bid addendum #1 · re: bidder questions & answers & changes to evt rfp 21312 the following...

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NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT SERVICES GROUP 37th Floor, Mayor Erastus Corning 2nd Tower The Governor Nelson A. Rockefeller Empire State Plaza Albany, NY 12242 BID ADDENDUM #1 RFP NO. 21312 - Electronic Value Transfer (EVT) DESIGNATED CONTACTS: Primary Contact: Nicholas C. Jacobia, Purchasing Officer Telephone No. (518) 473-4651 E-mail: [email protected] Secondary Contact: Kathy McAuley, Team Leader Telephone No. (518) 486-6812 E-mail: [email protected] Additional Contact: Christopher Curtis, EVTA Telephone No. (518) 485-0441 E-mail: [email protected] Date: November 4, 2008 Bid Opening: 12/04/2008 at 11:00 AM (EDT) Contract Period: 5 Years after OSC approval RE: Bidder Questions & Answers & Changes to EVT RFP 21312 The following contains a listing of the questions received from potential bidders and their associated answers as well as language changes to RFP 21312. All bidders shall sign the final page of this document and submit four (4) copies with their bid . THE FOLLOWING LANGUAGE CHANGES ARE HEREBY MADE TO THE SUBJECT RFP: Section I.4 Definitions OO. Non-Qualified Transaction Is changed to read: “A transaction Where one or more of the Qualified conditions were not met, OR the transaction was not electronically authorized, or the authorization response data was not included in the transaction settlement OR the VISA Infinite card was accepted (MOTO – Mail Order/Telephone Order/Internet)” XX. Qualified Transaction Is changed to read: ‘A transaction that meets the following conditions: The credit/debit card's full magnetic stripe is read by the terminal, and a signature is obtained from the cardholder at the time of the transaction (Retail). One electronic authorization request is made per transaction and the transaction date is equal to the shipping date (MOTO –Mail Order/Telephone Order or Internet)..

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Page 1: BID ADDENDUM #1 · RE: Bidder Questions & Answers & Changes to EVT RFP 21312 The following contains a listing of the questions received from potential bidders and their associated

NEW YORK STATE OFFICE OF GENERAL SERVICES

PROCUREMENT SERVICES GROUP 37th Floor, Mayor Erastus Corning 2nd Tower

The Governor Nelson A. Rockefeller Empire State Plaza Albany, NY 12242

BID ADDENDUM #1

RFP NO. 21312 - Electronic Value Transfer (EVT)

DESIGNATED CONTACTS:

Primary Contact:

Nicholas C. Jacobia, Purchasing Officer Telephone No. (518) 473-4651 E-mail: [email protected]

Secondary Contact:

Kathy McAuley, Team Leader Telephone No. (518) 486-6812 E-mail: [email protected]

Additional Contact:

Christopher Curtis, EVTA Telephone No. (518) 485-0441 E-mail: [email protected]

Date: November 4, 2008 Bid Opening: 12/04/2008 at 11:00 AM (EDT) Contract Period: 5 Years after OSC approval RE: Bidder Questions & Answers & Changes to EVT RFP 21312 The following contains a listing of the questions received from potential bidders and their associated answers as well as language changes to RFP 21312. All bidders shall sign the final page of this document and submit four (4) copies with their bid. THE FOLLOWING LANGUAGE CHANGES ARE HEREBY MADE TO THE SUBJECT RFP: Section I.4 Definitions

OO. Non-Qualified Transaction Is changed to read: “A transaction Where one or more of the Qualified conditions were not met, OR the transaction was not electronically authorized, or the authorization response data was not included in the transaction settlement OR the VISA Infinite card was accepted (MOTO – Mail Order/Telephone Order/Internet)”

XX. Qualified Transaction Is changed to read: ‘A transaction that meets the following

conditions: • The credit/debit card's full magnetic stripe is read by the terminal, and a signature is obtained

from the cardholder at the time of the transaction (Retail). • One electronic authorization request is made per transaction and the transaction date is equal to

the shipping date (MOTO –Mail Order/Telephone Order or Internet)..

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• Transaction/purchase date is equal to the electronic authorization date (Retail). • The authorization response data must also be included in the settled transaction (MOTO) • The card that is used is not a commercial (business) credit card (Retail) • The transaction must be authorized and settled under a standard retail industry code. (Retail) • The transaction must be electronically deposited (batch transmitted) no later than 1 day from

transaction/purchase date (Retail). • The transaction is electronically deposited (batch transmitted) on or 1 day after authorization

date (MOTO). • The transaction/shipping date must be within 7 calendar days of authorization date (MOTO). • The authorization amount must match the settled (deposit) amount for the transaction. • The authorization request message must include Address Verification Service (AVS), which

verifies the street address and the zip code of the card holder (MOTO) • The settled transaction must include the business's customer service telephone number, order

number, and total authorized amount (MOTO). • Additional data (sales tax and customer code) is required in the settled transaction on all

commercial (business) cards at non-Travel & Entertainment (T&E) locations. Section II.11: Performance Bid Bonds (Page 14) Language is changed to read as follows: “There is no bid bond for this contract. However, the State requires the Contractor to furnish, without additional cost, a performance bond or Irrevocable Letter of Credit for the faithful performance of the Agreement. Included in the term faithful performance is the Contractor’s continued financial security throughout the term of this Agreement. The performance bond for Contractor under this Agreement will be in the amount of $500,000 with the State as the payee/beneficiary.” The second paragraph is changed to read: No additional performance bond or other equitable form of security can be demanded of the EVT Contractor for work to be completed under this contract. Section III.2 Voluntary Extension of Contract Add a paragraph B as follows: B. The successful bidder may conduct credit evaluations for Non-State entities wishing to use

the contract and deny services to entities that do not meet the bidder’s standard commercial risk qualifications.

Section IV.1.C.5 - Key Personnel and Organizational Resources (Page 23): Modify the last paragraph to read as follows: “The Bidder may not replace identified key personnel without prior written notification to OGS Procurement Services Group (PSG) at the address listed in Section II.1 of this RFP unless terminated for cause or other unforeseeable departure. Any replacement must have equal or greater qualifications and experience than the individual replaced.”

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Section IV.2.A.3.b, ACH Debit Transactions (Page 25): The fifth sentence of the first paragraph is modified to read: “The Bidder or its prospective subcontractor(s) must agree to accept and reformat files received from Authorized Users to the NACHA formats or provide instructions to the Authorized Users on properly formatting files in the NACHA format.” Section VII.1.B Submission of Sealed Proposals, (Page 53) The note between the third and fourth paragraph is changed to read: “Note: If the Bidder is including material designated as confidential/proprietary it should be identified in Part I, Tab # 7.” Section VII.2.I Confidential/Proprietary Information (Tab #7): (Page 54) Final sentence is changed to read: “If there is any material that the Bidder would like to designate as confidential or proprietary, the Bidder must provide the Section reference or the specific text in Part I, Tab #7 of the bid response document.” Please Note: A revised Part II Excel spreadsheet will be provided on the Bid Calendar on the OGS web site. The revised file must be used by all bidders. Attached below are the questions received in writing from potential bidders and the answers as provided by the Office of General Services. These answers are incorporated into this addendum and thereby into the RFP.

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Questions and Answers

Part 1 Response to Section IV

Confirm the correct Bid Opening Date

1. Page 12 of the New York State Request for Proposal main document, Section II.2, Key Events & Dates, states a Bid Opening date of December 4, 2008. In Part 1 Response to Section IV (21312rfp2.doc), the first page states the Bid Opening date is November 13, 2008. The second page of this document, the Bid Proposal Cover Sheet, states a Bid Opening date of December 4, 2008. Please confirm the Bid Opening date (i.e. due date) is December 4, 2008.

The Bid Opening date is December 4, 2008

Section I.1.a Scope & Objectives (page 7) and IV.2.A.1 Types of FSP Services (Page 24) 2. Is the State seeking or mandating that settlement must occur directly from the four card types directly, or may the vendor act as a

go-between to facilitate the desired settlement timelines and requirements of each entity?

The FSP will capture transactions for all card brands, process MasterCard & Visa, forward AmEx and Discover for processing, receive reconciling data from AmEx & Discover and reconcile and report all transactions with the Authorized Users. Please see Section 1.1.a footnote [1].

Section II.2 Key Events and Dates (Page 12)

3. Can Prospective Contractors submit questions through October 16, 2008, and if so, when will answers be provided?

Prospective Contractors were able to submit questions in written form through October 16, 2008. The official answers will be released to all prospective contractors in this written document via the OGS Bidders Notification System.

4. If the contract evaluation is completed on January 30, 2009, will the winning contractor be notified of the award on that date?

Does the winning contractor have until August 4, 2009 to fully implement the required products and services?

Yes, the successful vendor will be notified pending award. The transition process will begin at that time; however, the new contractor will not have to fully implement the required products and services until the August 4, 2009 date.

Section II.11: Performance Bid Bonds (Page 14)

5. Would NYS OGS consider alternatives to the Performance Bond requirement? If the Prospective Contractor is rated A or better by Moody’s, Fitch, and/or Standard & Poor’s, can such financial strength and stability ratings serve as a substitute for the Performance Bond requirement? P.14) Could you please provide some additional detail around the performance bond. Does it need to be posted for the entire contract duration? What are the circumstances under which the State may make a claim against it? The Performance Bond requirement has been lowered to $500,000, additionally an Irrevocable Letter of Credit in the amount of $500,000 may be provided as an alternative to the Performance Bond. The Performance Bond or Irrevocable Letter of Credit is required and must remain in effect throughout the life of the contract. The State may make a claim against the Performance Bond or Irrevocable Letter of Credit if the Contractor fails to perform in accordance with the requirements, terms and conditions of the contract.

6. If a bidder was to put forth a bid that does not comply with the Performance Bond requirement, would they

be deemed non-responsive and disqualified from further consideration?

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Each bidder must agree to supply the Performance Bond or Irrevocable Letter of Credit if awarded

a contract. The Performance Bond or Irrevocable Letter of Credit must be presented at the time of award. Failure to agree to meet the Performance Bond or Irrevocable Letter of Credit requirement is considered non-compliance and will lead to disqualification.

7. The term that allows users of the contract to require additional Performance Bonds if they so desire is extremely challenging because it is impossible to quantify the exposure to the contractor. Would NYS reconsider this term to ensure that an appropriate number of potential bidders can in fact bid? If the Prospective Contractor is rated A or better by Moody’s, Fitch, and/or Standard & Poor’s, can such financial strength and stability ratings serve as a substitute for the Performance Bond requirement?

NYS will strike the 2nd paragraph of section II.11, so the potential for additional performance bonds will no longer be a concern to bidders.

Section II.15 Performance Standards & Payment Credit (Page 15): 8. In our experience, it is atypical for merchant processors to accept liquidated damage and payment credits related to performance

standards. Reluctance to accept these types of provisions is often related to the Contractor's reliance, at least in part, on actions that must be taken by the client or third parties, such as the Card Associations, to meet such performance standards. While we will entertain accepting these provisions, there are some that we cannot accept as presently written. Is the State open to good-faith negotiations on these provisions, or will we be deemed non-compliant?

Liquidated damages are set forth in the current contract and to our understanding have never been assessed. Therefore the State believes the terms are reasonable and provides the necessary protections to ensure timely performance. Exceptions are permitted without being found non-compliant in the first instance. If, after good faith negotiations, the parties are unable to agree on the liquidated terms and conditions, the vendor would be found to be non-responsive.

9. Is the current contractor or sub contractor required to provide collateral for any balances that occur as a

result of processing? a. If so can you describe the process for posting and monitoring collateral required? b. What is the current amount of collateral being held to cover any balances?

The current contractor is not required to provide collateral for balances that occur as a result of processing nor will this be a requirement in the new contract.

Section III.2: Voluntary Extension of Contract (Page 20)

10. Can NYS OGS provide a list of those charitable, educational, and other non-profit/non-public companies which are currently eligible to exercise the Voluntary Extension Provision?

The list consists of approximately 6,000 entities and is updated monthly since it is subject to change. Copies may be obtained electronically by contacting: [email protected]

Section IV.1.B (Page 21) 11. In the Part I doc, the Quantifying Technical Requirements begins with Section IV.1.B.3. In the New York State Request for

Proposal Main Document, Section IV (begins on page 21), there are multiple sections that are omitted from the Part I doc, even

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though they are mandatory sections. For example, Section IV.1.A is missing from the Part I doc, as well as Section IV.1.B.1, Section IV.1.B.2 and Section IV.1.B.4. Should we incorporate these omitted sections (and any others that may be omitted) from the New York State Request for Proposal Main Document, Section IV, into the responses we provide in the Part I doc?

All of the items noted above are listed in the affirmation and the bidder will check to confirm that they have met those listed requirements. No additional documentation or response is required.

Section IV.1.B.1 Authorized Financial Services Processing Provider (Page 21) 12. Is the State and participating agencies/entities currently compliant/certified with the Payment Card Industry (PCI) Data Security

Standards (DSS)?

If not PCI DSS compliant: a. Please explain why. b. What is the expected timeframe for becoming compliant? c. Do you have a plan in place for achieving compliance?

PCI compliance would be determined at the individual agency / authorized user level. This issue could be addressed when reviewing existing hardware with the agency / authorized user. In addition, NYS OGS will inform agencies / authorized users that they should be performing the necessary reviews under the PCI rules to ensure compliance.

Section IV.1.B.1 (page 21) and IV.2.A.1.b, Additional FSP Services Specification, (page 130, paragraph 1) 13. RFP mentions services for Smart Cards. Could you further define the term Smart Card and what services you desire the

contractor to support? Stored Value Cards: – What is the States definition of Stored Value Cards and can you provide further details on the States requirements?

Smart Card is defined in the RFP (Page 11).

Stored Value Card is a Smart card encoded with monetary value.

This question relates to the bidder’s current or potential future offerings and is listed as a desirable rather than a mandatory requirement in this RFP.

Section IV.1.C.5 - Key Personnel and Organizational Resources (Page 23):

14. The State requires that the bidder may not replace identified key personnel without prior written notification to OGS PSG. Employees may be promoted or leave the bidder’s organization during the term of the contract. Therefore it may not be practical for the bidder to notify the State prior to the employee’s departure.

a. Is it acceptable to the State if bidder’s pledge that, whenever a covered key personnel leaves or is reassigned, the newly

assigned employee will have similar experience and background with respect to State’s needs?

Change paragraph to read: “The Bidder may not replace identified key personnel without prior written notification to OGS Procurement Services Group (PSG) at the address listed in Section II.1 of this RFP unless terminated for cause or other unforeseeable departure. Any replacement must have equal or greater qualifications and experience than the individual replaced

Section IV.1.D. Use of Subcontractors (Page 23) 15. This procurement appears to require the services of a Bank and Card Processor. Both parties having a significant portion of the

work. Can you provide the rationale or the concern that has caused the State to insert the language on (P.23) “Bidder may not subcontract FSP services for credit/charge card processing (MasterCard, Visa, Discover, Amex) and Debit card processing”

The majority of the work and responsibility rests with the Card Processor (or FSP), but they must work with a bank for the bank’s membership in the Visa and MasterCard Associations. The current contract was based on the proposal of the FSP, but both the FSP and their associated bank signed the contract.

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16. The language on (P.23) “Bidder may not subcontract FSP services for credit/charge card processing (MasterCard, Visa,

Discover, Amex) and Debit card processing” appears to limit bidders for this procurement.” Elimination of this requirement would allow additional combinations of banks and processors, more lead bidders and greater competition and potentially greater value and lower prices to the State. In addition, there appear to be well defined service standards, penalties and a performance bond to protect the State from any service concerns. Would the State remove the subcontracting restriction from this bid?

No changes have been made to the subcontracting section of the RFP. The concerns in the above questions were not clear and no additional information was provided when requested at the Pre-bid conference.

17. Are there any subcontractors being used in the current contract? If so, what are the names of the subcontractors?

There are subcontractors currently being used. The names of the current subcontractors are Verisign and Authorized.net.

Section IV.2.A.3.a, ACH Credit Transactions (Page 25)

18. What methods of ACH origination do you anticipate will be utilized under this contract (direct transmission of a NACHA formatted file, software or web-based entry by Authorized Users in non-NACHA format with reformatting to NACHA, web-based and IVR based entry by Device Users)? Through which Payment Device are the ACH debit, ACH credit and Wire transactions initiated?

To our knowledge, there is currently only one Agency using ACH on a regular basis. They are using direct transmission of a NACHA formatted file.

19. The proposed bidder (and to our knowledge most, if not all FSP providers) does not reformat files into the NACHA format on behalf of their respective clients. Rather, clients are required to submit files in NACHA format. Can the State clarify this requirement and confirm that the proposed bidder is expected to reformat files into NACHA format on the Authorized User's behalf?

This language shall be changed to read, ”The Bidder or its prospective subcontractor(s) must agree to accept and reformat files received from Authorized Users to the NACHA formats or provide instructions to the Authorized Users on properly formatting files in the NACHA format.”.

20. The State requires “Customer assistance to the Authorized User and their Device Users regarding researching payment

exception/non-reconciliation conditions and other areas required by the Authorized Users.” We understand the State requires that the Bank receive ACH items, and process items the State wishes to reject. Please elaborate on what is meant by payment “exception” and “non-reconciliation” conditions?

a. What is meant by “credit exception”? b. Does an exception refer to an item that was received initially for deposit and /or a rejected/recall item? Or does the term

“credit exception” include handling of other transaction types?

A “payment exception” refers to a transaction which was initiated through the system but does not result in the payment of funds being deposited in the proper authorized user’s account. The term “credit exception” is basically interchangeable with payment exception. A “non-reconciliation condition” is when the total value of transactions initiated does not equal the funds transferred into the Authorized User’s account.

Section IV.2.A.3.b, ACH Debit Transactions (Page 25) 21. Please define ACH check conversion. Which entry class codes are required (POP, ARC, and BOC)?

ACH Check Conversion is the conversion of a paper check into an electronic payment. The routing information on the paper check is read by a check reader and an ACH transfer of funds from the account of the writer of the check to the agency is initiated. There are no Authorized Users currently using this service. It is anticipated that the entry class

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codes that may be required are: POP – Point of Purchase, ARC – Accounts Receivable Entries, BOC – Back Office Conversion, and possibly WEB – Internet initiated entries.

22. Please provide the transaction and dollar volume associated with ACH credit, ACH debit and Wire transactions for the past year.

By what percentage rate have volumes for each category increased historically?

Complete figures are unavailable. Partial figures are found in Table C below.

23. Please provide details (annual dollar volume, annual number of transactions and average transaction amount) on current check volume by participating entity/agency. a. For each entity/agency, are checks received over the counter, via mail or via web? b. Is check activity seasonal for each entity/agency? To our knowledge, no agency is currently accepting ACH debit transactions.

Section IV.2.A.4 (Page 26) 24. Could you please further clarify the need for pre-funding. If collected amounts are posted next day, when do the agencies want

advance funds? Is this a desire for same day credit? Are any agencies receiving pre funding today?

This service is listed as desirable rather than mandatory and it is not anticipated to be in great demand. Not all financial transactions either require or will necessarily have next day posting. The service is requested as desirable as the State wants to be in the best position possible to cover the contingencies that may arise for our Authorized Users. To our knowledge, currently there are no Authorized Users receiving pre-funding.

Section IV.2.A.6b Surcharge and Convenience Fee Rules (Page 27):

25. Are any of the participating entities/agencies charging convenience fees for card acceptance or ACH debit programs today? If

yes, please provide entity/agency name, detailed transaction flow/process and whether or not a third party is involved in collecting the convenience fees.

Has the state received VISA approval for charging convenience fee?

There are no State agencies charging convenience fees. There are non-state entities that charge convenience fees, but the additional information is not tracked by the State and is therefore unavailable at this time. To date the State has not sought nor received approval from Visa to charge convenience fees.

Section IV.2.A.7.a Payment Devices (Page 27) 26. Please provide detail, including name, make, model, version, etc., by agency/entity, of any POS hardware (terminals, printers

and PIN pads), software or web hosting services that are currently being used for credit and debit card transaction processing.

Table C below is the result of a recent survey of Authorized Users. The data is not an all-inclusive responses based on a survey of users as to equipment and software currently in use (see Table 3). This table is to provide as much information as possible to the bidders.

27. Do any of the participating entities plan to continue using any of the current POS hardware, software or the internet gateway

services under the new contract? If yes, how are we expected to interface with these providers/systems?

It is anticipated that Authorized Users may want to continue using their existing hardware. When each Authorized User contacts the new contractor they will provide information about make, model & type of hardware. Wherever possible, the new contractor will be expected to work with the Authorized User to reprogram or install software that will allow the contractor to interface with the Authorized User’s equipment.

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28. What equipment specifications are required for the Self-Service Terminals? Are any such Terminals

presently in use? If so, how many?

To our knowledge, there are no Self-Service terminals in use under the current contract. We are not providing specifications for Self-Service Terminals as they are not an evaluation factor.

Section IV.2.A.7.d (Page 28) 29. What is the purpose of the Authorized User Alpha-Numeric Unique Field for each transaction? Is a transaction code assigned

by the EVT Contractor acceptable?

The Authorized User Alpha-Numeric Unique Field is provided for those Authorized User’s that require an additional way to track and reconcile payments with business transactions. Individual Authorized User’s must decide whether a contractor assigned character string will work for their purposes. It may be necessary for them to develop their own for example to include a cost center code.

Section IV.2.A.8.e: Mandatory Technical Requirement – Memberships, Applications and Setup (Page 30)

30. Please clarify what you mean by ‘Payment Program’ in this section.

Bidder is to list any associations user would be required to join and any requirements to do that.

Section IV.2.A.9 Surcharge and Convenience Fee Rules (Page 31):

31. Please provide the current annual number of credit card chargeback’s (dollars and number of transactions) for each participating

entity/agency or merchant account.

New York State has never tracked this data for state agencies. By law, there is no net billing, all chargebacks must be invoiced for NYS agencies. From experience it is a very small percentage of transactions, much smaller than private industry.

32. How many deposit accounts are currently utilized for settlement of credit/debit card activity, and at which financial institution(s)

do these deposit accounts reside? a. Do you expect any changes to the current deposit account configuration?

There is one account for each NYS agency, we do not have information on the other authorized users. There is no change anticipated with the current deposit account configuration.

33. Are there any entities/agencies utilizing separate deposit accounts for settlement vs. chargeback’s/debits? If yes, please provide

detail.

Currently there are none for NYS agencies; we do not have this information for the other authorized users.

34. For the past year, what is the aggregate monthly average deposit balance that the Authorized Users maintained with the

contractor as a result of this contract?

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There is little or no balance maintained by State Agencies as funds are transferred to the State’s General Fund on nearly a daily basis. Although we do not maintain figures on non-state agencies we believe that they transfer funds to their general accounts in a similar manner.

Section IV.2.A.9.b. Failed ACH Transactions (Page 31)

35. The term “recall request” can have different meanings.

a. Will the State elaborate on the processing required for claim requests?

b. What are common circumstances that would drive the State to reject a payment?

c. Can you offer an approximate volume of such recall requests per month?

A ‘recall request’ is a request initiated by the originator of an ACH payment to have the transaction either stopped or reversed. a. Please see section IV.2.9.a on page 30. b. The State does not reject payments. A rejected payment is usually a result of incorrect routing or insufficient funds. c. The State does not track this information, but high volume Authorized Users indicate very low incidence of this

occurring.

36. The State requires information such as “ACH Credit payment amount and the date and time of authorization and settlement of these payments), transmission frequency and delivery method.”

a. What requirement must be fulfilled to consider a received item “authorized”? b. What is required to authorize an item for receipt? c. Does the State seek an online Positive Pay service, where items are paid or returned on a current day basis? a & b An authorized item is one which is received in the proper NACHA format. c. The requirement in the RFP is to provide the Authorized Users a way to track ACH credit transaction whereas

Positive Pay is a means of authenticating checks.

37. In the following comment, the State refers to a “deduction net billing process”. What is the definition of “deduction net billing”?

What is a “post draft capture refund”? (Page 30)

“Net Billing” and/or “Deduction Net Billing” refer to the process whereby the FSP recoups fees for its services by deducting the fees from the transaction prior to depositing the funds in the Authorized User’s account. This method is prohibited under the NYS Finance Law. The FSP must invoice for payment of fees for its services. A “Post Draft Capture Refund” is a request for refund after the original transaction has been completed.

38. We do not understand the described process. What is the definition of “net deposit?” In order to recoup the funds as described in this paragraph, would the FSP provider "net deposit" funds from an account which is maintained with the FSP or would it be expected to “net deposit” funds from an account maintained at another bank?

“Net deposit” is defined in the RFP on page 10. To recoup funds for a failed ACH transaction the FSP would net deposit funds from ACH transactions for the same Authorized User that occur after the failed transaction. Reports must fully indicate this process.

39. Please describe the required procedures for handling failed ACH transactions when the FSP is the: 1)

RDFI, 2) ODFI. (Page 30) The process indicated above applies to RDFI. It is unclear to us why the contractor would act as an ODFI under this contract. If such conditions are seen to be possible the exact process can be negotiated with the successful bidder.

Section IV.2.A.10. c: Ad-Hoc Reports (Page 32)

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40. Is the contractor required to provide any such customized Ad-Hoc reports as the Authorized Users may require, or would Ad-Hoc reports include only those which are presently available from an existing menu of report options?

Yes, the contractor will provide Ad-Hoc reports, however this is subject to negotiation and agreement between the parties. In most cases, it is anticipated that existing reports provided by the contractor would be sufficient.

Section IV.2.B.1.i (Page 33) 41. The State references check conversion on page 33 under POS terminals, along with “Integrated Check Reader" as a desirable

service, however, on the following page under sub-section iv. ”Device Type IV, Check Reader”, it’s listed as a mandatory requirement. Other types of available POS terminals are also requested. Please confirm if an Integrated Check Reader is a desirable or a mandatory requirement.

A check reader that is integrated into a POS device (integrated check reader) is Desirable. The availability of a check reader as a peripheral device is Mandatory.

Section IV.2.B.2.a: Technical Requirement – Software Functionality and Features (Page 41)

42. What does the State mean when they say “Software Requirements”? a. Would the contractor be providing software or a web solution? The contractor would be providing the software necessary for various POS devices and other electronic payment devices to interface with the contractors systems for the capture and processing of electronic payments. Standard web solutions may very well be part of this requirement, but this is not intended for the provision of custom web solutions nor web hosting solutions.

Section IV.2.B.3, paragraph 1 (Page 37) and IV.2.B.3 (Page 150)

43. Incidental Consulting Services: – What are the level, scope, duration, and details related to services required? Are these

consulting services required for the parent State organization or all State entities to which the contract is available? Must the Bidder provide Bidder owned resources or can the Bidder contract with a 3rd party? Will the State procure the consulting services?

These consulting services are typically minimal in nature. The services are primarily to assist in establishing interfaces with Authorized Users.

Section IV.2.B.6 Implementation Plans (Page 45) 44. Could you provide some further detail around the bank account structure behind the processing? Does each Agency have an

existing account that funds are deposited to? Or does the contractor/subcontractor provide a bank account for each Agency? Do the bank accounts receive a single or lump sum deposit each day that is the sum of all prior day collections? Or does the bank account receive individual debits and credits for each transaction processed?

This would be determined on an agency level; it is anticipated the agencies would use their own, generally using their existing bank accounts.

45. Can you provide some additional detail on the existing support services being provided:

a. What training is provided to new agencies? b. What marketing materials are provided? c. Aside from 24/7 helpline, what additional account support is provided

All support services are included in the documentation on the existing website.

Section IV.2.C.1 Training Mandatory:

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46. It is customary for most all merchant services and FSP providers to train new users via telephone or online webcast. Clients are generally very satisfied with this approach. Is the State willing to limit the onsite training requirement to large agency programs, in train the trainer sessions?

NYS is willing to review and evaluate programs such as those noted above.

Section IV.2.D.2 (Page 40) 47. Fees are to be invoiced, are the invoices generated for each agency and collected separately or is there a consolidated invoice

and a single payment?

Invoices must be generated for each entity assigned a merchant code. In most instances this will be at the agency level, but not necessarily in all cases. For State agencies invoices, once reconciled, they are forwarded by the Agency to the NYS Comptroller’s Office for actual payment; there is the potential for a consolidated payment at this time. Each non-state entity is responsible for payment of their invoices.

Section VII.1.B, paragraph 3 (Page 53) – Both Part I and Part II

48. Proposal Format and Content: Page 53, Section VII.1.B, paragraph 3 – Both Part I and Part II should be included in the same box/package delivered to OGS. Are there restrictions on the size of box/package the State is able to receive at the location? Due to the number of binders required for each part; the size and scope of the proposal; and the amount of detail provided by the Bidder, there is a potential for the box/package to be of significant size if both parts are in the same box. Can the box/package be sent separately for each Part (i.e., Part I of II and Part II of II)?

There are no restrictions on the size of the package(s) in which a proposal is delivered to OGS. However, when packages become unwieldy it is suggested that the proposal be sent in multiple packages which are marked to indicate the total number of packages being sent (e.g. 1 of 2, 2 of 2, etc.) It is further suggested that if you are sending multiple packages that each package contain at least one complete submission, (one copy of Part I Technical & one copy of Part II Financial, each in separately sealed envelopes). This will ensure that if the packages are somehow separated and only one is delivered by the bid opening, a full proposal will be received by OGS.

Section VII.1.B, paragraph 4, (Page 53) Note and Section VII.2.I (Page 54) 49. Proposal Format and Content: (Page 53), Section VII.1.B, paragraph 4, Note and (page 54), Section VII.2.I – There is

reference to Tab #8. What is Tab #8, as the list on page 54 ends with Tab #7?

This is an error. The note should read: ‘Note: If the Bidder is including material designated as confidential/proprietary it should be identified in Part I, Tab # 7.”

Section VII.4 (Page 54)

50. Bid Submission: – There is a reference to VII.2.9. Where is this item located in the proposal? On page 54, items in Section VII.2 are labeled A, B, C, etc. (Page 54)

This is an error. The reference should be to VII.4 which can be found on page 54 of the RFP.

Section VII.4 (Page 55)

51. Proposal Format and Content: Page 55, Section VII.4, paragraph 1 – The file format for Part II is specified. What file format is

required for Part I should the Bidder choose to submit a CD (i.e., MS Word or PDF)?

Part I is to be submitted as a “Word” document.

Tables XIII – XVI (Page 51)

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52. The price list is very extensive and without associated volumes it is difficult to estimate the cost to the State for these services.

Can you provide an estimated contract cost or contract value for either 2007 or 2008?

Dollar values are not broken down by individual services, but total values are supplied on the attached Table A. Current prices are available on the EVTA web page at the following URL: http://www.tax.state.ny.us/evta/

Exhibit No. 1 (Page 59)

53. What entities/agencies currently participate under the State contract, and how many merchant accounts are currently utilized for each? Roughly how many merchant ids does the state have active? Please see attached Table A at the end of this document. There are approximately 870 merchant IDs currently using the contract.

54. Can OGS break down transaction volumes by product type? For example, Merchant Services, ACH services, Wire Services, Check Conversion Services?

The figures in the attached chart are all Merchant Services, that is Credit/charge card and debit card transactions. 55. What percentage of credit/debit card transactions take place via: a.) Telephone b.) Internet c.) In person d.) Mail?

New York State does not track this data. 56. Are the anticipated transactions cyclical or constant throughout the year, and if cyclical, what are some key peak dates?

Historically, State and City College peak transactions are cyclical with semester starts (Aug./Sept, Dec./Jan). Parks & DEC increase over the summer months. Most others are relatively constant. There are no guarantees that these trends will continue.

57. Can the State provide examples of individual agencies, State and Non-state Entities, and their applications that are contributing

to the figures in Exhibit 1?

See Table B attached

Bid Submittal Checklist: (Page 125).

58. Bid Submittal Checklist: (Page 125). In the response, where is the Checklist to be placed? On page 54 the Checklist is not referenced in the layout for the response and item VII.2.C states to begin on page 126.

It is to be submitted as the cover sheet to all the required documents listed.

The Part II Financial Response ‘Excel’ spreadsheet contains the tables to be completed.

59. In the pricing section, listed is "Peripheral Device IV. Check Reader" as one of the price points. Is this service fee IDD related?

This service is IDD (Image Deposit Direct) related as IDD is a means of reading a check and creating an ACH payment from the check. As ‘Peripheral Device IV. Check Reader’ is a mandatory item, each bidder must provide a device that will read a paper check and using the information from the check, create an ACH payment.

60. Which vendors of the Authorized User does the State anticipate will be included in the requirement that the vendor work with the Authorized User’s vendors?

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A complete list is not available, but the type of vendors that may be included are vendors that may host an Authorized User’s web site and/or an internet application for accepting electronic payments. Another possibility is an IT vendor employed to establish or integrate an electronic payment system for the AUTHORIZED USER.

61. Regarding the acceptance of Internet payments, does the State require a fully hosted website or does the State have their own

website?

Authorized Users will have their own website or will contract separately for development of a web site. 62. Is the State open to the Bank offering other products and services, as part of our proposal response?

Any proposal submitted must be consistent with the scope of work requested in the RFP, however, NYS has provided opportunities within the questions for vendors to provide any information regarding new technologies or innovative ways of providing product and service that is consistent with the existing scope of work.

Bidder Response, Part II -Cost Proposal (Page 162) 63. Table I - Interchange and Assessment Fees (Page 163): The Interchange fees listed in Table I include 27 MasterCard

Interchange Fee categories and 45 Visa Fee categories, totaling 72 different fee category pricing line items. As of October, 2008, Visa and MasterCard have well over 250 different interchange fee categories that a transaction can qualify for.

a. If a bidder plans to pass through all card association interchange and assessment fees at the rates published by Visa and

MasterCard, how does the State recommend that we reflect all of these fee categories in Table I?

b. If a bidder plans to pass through all card association interchange and assessment fees at the rates published by Visa and MasterCard, would it be acceptable for a bidder to provide copies of card association interchange fees, as published on the Visa or MasterCard website, in place of Table I?

Bidders may insert additional rows in the tables provided or bidders may provide hard copies of card association interchange fees as published by MasterCard and Visa in place of completing Table A. If hard copy is submitted in lieu of completing the MasterCard portion of Table A, on Table A line 3, insert “See attached rates” after the word MasterCard. Similarly for the Visa portion of Table A, on line 253 insert “See attached rates” after the word Visa.

64. Table II - Definitions and Applicable Payment Methods (Page 166): In Table II, the State is asking that bidders provide

definitions of all interchange categories that transactions may potentially qualify for. As of October 2008, Visa and MasterCard have well over 250 different interchange fee categories that a transaction can qualify for. All card association interchange and assessment fees are published by Visa and MasterCard, and the same rules apply for all merchant acquirers/processors.

a. Would it be acceptable for a bidder to provide copies of card association interchange fees, as published on the Visa or

MasterCard website, in place of Table II? The State would like definitions and other requested data for those categories that are likely to be used by governmental entities and educational institutions. b. Please provide the State’s definition of “Qualified” and “Non-Qualified” transactions. Please see the last page of the questions & answers before Table A of this document. c. Since no entries are required for Discover or American Express, should we leave these sections blank or delete them from

the table? These tables should be left blank.

65. Table III – Authorization and Processing Fees By Average Transaction (Page 170): The State refers to “Base Processing/Access Fee” in several sections. Does the State define Base Processing/Access Fee as “a fee charged for processing or settling a credit or debit card transaction, that is separate from the authorization fee? If not, please provide definition.

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Base Processing/Access Fee are fees charged for processing or settling a credit or debit card transaction, that are separate from the authorization fee. 66. Table IV, Item 4 – International Transactions (Page 178): Please provide clarification on “International Transactions”. Are

these transactions where the State would accept a card issued by a financial institution located outside of the United States, or are these transactions that take place on non-U.S. soil?

These are transactions where the State would accept a card issued by a financial institution located outside of the United States.

67. Table V – Blended Rates and Bundled Fees (Page 186): In general, merchants end up paying higher fees when bundled pricing is used. Are all bidders required to complete Table V, or is this simply an option for bidders to submit instead of, or in addition to, Tables I, III and IV? All bidders must complete Table V. It will be at the Authorized User’s discretion which rates to use.

a. Please provide the State’s definitions of Qualified and Non-Qualified Transactions.

See revised definitions at the end of questions and answers (page before Table A of this document. b. Can bidders add a “Mid-Qualified” category, if bidder’s systems are not designed to meet billing by the State’s definitions? A Mid-Qualified category is permissible. Please note that the definitions of Qualified and Non-Qualified have been enhanced.

68. Please clarify exacting what you are asking for bundled pricing? Are you asking for one bundled rate for each level of

Interchange or would it be acceptable to have one bundled rate for the type of transaction (e.g. CNP vs. face to face) and the downgrade for the nonqualified to be provided as a pass-through at the exact level.

The blended/bundled rates requested are for MasterCard and Visa blended together and for all types of transactions (CNP, card swiped, card number manually entered, etc.) bundled together, listed for various communication types. At the bottom of Table V you may adjust the percentage of each type of card used in your formula. You may also see the average ticket size that will be used in each dollar category for evaluation purposes.

69. Table VII - Online Debit Card Fees (Page 189):

a. How many agencies currently process PIN debit card transactions? Please provide agency/program names. 7 or 8 (NYS Parks and Recreation, CUNY, NYC Finance Dept., NYS Courts, NYC Parks, Suffolk County, Town of Orangetown.)

b. Please provide current PIN (Online) debit card volumes, by network, for all agencies currently accepting PIN debit cards.

Average monthly volume: Transactions - 4,500 $ Value - $850,000 -$900,000

70. The financial tables in the Part II excel doc do not match up exactly to the financial tables in the New York State Request for

Proposal Main Document. For example, in the Part II excel doc there is Table XV, then it skips to Table 17 (the tab in the excel doc states “XVI” for Table 17). In the Part II excel doc Table 17 reads “Miscellaneous Services and Fees”. In the New York State Request for Proposal Main Document there is a Table XVI “Incidental Consulting Services”, however, this table is not in the Part II excel doc. Which set of financial tables should we complete? Please confirm it should be the Part II excel doc. A corrected Part II Excel spreadsheet will be provided on the Bid Calendar on the OGS web site. The revised file should be used by all bidders.

Appendix A

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71. Clause 5 (Page 85) - Non-Discrimination Requirements: The document refers to Section 220-e which is applicable to "Public Works" prevailing wage, and Sections 230 & 239 which refer to "Building Service Employees" prevailing wage, both of which appear to be non-applicable to banking services.

Although banking services are exempt from these requirements, the State expects all contractors will not discriminate

72. Clause 12 (Page 86) - Equal Employment Opportunity for Minorities and Women: The EEO/AA policy that is attached

would support the corporations' commitment. The document states that Section 312 does not apply to "Banking Services". If these requirements are applicable, would the contracting agency require a statement from any Employment agencies that are used?

Will the State clarify whether or not these requirements, for items 5 & 12 above, are applicable to the Bank's contract? Yes the Non-Discrimination and Equal Employment Opportunity for Minorities and Women requirements set forth in Appendix A will apply to this contract.

Appendix B 73. Clause 13 (Page 94)

Question Card Organization (VISA USA, Inc. and MasterCard International) membership requires all acquirers/processors to enter into a written contract, including certain terms and conditions that are not part of this RFP, with our merchants. For this reason, we would like to include our standard merchant agreement and related schedules with our response to the RFP. The merchant agreement contains detailed information regarding standard procedures within the card processing industry, including Card Organizations’ Rules and requirements that must be followed by all processors and all merchants. In the event of any conflicts or inconsistencies among the contractual documents, we would require that the Merchant Agreement be considered controlling. Based on our past successful work with federal and state government entities, we would expect to negotiate several items that may conflict with our merchant agreement or the State's Standard Clauses and General Conditions.

a.) Would it be acceptable to the State if we include our merchant agreement and identify any exceptions to the terms contained in the RFP/Appendices that we would expect to negotiate? b.) Would it be acceptable to the State if the mutually agreed upon Merchant Agreement would be considered the controlling document, incorporating by reference the RFP and RFP response? c.) If this is not acceptable, how does the State recommend that we address these conflicts/issues within our RFP response?

The State is open to reviewing the provider’s merchant agreement and related schedules and to negotiating those items which may conflict with the RFP and Appendices. Identification in your proposal of conflicting items should be included so that the State may readily identify them. The State cannot at this time commit to listing such agreement provisions to any place other than lowest in order of precedence. The State however, reserves the right to change the priority of certain clauses it deems necessary to ensure best value to the State and to request that one or more provisions within the agreement be excluded. In the event agreement cannot be reached between the parties on exceptions, exclusions or order of precedence, the State may deem the proposal to be non-responsive.

74. Clause 55 (Page 101)- Employees, Subcontractors & Agents:

a. It is challenging to agree in advance to comply with the Authorized User's security and administrative procedures, when these procedures are not yet available for review by the proposed bidder. Will the OGS provide a standard description of these procedures or provide the proposed bidder with the opportunity to negotiate these standards on a best efforts basis with each Authorized User?

b. Under what circumstances would the Commissioner request a background check?

a. Security and administrative procedures may vary by Agency / Authorized User. If any part of the Procedures should violate Contractor’s Code of Ethics and Business Conduct or Contractor is otherwise unable to comply, the Contractor can notify the Agency / Authorized User for the purpose of obtaining a waiver, the decision and action of obtaining a waiver would be up to the Agency / Authorized User.

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b. There is no specific instances that we are aware of that the Commissioner would request a background check, so that answer cannot be provided, however, the Commissioner reserves the right to require a background check..

Clauses 74 and 75 (Page 105):

75. As it pertains to FSP services, the proposed bidder is very familiar with the various indemnification provisions required by New York State, its agencies and authorities. While it is recognized that such indemnification provisions must often be accepted in the context of a state relationship, it is highly unusual to accept them as presently written in the broader context of all "Authorized Users". Would the State be willing to entertain a standard indemnification provision for adoption by Authorized Users, which provision offers more protection to the proposed bidder than the current definition (which is written to protect a state government, its agencies and authorities)?

The State declines to amend its standard indemnification provisions set forth in Appendix B, section 74 Indemnification, and section 75 Indemnification relating to Third Party Rights, to provide lesser protections to a subclass of Authorized Users. By design, the centralized contract program provides a single set of uniform terms and conditions for all users of the contract.

76. Would the State be willing to sign the provider's standard FSP terms and conditions agreement, so long as this agreement ranks

lowest in order of precedence?

The State is open to reviewing the provider’s standard FSP terms and conditions agreement and if acceptable, to listing such agreement lowest in order of precedence. The State however, reserves the right to request that one or more provisions within the agreement be excluded and in the event agreement cannot be reached between the parties on such exclusion, the State may deem the proposal to be non-responsive.

77. Does the state require a back-end reporting package to roll up to the highest level?

The State needs reporting to roll up to each agency/entity with detail for each merchant id.

78. How many levels of hierarchy does the state require?

At this time we are provided one or two hierarchy numbers per agency/entity with multiple merchant ids per agency/entity based on discrete sales type.

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This is the information referred to in question 64b.

Retail Accounts: Qualified Transaction Conditions

• The credit/debit card's full magnetic stripe is read by the terminal, and a signature is obtained from the cardholder at the time of the transaction.

• Transaction/purchase date is equal to the electronic authorization date.

• The authorization amount must match the settled (deposit) amount for the transaction.

• The card that is used is not a commercial (business) credit card

• The transaction must be authorized and settled under a standard retail industry code.

• The transaction must be electronically deposited (batch transmitted) no later than 1 day from transaction/purchase date.

Mid-Qualified Transaction Conditions • One or more of the Qualified conditions were not met

Partially Qualified Transaction Conditions • One or more of the Qualified conditions were not met and • Transaction electronically more than 1 day but within 2 days from transaction/purchase date (retail) or

transaction/shipping date (direct marketing/mail order). Non-Qualified Transaction Conditions

PP. One or more of the Qualified conditions were not met, or QQ. The transaction was not electronically authorized, or the authorization response data was not included in the

transaction settlement

For a Mail Order / Telephone Order (MOTO) or Internet (Card Not Present) Merchant Account: Qualified Transaction Conditions

• One electronic authorization request is made per transaction and the transaction date is equal to the shipping date. The authorization response data must also be included in the settled transaction.

• The authorization request message must include Address Verification Service (AVS), which verifies the street address and the zip code of the card holder

• The transaction/shipping date must be within 7 calendar days of authorization date. • The settled transaction amount must equal the authorized amount . • The settled transaction must include the business's customer service telephone number, order number, and total

authorized amount. • Additional data (sales tax and customer code) is required in the settled transaction on all commercial (business) cards at

non-Travel & Entertainment (T&E) locations. • The transaction is electronically deposited (batch transmitted) on or 1 day after authorization date.

Partially Qualified Transaction Conditions • Same as for Retail above

Non-Qualified Transaction Conditions • Same as for Retail above or • The VISA Infinite card was accepted, or

Commercial Card Additional Data Visa

• Purchasing cards: Sales Tax and Customer Code (supplied by cardholder at point of sale) and Corporate and Business cards: Sales Tax

MasterCard

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• Corporate Data Rate II (Purchasing cards): Sales Tax and customer Code (supplied by cardholder at point of sale) and Merchant's Federal Tax ID; Merchant Incorporation Status; and Owner's full name if the merchant is a sole proprietor must be provided.

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Table A - Annual Revenue, Number of Transactions and Average Value of Transactions by Authorized Users’ Revenue Program – C.Y. 2007

NEW YORK STATE ENTITIES

Authorized User / Revenue Program Revenue Transactions Average Value Department of Motor Vehicles $295,813,704 3,129,978 $95

City University of New York (CUNY) $229,183,080 360,845 $635 State University of New York (SUNY) $50,994,384 83,625 $610 Unified Court System $25,684,487 130,589 $197 Department of State $18,455,049 84,653 $218

Higher Education Services Corporation 14,344,635 66,749 $215

Office of Parks, Recreation & Historic Preservation $14,278,274 270,479 $53

Olympic Regional Development Authority $10,077,341 77,371 $130

Education Department, Teacher Certification $9,443,820 96,103 $98

State Liquor Authority $6,041,927 20,860 $290

Department of Law $3,458,250 13,833 $250

Department of Labor $2,247,600 3,024 $743

Governor’s Office of Regulatory Reform $2,082,885 13,268 $157

Division of the Lottery $1,938,027 17,269 $112

Office of General Services $1,182,108 60,006 $20

Department of Corrections (CorCraft) $1,066,359 2,077 $513

Department of Civil Service $665,835 19,743 $34

Department of Environmental Conservation $565,664 14,325 $39

State Police $514,240 25,712 $20

Department of Transportation $197,872 643 $308

Department of Economic Development $154,341 1,559 $99

Temporary Commission on Lobbying $122,050 1,174 $104

Department of Agriculture & Markets $82,914 386 $215

State Education Department, BOCES $28,453 28 $1,016

Energy Research & Development Association (NYSERDA) $6,115 74 $83

New York State Sub-Total $688,629,414 4,494,373 $153

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Table A continued POLITICAL SUBDIVISIONS

Authorized User / Revenue Program Revenue Transactions Average Value The Jacob Javits Center $15,114,710 49,647 $304 Nassau County $10,457,694 85,273 $123 Suffolk County $6,645,941 84,748 $78

University of Buffalo, Foundation $6,208,325 45,365 $137

Westchester County $5,979,253 108,691 $55

Town of Ramapo $3,248,629 15,043 $216New York City Finance $3,213,170 23,056 $139 JCC of Mid-Westchester $2,538,734 5,400 $470 New York City Office of Parks & Recreation $2,218,793 38,757 $57 Town of Clarkstown $1,923,964 478 $4,025 JCC of Albany $1,708,427 7,771 $220 Town of Bedford $1,582,699 1,718 $921 Town of Huntington $1,234,486 12,444 $99 Village of Scarsdale $1,053,213 3,943 $267 Rockland County $923,933 5,999 $154 Orange County $893,099 16,808 $53 Town of Orangetown $646,207 10,724 $60

Town of North Hempstead $539,757 4,226 $128 Town of Webster $446,983 4,349 $103

Palisades Inter. Parks Comm. $356,252 5,644 $63 Broome County Aviation Department $,328,001 11,162 $29 Capital District YMCA $237,525 2,128 $112 Rochester Genesee Regional Trans. Authority $207,743 6,483 $32

City of Niagara Falls $155,250 2,696 $58 Lake Placid Ctr. of the Arts $138,934 1,560 $89 Association of Towns of NYS $116,740 867 $135 Jefferson County $113,120 180 $628 City of Saratoga $86,245 2,017 $43 Town of Cheektowaga $67,894 86 $789

Grand Island $66,168 57 $1,161

Town of Poughkeepsie $51,704 35 $1,477 Town of Hamburg $42,837 58 $739 Village of Spring Valley $34,862 15 $2,324 Village of Manorhaven $22,424 192 $117 Triborough Bridge Authority $22,050 129 $171 Village of Geneseo $16,397 246 $67 Town of Suffern $9,902 628 $16 Lake George Park Commission $4,857 80 $61 NYS Courts Historical Society $4,535 57 $80 Village of East Hills $4,164 122 $34

Political Sub-Divisions Sub-Total $68,625,621 558,882 $123 TOTAL $757,295,035 5,053,255 $150

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Table B – Authorized Users & Payment Programs

Agency / Entity Program Fees Association of Towns of New York State Collection of Registration Fees Bronx Surrogate's Court Accepting Court Fees - Filing Fees (FBEM) Broome County - Broome County Clerk Credit card payments on-line, swipe card & others Broome County - Department of Aviation Credit Card Payment for Parking Lot Fees Capital District YMCA Member and Guest Fees, Fund Raisers City of Cohoes Global - State Contract Pricing City of New York Parks & Recreation Permits and Special Events City of Niagara Falls Hyde Park Golf Course City of Yonkers (Parking Violations Bureau) Credit card payments of fines and fees. Civil Service Internet Exam Application/Payment Civil Service NYS Employees Insurance Pending Account Correctional Services - Corcraft Credit Card Payment Program County of Nassau Electronic Credit Card Processing County of Suffolk County Wide Acceptance of Credit Cards County of Suffolk Internet Payment of Delinquent Property Taxes CUNY - Borough of Manhattan CC University Wide Electronic Value Transfer Service CUNY - Brooklyn College University Wide Electronic Value Transfer Service CUNY - Central Office University Wide Electronic Value Transfer Service CUNY - City College University Wide Electronic Value Transfer Service

CUNY - City University of New York University Wide Electronic Value Transfer Services

CUNY - Graduate Center University Wide Electronic Value Transfer Service CUNY - Hunter College University Wide Electronic Value Transfer Service CUNY - John Jay College University Wide Electronic Value Transfer Service CUNY - Lehman College University Wide Electronic Value Transfer Service CUNY - Medgar Evers University Wide Electronic Value Transfer Service CUNY - NYC College of Technology University Wide Electroinc Value Transfer Service CUNY - Queens College University Wide Electronic Value Transfer Service CUNY - Staten Island University Wide Electronic Value Transfer Service CUNY - York College University Wide Electronic Value Transfer Service CUNY- Baruch College University Wide Electronic Value Transfer Service CUNY- Queens College Con't Ed University Wide Electronic Value Transfer Service Department of Agriculture & Markets Food Establishment Licensing Department of Agriculture & Markets Dog Licensing Department of Agriculture & Markets Farm Products Inspection Fees Department of Economic Development NYS State Contract Department of Environmental Conservation Hunting, Fishing & Trapping License Sales (ACH) Department of Environmental Conservation Credit Card Use at selected dept. campgrounds Department of Environmental Conservation Central Office License Sales Department of Labor Asbestos & License and Certificate Unit EVT Department of Labor Licenses & Fees, Internet Credit Card Acceptance

Table B Continued

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Department of Motor Vehicles Credit Card Payments Department of State R/E Sales/Brokers Licenses Department of State UCC RA9 Project Department of State Corp Credit Card Redevelopment Project Department of Transportation DOT- Permits Department of Transportation Carrier Certification (CARCERT) Department of Transportation Sale of Construction Plans to bidders & Sub-cntrc. Dept. of Law/Office of Attorney General(OAG) Charities E-File Erie Count Clerk (Courts FBEM) Accepting Court Fees - Filing Fees Essex County Clerk (Courts FBEM) Accepting Court Fees - Filing Fees Governors Office of Regulatory Reform On-line Permitting & Licensing Great Neck Parks District RecTrac(Park fees and registrations) Higher Education Services Corp (HESC) ACH/Credit Card Payment of Student loans Higher Education Services Corporation (HESC) Easy-Pay credit card payment Hilton Central School District Accept credit card payments for continuing ed fees Jacob K. Javits Convention Center of NYC Credit Cards JCC of Mid Westchester Program Fees Jefferson County Tax Payments Lake George Park Commission Registration and Permit Fees Lake Placid Assoc. for Music, Drama and Art, Inc. Fund Raisers,Tickets, Art Sales Livingston County (courts) Accepting Court Fees - Filing Fees (FBEM) Lobbying, NY State Commission Credit Card program on-line payments Lottery, Division of Lottery Subscriptions Lottery, Division of Lotto Subscription Program Automation New York City Dept. of Finance Parking Violations Payments New York State Banking Department Accepting License Fees Niagara County Clerk's Office (Courts - FBEM) Filing Fees (by Attorneys) Niagara Frontier Transportation Authority Monthly Metro Passes NYC Department of Finance Parking fines, towing fees, city taxes,permits, NYS Board of Law Examiners (Bar Exam Fees) LEXA-On-Line NYS Education Dept./ Office of Cultural Education Collection of Fees for Photocopy,Lost Book,Loans

NYS Education Dept./ Office of Cultural Education Credit Card payments for camp fees, programs, pubs

NYS Education Dept./ Office of the Professions Professional Licenes,Registration Fees, Renewals

NYS Energy Research and Development Authority Registrations fees and misc payments

NYS Teachers' Retirement System Various one-time payments-pre-retirement seminars

Office for Technology Explore NY Office of General Services Parking Services Credit Card Payments Office of General Services Convention Center & Special Events Office of General Services Fleet Administration and Surplus Property Olympic Regional Development Authority Credit Card Sales

Table B Continued

Page 24: BID ADDENDUM #1 · RE: Bidder Questions & Answers & Changes to EVT RFP 21312 The following contains a listing of the questions received from potential bidders and their associated

Electronic Value Transfer Questions and Answers to RFP

11/4/2008

Onondaga County Clerk (Courts FBEM) Accepting Court Fees - Filing Fees Orange County County Wide Card Acceptance Palisades Interstate Park Commission Credit Card payments for park admissions Palisades Interstate Park Commission Gift Shop Credit Card Payments Parks, Recreation & Historic Preservation Park Permit Fees Queen's Surrogate's Court Accepting Court Fees - Filing Fees (FBEM) Richmond Surrogate's Court Accepting Court Fees - Filing Fees (FBEM) Rochester Genesse Regional Transportation Authority Credit Card Sales (Media Sales)

Rockland County Clerk Internet Subscription Service Rockland County Solid Waste Mgmt Authority Tipping Fee Payment Plan Saratoga Springs, City of Parking Tickets Sidney Albert Albany Jewish Community Center Membership and Progam Fees State Ed Dept BOCES, Clinton-Essex-Warren-Wash CV-TEC Adult Education State Education Department Office of Teaching State Emergency Management Office (SEMO) Conference attendees' payments State Liquor Authority Renewals - License and Permits State Police Trooper Application SUNY - Plattsburgh Tuition & Fees SUNY Albany (all other student payments) Student Accounts, Non-Tuition Fees SUNY Albany (tuition, room & board) Student Accounts, Tuition & Room & Board SUNY Binghamton Credit Cards for tuition, fees and services SUNY Farmindale Student Accounts, Tuition & Room & Board SUNY Institute of Technology Student Accounts, Tuition & Fees SUNY Maritime Maritime Credit Card Payments SUNY Oswego Student Accounts, Tuition & Fees SUNY Potsdam Global Payments Direct, Inc. State Contract SUNY- Stony Brook University Wide Electronic Value Transfer Service SUNY-Purchase Tuition & Fees - AMEX Town of Bedford Bedford Misc. Electronic Payments Town of Cheektowaga Property Taxes Town of Clarence Real Property Tax Payments Town of Clarkstown Internet Payment of Taxes,fees and fines Town of Cortlandt Internet Payment of Property Taxes Town of Grand Island Property Taxes Town of Hamburg Real Property Tax Payments

Town of Huntington Accessory Apartment Fee and Parking Fine Payment

Town of New Windsor Credit Card payments for park admissions Town of North Hempstead Credit Card Program T.N.H. Town of Orangetown Blue Hill Golf Course Town of Orangetown Broadacres Golf Course Town of Oyster Bay Tax Payments

Table B Continued

Page 25: BID ADDENDUM #1 · RE: Bidder Questions & Answers & Changes to EVT RFP 21312 The following contains a listing of the questions received from potential bidders and their associated

Electronic Value Transfer Questions and Answers to RFP

11/4/2008

Town of Pittsford Internet Payment of Property Taxes Town of Poughkeepsie Tax Payments and other fees collected Town of Ramapo Credit Card Program Town of Webster Parks and Recreation Fees Triborough Bridge and Tunnel Authority Sales Solicitation Unified Courts Court Document E-Pay Unified Courts - Bronx County Filing by Electronic Means Unified Courts - Historial Society Membership Fees Unified Courts - Kings County Filing Tax Cert. by Electronic Means Unified Courts - New York County Clerks Electronic Court Document Filing Unified Courts - New York County Clerks Face to Face Credit Card Transactions Unified Courts - NYC Criminal Court Collection of Fines, Surcharges and Fees Unified Courts - NYS Court of Claims Filing Fees Unified Courts - Queens County Filing by Electronic Means Unified Courts - Richmond County Filing by Electronic Means Unified Courts - Suffolk County Clerks Electronic Purchase of Index Numbers University at Buffalo Foundation, Inc. Charitible Donations Village of Airmont Internet Payment of Property Taxes Village of East Hills Guest Fees and Taxes Village of Geneseo POS credit cards taxes, utility bills, tickets, et Village of Manorhaven Credit Card Program VOM Village of Massapequa Park Real Property Tax Payments Village of Scarsdale Recreation Fees Village of Spring Valley Taxes, Fines, and Fees Village of Suffern Parking Authority Suffern Parking Web Payments Webster Central School District Accept credit card payments for continuing ed fees Westchester County County Wide Credit Card Acceptance

Page 26: BID ADDENDUM #1 · RE: Bidder Questions & Answers & Changes to EVT RFP 21312 The following contains a listing of the questions received from potential bidders and their associated

Table C – Authorized User Equipment ACH Volume Agency/Entity Program Electronic Payments

Accepted PCI

Compliance Trans. Dollar Value Qty. Equipment Acquired

1 Global Retail Advantage software v-3.4e

NYS Department of Agriculture & Markets

Farm Products Inspection Fees

Credit Cards, ACH Debit, via the internet

Yes, review method not included

40 $250,000 1 Pay Pal/Verisign software

NYS DOT Dot Permits Credit Cards, via Internet YES - SAQ N/A N/A 1 VeriFone, Omni 3200SE POS Lease

NYS Department of Environmental Conservation

Hunting, Fishing, & Trapping Licenses (ACH)

and Campgrounds Credit Cards, ACH Credit Unk – Not

Reviewed 34,000 $27.5 million 60 VeriFone Omni 3200 terminal/printer Lease

NYS Governors Office of Rregulatory Reform

On-line Permitting & Licensing Credit Cards via Internet Unk – Not

Reviewed N/A N/A 1 Credit cards accepted through web page interface Own

NYS Dept of Labor Licenses & Fees, Internet Credit Card Acceptance

Credit Cards. Debit Cards, + via Internet

Unk – Not Reviewed 5,152 $4,254,500 1 Custom developed java-based

web application Own

1 PC Retail Advantage Software Own

188 Verifone - Omni 3740 POS Devices Rent

1 WAY - MTT 1556 Terminal Rent 1 WAY- S8 Printer Rent

10 IBM - 4840-53Z POS Terminals Own

10 Retail Pro w/ PC Charge v-8.0 Own

Internet Aplications by Global

NYS Parks, Recreation & Historic Preservation

Park Permit Fees Credit Cards, Debit Cards, including via internet

YES - SAQ N/A N/A

Valutec (Gift Cards) coded to Verifone terminals only Own

R/E Sales/Brokers Licenses Credit & Debit cards accepted

via web page interface NYS Dept of State

UCC RA9 Project

Credit Cards, Debit Cards, including via internet

YES - SAQ N/A N/A

1 Global Retail Advantage software v-3.4e

NY State Police Trooper Application Credit Cards, via Internet Unk – Not Reviewed N/A N/A 1

NYSP Created software - web page interface

Own

Table C - continued PCI

Compliance ACH

Volume Agency/Entity Program Electronic Payments Accepted Trans

Qty. $ Value Equipment Acquired

Page 27: BID ADDENDUM #1 · RE: Bidder Questions & Answers & Changes to EVT RFP 21312 The following contains a listing of the questions received from potential bidders and their associated

Electronic Value Transfer Questions and Answers to RFP

11/4/2008

Farmingdale State College Tuition, Room & Board Credit Cards, + Internet YES - SAQ N/A N/A 23 Verifone - VX570 Countertop POS Terminalls

Own

5 VeriFone, Tranz 460 POS w/Printer

Own

9 VeriFone, OMNI 3740 POS w/Printer

Own

2 VeriFone, Tranz 380 POS Own

SUNY Plattsburgh Tuition & Fees Credit Cards, Debit Cards Online, ACH Credit, including via internet

Unk – Not Reviewed

1,100 $2.1 Million

2 VeriFone 250 Printer Own

Page 28: BID ADDENDUM #1 · RE: Bidder Questions & Answers & Changes to EVT RFP 21312 The following contains a listing of the questions received from potential bidders and their associated

I acknowledge receipt of ADDENDUM #1.

______________________________ (Company Name)

______________________________

(Signature)

______________________________ (Print Name)

Include four (4) original signature copies of this document in your proposal package.