02 T2609 Revised Bid Solicitation 05-18-22.docx

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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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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

1.0INFORMATION FOR VENDORS {BIDDERS}7
1.1PURPOSE AND INTENT7
1.2BACKGROUND7
1.2.1PRIMARY STATE USING AGENCIES8
1.3KEY EVENTS9
1.3.1ELECTRONIC QUESTION AND ANSWER PERIOD9
1.3.2SUBMISSION OF QUOTES10
1.3.3VENDOR {BIDDER} SUPPORT10
1.3.4MANDATORY/OPTIONAL SITE VISIT10
1.3.5OPTIONAL PRE-QUOTE CONFERENCE10
1.3.6PRE-QUOTE DOCUMENT REVIEW11
1.4ADDITIONAL INFORMATION12
1.4.1BID AMENDMENTS: Revisions to this BID SOLICITATION12
1.4.2VENDOR {BIDDER} Responsibility12
1.4.3COST LIABILITY12
1.4.4CONTENTS OF QUOTE12
1.4.5ANNOUNCEMENT OF QUOTE INFORMATION13
1.4.6PRICE ALTERATION IN QUOTES14
1.4.7QUOTE ERRORS14
1.4.8JOINT VENTURE14
1.4.9RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE15
1.4.10QUOTE ACCEPTANCES AND REJECTIONS15
1.4.11ELECTRONIC SIGNATURES15
1.4.12COOPERATIVE PURCHASING15
2.0DEFINITIONS17
2.1CROSSWALK17
2.2GENERAL DEFINITIONS17
2.3BLANKET P.O. SPECIFIC DEFINITIONS/ACRONYMS21
2.4BLANKET P.O. – USING AGENCY SPECIFIC DEFINITIONS/ACRONYMS24
3.0SCOPE OF WORK – REQUIREMENTS OF THE VENDOR {CONTRACTOR}26
3.1GENERAL OVERVIEW26
3.1.1GENERAL REQUIREMENTS26
3.1.2MEDICAL RECORDS27
3.1.3NEW JERSEY LICENSURE & HIPAA COMPLIANCE28
3.1.4SCHEDULING28
3.1.5AFTER HOUR SERVICES/EMERGENCIES29
3.1.6DELIVERY REQUIREMENTS FOR MEDICAL RESULTS29
3.1.7ELECTRONIC PORTAL FOR MEDICAL RESULTS30
3.1.8LABORATORY TESTING AFFILIATION30
3.2CONSULTATION SERVICES31
3.3STAFFING REQUIREMENTS31
3.4USING AGENCIES BACKGROUND INFORMATION31
3.5MEDICAL EXAMINATIONS32
3.5.1BASIC MEDICAL EXAMINATION32
3.5.2MEDICAL SURVIELLANCE EXAMINATION-SURVIELLANCE PURPOSES33
3.5.3MEDICAL SURVIELLANCE AND BIOLOGICAL MONITORING34
3.5.4OCCUPATIONAL NOISE SURVEILLANCE EXAMINATION34
3.5.5COMMERCIAL DRIVERS LICENSE PHYSICAL EXAMINATION35
3.5.6POLICE AND FIREMEN’S RETIREMENT SYSTEM PHYSICAL EXAMINATION35
3.5.7FITNESS FOR DUTY PHYSICAL EXAMINATION35
3.5.8OFFICER APPRENTICE\RECRUIT CANDIDATE EXAMINATION (DOC & DEP)36
3.5.8.1OFFICER APPRENTICE\RECRUIT CANDIDATE EXAMINATION FORMS AND REPORTS (DOC & DEP)36
3.5.9PSYCHOLOGICAL AND PSYCHIATRIC EXAMINATIONS37
3.5.10VISUAL ACUITY TESTS38
3.5.11RESPIRATORY CLEARANCE EXAMINATIONS38
3.5.12HAZARDOUS WASTE OPERATION & EMERGENCY RESPONSE SURVEILLANCE EXAMINATION41
3.5.13HAZARDOUS SUBSTANCE EXPOSURE EVALUATION EXAMINATION41
3.5.14LEAD AND OTHER HEAVY METALS SUREVILLANCE EXAMINATION41
3.5.15SILICA SURVEILLANCE EXAMINATION43
3.5.16ASBESTOS SURVEILLANCE EXAMINATION43
3.5.17INDEPENDENT MEDICAL EXAMINATION (IME)44
3.5.18INDEPENDENT PSYCHIATRIC/ PSYCHOLOGICAL EXAMINATION (IPE)44
3.6VACCINATIONS, IMMUNIZATIONS, TITERS AND TESTS44
3.6.1VACCINATIONS45
3.6.2TESTING AND TITERS45
3.6.2.1TUBERCULOSIS TEST45
3.6.2.2HEPATITIS B TITERS46
3.6.2.3RABIES PROPHYLAXIS TEST/TITERS46
3.6.2.4ADDITIONAL TESTING AND/OR EXAMINATIONS46
3.7QUALITY ASSURANCE PLAN47
3.8LITIGATION SUPPORT47
3.8.1LITIGATION (UNDER OATH) TESTIMONY47
3.9FORMS AND REPORTS47
3.10INVOICES AND/OR BILLING48
3.11VENDOR {CONTRACTOR} TRANSITION PLAN48
3.12SECURITY PLAN49
3.12.1INFORMATION SECURITY PROGRAM MANAGEMENT49
3.12.2PERSONNEL SECURITY49
3.12.3SECURITY AWARENESS AND TRAINING49
3.12.4RISK MANAGEMENT50
3.12.5PRIVACY50
3.12.6COMPLIANCE52
3.12.7ASSET MANAGEMENT52
3.12.8SECURITY CATEGORIZATION52
3.12.9MEDIA PROTECTION53
3.12.10CRYPTOGRAPHIC PROTECTIONS53
3.12.11ACCESS MANAGEMENT53
3.12.12IDENTITY AND AUTHENTICATION53
3.12.13REMOTE ACCESS54
3.12.14SECURITY ENGINEERING AND ARCHITECTURE54
3.12.15CONFIGURATION MANAGEMENT54
3.12.16ENDPOINT SECURITY54
3.12.17ICS/SCADA/OT SECURITY55
3.12.18INTERNET OF THINGS SECURITY55
3.12.19MOBILE DEVICE SECURITY55
3.12.20NETWORK SECURITY56
3.12.21CLOUD SECURITY56
3.12.22CHANGE MANAGEMENT56
3.12.23MAINTENANCE56
3.12.24THREAT MANAGEMENT57
3.12.25VULNERABILITY AND PATCH MANAGEMENT (VU)57
3.12.26CONTINUOUS MONITORING57
3.12.27SYSTEM DEVELOPMENT AND ACQUISITION57
3.12.28PROJECT AND RESOURCE Management58
3.12.29CAPACITY AND PERFORMANCE MANAGEMENT58
3.12.30THIRD PARTY MANAGEMENT58
3.12.31PHYSICAL AND ENVIRONMENTAL SECURITY58
3.12.32CONTINGENCY PLANNING59
3.12.33INCIDENT RESPONSE59
4.0QUOTE PREPARATION AND SUBMISSION – REQUIREMENTS OF THE VENDOR {BIDDER}60
4.1GENERAL60
4.2QUOTE DELIVERY AND IDENTIFICATION60
4.3NJSTART QUOTE SUBMISSION60
4.4QUOTE CONTENT61
4.4.1FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED61
4.4.2FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED BEFORE BLANKET P.O. AWARD AND THAT SHOULD BE SUBMITTED WITH THE QUOTE65
4.4.3TECHNICAL QUOTE68
4.4.4ORGANIZATIONAL SUPPORT AND EXPERIENCE70
4.4.5STATE-SUPPLIED PRICE SHEET72
4.4.6COOPERATIVE PURCHASING PROGRAM74
4.4.7ORAL PRESENTATIONS74
5.0SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O.75
5.1PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS75
5.2BLANKET P.O. TERM AND EXTENSION OPTION75
5.3BLANKET P.O. TRANSITION75
5.4CHANGE ORDER75
5.5VENDOR {CONTRACTOR} RESPONSIBILITIES76
5.6SUBSTITUTION OF STAFF76
5.7SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)76
5.8OWNERSHIP OF MATERIAL77
5.9CONFIDENTIALITY77
5.10NEWS RELEASES78
5.11ADVERTISING78
5.12LICENSES AND PERMITS78
5.13CLAIMS AND REMEDIES79
5.13.1CLAIMS79
5.13.2REMEDIES79
5.13.3REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL BLANKET P.O. REQUIREMENTS79
5.14LIQUIDATED DAMAGES79
5.15RETAINAGE79
5.16ADDITIONAL WORK AND/OR SPECIAL PROJECTS79
5.17MODIFICATIONS AND CHANGES TO THE State of NJ STANDARD TERMS AND CONDITIONS (SSTC)80
5.17.1INDEMNIFICATION80
5.17.2INSURANCE - PROFESSIONAL LIABILITY INSURANCE80
5.17.3INSURANCE – CYBER BREACH INSURANCE81
5.18ACCESSIBILITY COMPLIANCE81
5.19BLANKET P.O. ACTIVITY REPORT81
5.20ELECTRONIC PAYMENTS82
5.21PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES82
6.0QUOTE EVALUATION83
6.1RIGHT TO WAIVE83
6.2DIRECTOR’S RIGHT OF FINAL Quote ACCEPTANCE83
6.3STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES83
6.4CLARIFICATION OF QUOTE / STATE'S RIGHT TO REQUEST FURTHER INFORMATION83
6.5QUOTE EVALUATION COMMITTEE83
6.6ORAL PRESENTATION83
6.7EVALUATION CRITERIA84
6.7.1TECHNICAL EVALUATION CRITERIA84
6.7.2VENDOR’S {BIDDER’S} STATE-SUPPLIED PRICE SHEET84
6.7.3QUOTE DISCREPANCIES84
6.7.4TIE-BREAKING CRITERIA84
6.7.5EVALUATION OF THE QUOTES84
6.8NEGOTIATION AND BEST AND FINAL OFFER (BAFO)85
6.9“REQUEST FOR REVISION” WITHIN NJSTART85
6.10POOR PERFORMANCE86
7.0BLANKET P.O. AWARD87
7.1DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD87
7.1.1REQUIREMENTS 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
7.1.2SOURCE DISCLOSURE REQUIREMENTS87
7.1.3AFFIRMATIVE ACTION88
7.1.4BUSINESS REGISTRATION88
7.2FINAL BLANKET P.O. AWARD89
7.3INSURANCE CERTIFICATES89
7.4PERFORMANCE SECURITY89
8.0BLANKET P.O. ADMINISTRATION90
8.1STATE CONTRACT MANAGER90
8.1.1STATE CONTRACT MANAGER RESPONSIBILITIES90
8.1.2COORDINATION WITH THE STATE CONTRACT MANAGER90
9.0STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS91
1. STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT91
1.1 CONTRACT TERMS CROSSWALK91
2.STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS91
2.1BUSINESS REGISTRATION91
2.2ANTI-DISCRIMINATION92
2.3PREVAILING WAGE ACT92
2.4AMERICANS WITH DISABILITIES ACT92
2.5MACBRIDE PRINCIPLES92
2.6PAY TO PLAY PROHIBITIONS92
2.7POLITICAL CONTRIBUTION DISCLOSURE93
2.8STANDARDS PROHIBITING CONFLICTS OF INTEREST93
2.9NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE94
2.10COMPLIANCE - LAWS94
2.11COMPLIANCE - STATE LAWS94
2.12WARRANTY OF NO SOLICITATION ON COMMISSION OR CONTINGENT FEE BASIS94
3.STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET FORTH IN LAW OR BASED ON THE TYPE OF CONTRACT94
3.1COMPLIANCE - CODES94
3.2PUBLIC WORKS CONTRACTOR REGISTRATION ACT95
3.3PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS95
3.4BUILDING SERVICE96
3.5THE WORKER AND COMMUNITY RIGHT TO KNOW ACT96
3.6SERVICE PERFORMANCE WITHIN U.S.96
3.7BUY AMERICAN97
3.8DOMESTIC MATERIALS97
3.9DIANE B. ALLEN EQUAL PAY ACT97
3.10EMPLOYEE MISCLASSIFICATION97
3.11EXECUTIVE ORDER NO.271 (MURPHY)97
4.INDEMNIFICATION AND INSURANCE98
4.1INDEMNIFICATION98
4.2INSURANCE98
5.TERMS GOVERNING ALL CONTRACTS99
5.1CONTRACTOR IS INDEPENDENT CONTRACTOR99
5.2CONTRACT AMOUNT99
5.3CONTRACT TERM AND EXTENSION OPTION99
5.4STATE’S OPTION TO REDUCE SCOPE OF WORK99
5.5CHANGE IN LAW100
5.6SUSPENSION OF WORK100
5.7TERMINATION OF CONTRACT100
5.8SUBCONTRACTING OR ASSIGNMENT100
5.9NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE101
5.10MERGERS, ACQUISITIONS101
5.11PERFORMANCE GUARANTEE OF CONTRACTOR101
5.12DELIVERY REQUIREMENTS102
5.13APPLICABLE LAW AND JURISDICTION102
5.14CONTRACT AMENDMENT102
5.15MAINTENANCE OF RECORDS102
5.16ASSIGNMENT OF ANTITRUST CLAIM(S)102
6.TERMS RELATING TO PRICE AND PAYMENT103
6.1PRICE FLUCTUATION DURING CONTRACT103
6.2TAX CHARGES103
6.3PAYMENT TO VENDORS103
6.4OPTIONAL PAYMENT METHOD: P-CARD104
6.5NEW JERSEY PROMPT PAYMENT ACT104
6.6AVAILABILITY OF FUNDS104
7.TERMS RELATING TO ALL CONTRACTS FUNDED, IN WHOLE OR IN PART, BY FEDERAL FUNDS104
7.1CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS104
7.2DOMESTIC PREFERENCE FOR PROCUREMENTS105
7.3PROCUREMENT OF RECOVERED MATERIALS105
7.4EQUAL EMPLOYMENT OPPORTUNITY105
7.5DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED107
7.6COPELAND ANTI-KICKBACK ACT107
7.7CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 3701-3708108
7.8RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT108
7.9CLEAN AIR ACT, 42 U.S.C. 7401-7671Q, AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387, AS AMENDED108
7.10DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)109
7.11BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352109
7.12 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT109
1.0INFORMATION FOR VENDORS {BIDDERS}7
1.1PURPOSE AND INTENT7
1.2BACKGROUND7
1.2.1PRIMARY STATE USING AGENCIES8
1.3KEY EVENTS9
1.3.1ELECTRONIC QUESTION AND ANSWER PERIOD9
1.3.2SUBMISSION OF QUOTES10
1.3.3VENDOR {BIDDER} SUPPORT10
1.3.4MANDATORY/OPTIONAL SITE VISIT10
1.3.5OPTIONAL PRE-QUOTE CONFERENCE10
1.3.6PRE-QUOTE DOCUMENT REVIEW11
1.4ADDITIONAL INFORMATION12
1.4.1BID AMENDMENTS: Revisions to this BID SOLICITATION12
1.4.2VENDOR {BIDDER} Responsibility12
1.4.3COST LIABILITY12
1.4.4CONTENTS OF QUOTE12
1.4.5ANNOUNCEMENT OF QUOTE INFORMATION13
1.4.6PRICE ALTERATION IN QUOTES14
1.4.7QUOTE ERRORS14
1.4.8JOINT VENTURE14
1.4.9RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE15
1.4.10QUOTE ACCEPTANCES AND REJECTIONS15
1.4.11ELECTRONIC SIGNATURES15
1.4.12COOPERATIVE PURCHASING15
2.0DEFINITIONS17
2.1CROSSWALK17
2.2GENERAL DEFINITIONS17
2.3BLANKET P.O. SPECIFIC DEFINITIONS/ACRONYMS21
2.4BLANKET P.O. – USING AGENCY SPECIFIC DEFINITIONS/ACRONYMS24
3.0SCOPE OF WORK – REQUIREMENTS OF THE VENDOR {CONTRACTOR}27
3.1GENERAL OVERVIEW27
3.1.1GENERAL REQUIREMENTS27
3.1.2MEDICAL RECORDS28
3.1.3NEW JERSEY LICENSURE & HIPAA COMPLIANCE29
3.1.4SCHEDULING29
3.1.5AFTER HOUR SERVICES/EMERGENCIES30
3.1.6DELIVERY REQUIREMENTS FOR MEDICAL RESULTS30
3.1.7ELECTRONIC PORTAL FOR MEDICAL RESULTS31
3.1.8LABORATORY TESTING AFFILIATION31
3.2CONSULTATION SERVICES32
3.3STAFFING REQUIREMENTS32
3.4USING AGENCIES BACKGROUND INFORMATION32
3.5MEDICAL EXAMINATIONS33
3.5.1BASIC MEDICAL EXAMINATION33
3.5.2MEDICAL SURVIELLANCE EXAMINATION-SURVIELLANCE PURPOSES34
3.5.3MEDICAL SURVIELLANCE AND BIOLOGICAL MONITORING35
3.5.4OCCUPATIONAL NOISE SURVEILLANCE EXAMINATION35
3.5.5COMMERCIAL DRIVERS LICENSE PHYSICAL EXAMINATION36
3.5.6POLICE AND FIREMEN’S RETIREMENT SYSTEM PHYSICAL EXAMINATION36
3.5.7FITNESS FOR DUTY PHYSICAL EXAMINATION36
3.5.8OFFICER APPRENTICE\RECRUIT CANDIDATE EXAMINATION (DOC & DEP)37
3.5.8.1OFFICER APPRENTICE\RECRUIT CANDIDATE EXAMINATION FORMS AND REPORTS (DOC & DEP)37
3.5.9PSYCHOLOGICAL AND PSYCHIATRIC EXAMINATIONS38
3.5.10VISUAL ACUITY TESTS39
3.5.11RESPIRATORY CLEARANCE EXAMINATIONS39
3.5.12HAZARDOUS WASTE OPERATION & EMERGENCY RESPONSE SURVEILLANCE EXAMINATION42
3.5.13HAZARDOUS SUBSTANCE EXPOSURE EVALUATION EXAMINATION42
3.5.14LEAD AND OTHER HEAVY METALS SUREVILLANCE EXAMINATION42
3.5.15SILICA SURVEILLANCE EXAMINATION44
3.5.16ASBESTOS SURVEILLANCE EXAMINATION44
3.5.17INDEPENDENT MEDICAL EXAMINATION (IME)45
3.5.18INDEPENDENT PSYCHIATRIC EXAMINATION (IPE)45
3.6VACCINATIONS, IMMUNIZATIONS, TITERS AND TESTS45
3.6.1VACCINATIONS45
3.6.2TESTING AND TITERS46
3.6.2.1TUBERCULOSIS TEST46
3.6.2.2HEPATITIS B TITERS46
3.6.2.3RABIES PROPHYLAXIS TEST/TITERS47
3.6.2.4ADDITIONAL TESTING AND/OR EXAMINATIONS47
3.7QUALITY ASSURANCE PLAN48
3.8LITIGATION SUPPORT48
3.8.1LITIGATION (UNDER OATH) TESTIMONY48
3.9FORMS AND REPORTS48
3.10INVOICES AND/OR BILLING49
3.11VENDOR {CONTRACTOR} TRANSITION PLAN49
3.12SECURITY PLAN50
3.12.1INFORMATION SECURITY PROGRAM MANAGEMENT50
3.12.2PERSONNEL SECURITY50
3.12.3SECURITY AWARENESS AND TRAINING50
3.12.4RISK MANAGEMENT51
3.12.5PRIVACY51
3.12.6COMPLIANCE53
3.12.7ASSET MANAGEMENT53
3.12.8SECURITY CATEGORIZATION53
3.12.9MEDIA PROTECTION54
3.12.10CRYPTOGRAPHIC PROTECTIONS54
3.12.11ACCESS MANAGEMENT54
3.12.12IDENTITY AND AUTHENTICATION54
3.12.13REMOTE ACCESS55
3.12.14SECURITY ENGINEERING AND ARCHITECTURE55
3.12.15CONFIGURATION MANAGEMENT55
3.12.16ENDPOINT SECURITY55
3.12.17ICS/SCADA/OT SECURITY56
3.12.18INTERNET OF THINGS SECURITY56
3.12.19MOBILE DEVICE SECURITY56
3.12.20NETWORK SECURITY57
3.12.21CLOUD SECURITY57
3.12.22CHANGE MANAGEMENT57
3.12.23MAINTENANCE57
3.12.24THREAT MANAGEMENT58
3.12.25VULNERABILITY AND PATCH MANAGEMENT (VU)58
3.12.26CONTINUOUS MONITORING58
3.12.27SYSTEM DEVELOPMENT AND ACQUISITION58
3.12.28PROJECT AND RESOURCE Management59
3.12.29CAPACITY AND PERFORMANCE MANAGEMENT59
3.12.30THIRD PARTY MANAGEMENT59
3.12.31PHYSICAL AND ENVIRONMENTAL SECURITY59
3.12.32CONTINGENCY PLANNING60
3.12.33INCIDENT RESPONSE60
4.0QUOTE PREPARATION AND SUBMISSION – REQUIREMENTS OF THE VENDOR {BIDDER}61
4.1GENERAL61
4.2QUOTE DELIVERY AND IDENTIFICATION61
4.3NJSTART QUOTE SUBMISSION61
4.4QUOTE CONTENT62
4.4.1FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED62
4.4.2FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED BEFORE BLANKET P.O. AWARD AND THAT SHOULD BE SUBMITTED WITH THE QUOTE66
4.4.3TECHNICAL QUOTE68
4.4.4ORGANIZATIONAL SUPPORT AND EXPERIENCE70
4.4.5STATE-SUPPLIED PRICE SHEET73
4.4.6COOPERATIVE PURCHASING PROGRAM74
4.4.7ORAL PRESENTATIONS74
5.0SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O.75
5.1PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS75
5.2BLANKET P.O. TERM AND EXTENSION OPTION75
5.3BLANKET P.O. TRANSITION75
5.4CHANGE ORDER75
5.5VENDOR {CONTRACTOR} RESPONSIBILITIES76
5.6SUBSTITUTION OF STAFF76
5.7SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)76
5.8OWNERSHIP OF MATERIAL77
5.9CONFIDENTIALITY77
5.10NEWS RELEASES78
5.11ADVERTISING78
5.12LICENSES AND PERMITS78
5.13CLAIMS AND REMEDIES79
5.13.1CLAIMS79
5.13.2REMEDIES79
5.13.3REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL BLANKET P.O. REQUIREMENTS79
5.14LIQUIDATED DAMAGES79
5.15RETAINAGE79
5.16ADDITIONAL WORK AND/OR SPECIAL PROJECTS79
5.17MODIFICATIONS AND CHANGES TO THE State of NJ STANDARD TERMS AND CONDITIONS (SSTC)80
5.17.1INDEMNIFICATION80
5.17.2INSURANCE - PROFESSIONAL LIABILITY INSURANCE80
5.17.3INSURANCE – CYBER BREACH INSURANCE81
5.18ACCESSIBILITY COMPLIANCE81
5.19BLANKET P.O. ACTIVITY REPORT81
5.20ELECTRONIC PAYMENTS82
5.21PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES82
6.0QUOTE EVALUATION83
6.1RIGHT TO WAIVE83
6.2DIRECTOR’S RIGHT OF FINAL Quote ACCEPTANCE83
6.3STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES83
6.4CLARIFICATION OF QUOTE / STATE'S RIGHT TO REQUEST FURTHER INFORMATION83
6.5QUOTE EVALUATION COMMITTEE83
6.6ORAL PRESENTATION83
6.7EVALUATION CRITERIA84
6.7.1TECHNICAL EVALUATION CRITERIA84
6.7.2VENDOR’S {BIDDER’S} STATE-SUPPLIED PRICE SHEET84
6.7.3QUOTE DISCREPANCIES84
6.7.4TIE-BREAKING CRITERIA84
6.7.5EVALUATION OF THE QUOTES84
6.8NEGOTIATION AND BEST AND FINAL OFFER (BAFO)85
6.9“REQUEST FOR REVISION” WITHIN NJSTART85
6.10POOR PERFORMANCE86
7.0BLANKET P.O. AWARD87
7.1DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD87
7.1.1REQUIREMENTS 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
7.1.2SOURCE DISCLOSURE REQUIREMENTS87
7.1.3AFFIRMATIVE ACTION88
7.1.4BUSINESS REGISTRATION88
7.2FINAL BLANKET P.O. AWARD89
7.3INSURANCE CERTIFICATES89
7.4PERFORMANCE SECURITY89
8.0BLANKET P.O. ADMINISTRATION90
8.1STATE CONTRACT MANAGER90
8.1.1STATE CONTRACT MANAGER RESPONSIBILITIES90
8.1.2COORDINATION WITH THE STATE CONTRACT MANAGER90
9.0STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS91
1. STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT91
1.1 CONTRACT TERMS CROSSWALK91
2.STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS91
2.1BUSINESS REGISTRATION91
2.2ANTI-DISCRIMINATION92
2.3PREVAILING WAGE ACT92
2.4AMERICANS WITH DISABILITIES ACT92
2.5MACBRIDE PRINCIPLES92
2.6PAY TO PLAY PROHIBITIONS92
2.7POLITICAL CONTRIBUTION DISCLOSURE93
2.8STANDARDS PROHIBITING CONFLICTS OF INTEREST93
2.9NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE94
2.10COMPLIANCE - LAWS94
2.11COMPLIANCE - STATE LAWS94
2.12WARRANTY OF NO SOLICITATION ON COMMISSION OR CONTINGENT FEE BASIS94
3.STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET FORTH IN LAW OR BASED ON THE TYPE OF CONTRACT94
3.1COMPLIANCE - CODES94
3.2PUBLIC WORKS CONTRACTOR REGISTRATION ACT95
3.3PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS95
3.4BUILDING SERVICE96
3.5THE WORKER AND COMMUNITY RIGHT TO KNOW ACT96
3.6SERVICE PERFORMANCE WITHIN U.S.96
3.7BUY AMERICAN97
3.8DOMESTIC MATERIALS97
3.9DIANE B. ALLEN EQUAL PAY ACT97
3.10EMPLOYEE MISCLASSIFICATION97
3.11EXECUTIVE ORDER NO.271 (MURPHY)97
4.INDEMNIFICATION AND INSURANCE98
4.1INDEMNIFICATION98
4.2INSURANCE98
5.TERMS GOVERNING ALL CONTRACTS99
5.1CONTRACTOR IS INDEPENDENT CONTRACTOR99
5.2CONTRACT AMOUNT99
5.3CONTRACT TERM AND EXTENSION OPTION99
5.4STATE’S OPTION TO REDUCE SCOPE OF WORK99
5.5CHANGE IN LAW100
5.6SUSPENSION OF WORK100
5.7TERMINATION OF CONTRACT100
5.8SUBCONTRACTING OR ASSIGNMENT100
5.9NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE101
5.10MERGERS, ACQUISITIONS101
5.11PERFORMANCE GUARANTEE OF CONTRACTOR101
5.12DELIVERY REQUIREMENTS102
5.13APPLICABLE LAW AND JURISDICTION102
5.14CONTRACT AMENDMENT102
5.15MAINTENANCE OF RECORDS102
5.16ASSIGNMENT OF ANTITRUST CLAIM(S)102
6.TERMS RELATING TO PRICE AND PAYMENT103
6.1PRICE FLUCTUATION DURING CONTRACT103
6.2TAX CHARGES103
6.3PAYMENT TO VENDORS103
6.4OPTIONAL PAYMENT METHOD: P-CARD104
6.5NEW JERSEY PROMPT PAYMENT ACT104
6.6AVAILABILITY OF FUNDS104
7.TERMS RELATING TO ALL CONTRACTS FUNDED, IN WHOLE OR IN PART, BY FEDERAL FUNDS104
7.1CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS104
7.2DOMESTIC PREFERENCE FOR PROCUREMENTS105
7.3PROCUREMENT OF RECOVERED MATERIALS105
7.4EQUAL EMPLOYMENT OPPORTUNITY105
7.5DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED107
7.6COPELAND ANTI-KICKBACK ACT107
7.7CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 3701-3708108
7.8RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT108
7.9CLEAN AIR ACT, 42 U.S.C. 7401-7671Q, AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387, AS AMENDED108
7.10DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)109
7.11BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352109
7.12 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT109

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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