02 T2609 Revised Bid Solicitation 05-18-22.docx
DOCX document 449 KB Posted
- Attached to
- T2609-Medical Examinations, Testing and Services
- Solicitation number
- 22DPP00676
- Issued by
- New Jersey
About this file
This document is a revised bid solicitation issued by the State of New Jersey Department of the Treasury, Division of Purchase and Property, for a statewide blanket purchase order for medical examinations, testing, and services. The solicitation is open to all qualified vendors and is intended to award a single statewide contract to provide facilities and perform medical examinations, testing, and other related medical services for New Jersey state employees. Services include basic medical exams, surveillance exams, respiratory clearance, audiometry, vision testing, and other specialized exams. The contract term will be for an initial period with options to extend.
The bid solicitation provides background on the primary state using agencies, including the Department of Corrections, Department of Environmental Protection, Department of Health, and Department of Transportation, which collectively expect to conduct up to 350-500 exams annually. Vendors must be able to provide services at locations across the state and meet specific requirements for facilities, scheduling, medical records, licensing, and security. Pricing will be evaluated along with technical factors, and the state reserves the right to negotiate with vendors and request best and final offers. This is a reprocurement of the current T2609 contract expiring in September 2021.
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Other files
| File | Type | Posted |
|---|---|---|
| T2609 Attachment 1 01-12-22.pdf | ||
| T2609 Bidder Checklist 01-12-22.docx | DOCX document | |
| T2609 Offer and Acceptance Page 01-12-22~1.pdf | ||
| T2609 Security Questionnaire 01-12-22.pdf | ||
| 03 T2609 Revised Price Sheet 05-18-22.xlsx | XLSX spreadsheet | |
| T2609 Optional Pre-Quote Conference 01-12-2022.pptx | PPTX presentation | |
| Russia Belarus 05-18-22.pdf | ||
| T2609 Bid Amendment 1 Updated Quote Submission.docx | DOCX document | |
| T2609 Bid Amendment 2 Updated Quote Submission~2.docx | DOCX document | |
| T2609 Bid Amendment Q and A 05-18-22~1.docx | DOCX document | |
| T2609 Conf. and Commitment to Defend 01-12-22.pdf | ||
| T2609 Executive Order 271 01-12-22.pdf |
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Text version
| Revised Bid Solicitation # | 22DPP00676 |
| For: | |
| T2609-Medical Examinations, Testing and Services |
| Event |
| Date |
| Time |
Vendor’s {Bidder’s} Electronic Question Due Date (Refer to Bid Solicitation Section 1.3.1 for more information.)
| February 24, 2022 |
| 2:00 PM |
Optional Pre-Quote Submission Conference (Refer to Bid Solicitation Section 1.3.5 for more information.)
| January 27, 2022 |
| 10:00 AM |
Mandatory/Optional Site Visit (Refer to Bid Solicitation Section 1.3.4 for more information.)
Not Applicable
Not Applicable
Quote Submission Date (Refer to Bid Solicitation Section 1.3.2 for more information.)
| April 28June 02, 2022 |
| 2:00 PM |
Dates are subject to change. All times contained in the Bid Solicitation refer to Eastern Time. All changes will be reflected in Bid Amendments to the Bid Solicitation posted on www.njstart.gov.
☒ Small Business Set-Aside Category For Goods and Services:
☒ I ☒ II ☒ III
For Construction:
☐ IV ☐ V ☐ VI
Status
☐ Not Applicable
☐ Entire Blanket P.O.
☐ Partial Blanket P.O.
☒ Subcontracting Only
☒ Disabled Veteran-Owned Business Set-Aside
Bid Solicitation Issued By:
State of New Jersey Department of the Treasury Division of Purchase and Property Trenton, New Jersey 086250230 Using Agency/Agencies:
State of New Jersey Various Departments Cooperative Purchasing Program Participants
Date: 05/18/2022
Table of Contents
| 1.0 | INFORMATION FOR VENDORS {BIDDERS} | 7 |
| 1.1 | PURPOSE AND INTENT | 7 |
| 1.2 | BACKGROUND | 7 |
| 1.2.1 | PRIMARY STATE USING AGENCIES | 8 |
| 1.3 | KEY EVENTS | 9 |
| 1.3.1 | ELECTRONIC QUESTION AND ANSWER PERIOD | 9 |
| 1.3.2 | SUBMISSION OF QUOTES | 10 |
| 1.3.3 | VENDOR {BIDDER} SUPPORT | 10 |
| 1.3.4 | MANDATORY/OPTIONAL SITE VISIT | 10 |
| 1.3.5 | OPTIONAL PRE-QUOTE CONFERENCE | 10 |
| 1.3.6 | PRE-QUOTE DOCUMENT REVIEW | 11 |
| 1.4 | ADDITIONAL INFORMATION | 12 |
| 1.4.1 | BID AMENDMENTS: Revisions to this BID SOLICITATION | 12 |
| 1.4.2 | VENDOR {BIDDER} Responsibility | 12 |
| 1.4.3 | COST LIABILITY | 12 |
| 1.4.4 | CONTENTS OF QUOTE | 12 |
| 1.4.5 | ANNOUNCEMENT OF QUOTE INFORMATION | 13 |
| 1.4.6 | PRICE ALTERATION IN QUOTES | 14 |
| 1.4.7 | QUOTE ERRORS | 14 |
| 1.4.8 | JOINT VENTURE | 14 |
| 1.4.9 | RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE | 15 |
| 1.4.10 | QUOTE ACCEPTANCES AND REJECTIONS | 15 |
| 1.4.11 | ELECTRONIC SIGNATURES | 15 |
| 1.4.12 | COOPERATIVE PURCHASING | 15 |
| 2.0 | DEFINITIONS | 17 |
| 2.1 | CROSSWALK | 17 |
| 2.2 | GENERAL DEFINITIONS | 17 |
| 2.3 | BLANKET P.O. SPECIFIC DEFINITIONS/ACRONYMS | 21 |
| 2.4 | BLANKET P.O. – USING AGENCY SPECIFIC DEFINITIONS/ACRONYMS | 24 |
| 3.0 | SCOPE OF WORK – REQUIREMENTS OF THE VENDOR {CONTRACTOR} | 26 |
| 3.1 | GENERAL OVERVIEW | 26 |
| 3.1.1 | GENERAL REQUIREMENTS | 26 |
| 3.1.2 | MEDICAL RECORDS | 27 |
| 3.1.3 | NEW JERSEY LICENSURE & HIPAA COMPLIANCE | 28 |
| 3.1.4 | SCHEDULING | 28 |
| 3.1.5 | AFTER HOUR SERVICES/EMERGENCIES | 29 |
| 3.1.6 | DELIVERY REQUIREMENTS FOR MEDICAL RESULTS | 29 |
| 3.1.7 | ELECTRONIC PORTAL FOR MEDICAL RESULTS | 30 |
| 3.1.8 | LABORATORY TESTING AFFILIATION | 30 |
| 3.2 | CONSULTATION SERVICES | 31 |
| 3.3 | STAFFING REQUIREMENTS | 31 |
| 3.4 | USING AGENCIES BACKGROUND INFORMATION | 31 |
| 3.5 | MEDICAL EXAMINATIONS | 32 |
| 3.5.1 | BASIC MEDICAL EXAMINATION | 32 |
| 3.5.2 | MEDICAL SURVIELLANCE EXAMINATION-SURVIELLANCE PURPOSES | 33 |
| 3.5.3 | MEDICAL SURVIELLANCE AND BIOLOGICAL MONITORING | 34 |
| 3.5.4 | OCCUPATIONAL NOISE SURVEILLANCE EXAMINATION | 34 |
| 3.5.5 | COMMERCIAL DRIVERS LICENSE PHYSICAL EXAMINATION | 35 |
| 3.5.6 | POLICE AND FIREMEN’S RETIREMENT SYSTEM PHYSICAL EXAMINATION | 35 |
| 3.5.7 | FITNESS FOR DUTY PHYSICAL EXAMINATION | 35 |
| 3.5.8 | OFFICER APPRENTICE\RECRUIT CANDIDATE EXAMINATION (DOC & DEP) | 36 |
| 3.5.8.1 | OFFICER APPRENTICE\RECRUIT CANDIDATE EXAMINATION FORMS AND REPORTS (DOC & DEP) | 36 |
| 3.5.9 | PSYCHOLOGICAL AND PSYCHIATRIC EXAMINATIONS | 37 |
| 3.5.10 | VISUAL ACUITY TESTS | 38 |
| 3.5.11 | RESPIRATORY CLEARANCE EXAMINATIONS | 38 |
| 3.5.12 | HAZARDOUS WASTE OPERATION & EMERGENCY RESPONSE SURVEILLANCE EXAMINATION | 41 |
| 3.5.13 | HAZARDOUS SUBSTANCE EXPOSURE EVALUATION EXAMINATION | 41 |
| 3.5.14 | LEAD AND OTHER HEAVY METALS SUREVILLANCE EXAMINATION | 41 |
| 3.5.15 | SILICA SURVEILLANCE EXAMINATION | 43 |
| 3.5.16 | ASBESTOS SURVEILLANCE EXAMINATION | 43 |
| 3.5.17 | INDEPENDENT MEDICAL EXAMINATION (IME) | 44 |
| 3.5.18 | INDEPENDENT PSYCHIATRIC/ PSYCHOLOGICAL EXAMINATION (IPE) | 44 |
| 3.6 | VACCINATIONS, IMMUNIZATIONS, TITERS AND TESTS | 44 |
| 3.6.1 | VACCINATIONS | 45 |
| 3.6.2 | TESTING AND TITERS | 45 |
| 3.6.2.1 | TUBERCULOSIS TEST | 45 |
| 3.6.2.2 | HEPATITIS B TITERS | 46 |
| 3.6.2.3 | RABIES PROPHYLAXIS TEST/TITERS | 46 |
| 3.6.2.4 | ADDITIONAL TESTING AND/OR EXAMINATIONS | 46 |
| 3.7 | QUALITY ASSURANCE PLAN | 47 |
| 3.8 | LITIGATION SUPPORT | 47 |
| 3.8.1 | LITIGATION (UNDER OATH) TESTIMONY | 47 |
| 3.9 | FORMS AND REPORTS | 47 |
| 3.10 | INVOICES AND/OR BILLING | 48 |
| 3.11 | VENDOR {CONTRACTOR} TRANSITION PLAN | 48 |
| 3.12 | SECURITY PLAN | 49 |
| 3.12.1 | INFORMATION SECURITY PROGRAM MANAGEMENT | 49 |
| 3.12.2 | PERSONNEL SECURITY | 49 |
| 3.12.3 | SECURITY AWARENESS AND TRAINING | 49 |
| 3.12.4 | RISK MANAGEMENT | 50 |
| 3.12.5 | PRIVACY | 50 |
| 3.12.6 | COMPLIANCE | 52 |
| 3.12.7 | ASSET MANAGEMENT | 52 |
| 3.12.8 | SECURITY CATEGORIZATION | 52 |
| 3.12.9 | MEDIA PROTECTION | 53 |
| 3.12.10 | CRYPTOGRAPHIC PROTECTIONS | 53 |
| 3.12.11 | ACCESS MANAGEMENT | 53 |
| 3.12.12 | IDENTITY AND AUTHENTICATION | 53 |
| 3.12.13 | REMOTE ACCESS | 54 |
| 3.12.14 | SECURITY ENGINEERING AND ARCHITECTURE | 54 |
| 3.12.15 | CONFIGURATION MANAGEMENT | 54 |
| 3.12.16 | ENDPOINT SECURITY | 54 |
| 3.12.17 | ICS/SCADA/OT SECURITY | 55 |
| 3.12.18 | INTERNET OF THINGS SECURITY | 55 |
| 3.12.19 | MOBILE DEVICE SECURITY | 55 |
| 3.12.20 | NETWORK SECURITY | 56 |
| 3.12.21 | CLOUD SECURITY | 56 |
| 3.12.22 | CHANGE MANAGEMENT | 56 |
| 3.12.23 | MAINTENANCE | 56 |
| 3.12.24 | THREAT MANAGEMENT | 57 |
| 3.12.25 | VULNERABILITY AND PATCH MANAGEMENT (VU) | 57 |
| 3.12.26 | CONTINUOUS MONITORING | 57 |
| 3.12.27 | SYSTEM DEVELOPMENT AND ACQUISITION | 57 |
| 3.12.28 | PROJECT AND RESOURCE Management | 58 |
| 3.12.29 | CAPACITY AND PERFORMANCE MANAGEMENT | 58 |
| 3.12.30 | THIRD PARTY MANAGEMENT | 58 |
| 3.12.31 | PHYSICAL AND ENVIRONMENTAL SECURITY | 58 |
| 3.12.32 | CONTINGENCY PLANNING | 59 |
| 3.12.33 | INCIDENT RESPONSE | 59 |
| 4.0 | QUOTE PREPARATION AND SUBMISSION – REQUIREMENTS OF THE VENDOR {BIDDER} | 60 |
| 4.1 | GENERAL | 60 |
| 4.2 | QUOTE DELIVERY AND IDENTIFICATION | 60 |
| 4.3 | NJSTART QUOTE SUBMISSION | 60 |
| 4.4 | QUOTE CONTENT | 61 |
| 4.4.1 | FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED | 61 |
| 4.4.2 | FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED BEFORE BLANKET P.O. AWARD AND THAT SHOULD BE SUBMITTED WITH THE QUOTE | 65 |
| 4.4.3 | TECHNICAL QUOTE | 68 |
| 4.4.4 | ORGANIZATIONAL SUPPORT AND EXPERIENCE | 70 |
| 4.4.5 | STATE-SUPPLIED PRICE SHEET | 72 |
| 4.4.6 | COOPERATIVE PURCHASING PROGRAM | 74 |
| 4.4.7 | ORAL PRESENTATIONS | 74 |
| 5.0 | SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O. | 75 |
| 5.1 | PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS | 75 |
| 5.2 | BLANKET P.O. TERM AND EXTENSION OPTION | 75 |
| 5.3 | BLANKET P.O. TRANSITION | 75 |
| 5.4 | CHANGE ORDER | 75 |
| 5.5 | VENDOR {CONTRACTOR} RESPONSIBILITIES | 76 |
| 5.6 | SUBSTITUTION OF STAFF | 76 |
| 5.7 | SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S) | 76 |
| 5.8 | OWNERSHIP OF MATERIAL | 77 |
| 5.9 | CONFIDENTIALITY | 77 |
| 5.10 | NEWS RELEASES | 78 |
| 5.11 | ADVERTISING | 78 |
| 5.12 | LICENSES AND PERMITS | 78 |
| 5.13 | CLAIMS AND REMEDIES | 79 |
| 5.13.1 | CLAIMS | 79 |
| 5.13.2 | REMEDIES | 79 |
| 5.13.3 | REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL BLANKET P.O. REQUIREMENTS | 79 |
| 5.14 | LIQUIDATED DAMAGES | 79 |
| 5.15 | RETAINAGE | 79 |
| 5.16 | ADDITIONAL WORK AND/OR SPECIAL PROJECTS | 79 |
| 5.17 | MODIFICATIONS AND CHANGES TO THE State of NJ STANDARD TERMS AND CONDITIONS (SSTC) | 80 |
| 5.17.1 | INDEMNIFICATION | 80 |
| 5.17.2 | INSURANCE - PROFESSIONAL LIABILITY INSURANCE | 80 |
| 5.17.3 | INSURANCE – CYBER BREACH INSURANCE | 81 |
| 5.18 | ACCESSIBILITY COMPLIANCE | 81 |
| 5.19 | BLANKET P.O. ACTIVITY REPORT | 81 |
| 5.20 | ELECTRONIC PAYMENTS | 82 |
| 5.21 | PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES | 82 |
| 6.0 | QUOTE EVALUATION | 83 |
| 6.1 | RIGHT TO WAIVE | 83 |
| 6.2 | DIRECTOR’S RIGHT OF FINAL Quote ACCEPTANCE | 83 |
| 6.3 | STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES | 83 |
| 6.4 | CLARIFICATION OF QUOTE / STATE'S RIGHT TO REQUEST FURTHER INFORMATION | 83 |
| 6.5 | QUOTE EVALUATION COMMITTEE | 83 |
| 6.6 | ORAL PRESENTATION | 83 |
| 6.7 | EVALUATION CRITERIA | 84 |
| 6.7.1 | TECHNICAL EVALUATION CRITERIA | 84 |
| 6.7.2 | VENDOR’S {BIDDER’S} STATE-SUPPLIED PRICE SHEET | 84 |
| 6.7.3 | QUOTE DISCREPANCIES | 84 |
| 6.7.4 | TIE-BREAKING CRITERIA | 84 |
| 6.7.5 | EVALUATION OF THE QUOTES | 84 |
| 6.8 | NEGOTIATION AND BEST AND FINAL OFFER (BAFO) | 85 |
| 6.9 | “REQUEST FOR REVISION” WITHIN NJSTART | 85 |
| 6.10 | POOR PERFORMANCE | 86 |
| 7.0 | BLANKET P.O. AWARD | 87 |
| 7.1 | DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD | 87 |
| 7.1.1 | REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (FORMERLY EXECUTIVE ORDER NO. 134), EXECUTIVE ORDER NO. 117 (2008) AND N.J.A.C. 17:12-5 ET SEQ. | 87 |
| 7.1.2 | SOURCE DISCLOSURE REQUIREMENTS | 87 |
| 7.1.3 | AFFIRMATIVE ACTION | 88 |
| 7.1.4 | BUSINESS REGISTRATION | 88 |
| 7.2 | FINAL BLANKET P.O. AWARD | 89 |
| 7.3 | INSURANCE CERTIFICATES | 89 |
| 7.4 | PERFORMANCE SECURITY | 89 |
| 8.0 | BLANKET P.O. ADMINISTRATION | 90 |
| 8.1 | STATE CONTRACT MANAGER | 90 |
| 8.1.1 | STATE CONTRACT MANAGER RESPONSIBILITIES | 90 |
| 8.1.2 | COORDINATION WITH THE STATE CONTRACT MANAGER | 90 |
| 9.0 | STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS | 91 |
| 1. STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT | 91 | |
| 1.1 CONTRACT TERMS CROSSWALK | 91 | |
| 2. | STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS | 91 |
| 2.1 | BUSINESS REGISTRATION | 91 |
| 2.2 | ANTI-DISCRIMINATION | 92 |
| 2.3 | PREVAILING WAGE ACT | 92 |
| 2.4 | AMERICANS WITH DISABILITIES ACT | 92 |
| 2.5 | MACBRIDE PRINCIPLES | 92 |
| 2.6 | PAY TO PLAY PROHIBITIONS | 92 |
| 2.7 | POLITICAL CONTRIBUTION DISCLOSURE | 93 |
| 2.8 | STANDARDS PROHIBITING CONFLICTS OF INTEREST | 93 |
| 2.9 | NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE | 94 |
| 2.10 | COMPLIANCE - LAWS | 94 |
| 2.11 | COMPLIANCE - STATE LAWS | 94 |
| 2.12 | WARRANTY OF NO SOLICITATION ON COMMISSION OR CONTINGENT FEE BASIS | 94 |
| 3. | STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET FORTH IN LAW OR BASED ON THE TYPE OF CONTRACT | 94 |
| 3.1 | COMPLIANCE - CODES | 94 |
| 3.2 | PUBLIC WORKS CONTRACTOR REGISTRATION ACT | 95 |
| 3.3 | PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS | 95 |
| 3.4 | BUILDING SERVICE | 96 |
| 3.5 | THE WORKER AND COMMUNITY RIGHT TO KNOW ACT | 96 |
| 3.6 | SERVICE PERFORMANCE WITHIN U.S. | 96 |
| 3.7 | BUY AMERICAN | 97 |
| 3.8 | DOMESTIC MATERIALS | 97 |
| 3.9 | DIANE B. ALLEN EQUAL PAY ACT | 97 |
| 3.10 | EMPLOYEE MISCLASSIFICATION | 97 |
| 3.11 | EXECUTIVE ORDER NO.271 (MURPHY) | 97 |
| 4. | INDEMNIFICATION AND INSURANCE | 98 |
| 4.1 | INDEMNIFICATION | 98 |
| 4.2 | INSURANCE | 98 |
| 5. | TERMS GOVERNING ALL CONTRACTS | 99 |
| 5.1 | CONTRACTOR IS INDEPENDENT CONTRACTOR | 99 |
| 5.2 | CONTRACT AMOUNT | 99 |
| 5.3 | CONTRACT TERM AND EXTENSION OPTION | 99 |
| 5.4 | STATE’S OPTION TO REDUCE SCOPE OF WORK | 99 |
| 5.5 | CHANGE IN LAW | 100 |
| 5.6 | SUSPENSION OF WORK | 100 |
| 5.7 | TERMINATION OF CONTRACT | 100 |
| 5.8 | SUBCONTRACTING OR ASSIGNMENT | 100 |
| 5.9 | NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE | 101 |
| 5.10 | MERGERS, ACQUISITIONS | 101 |
| 5.11 | PERFORMANCE GUARANTEE OF CONTRACTOR | 101 |
| 5.12 | DELIVERY REQUIREMENTS | 102 |
| 5.13 | APPLICABLE LAW AND JURISDICTION | 102 |
| 5.14 | CONTRACT AMENDMENT | 102 |
| 5.15 | MAINTENANCE OF RECORDS | 102 |
| 5.16 | ASSIGNMENT OF ANTITRUST CLAIM(S) | 102 |
| 6. | TERMS RELATING TO PRICE AND PAYMENT | 103 |
| 6.1 | PRICE FLUCTUATION DURING CONTRACT | 103 |
| 6.2 | TAX CHARGES | 103 |
| 6.3 | PAYMENT TO VENDORS | 103 |
| 6.4 | OPTIONAL PAYMENT METHOD: P-CARD | 104 |
| 6.5 | NEW JERSEY PROMPT PAYMENT ACT | 104 |
| 6.6 | AVAILABILITY OF FUNDS | 104 |
| 7. | TERMS RELATING TO ALL CONTRACTS FUNDED, IN WHOLE OR IN PART, BY FEDERAL FUNDS | 104 |
| 7.1 | CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS | 104 |
| 7.2 | DOMESTIC PREFERENCE FOR PROCUREMENTS | 105 |
| 7.3 | PROCUREMENT OF RECOVERED MATERIALS | 105 |
| 7.4 | EQUAL EMPLOYMENT OPPORTUNITY | 105 |
| 7.5 | DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED | 107 |
| 7.6 | COPELAND ANTI-KICKBACK ACT | 107 |
| 7.7 | CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 3701-3708 | 108 |
| 7.8 | RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT | 108 |
| 7.9 | CLEAN AIR ACT, 42 U.S.C. 7401-7671Q, AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387, AS AMENDED | 108 |
| 7.10 | DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689) | 109 |
| 7.11 | BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352 | 109 |
| 7.12 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT | 109 | |
| 1.0 | INFORMATION FOR VENDORS {BIDDERS} | 7 |
| 1.1 | PURPOSE AND INTENT | 7 |
| 1.2 | BACKGROUND | 7 |
| 1.2.1 | PRIMARY STATE USING AGENCIES | 8 |
| 1.3 | KEY EVENTS | 9 |
| 1.3.1 | ELECTRONIC QUESTION AND ANSWER PERIOD | 9 |
| 1.3.2 | SUBMISSION OF QUOTES | 10 |
| 1.3.3 | VENDOR {BIDDER} SUPPORT | 10 |
| 1.3.4 | MANDATORY/OPTIONAL SITE VISIT | 10 |
| 1.3.5 | OPTIONAL PRE-QUOTE CONFERENCE | 10 |
| 1.3.6 | PRE-QUOTE DOCUMENT REVIEW | 11 |
| 1.4 | ADDITIONAL INFORMATION | 12 |
| 1.4.1 | BID AMENDMENTS: Revisions to this BID SOLICITATION | 12 |
| 1.4.2 | VENDOR {BIDDER} Responsibility | 12 |
| 1.4.3 | COST LIABILITY | 12 |
| 1.4.4 | CONTENTS OF QUOTE | 12 |
| 1.4.5 | ANNOUNCEMENT OF QUOTE INFORMATION | 13 |
| 1.4.6 | PRICE ALTERATION IN QUOTES | 14 |
| 1.4.7 | QUOTE ERRORS | 14 |
| 1.4.8 | JOINT VENTURE | 14 |
| 1.4.9 | RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE | 15 |
| 1.4.10 | QUOTE ACCEPTANCES AND REJECTIONS | 15 |
| 1.4.11 | ELECTRONIC SIGNATURES | 15 |
| 1.4.12 | COOPERATIVE PURCHASING | 15 |
| 2.0 | DEFINITIONS | 17 |
| 2.1 | CROSSWALK | 17 |
| 2.2 | GENERAL DEFINITIONS | 17 |
| 2.3 | BLANKET P.O. SPECIFIC DEFINITIONS/ACRONYMS | 21 |
| 2.4 | BLANKET P.O. – USING AGENCY SPECIFIC DEFINITIONS/ACRONYMS | 24 |
| 3.0 | SCOPE OF WORK – REQUIREMENTS OF THE VENDOR {CONTRACTOR} | 27 |
| 3.1 | GENERAL OVERVIEW | 27 |
| 3.1.1 | GENERAL REQUIREMENTS | 27 |
| 3.1.2 | MEDICAL RECORDS | 28 |
| 3.1.3 | NEW JERSEY LICENSURE & HIPAA COMPLIANCE | 29 |
| 3.1.4 | SCHEDULING | 29 |
| 3.1.5 | AFTER HOUR SERVICES/EMERGENCIES | 30 |
| 3.1.6 | DELIVERY REQUIREMENTS FOR MEDICAL RESULTS | 30 |
| 3.1.7 | ELECTRONIC PORTAL FOR MEDICAL RESULTS | 31 |
| 3.1.8 | LABORATORY TESTING AFFILIATION | 31 |
| 3.2 | CONSULTATION SERVICES | 32 |
| 3.3 | STAFFING REQUIREMENTS | 32 |
| 3.4 | USING AGENCIES BACKGROUND INFORMATION | 32 |
| 3.5 | MEDICAL EXAMINATIONS | 33 |
| 3.5.1 | BASIC MEDICAL EXAMINATION | 33 |
| 3.5.2 | MEDICAL SURVIELLANCE EXAMINATION-SURVIELLANCE PURPOSES | 34 |
| 3.5.3 | MEDICAL SURVIELLANCE AND BIOLOGICAL MONITORING | 35 |
| 3.5.4 | OCCUPATIONAL NOISE SURVEILLANCE EXAMINATION | 35 |
| 3.5.5 | COMMERCIAL DRIVERS LICENSE PHYSICAL EXAMINATION | 36 |
| 3.5.6 | POLICE AND FIREMEN’S RETIREMENT SYSTEM PHYSICAL EXAMINATION | 36 |
| 3.5.7 | FITNESS FOR DUTY PHYSICAL EXAMINATION | 36 |
| 3.5.8 | OFFICER APPRENTICE\RECRUIT CANDIDATE EXAMINATION (DOC & DEP) | 37 |
| 3.5.8.1 | OFFICER APPRENTICE\RECRUIT CANDIDATE EXAMINATION FORMS AND REPORTS (DOC & DEP) | 37 |
| 3.5.9 | PSYCHOLOGICAL AND PSYCHIATRIC EXAMINATIONS | 38 |
| 3.5.10 | VISUAL ACUITY TESTS | 39 |
| 3.5.11 | RESPIRATORY CLEARANCE EXAMINATIONS | 39 |
| 3.5.12 | HAZARDOUS WASTE OPERATION & EMERGENCY RESPONSE SURVEILLANCE EXAMINATION | 42 |
| 3.5.13 | HAZARDOUS SUBSTANCE EXPOSURE EVALUATION EXAMINATION | 42 |
| 3.5.14 | LEAD AND OTHER HEAVY METALS SUREVILLANCE EXAMINATION | 42 |
| 3.5.15 | SILICA SURVEILLANCE EXAMINATION | 44 |
| 3.5.16 | ASBESTOS SURVEILLANCE EXAMINATION | 44 |
| 3.5.17 | INDEPENDENT MEDICAL EXAMINATION (IME) | 45 |
| 3.5.18 | INDEPENDENT PSYCHIATRIC EXAMINATION (IPE) | 45 |
| 3.6 | VACCINATIONS, IMMUNIZATIONS, TITERS AND TESTS | 45 |
| 3.6.1 | VACCINATIONS | 45 |
| 3.6.2 | TESTING AND TITERS | 46 |
| 3.6.2.1 | TUBERCULOSIS TEST | 46 |
| 3.6.2.2 | HEPATITIS B TITERS | 46 |
| 3.6.2.3 | RABIES PROPHYLAXIS TEST/TITERS | 47 |
| 3.6.2.4 | ADDITIONAL TESTING AND/OR EXAMINATIONS | 47 |
| 3.7 | QUALITY ASSURANCE PLAN | 48 |
| 3.8 | LITIGATION SUPPORT | 48 |
| 3.8.1 | LITIGATION (UNDER OATH) TESTIMONY | 48 |
| 3.9 | FORMS AND REPORTS | 48 |
| 3.10 | INVOICES AND/OR BILLING | 49 |
| 3.11 | VENDOR {CONTRACTOR} TRANSITION PLAN | 49 |
| 3.12 | SECURITY PLAN | 50 |
| 3.12.1 | INFORMATION SECURITY PROGRAM MANAGEMENT | 50 |
| 3.12.2 | PERSONNEL SECURITY | 50 |
| 3.12.3 | SECURITY AWARENESS AND TRAINING | 50 |
| 3.12.4 | RISK MANAGEMENT | 51 |
| 3.12.5 | PRIVACY | 51 |
| 3.12.6 | COMPLIANCE | 53 |
| 3.12.7 | ASSET MANAGEMENT | 53 |
| 3.12.8 | SECURITY CATEGORIZATION | 53 |
| 3.12.9 | MEDIA PROTECTION | 54 |
| 3.12.10 | CRYPTOGRAPHIC PROTECTIONS | 54 |
| 3.12.11 | ACCESS MANAGEMENT | 54 |
| 3.12.12 | IDENTITY AND AUTHENTICATION | 54 |
| 3.12.13 | REMOTE ACCESS | 55 |
| 3.12.14 | SECURITY ENGINEERING AND ARCHITECTURE | 55 |
| 3.12.15 | CONFIGURATION MANAGEMENT | 55 |
| 3.12.16 | ENDPOINT SECURITY | 55 |
| 3.12.17 | ICS/SCADA/OT SECURITY | 56 |
| 3.12.18 | INTERNET OF THINGS SECURITY | 56 |
| 3.12.19 | MOBILE DEVICE SECURITY | 56 |
| 3.12.20 | NETWORK SECURITY | 57 |
| 3.12.21 | CLOUD SECURITY | 57 |
| 3.12.22 | CHANGE MANAGEMENT | 57 |
| 3.12.23 | MAINTENANCE | 57 |
| 3.12.24 | THREAT MANAGEMENT | 58 |
| 3.12.25 | VULNERABILITY AND PATCH MANAGEMENT (VU) | 58 |
| 3.12.26 | CONTINUOUS MONITORING | 58 |
| 3.12.27 | SYSTEM DEVELOPMENT AND ACQUISITION | 58 |
| 3.12.28 | PROJECT AND RESOURCE Management | 59 |
| 3.12.29 | CAPACITY AND PERFORMANCE MANAGEMENT | 59 |
| 3.12.30 | THIRD PARTY MANAGEMENT | 59 |
| 3.12.31 | PHYSICAL AND ENVIRONMENTAL SECURITY | 59 |
| 3.12.32 | CONTINGENCY PLANNING | 60 |
| 3.12.33 | INCIDENT RESPONSE | 60 |
| 4.0 | QUOTE PREPARATION AND SUBMISSION – REQUIREMENTS OF THE VENDOR {BIDDER} | 61 |
| 4.1 | GENERAL | 61 |
| 4.2 | QUOTE DELIVERY AND IDENTIFICATION | 61 |
| 4.3 | NJSTART QUOTE SUBMISSION | 61 |
| 4.4 | QUOTE CONTENT | 62 |
| 4.4.1 | FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED | 62 |
| 4.4.2 | FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED BEFORE BLANKET P.O. AWARD AND THAT SHOULD BE SUBMITTED WITH THE QUOTE | 66 |
| 4.4.3 | TECHNICAL QUOTE | 68 |
| 4.4.4 | ORGANIZATIONAL SUPPORT AND EXPERIENCE | 70 |
| 4.4.5 | STATE-SUPPLIED PRICE SHEET | 73 |
| 4.4.6 | COOPERATIVE PURCHASING PROGRAM | 74 |
| 4.4.7 | ORAL PRESENTATIONS | 74 |
| 5.0 | SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O. | 75 |
| 5.1 | PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS | 75 |
| 5.2 | BLANKET P.O. TERM AND EXTENSION OPTION | 75 |
| 5.3 | BLANKET P.O. TRANSITION | 75 |
| 5.4 | CHANGE ORDER | 75 |
| 5.5 | VENDOR {CONTRACTOR} RESPONSIBILITIES | 76 |
| 5.6 | SUBSTITUTION OF STAFF | 76 |
| 5.7 | SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S) | 76 |
| 5.8 | OWNERSHIP OF MATERIAL | 77 |
| 5.9 | CONFIDENTIALITY | 77 |
| 5.10 | NEWS RELEASES | 78 |
| 5.11 | ADVERTISING | 78 |
| 5.12 | LICENSES AND PERMITS | 78 |
| 5.13 | CLAIMS AND REMEDIES | 79 |
| 5.13.1 | CLAIMS | 79 |
| 5.13.2 | REMEDIES | 79 |
| 5.13.3 | REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL BLANKET P.O. REQUIREMENTS | 79 |
| 5.14 | LIQUIDATED DAMAGES | 79 |
| 5.15 | RETAINAGE | 79 |
| 5.16 | ADDITIONAL WORK AND/OR SPECIAL PROJECTS | 79 |
| 5.17 | MODIFICATIONS AND CHANGES TO THE State of NJ STANDARD TERMS AND CONDITIONS (SSTC) | 80 |
| 5.17.1 | INDEMNIFICATION | 80 |
| 5.17.2 | INSURANCE - PROFESSIONAL LIABILITY INSURANCE | 80 |
| 5.17.3 | INSURANCE – CYBER BREACH INSURANCE | 81 |
| 5.18 | ACCESSIBILITY COMPLIANCE | 81 |
| 5.19 | BLANKET P.O. ACTIVITY REPORT | 81 |
| 5.20 | ELECTRONIC PAYMENTS | 82 |
| 5.21 | PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES | 82 |
| 6.0 | QUOTE EVALUATION | 83 |
| 6.1 | RIGHT TO WAIVE | 83 |
| 6.2 | DIRECTOR’S RIGHT OF FINAL Quote ACCEPTANCE | 83 |
| 6.3 | STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES | 83 |
| 6.4 | CLARIFICATION OF QUOTE / STATE'S RIGHT TO REQUEST FURTHER INFORMATION | 83 |
| 6.5 | QUOTE EVALUATION COMMITTEE | 83 |
| 6.6 | ORAL PRESENTATION | 83 |
| 6.7 | EVALUATION CRITERIA | 84 |
| 6.7.1 | TECHNICAL EVALUATION CRITERIA | 84 |
| 6.7.2 | VENDOR’S {BIDDER’S} STATE-SUPPLIED PRICE SHEET | 84 |
| 6.7.3 | QUOTE DISCREPANCIES | 84 |
| 6.7.4 | TIE-BREAKING CRITERIA | 84 |
| 6.7.5 | EVALUATION OF THE QUOTES | 84 |
| 6.8 | NEGOTIATION AND BEST AND FINAL OFFER (BAFO) | 85 |
| 6.9 | “REQUEST FOR REVISION” WITHIN NJSTART | 85 |
| 6.10 | POOR PERFORMANCE | 86 |
| 7.0 | BLANKET P.O. AWARD | 87 |
| 7.1 | DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD | 87 |
| 7.1.1 | REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (FORMERLY EXECUTIVE ORDER NO. 134), EXECUTIVE ORDER NO. 117 (2008) AND N.J.A.C. 17:12-5 ET SEQ. | 87 |
| 7.1.2 | SOURCE DISCLOSURE REQUIREMENTS | 87 |
| 7.1.3 | AFFIRMATIVE ACTION | 88 |
| 7.1.4 | BUSINESS REGISTRATION | 88 |
| 7.2 | FINAL BLANKET P.O. AWARD | 89 |
| 7.3 | INSURANCE CERTIFICATES | 89 |
| 7.4 | PERFORMANCE SECURITY | 89 |
| 8.0 | BLANKET P.O. ADMINISTRATION | 90 |
| 8.1 | STATE CONTRACT MANAGER | 90 |
| 8.1.1 | STATE CONTRACT MANAGER RESPONSIBILITIES | 90 |
| 8.1.2 | COORDINATION WITH THE STATE CONTRACT MANAGER | 90 |
| 9.0 | STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS | 91 |
| 1. STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT | 91 | |
| 1.1 CONTRACT TERMS CROSSWALK | 91 | |
| 2. | STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS | 91 |
| 2.1 | BUSINESS REGISTRATION | 91 |
| 2.2 | ANTI-DISCRIMINATION | 92 |
| 2.3 | PREVAILING WAGE ACT | 92 |
| 2.4 | AMERICANS WITH DISABILITIES ACT | 92 |
| 2.5 | MACBRIDE PRINCIPLES | 92 |
| 2.6 | PAY TO PLAY PROHIBITIONS | 92 |
| 2.7 | POLITICAL CONTRIBUTION DISCLOSURE | 93 |
| 2.8 | STANDARDS PROHIBITING CONFLICTS OF INTEREST | 93 |
| 2.9 | NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE | 94 |
| 2.10 | COMPLIANCE - LAWS | 94 |
| 2.11 | COMPLIANCE - STATE LAWS | 94 |
| 2.12 | WARRANTY OF NO SOLICITATION ON COMMISSION OR CONTINGENT FEE BASIS | 94 |
| 3. | STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET FORTH IN LAW OR BASED ON THE TYPE OF CONTRACT | 94 |
| 3.1 | COMPLIANCE - CODES | 94 |
| 3.2 | PUBLIC WORKS CONTRACTOR REGISTRATION ACT | 95 |
| 3.3 | PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS | 95 |
| 3.4 | BUILDING SERVICE | 96 |
| 3.5 | THE WORKER AND COMMUNITY RIGHT TO KNOW ACT | 96 |
| 3.6 | SERVICE PERFORMANCE WITHIN U.S. | 96 |
| 3.7 | BUY AMERICAN | 97 |
| 3.8 | DOMESTIC MATERIALS | 97 |
| 3.9 | DIANE B. ALLEN EQUAL PAY ACT | 97 |
| 3.10 | EMPLOYEE MISCLASSIFICATION | 97 |
| 3.11 | EXECUTIVE ORDER NO.271 (MURPHY) | 97 |
| 4. | INDEMNIFICATION AND INSURANCE | 98 |
| 4.1 | INDEMNIFICATION | 98 |
| 4.2 | INSURANCE | 98 |
| 5. | TERMS GOVERNING ALL CONTRACTS | 99 |
| 5.1 | CONTRACTOR IS INDEPENDENT CONTRACTOR | 99 |
| 5.2 | CONTRACT AMOUNT | 99 |
| 5.3 | CONTRACT TERM AND EXTENSION OPTION | 99 |
| 5.4 | STATE’S OPTION TO REDUCE SCOPE OF WORK | 99 |
| 5.5 | CHANGE IN LAW | 100 |
| 5.6 | SUSPENSION OF WORK | 100 |
| 5.7 | TERMINATION OF CONTRACT | 100 |
| 5.8 | SUBCONTRACTING OR ASSIGNMENT | 100 |
| 5.9 | NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE | 101 |
| 5.10 | MERGERS, ACQUISITIONS | 101 |
| 5.11 | PERFORMANCE GUARANTEE OF CONTRACTOR | 101 |
| 5.12 | DELIVERY REQUIREMENTS | 102 |
| 5.13 | APPLICABLE LAW AND JURISDICTION | 102 |
| 5.14 | CONTRACT AMENDMENT | 102 |
| 5.15 | MAINTENANCE OF RECORDS | 102 |
| 5.16 | ASSIGNMENT OF ANTITRUST CLAIM(S) | 102 |
| 6. | TERMS RELATING TO PRICE AND PAYMENT | 103 |
| 6.1 | PRICE FLUCTUATION DURING CONTRACT | 103 |
| 6.2 | TAX CHARGES | 103 |
| 6.3 | PAYMENT TO VENDORS | 103 |
| 6.4 | OPTIONAL PAYMENT METHOD: P-CARD | 104 |
| 6.5 | NEW JERSEY PROMPT PAYMENT ACT | 104 |
| 6.6 | AVAILABILITY OF FUNDS | 104 |
| 7. | TERMS RELATING TO ALL CONTRACTS FUNDED, IN WHOLE OR IN PART, BY FEDERAL FUNDS | 104 |
| 7.1 | CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS | 104 |
| 7.2 | DOMESTIC PREFERENCE FOR PROCUREMENTS | 105 |
| 7.3 | PROCUREMENT OF RECOVERED MATERIALS | 105 |
| 7.4 | EQUAL EMPLOYMENT OPPORTUNITY | 105 |
| 7.5 | DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED | 107 |
| 7.6 | COPELAND ANTI-KICKBACK ACT | 107 |
| 7.7 | CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 3701-3708 | 108 |
| 7.8 | RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT | 108 |
| 7.9 | CLEAN AIR ACT, 42 U.S.C. 7401-7671Q, AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387, AS AMENDED | 108 |
| 7.10 | DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689) | 109 |
| 7.11 | BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352 | 109 |
| 7.12 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT | 109 |
BID SOLICITATION SPECIFIC ATTACHMENTS
1. Attachment #1 Required Forms
INFORMATION FOR VENDORS {BIDDERS}
NOTICE: This Bid Solicitation is part of the NJSTART Procurement Program. The Vendor {Bidder} is advised to thoroughly read all sections, as many have been revised, and follow all instructions contained in this Bid Solicitation, including the instructions on the Bid Solicitation’s Offer and Acceptance Page and read through all Quick Reference Guides (QRGs) located on the NJSTART Vendor Support Page , before preparing and submitting its Quote.
Please be advised that on October 20, 2021, Governor Murphy signed Executive Order No. 271 which went into effect on that day. In accordance with EO 271, a covered contractor must certify that it has a policy in place:
(1) that requires all covered workers to provide adequate proof, in accordance with EO 271, to the covered contractor that the covered worker has been fully vaccinated; or
(2) that requires that unvaccinated covered workers submit to COVID-19 screening testing at minimum one to two times weekly until such time as the covered worker is fully vaccinated; and
(3) that the covered contractor has a policy for tracking COVID-19 screening test results as required by EO 271 and must report the results to local public health departments.
The requirements of EO 271 apply to all covered contractors and subcontractors, at any tier, providing services, construction, demolition, remediation, removal of hazardous substances, alteration, custom fabrication, repair work, or maintenance work, or a leasehold interest in real property through which covered workers have access to State property. Please review and complete the EO 271 certification and submit it with your Quote.
PURPOSE AND INTENT
This Bid Solicitation is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of various State departments and agencies. The purpose of this Bid Solicitation is to solicit Quotes from medical professionals to provide facilities and perform medical examinations, testing, and services.
The intent of this Bid Solicitation is to award a Master Blanket Purchase Order (Blanket P.O.) to that responsible Vendor {Bidder} whose Quote, conforming to this Bid Solicitation is most advantageous to the State, price and other factors considered. The State may award any and all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket P.O. during the Blanket P.O. term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.
The State intends to award one (1) Statewide Blanket P.O. for all price line items, in accordance with requirements set forth in Bid Solicitation Section 6.7.
The State of NJ Standard Terms and Conditions (SSTCs) accompanying this Bid Solicitation will apply to all Blanket P.O.s made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this Bid Solicitation and should be read in conjunction with them unless the Bid Solicitation specifically indicates otherwise.
BACKGROUND
This is a reprocurement of the services under T2609, Medical Examinations, Testing, & Services, presently due to expire on September 30, 2021. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T2609 at www.njstart.gov by following these steps:
Go to: www.njstart.gov Select “Contract & Bid Search” Select “Contracts/Blankets” Under “Contract/Blanket Description” type in T2609, Click “Find It” The current Blanket P.O.s will appear under “Results”.
Vendors {Bidders} are cautioned that this new Bid Solicitation addresses current requirements. Vendors {Bidders} should not rely upon or use data from the prior Blanket P.O.
PRIMARY STATE USING AGENCIES
Volumes of projected usage of the requirements of the Bid Solicitation are presented in the aggregate for the following four (4) primary State Using Agencies:
A. The Department of Corrections (DOC):
1. Requires all apprentice candidates to go through a pre-employment processing consisting of several elements, one of which is medical screening to assess and monitor an apprentice candidates' health status and fitness for duty, prior to assignment to work; and
2. Expects to conduct examinations up to two (2) times per month, averaging approximately 30 to 50 candidates on each scheduled date. The number of examinations is dependent upon the number of eligible candidates from Department of Personnel lists, manpower needs of DOC, and candidates responding to scheduled examinations.
B. The Department of Environmental Protection (DEP):
1. Requires a Medical Surveillance Program (MSP) to assess and monitor DEP employees’ health status and fitness for duty prior to assignment to fieldwork and during employment, as well as monitor any short term and long-term effects of exposure during the course of employment. Such services meet the requirements of Occupational Safety and Health Administration (OSHA) standards;
2. Enrolls Approximately 1,500 DEP employees in the MSP and related service programs, including employees involved in:
a. Hazardous waste mitigation;
b. Jobs requiring the use of Respirators;
c. Laboratory work;
d. Excessive loud noise;
e. Exposure to potentially infectious material;
f. Park Police, Conservation Officer and their respective recruit candidates; and
g. Those needing a Commercial Divers License (CDL).
3. Expects approximately 350 examinations to be performed annually. Determination for inclusion or removal from the MSP is predicated upon job duties and exposure profile criteria and is decided by DEP. While the actual frequency of the medical examination is determined by DEP, this may be changed by the examining physician upon findings of significant medical problems or significant chemical exposures; and
4. Requires an exit examination at termination of employment or upon job re-assignment provided that a complete examination has not been performed within the last six (6) months which includes a recent chest x-ray and an Electrocardiogram (EKG) test regardless of cycle.
C. The Department of Health (DOH) requires the provision of medical services such as Respirator clearance examinations, medical examination, medical surveillance, medical evaluation, Immunization and Immunity Testing to approximately 200 DOH employees including:
1. Employees subject to the following federal and State regulations:
a. OSHA 29 CFR 1901.1-1910.441, General Industry Standards Part 1;
b. OSHA 29 CFR 1910.1000-end, General Industry Standards Part 2; and
c. PEOSH N.J.A.C. 12:100, Subchapter 4, General Standards.
2. Employees who are exposed to infectious material but not covered by the above regulations; and
3. Employees who attend an annual Wellness Fair limited to selected testing and health education.
D. The Department of Transportation (DOT) requires the provision of medical services to employees subject to the following federal and State regulations:
1. OSHA 29 CFR 1910, OSHA 29 CFR 1926 , PEOSH N.J.A.C. 12:100 and all Appendices, whether mandatory or non-mandatory; and
2. Medical surveillance including but not limited to the criteria as outlined in the following 29 CFR regulations: 1910.95, 1910.120, 1910.134, 1910 Subpart Z, 1910.1001, 1910.1025, 1910.1030, 1910.1450, 1926.52, 1926.62, 1926.65, 1926.103, 1926 Subpart Z, 1926.1101 and other standards requiring medical surveillance, as adopted under the Public Employee Occupational Safety and Health Act N.J.S.A. 34:6A-25 et seq.
Note: These estimated volumes do not include possible use by other State agencies and Cooperative Purchasing Program Participants. The State makes no guarantee of any minimum or maximum volumes, as these numbers may change depending upon participation.
KEY EVENTS
ELECTRONIC QUESTION AND ANSWER PERIOD
The Division will electronically accept questions and inquiries from all potential Vendors {Bidders} via the “Q&A” Tab of the Bid Solicitation in NJSTART.
A. Questions should be directly tied to the Bid Solicitation and asked in consecutive order, from beginning to end, following the organization of the Bid Solicitation; and B. Each question should begin by referencing the Bid Solicitation page number and section number to which it relates.
Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.
A Vendor {Bidder} shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone or by email, concerning this Bid Solicitation, prior to the final award of the Blanket P.O.
The cut-off date for electronic questions and inquiries relating to this Bid Solicitation is indicated on the Bid Solicitation cover sheet. In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation. Bid Amendments {Addenda} to this Bid Solicitation, if any, will be posted as a File Attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date. (See Bid Solicitation Section 1.4.1 for further information.)
EXCEPTIONS TO THE STATE OF NJ STANDARD TERMS AND CONDITIONS (SSTC)
Questions regarding the State of New Jersey Standard Terms and Conditions (SSTC) and exceptions to mandatory requirements must be posed during this Electronic Question and Answer period and shall contain the Vendor’s {Bidder’s} suggested changes and the reason(s) for the suggested changes.
SUBMISSION OF QUOTES
In order to be considered for award, the Quote must be received by the Procurement Bureau of the Division at the appropriate location by the required time. Vendors {Bidders} shall submit a Quote electronically through NJSTART.
THE DATE AND TIME OF THE QUOTE OPENING ARE INDICATED ON THE BID SOLICITATION COVER SHEET AND ON THE “SUMMARY” TAB OF THE BID SOLICITATION WEBPAGE WITHIN NJSTART.
QUOTES WILL BE PUBLICLY OPENED AND ANNOUNCED BY TELEPHONE CONFERENCE ON THE DATE AND TIME OF THE QUOTE OPENING.
(DIAL-IN PHONE NUMBER: 888-204-5984 / ACCESS CODE: 2602305).
IF THE QUOTE OPENING DEADLINE HAS BEEN REVISED, THE NEW QUOTE OPENING DEADLINE SHALL BE SHOWN ON THE POSTED BID AMENDMENT AND ON THE “SUMMARY” TAB OF THE BID SOLICITATION WEBPAGE WITHIN NJSTART.
QUOTES NOT RECEIVED PRIOR TO THE QUOTE OPENING DEADLINE SHALL BE REJECTED.
VENDOR {BIDDER} SUPPORT
Vendors {Bidders} are strongly encouraged to visit the NJSTART Vendor Support Page, which contains Quick Reference Guides (QRGs), supporting videos, a glossary of NJSTART terms, and helpdesk contact information.
The Vendor {Bidder} should utilize the QRGs before attempting to submit its Quote using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote and attachments have been properly submitted.
Inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov.
The Division will not respond to substantive questions related to the Bid Solicitation or any other Blanket P.O. via this email address. For inquiries related to substantive questions refer to Section 1.3.1 (Electronic Question and Answer Period).
MANDATORY/OPTIONAL SITE VISIT
Not applicable to this procurement.
OPTIONAL PRE-QUOTE CONFERENCE
The date and time of the Optional Pre-Quote Conference is indicated on the Bid Solicitation cover sheet.
Attendees may attend the Optional Pre-Quote Conference from your computer, tablet or smartphone. Click the following link to join the Optional Pre-Quote Conference:
Join on your computer or mobile app via TEAMS:
Click here to join the meeting
You can also dial in using your phone.
United States: +1 (856) 338-7074 Phone Conference ID Code: 976 425 360#
An attendee may represent only one (1) potential bidding entity.
The Optional Pre-Quote Conference may be recorded.
The purpose of the Optional Pre-Quote Conference is to provide a structured and formal opportunity for the State to accept questions from Vendors {Bidders} regarding this Bid Solicitation. In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation.
PRE-QUOTE DOCUMENT REVIEW
The following are publicly available documents that a Vendor {Bidder} needs to review in order to prepare and submit accurate and comprehensive Quotes:
A. Available at the Occupational Safety and Health Administration web site: www.osha.gov:
1. 29 CFR 1910.1-1910.20 General Industry Standards; https://www.osha.gov/laws-regs/regulations/standardnumber/1910;
2. 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response; https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.120;
3. 29 CFR 1910.134 Respiratory Protection; https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.134;
4. CFR 1910. 95 Occupational Noise Exposure; https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.95;
5. CFR 1910.1450 Occupational Exposure to Hazardous Chemicals in Laboratories; https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1450;
6. CFR 1910.1030 Bloodborne Pathogens; https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1030;
7. 1910.1001 Asbestos; https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1001;
8. 1910.1025 Lead; https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1025;
9. 1926.52 Occupational Noise Exposure; https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.52;
10. 1926.62 Lead; https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.62;
11. 1926.65 Hazardous Waste Operations & Emergency Response; https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.65; and
12. 1926.103 Respiratory Protection; https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.103.
B. DHHS/NIOSH Publication No. 2005-110 at http://www.cdc.gov/
C. Available at the United States Department of Transportation web site: www.fmcsa.dot.gov/rulesregs:
1. 49 CFR 391.41 Physical Qualifications for Drivers; https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.391#se49.5.391_141;
2. 49 CFR 391. 49 Skills performance Evaluation Certificate; https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.391#se49.5.391_149; and
3. DOT-FMCSA Medical Fitness Determination Report 649-F; https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Medical_Examination_Report_for_Commercial_Driver_Fitness_Determination_649-F%286045%29.pdf .
ADDITIONAL INFORMATION
BID AMENDMENTS: Revisions to this BID SOLICITATION
In the event that it becomes necessary to clarify or revise this Bid Solicitation, such clarification or revision will be by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation.
There are no designated dates for release of Bid Amendments. Those Vendors {Bidders} who are on the bid holder list either through commodity code registration in NJSTART or by acknowledging the bid in NJSTART should receive notification of any Bid Amendment(s). If a Vendor {Bidder} is not on the bid holder list to receive notifications related to a Bid Solicitation, Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.
BID AMENDMENTS WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE VIEWABLE ON THE “SUMMARY” PAGE OF THE BID SOLICITATION IN NJSTART. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instructions. QRGs are located on the NJSTART Vendor Support Page.
It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all Bid Amendments related to this procurement. An interested Vendor {Bidder} should check the NJSTART “Open Bids” Tab on a daily basis to ensure review of the most updated information.
VENDOR {BIDDER} Responsibility
The Vendor {Bidder} assumes sole responsibility for the complete effort required in submitting a Quote in response to this Bid Solicitation. No special consideration will be given after Quotes are opened because of a Vendor’s {Bidder’s} failure to be knowledgeable as to all of the requirements of this Bid Solicitation.
COST LIABILITY
The State assumes no responsibility and bears no liability for costs incurred by a Vendor {Bidder} in the preparation and submittal of a Quote in response to this Bid Solicitation.
CONTENTS OF QUOTE
Quotes can be released to the public pursuant to N.J.A.C. 17:12-1.2(b) and (c), or under the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., or the common law right to know.
After the opening of sealed Quotes, all information submitted by a Vendor {Bidder} in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Vendor {Bidder}. Proprietary, financial, security and confidential information may be exempt from public disclosure by OPRA and/or the common law when the Vendor {Bidder} has a good faith, legal/factual basis for such assertion.
When the Bid Solicitation contains a negotiation component, the Quote will not be subject to public disclosure until a notice of intent to award a Blanket P.O. is announced.
As part of its Quote, a Vendor {Bidder} may designate any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion. Vendor {Bidder} must provide a detailed statement clearly identifying those sections of the Quote that it claims are exempt from production, and the legal and factual basis that supports said exemption(s) as a matter of law. The State will not honor any attempts by a Vendor {Bidder} to designate its entire Quote as proprietary, confidential and/or to claim copyright protection for its entire Quote.
The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the Vendor {Bidder} accordingly. Any proprietary and/or confidential information in a Quote will be redacted by the State. Copyright law does not prohibit access to a record which is otherwise available under OPRA.
In the event of any challenge to the Vendor’s {Bidder’s} assertion of confidentiality with which the State does not concur, the Vendor {Bidder} shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Vendor {Bidder}. The State assumes no such responsibility or liability.
A Vendor {Bidder} shall not designate any price lists and/or catalogs submitted as exempt from public disclosure as the same must be accessible to State Using Agencies and Cooperative Purchasing Program participants (if the Bid Solicitation has been extended to these participants) and thus must be made public to allow all eligible purchasing entities access to the pricing information.
In order not to delay consideration of the Quote or the State’s response to a request for documents, the State requires that Vendor {Bidder} respond to any request regarding confidentiality markings within the timeframe designated in the State’s correspondence regarding confidentiality. If no response is received by the designated date and time, the State will be permitted to release a copy of the Quote with the State making the determination regarding what may be proprietary or confidential.
See Bid Solicitation Section 4.4.2.4 Confidentiality/Commitment to Defend for additional information.
ANNOUNCEMENT OF QUOTE INFORMATION
On the date and time Quotes are due under the Bid Solicitation, all information concerning the Quotes submitted may be publicly announced and shall be available for inspection and copying except as noted below:
1. Information appropriately designated as proprietary and/or confidential shall not be available for inspection and copying; and
2. Where negotiation is contemplated, only the names and addresses of the Vendors {Bidders} submitting Quotes will be announced, and the contents of the Quotes shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.
PRICE ALTERATION IN QUOTES
Any price changes including hand written revisions or "white-outs" must be initialed. Failure to initial price changes shall preclude a Blanket P.O. award from being made to the Vendor {Bidder} pursuant to N.J.A.C. 17:12-2.2(a)(8).
QUOTE ERRORS
In accordance with N.J.A.C. 17:12-2.11 “Proposal errors,” a Vendor {Bidder} may withdraw its Quote as described below.
QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING
A Vendor {Bidder} may withdraw its Quote submission in NJSTART prior to the Quote opening; however, Vendors {Bidders} should note that while withdrawn NJSTART Quotes remain viewable by the Vendor {Bidder} on its Vendor Profile Homepage, they are removed from the Division’s view and cannot be considered for Blanket P.O. award. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.
QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO BLANKET P.O. AWARD
If, after the Quote opening, but before Blanket P.O. award, a Vendor {Bidder} discovers an error in its Quote, the Vendor {Bidder} may make a written request to the Procurement Bureau to withdraw its Quote, from consideration for award. If the Vendor’s {Bidder’s} request to withdraw is made in good faith, and the State will not be significantly prejudiced by granting the withdrawal of the Quote beyond the loss of the benefit of the bargain to the State of the withdrawing Vendor’s {Bidder’s} offer, the request shall be granted. Evidence of the Vendor’s {Bidder’s} good faith in making this request can be demonstrated by one (1) or more of the following factors: A mistake is so significant that to enforce the Blanket P.O. resulting from the Quote would be unconscionable; that the mistake relates to a material feature or term of the Blanket P.O.; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After Quote opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its Quote and the Director may in his/her discretion allow said Vendor {Bidder} to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Vendor {Bidder} and take those prior requests to withdraw into consideration when evaluating the Vendor’s {Bidder’s} future Quotes.
The Quote withdrawal request must include the Bid Solicitation Number, Bid Solicitation Title, the Quote submission date and should be sent to Procurement.Bureau@treas.nj.gov.
If during a Quote evaluation process, an obvious pricing error made by a potential Blanket P.O. awardee is found, the Director or his/her designee shall issue written notice to the Vendor {Bidder}. The Vendor {Bidder} will have up to five (5) business days after receipt of the notice to confirm its pricing. If the Vendor {Bidder} fails to respond, its Quote shall be considered withdrawn, and no further consideration shall be given to it.
JOINT VENTURE
If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance Page. Each party to the Joint Venture must individually comply with all the forms and certification requirements in Sections 4.4.1 and 4.4.2 of this Bid Solicitation.
RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE
In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17:12-2.13, the State of New Jersey will invoke reciprocal action against an out-of-State Vendor {Bidder} whose state or locality maintains a preference practice for its in-state Vendors {Bidders}. The State of New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Procurement Officials, or the National Institute of Governmental Purchasing or a State’s statutes and regulations to identify States having preference laws, regulations, or practices and to invoke reciprocal actions. The State of New Jersey may obtain additional information as it deems appropriate to supplement the stated survey information.
A Vendor {Bidder} may submit information related to preference practices enacted for a State or Local entity outside the State of New Jersey. This information may be submitted in writing as part of the Quote response, including name of the locality having the preference practice, as well as identification of the county and state, and should include a copy of the appropriate documentation, i.e., resolution, regulation, law, notice to Vendor {Bidder}, etc. It is the responsibility of the Vendor {Bidder} to provide documentation with the Quote or submit it to the Director within five (5) business days after the deadline for Quote submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote submission date may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.
QUOTE ACCEPTANCES AND REJECTIONS
N.J.A.C. 17:12-2.7(d), the Director’s right to waive minor irregularities or omissions in a Quote and N.J.A.C. 17:12-2.2 which defines causes for Quote rejection, apply to all Quotes.
ELECTRONIC SIGNATURES
Vendors {Bidders} submitting Quotes through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket P.O. Award and That Should Be Submitted with the Quote) of this Bid Solicitation electronically by typing the name of the authorized signatory in the “Signature” block as an alternative to downloading, physically signing the form, scanning the form, and uploading the form to NJSTART.
COOPERATIVE PURCHASING
The State of New Jersey (State) intends to extend the Blanket P.O. awarded to the Division's Cooperative Purchasing Program participants. These participants include quasi-State entities, counties, municipalities, school districts, volunteer fire departments, first aid squads, independent institutions of higher learning, County colleges, and State colleges. In order for the State Blanket P.O. to be extended to Cooperative Purchasing Program participants, the Vendor {Bidder} must agree to the extension by executing the Cooperative Purchase Form. See Section 4.4.6 of this Bid Solicitation. Although the State, with the consent of the Vendor(s) {Bidder(s)}, is making the use of any Blanket P.O. resulting from this Bid Solicitation available to non-State Agencies, the State makes no representation as to the acceptability of any State Bid Solicitation terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation.
A. Supplier Convenience Fee For all purchases made by Cooperative Purchasing Program participants under the Blanket P.O., the Vendor {Contractor} shall remit the Supplier Convenience Fee in the amount of one percent (1%) of all Net Purchases to Periscope Holdings, Inc. (Periscope).
“Net Purchases” means the total gross purchases, less credits, taxes, regulatory fees and separately stated shipping charges not included in unit prices, made by Cooperative Purchasing Program Participants, regardless of whether or not NJSTART is used as part of the purchase process.
B. Quarterly Convenience Fee Remittance On a quarterly basis, the Vendor {Contractor} shall remit the Supplier Convenience Fee via Automated Clearing House (ACH) transactions directly to Periscope using the NJSTART Reconciler module. The remittance shall be made no later than thirty (30) calendar days after the end of each calendar quarter. The calendar quarters will end March 31, June 30, September 30, and December 31.
Failure to remit the Supplier Convenience Fee timely and accurately may result in Vendor’s {Contractor’s} goods and services being made ineligible for purchase through the NJSTART Marketplace module by Cooperative Purchasing Program Participants.
C. Catalog Enablement The Vendor {Contractor} shall cooperate with State and/or Periscope as requested to…
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