24R-08 IT Consulting Services.pdf

4900-2950-4779.v1

Willingboro

Municipal Utilities

Authority

COUNTY OF

BURLINGTON

STATE OF NEW JERSEY

Chair - Patricia Lindsay-Harvey

Vice Chair

Kevin McIntosh

Commissioners

Carl Turner

Diallyo Diggs

James Boyer

Alternates

William Weston, 1st Alt.

Kimbrali Davis, 2nd Alt.

Executive Director

James Mackie

CC# 24R-08

IT Consulting Services

Through the Competitive Contracting Process

Due

February 13, 2025, at 10:00AM

LEGAL NOTICE

Notice is hereby given by the Willingboro Municipal Utilities Authority that a Competitive Contract in accord with N.J.S.A.

40A:11- 4.1 will be received by the Authority on February 13, 2025, at 10:00A.M. prevailing time conducted on electronic platform, in accord with N.J.A.C. 5:34-1 et. Seq., on BIDNET at www.bidnetdirect.com//wmua

CC# 24R-08 IT Consulting Services Competitive Contract

NOTE:

It is the bidder’s responsibility to ensure that the bid package is uploaded onto the e-procurement site by the bid opening date and time. Any bid document received after the deadline established by the Department of Purchasing will not be accepted, regardless of the method of delivery.

Bidders must comply with the requirements of N.J.S.A. 10:5-31 et seq., and N.J.A.C. 17:27 et. Seq., The Willingboro Municipal Utilities Authority will award this Competitive Contract in accord with Price and Other Factors as outlined within N.J.S.A 40A:11-4.1 et. Seq., and N.J.A.C. 5:34-4.1 et. Seq., Report of Competitive Contract:

In accord with N.J.S.A. 40A:11-4.4(d) the summary report will be posted on the WMUA procurement website at www.bidnetdirect.com//wmua at least 48 hours prior to the governing body taking action on award.

This procurement has been advertised in accordance with the “Fair and Open Basis” (N.J.S.A. 19:44A-20.5).

James Mackie January 21, 2025

Executive Director http://www.bidnetdirect.com/wmua

ADMINISTRATIVE DOCUMENTS

Applicable to Bid if marked “X”

DOCUMENTATION REQUIRED OR REVIEWED

Initials

When Due if not submitted with Bid

Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with POA for full amount of Bid Bond)

With Bid

Submission

Consent of Surety (Certificate from Surety company)

Performance Bond and Labor and Material Payment Bond (Required from the Awarded Contractor)

At signing of contract

Maintenance Bond in the Amount of 100 % for a period indicated in

“General Conditions” Required from the Awarded Contractor Upon

Acceptance of Project

Upon

Acceptance of

Project

Acknowledgement of Receipt of Addenda (To be Completed if

Addenda are Issued)

X Ownership Disclosure Form With Bid

Submission

Named Subcontractors in Bid for Listed Specialty Trades

Public Works Contractor Registration Certificate(s) for the Bidder and all Sub Contractors

Prior to Award, but effective at time of bid

X Business Registration Certificate – Bidder and all Sub Contractors Prior to Contract

Award

X Non-Collusion Affidavit Prior to Contract

Award

X Experience and Background Questionnaire With Bid

Submission

X Insurance and Indemnification Certificate Prior to Contract

Award

X Disclosure of Investment Activities in Russia Form Prior to Contract

Award

X Disclosure of Investment Activities in Iran Form Prior to Contract

Award

Federal debarment Form Prior to Contract

Award

EEO/AA Form AA-201

After Notice of

Award, Prior to

Signing Contract

X EEO/AA Form AA-302 or Letter of Federal Approval or Certificate of Employee Information Report

After Notice of

Signing Contract

X Bidder’s Checklist Prior to Contract

Award x Fair Inclusion Questionnaire Prior to Contract

Award

X False Statement of Penalties Certification Prior to Contract

Award

X W9 Form

After Notice of

Signing Contract

This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications. Please initial in the appropriate box.

Bidder Name: Date:

Authorized

Representative:

Signature:

Print Name &

Title:

1.0 Purpose and Scope

The Willingboro Municipal Utilities Authority is seeking:

CC#24R-08 IT Consulting Services Competitive Contract

As such, the procurement is being conducted as a competitive contract procurement process. The Authority will award to the most advantageous vendor(s), price and other factors considered, up to a five (5) year contract, at the discretion of the Board of

Commissioners (“Board”). The Board in its discretion may contract with more than one vendor as it in its sole discretion determines to be in the best interest of and most advantageous the Authority.

ALL RESPONSES AND QUESTIONS ARE TO BE CONDUCTED ON THE WMUA’S E-PROCUREMENT SITE AT

BIDNET at www.bidnetdirect.com//wmua

NO PHYSICAL OR EMAILED PROPOSAL RESPONSES SHALL BE ACCEPTED

2.0 Competitive Contracting Evaluation

All Proposals shall be evaluated on the basis of the most advantageous vendor, price and other factors considered (N.J.S.A. 40A:11-

4.1 et. Seq.,), of what is included in the Proposals submitted to The Authority. The Authority reserves the right to reach out to a vendor(s) or interview vendor(s) of its sole choosing to get clarification on Proposals on specific items if necessary or desired, during the deliberation process.

Certain contracts may request for vendors to give a presentation on the services they are proposing. If and when a prospective contractor/vendor is given the opportunity to give such a presentation, the contractor shall be restricted to only present what is included in the original proposal. If new information is offered during the evaluation period it shall not be considered during the review process.

All Proposals shall be evaluated based on the statutory categories as per NJAC 5:34-4.1 which is Technical, Management, and Cost criteria. These categories may be broken into subcategories but shall remain within the confines of the three core criteria.

Technical Ability _40_%

Managerial Ability _20_%

Cost Factors _40_%

Weights will be announced at time of opening prior to opening of proposals.

IT SERVICES:

1. YEAR 1 $_______________/ Year

2. YEAR 2 $_______________/ Year

3. YEAR 3 $_______________/ Year

4. YEAR 4 $_______________/ Year

5. YEAR 5 $_______________/ Year

ZOOM ADMINISTRATOR SERVICES

1. YEAR 1 $_____________/ meeting

2. YEAR 2 $____________/ meeting

3. YEAR 3 $____________/ meeting

4. YEAR 4 $____________/ meeting

5. YEAR 5 $____________/ meeting

SPECIAL PROJECTS

Please provide for hourly rates of positions which may be utilized in the event of a request for special projects by the Authority.

Position Rate

$______________/ hour

________________________________________$_____________/ hour

Company Name Federal ID # or Social Security #

Address

Signature of Authorized Agent Type or Print Name

Telephone Number Date

Fax Number E-mail address

CC# 24R-08

IT Consulting Services Competitive Contract

Computer Network Administrator

General Criteria

The successful bidder will be able to provide technical assistance and system administration related to the WMUA’s information technology network system. The bidder will be responsible for troubleshooting and fixing computer and network problems, maintaining the network to prepare for future needs, and preventing cyber threats and managing technical issues. Successful bidder shall also act as zoom administrator for public meetings of the WMUA.

Scope of Services

The scope of work for the requested services includes, but is not limited to:

1. IT Consultant and Management Services (on-site and remote This includes assisting users with operational issues and/or emergency response (i.e. servers are down or there is no email access) within a 15-minute maximum response time.

2. Zoom Administrator scope shall include, establishing appropriate zoom meeting links and coordinating and posting of same to the WMUA webmaster for website update and allowing for public access to meetings.

a. Delineation shall separately set out for access to the public portion of Authority meetings as distinct from closed sessions, if any.

b. For special meetings the zoom administrator shall provide access link information to the Authority for public notice and dissemination.

c. Responsibility shall include unique zoom panelist invitations for meeting attendance at the request of the

Board.

d. Link is to be provided for post meeting review by the WMUA.

e. Proposal shall be on a per meeting basis, the WMUA anticipates approximately 18 meetings in 2025, although there may be more as required. The average meeting is anticipated to last approximately four (4) hours.

i. There is no guarantee or representation as to the number of meetings or that the meetings will last longer or for a shorter period of time for procurement purposes.

3. Provide proactive system maintenance for all network devices (i.e. warranty, network and asset status), including routine maintenance, monthly reviews and security management to prevent cyber-attacks.

a. Bidders shall make representations and warranties that at all times there shall be security controls for their environment, and for those for the Authority consistent with the controls represented in their SOC report.

Failure to maintain these controls shall remove any caps from damages which may result therefrom.

b. All security shall be (at a minimum) in accordance with the NJUA Joint Insurance Fund standards.

c. In addition, all security shall be in accordance with WQAA – Water Quality Accountability Act.

d. Cyber attacks shall not be included in the definition of force majeure, in particular where the successful bidder fails to maintain at a minimum the represented and appropriate security environment to prevent cyber attacks in accordance with NJUA Joint Insurance Fund standards, industry standards and those set forth in the contract.

e. Damages shall be quantified as actual damages incurred by the WMUA in the event of negligence, gross negligence, willful misconduct, breach of confidentiality, data breach or violation of law by the successful bidder.

f. Damages shall not be capped in any event to the fees paid in the preceding 12 months.

g. At the discretion of the Authority, successful bidder shall provide its annual SOC report, for discussion with the Authority to address those areas of note or concern as well as any other due diligence undertaken by Authority on bidder as necessary for Authority to comply with its obligation to vet and monitor its vendors, and to document the same.

h. Bidder shall assess the current environment and issue a written report to the Board. Once assessed bidder will confer with Authority as to costs and benefits versus risk associated with changes, upgrades, programs , computer system, networks or any other recommendation.

i. Bidder will disclose to Authority any and all markups to licenses, end user licensing agreements, hardware, software or products that it proposes to sell or re-sell to Authority.

j. Bidder agrees to prioritize services where there are mission critical events or security threats and will give such services immediate and full attention until same are fully resolved and redressed.

k. Bidder shall ensure that equipment and software is compatible with Authority’s environment and that it is configured and maintained in a secure manner to protect the Authority’s environment and operations from all unauthorized access, use, disruption, alteration, destruction or exfiltration of operations and data.

l. Bidder shall provide the Authority with the name and contact information of its resource who will serve as the primary security contact who shall be available to assist twenty-four (24) hours per day, seven (7) days per week as a contact in resolving obligations associated with a Security Breach.

m.

4. Bidder must demonstrate successful experience in supporting Edmund’s finance software and applications or similar software, as well as other computer software applications, as appropriate, such as but not limited to;

a. Microsoft Office 365.

b. Windows Server.

c. VMWare.

d. Managed Endpoint Detection and Response.

e. Managed SOC Services.

f. Cybersecurity Awareness Training.

g. Email Security.

h. Apple ID management of staff access under WMUA account authorization.

5. Provide preventative maintenance, including LAN/WAN troubleshooting, network server/workstation maintenance, updates, upgrades, installations, configurations, and troubleshooting of any and all software and hardware above listed.

6. Services are to include all mobile devices.

a. To include, mobile phones, tablets, laptops, iPad, in apple as well as windows systems.

7. Bidder must provide 24-hour maintenance of integrity of system(s) for the purposes of cyber security and continuity of operations and functionality of WMUA systems.

a. Bidder must provide for evidence of recovery and email archiving, full or partial image restoration, reliance upon backups, for continuity of operations.

b. Bidder must have sufficient resources to notify the Authority no less than thirty minutes after Bidder becomes aware of a security breach.

8. Recommend new workstation equipment and software, when necessary, as well as set up and install acquired items, when requested.

9. Provide structured system protection and maintenance, including but not limited to firewall, tape backup (or industry standard backup), and antivirus programs for updates, and confirm system maintenance checks are being performed.

10. Support and maintain data backup and recovery and e-mail archiving.

11. Troubleshoot (either remotely or on-site) hardware and software problems.

12. Maintain hardware/software inventory and license documentation.

13. Perform the repairs and necessary maintenance of the WMUA’s network.

14. Provide system server file backup for PC operations, which includes rebuilding the various databases in case of system malfunction.

15. Monitor network security usage and perform necessary system “housekeeping.”

16. Document information system processes and procedures and assist with network security.

17. Support the research, selection, and implementation of portal software for customers, employees and the board.

18. Strategic planning for future system upgrades.

19. Must be Microsoft office certified with a minimum of five (5) years’ experience working with municipal or public agencies, by the company in its present form or documented experience of its principal owners as documented on the statement of ownership form.

20. Creation of employee portals and security clearances and access to systems.

21. Special projects at the request of the WMUA, on a project-by-project cost proposal based upon the hourly rate as proposed.

Mandatory Minimum Requirements

1. The firm must provide service at all WMUA sites including:

a. Four (4) Main sites. Administration, Pollution Control Plants, Water Treatment Plant, Annex (Sunset Road).

b. Eight (8) Satellite sites, tanks (2 elevated), and wells (6), wastewater pumping stations (4), within the Township of

Willingboro.

c. Maintenance and renewal of inventory (attached as appendix hereto).

2. The proposal must clearly identify which personnel proposed for the work are employees, which are contractors, and which of the following certifications, compliances or experiences are held by the individuals proposed for WMUA including

a. Microsoft Office certification

b. Experience with the NJ Water Quality Act

c. SOC 2 Type 2 Certification

d. Microsoft 365

e. Windows Server

f. VMWare

g. Managed Endpoint Detection and Response

h. Managed SOC Services

i. Cybersecurity Awareness Training

j. Email Security

k. A minimum of five (5) years of experience working with municipal or government agencies and authorities.

3. The proposal must be included in detail:

a. Bidders shall bid an annual rate that includes the number of anticipated hours provided as a base service:

i. On site per month.

1. Minimum shall be twenty (20) hours per month.

ii. Remote support hours per month, unlimited.

b. Bidders are to provide in their proposal hourly rates for each of the categories above wherein there is a request for service IN EXCESS of the hours as provided for in the proposal for each category.

i. On site support in excess of twenty (20) hours per month.

ii. Billing shall be to a tenth of an hour.

c. Markup _____%, if any, on requests for hardware product procurement.

i. The bidder shall provide for a markup ______% if any on hardware product procurement requests from the WMUA.

ii. The hardware products shall only be procured at the specific request of the WMUA. No procurement shall be conducted without written authorization in order for the WMUA to determine the best value.

4. The bidder must demonstrate that it has sufficient support staff available to provide all the computer services required by the authority.

5. The bidder must make available or have available offsite backup.

6. The bidder must be licensed to conduct business in the State of New Jersey (New Jersey Business registration

Certificate).

7. The bidder must maintain a bona fide principal office in the State of New Jersey.

Must supply proof of applicable insurance listed above in response to the RFP. The selected firm shall provide other insurance coverage that may be required by the WMUA including the following:

Professional Liability

Technology errors and omissions/cyber liability for 1st and 3rd party coverage in an amount not less than Cyber Liability:

$3,000,000 Each Claim / $3,000,000 Aggregate, with the WMUA to the extent possible as a priority claimant which limits may be adjusted in the sole discretion of the WMUA. Successful bidder shall also be required to have crime insurance coverage.

Indemnification

The selected firm(s) shall defend, indemnify, and hold harmless the WMUA, its officers, agents, and employees from any and all claims and costs of any nature. Whether for personal injury, property damage, or other liability arising out of or in any way connected with the firm’s acts or omissions under this agreement.

Site Visit/ Pre Bid Meeting

There shall be a non-mandatory site visit and pre bid meeting at the location of __________________________ on

_____________________, xx, 2025 at XX:XX A.M./ P.M

Technical criteria: RATER NAME:

(Max Points 40) 1 Pt = Poor Response, 3 Points = Average

Response, 5 Pts = Concise and Superior

Response

Vendor Name:

(1) Does the vendor's proposal demonstrate a clear understanding of the scope of work and related objectives?

(2) Is the vendor's proposal complete and responsive to the specific RFP requirements?

(3) Has the past performance of the vendor's proposed methodology been documented?

(4) Does the vendor's proposal use innovative technology and techniques?

(5) Does the vendor’s proposal set out in detail the services it will provide and the experience of its employees which will allow it to expertly provide those services?

(6) Does the vendor ‘s proposal explain how it will seek to protect the Authority from Cyber

Attacks, secure Authority data and describe the safeguards it has in place in its own environment?

Sub Total Technical 0

Management criteria:

(Max Points 20) 1 Pt = Poor Response, 3 Points = Average

Response, 5 Pts = Concise and Superior

(1) Does the vendor document a record of reliability of timely delivery and on-time and on-budget implementation?

(2) Does the vendor document industry or program experience?

(3) Are the availability of in-house and contract resources documented?

(4) Does the vendor clearly delineate managerial priorities for maintaining the Authority’s environment and addressing security concerns in the event of a data breach?

(5)Does the vendor indicate what routine tasks it will perform during its monthly twenty (20) hours on site and how these hours will be used to increase IT operational proficiencies?

(6)Does the vendor establish how it will integrate the use of its in-house employees with contract resources?

Sub Total Managerial 0

Cost criteria:

(Max Points 40) 1 Pt = Poor Response, 3 Points = Average

Response, 5 Pts = Concise and Superior

(1)Relative cost: How does the cost compare to other similarly scored proposals?

(2)Full explanation: Is the price and its component charges, fees, etc. adequately explained or documented?

(3) Does the proposal include quality control and assurance programs?

(4) Absent emergent conditions or special projects is the cost sufficiently defined to determine an annual cost?

(5) Does the proposal clearly define flat and hourly rate services and is it otherwise responsive to the fiscal justifications needed to sustain the Authority’s IT program?

SUB TOTAL COST 0

Total Points Technical + Managerial + Cost 0

WMUA Tracking Questionnaire Regarding Good-Faith Efforts to Ensure

Fair Inclusion of Women and Minorities in the Workforce

Name of Organization:

Contact Email Address:

Contact Name:

Contact Phone Number:

Contact Title:

Date:

The Willingboro Municipal Utilities Authority ("WMUA") recognizes diversity and inclusion as a core value that strengthens our ability to deliver a premier service. We believe that an analysis of the participation and roles of certain groups that have historically been underrepresented in professional services is of particular importance to the WMUA. To that end, we are asking the private bidders/business entities (“Entity”) to complete this survey so that we may benchmark and track information about diversity and inclusion.

Please check the box that accurately describes the policies, procedures, or practices in place at your organization at the time of the completion of this questionnaire.

1. Organizational Commitment to Diversity and Inclusion

The Entity has a diversity and inclusion strategy or includes diversity and inclusion considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity’s senior leadership has expressed public support for its diversity and inclusion efforts.

☐ Yes ☐ No

The Entity has highlighted on its website, in social media, and in marketing materials that it is an equal opportunity employer and values diversity.

☐ Yes ☐ No

The Entity has an equal employment opportunity policy and grievance process to address discrimination concerns.

☐ Yes ☐ No

The Entity has a senior-level official, preferably with knowledge of and experience in diversity and inclusion policies and practices, who oversees and directs the Entity’s diversity and inclusion efforts.

☐ Yes ☐ No

2. Recruitment Practices

The Entity utilizes a diverse panel of interviewers when meeting with candidates. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity recruits at historically black colleges and universities, Hispanic-serving institutions, women’s colleges, military colleges, and/or colleges that typically serve a majority-minority population. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity posts or advertises employment opportunities in media and publications focused on minorities and women. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity ensures that women and minorities are made aware of job opportunities within the organization by posting all open positions. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity uses staffing agencies that target women and minorities for experienced hire needs. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity utilizes relationships with relevant diverse professional associations to assist with recruitment efforts. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity participates in conferences, workshops, and other events to attract women and minorities and to inform them of employment and promotion opportunities. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity’s recruiting materials reflect staff diversity. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity leverages employees from different backgrounds to assist in recruitment efforts through their professional and educational networks. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

3. Retention Strategies

The Entity has established mentoring and sponsorship programs to enhance career development opportunities and retention of employees. Such relationships include providing informal guidance and feedback to employees to help guide them and serve as a resource. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity partners with diversity-focused professional business organizations to support the professional and leadership development of women and minorities within the Entity. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity maintains policies and procedures to ensure the inclusion of women and minorities in all business activities, including management. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity supports employee resource groups to facilitate employee engagement, networking, and personal development.

considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

The Entity supports career/work life balance with flexible work schedules, telework, wellness programs, etc. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity assesses employee contributions to diversity and inclusion through performance appraisals and reviews. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

4. Training and Development

The Entity requires all employees to successfully complete diversity and/or equal employment opportunity training on at least an annual basis. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

Taxpayer Identification

Affidavit Of Non-Collusion

The undersigned, being duly sworn according to law, deposes and says:

1. I reside at ____________________________________________________________

2. The name of the within applicant is _______________________________________

3. I execute the said RFP on behalf of the applicant with full authority to do so.

4. The applicant has not directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of fair and open process in connection with the contract.

5. All statements contained in the Qualification Statement and RFP and in this Affidavit are true and correct and were made with the full knowledge that the Willingboro Municipal Utilities Authority, Willingboro, County of Burlington, its officers and employees, rely on the truth of the statements therein made in awarding the above-named contract.

6. I further warrant that no person or selling agency has been employed or retained to solicit or service such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bonafide employees of or bonafide established commercial selling agencies maintained by the applicant.

Sworn and subscribed to before me on _______ this day of

_______________________, 20____

Signature

Print Name

Signature of Notary

Print Name

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)

N.J.A.C. 17:27-1.1 et seq.

GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affection- al or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, up- grading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.

EXHIBIT A (Cont)

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval; Certificate of Employee

Information Report; or

Employee Information Report Form AA-302 (electronically provided by the Division through the Division’s website at: http://www.state.nj.us/treasury/contract_compliance.

The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase &

Property, CCAU, EEO Monitoring Program as may be request- ed by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C.

17:27-1.1 et seq.

http://www.state.nj.us/treasury/contract_compliance

NEW JERSEY ANTI-DISCRIMINATION PROVISIONS

N.J.S.A. 10:2-1 ET SEQ.

Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:

a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

Affirmative Action Regulations P.L. 1975, C. 127 (N.J.A.C. 17:27)

If awarded a contract, all procurement and service contractors will be required to comply with the requirements of P.L. 1975, c. 127, (N.J.A.C. 17:27). Within seven (7) days after receipt of the notification of intent to award the contract or receipt of the contract, whichever is sooner, the contractor should present one of the following to the WMUA:

1. A letter from the U.S. Department of Labor that the contractor has an existing federally approved or sanctioned Affirmative

Action Program.

OR

2. A Certificate of Employee Information Report Approval.

OR

3. An Affirmative Action Employee Information Report (Form A.A. 302)

OR

4. All successful contractors must submit at signing of the contract an Initial Project Manning Report (AA201) for any contract award that meets or exceeds the Public Agency bidding threshold (available upon request). No bidder may be issued a contract unless they comply with the affirmative action regulations of P.L. 1975, c. 127.

The following questions must be answered by all bidders:

1. Do you have a federally approved or sanctioned Affirmative Action Program?

YES ____ NO ____

If yes, please submit an electronic copy of such approval.

2. Do you have a State Certificate of Employee Information Report Approval?

YES ____ NO ____

If yes, please submit an electronic copy of such certificate.

The undersigned contractor certifies that he is aware of the commitment to comply with the requirements of P.L. 1975, c. 127 and agrees to furnish the required documentation pursuant to the law.

Company: ________________________________

Signature: ________________________________

Title: ____________________________________

Note: A contractor must be rejected as non-responsive if a contractor fails to comply with requirements of P.L. 1975, c. 127, within the time frame.

Americans With Disabilities Act

Equal Opportunity for Individuals with Disabilities

The Contractor and the Willingboro Municipal Utilities Authority (“Authority”) do hereby agree that the provision of Title II of the

Americans With Disabilities Act of 1990 (the “ADA”) (42 U.S.C. Section 12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any aid, benefit or service on behalf of the Authority pursuant to this contract, the Contractor agrees that the performance shall be in strict compliance with the ADA. In the event that the Contractor, its agents, servants, employees or subcontractors violate or are alleged to have violated the ADA during the performance of this contract, the

Contractor shall defend the Authority in any action or administrative proceeding commenced pursuant to this ADA. The Contractor shall indemnify, protect and save harmless the Authority, its agents, servants and employees from and against any and all suits, claims, losses, demands or damages of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The Contractor shall, at its own expense, appear, defend and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the Authority grievance procedure, the Contractor agrees to abide by any decision of the Authority which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the Authority or if the Authority incurs any expense to cure a violation of the ADA that has been brought pursuant to its grievance procedure, the Contractor shall satisfy and discharge the same at its own expense.

The Authority shall, as soon as practicable after a claim has been made against it, give written notice thereof to the Contractor along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the Authority or any of its agents, servants, and employees, the Authority shall expeditiously forward or have forwarded to the Contractor every demand, complaint, notice, summons, pleading or other process received by the Authority or its representatives.

It is expressly agreed and understood that any approval by the Authority of the services provided by the Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the ADA and to defend, indemnify, protect, and save harmless the Authority pursuant to this paragraph.

It is further agreed and understood that the Authority assumes no obligation to indemnify or save harmless the Contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this agreement. Furthermore, the

Contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the Contractor’s obligations assumed in this agreement, nor shall they be construed to relieve the Contractor from any liability, nor preclude the

Authority from taking any other actions available to it under any other provisions of this agreement or otherwise by law.

Initials ______________

Experience & Qualifications Questionnaire

This questionnaire must be filled out and submitted as a part of the Proposal. Failure to complete this form or to provide any of the requested information will be grounds for the rejection of the bid proposal.

If additional space is required, the respondent shall add additional sheets, which identify the question being answered.

Number of years in business under present name & address:

If less than 5 years, list previous names and address:

Within the last 5 years has the business or any officer/partner failed to complete a contract awarded to them: . If yes, provide the details in on a separate page.

Have any liens and lawsuits been filed against the company in the past 5 years:

If yes, please provide details:

List similar services you are now providing for which you have signed contract, but not yet started work:

List all major subcontractors to be used to complete the service and the area of their responsibility:

Please provide at least 3 public organizational references below:

Name: Phone:

Address:

Equipment/Service Provided:

Contract Amount:

New Jersey Business Registration Certification

Pursuant to N.J.S.A. 52:32-44, wmua ” Contracting Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise

Services within the Department of the Treasury.

Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s).

Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.

During the course of contract performance:

(1) the contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

(2) the contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time.

(3) the contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of

Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax

Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the

State. Any questions in this regard can be directed to the Division of Taxation at (609)292-

6400. Form NJ-REG can be filed online at http://www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses.

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency.

Emergency Purchases or Contracts

For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate within two weeks from the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.

http://www.state.nj.us/treasury/revenue/busregcert.shtml

SAMPLE BUSINESS REGISTRATION CERTIFICATE

PAY TO PLAY ADVISORY

Disclosure Requirement

P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A.

19:44A – 20.27)

Any business entity that has received $50,000 or more in contracts from government entities in a calendar year will be required to file an annual disclosure report with ELEC.

The report will include certain contributions and contract information for the current calendar year.

At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us.

If you have any questions please contact ELEC at: 1-888-313-

ELEC (toll free in NJ) or

609-292-8700

An analyst from ELEC’s Special Programs Section will assist you.

Initials http://www.elec.state.nj.us/

STATEMENT OF OWNERSHIP DISCLOSURE

N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:

Organization Address:

Part I Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, execute certification in Part IV)

Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)

For-Profit Corporation (any type) Limited Liability Company (LLC)

Partnership Limited Partnership Limited Liability Partnership (LLP)

Other (be specific):

Part II

The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION)

OR

No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)

(Please attach additional sheets if more space is needed):

Name of Individual or Business Entity Address

Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC

MEMBERS LISTED IN PART II

If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange

Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s

Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and

Corresponding Entity Listed in Part II

Address

Part IV Certification

I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the Authority is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with Authority to notify the Authority in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the Authority to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print):

Signature:

Date:

Part 2: Additional Information

Disclosure of Investment Activities in Iran

Person or Entity

Part 1: Certification

COMPLETE PART 1 BY CHECKING EITHER BOX.

Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a contract, must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is identified on the State Department of Treasury's

Chapter 25 list as a person or entity engaging in investment activities in Iran. The list is found on Treasury’s website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.

The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or contract, including but not limited to imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed above, nor any parent entity, subsidiary, or affiliate thereof is listed on the N.J. Department of the

Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf.