD Web site and will be sent to all potential offerors on the Distribution List. The identity of the organizations submitting questions will not be revealed. A public log will be kept of the names of potential offerors that attend the pre-proposal conference.

Attendance at this conference is highly recommended but is not a prerequisite for submission of a proposal.

4. Deadline to Submit Questions

Potential offerors may submit additional written questions until close of business on the date indicated in the Sequence of Events. All written questions should be addressed to the Procurement Manager (see Section I, Paragraph G) and should be sent by email to [email protected].

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5. Response to Written Questions/RFP Amendments

Written responses to written questions and any RFP amendments will be distributed on the date indicated in the Sequence of Events, to all potential offerors whose organization names appear on the procurement distribution list. An Acknowledgement of Receipt Form will accompany the distribution package. The form should be signed by the offeror’s representative, dated, and hand-delivered or returned by facsimile or by registered or certified mail by the date indicated thereon. Failure to return this form shall constitute a presumption of receipt and withdrawal from the procurement process, and the offeror’s organization name may be deleted from the procurement distribution list. Note: A new Acknowledgment of Receipt form may be requested each time a new Q&A or RFP amendment is posted and distributed.

6. Deadline to Submit Follow-Up Questions

Potential offerors may submit written follow-up questions until close of business on the date indicated in the Sequence of Events. All follow-up questions should be addressed to the Procurement Manager and should be sent by email to [email protected].

7. Response to Written Follow-Up Questions/RFP Amendments

Written responses to written follow-up questions and any additional RFP amendments will be distributed on the date indicated in the Sequence of Events, to all potential offerors whose organization names appear on the procurement distribution list.

8. Submission of Proposals

ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 4:00 PM MST on the date indicated in the Sequence of Events for Submission of Proposals.

PROPOSALS RECEIVED AFTER THIS DEADLINE WILL NOT BE ACCEPTED.

The date and time will be recorded on each proposal. Proposals must be addressed and delivered to the Procurement Manager at the address listed in Section I, Paragraph G. Proposals must be sealed and labeled on the outside of the package to clearly indicate a response to the “Motor Vehicle Division Driver and Vehicle System Reengineering Project” Request for Proposals #30-333-12-12463. Proposals submitted by facsimile or other electronic media will not be accepted.

A public log will be kept of the names of all offeror organizations that submit proposals. Pursuant to NMSA 1978, §13-1-116, the contents of any proposal shall not be disclosed to competing offerors prior to contract award.

9. Proposal Evaluation

The evaluation of proposals will be performed by an evaluation committee appointed by Agency management. The evaluation process will take place during the time period indicated in the Sequence of Events. During this time, the Procurement Manager may, at his option, initiate discussion with offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the offerors.

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10. Selection and Notification of Finalists

The Evaluation Committee may select one or more finalists, and the Procurement Manager will notify the finalist offerors on the date indicated in the Sequence of Events. Only finalists will be invited to participate in the subsequent steps of the procurement. The schedule for the oral presentations/demonstrations will be determined at this time.

11. Best and Final Offers from Finalists

Finalist offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers (BAFOs), which must be submitted NO LATER THAN 4:00 PM MST on the date indicated in the Sequence of Events. Best and final offers may be clarified and amended at the finalist offerors’ oral presentations/demonstrations.

12. Oral Presentations and Demonstrations by Finalists

Finalist offerors will be required to present their proposals and respond to Evaluation Committee questions on the dates indicated in the Sequence of Events. The Agency reserves the right to extend the time at its sole discretion. All oral presentations will be held in Santa Fe, New Mexico. Finalist offerors will be limited to duration of presentation of not more than three (3) hours.

The Evaluation Committee may find it necessary to conduct site visits at the facilities of Finalists or at Finalist project sites. If site visits are required, the oral presentations/demonstrations will be included as part of those site visits.

13. Tentative Selection of Contractor

The Agency will make a tentative contractor selection on the date indicated in the Sequence of Events. This selection will, however, be no more than tentative until a contract is finalized and awarded by the State Purchasing Agent.

14. Clarification, including full system demonstration and optional site visit(s)

The tentatively selected Contractor will be required to perform certain clarification functions as outlined here. The purpose of this clarification process is to allow the tentatively selected contractor an opportunity, prior to contract award, to clarify any issues or risks, and to satisfy the Agency that it can have a reasonable degree of confidence that the project will completed on time, without any cost increases, and with high customer satisfaction.

The clarification process will include a more detailed and complete full system demonstration and can be expected to include one or more site visits by members of the Evaluation Committee and other Agency subject matter experts. The Evaluation Committee will also seek additional supporting and clarifying information from those references provided by the Offeror in its proposal as well as from sources independently developed by the Agency.

The tentatively selected Contractor will also be required to carefully preplan the project in detail, including preparation and delivery of a detailed project schedule identifying critical milestones, and a detailed project plan (including work plan, staffing, communication, training, implementation, organization change, etc.).

The Agency will not reimburse the tentatively selected contractor for any costs incurred during this

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pre-award clarification process. 15. Finalize Contract

The contract will be finalized with the most advantageous offeror by the date indicated in the Sequence of Events. In the event that mutually agreeable terms cannot be reached within the time specified, the Agency reserves the right to finalize a contract with the next most advantageous offeror without undertaking a new procurement process.

16. Contract Award

After review of the Evaluation Committee Report, the recommendation of the Agency management, and the signed contract, the State Purchasing Agent will award the contract or contracts on the date indicated in the Sequence of Events. This date is subject to change at the discretion of the State Purchasing Agent.

The contract shall be awarded to the offeror whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP. The most advantageous proposal may or may not have received the most points.

17. Protest Deadline

Any protest by an offeror shall be submitted in writing within fifteen calendar days after knowledge of the facts or occurrences giving rise to the protest in conformity with NMSA 1978, §13-1-172 and applicable procurement regulations. The fifteen (15) calendar day protest period for responsive offerors shall begin on the day following the contract award and will end as of 5:00 PM MST. Protests must be written and must include the name and address of the protestor and the request for proposals number. A protest must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested from the State Purchasing Agent. The protest must be delivered to the State Purchasing Agent:

Lawrence Maxwell, State Purchasing Agent Joseph M. Montoya State Building, Room 2016 1100 St. Francis Drive Santa Fe, New Mexico 87505 Mailing Address: P.O. Drawer 26110, Santa Fe, NM 87502-0110

Protests received after the deadline will not be accepted.

C. GENERAL REQUIREMENTS This procurement will be conducted in accordance with the State Purchasing Agent's procurement regulations 1.4.1 NMAC. 1. Acceptance of Conditions Governing the Procurement

Offerors must indicate their acceptance of the Conditions Governing the Procurement section

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(Section II A, B and C of this RFP) in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V.B. of this RFP.

2. Incurring Cost Any cost incurred by the Offeror in preparation, transmittal or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror.

Any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror.

3. Prime Contractor Responsibility Any contract that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of the contract with the Agency. The Agency will make contract payments only to the prime contractor.

4. Subcontractors Use of subcontractors must be clearly explained in the proposal, and all subcontractors must be identified by name. The prime contractor shall be wholly responsible for the entire performance whether or not subcontractors are used.

5. Amended Proposals An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be a complete replacement for a previously submitted proposal and must be clearly identified as such in the transmittal letter. TRD personnel will not merge, collate, or assemble proposal materials.

6. Offerors' Rights to Withdraw Proposal

Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request signed by the Offeror's duly authorized representative addressed to the Procurement Manager.

The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.

7. Proposal Offer Firm

Responses to this RFP, including proposal prices, will be considered firm for one hundred twenty (120) days after the due date for receipt of proposals, or ninety (90) days after receipt of a best and final offer if one is submitted.

8. Disclosure of Proposal Contents The proposals will be kept confidential until a contract is awarded. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material that is proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the Offeror has stamped or imprinted “proprietary” or “confidential,” subject to the following requirements.

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Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal. Proprietary or confidential data normally restricted to confidential financial information concerning the Offeror's organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act [§§57-3A-1 to 57-3A-7 NMSA 1978]. The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information.

If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, the State Purchasing Agent shall examine the Offeror’s request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent such disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

9. No Obligation

This procurement in no manner obligates the State of New Mexico or any of its Agencies to the eventual rental, lease, purchase, etc. of any equipment, software, or services offered until a valid written contract is awarded and approved by the State Purchasing Agent and other appropriate authorities.

10. Termination This RFP may be canceled at any time, and any and all proposals may be rejected in whole or in part, when the Agency determines such action to be in the best interest of the State of New Mexico.

11. Sufficient Appropriation

Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. The Agency's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

12. Legal Review

The Agency requires that all Offerors agree to be bound by the General Requirements contained in this RFP. Any Offeror concerns must be promptly brought to the attention of the Procurement Manager.

13. Governing Law

This procurement and any agreement with Offerors that may result shall be governed by the laws of the State of New Mexico.

14. Basis for Proposal

Only information supplied in writing through the Procurement Manager or in this RFP should be used as the basis for the preparation of Offeror proposals.

15. Contract Terms and Conditions

The contract between the Agency and a contractor will follow the format specified by the Agency and contain the terms and conditions set forth in Appendix B, "Agreement Terms and

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Conditions". However, the Agency reserves the right to negotiate with a successful Offeror provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offeror's proposal will be incorporated into and become part of the contract.

Should an Offeror object to any of the Agency’s terms and conditions, as contained in Appendix B, that Offeror must propose specific alternative language. The Agency may or may not accept such alternative language. General references to the Offeror’s terms and conditions or attempts at complete substitutions are not acceptable to the Agency and will result in disqualification of the Offeror’s proposal.

Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change requested followed by the specific proposed alternate wording.

16. Offeror's Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions, which they expect to have included in a contract negotiated with the Agency.

17. Contract Deviations

Any additional terms and conditions that may be the subject of negotiation will be discussed only between the Agency and the selected Offeror and shall not be deemed an opportunity to amend the Offeror's proposal.

18. Offeror Qualifications The Evaluation Committee may make such investigations as necessary to determine the ability of the Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any Offeror who is not a responsible Offeror or fails to submit a responsive offer as defined in §13-1-83 and §13-1-85 NMSA 1978.

19. Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

20. Changes in Contractor Representatives The Agency reserves the right to require a change in contractor representatives if the assigned representatives are not, in the opinion of the NMSPA, meeting its needs adequately.

21. Notice The Procurement Code, §13-1-28 through §13-1-199 NMSA, imposes civil and misdemeanor criminal penalties for its violation. In addition, New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

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22. Agency Rights The Agency reserves the right to accept all or a portion of an Offeror’s proposal including the right to purchase software or services from SPA-approved price agreements.

23. Right to Publish Throughout the duration of this procurement process and contract term, potential Offerors, Offerors and contractors must secure from the Agency written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in disqualification of the Offeror's proposal or termination of the contract.

24. Ownership of Proposals

All documents submitted in response to the RFP will become the property of the Agency and the State of New Mexico.

25. Confidentiality

Any confidential information provided to, or developed by, the contractor in the performance of the contract resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of the Agency.

The Contractor(s) agree to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the procuring Agency's written permission.

26. Electronic mail address required A large part of the communication regarding this procurement will be conducted by electronic mail (email). Offeror must have a valid email address to receive this correspondence. (See also Section II.B.5., Response to Written Questions/RFP Amendments).

27. Use of Electronic Versions of this RFP This RFP is being made available by electronic means. If accepted by such means, the Offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the SPA, the version maintained by the SPA shall govern.

28. New Mexico Employees Health Coverage 1. For all contracts solicited and awarded on or after January 1, 2008: If the offeror has, or

grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, offeror must agree to:

(a) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2008 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed one million dollars or;

(b) have in place, and agree to maintain for the term of the contract, health insurance for those

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employees and offer that health insurance to those employees no later than July 1, 2009 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $500,000 dollars or

(c) have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2010 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

2. Offeror must agree to maintain a record of the number of employees who have (a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.

3. Offeror must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information http://www.insurenewmexico.state.nm.us/ .

4. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000, $500,000 or $1,000,000.

29. Campaign Contribution Form

Offeror must complete and sign the Appendix H, Campaign Contribution Disclosure Form – whether any applicable contribution has been made or not. This form must be submitted with your proposal whether an applicable contribution has been made or not. (For purposes of this requirement, the applicable elected public officials within the Executive Branch are the Governor and Lt. Governor.)

30. Pay Equity Initiative “If the Offeror has ten (10) or more employees OR eight (8) or more employees in the same job classification, Offeror must complete and submit the required reporting form (PE10-249) if they are awarded a contract.

“For contracts that extend beyond one (1) calendar year, or are extended beyond one (1) calendar year, Offeror must also agree to complete and submit the required form annually within thirty (30) calendar days of the annual bid or proposal submittal anniversary date and, if more than 180 days has elapsed since submittal of the last report, at the completion of the contract.

“Should Offeror not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, offer must agree to provide the required report within ninety (90) calendar days of meeting or exceeding the size requirement.

“Offeror must also agree to levy these reporting requirements on any subcontractor(s) performing more than 10% of the dollar value of this contract if said subcontractor(s) meets, or grows to meet, the stated employee size thresholds during the term of the contract. Offeror must further agree that, should one or more subcontractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting,

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offer will submit the required report, for each such subcontractor, within ninety (90) calendar days of that subcontractor meeting or exceeding the size requirement.”

31. Disclosure Regarding Responsibility Any prospective Bidder/ Offeror (hereafter Offeror) and/or any of its principals who seek to enter into a Contract greater than twenty thousand dollars ($20,000.00) with any state agency or local public body for professional services, tangible personal property, services or construction agree to disclose whether they, or any principal of their company:

A. Are presently debarred, suspended, proposed for debarment, or declared ineligible for award of a contract by any federal entity, state agency or local public body.

B. Have within a three-year period preceding this offer, been convicted of or had civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public ( federal, state or local) contract or subcontract; violation of Federal or state antitrust statutes related to the submission of offers; or commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen property.

C. Are presently indicted for, or otherwise criminally or civilly charged by any (federal state or local) government entity with, commission of any of the offenses enumerated in paragraph B of this disclosure.

D. Have preceding this offer, been notified of any delinquent Federal or state taxes in an amount that exceeds $3,000.00 of which the liability remains unsatisfied.

1. Taxes are considered delinquent if both of the following criteria apply:

2. The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

3. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

E. Have within a three year period preceding this offer, had one or more contracts terminated for default by any federal or state agency or local public body. Principal, for the purpose of this disclosure, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity or related entities.

The Offeror shall provide immediate written notice to the Procurement Manager or Buyer if, at any time prior to contract award, the Offeror learns that its disclosure was erroneous when submitting or became erroneous by reason of changed circumstances.

A disclosure that any of the items in this requirement exist will not necessarily result in withholding an award under this solicitation. However, the disclosure will be considered in the determination of the Offeror’s responsibility. Failure of the Offeror to furnish a disclosure or provide additional information as requested will render the Offeror nonresponsive.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the disclosure required by this document. The knowledge

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and information of an Offeror is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings.

The disclosure requirement provided is a material representation of fact upon which reliance was placed when making an award and is a continuing material representation of the facts. If during the performance of the contract, the contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the contractor must provide immediate written notice to the Procurement Manager or Buyer. If it is later determined that the Offeror knowingly rendered an erroneous disclosure, in addition to other remedies available to the Government, the State Purchasing Agent or Central Purchasing Officer may terminate the involved contract for cause. Still further the State Purchasing Agent or Central Purchasing Officer may suspend or debar the contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the State Purchasing Agent or Central Purchasing Officer.”

32. Conflict of Interest; Governmental Conduct Act.

The Offeror warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement. The Offeror certifies that the requirements of the Governmental Conduct Act, Sections 10-16-1 through 10-16-18, NMSA 1978, regarding contracting with a public officer or state employee or former state employee have been followed.

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III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Each Offeror shall submit only one (1) proposal.

B. NUMBER OF ELECTRONIC COPIES

Each offeror shall provide:

• Hardcopy binders: one (1) original and one (1) identical copy of their Binder 1, Binder 2 (optional) and Binder 3 proposal materials as described below.

• Electronic virtual binders: one (1) original and one (1) identical copy of their virtual Binder 1, Binder 2 (optional) and Binder 3 proposal materials in standard electronic format (Adobe Acrobat pdf format preferred) on CD, DVD or flash drive.

The binder materials and their contents are referenced below. The electronic virtual binders must be identical in content to the hardcopy binders.

C. PROPOSAL FORMAT

All proposals must be capable of printing on standard 8½ x 11 paper (larger standard formats are permissible for charts, spreadsheets, etc.) and presented in the order delineating each section.

1. Proposal Organization

The proposal must be organized and indexed in the following format and must contain, at a minimum, all listed items in the sequence indicated.

Binder 1: a. Letter of Transmittal b. Table of Contents c. Proposal Summary (optional) d. Response to Requirements with the exception of cost (Section IV) e. Response to Agency Terms and Conditions f. Offeror’s Additional Terms and Conditions

Binder 2: g. Completed Cost Response Form h Campaign Contribution Disclosure Form i. Signed New Mexico Employees Health Coverage Form

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j. j. Resident Vendor or Resident Veteran Certificate (If applies) k. Resident Veterans Preference Certification (If applies) l. Conflict of Interest Affidavit (Governmental Conduct Act) (If applies)

Binder 3 (Optional): n. Other Supporting Material Within each section of the proposal, the Offeror should address the items in the order in which they appear in this RFP, including reference to the section, paragraph number(s) and letter(s), and RFP page number for each item. All forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal. All discussion of proposed costs, rates, or expenses must occur only in Binder 2 with the cost response form. Any proposal that does not adhere to these requirements will be deemed non-responsive and rejected on that basis. The proposal summary may be included by Offerors to provide the Evaluation Committee with an overview of the technical and business features of the proposal. However, this material will not be used in the evaluation process unless specifically referenced from other portions of the Offeror’s proposal. Offerors may also attach other materials that they feel may improve the quality of their responses. However, such additional materials must appear only in Binder 3.

2. Letter of Transmittal

Each proposal must be accompanied by a letter of transmittal. The letter of transmittal MUST: a. Identify the submitting organization.

b. Identify the name, title, telephone and fax numbers, mailing address and e-mail address of the person authorized by the organization to contractually obligate the organization.

c. Identify the name, title, telephone and fax numbers, mailing address and e-mail address of the person authorized to negotiate the contract on behalf of the organization.

d. Identify the name, title, telephone and fax numbers, mailing address and e-mail address of the person to be contacted for clarification.

e. Identify if sub-contractors will be used in the performance of the contract award.

f. Describe any relationship with any entity that will be used in the performance of this awarded contract.

g. Explicitly indicate acceptance of the Conditions Governing the Procurement stated in Section II.C of this RFP.

h. Explicitly indicate acceptance of Section V of this RFP.

i. Acknowledge receipt of any and all amendments to this RFP.

j. Be signed by the person authorized to contractually obligate the organization.

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IV. REQUIREMENTS Offerors must explicitly agree to meet every mandatory requirement of this RFP, as designated by use of the words shall or must or in this Section IV by a checkmark in the Mandatory (M) column. Offerors must respond in the form of a thorough narrative to each mandatory requirement that by its terms requires a response, and to each desirable item that the Offeror proposes to provide. The narratives along with required supporting materials will be evaluated and awarded points accordingly.

A. MANDATORY AND DESIRABLE REQUIREMENTS Mandatory (M) functionality must be provided as specified or the proposal will be rejected. A narrative response is not required to those mandatory or (except as noted below) desirable requirements that do not by their language indicate that a response is required. Please note, however, that if the requirement is that the “Offeror must provide . . . ,” the requirement is for a response to be included in Offeror’s proposal and not merely to agree to provide the requirement at some future date. For each Desirable (D) requirement, the Offeror must indicate whether it can: a) fully meet the requirement; b) partially meet the requirement (with explanation of why and what Offeror is specifically prepared to do); or c) not meet the requirement. Any desirables that cannot be funded within the limitations of Offeror’s proposal and budget may be priced separately as optional additions for consideration in the event that additional funding may be available. Points will be awarded based on the thoroughness and quality of the Offeror’s responses to those requirements that call for a response; the percentage of desirable requirements that the Offeror agrees to meet; and the extent to which the Offeror is able to provide maximum functionality consistent both with the specific requirements and with the Agency’s Vision for the Future, as described in Section I.D of this RFP. Note: Below and for all requirements on the following pages in this Section IV, each Mandatory requirement is identified by a check mark in the “M” column. Each Desirable requirement is indicated by a check mark in the “D” column. GENERAL OFFEROR AND PROJECT REQUIREMENTS:

B. MANDATORY REQUIREMENTS STATEMENT OF CONCURRENCE

1. Mandatory Requirements Statement of Concurrence M D

1) Offerors must explicitly agree to meet every mandatory requirement of this RFP, as designated by use of the words shall or must or, in this Section IV, by a checkmark in the Mandatory (M) column. A statement of concurrence is required.

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C. EXECUTIVE SUMMARY OF PROPOSED SOLUTION

1. Executive Summary M D

2) The Offeror shall provide in its proposal a high-level executive summary that describes Offeror’s proposed motor vehicles system solution in such a way as to provide the Agency’s management and the Evaluation Committee with a broad but clear understanding of the entire proposal.

D. OFFEROR QUALIFICATIONS

1. Corporate Experience M D

3) Offerors must submit a statement of relevant corporate experience within the last five years, including the experience of any subcontractors proposed to be used on this project. The narrative in response to this factor must thoroughly describe the Offeror’s experience with the design, development, implementation and maintenance of systems similar to the system proposed by the Offeror in its response to this RFP. This statement must include:

a) A brief statement of how long the Offeror has been performing services similar to those proposed in the Offeror’s response to this RFP. Offerors must include a complete list of current or former clients for whom such services have been performed.

b) A detailed description of any other implementations of the proposed motor vehicle system by the Offeror.

c) A description of the experience level, technical and application knowledge, and government experience that the Offeror has obtained in the last five years.

d) A list of any current contractual relationships with the State of New Mexico or those completed within the previous five-year period. The listing must include the contract number, contract term, and procuring State agency for each reference.

2. Offeror Staff Experience

4) The Offeror’s proposed project staff shall include the account manager, project manager, training manager, key technical manager/lead system architect and all other key staff to be assigned to the Motor Vehicle Division Driver and Vehicle System Reengineering Project.

5) Offerors must provide an outline of all proposed key staff members, including their major areas of responsibility during the project, the percentage of time that each will be dedicated to the project, and the estimated percentage of time that each will be on site for the duration of the project.

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6) Offerors must include in the proposal resumes of all key staff members, including the proposed Project Manager and lead technical personnel, of the Offeror and any Subcontractors. The resumes, with experience and education narratives, must clearly describe each person's relevant experience in relation to the person's proposed duties under Offeror’s response, including: • Experience with the offeror. • Experience with projects related to drivers and vehicles solutions. • Experience with projects similar in size, scope, and complexity to this project. • System design and development experience. • System implementation and support experience. • System integration experience. • Any industry-acknowledged certifications (attained or actively pursuing).

7) The Offeror’s designated Project Manager must: • be able to demonstrate a history of successful projects of similar size, nature,

and complexity; • have a bachelor’s degree; • be able to demonstrate a minimum of 5 years’ project management

experience.

8) The Offeror’s designated Project Manager should have Project Management Professional (PMP) certification from the Project Management Institute, Inc. (PMI).

9) Each project referenced in a resume as performed during the prior five years should include the customer name, customer reference (including current telephone number and e-mail address), and time period of the project, as well as a brief project description.

10) Each key staff member should list at least three references (with the above listed contact information) in total, which may necessitate older references if the prior three years’ experience was for less than three customers.

11) After the contract award, the Agency reserves the right to approve or reject any changes to the Offeror’s Project Manager or other key personnel after the contract award. The Agency also reserves the right to require key personnel changes, with reasonable notice to the offeror. A statement of concurrence is required.

3. Offeror, Subcontractor and Project Manager References M D

12) The Agency will review and evaluate past performance information on the Offeror firm, any Subcontractors and the Project Manager. For each Entity (i.e. Offeror, Subcontractor(s) if any and Project Manager), the Offeror shall prepare and submit a Reference List and Customer Surveys, as outlined below. The Agency may contact any or all references to clarify a survey rating, check for

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accuracy, or to obtain additional information.

13) Past Performance Reference List Requirements (Appendix E) • For each Entity, the Offeror must prepare and submit a list of clients that will

evaluate the Entity's performance. • A maximum of five references can be submitted for each Entity. The number

of returned surveys will be considered along with the actual survey scores. • The past projects must be installed and operational (the client must be able to

respond to the survey questions). • The past projects should be related (or similar) to the type of services that will

be provided in this project. • The reference list must contain different projects. The Offeror cannot have

multiple people evaluating the same project (for a particular Entity). • The reference list must contain different clients. The Offeror cannot have the

same client evaluate different projects (for a particular Entity). • The client must complete the survey (the Offeror cannot have other consultants

or third parties evaluate the Entity's performance). • Neither the New Mexico Taxation and Revenue Department nor any Division

thereof nor the Department’s or Division’s employees can be listed nor can they be used as references.

• Note: Each Entity can use the same references provided that they were used or applied on that particular project.

14) Past Performance Survey Questionnaires (Appendix F) • For each Entity (Offeror, Subcontractor(s) if any and Offeror’s proposed

Project Manager), the Offeror must prepare, send out to and collect survey questionnaires from each individual listed on the Reference List.

• The Offeror must modify the return information (located at the bottom of the survey) so that the surveys are returned back to the Offeror.

• All returned surveys MUST be evaluated AND signed by the client/referrer. If a survey is not signed, it will NOT be counted or considered.

• The Offeror is responsible for making sure that clients receive, complete and return the survey.

• Returned surveys must be packaged together and submitted with the Offeror's proposal.

4. Financial Stability of Offeror M D

15) Offerors must submit copies of their organizations’ most recent complete financial statements, as well as those for the preceding two years. The financial statements submitted must be solely for the Offeror, unless a parent entity is also committing to financially support the Offeror in performance of the contract, in which case the financial statements of the parent entity must also be provided.

16) Financial statements must be independently audited (strongly preferred) or

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reviewed. Submissions must include the audit opinion, balance sheet, statements of income, retained earnings and cash flows, and the notes to the financial statements.

17) Offerors must provide a statement as to whether there is any pending litigation against the Offeror, and if such litigation exists, attach an opinion of counsel as to whether the pending litigation may impair the Offeror’s performance in a contract under this RFP.

18) Offerors must include a statement of their intention and ability to procure, submit to the Agency, and maintain throughout the duration of the contract, a Performance Bond in the amount of the unpaid balance of the awarded contract in favor of the Agency to insure the Contractor’s performance under the contract.

5. Conflict of Interest M D

The following are the conditions relevant to potential conflict of interest:

19) By signing the proposal, the Offeror certifies that no assistance in preparing the response was received from any current or former employee of TRD whose duties relate(d) to this RFP (unless such assistance was provided by the State employee in his or her official public capacity) and that neither such employee nor any member of his or her immediate family has any financial interest in the outcome of this RFP. A statement of concurrence is required.

20) Offeror must state whether the Offeror or any employee of the Offeror is known by the vendor to be related by blood or marriage to a TRD employee or to reside with a TRD employee. If there are any such known relationships, Offeror must list the names and relationships of said parties; their position and responsibilities in the offeror’s organization; and the individuals’ titles and start dates.

E. PROJECT MANAGEMENT 1. Project Management Plan M D

21) The Offeror must include in its proposal a comprehensive draft project management plan that includes elements of project management, quality assurance (QA), and scheduling. The project must adhere to Project Management Requirements as identified by the NM Department of Information Technology (DoIT) at http://www.doit.state.nm.us/project_templates.html . Any deviation to the forms must have prior approval from the Procuring Agency and DoIT. Specific elements to be contained in the plan include:

22) Project Management The Offeror must provide a description of how they will successfully manage the complex aspects of budget, scope, schedule management, risk, issues, requirements, stakeholder communication and configuration management. In addition, they must describe the project management methodology to be utilized,

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including a description of any supporting software. This discussion shall include information about overall project management techniques, issue management approaches, status reporting, meeting facilitation, and staffing. NMTRD prefers the use of Microsoft Project 2010 (or a newer version) as the project management software.

23) Quality Assurance The Offeror must describe the QA process to be utilized for the project tasks, schedule, deliverables, and testing in order to ensure that work related to the production of acceptable deliverables is on track and expectations are met or exceeded. The QA process is expected to be proactive so as to ensure not only that the schedule is met but also that product and service quality is maintained. A ‘go-green” approach is preferred, including continuous project monitoring with immediate intervention when cost, scope, schedule or quality is found to be “at risk.”

24) Project Schedule The Offeror must include a project schedule with a timeline identifying all major tasks, submitted in Microsoft Project Gantt chart format. This schedule shall contain a breakdown of all tasks and subtasks required to successfully complete the Motor Vehicle Division Driver and Vehicle System Reengineering Project. For each identified subtask, offerors shall include the following information: • Resource assignments (e.g., offeror staff, local agency staff). • Milestones. • Key dates. • Deliverables. Offerors are required to state their ability to meet this timeline and must discuss any foreseen risks in meeting this timeline and all required modifications, to include scheduling, services, equipment, and connectivity required – all of which MUST be performed or provided at the contractor’s expense.

25) Agency resources With regard specifically to resources that the Agency will be expected to provide, the Agency intends to assign one FTE-equivalent professional project manager on the IT side and one on the MVD/business side. The Offeror must include in this proposal a detailed schedule of all additional resources that must be provided by the Agency, including staff resources as well as hardware, software, any related licenses and physical space, over what specific time periods, with reference to Appendix D, Cost Assumptions – Agency Staff and Infrastructure Resources. The assigned cost of Agency-provided resources will be included in the Offeror’s Appendix C Grand Total Cost calculation and included in the cost evaluation and award of cost points as described in Section V of this RFP.

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F. DATA CONVERSION PLAN

1. Data Conversion Plan M D

26) The Offeror must provide in its proposal a plan for the conversion of electronic data from the current system to the new platform. As a part of this plan, the Offeror must provide the data conversion specifications for the Agency to review. If the Agency is able to provide the legacy system data according to the defined offeror specification, the successful offeror will be asked to convert and populate the data into the proposed solution.

27) The Offeror’s Data Conversion Plan should include: • Conversion Process – A description of the conversion process, record

handling and inventory control process, and quality control activities. • Errors – An outline of common errors and resolutions from previous

conversion efforts. • Roles – A description of roles and responsibilities for offeror-provided staff

members and the Agency staff members. • Schedule – A detailed activity schedule and timeline for the conversion

process. • Data Cleansing – Existing data in legacy application should be cleansed as

part of the migration process. Cleansing activities include: » Validating data contents to ensure that the information stored is accurate. » Standardizing data formats for conformance.

• Data De-Duplication – Existing data is not normalized. The same data element quite often is stored in multiple locations. If these locations contain different information, then they should be reconciled and resolved.

• Data Migration – As new business functions move to the new application systems, corresponding business data should be moved from legacy to new databases.

• Data Synchronization – Overlapping data in both the legacy and new application systems should be synchronized during application transition. Overlapping data consists of information required in both application systems for processing business transactions. Synchronization activities should be performed in real time or on a near-real-time basis.

• Single Customer Record – Creation of a single customer record from multiple sources is a strategy that should be analyzed, developed, and maintained to include new records created in the different source system.

• The Offeror’s Data Conversion Plan should also outline each major step anticipated in the data conversion process.

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G. BUSINESS CONTINUITY, IMPLEMENTATION, MIGRATION AND FAIL-BACK 1. Business Continuity Solution M D

28) The Offeror must include in its proposal a brief overview of its proposed business continuity solution.

2. Implementation Plan M D

29) The Offeror must include in its proposal a detailed plan for implementation of the proposed solution, outlining the steps from the point of contract signing through complete acceptance and go-live of the future system and required infrastructure for the production environment.

3. Migration Plan M D

30) The Offeror must include in its proposal a detailed approach and plan for the migration of NMTRD from the current (legacy) system to the proposed environment. This plan will include considerations for the logistics and identify a strategy for cutover of the following installations: • NM TRD central site. • User/interface sites. • Integration with existing AAMVA systems, including but not limited to

PDPS, CDLIS and SSOLV.

4. Fail-Back Plan M D

31) Each offeror must include in its proposal a structured plan for the rapid and orderly return to the prior (current) version or environment if the transition effort for any element of the new environment (during cutover and for the period up to final acceptance) begins to fail in production, including plans for: • System restoration and rollback. • Data restoration and rollback.

H. TESTING, TRAINING AND COMMUNICATION 1. Testing Approach M D

32) The Offeror must include in its proposal a description of its approach to testing the proposed system and its components, including verification that all requirements of the delivered system and its components are fully satisfied, and including: • Test Procedures – Define the test procedure methodology overall and for

each of the specific test areas below, including verification of compliance with requirements.

• Inspection – To ensure the availability and quality of delivered equipment,

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certifications, documentation, and so forth. • Functional Testing – To demonstrate each of the discrete functional capabilities

of the system. • Operational Testing – To demonstrate the full operability of all integrated

components in an operational environment and to validate associated user and maintenance documentation.

• Benchmark Testing – To demonstrate that the system meets or exceeds performance requirements, including throughput and response times.

• Final Acceptance Testing – To demonstrate that system components are completely readied for production implementation.

2. Training Approach M D

33) The Offeror must include in its proposal a description of its approach to training, including objectives, roles and responsibilities, facility requirements, course descriptions and curriculum outlines, and a plan for student training, testing, and evaluation, including: • A “train the trainer” course for the MVD Business Operations group and system

administrators. • Directed and detailed software and application training for developer and

support staff. • Directed and detailed hardware training for system operations staff. • Directed and detailed DBA training. • User access to training development and training materials • A training schedule and timeline. • A delineation of training in relation to system installation and go-live.

3. Customer Communication Approach M D

34) The Offeror must include in its proposal a description of its approach to providing comprehensive customer communication, including: • notifying motor vehicle customers of required changes that will affect them;

and • assisting the Agency with an appropriate marketing plan to notify customers

of changes as they are rolled out.

I. SERVICES TO BE PROVIDED BY THE CONTRACTOR 1. Services Required M D

35) The selected Contractor must provide the following services: • Data Conversion of current system and archive data • Data Cleanup

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• Systems Integration • Writing of all file-based interfaces • Creation, and testing of all interfaces listed in that section of the Requirements • Installation of all hardware • Installation of all server software, VMWare, and MVD Driver\Vehicle system

software • The installation of hardware and software shall be for a minimum three

environments: development, UAT, and production. • Creation of complete system documentation (Requirements Traceability

Matrix, Conceptual and Technical design documents (Use Cases, User Interface, Sequence Diagrams, Data models conceptual and physical, Data dictionary, Online User Manuals, Test Plans for all tests, Test Scripts for Unit and UAT, Stress Test Plans, Training Plans, and Training Manuals (prefer online)).

2. Location of the Project Development and Implementation Team M D

36) The Contractor’s development and implementation team, including the Project Manager, core development team and business analysts should be located on site in Santa Fe, New Mexico for the duration of the project. The Agency reserves the right to approve the respective balance of any on- vs. off-site development.

3. Maintenance and Support Personnel M D

37) The Contractor’s maintenance and support personnel must be on-site for at least six months post-implementation, with optional services purchase available for up to four years, post-implementation with contract renewal options. This must be quoted separately, in the Offeror’s Cost Proposal, from hardware, software, and annual licensing fees.

REQUIREMENTS RELATED TO RISK MANAGEMENT AND MVD’S VISION FOR THE FUTURE: Note well: The requirements listed in this Section J are high priority and of core importance to the success of the Motor Vehicle Division Driver and Vehicle System Reengineering Project and to the realization of MVD’s Vision for the Future.

J. RISK MANAGEMENT AND MVD’S VISION FOR THE FUTURE

1. Risk Assessment and Management Plan M D

38) The Offeror shall identify, list and prioritize all risks that the Offeror sees as potentially impacting a successful delivery of the project and implementation of the proposed system, considering all of the expectations described in this RFP. Risks should be described in non-technical terms, with enough information to

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understand why each is a valid risk; the probability that each risk will occur (high, medium, and low); and the impact each risk can have on the project (high, medium, and low).

39) The Offeror must identify and differentiate between controllable risks, including those that are controllable by the Offeror, and non-controllable risks, i.e. those that are not controllable by the Offeror, including risks that may or may not be controllable by the Agency.

40) The Offeror must explain how it will avoid or minimize the identified risks. If the Offeror has a unique method to minimize the risk, the Offeror should explain it in non-technical terms. The Risk Assessment plan gives the opportunity for the Offeror to fully outline its approach to risk mitigation.

41) Given the potential for failure and the difficulties motor vehicle agencies in this and other jurisdictions have had in implementing comprehensive, modern motor vehicle systems, the Offeror must thoroughly address and explain if, how and why its particular solution (as compared to other alternative approaches) can be expected to result in reduced system implementation risk to the Agency and to the State of New Mexico.

2. MVD’s Vision for the Future M D

42) The Offeror must provide in its proposal a thorough explanation of how the Offeror and its proposed motor vehicle system solution are best suited to help the Agency realize its future vision, as described in Section I.D. on pages 8-11 of this RFP.

43) The Offeror’s solution must provide customer information and customer relationship management functions for all types of MVD customers including, but not limited to: individual customers, business customers, Dealers, all Partner/Agent offices, Driver Education providers, state agencies, insurance companies, and financial institutions.

44) The system must provide a method to indicate for each separate customer or customer category which MVD Services the customer currently has the ability to access.

45) The system must provide the ability to change the current status of each customer ("in good standing," suspended, etc.) and automatically change service access to that customer, based on the change in customer status.

46) Certain services should be available for all customer types i.e., Account Set-up, Profile Creation. Other services should only be available to specific customers i.e., Dealer Licensing for Dealers only.

47) The system must provide the architecture necessary to support the following features: • Single access point for all services, with the services owned by the State of

New Mexico. • Ability to provide all services to all channels through the above set of web

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services. • Ability to centrally control service access to all channels and service

providers. • Capability to support the additional traffic associated with an expected

dramatic increase in on-line vs. in-person transactions. • Encrypted (unsecured channels, i.e. wireless) or unencrypted (secured

channels, i.e. VPN tunnel) bi-directional communications between the web services and external users, with the ability to differentiate and determine when a given mode of communication must be employed.

48) The system should provide a method of Configuration by the Business user without requiring any IT intervention or coding changes, including but not limited to this list of system components: • Alerts • Business Policy • Compliance, validation, reinstatement, emissions certification

requirements, revocation rules and Boolean logic associated with all Driver and Vehicle transactions.

• Effective dates • Field content of existing or new data entry screens • Fees, based on a single or multiple variables • Fee structures • New transaction including data entry and associated rules • Sequence of screen display and navigation • Several different methods of rule creation/maintenance, including but not

limited to: o Natural language o Decision tables o Nested rule sets o Boolean logic o Decision trees

49) The system must provide immediate or real-time, centralized logging of all transactions via all channels (MVD field Offices, partners, web, kiosk, mobile) including but not limited to: • Who requested the services • When was the service request made • What service was requested • To which customer group did the requestor belong (e.g. Office Type-Office

Name-Clerk Name) • IP address of the requesting party • if record sales what records were requested, the number of records received • The status of the request

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50) The system must have the ability to immediately, electronically bill all customer types: • For MVD Office transactions this means the financial system must support o Cash o Credit Card o Electronic Check o Invoice a Customer Account that will be automatically, electronically

withdrawn at a specified time, or a default time. • For virtual transactions not associated with a “cash-capable” kiosk o Credit Card o Electronic Check o Invoice a Customer Account that will be automatically, electronically

withdrawn at a specified time, or a default time. o Immediately withdraw from a customer account.

51) The system must support all of these Office of the Future general requirements: • Appointment creation • Triage of incoming customers • Mobile greeters with tablets capable of completing the entire transaction • Mobile customer service representatives (CSR) • Effective customer relationship interface that allows CSR to personalize

service

BUSINESS/FUNCTIONAL/TECHNICAL REQUIREMENTS:

K. BUSINESS REQUIREMENTS 1. General – Note Well M D

52) The Agency has attempted to provide a comprehensive list of business requirements in this RFP and in this Business Requirements section. However, it is clear that, given the range and complexity of driver, vehicle and related transactions, no list of requirements can ever be truly complete. It is the Agency’s intention to award a contract for a comprehensive, modern motor vehicle system that explicitly includes all requirements and transactions that are typical of this Agency and the Motor Vehicle Agencies of other jurisdictions within the United States, specifically including all of the mandatory requirements listed in this section. The Agency expects that the successful Offeror will, as demonstrated by the successful prior experience of the Offeror and/or its key staff members, be genuinely expert in the development, implementation and maintenance of United States motor vehicle systems. Therefore the Agency expects, for any contract that is awarded under the terms of this RFP:

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• that the Offeror will be responsible for including all requirements and transactions that are typical of this Agency and the Motor Vehicle Agencies of other jurisdictions within the United States, specifically including all of the mandatory requirements listed in this section, in the solution that it proposes to deliver;

• that the Offeror’s cost proposal will reflect that expectation and responsibility; and

• that the absence of any such particular, specific, typical requirement or transaction in this RFP or in this Business Requirements section IV.I shall not be the basis for cost increases through change orders or other cost adjustments, over and above the Offeror’s proposed cost, in the course of such contract.

A statement of concurrence is required.

2. Customer M D

53) The system must provide a single customer record for all transactions, including but not limited to driver, placard, boat, vehicle and miscellaneous transactions. The system must automatically assign a unique customer identifier during the process of adding a new customer.

54) The system must be able to simultaneously maintain a customer in more than one category, such as: vehicle owner, office, dealership, municipality, etc. E.g. a PRA could operate offices, own vehicles, and interact with MVD in other ways, such that they cross boundaries separating type of customer.

55) The system must handle more than one class of “customer” and/ or vendor including, for example: • drivers and vehicle owners; • field (state, county-municipal aka “muni” and PRA offices as well as title

service companies and others) and virtual offices (such as SAMBA and New Mexico Interactive) that accept payments from driver and vehicle owners; and

• distribution beneficiaries (such as counties and municipalities, fee agents, state agencies, TRD, and external entities.

56) The system must provide the ability to create a new customer profile for individuals, commercial entities and a growing number of offices and beneficiaries. The function will be offered online or in the Field Office. The add, edit, or deactivate function must be subject to a security level table.

57) The system must provide the capability for the customer to have an account. The customer must be able to make changes (manage) to their profile related to the account. The customer must be able to make online payments using their account, in order to simplify the online transaction.

58) At a minimum, but not limited to, the profile will contain: Legal name, alias names, residential address, mailing address, date of birth (DOB), eligibility (e.g., program, military, plate), exemptions, etc., preferred methods of communication,

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general commentary, language preference (except for CDL holders), and alerts.

59) The system must provide the ability to capture different information for a business customer (account/profile) such as, but not limited to: Legal name of the business, a DBA name, one or more location identities, Social Security Number or Federal Employer Identification Number, or other identifiers, Mailing address, Contact information, Type of organization (LLC, corporation, etc.), identification information for owners, officers, partners, exemptions, etc.

60) The system must allow for the electronic submission and/or intake of a customer-completed request for a name change, change of address or other applicable information changes related to the customer.

61) The system must allow multiple addresses for a customer.

62) The system must allow for the customer profile to include attorney for DWI with the attorney’s contact info, including address.

63) The system must allow users to merge one or more existing customer records into an existing or new customer record. Must provide the necessary metadata to the DMS, when customers are merged.

64) The system must allow merged customer accounts to be separated, by an authorized user with the proper system security role

65) The system must provide the ability to maintain a history (and a copy of the record) of previous customer records that have been merged. The old record must include a note that the record has been merged and to what record. Finally, the system must update the PDPS pointers for the new record created as a result of the merge.

66) The system should provide the ability to automatically generate bar coded invitations via multiple channels (email, USPS..) to renew based on credential expiration period. The system must provide the capability to turn the automatic generation on/off.

67) Post-transaction, the system should support public outreach by MVD including, but not limited to: • online promotions • Thank you email blasts • Happy Birthday! • online discounts available for transactions • collaborative coupon campaigns • Back of receipt used for other messages • offer other services\links • NM Licensed Dealers • tips for purchasing a new vehicle • document checklist

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68) System must provide the capability to place a "STOP" on all transactions for a customer, or for a particular type or specified group of transactions.

69) System must provide the capability to remove the existing "STOP" for all transactions for a customer, or for a particular type of transaction.

70) The system should provide the ability to interface with internal or external systems for the customer's status at that organization\agency. For example, provide the ability to check on the Child Support status of a non-custodial parent, or the tax status of the individual.

71) The system must provide the capability to create multiple aliases for a customer. Required for CDLIS and PDPS.

72) The system must provide the ability to customize the transactions for a customer designated as "military".

73) The system must provide the ability to create a customer profile for individuals or commercial entities. The function will be offered online or in the Field Office.

74) The system must have the ability to create new customer records thru batch/ unsolicited processing, as for example when records are received from PDPS and CDLIS for customers who do not have an existing customer record.

75) The Offeror’s solution must use customer management to contain basic information regarding individual customers, business customers, Dealers, Partners, Driver Education providers, state agencies, insurance companies, financial institutions and others. The system must provide a method to indicate for each separate customer or customer category which MVD Services the customer currently has the ability to access. For instance, a partner type with a sub-type of Title Service Company (TSC) must be allowed to perform vehicle registration and title transactions. Another partner with a subtype of Private Retail Agent (PRA) must be allowed to perform all MVD driver and vehicle transactions, with some specific limitations. The system must also provide the current status of each individual customer ("in good standing," suspended, etc.). Based on the current status of the customer, permissions could be suspended, revoked, or allowed. Special functions must be available for each customer type (individual, business, partner, partner\dealer...) i.e., Dealer Licensing for Dealers, partner agreement for partners. Some functions must be available for all customers i.e., Account Set-up, Profile set-up.

76) Each element of the customer record (including vehicle and driver records) to which a retention period applies must include that retention period and must automatically drop off the record once the retention period ends.

77) Security access levels must be defined within the system based on a variety of activities, and internal controls structured to satisfy ad hoc and annual internal controls audits.

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78) The system should incorporate USPS (or other equivalent) address correction software for accurate mailing.

79) The system should be able to interface to a recognized and proven address verification system.

80) The system should provide the capabilities to personalize emails, web pages, notices sent by MVD, beginning of the transaction online, and the overall customer interaction; based on the contents of the specific customer's profile.

81) Provide online clerk education/coaching that can be invoked during the transaction with the customer. The system should provide the capability to turn the "coaching mode" on/off.

82) All the correspondence and documents generated for the transaction should be captured in the system. A copy should be retained in the Document Management System (DMS).

83) The system must be able to record and associate the identity of the MVD employee, customer or business partner completing a transaction with the customer record of that transaction.

84) The system must have the ability to identify all returned mail at the customer level, and to omit those customers for future mail communication.

85) The system must provide the capability to manually cancel the requested transaction, while preserving a transaction audit trail.

86) The system must provide the ability to store and retrieve information associated with the documents provided to complete a Transaction. This will be done via a real-time link provided in the Driver/Vehicle system to the existing DMS, which is EMC-based. A minimum of meta data for credential transactions must include, but is not limited to: • Transaction Number • Transaction Code • TFID • Compliance • First Name • Middle Initial • Last Name • Date of Birth • Issue Date • Document Category • DL Number • DL Type • Clerk ID

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• Office ID • Office Name • Form Number

87) If a transaction is stopped for any reason, the system must record the stop and the reason for it in the customer’s record. Depending on the transaction type and the applicable business rules, the system must either: • allow the transaction to continue from the point of the stop; or • continue with supervisor or manager approval. For example, if there is insufficient documentation, the transaction will go into deferred or pending status. When a stop is initiated due to lack of insurance, the supervisor/manager must override before the agent can continue to issue the registration.

88) The system must provide the ability to check the address for duplicates in the system at time of application.

89) The system must provide the ability to stop transactions from being completed if compliance violations are found during an online or batch process

90) The system must provide for supervisory override capability, while preserving an audit trail, to allow authorized personnel to process a transaction when the system returns a noncompliant status.

91) The system must provide the current checklist of documents that the customer is required to provide based on the type of service request. A method to record the documents received, and issue a receipt must also be provided.

3. Driver - General M D

92) The system must provide the ability to complete Driver-related transactions including, but not limited to, the following: • First Time non-CDL Driver's License • Non-CDL DL Renewal • First Time CDL DL • CDL DL Renewal • Provisional DL • Instructional Permit • First Time ID • ID Renewal • Replacement of DL, permit or ID • Credential replacement with new DL/ID number • No-fee Correction • Renewal DL (military)

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• Address Change • Limited License • Ignition Interlock • First Time Alternative ID • Alternative ID Renewal • 90 Day temp license (HAZMAT Endorsement) • 90 Days Temp Renewal • First Time DL non-CDL Foreign National • Renewal DL non-CDL Foreign National • Provisional License Foreign National • Instructional Permit Foreign National • First Time ID Card Foreign National • Renewal ID Card Foreign National • First Time Placard • Placard Renewal • No Fee Placard Correction • Placard History • Driver Status • Citation Payment by DL • Citation Payment by Citation # • Citation Payment pre-receipt • Driver Eligibility Check (class & type)

93) The system must provide the ability to create a First Time Credential for, at a minimum, these credential types: • Non-CDL Driver's License • CDL Driver's License • Learner's Permit • Provisional Driver’s License • Identification Card (ID) • Alternate Identification Card • Motorcycle License

94) The system must allow for the electronic submission and/or intake of a non-commercial or commercial permit or license, ID application or a customer-completed application for a new or renewal credential.

95) The system must be able to record written or electronic responses to application questions and handwritten or electronic signature for the application, specific to

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the type of credential being issued.

96) The system must track, in the customer’s record, any medical/vision approvals and/or expirations.

97) The system must allow for changes to the application and/or application questions for different types of credentials (CDL, ID).

98) The system must have the ability to record voter registration information and transmit to Secretary of State.

99) The system should provide the ability to record and track that New Mexico teen drivers must certify education credentials in order to receive learners permit or provisional license. Including the “None for the Road” certification (or other state equivalent) for drivers age 18 to 24, or drivers 25 and older who have been convicted of DWI and are applying for a first-time NM drivers license.

100) The system must notify the agent when a specified, configurable number of testing attempts has been met or exceeded within a specified, configurable time period and must not allow issuance of a credential based on impermissible testing.

101) The system must have the ability to generate a temporary credential for a defined or configurable time period.

102) The system must provide the ability to transfer the information from a previous ID or credential to the current credential being issued.

103) The system should be able to verify an identity using key data elements (e.g., Social Security Number, Passport Number, Alien Identification Number, Out-of-State Driver’s License Number).

104) The system must provide the ability to capture selected medical conditions/restrictions of an individual on his or her customer record and then indicate them on the driver’s license.

105) The system must be able to accept, record, and retain information from a driver skill tests, vision tests. The system must provide the ability for testing agents to enter the results of skills tests through a mobile device.

106) The system must provide appropriate User access to override/update system-generated denials for issuing the license by an authorized user with the proper system security role.

4. Driver - Placard M D

107) The system must have the ability to issue and track permanently disabled person placards.

108) The system must have the ability to issue and track temporarily disabled person placards.

109) The system must track organizations that qualify for permanent disabled person

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placards.

110) The system must generate renewal notices for permits and placards.

111) The system must provide the ability to track permit information issued by other agencies.

112) The system should provide the ability to flag if a CDL Holder is assigned a handicap placard so the system can alert the CDL Unit.

113) The system must provide for a Health Care Provider to certify handicapped eligibility via the MVD Web site through their account.

114) The system must provide the ability for the customer photograph to be placed on the Handicap Placard.

115) The system must provide the ability for a third-party (e.g. law enforcement or the courts) to view a customer’s Handicap Placard information.

5. Driver - Compliance M D

116) The system must support the Real ID credentialing guidelines.

117) The system must have the ability to issue applicable classifications, endorsements, restrictions, etc. including the necessary printing of endorsements and restrictions on the credential created in the Central Issuance facility.

118) The system must provide the ability for compliance status and corrective actions to be printed for the customer.

119) The system must display points in order to determine a driver’s status.

120) The system must provide the ability to calculate points based on business rules for a given date and flag the field agent when the customer has points on their record or they are out of compliance.

121) The system must identify electronically submitted failure to appear, failure to pay, and failure to comply actions and apply necessary actions and reinstatements.

122) The system must support the continual monitoring of the driver record for compliance issues and take appropriate action for failure to comply.

123) The system must set the suspension duration along with other criteria, e.g., notification of insurance, pay reinstatement fee, attend driver school, attend safety school, etc. in compliance with state and federal laws.

124) The system must support the receiving of paper feeds via USPS of citations, suspensions, and clearances; and the scanning of those paper documents via currently, the OPEX scanner, and delivery into queues for data entry, via the EMC-based Document Management System.

125) The system must provide a method for entering data from hard-copy and

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electronic citations, clearances, suspensions and other driver and vehicle records into the base MVD Driver/Vehicle System.

126) The system must provide the ability to create a customer record if the offender is from another jurisdiction and notify the licensing jurisdiction.

127) The system must support the auto-adjudication of all action requests, e.g., record/amend the conviction or request, NM administrative actions, hearing requests, violation/ACD code, evaluating the request in the context of prior history and current status and taking the appropriate action (suspending the license, restoring license, generate relevant correspondence). This must include all citations and convictions from other state, tribal, federal, and International jurisdictions.

128) The system must provide the ability to process driver action requests such as: convictions, report-based offenses, expunge or rescind a court order, court affidavits, reinstatement requests, and results of a hearing or appeal.

129) The system must provide the ability to send an alert to a Driver Control work queue for those requests that are not configured to auto-adjudicate or are too complex.

130) The system must provide for the ability to expunge records as required by court orders.

131) The system must provide to the ability to rescind a conviction.

132) The system must validate that all applicable fees have been paid prior to reinstatement.

133) The system must allow an operator with appropriate access to restore an individual’s driver’s license privilege.

134) The system must identify whether a driver is licensed or eligible for CDL vs. non-CDL, and any restrictions or endorsements that would apply, depending on the driver’s record and the license currently held.

135) The system must provide user capability to apply a “hold” on the driver record when pending medical hearing or pending medical review board decision.

6. Driver – Tracking/Reporting/Correspondence M D

136) The system must maintain statistics of non-compliance checks for use in operational and management decisions.

137) The system must provide the ability to suggest possible fraud situations based on information received and background and internal checks performed (e.g., multiple credentials for the same person).

138) The system must have the ability to track all administrative actions, suspensions, and revocations pending and sustained, including correction letters/transactions, and provide MVD agents with an alert of multiple actions.

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139) The system must provide the ability for the agent to to obtain and transmit or print, immediately on-demand the status of a drivers license, endorsement, or eligibility conditions for a customer or law enforcement.

140) The system must support the ability to produce and process internal and external driving history views based on agency rules.

141) The system must have capability to know to not respond to CDLIS history inquiry of driver no longer in state.

142) The system must notify other states of withdrawals for out-of-state drivers for 60 days or more.

143) The system must identify non-CDL drivers convicted of an offense in a CMV.

144) The system should be able to provide reports such as Out of Service Orders applied, Disqualifications required and applied to record, Penalties to be assessed (i.e., penalties for Out of Service Orders applied to record), CDL Transaction report.

145) The system must automatically generate a new or revised suspension letter when changes are made to suspension dates.

146) The system must support the continual monitoring of the driver record, record re-instatement requirements completion and initiate a restoration work flow when all requirements are met.

147) The system must provide the ability to automatically generate a notice to the driver and other parties (PDPS, CDLIS, etc) of the restoration of their driving privileges.

148) The system must be able to track all inquiry (online or via interfaces) and releases of MVR/DLR data. Such tracking must include requestor’s name, exemption claimed, specific record released, inquiry date and time, specific node used to access data, and person or automated system performing the inquiry. Note: Some inquiries may not allow the customer information to be released, it is requested that the inquiry be recorded along with a status for the reason the request was not satisfied. The system must have the ability to identify data that can be printed and data that must be redacted.

149) The system must provide the ability to automatically generate a notice (of immediate or pending action) to the driver and appropriate external entities (PDPS, CDLIS, employers, etc.) as CDL notification to other jurisdictions within 60 days, as required.

150) The system must be able to perform prior count processing on convictions and withdrawals including those received from a driver history record (another state) and determine the appropriate withdrawal.

151) The system must modify withdrawals based upon the conviction or previous withdrawal actions. If the “cause” of the withdrawal is modified the system should update the withdrawal to reflect the change.

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7. Driver – Commercial Drivers License (CDL) and Endorsements M D

152) The system will alert the field agent when a CDL driver is downgrading his or her license status and requires application of retesting rules.

153) The system must capture medical certificate information for CDL customers and generate disqualification and notifications to customers when their medical certifications have expired.

154) The system must require mandatory testing when a CDL is upgraded to an additional CDL Class or endorsement, including consideration of the time frame business rules.

155) The system must display which office and clerk supplied the Hazmat application.

156) The system must display status of Hazmat application and date approved. The system must be able to transfer an out-of-state Hazmat endorsement.

157) The system must alert user as to how many years remain on Hazmat background check.

158) The system must issue a CDL with Hazmat 4 years from the date of the last background check and testing for the hazardous material endorsement (NMSA 66-5-67E).

8. Vehicle - General M D

159) The system must provide the ability to complete Vehicle-related transactions including, but not limited to, the following: • 1st Time Title • Title Transfer • Lien Title Change • Duplicate Title • No Fee Correction Title • Vehicle Registration Renewal • Duplicate Registration • Vanity, military or other special plate • No Fee Correction Registration • Replacement Plate • Non-negotiable Title • Address Change • Registration Dealer Plate • Registration Reinstatement • Temp Permit

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• Transport Permit • Demo Permit • Transit Permit • Tax lien - NCIC Check • Vehicle Sales Report • No Fee Correction VIN • Registration NATO Plate • No Fee Correction NATO • Master Correction • Change Status from OOS report, usually to sold, cancelled, non-repairable • Change Status to Salvage

160) The system must provide the ability to change the person’s roles including vehicle owners and titles.

161) The system must designate a primary owner where there is more than one owner of a vehicle.

162) The system must capture all title transactions types, the ID of the person performing the transaction, the location, etc. (e.g., who and where a title was printed).

163) The system must capture on the title transaction the nature of the transaction, indicating whether the transaction was standard, or involved a specific transfer by operation of law (e.g., bankruptcy, lien sale, seizure), had foreign documentation (e.g., vehicle last titled/registered in another country, in the military, by the federal government), required a title brand (e.g., bonded title, reconstructed vehicle), or involved a special manufactured home transaction (e.g., statement of intent to declare manufactured home real property, reversal of declaration of manufactured home as real property).

164) The System must allow an operator with appropriate access to place a “Stop” on a transaction associated with a customer or vehicle that will prevent the transaction from being completed (without expiration date/time). The notice will be table based or free form text and will require a point of contact.

165) The system must allow a title record to have an area for comments to be stored.

166) The system must have a mailing indicator that points to which owner address(es) to which the title and renewal bills are to be mailed and/or emailed.

167) The system must provide the ability to designate and validate an address where the vehicle is domiciled for tax calculation purposes. This must be a separate record from the address where MVD correspondence is sent. (i.e. if an individual lives in Ohio, but maintains a home in Albuquerque with a vehicle registered/parked there, they should be able to still receive notifications at the Ohio address if they wish). Address changes need to be tracked by date.

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168) The system must be able to accept and change the jurisdiction code information received from the ZIP code and to automatically populate the tax jurisdiction code when an address is entered.

169) When the vehicle is under lease, the system should be able to determine which mailing address to send registration and tilting correspondence.

170) The system should reconcile a customer’s proof of insurance documentation submitted by the customer against the information provided by an insurance company, including out-of-state driver insurance.

9. Vehicle - Title M D

171) The system must generate an application for title document (with status) as a receipt to customers and have the ability to reprint.

172) The system must provide the ability to process applications for title services (e.g. new titles, transfers and cancellations) individually and through a batch process.

173) The system must issue a unique title number when the application is processed.

174) The system must warn and instruct operator that additional title documentation will be required to complete the transaction.

175) The system must be able to place a title application in an issued, pending or rejected status based on business rules and notify operator specific reason for rejections.

176) The system must maintain and track a title and title application status (e.g., Active, Assigned, Canceled, Duplicate, Surrendered, Stop Bond, Withdrawn, Revoked).

177) The system must recognize and validate the VIN check digit against the fuel type, and must support the loading of the proper fuel type based on VIN.

178) The system must interface with a third-party VIN validation service to validate the VIN and populate vehicle fields on a new title application and must highlight an invalid VIN to the operator during application entry.

179) The system must support the use of state and federal sources for vehicle compliance information (e.g. NMVTIS, USDOT and NCIC), and must allow secured inquiry access to the VIN pointer, brand, and MCO files.

180) The system must be able to capture whether a VIN/HIN inspection has been completed, with date, inspector, agency and location.

181) The system should support and identify VIN discrepancies, and allow for corrections.

182) The system should be capable of creating an odometer flag if the mileage looks excessive or the Odometer code has changed.

183) The system should support a title and Registration Fraud Detection system or

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techniques.

184) The system should provide the ability to perform compliance checks based on vehicle identifiers, e.g. if emissions checks are current, insurance is in effect, or the vehicle is not stolen and the registration is not suspended for some reason.

185) The system must interface (via secure communication) with insurance companies to receive any and all insurance information needed to identify a vehicle’s insured status at a minimum for vehicles weighing under 26,000 lbs.

186) The system must be able to accept electronically third-party reports relating to change of vehicle value, and notification of total loss.

187) The system must associate vehicle ownership to one or more customer records. The type of vehicle ownership, including unlimited multiple owners, must be accommodated.

188) The system must be able to differentiate vehicles by sales tax exempt status and use that information when assessing charges.

189) The system must provide the ability to get vehicle valuation data, for application of the motor vehicle excise tax, from one or more external sources.

190) The system must be able to process and track transactions for both electronic and paper titles.

191) The system must provide the ability to support multiple titles and registrations for a vehicle (e.g. amphibious vehicles will be titled and registered for both land and water usage).

192) The system must capture and retain title status, including but not limited to canceled, salvage, rebuilt, and nonrepairable or abandoned status, on a vehicle record.

193) The system must require an operator capture additional or less information based on the title status (e.g. new, a canceled, junked, declared salvage, or abandoned).

194) The system must allow the registered or legal owner(s) of a vehicle the option of titling without applying for registration.

195) The system must provide the ability to capture seller information (including dealers and private sellers and including multiple dealer assignments) as well as date of purchase, purchase price, trade-in amount, etc.

196) The system must capture and record on the vehicle record the origin of the title application (e.g., NM dealer, financial institution, or field office).

197) The system must display any and all apparent duplicate vehicle and customer records and information about those duplicates.

198) The system must capture the document’s inventory control number when issuing a title.

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199) The system must provide the ability to suspend a transaction based on business rules.

200) The system should provide an alert in response to any attempt to perform a transaction on a stopped (suspended) title.

201) The system must notify an operator if a vehicle has a special handling status (canceled, junked, declared salvage, or abandoned) on a vehicle record.

202) The system must provide the ability to issue replacement Vehicle Identification Numbers.

203) The system should provide for bonded titles, (e.g., record the receipt of the bond, bond amounts, name of surety, name of the principle) and titles that are subsequently issued, etc.

204) The system should maintain brand history associated with the title including brand and state.

205) The system must facilitate the capture of brand information as a part of the vehicle record.

206) The system must be able to print a title, including but not limited to first-time and duplicate titles and reprints, on demand at authorized locations and in batch mode, including issuance from a central location.

207) The system must allow the option of issuing a paper title or maintaining an electronic title.

208) The system must provide the ability to capture/display multiple VINs or HINs and designate each as primary or secondary.

209) The system must track all fuel types.

210) The system should support error detection functionality including the vehicle class being coordinated to body type.

211) The system must provide the ability for an MVD agent or a fleet owner to create a fleet or to add or remove a vehicle from a fleet.

212) The system should allow an operator to add, de-activate and modify title transaction types by an authorized user with the proper system security role.

213) The system must provide the ability to require user defined mandatory information by vehicle type in order to create or update a vehicle record.

214) The system should support the transmission of an e-title to a lien holder through an established and standardized information exchange.

215) The system should be able to retrieve the pending transaction, when a change is requested to a title or registration application that has been submitted to headquarters.

216) The system should capture and provide inquiry capability for title stops by the

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stop requestor’s name or partial name, and the stop requestor’s customer ID.

10. Vehicle – Transfer or Change M D

217) The system must allow the seller to enter on-line all vehicle and sale information required for the transfer of a title from one NM customer to another.

218) The system must capture all required title transaction information.

219) The system should be able to change the status of single or multiple titles from paper to electronic upon receipt of an electronic notification from the lien holder, and should send a confirmation to the service provider upon conversion.

220) The system must be able to record a salvage brand on a vehicle record with user comments, User ID, and name of insurance company submitting the salvage brand.

221) The system must have the capability to maintain all title histories, including any current and all previous brands (e.g., salvage).

222) The system must be able to record the receipt and details of a Release of Financial Liability associated with a vehicle.

223) The System must allow an authorized user with the proper system security role to enter, revise or update current or pending title or registration records and transactions.

224) The system should prioritize and expedite title work using a work flow process. 225) The system must be able to accept corrections to prior title information when

creating the application.

226) The system must facilitate the changing of the customer name information when printing new title documents. Customer name changes will be performed in customer maintenance with the name change available for printing on the new title.

227) The system should be able to update the title status to canceled when a vehicle is titled in a new state (another jurisdiction). In addition, the system should log the new state where the vehicle has been titled.

228) The system should track iterations of duplicate titles (such as duplicate number one, duplicate number two, and so on).

229) The system must have the ability to issue a ‘corrected’ title (e.g., correct lien information, correct erroneous title information).

11. Vehicle – Liens M D

230) The system must record a lien release for a vehicle using the unique lien identifier.

231) The system must allow a secondary lien to be promoted to primary when the

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primary lien is removed or released.

232) The system should be able to notify the owner and any lien holders, when a request for lien sale is received from vehicle repossession action.

233) The system must be able to record a new lien¸release, add a lien, remove or edit an existing lien, record the date a lien was satisfied, and change the mail-to address for the title.

234) The system must be able to match lien holder information against known lien holders when entering a lien holder onto a vehicle record.

235) The system must be able to accept and record information for more than one lien holder on a vehicle record.

236) The system should be able to record and process a request for a lien holder title when it is received for a vehicle that is titled out of state.

237) The system must provide inquiry capability for lienholder information on the customer record by Lienholder Name, Lienholder ID, and Lienholder Address.

238) The system should provide processes to support lien types (such as tax, tow, storage and mechanics liens) other than those for financial Institutions and to validate compliance per a configurable checklist driven by related statutes.

239) The system must compare title transactions with lienholder against lien holders tables. If there is a match on the lienholder customer, the title transaction will be associated.

240) The system should provide the ability for pre-approved lien holders to add a lien, do electronic lien extensions, transmit lien releases, and view liens with regard to financial institution and tax liens

12. Vehicle – Registration M D

241) The system must support the registration and renewal of boats and vessels, in addition to motor vehicles, including their renewal via alternative and virtual channels.

242) The system should provide the ability to route virtual channel renewals to a centralized location for printing and mailing the stickers and registration receipt.

243) The system must provide the ability to process title and registration applications, including new, temporary, vehicle transfers, renewals, plate transfers and class transfers.

244) The system must be able to create, edit and store multiple physical and mailing addresses for vehicle and vessel registration and be able to indicate the type of address for each address.

245) The system must minimize the amount of information (number of required steps) to be captured at renewal time for a registration, credential or permit.

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246) The system must process batch registration applications and renewals, including the recognition and reconciliation of duplicate batches.

247) The system should have the ability to include custom and compliance messages on a print or electronic-format registration renewal notice.

248) The system must be able to support or create customizable renewal notifications in print and electronic media, with customization based on and including, but not limited to:

• a barcode identifying the vehicle and registrant • messages that are specific or unique to the registrant’s ZIP code and or

field office and registration type • verification and validation of specific renewal data prior to printing of

group or individual renewal cards • sending renewal cards to registrants eligible for renewal per eligibility

qualification rules • reprinting of a renewal card or the display of the same information on

request

249) The system must support the issuance of month and year stickers for motor vehicles and must provide the ability to issue and print a new or replacement registration with decal/sticker. The sticker number must be unique and related to the plate number.

250) The system must be able to print registrations with expired or blank decals.

251) The system must provide the ability to set registration and plate expiration periods by class/sub-class.

252) The system must provide the ability to track the status of the temporary and permanent registrations.

253) The system must provide the ability to register a vehicle without titling in the state of NM, e.g. a leased vehicle registered in New Mexico but titled in the state of the leasing entity.

254) The system must be able to process registrations associated with special eligibility programs (e.g., veteran, handicap and special interest programs).

255) The system must be able to support registration cancellations and reinstatement.

256) The system should be able to automatically set and update registration class/subclass based on information provided about the vehicle usage and body type.

257) The system must be able to calculate the appropriate fee adjustment, based on business rules developed by the Agency, when a customer transfers registration from one vehicle to another vehicle per Section 66-3-104 NMSA 1978.

258) The system must calculate and include the transfer fees, when a transfer of a

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registration is processed.

13. Vehicle – Plates, Tags and Permits M D

259) The system must provide the ability to transfer an existing plate to another vehicle.

260) The system must support replacement of all or specific plate types based on user defined selection criteria, including boats and vessels.

261) The system must enable an operator to review and either accept or reject a personalized or sample plate request based upon security role.

262) The system must support the ability to create and track temporary tags.

263) The system must provide the ability to assign the next available plate number available in inventory and ensure that the plate is unique.

264) The system should complete the registration and electronically order any plate from the State designated production facility.

265) The system should maintain plate history, including reserving plates that are active or inactive.

266) The system must be able to accept and process, both personalized and sample plate application/requests via the state plate fulfiller.

267) The system must provide an edit to ensure the plate format is still valid when a replace plate transaction is processed.

268) The system must be able to assign a plate number and plates to a registration according to department rules, plate program and registration type.

269) The system must be able to assign a reserved plate to the registration, when a registrant reserves an eligible “dead” plate from the “dead” plate list.

270) The system should allow “dead plate” business rules to be maintained which will include availability definitions.

271) The system must provide the ability to reuse license plate numbers and maintain license plate/registration history records.

272) The system must be able to compare the requested personalized plate against a list of unacceptable words and phrases.

273) The system must allow for the automatic deletion of personalized plate request that have been on hold for business rule defined period of time.

274) The system should have the ability to track dealer issued plates through the title and registration system, track the number of plates the dealer qualifies for, and track by name and plate number. This should be handled through the internal consumables inventory function.

275) The system must enable operator to review requests for sample plate, when a registration application is received for sample plates.

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276) The system should provide the ability to generate plate and decal reports. These reports will include, but not be limited to, plates/decals issued by branch by month, plates issued by plate type across one or more branches – Not required if the MVD moves to printing the tab number on the decal.

277) The system must allow for configurable number of characters per plate.

278) The system must be able to assign two or more active plates to a vehicle registration.

279) The system should allow the customer to choose the characters on any plate background to preview the finished product before applying.

280) The system must support eligibility requirements by plate backgrounds.

281) The system should be able to notify the applicant electronically and/or by the creation of a rejection letter, when a request for personalized plates is rejected.

282) The system should be able to create mailing labels, for plates ordered, and for motorcycle plates ordered.

283) The system must capture all information from a New Mexico endorsement (e.g. Hazmat) application.

14. Financials – Fees and Taxes M D

284) The system must provide for a System Administrator role which will be able to add, delete and modify the table of possible MVD transactions, with each transaction having an associated fee ($0 to $xxx) to be charged to the customer. For example: Reissued Drivers License, No Fee; New Drive License, etc.

285) The system must be able maintain a running receivable or payable customer balance, process customer refunds, and interface with SHARE to initiate refund warrants.

286) The system must maintain a table of fees for Hazardous Waste transactions and based on customer selection(s), and list those fees individually on the printed invoice.

287) The system should give non-technical (MVD business-side) users the ability to modify fees and fee calculations using a business rules engine or equivalent functionality.

288) The system must calculate the fees and taxes due, depending on the service or product transaction type, service delivered, and tax, etc., including fees for vehicle registrations based on vehicle type, excise tax, local option tax, registration transfer fees, etc. The system must also calculate and display fees per weight group based on weight, number of months and apportion percentage.

289) The system must be able to maintain financial tables which must provide business rules for fines, default values and penalties for each transaction type.

290) The system must be able to calculate and categorize all fees payable by the

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customer and produce receipts as required.

291) The system must be able to automatically calculate the fees for vehicle registrations based on rules for each vehicle type.

292) The system must be able to compute excise tax when a vehicle title or registration application is processed.

293) The system should be able to compute local option tax when a vehicle title or registration application is submitted.

294) The system must calculate the transfer fee for a registration that is transferred from one owner to another for single or multiple transfers (double transfers).

295) The system must maintain a table of fees exemptions for county, state, and federal agency.

296) The system must be capable of automatically calculating amount due, credits, and refunds on any customer or vehicle transaction.

297) The system must be able to capture the payment of all special fees associated with MVD transactions.

298) The system should charge and track, separately from TRD collections, the collection of service premiums by MVD’s partners, including PRAs, County-Municipal Offices, TSCs and others.

299) The system must allow operator with appropriate role and access to waive fees, but maintain transaction counts per established rules tables.

300) The system must provide users with a table-driven list of reasons/classifications to justify overriding a fee assessment.

301) The system must allow users to input a custom reason/classification to justify overriding a fee assessment.

302) The system must calculate the fees and taxes due, depending on the service or product transaction type, service delivered, vehicle class/sub-codes, and excise tax (for original registration only), etc.

303) The system must provide the ability for the sale of non-standard items as a point of sale menu option.

304) The system must be able to identify when a transaction is performed in a field office and apply additional fees based on either % or fixed amount when this occurs, with an effective date for the necessary legislation.

305) The system must be able to identify when a transaction is performed online and apply discounts based on either % or fixed amount, all or portions of existing fees, with an effective date for the rule.

306) The system must accept adjustments to the transaction level fees that print on the invoice. Adjustment codes and descriptions must be table-driven and updatable by authorized users.

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307) The system must have the ability to assess fines and penalties on customer or vehicle transactions and partner accounts that are NSF as stated by NM code and allow for suspension of services as needed.

308) The system must allow authorized partners access to flag a customer transaction as NSF.

309) The system must not override fees for the same transactions if multiple payments are submitted.

310) The system must not allow a transaction to proceed if the same transaction has already been updated. Example, customer sent in by mail and is now completing at office.

311) The system must allow an operator with appropriate role and access to void a transaction and any applicable fees.

15. Financials – Payments M D

312) The system must be able to accept and post payments including at a minimum but not limited to, the following payments from the following channels: • MVD State and all partner offices through direct deposit or EFT payments,

which requires interface with designated financial agent for posting payments to all accounts

• Cash, Paper Checks, electronic checks, and credit cards • In the Partner office, the local POS will be used to collect the payment from

the customer. • Interactive Voice Response (IVR) system • Payments to MVD must be capable of being automatically withdrawn from

the partner account daily, weekly, monthly, quarterly, or annually. ACH must be available for these auto withdrawals from the partner account.

• Virtual Transactions must be able to accept (MVD web portal, mobile apps, kiosks) electronic check and credit card.

• Depending on the kiosk capabilities, the system must be able to accept paper check, electronic check, cash, and credit cards.

• USPS receipt of payments • ICL electronic deposit of paper checks images from the current OPEX

equipment and the EMC and Tangent software • manual deposit of any checks ineligible for electronic deposit, or cash

received via USPS • In this case, the system must provide data entry capabilities, and processing

capabilities to match the incoming payment with the associated transaction. • Paper checks processed through designated source (currently Wausau

equipment) and update all records from data collected.

313) The system must allow for receipt of funds from MVD sales in designated

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locations including but not limited to field offices, Vendors, Ports of Entry, Dealer Operations, and MVD Headquarter personnel.

314) The system must capture payment confirmation information, including: Amount, Date and Tender Type (e.g., Cash, Check, Credit Card) and associate each transaction with the Operator ID.

315) The system must have a process to detect duplicate transactions and payments.

316) The system must maintain a table of acceptable payment types by field office.

317) The system must provide the ability to perform payment verification for checks, debit, credit and cash cards.

318) The system must have the ability to interface with State Price Agreement vendors for credit card payment services. Currently, services are designed to interface with OPAY (Official Payments).

319) The system must have the ability to interface with check verification services to ensure that funds are good and there is not a history of bad checks written on the bank account.

320) The system must be able to perform an automated withdrawal of funds from the partner or commercial account of the customer at regular intervals, including but not limited to: daily, weekly, monthly, quarterly, semi-annually, or annually. And be able to associate that automated withdrawal with individual transactions performed at the partner or other MVD-external location.

321) The system must be able to receive an EFT payment from partner or commercial account of customer at regular intervals, including but not limited to: daily, weekly, monthly, quarterly, semi-annually, or annually. And the system must be able to associate that automated payment with individual transactions performed at the partner or other MVD-external location.

322) The system must support the electronic fund posting at time of transaction from non state agents e.g., dealer creates transactions, receives total for all transactions and must submit payment immediately before transactions will transmit.

323) The system must support the automated posting directly to accounts, including bank interface for direct deposit accounts.

324) The system must support the reconciliation of all tender types in the cash drawer to the transactions completed.

325) The system must produce a single invoice for all transaction performed during a customer interaction.

326) The system must produce a transaction and payment receipt for all fees paid for services delivered.

327) The point-of-sale system must auto-endorse checks received from customers.

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328) The system must be capable of recording a cash receipt number when fees are paid for any transaction.

329) The system must provide that the cash transaction will include reference information identifying the appropriate identification of documents used in the transaction (e.g., citation number, receipt number).

330) The system must post financial entries for collected payments and allow for multiple tender types per payment transaction and multiple service transactions per payment transaction, including electronic transfer of funds through, e-check, ACH and credit card.

331) The system must support the cash drawer reconciliation process and the preparation of a combined office deposit.

332) The system must allow fee collection by table driven set of payment types (e.g., credit card, debit card, cash, check, e-check).

333) The system must itemize using time input parameters (daily/weekly) on all cash received and deposited for revenue operations operator.

334) The system must be able to calculate and categorize all fees payable by the customer and produce receipts as required.

335) The system must be able to tally a running total of fees for the operator when the operator is entering more than one application from the same customer.

336) The system must generate automated collection letters (dunning) for NSF checks, permits billed on account, etc

337) The system must be able to support the capture of payment of any supplement following pre-set business rules.

338) The system must allow text to print on the invoice that can be modified by the user.

339) The system must be able to provide a history of all payments relating to a specific customer, vehicle, transaction, etc.

340) The system must be able to provide a report of inaccurate payments received by user defined search criteria including, but not limited to, office, customer, etc.

341) The system must have the option to reverse a customer record, and generate an appropriate audit trail, including clerk and optional comments, when a transaction is reversed due to error, refund, non-payment or incomplete payment.

342) The system must reverse all actions simultaneously from transaction report, customer record, payment (AR) when a transaction has been reversed or voided.

343) The system must remove transaction counts/payments from distributions when a customer record has been reversed or voided due to error, refund, non-payment or incomplete payment.

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344) The system must include a self-contained accounts receivable function to run the statements for a defined period of time. The accounts receivable function must: • produce periodic customer billings/ statements based on configurable

parameters electronically or by US mail; • allow partners and individual customers to maintain positive or negative

balances on their customer accounts; • allow an operator to charge or credit a partner or individual customer account

based on predetermined reason codes and security access; • automatically notify operator of stops for charges on a partner or individual

account; • allow monthly billing accounts for certain customer payments; • allow customers with fleet vehicles to maintain positive balances on a

customer account; • allow customers with fleet vehicles to be billed monthly; • send notification to customers with negative balances in their customer

account after a configurable number of days and based on configurable parameters; and be capable of automatically calculating amount due, credits, and refunds on any customer or vehicle transaction.

345) The system must allow a partner account to be charged or credited through the integrated financial database, and must track all fees paid by a partner or a partner’s individual employees or agents.

346) The system must provide the ability to print a receipt for all transactions.

347) The system must track and post all royalty and cost recovery fees through an automated process to general ledger accounts as assigned upon receipt.

16. Financials – USPS Payments/Mail-In Office M D

348) The system must be able to receive, record and track data from whatever remittance equipment used to deposit, endorse and encode MVD checks and to upload client payment data. Currently, this equipment is OPEX AS7200i, with an attached Model 72 extractor, using EMC Captiva and Tangent software for image and payment processing for all payment types.

349) The system must provide a method to process payment transactions in two ways, until all remittance documents are converted to OCR readable formats or electronic transactions: • Automated processing of the payment and image from the current OPEX or

other processing equipment, followed by manual entry of data that matches the payment with the transaction and customer. This case usually involves handwritten forms that cannot be reliably interpreted into text.

• Automated processing of the payment, with extraction of machine readable data supplied with a coupon or other printed format, then translation of the

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machine read data into a data that is then transferred to the main MVD system.

350) For all payments that are received via the process above, a method must be provided in the MVD system to later match the payment, which has been electronically deposited via a parallel process, with the customer and transaction.

351) The system must distribute the correspondence for action to work queues for each MVD employee.

352) The system must provide the ability to receive payment for MVD services via the mail.

353) The system must be able to receive data from remittance equipment used to deposit, endorse and encode MVD checks as well as uploading client payment data from designated source (current equipment is operated by Wausau Financial Systems software).

354) The system must be able to receive data from imaging equipment as designated (current sources either IBML or Kodak software depending on which piece of equipment).

17. Financials – Reconciliations/Corrections M D

355) The system must support the reconciliation of an aggregated view of recorded service transactions, counts and fees collected from all sources and recorded at all points of sale.

356) The system must support the daily/monthly reconciliation of recorded service transactions with bank deposits and credit/debit card settlements.

357) The system must produce a report that shows the reconciliation of revenues collected to transaction counts over a defined period of time. E.g., daily, weekly, monthly, yearly, etc.

358) The system must support the creation of revenue adjustments for financial, bank, and system transactions at the customer and summary.

359) The system must support the reclassification of funds and the creation of necessary revenue accounting entries to credit revenue accounts and debit liability accounts in order to maintain a correct customer account balance.

360) The system must maintain an audit trail of adjustments, including but not limited to, agent ID, reason for adjustment, and approval thresholds.

361) The system must have the ability to automatically make correcting entries if non-sufficient funds are received.

362) The system must support electronic/online reconciliation of accounts by all appropriate offices/agents.

363) The system must support the reconciliation of the aggregated MVD-wide view of recorded service transaction counts with the fees collected from all sources

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and recorded at all MVD “points of sale.”

364) The system must support the daily/monthly reconciliation of MVD recorded service transactions with bank deposits and credit/debit card settlements.

365) The system must have table- or rules-driven list of reasons/ classifications for issuing a refund.

366) The system should interface with OPAY or other designated merchant services provider to generate reversal documentation for duplicate payments and assist in reconciliation.

367) The system must be able to produce ad hoc reports on demand for refunds and electronic payment reversals issued by transaction type, customer, amount, location, or payment type over a given period of time.

368) The system must have the ability to reconcile accounts at various levels including but not limited to: Field office level, PMU level, Financial level.

369) Field Office level: The system must have the automated reconciliation of agent drawer to cash, checks, credit cards, e-checks etc.

370) The system must account for beginning cash, payments received throughout the day less beginning cash and amount to be deposited after all considerations eg. E-checks, credit cards, etc. leaving only cash and required paper checks for deposit.

371) The system must be able to reconcile payments to transactions.

372) For PMU level: System must be able to post all payments to partner and individual accounts automatically.

373) System must reconcile transactions to all payment types.

374) System must be able to track and log all delinquent or partial payments to allow PMU to collect timely all amounts due.

375) For Financial level: The system must be able to track and log all distribution of funds by transaction at the time of transaction.

376) The system must be able to provide distribution of funds in real time for daily, weekly, monthly, semi-annually and annually by location, by transaction type, by recipient of the distribution.

18. Financials – Refunds M D

377) The system must utilize work flow approval process when initiating refunds; track refund status (initiated, approved, outstanding, cancelled, staledated, etc); interface with SHARE vendor payment processes to create refunds and receive banking details; and record warrant numbers.

378) The system must allow refund transactions processed at MVD Headquarters from the MVD system to the state accounting system to automatically create refund documents.

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379) The system must maintain table overpayment tolerances for refund processing, i.e. must require additional approvals for refund amounts over a specific tolerance level.

380) The MVD system must be able to log, track, inquire and report on refunds, and the status of refunds by reason codes, customer, amount, processor ID, requestor ID, etc.

381) The system must provide the ability to reject refund requests and generate a notification letter.

19. Financials – Distribution M D

382) The system must be able to compute monthly distribution amounts based on types of transactions, fixed fees and transaction counts, and allocating the remainder pool based on annual registration, property tax valuation, and mileage tables.

383) The system must be able to account for citation receipts based on the originating county. This information will be used for distribution purposes and external reporting.

384) The system must maintain a configurable distributions rate table and algorithm that will associate moneys and transaction counts received with distribution of funds to other agencies or all appropriate groups/entities. This must incorporate enactment and sunset dates.

385) The system must create and utilize certified annualized tables for registration counts (and other key data) by county, transactions by office, and upload external tables for Certified Property Tax Valuations and Certified State Mileage by county for the monthly distribution process.

386) Fee agents must have a separate field in their record to indicate whether or not they qualify to receive the “extra dollar” distribution for having completed over 10,000 transactions in the previous calendar year.

387) Distribution logic, including funds, beneficiaries, General Ledger accounts and formulas/percentages must be table driven and administered by TRD. The system must also support manual, supplementary distributions that allow flexibility to correct for rule changes, errors, etc.

388) The system must be able to generate reports on receipts and distributions, including reports by distribution recipient.

389) The system shall be able to record funds generated for all groups by plate and registration renewal (e.g., college, veterans, environmental).

390) The system shall track the organizational plates issued, process collections of fees and automatically distribute funds to proper accounts.

391) The system must support interfaces to all appropriate agencies, entities and accounts for the purpose of revenue distributions. Established in-bound applications include sources from credit card vendor, EFT payment processing,

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SAMBA, OPAY, etc. Out-bound interfaces include DFA/SHARE processes for vendor/beneficiary payment. This requirement includes being able to handle variable external sources of revenue gathered through other means, e.g. IRP revenue from GenTax or the 5% online discount repayment (Section 66-6-13E NMSA 1978).

392) The MVD system should post financial entries for collected payments and allow for multiple tender types and multiple service transactions per payment transaction (cash, credit card, ACH, etc.).

393) The system must employ a general ledger/double entry accounting system to allow for accurate accounts receivable, tracking debits and credits. Partial payments, NSF’s/bad checks, and associated fees would all flow through this system. Accounts payable functionality would also be required as part of the general ledger system. The accounting system must interface with the State’s designated financial system (currently SHARE).

20. Financials – Inventory Management M D

394) The system should have the ability to track MVD on-site inventory items by location and by agent/employee.

395) The system should have the ability to interface with inventory tracking software (currently IntelliTrack) and notification/issues software (currently HelpStar) for equipment and consumables.

396) The system must provide inventory management by office for : • Forms/stickers • Software • Hardware • Equipment • License Plates • Third Party Inventory

397) The system must be able to interface with HelpStar 2012 or above to send a help ticket for any office and any piece of inventory to the proper queue for service.

21. Financials – Financial Management/Reporting/Printing M D

398) The system must comply with all statutory and DFA/Board of Finance requirements that apply to financial transactions of New Mexico state agencies.

399) The system must summarize and report on transactions with waived fees.

400) The system must support electronic/online reconciliation of accounts by all appropriate offices/agents.

401) The system must capture financial transactions for MVD services from POS.

402) The system must produce a report that shows the reconciliation of revenues collected to transaction counts over a defined period of time. E.g., daily,

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weekly, monthly, yearly, etc.

403) Once a time period has been closed, it must be locked so that subsequent adjustments do not alter a prior period’s report.

404) The system must itemize using time input parameters (daily/weekly) on all cash received and deposited for revenue operations operator.

405) The system must provide reconciliation reports that are generated to indicate the data was received from other systems that transmitted information. These reports may be related to deposits, revenue distribution, or just client data.

406) The system must provide transaction summary reports for batch entered work.

407) The system must be able to provide transaction and revenue reports by user defined search criteria including, but not limited to, cash drawer, location, transaction and tender type.

408) The system must have the ability to generate a consolidated master report over a defined time period payments received listing forms of payment including check, cash, credit and debit card payments etc. This transaction report will show the breakdown by register or location and transaction type details.

409) The system must be able to tally a running total of fees for the operator when the operator is entering more than one application from the same customer.

410) The system must have the ability to count a transaction even though a fee was waived in order to facilitate profitability analysis and to compute distributions. E. g. Counting a waived drivers license reinstatement fee in the transaction count even though MVD did not collect a fee.

411) The system must support user-configurable rules for defining a completed transaction for financial reporting and distribution purposes.

412) The system must automatically generate notifications for customers who are late in paying recurring transactions for business customers (e.g., payment plans, permit renewals, registration renewals).

413) The system must have the ability to produce an insufficient payment notification letter for services rendered that have been paid with non-sufficient funds.

414) The system must be able to print forms of billings that are not the invoice and have a print preview feature.

415) The system must ensure that the transaction posted is tied to the revenue associated with the transaction and must be posted in the customer transaction database and the financial accounting system.

22. Dealer Management – Dealer Profile/Account M D

416) The system should support a Dealer Record and profile, including dealer access. 417) The system should support dealer location information, including dealer access.

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418) The system should support dealer Salesperson, including dealer access. 419) The system should support off Site permits, including dealer access. 420) The system should support dealer complaints controlled by MVD but viewable

by dealers.

421) The system should support customer rating surveys, including dealer access. 422) The system should support public access to information about dealers

information, including access to information about bonds and dealer customer ratings.

423) The system should support Bonding Companies with access to the dealer portal, including the ability to update bonding information.

424) The system must provide the ability to assign and track unique dealership, Auto-Recycler, and TSC numbers.

425) The system must provide the ability to record multiple owners, corporations, LLC, and LLP on dealer license records.

426) The system must provide the ability to track dealer franchises of vehicles and vessels by manufacturer, make and model and the associated NCIC, or other MVD defined codes.

427) If dealers have specific accounts to complete their own transactions on their own computers, they should be able to scan their documents and their checks into the system for authorization and approval before the transaction was allowed to be completed.

23. Dealer Management – Dealer Licensing M D

428) The system must accept and process payment for the electronic submission and/or intake of a customer-completed application for new, renewal, reinstatement or voluntary surrender of a license, including but not limited to the following types of companies: • Dealer • Auto Recycler • Title Service Company

429) The system must allow for the electronic submission and/or intake of a customer-completed request for a name change, change of ownership or primary/ supplemental location(s) including, but not limited to the following types of companies: • Dealer • Auto Recycler • Title Service Company

430) The system must allow for the electronic submission and/or intake of a customer-completed request for Temporary Registration Permits (TRP) and

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Dealer Demo Plates., including, but not limited to the following types of companies: • Dealer

431) The system must allow for the electronic submission and/or intake of a auto recycler customer-completed Dismantler Report of vehicles dismantled or crushed.

432) The system must provide the ability for a Dealer to apply for an off-site sale.

433) The off-site sale application function should include a drop-down menu showing the licensed dealerships in each county, or other functionality facilitating dealer compliance with the statutory requirement (Section 66-4-2.2(A)(1) NMSA 1978) that dealers applying for an off-site sale permit document the fact that they have offered a majority of dealers in the county the opportunity to participate in the off-site sale.

434) The system should support Web portal access for dealers and citizens to dealer information such as license status, bond information, and consumer ratings.

435) The system should support dealer plates information, including dealer access and providing for bonding information.

436) The system should support dealer bond claims summary. 437) Dealers should get an automatic renewal notice via email and should be able to

update all their current information online.

438) The system must provide capability to add comments to dealer license record, i.e., Progress of application or any additional documentation needed.

439) The system should maintain application information on dealer personnel. 440) The system must allow the operator to produce and reprint a dealer license.

441) The system must allow for verification and recording of social security numbers of all dealer owners and their salespersons.

442) The system must retrieve all personal information from the Driver license system for auto-fill on dealer owner or salesperson records.

443) The system should support Dismantler forms records. 444) The system should support EPA approval records. 445) The system should support bonds and related records. 446) The system should support tracking PRC standing and related information. 447) The system should support tracking dealer/auto recycler/title company tax

records.

448) The system should support self-renewal by dealers, auto recycler and title service companies throughout the year, to include on-line payments and electronic submission of supporting documentation, such as bond receipts, fire

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marshal inspections and business licenses.

449) The system must have the ability to Reinstate License through administrative actions and hearings.

450) The system must allow all pertinent fields to print on the Dealer License.

24. Dealer Management – Education M D

451) The system should support VIN Inspector Education records, including dealer access.

452) The system should support Dealer Education records, including dealer access. 453) The system should provide database of approved instructors of dealer

education.

454) The system must incorporate testing requirements for dealer licensing with testing dates/results, including mandatory continuing education units.

455) The system should provide database of authorized dealer/owners or corporate substitutes that are required to attend dealer education and track dealer education credits and test requirements.

25. Dealer Management – Investigations/Hearings M D

456) The system must allow for the electronic submission of a customer (including bond surety company or data review)-completed complaint/notification regarding dealer, auto recycler or title service company licensee non-compliance.

457) The system must allow for the electronic entry and processing of a complaint/notification of dealer, auto recycler or title service company licensee non-compliance.

458) The system must provide for a robust field-deployable solution for real time on-site investigations, essential information capture, and unique receipt information (to be left with customer/investigation subject).

459) The system must provide capability to record and track complaints, bond claims, disciplinary actions, and citations against dealers, owners, or salespersons.

460) The system must provide ability to record and track administrative hearings, suspensions and revocations, fees and expenses.

461) The system should provide capability of scheduling and tracking the status of Dealer, Auto Recycler and Title Service Company administrative hearings.

462) The system must provide the ability to enter and process information from the dismantler forms and to provide such information to NMVTIS, so that the vehicle’s title is permanently “killed” in both the Agency’s system and NMVTIS.

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463) The system should track outstanding amounts due to the Partner Management Unit.

464) The system should report all outstanding transactions performed by a specified dealer.

465) The System should create reports on suspended dealers based upon different time parameters and historical data in perpetuity.

466) The system must provide ability to create and record notification letters for administrative hearings.

467) The system should support dealer investigations. 468) The system should support dealer hearing by the Bureau Chief & Investigations. 469) The system should support enforcement actions by the Bureau Chief &

Investigations.

26. Dealer Management – VIN Inspections M D

470) The system should have the capability to upgrade to a possible future online VIN inspection system, with the inspection recorded entirely on computer or tablet.

471) The system should have the ability to generate and maintain a record of VIN inspector credential cancellation notifications.

472) The system should have the ability to track certified VIN inspectors and associate them with their specific sponsor.

473) The system should have the ability to track bond information for certified VIN inspectors.

474) The system should have the ability to automatically generate notifications for upcoming VIN inspector renewals.

475) The system should support maintenance of VIN Inspector records, including dealer access and providing for bonding information.

27. Dealer Management – Standard Vehicle Functions for Dealers M D

476) The system should support Temporary Permits records, including dealer access. 477) The system should support tracking title and registration information associated

with each dealer/auto recycler/title service company.

478) The system should enable connectivity to third-party title and registration vendors.

479) The system should enable connectivity to law enforcement contemporary crime information systems.

480) The system should support tracking Credit Card Payment (i.e., PayPal).

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481) The system must have to ability to update vehicle records according to information entered by dismantler forms.

482) The system should provide the ability to determine the number of qualified sales by a licensed dealer by month throughout the dealer licensing year.

483) The system must maintain and track dealer inspection report information in an electronic folder including (Plates, Dealer plate logs, 30 day temporaries, Dealer ID, Sales person ID, and Liability insurance) based on investigation conducted by motor vehicle investigators.

484) The system must provide the capability for dealers to submit title and registration electronically for processing on new and used vehicles.

485) The system must allow issuance of a temporary plate printed on cardstock on demand with a 30 day limit per VIN. For 30 days only unless authorized by the DLB.

486) The system must provide an accounting for revenues.

487) The system must provide an accounting for the deposit of revenues received.

488) The system should allow Dealers, Auto Recyclers and Title Service Companies to order their supplies on-line.

489) The system must prevent secure forms from being issued from inventory to a dealer when the status is canceled or suspended or wholesale dealers. Once a dealer license is suspended, the dealer should have no further access to the system.

490) The system must include automated account withdrawal for transactions when Dealer sells Temp Tags and/or performs TSC functions.

491) The system must incorporate Dealer profiles into Customer Profile functionality

492) The system must allow a dealer account to be charged or credited by dealer operations through the integrated financial database. The system must notify user of stops for charges on dealer account automatically and track all fees paid by dealer or salesperson.

493) The system must automatically send a notification to a dealer customer if their account balance becomes negative.

494) The system must allow an operator to charge or credit a dealer customer account.

495) The system must notify operator of stops for charges on dealer account automatically.

496) The system must allow dealer customers to maintain positive or negative balances on a customer account.

497) The system must provide the capability to update, track and monitor all dealer license activity, license information, temporary license application for off-site

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sales, printing of licenses and plates & cancellations of licenses.

498) The system must provide the ability to image and link documents to the title application form.

499) The system must provide adding/updating/changing tables for NCIC numbers for vehicle manufacturers. There is a need to see a consistent, secure, and auditable process in the new system.

500) The system must maintain a history of the Dealer Activity.

28. Dealer Management – Dealer Plates M D

501) The system must provide the ability to distribute dealer plates according to past qualified year’s sales (e.g., one (1) dealer plate is provided to a dealer who sold between 5 and 50 vehicles in the previous year) in accordance with the statutory requirements of Sec. 66-3-402 NMSA 1978.

502) The system should provide ability to update plate status to lost, stolen, expired and return plate history to previous status, when dealer action is updated and automatically cancel dealer plate when license expires revoked, or the business is closed.

503) The system must track requested temp and demo plates ordered by the dealer and record appropriate fees retain records of such on the vehicle record.

504) The system should track requests from Supply Services and when temp and demo plates are issued.

505) The system should generate a registration certificate for each temp or demo plate matching the dealer license expiration.

506) The system must update dealer, temp and demo plate status to suspend or cancel or change the termination date on demo tags when the dealer license is no longer valid.

29. Dealer Management – Notices/Correspondence M D

507) The system should support Automated Notifications, configurable by MVD. 508) The system should support rules based alert notifications (e.g., Bond Expiration,

Hearings).

509) The system should automatically generate postcard notifications for full time, part time salespersons or owner/dealer. When application is complete and they are required to go to their local county sheriff’s office for their picture identification card.

510) The system must Track and associate notices and communications to dealer entity record.

511) The system should provide the ability to issue and record dealer, manufacturer, distributor, or salesperson correspondence letters.

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30. The Office M D

512) For those desirables in this section 30, The Office, that can be accomplished with Qmatic software, the Offeror’s solution should either interface with the Agency’s existing Qmatic software at time of development (currently Qwin; Orchestra implementation is pending) or provide similar functionality in the Offeror’s proposed system solution.

513) The system should provide the ability to make an appointment online for any MVD transaction. This feature should include but not be limited to: driver transactions, vehicle transactions, vision, knowledge test, skills test, and VIN inspection.

514) The system should provide the customer or field agent with the ability to access their schedule online.

515) The system should support or have a scheduling component for all operations. 516) The system should provide information to customers on nearby FO wait times

while either making an appointment or checking wait times online or via a mobile app. The system should be able to suggest alternative offices, when the customer requests to see that information.

517) When the customer is attempting to make an appointment, the system should have the ability to return a prompt letting the individual know that they could complete the transaction virtually including, but not limited to online or via IVR, based on the current information in the MVD system.

518) The system should provide the ability to begin the transaction online and pay online before completing the transaction in the office.

519) The system should provide the ability to swipe the ID card, or read the barcode, to get customer into the queue in the Field Office

520) When making an appointment online or swiping the ID, or read barcode, in the office, the system should allow the customer to indicate what transaction(s) (create a shopping cart) they want to perform, and should advise customer of a) other transactions they could complete during this visit and b) documents required to complete this transaction, c) their position in which queue.

521) When making an appointment online; swiping the ID in the office and indicating which transactions the customer wants; or attempting to complete a transaction online, the system should also advise: • (Check for eligibility & requirements) Whether the transactions can actually

be accomplished at this time, or if the customer needs to take actions before attempting to complete the transaction

• If the transaction can be accomplished at this time, where does the transaction need to be performed (online or in office).

• Provide guidance on the actions customer needs to perform to be able to complete the transactions in the office or online.

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522) The system should provide the ability for a mobile greeter with a tablet to have the ability to pick up a customer coming into the office, scan their ID, or read barcode, and triage the transaction to different queues depending on the triage results, including but no limited to: • "quick queue" or express lane, • "private more complex transaction queue • normal queue • or their predetermined appointment.

523) The greeter should also be presented with a list of the necessary documents to complete the customer-desired transactions and be able to check off those received before passing the customer on to another queue.

524) The system should have the ability to automatically triage appointments or transactions of customer scanning their ID at the automated greeter station.

525) The system should provide the ability for the mobile greeter to complete the transaction on the tablet and direct any printed material to a network printer or receipt printer without the customer having to get in any line in the office.

526) The system should provide coaching to the customer via the in-office monitor display or a mobile application, during the office visit.

527) The system should provide the ability to create a "Quick MVD" office, whereby certain transactions are the only transactions performed in this office and the appointments reflect this limitation to the office service offerings.

528) The system should provide the ability to bring up a customer profile with photo for all transactions in the office, and should provide information on the monitor that allows the FO clerk to personalize the customer’s transactions and to suggest other transactions the customer could complete during the current office visit and offer additional services that might be of value to the customer.

529) The system should provide Business Select services to Dealers, Partners and other commercial entities who are frequent users, including the ability to scan in documents necessary for a transaction at the business site. This could take the form of prioritization of transactions, fast queues, special pricing.

530) The system should provide the ability to offer "premium" service for a different fee.

531) The system should provide the capability to handle "drop-off" services for Business Select clients at designated locations.

532) The system should provide an information touch screen monitor at each office that explains basic information on the most common transactions.

533) The system should provide the ability for Dealers to purchase Dealer tags at kiosks in the Field Offices, or online.

534) The system should provide the ability to provide all applicable driver and

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vehicle services via kiosks within or external to the office.

535) The system should be able to automatically generate a thank-you email blast for all applicable in-office transactions completed that day, personalize those greetings, send birthday greetings, renewal reminders, and add any marketing or office information.

536) The system should provide the ability to obtain a third-party document copy during the transaction for an additional fee.

537) The system should provide real-time reports via personalized Dashboards, based on role, for: • Staffing, personnel management • Transaction log, down to the individual transaction and clerk level • Wait times, current status of all queues by office and queue • Daily register report • Waiving of registration late fee, how many, who granted, which transactions • Employee hours\revenue • Hardware inventory in each office • Ability to issue a trouble ticket against a specific piece of

hardware/equipment/software • Ability to issue a trouble ticket against a specific transaction • Trouble ticket immediately goes to the Vendor covering the specific region –

fast correction process • Trouble ticket system\inventory includes • Transaction time by clerk

538) The system should provide the ability to evaluate the efficiency and effectiveness of any transaction end-to-end through the system. For example, record the receipt of a payment from USPS, the processing of that through the system, wait time between each step of the process, and number of transactions processed per time unit at every point in the process, and the accuracy of all personnel at each step, per employee.

539) The system should provide the ability to baseline a process, make changes, and then evaluate the effectiveness of that process change.

540) The system should provide the ability to determine and respond automatically to a customer inquiry regarding where a customer request is in the process, without MVD employee intervention.

541) The system should provide the ability for an MVD Employee to track the progress of a customer-request through the system and the current status of that request.

542) The system should be able to issue service updates for customers with existing appointments.

543) Instant messaging should be available that provides the ability for an office to send notifications to individual customers and staff.

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544) IM messages should all be recorded for potential later audit 545) The system should provide the ability for individuals with the appropriate level

of access to disseminate alert messages to a grouping of users.

31. Partner Management M D

546) The system must provide the ability to register and define the access rights of all authorized third-party service providers, including: Dealers, Private Retail Agents (PRAs), Super Title Service Companies (STSCs), and Title Service Companies (TSCs). For example, a TSC can only process vehicle transactions; A PRA can process vehicles and drivers, etc.

547) The system should provide an online copy of all Partner Agreements 548) The system must provide the current status of a Partner Agreement (e.g. active,

revoked, expired) and allow operator access to each partner’s full status history.

549) The system must contain an annotation function to allow the Partner Management Unit (PMU) or other required unit to log and document actions on the record. For compliance purposes, PMU must have the ability to document and access the history of all documentation on an account.

550) The system must allow a change in, and ability to flag, partner status to automatically enable or disable the partner’s access to the system. An override feature to allow access to the system after access has been disabled must only be accessible by authorized users.

551) The system must interface with the web services layer to allow/prevent service providers from executing a transaction for which they are not authorized.

552) The system should be able to record and maintain the list of services each partner is qualified and authorized to provide.

553) The system must provide approved users with the ability to audit any provider/office real-time, including but not restricted to the following inquiries: • volume of transactions • delinquent amounts • frequency of delinquent payments • number of days delinquent • errors by type, by user, by office • frequency of errors by type, by user, by office • fees waived for a partner, office, or clerk level and trends • who, what, when, where of transactions • transaction trends by clerk, office, partner • fees collected • current status of the partner agreement

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• partner agreement • historical information regarding transactions or partner status

554) The system should be able to maintain fee schedules specific to a partner. 555) The system must provide a history of partner audit results. Audit frequency

must be automatically revised based on the audit history of the specific partner.

556) The system should provide a history of partner monitoring reports. Monitoring frequency should be automatically revised based on the monitoring history of the specific partner.

The system must record and track the number of transactions processed by each partner.

557) The system must track and record royalties and cost recovery fees due to the department based on requirements tied to the number or transactions or type of transactions performed by each partner.

32. Business Rules M D

558) The MVD Driver/Vehicle system should be configurable "on the fly," via configuration or rules changes, by MVD business staff using a business rules engine or equivalent functionality.

559) The "on the fly" change capability via a business rules engine should be sufficiently "user-friendly" that business users can change rules 90% of the time without the aid of contract or internal IT staff.

560) The business rules engine should be incorporated into the MVD system architecture consistent with SOA standards, so that: logic remains separate in the business rules engine and is not embedded in the core code; and any business rules that must be called in sequence are not driven by the core code, but are contained within the rules engine. Web services or later technology should be used to invoke the business rules.

561) The system should provide the capability to capture and extract fees or taxes using a business rules engine capable of presenting and managing business rules in several different formats including, but not limited to: natural language, decision tables, database tables, rule sets using Boolean logic, rule sets developed separately by collected by the engine into executable sequences.

562) The business rules engine should allow the sequence of screen presentation to be changed without requiring a change in the code.

563) The business rules engine should allow the field content of a screen to be changed without requiring a change in the code.

564) The system should provide the ability for a business user to change policy rules within a business rules engine. Example: Certain vehicle types are no longer exempt from the emissions certification.

565) The system should provide the ability to run "what-if" against production data or subsets of production data to test out proposed policy or compliance rules

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before migrating the changes to production.

566) The business rules engine should be capable of using several different methods for representing the rules, including but not limited to: natural language, decision tables, rule sets that can call other rule sets, and decision trees.

567) The business rules engine should allow the user to assign effective dates for all rules.

568) The system must give business users the ability to configure rules relating to violation/ACD codes relationship for generating the sanction, reinstatement requirements, penalty, and report ability (PDPS, CDLIS, MCSIA, etc) for commercial and noncommercial driving privileges.

569) The system must provide the ability to configure rules that determine whether and under what conditions a customer can be issued a Driver's License or ID.

570) The system must provide the ability to configure rules that determine when a license is subject to any adverse action, including but not limited to revocation, suspension, disqualification and denial.

571) The system must provide the ability to configure rules that determine when a license can be reinstated, and what is necessary for the reinstatement to occur.

572) The system must provide the ability to configure rules that determine whether and under what conditions a customer can title a vehicle

573) The system must provide the ability to configure rules that determine whether and under what conditions a customer can register a vehicle

574) The system must provide the ability to configure rules that determine whether a transaction needs to be completed in an MVD Field Office, or can be completed via the channel they are currently using (online, kiosk, mobile,…)

575) The system should provide the ability to calculate points based on business rules for a given date and flag the field agent when the customer has points on his or her record or when the customer is out of compliance.

576) The system should provide for programmable alerts based upon any changes in values that may initiate an alert.

577) The system should allow for the configuration of compliance rules (table driven) by MVD.

578) The system should allow an operator with appropriate access to search and edit a vehicle transaction business rules table (transfer title, new title, junked title) information by an authorized user with the proper system security role.

579) The system must allow fee collection by table driven set of payment types, or a rules engine (e.g., credit card, cash, check).

580) The compliance data model must provide for ease in adding compliance status for future regulations without requiring modifications to the customer or vehicle

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portions of the overall solution data model.

33. General System Features M D

581) The system must be developed with three key attributes; customer service, accountability and accuracy. Customer service must be the overlaying driver for a system of this extent. On the forefront, the system must include a linear, streamlined transaction processing user interface capable of providing the clerk with all relevant information/data pertaining to a specific transaction. A clerk that has the information readily available will be able to service the customer in a timely manner. Accountability must be defined in all aspects of the system to insure customers, transactions, reports, financials, etc. are being recorded and verified to ensure that work flow processes are not being impeded by missing and/ or incomplete data. Accuracy must be an underlining backbone of the system to insure not only that customer service is not impacted but also to insure the integrity of accountability. Following these three attributes the system would have the building blocks for the backend to provide the information/ data which would then be tailored to the work processes of the various units utilizing the system.

582) The system must provide logging of all transactions via all channels (MVD field Offices, partners, web, kiosk, mobile) including but not limited to, who accessed the system, when did they access the system, to which group do they belong (i.e., MVD Express, Santa Fe offices, clerk Maria) what transaction(s) were requested, IP address of the requesting party, if record sales what records were requested, total amount of transaction, transaction status.

583) The system must provide for placing any transaction on “hold”. The rules for deleting the transactions, the time threshold for triggering the rule, and allowing the system user to proceed must be configurable by the business users.

584) The system must include a Point of Sale (POS) application with shopping cart for multiple transactions, capable of all the current functions, but designed for a multiple office environment. This application must be capable of utilizing all of the current hardware: cash drawers, credit card reader, check scanner, signature pad, etc.

585) Based on the status of a transaction and pre-defined business rules, a transaction should be automatically routed to the next individual. Authorized personnel can also override the automatic routing, and assign the work to a specific employee.

586) The system must produce a deficiency document for transactions that could not be complete.

587) The system must be able to barcode every document that is produced, including all correspondence or forms generated by the system.

588) The system should provide work flow information, including staff assignments and work queue volumes.

589) Select MVD staff should have assigned work queues. An employee can examine his work queue at any time and review any outstanding assignments

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that will require their attention.

590) Some activities can be assigned high priority – either automatically through business rules, or manually assigned by employees. Priority transactions should be placed on the front of a worker’s work queue and an alert (e.g., e-mail, pop-up, text message) can be sent to them.

591) The proposed solution should have a single centralized repository for users and their access information (authentication, authorization, and accounting, also referred to as AAA) so that users have one username and one set of authentication credentials (such as a password) and that all user attributes and authorization are managed in one place, including date of entry. This may be accomplished by using a Lightweight Directory Access Protocol (LDAP) server.

592) Internal Users are MVD employees. For these users the identification and authentication requirements are as follows: • User Name or ID • Password

593) The security for the proposed solution must be compliant with DOIT and TRD security policy.

594) The proposed solution should provide standard GUI items, such as drop-down menus, to make selection easier for frequently used fields, such as form names, commands, and all code tables.

595) The correspondence subsystem should be able to generate letters, documents and other MVD configurable correspondence that aligns with MVD business rules and automatically fill the configurable correspondence with the appropriate data from the system.

596) The system should be able to create, print, electronically transmit, and track all outgoing correspondence (letter, e-mail, fax). Document should be digitally connected to the appropriate record.

597) The system should track and provide work flow information, including staff assignments and work queue volumes.

598) There should be segregation of duties for any transaction requiring manager approval, to ensure an individual can not initiate and approve any transaction or change.

599) The solution should be capable of providing or interfacing to a correspondence subsystem for the generation of correspondence and other documents required in the MVD business work flow.

600) The system must provide a button, or hot spot, that will commence the scan process and push index information to the existing EMC-based Document Management system during any transaction. The capture, OCR, batch, index, and storage of customer documents will be performed in the existing MVD

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EMC-based Document Management System (DMS), via links provided in the Driver\Vehicle system.

601) The system must support the current functionality with the current document management system (DMS) for MVD agents to retrieve all information including documents that have been previously scanned and captured in association with a any system transaction for which documents will be captured.

602) The system must capture and flag or report operator information (who, what office, when, reason code) on all waived fee’s.

603) The system must assign a unique ID number to each transaction.

604) The system must display, add and modify (both automatically and on demand), any restrictions, endorsements, time limits, and special license provisions.

605) The system must automatically populate data fields from other internal/external systems.

606) The system should support a mechanism for display of or prompting the MVD agent for the documents required for a given transaction, at the time of the transaction.

607) The system must maintain an audit trail of all transactions that are rejected, voided, amended, etc.

608) The system must provide the ability to record notes explaining the actions and decisions regarding a transaction, and this must be accessible to all MVD staff.

609) The system should provide a case and correspondence subsystem that generates letters from standardized templates, places bar codes on mail, and integrates with the existing DMS.

610) The system must provide a method to track and locate the status of all transactions that are “in process” and present the current status and the historical path through the system to authorized user roles.

611) The system must be able to track ownership and registrations of a vehicle across multiple NM owners

612) The system must have the ability to automatically update a customer address based on mail returned by USPS with an updated address. This feature must be able to be turned on/off by MVD personnel with the proper authority. When the feature is turned off, MVD must have the ability to route the returned mail to a queue for manual update of the customer addresses. The system must have the ability to scan in the returned mail via centralized scanning jobs and OCR the new address from the returned mail via the current DMS.

34. General System Features – Authentication and Authorization M D

613) The system must use Active Directory to authenticate all internal users (TRD employees).

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614) The system must provide authorization.

615) All internal users must be uniquely identified and authenticated when accessing all MVD application functions.

616) Security administrators must have the ability to suspend and subsequently resume User IDs.

617) For internal TRD users, all accesses must be from authorized workstations that can be properly identified by IP address.

618) For internal users – IDs must be established through security administrators. Security administration functions can be deleted by function and/or user groups.

619) For both internal and external user groups, access control must be role-based. This means access to resources will be granted based on a user’s function:

620) The Agency must have the ability to aggregate Users by groups and sub-group capabilities.

621) Once groups are defined, privileges and authorities can be assigned at the group level.

622) When a frequent user (e.g. dealer) has multiple users the individual users must be grouped/associated with the entity (e.g. dealer) on behalf of whom the work is being performed, and must have individual usernames and/or passwords.

623) For each role, access control must be performed at the following levels: • By function – this refers to specific application functions, or groups of

functions, that the user can or cannot perform. • By data content – the user can be restricted to access individual records, or

groups of records, within an application function.

624) There must be documented processes for creation and modification of user access and privileges.

35. General System Features – Administration M D

625) The system must maintain and provide Role-based access to MVD business users to create, modify, and delete code and fee tables in order to support all of the functions of the MVD Driver\Vehicle System. The tables must include, but not be limited to: Should accompanied or replaced by business rules: • All fees for all credential types and all credential transactions • All fees for all vehicle transactions • Fees for Hazardous Waste transactions . • Fines and penalties, including NSF penalties. • Overpayment tolerances. • Fee exemptions • Fee distributions

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Code Tables: • Reason for a system override of fee or any other override. • Acceptable payment types by MVD Offices, or partner office. • Miscellaneous sales • MVD Office codes • Partner Office identifiers, including Dealers • Transaction rejection reasons, for all transactions • MVD Vehicle transactions • MVD Driver transactions • Lien holders and associated data • Vehicle Types • Credential Types

36. General System Features – Capture M D

626) The system should facilitate collection of data from greeters/managers to be shared at monthly meetings

627) The system must be able to capture the payment of all special fees associated with MVD transactions.

628) The system must capture operator information (who, what office, when, reason code) on all transactions.

629) The system must allow an operator with appropriate role and access to waive fees.

630) The system must be able to record funds generated for all groups by plate and registration renewal (e.g., college, veterans, environmental).

631) The system must be able to automatically generate notifications for customers who are late in paying recurring MVD transactions (e.g., payment plans, permit renewals, registration renewals).

632) The system must have the ability to produce an insufficient payment notification letter for services rendered that have been paid with non-sufficient funds.

37. General System Features – Reports/ Notices M D

633) The system must automatically generate a report of all overrides/voids on a regular basis (daily/weekly) and on demand.

634) The system must allow querying for ad hoc reports on any transaction that had fees waived.

635) The system must allow reporting on customer accounts for violation of state excise tax fraud (non-payment) and send notice to defined operator for human review.

636) The system must be able to receive data from data capture equipment located in the Revenue Processing Division that was developed by ITD.

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637) The system must provide reconciliation reports that are generated to indicate the data was received from other systems that transmitted information. These reports may be related to deposits, revenue distribution, or just client data.

638) The system must produce a report that shows the reconciliation of revenues collected to transaction counts over a defined period of time. E.g., daily, weekly, monthly, yearly, etc.

639) The system must produce ad hoc reports that show the reconciliation of revenues collected to transaction counts over a defined period of time and by a selected office or office type.

640) The system must be able to track, inquire and report on refunds, and the status of refunds.

641) The system must provide transaction summary reports for batch entered work.

642) The system must be able to provide transaction and revenue reports by cash drawer, location, transaction and tender type.

643) The system must have the ability to generate a consolidated master report over a defined time period payments received listing forms of payment including check, cash, credit and debit card payments etc. This transaction report will show the breakdown by register or location and transaction type details.

644) The system must have the ability to count a transaction even though a fee was waived in order to facilitate profitability analysis. E. g. Counting a waived drivers license reinstatement fee in the transaction count even though MVD did not collect a fee.

645) The system shall support the summarization and reporting of MVD fund-level financial activity to the State Treasurer and Comptroller through the State-wide Accounting system.

646) The system must be able to generate ad hoc reports on revenues and distributions.

647) The system must produce a weekly report that details differences in fee paid versus fee due.

648) The system must produce a user-defined ad hoc report querying differences in fee paid versus fee due by office, by office type and by individual clerk.

649) The system must be able to capture all information on a vehicle abandonment report.

650) The system should provide cross matching sub-systems or functionality that identifies inconsistencies and possible fraud (e.g., VINs with multiple changes, old registrations).

651) To provide more flexibility, reports should be user-defined and not specific to week, month, quarter or year.

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652) The system must be able to automatically communicate, on a statewide basis, alert information online/real time (e.g., missing data fields, breeder documents not associated, communications outage) all User Roles and all locations selected by the MVD employee creating the notification.

653) The system must generate a rejection notice for any rejected application to the operator creating the transaction, with an optional notice to the owner or credential holder for all USPS or virtual transactions.

654) The system should be able to send notices to title holder customer when corrections are made.

38. General System Features – Search M D

655) The system must support searches for customer data elements using access points such as (but not limited to) DL number, plate, title number, birth date, name, business name, owner, DBA, passport number, TIN, SSN, U.S. CIS Number.

656) The system must provide the ability to inquire on a customer’s previous name(s) and return all records associated with the customer.

657) The system should support inquiries/searches for customer records including a “Soundex search” capability for customer records that are “close to” the given name and other demographics. (“Soundex” is a phonetic algorithm for indexing names by sound, as pronounced in English.)

658) The system must provide the ability to retrieve requested temporary permit information using search criteria such as owner names, lessee names, VIN, permit number, and bar-code.

659) The system must provide an operator with customer search capabilities using customer information (e.g., name, drivers license number, address) or vehicle information (e.g., VIN, license plate number, title number) to identify an individual.

660) The system must be able to identify the most recent transaction for a driver, vehicle, or customer.

39. General System Features – Stats M D

661) The system must maintain statistics of non-compliance checks for use in operational and management decisions.

662) The system must provide an operator the tools to perform statistical analysis on test data.

663) The system must provide the tools to perform statistical analysis on all data.

664) The system must produce a user-defined report that shows the reconciliation of revenues collected to transaction counts over a defined period of time and by

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office and office type. E.g., daily, weekly, monthly, yearly, etc.

40. History and Audit - History M D

665) The system must provide the means to document why corrections were made to a record, including but not limited to audit fields with time date stamp, user information.

666) The system must archive all updates to all Driver License table records.

667) The system must maintain information adequate to determine the record retention period on all date, such that system data can later be purged, or transferred to State Records Center and Archives (SRCA) Electronic Records Management System based on policy with SRCA.

668) The system must have the capability to capture state- and county-specific credentialing historical information, as needed through interstate reciprocity and FMCSA regulations.

669) The system must maintain information on a driver’s license application.

670) The system should be able to track the history of the issuance of duplicate licenses. Specifically, the number of duplicates issued should be indicated on the driver’s license record.

671) The system should track historical information related to the issuance of duplicate licenses including: Activity date, Location, Activity Reason Code (license turned in, duplicate issued, license stolen/lost)

672) The system must provide the ability to capture a history of test results.

673) The system should support a table- or rules-driven history of previous drivers’ medical conditions that will alert the Field agent to take additional screening actions.

674) The system must provide the ability to update and maintain history of credential information and status (e.g., duplicate, modify name/address, photo update, upgrade/downgrade, surrender).

675) The system must be able to maintain an electronic archive of the current and previous owners/registrants of a given vehicle.

676) The system must retain a history of all vehicle title or registrations information associated with a vehicles VIN.

677) The system must provide the ability to create a title history for vehicles that are classified as ‘suppressed’ (e.g., the vehicle is owned by someone whose identity is suppressed).

678) The system must allow vehicle record to be retained including branding information if a NM titled vehicle is moved out of state.

679) The system must provide the ability to track the gross vehicle weight, gross vehicle weight rating and the vehicle light weight.

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41. History and Audit - Audit M D

680) The system must support an audit trail to track adjustments and access of applications, including: Every adjustment must have a reason/comment for the adjustment. Check and balances for fraud prevention, e.g., over a certain amount, needs supervisor approval or certain types of adjustments need management approval.

681) The system must maintain an audit trail of adjustments, including but not limited to, agent ID, reason for adjustment, and approval thresholds.

682) The system should allow operator to electronically transmit customer and vehicle records tax violations.

683) The system must track all entries of fees collected by Motor Vehicle Investigators with the control number of cash receipt by types.

684) The system must be able to print cash receipts for Motor Vehicle Investigators receipt moneys from customers.

685) The system must track Motor Vehicle Investigator cash receipts and the corresponding control numbers from the time of issue by Financial Operations until receipt is used to collect fees from customers.

686) The system must report all money collected and reconcile weekly with deposits made by individual Motor Vehicle Investigator.

687) The system must log overrides to identify the user, date/time, location and reason for override.

688) The system must provide field-level audit history that is configurable to the field-level. In other words, MVD must be able to choose and configure and turn on/off field-level audit history tracking.

689) The system must provide the ability to maintain an audit trail of name changes and customer record merges.

690) The system must require a user performing a real-time update to document the reason for the update

691) The system must record a complete audit trail of the customer record of transactions, including, but not limited to:

• A history of all vehicle transactions for the vehicle and owner • A history of all driver transactions for the driver • Date, MVD office or other transaction source, and MVD or other

partner employee identification •

692) All business transactions on driver records (both inquiry and update) must include audit data such as user, location, and update timestamp. There must be facilities to retrieve this audit information.

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693) The system must support monthly and year-end audit processes with adequate internal controls to protect the integrity of the customers, the data, and the State’s funds.

L. TECHNICAL REQUIREMENTS 1. Architecture and Technical - Architecture M D

694) The architecture proposed for the system must support the MVD vision for the future, specifically the expectation of a dramatic increase in on-line vs. in-person transactions, and additional traffic associated with that increase..

695) The system architecture must provide the ability to securely perform bi-directional communication with various virtual channels, the user interface for which will be provided by the system, internal TRD\IT staff, or third party firms with agreements to offer these UIs to other external business customers.

696) All data for the MVD System must be located at the New Mexico Enterprise Data Center

697) No data replication outside the State of New Mexico network will be permitted.

698) No cloud solutions will be considered at this time, but may be considered in the future.

699) The system must be based on a customer-centric database, with one customer record used for all MVD transactions.

700) Web services must be owned by TRD.

701) The Offeror’s proposed solution should include a Disaster Recovery (DR) "hot" site.

702) If a DR "hot" site is proposed, it must be located within New Mexico, but outside the City of Santa Fe or Santa Fe County.

703) If a DR "hot" site is proposed, the DR environment must be on the State of New Mexico network, or capable of being added to the State of New Mexico network. Data from TRD must be segregated from the data of other customers, with firewall rules blocking access from any other network node at that site.

704) The system architecture must be SOA compliant and compliant with Web Services Security NIST SP-800-95

705) The system architecture must be an "open" architecture, such that the Procuring Agency can incorporate "best of breed" solutions into the overall architecture without the necessity to change the code of the base system.

706) The system must use: • MS Team Foundation Server – for any code owned by TRD i.e., Web Services.

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• MS .Net Framework 4 or above • MS SQL 2008 or above Enterprise Version. • VM Ware 5.1 or higher Enterprise Plus • Windows Server 2012 or higher • IIS 7 or higher • Windows 7 for workstations

707) The system must use an N-tier architecture.

708) The MVD system must meet the following Service Level Metrics: [All hours are Mountain Time] • Batch Window: 7:30 AM – 10 PM Daily • Online availability 24x7x365 • Maintenance Window: Sunday 7 AM – 10 AM

709) The system must be available for physical office operation: • MVD Field Offices: 6 AM -9 PM Mon-Sun • County-Municipal Offices: 6 AM -9 PM Mon-Sun • PRAs and other Partners: 8 AM -9 PM Mon-Sun

710) The system must be able to run on the current workstation platform installed in all the MVD Field Offices. This platform consists of workstation and POS specifications: • Workstation Hardware: • HP Compaq 6000 Pro SFF PC • Intel Core2 Duo CPU E8400 @ 3.00GHz • 4GB RAM • 150GB local disk • Workstation software • Windows 7 • Office 2003 • POS Hardware • Epson Receipt machine TM-H 6000III model # M147G • Logic Controls Pole Display- model # PD3000 • Cash Drawer • Optimum L 4150 Hypercom Credit Card Signature pad machine- Model

L4150 2.0 or replacement model • HP 3500 n printer

711) The system must provide a “Windows-based” Unified Network Interface (UNI) Server, version 4.1 or above.

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712) The contractor will be responsible for conducting and documenting all Casual and Structured Testing with AAMVA.

713) The system must support the following AAMVA Applications: • AAMVA Exchange with Law Enforcement (AXLE) • Business Partner Electronic Vehicle Registration (BPEVR) • Commercial Driver License Information System (CDLIS) • Digital Image Access (DIA) • Driver and Vehicle Data (DVD) • Driver License Data Verification (DLDV) • Electronic Driver License (EDL) • Electronic Exchange of SR22 and SR26 Information (SR22/26) • Electronic Lien and Titling (ELT) • Electronic Verification of Vital Records (EVVER) • Help America Vote Verification (HAVV) • National Motor Vehicle Title Information System (NMVTIS) • NDR Problem Driver Pointer System (PDPS) • Social Security Online Verification (SSOLV) • Selective Service Registration (SSR) • US Passport Verification Service (US-Pass) • Vehicle Inquiry (VI) • Verification of Lawful Status (VLS)

714) The system must provide an architecture that reduces batch processing to only those external interfaces that cannot be replaced by web services or more current technology. All processes internal to the MVD Driver\Vehicle system must not use batch processing.

2. Architecture and Technical – Security M D

715) The system must be comply with the following security standards: • SP 800-122 - Guide to Protecting the Confidentiality of Personally

Identifiable Information (PII) • NIST 800-95 - Guide to Secure Web Services • NIST 800-53 - Recommended Security Controls for Federal Information

Systems and Organizations • The Open Web Application Security Project (OWASP) Development Guide • Microsoft Security Development Lifecycle (SDL)

716) The contractor must commit to an annual application audit.

717) During installation and implementation, as each environment is installed, the Contractor must be available for a TRD-selected third-party application,

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network, and compliance security assessment.

718) In the event the Contractor is responsible for system maintenance on an ongoing basis, the Contractor must be available for a TRD-selected third-party application, network, and compliance security assessment.

719) The system must be capable of stopping transactions made outside normal operating hours for the User Role. For instance, MVD Field Offices, normally closed after 5PM M-F, would not be able to make a transaction at 2AM Saturday morning.

720) The system must provide centralized, real-time, logging of all transactions via all channels (MVD field Offices, partners, web, kiosk, mobile). The information logged must include, but not be limited to: who accessed the system, when did they access the system, to which group do they belong (i.e., MVD Express, Santa Fe St. Michaels office, clerk: Maria) what transaction(s) were requested, IP address of the requesting party. If the transaction is for record sales the system must provide in addition to that previously mentioned, what records or selection criteria were requested, total amount records obtained, and mode of transmission.

3. Architecture and Technical – Driver and Vehicle Interfaces M D

721) The Offeror’s proposed solution must include all of the driver and vehicle interfaces listed below:

Driver interfaces

UNI Server AAMVA interface for driver: at a minimum, but not limited to : PDPS, CDLIS, SSOLV, SAVE, Image exchange, and EVVR

Digital Photo Exchange AAMVA interface for retrieving out-of-state driver photos

Child Support Interface with NM Human Services Dept for suspending license for non-payment of child support

NLETS Interface with law enforcement

TRACS The system must be able to accept electronic data or an image with electronic metadata from TRACS, and store either the data in the MVD system or the metadata and image in the existing DMS system.

Courts The system must be able to accept electronic data or an image with electronic metadata from Judicial Systems (currently Odyssey), and store either the data in the MVD system or the metadata and image in the existing DMS system.

Judicial (Courts) Interface must be provided to courts to retrieve driver information

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Odyssey The case management system currently used by the Administrative Office of the Courts

SSOLV Application to provide social security number with SSA

Voter Registration Application to provide drivers the opportunity to register to vote at the MVD field office

IVR Interactive Voice Recognition Application driver transactions including, but not limited to: Credential Renewal, Citation Payment, Driver Status, Driver History, and Placard Renewal.

KIOSK KIOSK applications for Driver including, but not limited to, credential renewal, driver status, and citation payment.

Knowledge Test The system must provide the capability to interface with the written test system (currently STS) and remote third-party systems, in order to record the results on the customer’s credential record.

UNM University of New Mexico - exchange of None-for-the-Road program testing information and results and provide DWI statistics

HSD Human Services Dept - exchange of information on parental responsibility and suspension of driver’s license for non-payment of child support

Organ Donor Website for administering the state organ donor program

Photo Capture Station MVD's current photo capture application for driver license/id transactions 8500-630 ValCam Pro w/flash, or higher versions where units have been replaced. The system should have the ability to automatically crop the customer picture.

Central Issuance (L1) Interface for sending driver license/id information to L1 for license production

DMS Existing MVD enterprise Document Management System based on EMC, and Tangent software. Also the accompanying existing Fujitsu, Panasonic, and OPEX hardware.

The Replacement for the PA Web Application

The system must provide a replacement for the current PA Web Application, and provide a real time interface to accept the Citation data and citation payments into the MVD Driver\Vehicle System.

Selective Service Data provided to Selective Service identifying all license

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and ID applicants who are eligible for Selective Service registration

FMSCA Data verification for Commercial Drivers

SHARE NM General Financial System, in particular, the General Ledger.

Facial Recognition (FRS)

L1 Facial Recognition System

Mexican Consulate Verify information including, but not limited to: MATRICULA, USPASS, VLS, and EVVER interfaces.

Data Warehouse Tax Compliance Data Warehouse - Extract only

NM Interactive (NIC) Driving record sales. The nature of this interface will change to use the Web Services, instead of transferring large quantities of files between TRD and NMI.

KIOSK - License Renewal KIOSK application for renewal of driver's license

Driver Training Schools Validation of Driver Education and Test Results

Indigent Interface Interlock Indigent Fund Interface

CDL Fingerprinting Stations

The system must integrate with the current Fingerprinting stations.

Hazmat Federal mandated HAZMAT endorsement process

Vehicle interfaces

UNI Server AAMVA interface for vehicle verification including, but not limited to: NMVTIS.

Explorer Services Contractor that verifies vehicle insurance information

NCIC Interface that verifies the vehicle status on all title transactions

Air Care\WEP Web services to obtain the emissions certification status of a specific vehicle.

RPD Remittance Processing.

Application for automated process of mail in vehicle registrations and field office deposits. Both Itram\Wasau, and OPEX\Tangent remittance processing methods must be supported.

MVD Online Registration

Application for renewal vehicle registration through web application

NM Interactive (NIC) Web-based application for data sales. This will be converted from the current file transfer method to web

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services.

NLETS Interface with law enforcement

VINQUERY Application for verifying vehicle identification numbers (VIN), make, model and other vehicle information.

NADA Application for verifying values of used vehicles

Fleets Web application for fleet vehicle renewals, and requests to create fleet accounts via web services.

Judicial (Courts) Interface provided to courts to retrieve vehicle information

IVR Voice recognition system for vehicles transactions including, but not limited to: vehicle registration renewal, boat registration renewal, replacement stickers, replacement plates, and ordering Special plates through IVR and other virtual channels.

Dealers Application for Auto Dealers

KIOSK KIOSK application for vehicle transactions including, but not limited to: vehicle registration renewal, boat registration renewal, replacement plate, and replacement stickers.

SAMBA Vendor that provides service to complete vehicle transaction

EMNRD Energy and Mineral Resources Dept - Boat data for verifying boat registration in the filed

PRA's Private Retail Agents - Businesses that conduct MVD business on behalf of the state

NMVTIS AAMVA application for verifying vehicle titling information

SHARE NM General Financial System, in particular the General Ledger

Heavy Vehicle Interface to verify that driver is up to date with NM heavy vehicle taxes prior to renewing heavy vehicle

ACS/DPS (CVIEW) Commercial Vehicle Information Exchange Window

IFTA/IRP Verify Commercial Carrier Information

Data Warehouse Tax Compliance Data Warehouse - Extract only

4. Architecture and Technical – Interfaces - General M D

722) No interface will be required with the standalone FAST Enterprises IFTA/IRP systems (implemented as modules within GenTax).

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723) All interfaces with external entities must be capable of transmissions complying with NIEM 2005 standards.

724) The MVD IVR is an externally hosted system. The Driver\Vehicle System must provide the same web services as currently supplied today to that external function. The services that must be provided by the MVD system include, but are not limited to, web services for Driver Status, Citation Payment, Registration Renewal, Replacement Sticker, Replacement Plate, Boat Registration Renewal, and License Renewal.

725) DMS – detailed: • The MVD System must use the existing scanners, and installed software from

the existing DMS system for field offices and central scanning operations, and must be configurable for future scanning and capture equipment. Existing functionality integrating the MVD System with the DMS during an MVD transaction in the field office, must be provided by the MVD system.

• Scanners are Fujitsu 6130, Fujitsu 6230, and OPEX AS7200i. • Software: EMC Captiva, EMC Documentum, OPEX software installed on

the machine, Tangent Deposit 21 software for electronic deposit.

726) The system must integrate with the existing Morpho/L1 central issuance credentialing production system.

727) The system must seamlessly integrate with Qmatic (current version is Qwin; Orchestra implementation is pending), and the accompanying Vision kiosks currently installed in all MVD Field Offices.

728) The system must be capable of integrating with the STS Driver Knowledge Testing application similar to the current method of integration.

729) The system must be able to receive data from remittance equipment used to deposit, endorse and encode MVD checks as well as uploading client payment data. This equipment is OPEX AS7200i, with an attached Model 72 extractor, using EMC Captiva and Tangent Deposit 21 software for image and payment processing. Currently, also used is ITran equipment with custom-developed software and Wausau software for processing certain payments. Both sets of hardware and software must be accommodated, because it is unknown at this time what will be necessary to interface with at the time of contract approval.

730) The system must provide the ability to add external identifiers such as Secretary of State Numbers/Department of Transportation (DOT) Number.

731) The system must perform authentication and verification steps using existing and future external systems such as SSOLV, PDPS, NCIC, the NM facial recognition system (FRS).

732) The system should provide the ability to establish information interfaces to establish data cross matching programs with other state agencies.

733) The system must be flexible enough to support future centralization of

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additional operations including, but not limited to: • Central Issuance of License Plates • Central Issuance of Titles

734) The system must be compatible with the current fingerprinting stations used for CDL credentials, and configurable to work with similar future systems and equipment. The stations currently in use are LiveScan MC100 and ILS2-R250/D.

735) The system must have the ability to transfer data in bulk to external entities, and maintain all transaction data from that transfer.

736) The system must support interfaces with financial institutions for automated ACH, ICL transactions and NSF resolution.

737) The system should be able to deny a customer transaction based on the customer’s current tax status. The system must therefore, provide an interface with the GenTax data capable of determining the customer’s current tax status. This feature must be able to be disabled by User Role.

5. Web Services/Portal – Web Services M D

738) The Web Services for renewal of credential or title transactions must be capable of seamlessly interfacing with the existing Credential Central Issuance and planned Title Central Issuance system(s).

739) The Web Services must be capable of being consumed securely by a variety of market channels, including but not limited to: • MVD-owned web pages • Mobile apps • Kiosk applications • Third Party User Interface • Mobile MVD Field Offices • Emergency MVD Field Offices

740) The Web Services must be capable of invoking all of the necessary validation, verification, and authorization applications/services necessary to complete the transaction. For instance, in order to renew a license, the web services must invoke the following, but not limited to, services a) background check with PDPS, and b) CDLIS, to determine if the customer is allowed to renew their license at this time.

741) The Web Services must be capable of using the approved State Price Agreement vendors for credit card, and electronic check payment processing.

742) The Web Services must be capable of charging fees based on a variety of fee schedules including, but not limited to: • the base transactions fees,

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• reduced fees for high volume or preferred customer status • fees associated with use of the web services layer by firms providing user

interfaces • specifics of the MVD account held by the external firm or state agency • source of the transaction (Field Office (FO) clerk vs. virtual inside or external

to the FO).

743) Web Services must be able to use the business rules or fee structure from the base MVD Driver Vehicle System for all transactions.

744) Source code for the Web Services must be owned by TRD.

745) The web services must be capable of determining the source of a request, and respond via encrypted or unencrypted communications depending upon whether the source of the request is from an unsecured or secured source.

746) All requests and responses from unsecured communication channels must be encrypted. All requests and responses via secured channels (within the State of New Mexico network, or VPN tunnels) may be unencrypted.

747) The MVD Web Portal should provide all of the Driver, Vehicle, and Customer transactions available virtually to private citizens.

748) The MVD Web Portal should provide the ability to set up and use an Account with the Motor Vehicle Division, and support rules and/or roles based authorization. (Reference 1.0 Customer.)

749) The Web Portal should provide account sign-on, retrieval, and payment for data sales. Payment must provide the ability to perform electronic withdrawal from the customer's account.

750) The web portal should be capable of consuming the same web services as are supplied to all other channels.

751) The web portal must be capable of handling payment for individual, business, dealer, and partner accounts.

752) Payments from the web portal must be capable of using credit cards, electronic checks or ACH withdrawal from the customer account.

6. Web Services/Portal – Transactions M D

753) The Web Services must provide at a minimum, but not to be restricted to, the following Driver transactions: • First Time non-CDL Driver's License • Non-CDL DL Renewal • First Time CDL DL • CDL DL Renewal • Provisional DL

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• Instructional Permit • First Time ID • ID Renewal • No-fee Correction • Renewal DL (military) • Address Change • Limited License • Ignition Interlock • First Time Alternative ID • Alternative ID Renewal • 90 Day temp license (HAZ Endorsement) • 90 Days Temp Renewal • First Time DL non-CDL Foreign National • Renewal DL non-CDL Foreign National • Provisional License Foreign National • Instructional Permit Foreign National • First Time ID Card Foreign National • Renewal ID Card Foreign National • First Time Placard • Placard Renewal • Placard History • No Fee Placard Correction • Driver Status • Citation Payment by DL • Citation Payment by Citation number • Citation Payment pre-receipt • Driver Eligibility Check (class & type) )

754) The Web Services must provide at a minimum, but not to be restricted to the following Vehicle transactions: • 1st Time Title • Title Transfer • Lien Title Change • Duplicate Title • No Fee Correction Title • Vehicle Registration Renewal

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• Duplicate Registration • Mail Order Renewal • No Fee Correction Registration • Replacement Plate • Non-negotiable Title • Address Change • Registration Dealer Plate • Registration Reinstatement • Temp Permit • Transport Permit • Demo Permit • Transit Permit • Tax Lien - NCIC Check • Vehicle Sales Report • No Fee Correction VIN • Registration NATO Plate • No Fee Correction NATO • Master Correction • Change Status from OOS report, usually to sold, cancelled, non-repairable • Change Status to Salvage

755) The Web Services must provide at a minimum, but not to be restricted to the following Customer transactions: • Add Customer • Add Account • Deny Access due to Account status • Address Change • Change Customer Role for vehicle • Name Change • Merge Customer Records • Change or Add Contact Information and/or preferences • Provide documentation or payment to clear the customer's account

756) The system should be able to provide bulk or batch record sales to commercial firms, and state agencies on a fee or no-fee basis, including but not limited to: • Driver History • Vehicle Records

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• Driver Status

7. Web Services/Portal – Web Security/Roles M D

757) The Web Services must meet the security requirements of the MVD System, and in addition must provide additional features as included below.

758) The Web Services must be capable of restricting transactions by external commercial and state agencies to those allowed by the current status of the external entity's account with Partner Management.

759) The Web Services must provide Roles-based and rules-based access to all transactions. The Roles access must be based on Accounts maintained within the Customer Account or Partner Management in the MVD System.

760) The Web Services provided must insure that every individual, or company attempting to execute a specific transaction, has the right to execute that transaction given their account and role in the MVD System.

761) The Web Services must be capable of being invoked by external firms providing User Interfaces for a variety of functions, either using encrypted communications or secure channels, such as VPN tunnel or dedicated lines.

762) Transfer of data and images in either direction to and from the MVD System not transferred via a secure channel, must be encrypted in both directions.

763) The Web Services must be available to external firms on a subscription or account basis.

764) The Web Services must be able to provide Partner Management of other designated MVD entity the data and the access in order to examine any user privileges or transactions run within the system.

765) The Web Services must provide an n-tier architecture, the data layer of which architecture is hosted at the State Enterprise Data Center, currently housed at the Simms Building in Santa Fe.

766) The Web Services must be capable of recording and charging either the individual, corporate, or state agency account for all transactions.

767) The system must provide logging of all transactions via all channels (MVD field Offices, partners, web, kiosk, mobile) including but not limited to, who accessed the system, when did they access the system, to which group do they belong (i.e., MVD Express, Santa Fe offices, clerk Maria) what transaction(s) were requested, IP address of the requesting party, if record sales what records were requested and the number of records received, total amount of transaction, transaction status.

768) The Web Services must be capable of restricting transactions by external commercial and state agencies to those allowed by the current status of the external entity's account with Partner Management.

769) The system must provide logging of all transactions via all channels (MVD field

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Offices, partners, web, kiosk, mobile) including but not limited to, who accessed the system, when did they access the system, to which group do they belong (i.e., MVD Express, Santa Fe offices, clerk Maria) what transaction(s) were requested, IP address of the requesting party, if record sales what records were requested and the number of records received, total amount of transaction, transaction status.

VALUE-ADDED OPTIONAL OFFERINGS:

M. VALUE-ADDED OPTIONS 1. Value-Added Optional Offerings M D

Note: This section will not be scored. No points will be awarded for value-added options that may be proposed by the Offeror in response to this section. 770) There may be additional options available that would fall within the scope of

this procurement and the MVD Vision for the Future, of which the Agency may not be aware, and that the Agency should consider in a contract that results from this RFP. If the Offeror is able to offer any such value-added options, the Agency would be pleased to consider them.

771) If the Offeror chooses to offer any value-added options in response to this section, the Offeror must: • describe those options in detail; and • include the cost of each such option in the Value-Added Optional Offerings

section of the Cost Response Form.

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V. EVALUATION

A. EVALUATION POINT SUMMARY The following is a summary of evaluation factors and the point value assigned to each. These weighted factors will be used in the evaluation of the individual Offeror proposals for quality and thoroughness of response.

Evaluation Point Summary Points

Executive Summary, General Offeror and Project Requirements 150

Risk Management 100

MVD’s Vision for the Future 300

Business, Functional and Technical Requirements 150

Cost 300

TOTAL 1,000

B. EVALUATION FACTORS Points will be awarded on the basis of the following evaluation factors: 1. Executive Summary, General Offeror and Project Requirements (150 points)

The Executive Summary, General Offeror and Project Requirements will be scored based on the depth and clarity of the Executive Summary, with emphasis on substance over style, and on providing a clear vision for how and why the proposed solution will best address the Agency’s needs, along with evidence that the proposed functionality is not speculative and can be delivered; Offeror’s documented experience on similar projects; references; the offeror’s financial strength and stability; and the depth and quality of related experience of the offeror’s proposed key staff members.

2. Risk Management (100 points)

Scoring of Offeror’s response to the Risk Management requirements will be based on the degree to which responses are on target, thorough and clear and successful in making the case to the Evaluation Committee that the Offeror’s solution will in fact both minimize and manage all significant risks, particularly implementation risk.

3. MVD’s Vision for the Future (300 points)

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Scoring of Offeror’s response to the Vision for the Future requirements will be based on the degree to which responses are on target, thorough and clear and successful in making the case to the Evaluation Committee that the Offeror’s solution will in fact give the Agency the best possible opportunity to achieve MVD’s Vision for the Future.

4. Business, Functional and Technical Requirements (150 points)

The Business, Functional and Technical Requirements will be scored based the percentage of desirable requirements that the Offeror is prepared to meet, as well as on the quality, thoroughness and completeness of Offeror’s responses where responses are specifically required.

5. Cost (300 points) The evaluation of each Offeror’s cost proposal will be evaluated based on Offeror’s Grand Total

Cost, including Offeror’s firm fixed cost for all proposed hardware, software and implementation services, licensing fees, and any additional maintenance charges over a eight-year period, and including the calculated cost of those resources that the Agency is expected to provide..

Cost points will be awarded as follows:

Max.

points Lowest responsive offer Grand Total Cost

x 300 = Award points 300 Offeror’s Grand Total Cost

6. Resident Business and Resident Veterans Preference

To be awarded Resident Business points, the Offeror must include in Binder 2 a copy of its preference certificate. To receive Resident Veterans Preference points, the Offeror must also include in Binder 2 the completed and signed APPENDIX J Resident Veterans Preference Certification.

Any Resident Business or Resident Veterans Preference points awarded to those offerors that qualify will be added to the Offerors’ already evaluated scores, making it possible to achieve a maximum total score of 1,080 points.

C. EVALUATION PROCESS

1. All Offeror proposals will be reviewed for compliance with the mandatory requirements as

stipulated within the RFP. Proposals deemed non-responsive will be eliminated from further consideration.

2. The Procurement Manager may contact Offerors for clarification of the responses, as specified in

Section II paragraph B.9. 3. The Evaluation Committee may use other sources of information to perform the evaluation, as

specified in Section II paragraph C.18.

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4. Responsive proposals will be evaluated on those factors which have been assigned a point value in

Section V.A. One or more responsible offerors with the highest scores will be selected as Finalist Offerors based upon the proposals submitted. Finalist Offerors who submit revised proposals for the purpose of obtaining best and final offers (BAFOs) will have their points recalculated accordingly. Oral presentations and product demonstrations will also be considered in determining final scores. The responsible Offeror whose proposal is most advantageous to the Agency, taking into consideration the evaluation factors in Section V, will be recommended for contract award to the State Purchasing Agent as specified in Section II, Paragraph B.16. It should be noted however, that a serious deficiency in the response to any one factor might be grounds for rejection regardless of overall score.

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APPENDIX A

REQUEST FOR PROPOSALS ACKNOWLEDGEMENT OF RECEIPT FORM

RFP #30-333-12-12463

MVD DRIVER AND VEHICLE SYSTEM REENGINEERING PROJECT In acknowledgement of receipt of this Request for Proposal, the undersigned agrees that he/she has received a complete copy of the RFP, beginning with the title page and table of contents, and ending with Appendix K. The acknowledgement of receipt should be signed and returned to the Procurement Manager no later than close of business on the date indicated for Distribution List Response in Sec. II.A. Only potential offerors who return this completed form will receive notification of posting on the SPD web site of all offeror written questions and the Agency’s written responses to those questions as well as RFP amendments and information updates if any are issued.

FIRM: _______________________________________________________________________

REPRESENTED BY: __________________________________________________________

TITLE: ____________________________________ PHONE: ________________________

E-MAIL: _________________________________ FAX: _____________________________

ADDRESS: ___________________________________________________________________

CITY: __________________________________ STATE: _____ ZIP CODE: ___________

SIGNATURE: _________________________________ DATE: _______________________

This name and address will be used for all correspondence related to the Request for Proposal.

Procurement Manager:

Name: Mr. Mac Lewis Title: Procurement Manager Agency Name: New Mexico Taxation & Revenue Department Motor Vehicle Division Address: Joseph M. Montoya Building P.O. Box 1028, Santa Fe, NM 87504-2244 Telephone: (505) 827-2244 Fax Number: (505) 827-2397 E-mail: [email protected]

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APPENDIX B - CONTRACT

STATE OF NEW MEXICO Taxation and Revenue Department Information Technology Agreement

Contract No.________________ THIS Information Technology Agreement (“Agreement” or “Contract”) is made by and between the State of New Mexico, [Insert Procuring Agency Name], hereinafter referred to as the “Procuring Agency” and [Insert Contractor Name], hereinafter referred to as the “Contractor” and collectively referred to as the “Parties”. WHEREAS, pursuant to the [CHOICE #1 - Procurement Code, NMSA 1978 13-1-28 et. seq; and Procurement Code Regulations, NMAC 1.4.1 et.seq; OR CHOICE #2 – New Mexico State Use Act (13-1C-1 NMSA 1978);] the Contractor has held itself out as expert in implementing the Scope of Work as contained herein and the Procuring Agency has selected the Contractor as the offeror most advantageous to the State of New Mexico; and [CHOICE #1 - If procurement method is a RFP or Sole Source, use the following language: WHEREAS, all terms and conditions of the [RFP Number and Name] [SOLE SOURCE] and the Contractor’s response to such document(s) are incorporated herein by reference; and] [CHOICE #2 – If procurement method is a state price agreement, use the following language: WHEREAS, this Agreement is issued against the state price agreement, SPD [Insert state price agreement number and name], established and maintained by the New Mexico State Purchasing Division of the General Services Department;] [CHOICE #3 - WHEREAS, all Parties agree that, pursuant to the [SUBCHOICE A - Procurement Code, 1.4.1.52 et. seq. OR SUBCHOICE B – New Mexico State Use Act (13-1C-1 NMSA 1978)] the total amount of this Agreement is $50,000.00 or less, excluding taxes; and NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE PARTIES:

ARTICLE 1 – DEFINITIONS

A. “Acceptance” or “Accepted” shall mean the approval, after Quality Assurance, of all Deliverables by an Executive Level Representative of the Procuring Agency.

B. “Application Deployment Package” shall mean the centralized delivery of business critical applications including the source code (for custom software), documentation, executable code and deployment tools required to successfully install application software fixes including additions, modifications, or deletions produced by the Contractor.

C. “Business Days” shall mean Monday through Friday, 7:30 a.m. (MST or MDT) to 5:30 p.m. except for federal or state holidays.

D. “Change Request” shall mean the document utilized to request changes or revisions in the Scope of Work – Exhibit A, attached hereto and incorporated herein.

E. “Chief Information Officer (“CIO”)” shall mean the Cabinet Secretary/CIO of the Department

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of Information Technology for the State of New Mexico or Designated Representative. F. “Confidential Information” means any communication or record (whether oral, written,

electronically stored or transmitted, or in any other form) that consists of: (1) confidential client information as such term is defined in State or Federal statutes and/or regulations; (2) all non-public State budget, expense, payment and other financial information; (3) all attorney-client privileged work product; (4) all information designated by the Procuring Agency or any other State agency as confidential, including all information designated as confidential under federal or state law or regulations; (5) unless publicly disclosed by the Procuring Agency or the State of New Mexico, the pricing, payments, and terms and conditions of this Agreement, and (6) State information that is utilized, received, or maintained by the Procuring Agency, the Contractor, or other participating State agencies for the purpose of fulfilling a duty or obligation under this Agreement and that has not been publicly disclosed.

G. “Contract Manager” shall mean a Qualified person from the Procuring Agency responsible for all aspects of the administration of this Agreement. Under the terms of this Agreement, the Contract Manager shall be [Insert Name] or his/her Designated Representative.

H. “Default” or “Breach” shall mean a violation of this Agreement by either failing to perform one’s own contractual obligations or by interfering with another Party’s performance of its obligations.

I. “Deliverable” shall mean any verifiable outcome, result, service or product that must be delivered, developed, performed or produced by the Contractor as defined by the Scope of Work.

J. “Designated Representative” shall mean a substitute(s) for a title or role, e.g. Contract Manager, when the primary is not available.

K. “DoIT” shall mean the Department of Information Technology. L. "DFA" shall mean the Department of Finance and Administration; “DFA/CRB” shall mean the

Department of Finance and Administration, Contracts Review Bureau. M. “Escrow” shall mean a legal document (such as the software source code) delivered by the

Contractor into the hands of a third party, and to be held by that party until the performance of a condition is Accepted; in the event Contractor fails to perform, the Procuring Agency receives the legal document, in this case, Source Code.

N. “Enhancement” means any modification including addition(s), modification(s), or deletion(s) that, when made or added to the program, materially changes its or their utility, efficiency, functional capability, or application, but does not constitute solely an error correction.

O. "Executive Level Representative" shall mean the individual empowered with the authority to represent and make decisions on behalf of the Procuring Agency's executives or his/her Designated Representative.

P. “GRT” shall mean New Mexico gross receipts tax. Q. “Intellectual Property” shall mean any and all proprietary information developed pursuant to

the terms of this Agreement. R. “Independent Verification and Validation (“IV&V”)” shall mean the process of evaluating a

Project and the Project’s product to determine compliance with specified requirements and the process of determining whether the products of a given development phase fulfill the requirements established during the previous stage, both of which are performed by an entity independent of the Procuring Agency.

S. “Know How” shall mean all technical information and knowledge including, but not limited to, all documents, computer storage devices, drawings, flow charts, plans, proposals, records, notes, memoranda, manuals and other tangible items containing, relating or causing the enablement of any Intellectual Property developed under this Agreement.

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T. “Payment Invoice” shall mean a detailed, certified and written request for payment of Services by and rendered from the Contractor to the Procuring Agency. Payment Invoice(s) must contain the fixed price Deliverable cost and identify the Deliverable for which the Payment Invoice is submitted.

U. “Performance Bond” shall mean a surety bond which guarantees that the Contractor will fully perform the Contract and guarantees against breach of contract.

V. “Project” shall mean a temporary endeavor undertaken to solve a well-defined goal or objective with clearly defined start and end times, a set of clearly defined tasks, and a budget. The Project terminates once the Project scope is achieved and the Project approval is given by the Executive Level Representative and verified by the Procuring Agency CIO to the DoIT. If applicable, under the terms of this Agreement the Project is [Insert Name of Project, if applicable; otherwise delete sentence].

W. “Project Manager” shall mean a Qualified person from the Procuring Agency responsible for the application of knowledge, skills, tools, and techniques to the Project activities to meet the Project requirements from initiation to close. Under the terms of this Agreement, the Project Manager shall be [Insert Name] or his/her Designated Representative.

X. “Qualified” means demonstrated experience performing activities and tasks with Projects. Y. “Quality Assurance” shall mean a planned and systematic pattern of all actions necessary to

provide adequate confidence that a Deliverable conforms to established requirements, customer needs, and user expectations.

Z. “Services” shall mean the tasks, functions, and responsibilities assigned and delegated to the Contractor under this Agreement.

AA. "State Purchasing Agent (SPA)" shall mean the State Purchasing Agent for the State of New Mexico or his/her Designated Representative.

BB. “State Purchasing Division (SPD)” shall mean the State Purchasing Division of the General Services Department for the State of New Mexico.

CC. “Software” shall mean all operating system and application software used by the Contractor to provide the Services under this Agreement.

DD. “Software Maintenance” shall mean the set of activities which result in changes to the originally Accepted (baseline) product set. These changes consist of corrections, insertions, deletions, extensions, and Enhancements to the baseline system.

EE. “Source Code” shall mean the human-readable programming instructions organized into sets of files which represent the business logic for the application which might be easily read as text and subsequently edited, requiring compilation or interpretation into binary or machine-readable form before being directly useable by a computer.

FF. “Turnover Plan” means the written plan developed by the Contractor and approved by the Procuring Agency in the event that the work described in this Agreement transfers to another vendor or the Procuring Agency.

ARTICLE 2 – SCOPE OF WORK

A. Scope of Work. The Contractor shall perform the work as outlined in Exhibit A, attached hereto and incorporated herein by reference.

B. Performance Measures. The Contractor shall substantially perform to the satisfaction of the

Procuring Agency the Performance Measures set forth in Exhibit A. In the event the Contractor fails to obtain the results described in Exhibit A, the Procuring Agency may provide

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written notice to the Contractor of the Default and specify a reasonable period of time in which the Contractor shall advise the Procuring Agency of specific steps it will take to achieve these results and the proposed timetable for implementation. Nothing in this Section shall be construed to prevent the Procuring Agency from exercising its rights pursuant to Article 6 or Article 16.

C. Schedule. The Contractor shall meet the due dates, as set forth in Exhibit A, which due dates

shall not be altered or waived by the Procuring Agency without prior written approval, through the Amendment process, as defined in Article 25.

D. License. [CHOICE #1 – If a software license is required, use the following language.] Contractor hereby grants Procuring Agency a [CHOICE #2- If a perpetual license is required, use the following language] non-exclusive, irrevocable, perpetual license to use, modify, and copy the following Software: [Insert name of software and patent number if applicable] [CHOICE #3- If the license is required for the term of the Agreement, use the following language] non-exclusive, irrevocable, license to use, modify, and copy the [Insert name of Software and patent number if applicable] Software and any and all updates, corrections and revisions as defined in Article 2 and Exhibit A, for the term of this Agreement.

The right to copy the Software is limited to the following purposes: archival, backup and training. All archival and backup copies of the Software are subject to the provisions of this Agreement, and all titles, patent numbers, trademarks, copyright and other restricted rights notices shall be reproduced on any such copies.

1. Contractor agrees to maintain, at Contractor’s own expense, a copy of the Software

Source Code to be kept by an escrow agent and to list the Procuring Agency as an authorized recipient of this Source Code. The Source Code shall be in magnetic form on media specified by the Procuring Agency. The escrow agent shall be responsible for storage and safekeeping of the magnetic media. Contractor shall replace the magnetic media no less frequently than every six (6) months to ensure readability and to preserve the Software at the current revision level. Included with the media shall be all associated documentation which will allow the Procuring Agency to top load, compile and maintain the software in the event of a Breach.

2. If the Contractor ceases to do business or ceases to support this Project or Agreement

and it does not make adequate provision for continued support of the Software it provided the Procuring Agency; or, if this Agreement is terminated, or if the Contractor Breaches this Agreement, the Contractor shall make available to the Procuring Agency: 1) the latest available Software program Source Code and related documentation meant for the Software provided or developed under this Agreement by the Contractor and listed as part of the Services; 2) the Source Code and compiler/utilities necessary to maintain the system; and, 3) related documentation for Software developed by third parties to the extent that the Contractor is authorized to disclose such Software. In such circumstances, Procuring Agency shall have an unlimited right to use, modify and copy the Source Code and documentation.

[CHOICE #3 – Not Applicable. The Parties agree there is no License.]

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E. Source Code. [CHOICE #1 – If for a maintenance and operations contract, use the following

language.] The Contractor shall deliver any and all software developed as a result of maintenance releases by the Contractor. The Application Deployment Package must be able to reproduce a fully operational application that includes all base application functionality, all cumulative release functionality and including the functionality, as documented, verified and supported by the Contractor, which comprises the new application release.

[CHOICE #2 – If Contractor will hold software in escrow, use the following language.] For each maintenance release, the Application Deployment Package shall be updated and shall be kept by an identified escrow agent at the Contractor’s expense. The Application Deployment Package shall be in magnetic or digital form on media specified by the Procuring Agency. The escrow agent shall be responsible for storage and safekeeping of the storage media. The Procuring Agency shall be listed with said escrow agent as an authorized recipient of the storage media which shall contain the most recent application maintenance release deployment package. [CHOICE #3 – If Contractor will not hold software in escrow, use the following language.] For each maintenance release, the Application Deployment Package shall be updated and shall be delivered to the Procuring Agency’s at the Contractor’s expense. The Application Deployment Package shall be in magnetic or digital form on media specified by the Procuring Agency and shall be updated with each new application release deployment package at the Contractor’s expense. [CHOICE #4 – Not Applicable. The Parties agree there is no Source Code.]

F. The Procuring Agency’s Rights.

1. Rights to Software. [CHOICE #1 – If the Procuring Agency has right to the Software, use the following language. - The Procuring Agency will own all right, title, and interest in and to the Procuring Agency’s Confidential Information, and the Deliverables, provided by the Contractor, including without limitation the specifications, the work plan, and the Custom Software, except that the Deliverables will not include third party software and the associated documentation for purposes of this Section. The Contractor will take all actions necessary and transfer ownership of the Deliverables to the Procuring Agency, without limitation, the Custom Software and associated Documentation on Final Acceptance or as otherwise provided in this Agreement.] [CHOICE #2 – Not Applicable. The Parties agree the Procuring Agency does not have rights to the Software.]

2. Proprietary Rights. The Contractor will reproduce and include the State of New Mexico’s copyright and other proprietary notices and product identifications provided by the Contractor on such copies, in whole or in part, or on any form of the Deliverables.

3. Rights to Data. [CHOICE #1 – If the Procuring Agency has right to the data, use the following language - Any and all data stored on the Contractor’s servers or within the Contractors custody, in order to execute this Agreement, is the sole property of the Procuring Agency. The Contractor, subcontractor(s), officers, agents and assigns shall not make use of, disclose, sell, copy or reproduce the Procuring Agency’s data in any manner, or provide to any entity or person outside of the Procuring Agency without the

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express written authorization of the Procuring Agency. [CHOICE #2 – Not Applicable. The Parties agree the Procuring Agency does not have rights to the data.]

ARTICLE 3 - COMPENSATION

A. Compensation Schedule. The Procuring Agency shall pay to the Contractor based upon fixed prices for each Deliverable, per the schedule outlined in Exhibit A, less retainage, if any, as identified in Paragraph D.

B. Payment. The total compensation under this Agreement shall not exceed [Insert Dollar

Amount] [CHOICE #1- excluding New Mexico gross receipts tax. CHOICE #2 - including New Mexico gross receipts tax.] This amount is a maximum and not a guarantee that the work assigned to be performed by Contractor under this Agreement shall equal the amount stated herein. The Parties do not intend for the Contractor to continue to provide Services without compensation when the total compensation amount is reached. Contractor is responsible for notifying the Procuring Agency when the Services provided under this Agreement reach the total compensation amount. In no event will the Contractor be paid for Services provided in excess of the total compensation amount without this Agreement being amended in writing prior to services, in excess of the total compensation amount being provided. [Use if a state price agreement is the procurement method] Compensation for a statewide price agreement shall not exceed $200,000.00 per year. Contractor hereby agrees to perform work at or below the published maximum rates of the statewide price agreement as follows:

o [Insert professional service category(s) and define rate(s). ] Payment shall be made upon Acceptance of each Deliverable according to Article 4 and upon the receipt and Acceptance of a detailed, certified Payment Invoice. Payment will be made to the Contractor's designated mailing address. In accordance with Section 13-1-158 NMSA 1978, payment shall be tendered to the Contractor within thirty (30) days of the date of written certification of Acceptance. All Payment Invoices MUST BE received by the Procuring Agency no later than fifteen (15) days after the termination of this Agreement. Payment Invoices received after such date WILL NOT BE PAID.

C. Taxes. [CHOICE #1- Use if Agreement is between two public entities - Not Applicable -

contract is between two public entities.] [CHOICE #2 – The Contractor [Use either - shall OR shall not] be reimbursed by the Procuring Agency for applicable New Mexico gross receipts taxes, excluding interest or penalties assessed on the Contractor by any authority. The payment of taxes for any money received under this Agreement shall be the Contractor's sole responsibility and should be reported under the Contractor's Federal and State tax identification number(s). Contractor and any and all subcontractors shall pay all Federal, state and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall require all subcontractors to hold the Procuring Agency harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal and/or state and local laws and regulations and any other costs, including transaction privilege taxes, unemployment

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compensation insurance, Social Security and Worker’s Compensation. ]

D. Retainage. [CHOICE #1 - The Procuring Agency shall retain [INSERT percentage which is recommended at - twenty percent (20%)] of the fixed-price Deliverable cost for each Deliverable that is the subject of this Agreement as security for full performance of this Agreement. All amounts retained shall be released to the Contractor upon Acceptance of the final Deliverable.] [CHOICE #2 – Not Applicable – The Parties agree there is no retainage.]

E. Performance Bond. [CHOICE #1- If the amount of the Agreement exceeds $1Million OR, if the Agreement is for custom developed software/application, OR Commercial Off the Shelf (COTS) software with greater than 20% Enhancement, OR for any other critical project execution concerns, use the following language.] Contractor shall execute and deliver to Procuring Agency, contemporaneously with the execution of this Agreement, a Performance Bond in the amount of [Insert Total Amount of agreed upon Performance Bond] in the name of the Procuring Agency. The Performance Bond shall be in effect for the duration of this Agreement and any renewals thereof. The required Performance Bond shall be conditioned upon and for the full performance, Acceptance and actual fulfillment of each and every Deliverable, term, condition, provision, and obligation of the Contractor arising under this Agreement. The Procuring Agency’s right to recover from the Performance Bond shall include all costs and damages associated with the transfer of Services provided under this Agreement to another Contractor or to the State of New Mexico as a result of Contractor’s failure to perform. [CHOICE #2 – Not Applicable. The Parties agree there is no Performance Bond.]

ARTICLE 4 – ACCEPTANCE

A. Submission. Upon completion of agreed upon Deliverables as set forth in Article 2 and Exhibit A, Contractor shall submit a Payment Invoice with the Deliverable, or description of the Deliverable, to the Procuring Agency. Each Payment Invoice shall be for the fixed Deliverable price as set forth in Article 2 and Exhibit A, less retainage as set forth in Article 3(D).

B. Acceptance. In accord with Section 13-1-158 NMSA 1978, the Executive Level

Representative shall determine if the Deliverable provided meets specifications. No payment shall be made for any Deliverable until the individual Deliverable that is the subject of the Payment Invoice has been Accepted, in writing, by the Executive Level Representative. In order to Accept the Deliverable, the Executive Level Representative, in conjunction with the Project Manager, will assess the Quality Assurance level of the Deliverable and determine, at a minimum, that the Deliverable: 1. Complies with the Deliverable requirements as defined in Article 2 and Exhibit A; 2. Complies with the terms and conditions of the [CHOICE #1- RFP] [CHOICE #2 –

state price agreement] [CHOICE #3 - Sole Source] [CHOICE #4 – other procurement method of (please specify)];

3. Meets the performance measures for the Deliverable(s) and this Agreement; 4. Meets or exceeds the generally accepted industry standards and procedures for the

Deliverable(s); and 5. Complies with all the requirements of this Agreement.

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If the Deliverable is deemed Acceptable under Quality Assurance by the Executive Level Representative or their Designated Representative, the Executive Level Representative will notify the Contractor of Acceptance, in writing, within [INSERT # of days - recommend at not less than fifteen (15)] Business Days from the date the Executive Level Representative receives the Deliverable(s) and accompanying Payment Invoice.

C. Rejection. Unless the Executive Level Representative gives notice of rejection within the

fifteen (15) Business Day Acceptance period, the Deliverable will be deemed to have been Accepted. If the Deliverable is deemed unacceptable under Quality Assurance, fifteen (15) Business Days from the date the Executive Level Representative receives the Deliverable(s) and accompanying Payment Invoice, the Executive Level Representative will send a consolidated set of comments indicating issues, unacceptable items, and/or requested revisions accompanying the rejection. Upon rejection and receipt of comments, the Contractor will have ten (10) Business Days to resubmit the Deliverable to the Executive Level Representative with all appropriate corrections or modifications made and/or addressed. The Executive Level Representative will again determine whether the Deliverable(s) is Acceptable under Quality Assurance and provide a written determination within fifteen (15) Business Days of receipt of the revised or amended Deliverable. If the Deliverable is once again deemed unacceptable under Quality Assurance and thus rejected, the Contractor will be required to provide a remediation plan that shall include a timeline for corrective action acceptable to the Executive Level Representative. The Contractor shall also be subject to all damages and remedies attributable to the late delivery of the Deliverable under the terms of this Agreement and available at law or equity. In the event that a Deliverable must be resubmitted more than twice for Acceptance, the Contractor shall be deemed as in breach of this Agreement. The Procuring Agency may seek any and all damages and remedies available under the terms of this Agreement and available at law or equity. Additionally, the Procuring Agency may terminate this Agreement.

ARTICLE 5 – TERM

[CHOICE #1- If the Agreement is based on a state price agreement and is for professional services only OR it is for a combination of professional services and tangible property/services, use the following language] THIS AGREEMENT SHALL NEITHER BE EFFECTIVE NOR BINDING UNTIL APPROVED BY THE DoIT AND DFA/CRB. [CHOICE #2- If the Agreement is based on a state price agreement and is only for tangible property and/or services, use the following language] THIS AGREEMENT SHALL NEITHER BE EFFECTIVE NOR BINDING UNTIL APPROVED BY THE DoIT. [CHOICE #3- If the Agreement is NOT based on a state price agreement and is for professional services only, use the following language] THIS AGREEMENT SHALL NEITHER BE EFFECTIVE NOR BINDING UNTIL APPROVED BY THE DoIT AND DFA/CRB. [CHOICE #4- If the Agreement is NOT based on a state price agreement and is for only tangible property and does not include professional services, use the following language] THIS AGREEMENT SHALL NEITHER BE EFFECTIVE NOR BINDING UNTIL APPROVED BY THE DoIT AND THE STATE PURCHASING AGENT.

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[CHOICE #5- If the Agreement is NOT based on a state price agreement and is for both professional services and tangible property/services, use the following language] THIS AGREEMENT SHALL NEITHER BE EFFECTIVE NOR BINDING UNTIL APPROVED BY THE DoIT AND THE STATE PURCHASING AGENT. This Agreement shall terminate on [Insert Termination Date], unless terminated pursuant to Article 6. No contract term, including extensions and renewals, shall not exceed four years, except as set forth in Section 13-1-150 NMSA 1978.

ARTICLE 6 – TERMINATION

This Agreement may be terminated as follows: A. General. By the either Party upon written notice to be delivered to the other party not less than

ten (10) Business Days prior to the intended date of termination. B. Appropriations. By the Procuring Agency, if required by changes in State or federal law, or

because of court order, or because of insufficient appropriations made available by the United States Congress and/or the New Mexico State Legislature for the performance of this Agreement. The Procuring Agency’s decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. If the Procuring Agency terminates this Agreement pursuant to this subsection, the Procuring Agency shall provide the Contractor written notice of such termination at least fifteen (15) Business Days prior to the effective date of the termination.

C. Obligations and Waiver. By termination pursuant to this Article, neither Party may nullify

obligations already incurred for performance or failure to perform prior to the date of termination. THIS ARTICLE IS NOT EXCLUSIVE AND DOES NOT CONSTITUTE A WAIVER OF ANY OTHER LEGAL RIGHTS AND REMEDIES AFFORDED THE PROCURING AGENCY AND THE STATE OF NEW MEXICO CAUSED BY THE CONTRACTOR’S DEFAULT OR BREACH OF THIS AGREEMENT.

ARTICLE 7 – TERMINATION MANAGEMENT

A. Contractor. In the event this Agreement is terminated for any reason, or upon expiration, and in addition to all other rights to property set forth in this Agreement, the Contractor shall:

1. Transfer, deliver, and/or make readily available to the Procuring Agency property in

which the Procuring Agency has a financial interest and any and all data, Know How, Intellectual Property, inventions or property of the Procuring Agency;

2. Incur no further financial obligations for materials, Services, or facilities under the Agreement without prior written approval of the Procuring Agency;

3. Terminate all purchase orders or procurements and any subcontractors and cease all work, except as the Procuring Agency may direct, for orderly completion and transition;

4. Take such action as the Procuring Agency may direct, for the protection and

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preservation of all property and all records related to and required by this Agreement; 5. Agree that the Procuring Agency is not liable for any costs arising out of termination

and that the Procuring Agency is liable only for costs of Deliverables Accepted prior to the termination of the Agreement;

6. Cooperate fully in the closeout or transition of any activities to permit continuity in the administration of Procuring Agency’s programs;

7. In the event that this Agreement is terminated due to the Contractor’s course of performance, negligence or willful misconduct and that course of performance, negligence, or willful misconduct results in reductions in the Procuring Agency’s receipt of program funds from any governmental agency, the Contractor shall remit to the Procuring Agency the full amount of the reduction;

8. Should this Agreement terminate due to the Contractor's Default, the Contractor shall reimburse the Procuring Agency for all costs arising from hiring new Contractor/subcontractors at potentially higher rates and for other costs incurred;

9. In the event this Agreement is terminated for any reason, or upon its expiration, the Contractor shall develop and submit to the Procuring Agency for approval an Agreement Turnover Plan at least ten (10) Business Days prior to the effective date of termination. Such Turnover Plan shall describe the Contractor’s policies and procedures that will ensure: (1) the least disruption in the delivery of Services during the transition to a substitute vendor; and (2) cooperation with the Procuring Agency and the substitute vendor in transferring information and Services. The Turnover Plan shall consist of the orderly and timely transfer of files, data, computer software, documentation, system turnover plan, Know How, Intellectual Property and other materials, whether provided by the Procuring Agency or created by the Contractor under this Agreement, to the Procuring Agency, including but not limited to, user manuals with complete documentation, functional technical descriptions of each program and data flow diagrams. At the request of the Procuring Agency, the Contractor shall provide to the Procuring Agency a copy of the most recent versions of all files, software, Know How, Intellectual Property and documentation, whether provided by the Procuring Agency or created by the Contractor under this Agreement.

B. Procuring Agency. In the event this Agreement is terminated for any reason, or upon

expiration, and in addition to all other rights to property set forth in this Agreement, the Procuring Agency shall: 1. Retain ownership of all work products and documentation created pursuant to this

Agreement; and 2. Pay the Contractor all amounts due for Services Accepted prior to the effective date of

such termination or expiration.

ARTICLE 8 – INDEMNIFICATION A. General. [Delete if the Agreement is between two public entities - The Contractor shall defend,

indemnify and hold harmless the Procuring Agency, the State of New Mexico and its employees from all actions, proceedings, claims, demands, costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents, during the time when the Contractor,

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its officer, agent, employee, servant or subcontractor thereof has or is performing Services pursuant to this Agreement. In the event that any action, suit or proceeding related to the Services performed by the Contractor or any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable, but no later than two (2) Business Days after it receives notice thereof, notify, by certified mail, the legal counsel of the Procuring Agency, the Risk Management Division of the New Mexico General Services Department, and the DoIT.]

[Use if the Agreement is between two public entities - Neither party shall be responsible for liability incurred as a result of the other Party’s acts or omissions in connection with this Agreement. Any liability incurred in connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims Act, Sections 41-4-1, et seq.]

B. [Delete if the Agreement is between two public entities - The indemnification obligation under

this Agreement shall not be limited by the existence of any insurance policy or by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor, and shall survive the termination of this Agreement. Money due or to become due to the Contractor under this Agreement may be retained by the Procuring Agency, as necessary, to satisfy any outstanding claim that the Procuring Agency may have against the Contractor.]

ARTICLE 9 – INTELLECTUAL PROPERTY [CHOICE #1 – If purchasing only IT hardware/equipment, use the following language - Not Applicable. The Parties agree there is no Intellectual Property.] A. Ownership. [CHOICE #2 - Use this provision if Procuring Agency is to own the Intellectual

Property] Any and all Intellectual Property, including but not limited to copyright, patentable inventions, patents, trademarks, trade names, service marks, and/or trade secrets created or conceived pursuant to, or as a result of, performance of this Agreement, shall be work made for hire and the Procuring Agency shall be considered the creator and owner of such Intellectual Property. Any and all Know How created or conceived pursuant to, or as a result of, performance of this Agreement, shall be work made for hire and the Procuring Agency shall be considered the creator and owner of such Know How. The Procuring Agency shall own the entire right, title and interest to the Intellectual Property and Know How worldwide, and, other than in the performance of this Agreement, the Contractor, subcontractor(s), officers, agents and assigns shall not make use of, or disclose the Intellectual Property and Know How to any entity or person outside of the Procuring Agency without the express written authorization of the Procuring Agency. Contractor shall notify the Procuring Agency, within fifteen (15) Business Days, of the creation of any Intellectual Property by it or its subcontractor(s). Contractor, on behalf of itself and any subcontractor(s), agrees to execute any and all document(s) necessary to assure that ownership of the Intellectual Property vests in the Procuring Agency and shall take no affirmative actions that might have the effect of vesting all or part of the Intellectual Property in any entity other than the Procuring Agency. If, by judgment of a court of competent jurisdiction, Intellectual Property or Know How are not deemed to be created or owned by the Procuring Agency, Contractor hereby acknowledges and agrees to grant to the Procuring Agency and the State of New Mexico, a perpetual, non-

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exclusive, royalty free license to reproduce, publish, use, copy and modify the Intellectual Property and Know How. [CHOICE #3- If the Contractor will own the Intellectual Property then delete the above language and insert the following language.] Contractor hereby acknowledges and grants to the Procuring Agency and the State of New Mexico, a perpetual, non-exclusive, royalty free license to reproduce, publish, use, copy and modify the Intellectual Property and Know How created or conceived pursuant to, or as a result of, performance of this Agreement.

ARTICLE 10 – INTELLECTUAL PROPERTY INDEMNIFICATION

A. Intellectual Property Indemnification. The Contractor shall defend, at its own expense, the Procuring Agency, the State of New Mexico and/or any other State of New Mexico body against any claim that any product or service provided under this Agreement infringes any patent, copyright or trademark, and shall pay all costs, damages and attorney’s fees that may be awarded as a result of such claim. In addition, if any third party obtains a judgment against the Procuring Agency based upon Contractor’s trade secret infringement relating to any product or Services provided under this Agreement, the Contractor agrees to reimburse the Procuring Agency for all costs, attorneys’ fees and the amount of the judgment. To qualify for such defense and/or payment, the Procuring Agency shall: 1. Give the Contractor written notice, within forty-eight (48) hours, of its notification of

any claim; 2. Work with the Contractor to control the defense and settlement of the claim; and 3. Cooperate with the Contractor, in a reasonable manner, to facilitate the defense or

settlement of the claim.

B. Procuring Agency Rights. If any product or service becomes, or in the Contractor’s opinion is likely to become, the subject of a claim of infringement, the Contractor shall, at its sole expense: 1. Provide the Procuring Agency the right to continue using the product or service and

fully indemnify the Procuring Agency against all claims that may arise out of the Procuring Agency’s use of the product or service;

2. Replace or modify the product or service so that it becomes non-infringing; or 3. Accept the return of the product or service and refund an amount equal to the value of

the returned product or service, less the unpaid portion of the purchase price and any other amounts, which are due to the Contractor. The Contractor’s obligation will be void as to any product or service modified by the Procuring Agency to the extent such modification is the cause of the claim.

ARTICLE 11 - WARRANTIES

A. General. The Contractor hereby expressly warrants the Deliverable(s) as being correct and compliant with the terms of this Agreement, Contractor’s official published specification and technical specifications of this Agreement and all generally accepted industry standards. This warranty encompasses correction of defective Deliverable(s) and revision of the same, as necessary, including deficiencies found during testing, implementation, or post-implementation

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phases. B. Software.[CHOICE #1- Use if only purchasing or developing software ] The Contractor

warrants that any software or other products delivered under this Agreement shall comply with the terms of this Agreement, Contractor’s official published specification(s) and technical specifications of this Agreement and all generally accepted industry standards. The Contractor further warrants that the software provided under this Agreement will meet the applicable specifications for [INSERT # of years - recommend 6mo.-2yrs.] years after Acceptance by the Executive Level Representative and implementation by the Procuring Agency. If the software fails to meet the applicable specifications during the warranty period, the Contractor will correct the deficiencies, at no additional cost to the Procuring Agency, so that the software meets the applicable specifications. [CHOICE #2 – Not Applicable. The Parties agree there is no Software.]

ARTICLE 12 – CONTRACTOR PERSONNEL

A. Key Personnel. Contractor’s key personnel shall not be diverted from this Agreement without the prior written approval of the Procuring Agency. Key personnel are those individuals considered by the Procuring Agency to be mandatory to the work to be performed under this Agreement. Key personnel shall be:

[Insert Contractor Staff Name(s)] B. Personnel Changes. Replacement of any personnel shall be made with personnel of equal

ability, experience, and qualification and shall be approved by the Procuring Agency. For all personnel, the Procuring Agency reserves the right to require submission of their resumes prior to approval. If the number of Contractor’s personnel assigned to the Project is reduced for any reason, Contractor shall, within ten (10) Business Days of the reduction, replace with the same or greater number of personnel with equal ability, experience, and qualifications, subject to Procuring Agency approval. The Procuring Agency, in its sole discretion, may approve additional time beyond the ten (10) Business Days for replacement of personnel. The Contractor shall include status reports of its efforts and progress in finding replacements and the effect of the absence of the personnel on the progress of the Project. The Contractor shall also make interim arrangements to assure that the Project progress is not affected by the loss of personnel. The Procuring Agency reserves the right to require a change in Contractor’s personnel if the assigned personnel are not, in the sole opinion of the Procuring Agency, meeting the Procuring Agency’s expectations.

ARTICLE 13 – STATUS OF CONTRACTOR

[CHOICE #1- Use if only purchasing IT hardware/equipment - Not Applicable.] A. Independent Contractor. The Contractor and its agents and employees are independent

contractors performing professional Services for the Procuring Agency and are not employees of the State of New Mexico. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the State of New Mexico as a result of this Agreement. The Contractor

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acknowledges that all sums received hereunder are personally reportable by it for income tax purposes as self-employment or business income and are reportable for self-employment tax.

B. Subject of Proceedings. Contractor warrants that neither the Contractor nor any officer,

stockholder, director or employee of the Contractor, is presently subject to any litigation or administrative proceeding before any court or administrative body which would have an adverse effect on the Contractor’s ability to perform under this Agreement; nor, to the best knowledge of the Contractor, is any such litigation or proceeding presently threatened against it or any of its officers, stockholders, directors or employees. If any such proceeding is initiated or threatened during the term of this Agreement, the Contractor shall immediately disclose such fact to the Procuring Agency.

ARTICLE 14 - CHANGE MANAGEMENT

A. Changes. Contractor may only make changes or revisions within the Scope of Work as defined by Article 2 and Exhibit A after receipt of written approval by the Executive Level Representative. Such change may only be made to Tasks or Sub-Task as defined in the Exhibit A. Under no circumstance shall such change affect the:

1. Deliverable requirements, as outlined in Exhibit A; 2. Due date of any Deliverable, as outlined in Exhibit A; 3. Compensation of any Deliverable, as outlined in Exhibit A; 4. Agreement compensation, as outlined in Article 3; or 5. Agreement termination, as outlined in Article 5.

B. Change Request Process. In the event that circumstances warrant a change to accomplish the

Scope of Work as described above, a Change Request shall be submitted that meets the following criteria: 1. The Project Manager shall draft a written Change Request for review and approval by

the Executive Level Representative to include: (a) the name of the person requesting the change; (b) a summary of the required change; (c) the start date for the change; (d) the reason and necessity for change; (e) the elements to be altered; and (f) the impact of the change.

2. The Executive Level Representative shall provide a written decision on the Change Request to the Contractor within a maximum of ten (10) Business Days of receipt of the Change Request. All decisions made by the Executive Level Representative are final. Change Requests, once approved, become a part of the Agreement and become binding as a part of the original Agreement.

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ARTICLE 15 – INDEPENDENT VERIFICATION AND VALIDATION

A. If IV&V professional Services are used or required to be used for the Project associated with this Agreement, the Contractor hereby agrees to cooperate with the IV&V vendor. Such cooperation shall include, but is not limited to: 1. Providing the Project documentation; 2. Allowing the IV&V vendor to sit in on the Project meetings; and 3. Supplying the IV&V vendor with any other material as directed by the Project Manager.

B. If this Agreement is for IV&V professional Services then the Contractor agrees to: 1. Submit all reports directly to the Department of Information Technology, Project

Oversight and Compliance Division ([email protected]) according to the DoIT IV&V Reporting Template and Guidelines found on the DoIT website, http://www.doit.state.nm.us/project_templates.html, and copy the Procuring Agency.

2. Use a report format consistent with the current DoIT IV&V Reporting Template and Guidelines found on the DoIT website, http://www.doit.state.nm.us/project_templates.html.

ARTICLE 16 – DEFAULT/BREACH

In case of Default and/or Breach by the Contractor, for any reason whatsoever, the Procuring Agency and the State of New Mexico may procure the goods or Services from another source and hold the Contractor responsible for any resulting excess costs and/or damages, including but not limited to, direct damages, indirect damages, consequential damages, special damages and the Procuring Agency and the State of New Mexico may also seek all other remedies under the terms of this Agreement and under law or equity.

ARTICLE 17 – EQUITABLE REMEDIES

Contractor acknowledges that its failure to comply with any provision of this Agreement will cause the Procuring Agency irrevocable harm and that a remedy at law for such a failure would be an inadequate remedy for the Procuring Agency, and the Contractor consents to the Procuring Agency’s obtaining from a court of competent jurisdiction, specific performance, or injunction, or any other equitable relief in order to enforce such compliance. Procuring Agency’s rights to obtain equitable relief pursuant to this Agreement shall be in addition to, and not in lieu of, any other remedy that Procuring Agency may have under applicable law, including, but not limited to, monetary damages.

ARTICLE 18 - LIABILITY

Contractor shall be liable for damages arising out of injury to persons and/or damage to real or tangible personal property at any time, in any way, if and to the extent that the injury or damage was caused by or due to the fault or negligence of the Contractor or a defect of any equipment provided or installed, provided in whole or in part by the Contractor pursuant to the Agreement. Contractor shall not be liable for damages arising out of, or caused by, alterations made by the Procuring Agency to any equipment or its installation or for losses caused by the Procuring Agency’s fault or negligence.

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Nothing in this Agreement shall limit the Contractor’s liability, if any, to third parties and/or employees of the Procuring Agency or the State of New Mexico, or any remedy that may exist under law or equity in the event a defect in the manufacture or installation of the equipment, or the negligent act or omission of the Contractor, its officers, employees, or agents, is the cause of injury to such person.

ARTICLE 19 – ASSIGNMENT

The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of this Agreement's approval authorities.

ARTICLE 20 – SUBCONTRACTING

A. General Provision. The Contractor shall not subcontract any portion of this Agreement without the prior written approval of the Procuring Agency. No such subcontracting shall relieve the Contractor from its obligations and liabilities under this Agreement, nor shall any subcontracting obligate payment from the Procuring Agency.

B. Responsibility for subcontractors. The Contractor must not disclose Confidential Information

of the Procuring Agency or of the State of New Mexico to a subcontractor unless and until such subcontractor has agreed in writing to protect the confidentiality of such Confidential Information in the manner required of the Contractor under this Agreement.

ARTICLE 21 – RELEASE

The Contractor’s Acceptance of final payment of the amount due under this Agreement shall operate as a release of the Procuring Agency, its officers and employees, and the State of New Mexico from all liabilities, claims and obligations whatsoever arising from or under this Agreement.

ARTICLE 22 – CONFIDENTIALITY

Any Confidential Information provided to the Contractor by the Procuring Agency or, developed by the Contractor based on information provided by the Procuring Agency in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the Procuring Agency. Upon termination of this Agreement, Contractor shall deliver all Confidential Information in its possession to the Procuring Agency within thirty (30) Business Days of such termination. Contractor acknowledges that failure to deliver such Confidential Information to the Procuring Agency will result in direct, special and incidental damages.

ARTICLE 23 –CONFLICT OF INTEREST

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The Contractor warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or Services required under the Agreement. The Contractor certifies that the requirements of the Governmental Conduct Act, Sections 10-16-1 through 10-16-18, NMSA 1978, regarding contracting with a public officer, state employee or former state employee have been followed.

ARTICLE 24 - RECORDS AND AUDIT

A. The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature and cost of Services rendered during this Agreement’s term and effect and retain them for a period of [Insert # of years, minimum is - three (3) years] from the date of final payment under this Agreement. The records shall be subject to inspection by the Procuring Agency, CIO, SPA, and DFA and the New Mexico State Auditor’s Office. The Procuring Agency shall have the right to audit billings both before and after payment. Payment for Services under this Agreement shall not foreclose the right of the Procuring Agency to recover excessive or illegal payments.

ARTICLE 25 - AMENDMENT

This Agreement shall not be altered, changed, or amended except by an instrument in writing executed by the Parties hereto. No amendment shall be effective or binding unless approved by all of the approval authorities. Amendments are required for the following:

1. Deliverable requirements, as outlined in Exhibit A; 2. Due Date of any Deliverable, as outlined in Exhibit A; 3. Compensation of any Deliverable, as outlined in Exhibit A; 4. Agreement Compensation, as outlined in Article 3; or 5. Agreement termination, as outlined in Article 5.

ARTICLE 26 – NEW MEXICO EMPLOYEES HEALTH COVERAGE

A. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

B. Contractor agrees to maintain a record of the number of employees who have (a) accepted

health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Contractor agrees to advise all employees of the availability of State publicly financed health

care coverage programs by providing each employee with, as a minimum, the following web site link to additional information: http://insurenewmexico.state.nm.us/.

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D. For Indefinite Quantity, Indefinite Delivery contracts (state price agreements without specific

limitations on quantity and providing for an indeterminate number of orders to be placed against it); Contractor agrees these requirements shall apply the first day of the second month after the Contractor reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.

ARTICLE 27 – NEW MEXICO EMPLOYEES PAY EQUITY REPORTING

A. The Contractor agrees if it has ten (10) or more New Mexico employees OR eight (8) or more employees in the same job classification, at any time during the term of this Agreement, to complete and submit the PE10-249 form on the annual anniversary of the initial report submittal for Agreements up to one (1) year in duration. If Contractor has (250) or more employees Contractor must complete and submit the PE250 form on the annual anniversary of the initial report submittal for Agreements up to one (1) year in duration. For Agreements that extend beyond one (1) calendar year, or are extended beyond one (1) calendar year, Contractor also agrees to complete and submit the PE10-249 or PE250 form, whichever is applicable, within thirty (30) days of the annual Agreements anniversary date of the initial submittal date or, if more than 180 days has elapsed since submittal of the last report, at the completion of the Agreements, whichever comes first. Should Contractor not meet the size requirement for reporting as of the effective date of this Agreement but subsequently grows such that they meet or exceed the size requirement for reporting, Contractor agrees to provide the required report within ninety (90 days) of meeting or exceeding the size requirement. That submittal date shall serve as the basis for submittals required thereafter.

B. Contractor also agrees to levy this requirement on any subcontractor(s) performing more than

ten percent (10%) of the dollar value of this Agreement if said subcontractor(s) meets, or grows to meet, the stated employee size thresholds during the term of this Agreement. Contractor further agrees that, should one or more subcontractor not meet the size requirement for reporting as of the effective date of this Agreement but subsequently grows such that they meet or exceed the size requirement for reporting, Contractor will submit the required report, for each such subcontractor, within ninety (90) calendar days of that subcontractor meeting or exceeding the size requirement. Subsequent report submittals, on behalf of each such subcontractor, shall be due on the annual anniversary of the initial report submittal. Contractor shall submit the required form(s) to the State Purchasing Division of the General Services Department, and other departments as may be determined, on behalf of the applicable subcontractor(s) in accordance with the schedule contained in this paragraph. Contractor acknowledges that this subcontractor requirement applies even though Contractor itself may not meet the size requirement for reporting and be required to report itself.

C. Notwithstanding the foregoing, if this Agreement was procured pursuant to a solicitation, and if

Contractor has already submitted the required report accompanying their response to such solicitation, the report does not need to be re-submitted with this Agreement.

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ARTICLE 28 – MERGER, SCOPE, ORDER OF PRECEDENCE A. Severable. The provisions of this Agreement are severable, and if for any reason, a clause,

sentence or paragraph of this Agreement is determined to be invalid by a court or agency or commission having jurisdiction over the subject matter hereof, such invalidity shall not affect other provisions of this Agreement, which can be given effect without the invalid provision.

B. Merger/Scope/Order. This Agreement incorporates any and all agreements, covenants and

understandings between the Parties concerning the subject matter hereof, and all such agreements, covenants and understanding have been merged into this Agreement. No prior agreement or understanding, verbal or otherwise, of the Parties or their agents or assignees shall be valid or enforceable unless embodied in this Agreement.

ARTICLE 29 – NOTICES

All deliveries, notices, requests, demands or other communications provided for or required by this Agreement shall be in writing and shall be deemed to have been given when sent by registered or certified mail (return receipt requested), when sent by overnight carrier, or upon telephone confirmation by Contractor to the sender of receipt of a facsimile communication that is followed by a mailed hard copy from the sender. Notices shall be addressed as follows:

For PROCURING AGENCY

[Insert: Name of Individual, Position Procuring Agency Name

E-mail Address Telephone Number Mailing Address.]

For CONTRACTOR

[Insert Name of Individual, Position, Company Name, E-mail Address,

Telephone Number, Mailing Address.]

Any change to the Notice individual or the address, shall be effective only in writing.

ARTICLE 30 – GENERAL PROVISIONS A. The Contractor agrees to abide by all federal and state laws and rules and regulations, and

executive orders of the Governor of the State of New Mexico, including but not limited to:

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1. Civil and Criminal Penalties. The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks.

2. Equal Opportunity Compliance. The Contractor agrees to abide by all federal and state laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, the Contractor agrees to assure that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, serious medical condition, spousal affiliation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.

3. Workers Compensation. The Contractor agrees to comply with state laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the Procuring Agency.

B. Applicable Law. The laws of the State of New Mexico shall govern this Agreement. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with Section 38-3-1 (G) NMSA 1978. By execution of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all such lawsuits arising under or out of any term of this Agreement.

C. Waiver. A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless expressed and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights.

D. Headings. Any and all headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. Numbered or lettered provisions, sections and subsections contained herein, refer only to provisions, sections and subsections of this Agreement unless otherwise expressly stated.

ARTICLE 31 - SURVIVAL

The Articles entitled Intellectual Property, Intellectual Property Ownership, Confidentiality, and Warranties shall survive the expiration or termination of this Agreement. Software License and Software Escrow agreements entered into in conjunction with this Agreement shall survive the expiration or termination of this Agreement. [Choice #1 – Other unexpired agreements, promises, or warranties that will survive the termination of this Agreement are: (list here)]

ARTICLE 32 - TIME Calculation of Time. Any time period herein calculated by reference to "days" means calendar days,

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unless Business Days are used; provided, however, that if the last day for a given act falls on a Saturday, Sunday, or a holiday as observed by the State of New Mexico, the day for such act shall be the first day following that is not a Saturday, Sunday, or such observed holiday.

ARTICLE 33 – FORCE MAJEURE

Neither party shall be liable in damages or have any right to terminate this Agreement for any delay or Default in performing hereunder if such delay or Default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

[IF APPLICABLE, ADD ANY PROCURING AGENCY SPECIFIC, GRANT SPECIFIC, OR CONTRACT SPECIFIC ARTICLES STARTING AT THIS POINT.]

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the signature by the required approval authorities below. By: ___________________________ Date: ___________________

[Insert Procuring Agency Cabinet Secretary Name] Secretary of [Insert Agency Name]

By: ___________________________ Date: ___________________________

[Insert Contractor Name] [Insert Title and Company Name]

By: ___________________________ Date: ___________________

[Insert Procuring Agency CIO Name] Chief Information Officer for [Insert Procuring Agency Name]

Approved for legal sufficiency: By: ____________________________ Date: _____________________________

[Insert Procuring Agency General Counsel Name] [Insert Procuring Agency Name] General Counsel

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The records of the Taxation and Revenue Department reflect that the Contractor is registered with the Taxation and Revenue Department of the State of New Mexico to pay gross receipts and compensating taxes: CRS ID Number: ___________________________ By: _______________________ Date: ____________

Taxation & Revenue Department Approved as to information technology contractual specifications and compliance with the Department of Information Technology Act, Chapter 9, Article 27 NMSA 1978 and Executive Orders relating to Information Technology issued by the Governor of the State of New Mexico. By: Date:_________________________

Darryl Ackley, State CIO and Cabinet Secretary Department of Information Technology

This Agreement has been approved by the State Purchasing Agent: By:____________________________ Date:________________________ Purchasing Agent for the State of New Mexico OR This Agreement has been approved by the Department of Finance and Administration, Contracts Review Bureau: By: ____________________________ Date: ________________________ Department of Finance and Administration, Contracts Review Bureau

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EXHIBIT A – SCOPE OF WORK I. Purpose of the Agreement including goals and objectives:

[If applicable – Certified Project Name: name]

II. Performance Measures:

III. Activities.

IV. Deliverables

The following sections describe the required tasks and subtasks to be performed by the Contractor for each Deliverable under the terms of this Agreement. The Contractor must perform each task and/or subtask, but is not limited to performing only the identified task or sub tasks in a given project area. The Parties hereby agree that the Deliverable(s) are the controlling items and that the Contractor’s obligation is to perform and deliver the Deliverable as described in the following sections. [Deliverable samples are provided, but are only samples; the Procuring Agency is to add Deliverables that represent the work that needs to be performed and are traceable by the Procuring Agency. The Procuring Agencies may identify as many Deliverables, with associated tasks and subtasks, as are needed to accomplish the Project goals, objectives, and activities.]

A. Sample Deliverable Number 1 [Insert Name of Deliverable]

Deliverable Name Due Date Compensation

[Insert Name of Deliverable] [Insert Date this Deliverable is due]

• [Insert Total $ Amount] • [Insert Amount less GRT, if

applicable] • [Insert $ Amount less retainage, if

applicable]

Task Item Sub Tasks Description

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[Insert Name of Task or tasks to be performed for each Deliverable.

Sub 1 (through however many subtasks are needed to accomplish Task 1 which leads to the number of Tasks needed to accomplish Deliverable 1.

• [Insert Description] Please use active verbs to identify tasks and subtasks to be performed by the vendor.

• The due dates for the tasks and/or subtasks should be included as a means of assisting the Procuring Agency and Contractor to monitor contract progress.

• Compensation amounts for tasks and/or subtasks can be identified here. The total amount paid for all tasks and/or subtasks performed under this Deliverable should be consistent with the Compensation due for total delivery of the Deliverable.

• The Contractor will bill the Procuring Agency per Deliverable; clear and well defined language will assist the Procuring Agency and Contractor in determining if the Deliverable is met for payment purposes.

A. Deliverable Number n – [Insert name of support Services.]

Deliverable Name Due Date Compensation

[Insert Name of Deliverable]

[Choice #1 – Payment due at the start of the maintenance period Choice #2 - Arrears payment due at the end of the month or quarter]

• [Insert Total $ Amount] • [Insert Amount less GRT, if

applicable] • [Insert $ Amount less retainage, if

applicable]

Task Item Sub Tasks Description

Problem Support

Sub 1 The Contractor shall make technical support personnel available by phone and email on the following schedule: [Such as - Monday through Friday, 8:00A.M. To 5:00P.M., excluding state holidays.]

Sub 2 The Contractor will log requests and provide to the Procuring Agency technical support services for the Software based on the priority levels and problem resolution processes described in the Performance Measures, above.

Sub 3 The Contractor will update documentation (Systems Administration Guide, User Guide, and Product Manual) to reflect changes made to the system as a result of problem resolution.

Sub 4 The Contractor will respond to technical and functional questions about the [Insert Application Name]. Such requests will be assigned a default Priority of [Insert appropriate priority level] unless the Procuring Agency requests a higher priority be assigned to the request.

Monthly Sub 1 The Contractor shall provide or make available online a monthly report on

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Report the activity and status of all logged requests received from the Procuring Agency.

Activities Tracking

Sub 1 Contractor shall maintain a log of requests in a Procuring Agency approved tracking system with a unique number assigned to each Procuring Agency request. The unique number shall be provided by the contractor to Procuring Agency for reference and communication.

Sub 2 The Procuring Agency will assign one of four levels of priority to each request: • Priority 1 is the most severe program error and represents a situation

where mission critical features and functions of the [name of application] are unavailable and no practical alternate mode of operation is available. Priority 1 problems will be corrected or a solution will be provided by Contractor for corrective action within [modify as appropriate - two (2) hours].

• Priority 2 indicates a problem in which certain features and functionality are not available and no practical alternate mode of operation is available. Priority 2 problems will be corrected or a plan will be provided by the Contractor for corrective action within [modify as appropriate - one (1) Business Day(s)].

• Priority 3 is the normal “next-in-line” problem priority assignment. At this level, requests are worked on in the order in which they are received. Priority 3 problems will be corrected or a plan will be provided by Contractor for corrective action within [modify as appropriate - ten (10) Business Days].

• Priority 4 is the Release assignment. At this level, requests are worked on as deemed appropriate by Procuring Agency. Priority 4 issues will be incorporated into specific releases, documented in an Application Deployment Package, which will be scheduled for delivery at the discretion of the Procuring Agency after time and cost estimates are provided by the Contractor and approved by the Agency, if applicable. As such, priority 4 issues will be due at the time the specific Release is delivered.

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APPENDIX C – COST RESPONSE FORM The Offeror’s cost response must include and clearly indicate the cost of the complete system solution, including any support, maintenance, licensing, upgrade expenses and New Mexico gross receipts taxes (and any other taxes that may apply) for the maximum eight-year (including optional extensions) life of the proposed contract. The Offeror must include and clearly describe any and all assumptions regarding the submitted cost data. Eight-Year Total Cost of Ownership (Total 1-8) = Grand Total Cost Using the table on the following pages (also provided separately as an Excel spreadsheet for the Offeror’s convenience), the Offeror must provide in detail all costs (including one-time and recurring costs) for the Offeror’s proposed Motor Vehicle Division Driver and Vehicle System Reengineering Project solution over the potential eight-year contract period (with optional renewals per Section I.F.). The Grand Total Cost from this table will be used for the calculation and award of cost points as described in Section V.B.4 and V.C. on page 112 of this RFP. Please provide additional detailed information, as may be appropriate and helpful in clarifying the Offeror’s cost proposal, in additional pages. Any subtotals carried over to the Eight-Year Total Cost of Ownership table must agree with any corresponding detail pages. Costs shall be calculated on a 12-month contract year basis assuming payments at the end of each 3-month period, and must be all-inclusive, including New Mexico gross receipts tax and any other taxes that may apply. Enter all numbers in thousands (with 000 omitted).

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APPENDIX D

COST ASSUMPTIONS – AGENCY RESOURCES

These cost assumptions are intended to provide a reasonably accurate set of costs that can be applied consistently to each Offeror’s cost proposal, when the Offeror responds to RFP section IV.E.1.25. with “a detailed schedule of all additional resources that must be provided by the Agency, including staff resources as well as hardware, software, any related licenses and physical space, over what specific time periods.”

MVD Staff Resources

Position Hourly cost

Special Projects Manager 47.00

Subject Matter Expert (SME) 30.00

ITD Staff Resources

Position Hourly cost

Senior Application Developer 43.00

Network Specialist 38.00

Database Administrator 38.00

IT Business Analyst 43.00

Contract IT Project Manager (PMP Certified) 140.00

IT Architect 49.00

IT Manager 55.00

Office and Other Space

Type of space Cost/sq ft/mo

Office/cubicle space - 1 person 2.00

Dedicated conference or sandbox space 2.00

Hardware

Specify Virtual Servers required per each of the four (4) environments

Specify Physical Servers required per each of the four (4) environments, including any physical database clusters, or additional AD servers for the Staging environment.

Specify any necessary changes in the network capacity, noting the specific node which must be upgraded.

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Specify SAN space required for the year of implementation and each of the four additional years. Include the cost of the SAN space.

Software

First-time purchase of the MVD System software. Include a separate schedule of all software included in this line item, with notation when this payment will be due in reference to the project schedule.

First-time purchase of the server software. Include a separate schedule, by environment, of all software included in this line item. This must be inclusive of all O/S, VMWare, DB, App Server, and Web Server software needed for the MVD System to be fully functional. Include four years of software support, quoted separately for each type of software.

First-time purchase for any Third Party Software necessary to complete the MVD System installation, by each of the four (4) environments. Include Schedule.

Annual Licensing Fee for the MVD System software, for each of four (4) year, one-year periods, post implementation. Also note whether the annual license fee is due in advance with the software purchase, or immediately post-implementation. Included Schedule.

Annual Licensing fee for any Third Party Software (Development Toolset, Rules Engine, Windows Platform software) necessary for the implementation of overall system in the four (4) environments. Include Schedule.

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APPENDIX E

PAST PERFORMANCE REFERENCE LIST Note: A separate “Reference List” is required for each Entity, including: the Offeror, any Subcontractor(s) and the Project Manager (individual)]. Name of Entity: _________________________________________

Agency name Point of contact

Phone number

Date installed

Awarded cost

1

2

3

4

5

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APPENDIX F - PAST PERFORMANCE SURVEY QUESTIONNAIRE

To: (Name of person completing survey)

Phone: Fax:

Subject: Past Performance Survey of: (Name of Offeror Entity)

(Name of Offeror’s proposed Project Manager) In the course of its current RFP procurement for a Motor Vehicle Division Driver and Vehicle System Reengineering Project, the New Mexico Taxation and Revenue Department seeks to collect past performance information on the Offeror named above. The Offeror has listed you as a client for which it has previously performed work. The Agency appreciates your time in completing this survey. Please rate the Offeror’s performance for each of the criteria below on a scale of 1 to 10, with 10 representing that you were very satisfied and 1 representing that you were very unsatisfied. Please rate each of the criteria to the best of your knowledge. If you do not have sufficient knowledge in a particular area, please leave it blank.

Client Name: Project Name: Date Implemented:

NO CRITERIA UNIT RESPONSE 1 Satisfaction with the staff assigned to the project (1-10) 2 Ability to meet your goals and expectations (1-10) 3 System reliability (1-10) 4 Overall quality of the installed product (1-10) 5 Overall quality of the company’s service (1-10) 6 Overall customer satisfaction (1-10)

Please identify the greatest risks/problems/challenges that were faced or encountered during the delivery of the project, and those faced after the project was complete:

Printed Name (of Evaluator) Signature (of Evaluator)

Thank you for assisting the State of New Mexico in this important endeavor. Please fax the completed survey to: [<<Enter Offeror’s Fax Number>>]

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APPENDIX G - TRANSACTIONS BY TYPE AND CHANNEL

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APPENDIX H

CAMPAIGN CONTRIBUTION DISCLOSURE FORM APPENDIX D, COST ASSUMPTIONS – AGENCY STAFF AND INFRASTRUCTURE RESOURCES

Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law. THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: “Applicable public official” means a person elected to an office or a person appointed to complete a

term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to federal, statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

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“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law.

“Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals.

“Person” means any corporation, partnership, individual, joint venture, association or any other private

legal entity. “Prospective contractor” means a person who is subject to the competitive sealed proposal process

set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract.

“Representative of a prospective contractor” means an officer or director of a corporation, a

member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.

DISCLOSURE OF CONTRIBUTIONS: Contribution Made By: _____________________________________________ Relation to Prospective Contractor: _____________________________________________ Name of Applicable Public Official: _____________________________________________ Date Contribution(s) Made: _____________________________________________ _____________________________________________ Amount(s) of Contribution(s) _____________________________________________ _____________________________________________ Nature of Contribution(s) _____________________________________________ _____________________________________________ Purpose of Contribution(s) _____________________________________________ _____________________________________________ (Attach extra pages if necessary) ____________________________________________ _______________________

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Signature Date ____________________________________________ Title (position)

--OR—

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. ____________________________________________ _______________________ Signature Date ____________________________________________ Title (position)

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APPENDIX I

NEW MEXICO EMPLOYEES HEALTH COVERAGE FORM 1. For all contracts solicited and awarded on or after January 1, 2008: If the offeror has, or grows to,

six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, offeror must agree to:

(a) have in place, and agree to maintain for the term of the contract, health insurance for those

employees and offer that health insurance to those employees no later than July 1, 2008 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed one million dollars or;

(b) have in place, and agree to maintain for the term of the contract, health insurance for those

employees and offer that health insurance to those employees no later than July 1, 2009 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $500,000 dollars or

(c) have in place, and agree to maintain for the term of the contract, health insurance for those

employees and offer that health insurance to those employees no later than July 1, 2010 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

2. Offeror must agree to maintain a record of the number of employees who have (a) accepted health

insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.

3. Offeror must agree to advise all employees of the availability of State publicly financed health

care coverage programs by providing each employee with, as a minimum, the following web site link to additional information http://insurenewmexico.state.nm.us/.

4. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific

limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000, $500,000 or $1,000,000.

Signature of Offeror: _________________________________ Date ___________________

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APPENDIX J

RESIDENT VETERANS’ PREFERENCE CERTIFICATION

_____________________________________________ (NAME OF CONTRACTOR) hereby certifies the following in regard to application of the resident veterans’ preference to this procurement:

Please check one box only

I declare under penalty of perjury that my business prior year revenue starting January 1ending December 31 is less than $1M allowing me the 10% preference discount on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than $1M but less than $5M allowing me the 8% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

I declare under penalty of perjury that my business prior year revenue starting January 1ending December 31 is more than $5M allowing me the 7% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

“I agree to submit a report, or reports, to the State Purchasing Division of the General Services Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31, the following to be true and accurate:

“In conjunction with this procurement and the requirements of this business’ application for a Resident Veteran Business Preference/Resident Veteran Contractor Preference under Sections 13-1-21 or 13-1-22 NMSA 1978, when awarded a contract which was on the basis of having such veterans preference, I agree to report to the State Purchasing Division of the General Services Department the awarded amount involved. I will indicate in the report the award amount as a purchase from a public body or as a public works contract from a public body as the case may be.

“I understand that knowingly giving false or misleading information on this report constitutes a crime.” I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that giving false or misleading statements about material fact regarding this matter constitutes a crime. _________________________________________ ________________________________ (Signature of Business Representative)* (Date) *Must be an authorized signatory for the Business.

The representations made in checking the boxes constitutes a material representation by the business that is subject to protest and may result in denial of an award or unaward of the procurement involved if the statements are proven to be incorrect.

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APPENDIX K

CONFLICT OF INTEREST AFFIDAVIT

STATE OF NEW MEXICO ) ) ss. COUNTY OF SANTA FE ) I, ________________________________ (name), being first duly sworn upon my oath, depose and state the following:

1. I am a former employee of the _________________________ (name of Department/Agency), having separated/retired from state employment as of ______________________ (date).

2. I am a current employee of the _________________________ (name of Department/Agency), or a legislator with the state, or the family member (spouse, parent, child, sibling by consanguinity or affinity) of a current employee or legislator with the state. Being a current employee or legislator or family member of a current employee or legislator of the state, I hereby certify that I obtained this Agreement pursuant to Sections 10-16-7 or 10-16-9 NMSA 1978, that is, in accordance with the Procurement Code except that this Agreement has NOT been awarded via the sole source or small purchase procurement methods.

3. The Department/Agency and I have entered into a agreement in the amount of $_____________.

4. Section 10-16-8.A(1) NMSA 1978 of the Governmental Conduct Act does not apply to this

Agreement because I neither sought a contract with the Department/Agency, nor engaged in any official act which directly resulted in the formation of the Professional Services Agreement while an employee of the Department/Agency.

5. To the best of my knowledge, this Agreement was awarded in compliance with all relevant

provisions of the New Mexico Procurement Code (13-1-28, et. seq., NMSA 1978). FURTHER, AFFIANT SAYETH NOT. _______________________________ name Subscribed and sworn to before me by ____________________________(name of former employee) this _____day of _______, 2005. ____________________ NOTARY PUBLIC My Commission Expires: __________________________

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