REV. 12-2024

Request for Proposals

For

QUALITY CONTROL AUDIT SOFTWARE

Issue Date: May 13, 2026

DUE DATE: June 3, 2026

Time: 11:00 AM

Location: NJHMFA

New Jersey Housing and Mortgage Finance Agency 637 South Clinton Avenue, P.O. Box 18550

Trenton, New Jersey 08650-2085

NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY

REQUEST FOR PROPOSALS

FOR

TABLE OF CONTENTS

• INFORMATION FOR BIDDERS

• DEFINITIONS

• SCOPE OF SERVICES

• INSURANCE

• SPECIFIC SUBMISSION REQUIREMENTS

• ADDITIONAL INFORMATION FOR BIDDERS

• PROJECT TERM AND TERMINATION

• CONFLICTS OF INTEREST

• BID SECURITY AND BONDING REQUIREMENTS

• PRICE AND PAYMENT

• APPLICABLE LAW

• MISCELLANEOUS

Appendix 1 – HMFA Standard Contract

Appendix 2 – HMFA Summary Contract Addendum

Appendix 3 – Information & Instructions for completing the “Two-Year Vendor Certification and Disclosure of Political Contributions” Form

Exhibits A through H

REQUEST FOR PROPOSALS

FOR

1.0 INFORMATION FOR BIDDERS

1.1 Background

The New Jersey Housing and Mortgage Finance Agency (hereinafter referred to as the “Agency” or “NJHMFA”) is an independent state agency, whose primary mission is to provide funding for affordable home ownership and housing opportunities for New Jersey residents. The Agency is a strong, unified advocate for housing production, financing and improvement. It accomplishes its mission by responding to the needs of its residents by implementing creative programs and establishing alliances that fund affordable home mortgages for first-time home buyers; promoting construction and rehabilitation of rental housing; encouraging mixed-income, owner-occupied housing growth as a means to stabilize neighborhoods; advancing the growth and development of municipalities; contributing to the quality of life of older adults, the disabled and those with special housing needs; and formulating partnerships to foster the economic development of New Jersey and the personal development of its residents.

1.2 Purpose and Intent

The Agency is seeking bids from qualified mortgage quality control software companies to provide a web-based audit platform to support post-closing quality control and loan servicing audits. The selected solution must enable NJHMFA Quality Control staff to perform comprehensive audit reviews within a secure, centralized system. The scope of this procurement is limited to the acquisition of the software platform only. All audit functions, including review, analysis, reporting, and follow-up, will be conducted internally by NJHMFA QC staff. The Agency is not seeking to outsource any component of the audit function. The bids should focus on the system’s capabilities, including workflow management, document management, reporting functionality, compliance tracking, data security, and user access controls.

Vendors should clearly outline system features, implementation timelines, training support, ongoing maintenance, and pricing structure within the bid submission.

2.0 DEFINITIONS

2.1 General Definitions

Addendum – Written clarification or revision to this RFP issued by the New Jersey Housing and Mortgage Finance Agency.

Agency Program Administrator - Individual responsible for the overall management and administration of the contract.

Bidder – An individual or business entity submitting a bid proposal in response to this RFP.

Contract – This RFP, any Addendum to this RFP, the Bidder’s proposal submitted in response to this RFP, as accepted by the Agency, and the signed Agreement, a copy of which is attached to this RFP in substantially final form as Appendices 1 and 2.

Contractor – The Bidder awarded a Contract resulting from this RFP.

Evaluation Committee – A committee established by the Agency to review and evaluate bid proposals submitted in response to this RFP and to recommend a Contract award.

Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs. No additional fees or costs shall be paid by the Agency unless there is a change in the scope of work.

May – Denotes that which is permissible, not mandatory.

New Jersey Housing and Mortgage Finance Agency (the “Agency” or “NJHMFA”) – The entity that has issued this RFP and will enter into a Contract.

Notice of Intent to Terminate – The notice issued by a Party to the other Party expressing its intention to terminate the Agreement.

Performance and Payment Bonds – The Performance Bond secures the contractor's promise to perform the contract in accordance with its terms and conditions, at the agreed upon price, and within the time allowed. The Payment Bond protects laborers, material suppliers and subcontractors against nonpayment.

Project – The undertaking of services that are the subject of this RFP.

Request for Proposals (“RFP”) – This document which establishes the bidding and Contract requirements and solicits bid proposals to meet the needs of the Agency as identified herein.

Shall or Must – Denotes that which is a mandatory requirement. Failure to meet a mandatory requirement will result in the rejection of a bid proposal as materially non-responsive.

Should – Denotes that which is recommended, not mandatory.

Subtasks – Detailed activities that comprise the actual performance of a task.

Subcontractor – An entity having an arrangement with an Agency Contractor, where the Agency Contractor uses the products and/or services of that entity to fulfill some of its obligations under its Contract, while retaining full responsibility for the performance of all of its [the Contractor's] obligations under the Contract, including payment to the Subcontractor. The Subcontractor has no legal relationship with the Agency, only with the Contractor.

Task – A discrete unit of work to be performed.

Vendor – A supplier of any good or service.

2.2 RFP Specific Definitions

QC – Quality Control

IT – Information Technology

3.0 SCOPE OF SERVICES

3.1 The successful contractor will provide a web-based mortgage quality control audit software platform on a lease basis for use by NJHMFA personnel. The system will enable Agency staff to conduct mortgage quality control audits in-house. NJHMFA is not seeking to outsource any portion of the audit function to non-Agency personnel.

https://www.lawinsider.com/clause/the-notice https://www.lawinsider.com/clause/by-a-party https://www.lawinsider.com/dictionary/other-party https://www.lawinsider.com/clause/expressing https://www.lawinsider.com/clause/intention https://www.lawinsider.com/clause/terminate https://www.lawinsider.com/clause/the-agreement

The proposed software solution must, at a minimum, provide the following capabilities:

• Support secure file transfer functionality to import loan data for sample selection purposes.

• Provide customizable audit selection methodologies, including random, targeted, and discretionary selections, utilizing both fixed and statistical sampling methodologies.

• Include built-in checklists and/or workflow functionality aligned with specific audit types to maintain streamlined and standardized quality control processes.

• Support both post-closing mortgage quality control reviews and loan servicing reviews.

• Provide templates and tools to document audit findings, trend analyses, audit summaries, and custom reporting as needed.

• Generate reporting reflecting both gross and net defect ratios.

• Include supervisory controls that allow management to monitor, review, and, where appropriate, correct audit determinations.

• Maintain detailed tracking of user activity and audit activity within the system. Perform automated system updates to audit questionnaires, checklists, and workflows to ensure alignment with evolving regulatory requirements.

• Conduct compliance checks capable of identifying fee discrepancies, tolerance violations, and TRID-related issues.

• Provide the capability to order third-party reverification services for credit, employment, and income, as needed.

• The solution must be secure, scalable, and configurable to meet NJHMFA’s operational and regulatory requirements while ensuring the integrity and independence of the Agency’s internal quality control function.

3.2 IT Requirements

Cloud Services - application and data maintained outside of NJHMFA managed infrastructure:

3.2.1 Security:

Vendor to provide a detailed system design document showing Security Plan, Disaster Recovery Plan and Contingency Plan. Logical and physical diagrams are required. The document shall describe the administrative, physical, technical and systems controls to be used by the system and/or services. The vendor's security plan must, at a minimum, provide security measures for the following areas:

• Facilities Physical Security and Environmental Protection

• System Security

• System Data Security

• Network Security

• Administrative and Personnel Security

• Regulations and security requirements – how the vendor will address security requirements such as PCI, HIPAA, FISMA and etc.

• System, Administrative and Personnel Security - the security responsibilities of and supervision required for information owned and / or operated by the vendor. Security responsibilities include responsibilities for administration of the infrastructure, implementing or maintaining security and the protection of the confidentiality, integrity, and availability of information systems or processes.

• Workforce Security - the control process for hiring and terminating of vendor’s employees, and method used for granting and denying access to the vendor’s network, systems and applications.

Identify and define audit controls when employment of the employee terminates. Identify rules of behavior.

• Role-based security access – the products and methods provide role-based security, access enforcement and least privilege.

• Account Management – the products and methods identify and control the account types to meet defined regulation and security requirements.

• Password Management – the appropriate password management controls to meet defined regulation or security requirements.

• Logging / Auditing controls – the vendor’s audit control methods and requirements. The controls must address but are not limited to all user access and user identification linked to any changes to the system and data, and provide an audit process that will make all audit data accessible to state and federal audit staff. The audit trail of all transactions should track date, time, user, and end-user device that initiated the transaction. The audit data must be protected, non-repudiated and restricted to authorized staff. Retention of the audit records will be retained online for at least ninety days and further preserve offline for a period of the contract or required State and Federal laws and regulations.

• Incident Management – the methods for detecting, reporting and responding to an incident, vulnerabilities and threats. The methods are tested and exercised.

• Vulnerability / Security Assessment – the products and methods used for scanning for vulnerabilities and remediation of the vulnerabilities. Identify and define methods used for initiating and completing security assessments. All systems and applications shall be subject to vulnerability assessment scans by an independent and accredited third party on an annual basis.

• Data encrypted - Indicate encryption used for data at rest and for data in transit.

3.2.2 Data Confidentiality and Security:

The Vendor must secure all data from manipulation, sabotage, theft or breach of confidentiality. The vendor is prohibited from releasing any financial, statistical, personnel, customer and/or technical data obtained from the NJHMFA that is deemed confidential. The vendor shall assume total financial liability incurred by the vendor associated with any breach of confidentiality.

3.2.3 Hosting and Backup Services:

Describe the frequency of data backup and how long is backup data maintained. For outsourced hosting services, the vendor must demonstrate the ability to not only secure the physical application infrastructure utilizing the above-mentioned security requirements, but also control and secure physical access to the application hosting facilities, the racks supporting network infrastructure and processing server equipment, web, application and database servers. The backed-up data is not commingled with other customer data. Vendor must disclose where the application is being maintained and where the data is being stored.

NOTE: Application hosting and support and Data storage must be within the United States.

3.2.4 Business Continuity:

Describe what measures are in place for Business Continuity.

3.2.5 Testing:

Do you provide a TEST environment?

a. If so, identify the process for data refresh in TEST environment.

b. How frequently can the data be refreshed?

c. Is there a fee for this service?

3.2.6 Data Replication:

Describe method by which data shall be replicated back to NJHMFA for reuse or in the event of a vendor disruption or end of agreement.

3.2.7 Application Maintenance:

a. Identify requirements for accessing solution.

b. How frequently is application updated?

c. Will updates be installed in a TEST environment for assessment prior to go-live?

d. What notification will be in place for updates and system maintenance?

e. When application changes are implemented in Production environment, will this be done during non-business hours?

f. Identify how support is provided and timeframe duration when support is available and response time for response.

3.2.8 Data Query and Reporting:

Describe the reporting tools available with solution and identify any outside tools required.

• Pre-built operational reporting

• Ad hoc operational reporting

• Parameterized analytical reporting

• Ad hoc analytical reporting

• Data mining, What-If analysis, and/or Statistical modeling

3.2.9 Application Security:

• Application Security – where the vendor is providing application hosting or development services, the vendor at a minimum shall run application vulnerability assessment scans during development and system testing. Vulnerabilities shall be remediated prior to production release.

• Multi-Factor Authentication – must be enabled for hosted solution.

• Application Partitioning and Single Tenant – where the vendor is providing application hosting and/or development services, the vendor will isolate the computing environment (compute/partition, network and storage/media.)

• Anti-virus / malware controls – the products and methods for anti-virus and malware controls that meet industry standards. It shall include policy statements that require periodic anti-viral software checks of the system to preclude infections and set forth its commitment to periodically upgrade its capability to maintain maximum effectiveness against new strains of software viruses.

• Database – the products and methods for safeguarding the database(s).

• Data Integrity – the products and methods on the integrity of all stored data and the electronic images, and the security of all files from unauthorized access. The vendor must be able to provide reports on an as-needed basis on the access or change for any file within the system.

• Security Audit – the vendor must allow NJHMFA assigned staff full access to all operations for security inspections and audits which may include reviews of all issues addressed in description of the security approach and willingness to enter into good faith discussions to implement any changes.

• Risk Management – the vendor must establish a risk management plan, technical and security risks are identified, reported and mitigated.

• Confidentiality and Non-Disclosure Agreements – when requested, the vendor and all project staff including its sub vendor(s) must complete and sign confidentiality and non-disclosure agreements provided by the NJHMFA as needed.

3.2.10 Artificial Intelligence:

The use of any and all generative artificial intelligence (AI) and/or large language models (LLM) shall be disclosed. Content created with generative (AI) shall be clearly identified and any publicly available content generated by an AI and/or LLM shall be disclosed.

The Vendor/Contractor/Subcontractor shall be responsible for verifying the accuracy of AI and LLM outputs. Confidential information is prohibited from being disseminated or disclosed to an AI and/or LLM. Use of an AI and/or LLM is not a substitute for human-produced documents, memos, text, or any other content. The Vendor/Contractor/Subcontractor shall comply with the AI policy of NJHMFA as well as the State of New Jersey regarding the use of AI and/or LLM.

4.0 INSURANCE

4.1 Contractor’s Insurance

The Contractor must assume all risks connected with their work. The Contractor shall comply with all State laws and regulations concerning Workers’ Compensation and shall maintain such insurance as will protect him/her against all claims for damages for personal injury, including death, which may arise during the performance of the Contract, either by him/her or by any Subcontractor or anyone directly or indirectly employed by either of them. Any insurance company providing Workers’ Compensation coverage must be authorized to do business in the State of New Jersey and must have a minimum Financial Strength Rating of A- and with a minimum Financial Size Category of VIII per A. M. Best Company.

The Contractor shall provide the Agency with current Certificates of Insurance for Workers’ Compensation coverages and renewals thereof. Certificates of Renewal shall be provided to the Agency within thirty (30) days of expiration of such insurance.

The Contractor shall further comply with all Insurance Requirements in Section 4.2 of this RFP. Any and all insurance coverages shall be with an insurance company authorized to do business in the State of New Jersey and must have a minimum Financial Strength Rating of A- and with a minimum Financial Size Category of VIII per A. M. Best Company.

The Agency shall be named an ADDITIONAL INSURED on the General Liability and Cyber Liability policies and the Contractor shall provide to the Agency Certificates of Insurance and Policy Endorsements evidencing same. Insurance coverages shall remain in effect until the Contract is completed or the project is accepted by the Agency, and at all times thereafter when the Contractor may be removing or replacing defective work.

The Contractor shall not commence work under the Contract until the Contractor has obtained all insurance as required and such insurance has been approved by the Agency in writing, nor shall the Contractor allow any Subcontractor to commence work, in his/her subcontract until all similar insurance required of the Subcontractor has been so obtained and approved by the Agency in writing.

The Contractor’s insurance shall apply to and provide coverage for all Subcontractors and/or suppliers unless the Contractor forwards to the Agency the Certificate of Insurance for the Subcontractor and/or supplier in which case all insurance applicable to the Subcontractor and/or supplier shall fully comply with all insurance requirements applicable to the Contractor and shall be subject to the approval by the Agency in writing.

The Contractor, or the Subcontractor and/or supplier if applicable, shall give the Agency thirty (30) days written notice of any material change in, cancellation of, or expiration of the policies.

4.2 Insurance Requirements

The following are mandatory minimum insurance requirements, if indicated by an (X) shall be applicable to this Contract and shall provide for, but are not limited to the following coverages.

Certificates of Insurance and applicable Policy Endorsements for those policies required below shall be submitted by the successful Contractor. Such coverages shall be with an insurance company authorized to do business in the State of New Jersey and shall have a minimum Financial Strength Rating of A- and with a minimum Financial Size Category of VIII per A. M. Best Company and shall name the Agency as an Additional Insured, with the exception of Workers’ Compensation Insurance and Professional Liability coverages. A Waiver of Subrogation, in favor of the Agency, shall be included on all policies unless inclusion is not allowed by state law.

ACORD 25 forms “Certificates of Liability Insurance” may be utilized to provide evidence of General Liability, Cyber Liability, Workers’ Compensation coverages and Professional Liability policies as are applicable. All applicable information on the ACORD 25 must be completed and information noted must reflect actual terms and conditions as contained in the underlying policies and be in conformity with the New Jersey Certificates of Insurance Act (N.J.S.A. 17:29A-54 et seq.).

ACORD 25 “Certificates of Liability Insurance” forms are to indicate the Agency as the Certificate Holder as follows:

New Jersey Housing and Mortgage Finance Agency ATTN: Insurance Division PO Box 18550 Trenton, NJ 08650-2085

Copies of Policy Endorsements which effectuate the Additional Insured status of the Agency with respect to General Liability and Cyber Liability Insurance shall be provided.

Worker's Compensation Insurance Workers’ Compensation and Employers’ Liability. This insurance shall be maintained in force during the life of the Contract covering all employees engaged in performance of the Contract pursuant to N.J.S.A.

34:15-12(a) and N.J.A.C. 12:235-1.6. Coverage A limit is Statutory and Coverage B limits are $500,000 per occurrence; $500,000 per employee disease limit and $500,000 policy limit for disease. If the Contractor or Subcontractor is a Sole Proprietor, Partnership or Limited Liability Company, the sole proprietor, partners or members shall be included in the coverage.

General Liability Insurance General Liability Insurance shall be provided with limits of not less than $1,000,000 per occurrence and $2,000,000 General Aggregate and shall be maintained in full force during the life of the Contract. Agency to be named as an Additional Insured. Contractual Liability that will respond to the Indemnification Clause in the Contract shall be included.

Umbrella/Excess Liability Insurance Umbrella/Excess Liability Insurance shall be provided with limits of not less than $5,000,000 per occurrence and $5,000,000 General Aggregate and shall be maintained in full force during the life of the Contract. Umbrella/Excess Liability coverages shall be in addition to required General Liability coverages. Agency to be named as an Additional Insured. Contractual Liability that will respond to the Indemnification Clause in the Contract shall be included.

Automotive Liability Insurance Automotive Liability Insurance covering Contractor for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000 combined single limit shall be maintained in full force during the life of the Contract. Agency to be named as an Additional Insured.

Professional Liability Insurance Errors and Omissions, Professional Liability Insurance and/or Professional Liability Malpractice Insurance to protect the Contractor from any liability arising out of the professional obligations performed, X shall be maintained in full force during the life of the Contract. The insurance shall be in the amount of not less than $5,000,000 on an unimpaired basis and with a deductible not exceeding $50,000. If the Contractor has Professional Liability Insurance coverages which exceed the minimum requirements noted herein, those actual policy coverage limits shall apply. In instances where the Contractor has a deductible in excess of $50,000, the Agency may consider acceptance of same subject to the review by the Agency of the most recent Certified Financial Statements of the Contractor to determine the financial wherewithal of the Contractor to fund a deductible in excess of $50,000. If the Contractor has claims-made coverage and subsequently changes carriers during the term of the Contract, Contractor shall obtain from its new carrier an endorsement for retroactive coverage with a Retroactive Date that predates the start of the Contract.

Cyber Liability Insurance Cover Cyber Liability Insurance Cover shall be provided with limits on an unimpaired basis of not less than $5,000,000 per occurrence and $5,000,000 General Aggregate and shall be maintained in full force during the life of the Contract. Agency to be named as an Additional Insured. Coverage shall include data breach, privacy crisis management, multimedia liability, extortion and network security liability. If the Contractor has claims-made coverage and subsequently changes carriers during the term of the Contract, Contractor shall obtain from its new carrier an endorsement for retroactive coverage with a Retroactive Date that predates the start of this Contract.

The New Jersey Housing and Mortgage Finance Agency (NJHMFA) reserves the right to specify alternative insurance requirements in Contract/Agreement language on a case by case basis so long as such alternative insurance requirements are substantively consistent with the intent of NJHMFA’s insurance requirements hereinabove, as NJHMFA shall determine in its sole discretion, and shall not, in any instance, be in conflict with or in violation of any and all applicable State Statutes and/or Administrative Code Regulations.

5.0 SPECIFIC SUBMISSION REQUIREMENTS

5.1 The purpose of the following requirements is to assist the Agency in determining the ability of a Bidder to provide the services described in this RFP. All items listed below must be included with your proposal. Please follow the organization and numbering below when preparing and submitting your proposal. An Evaluation Committee will review all submissions to determine if the RFP requirements are satisfied. Proposals that do not include the information requested may be considered non-responsive.

a. Provide customizable audit selections (random, targeted and discretionary audits) both fixed and statistical sampling methodologies.

b. Provide report templates detailing analysis of audit findings, trend analysis, audit summaries and various custom reports as needed.

c. List all businesses to be used as Subcontractors (see Section 2.0 for the definition of Subcontractors).

Information Technology Requirements:

d. Address the adequate security for system(s) that will be involved with Agency’s loan information.

e. Provide documentation to show security, application maintenance and business continuity maintained.

f. If there is telework, list the support and updates of system that will be used, and Vendor must ensure that all telework is done within the USA.

g. Submit the SOC 2 Report (preferred)

If SOC 2 Report is not available, provide:

• IT Infrastructure Security Policies and Procedures

• Application Security

h. Submit the Disaster Recovery Planning/Testing documents

i. Provide the Business Continuity Plans

NOTE: Application maintenance, support and data storage must be conducted with the United States. This includes subcontractors.

5.2 Bid Evaluation Criteria

The following evaluation criteria will be used to evaluate, score and rank bid proposals received in response to this RFP. Proposals shall first be reviewed for completeness and shall then be evaluated, scored and ranked. The criteria and specific weighting are as follows:

6.0 ADDITIONAL INFORMATION FOR BIDDERS

6.1 Bid Opening

All bids must be submitted electronically through the Agency’s Procurement Portal at https://njhmfa.bonfirehub.com by 11:00 AM on June 3, 2026 to be considered. For sufficient time, it is strongly recommended that the uploading process and finalizing of the bid submission documents begin at least ONE (1) day before the bid opening time. No bids will be received after the bid opening date and time. Only those bids submitted electronically will be accepted.

The Agency reserves the right to reject any and all bids for any reason including but not limited to the Agency’s determination of cost vs. benefit.

The Agency reserves the right to request any and all information which may assist in making a Contract award, including information or documentation related to the bidder’s financial capabilities to perform the Contract. The Agency also reserves the right to request from any bidder a detailed explanation of a bid price.

It is highly improper for a Bidder, after bid opening, to contact a staff member of the Procurement division or Agency to discuss the bids. Should there be any questions concerning the bid(s) submitted, the Bidder will be contacted in writing by a member of the Procurement staff.

6.2 Questions and Inquiries

It is the policy of the Agency to accept questions and inquiries from all potential Bidders receiving this RFP. Questions must be submitted electronically at https://njhmfa.bonfirehub.com through the Agency’s Procurement Portal.

6.3 Question Protocol

Questions should be directly related to the RFP by the Bidder. Questions should be asked in consecutive order, from beginning to end, following the organization of the RFP. Each question should begin by referencing the RFP page number and section number to which it relates.

Experience - Delivering services as a vendor, experience level of staff, including qualifications, certifications and relevant expertise. 35 Management - Provide details how implementation is handled, maintenance, and ongoing support of your software systems. 25 Responsiveness 5 Cost 30 MBE, WBE, SBE, VOB, DVOB certification 5 https://njhmfa.bonfirehub.com/ https://njhmfa.bonfirehub.com/

6.4 Cut-Off Date for Questions and Inquiries

All questions and inquiries relating to this RFP must be received by 2:00 PM (Eastern Standard Time) on Wednesday, May 20, 2026. Questions received after this time will not be acknowledged or considered.

6.5 Revisions to the RFP

Only written modifications issued via Addendum are considered to be alterations to the RFP. Oral comments are not binding. An Addendum will be issued by the Agency for any revisions, modifications, clarifications or alterations to the RFP and will become part of the final Contract resulting from this RFP.

If it becomes necessary to amend the RFP, an Addendum will be issued by the Agency and publicly advertised for a minimum of five (5) calendar days in advance of the bid opening date and time. The bid opening date and time will be extended, if necessary, in order to meet the five (5) day requirement.

6.6 Bidder’s Responsibility

The Bidder assumes sole responsibility for the complete effort required in this RFP. No special consideration will be given after bids are opened because of a Bidder’s failure to be knowledgeable of all the requirements of this RFP. By submitting a bid in response to this RFP, the Bidder shall be deemed to have understood all the requirements of the RFP.

6.7 Cost Liability

The Agency assumes no responsibility and bears no liability for costs incurred by Bidders in the preparation and submittal of the bids in response to this RFP.

6.8 RFP Preparation and Submission Requirements

6.8.1 The proposal must be uploaded, submitted, and finalized prior to the bid opening date and time. We strongly recommend that you allow sufficient time and at least ONE (1) day prior to bid opening date and time to begin the uploading process and to finalize your submission.

Important Notes:

• Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

• An email receipt with a unique confirmation number will be sent once you finalize your submission.

• Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or

Mozilla Firefox. JavaScript must be enabled. Browser cookies must be enabled.

Need Help?

New Jersey Housing and Mortgage Finance Agency uses a Bonfire portal for accepting and evaluating proposals digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at:

https://bonfirehub.zendesk.com/hc

6.8.2 The proposal submitted in response to this RFP must include the following. Failure to submit or sign any of the required documents may result in disqualification.

1. Specific Requirements as detailed in Section 5.0 of this RFP

2. Mandatory Affirmative Action Language, N.J.S.A. 10:5-31 et seq., N.J.A.C.17:27-1 et seq.

(Exhibit A)

3. References (Exhibit B)

4. Chapter 51/Executive Order 333 (2023) Vendor Certification and Disclosure Forms (See

Appendix 3 to determine applicability) mailto:support@gobonfire.com https://bonfirehub.zendesk.com/hc

5. Signed Source Disclosure Form (Exhibit D)

6. Code of Ethics for Vendors (Exhibit E)

7. Ownership Disclosure Form (Exhibit F)

8. Subcontractor Utilization (Exhibit G)

9. Signed Cost Sheet (Exhibit H)

10. Copy of your New Jersey Business Registration Certificate (It is not required to submit this certificate with the proposal; however, Bidder and any named Subcontractors must submit a copy of their certificate and those of any named Subcontractors prior to entering into a Contract with the Agency).

11. Copy of Minority Business Enterprise (MBE), Women Business Enterprise (WBE), Small Business Enterprise (SBE), Veteran-owned Business (VOB), or Disabled Veteran-owned Business (DVOB) certification if applicable. According to Section 5.2 - Bid Evaluation Criteria the Bidder will receive additional points during the evaluation process for submission of qualifying documents.

6.9 Exceptions to the RFP

Bidders may find instances where they must take exception with non-material requirements or specifications of the RFP. All exceptions shall be clearly identified, and written explanations shall include the scope of the exceptions, the ramifications of the exceptions for the Agency, and a description of the advantages to be gained, or disadvantages to be incurred by the Agency as a result of these exceptions.

All exceptions must be included with the electronic submission.

6.10 Rights to Submitted Material

All proposals, responses, inquiries, and/or correspondence relating to or in reference to this RFP, and all reports, charts and other documentation submitted by Bidders shall become the property of the Agency when received.

6.11 Rejection of Bids

The failure of bidders to fulfill all bid requirements may result in rejection of bid. The Agency reserves the right to accept or reject any or all bids or to waive minor elements of non-compliance of any respondent’s bid with regard to the requirements outlined in the RFP.

The following grounds may be utilized for the rejection of the bid:

1. Failure to submit the bid on or before the date and time specified in the RFP document.

2. Failure to sign documents where indicated.

3. Failure to fully complete the Source Disclosure Certification Form (Executive Order 129).

4. Failure to submit an executed fee schedule or cost sheet.

5. Submission of contracts or other documents materially inconsistent with the requirements of the RFP or which represent general disclaimers of the terms thereof.

6. Failure to withdraw proposed exceptions deemed by the Agency to be unacceptable.

7. Failure to provide information or other supplemental materials/requirements specified in the

RFP.

6.12 Bid Errors

No alterations or corrections to the bids are permitted after the bids are opened. If an error is discovered after the bid opening but before Contract award, the Bidder may request that their bid be withdrawn. This request must be submitted in writing to the Procurement Unit, and signed by an officer or authorized representative of the firm. The decision to permit withdrawal of the bid will be at the discretion of the Agency.

The Agency may, under extraordinary circumstances, allow for a bid to be withdrawn after Contract award. In this case, the Bidder requesting withdrawal will be liable for any administrative expenses incurred as a result of Contract cancellation and subsequent award to another Bidder.

6.13 Indemnification

The Contractor shall assume all risk of and responsibility for and agrees to indemnify, defend, and hold harmless the Agency, its officers, employees and agents from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses which shall relate to, arise from, or result directly or indirectly from the services, work and/or materials supplied under this Contract. This indemnification obligation is not limited by, but is in addition to the insurance obligations contained in this agreement.

The Agency assumes no obligation to indemnify or hold harmless the Contractor, its agents, servants, employees or Subcontractors for any claim that may arise out of its performance of the Contract.

6.14 Negotiation and Best and Final Offer (BAFO)

Following the opening of bid proposals, the Agency reserves the right to negotiate with Bidders, after bid opening, the final terms and conditions of any procurement, including price, the technical services offered, the terms and conditions and/or the price of a proposed Contract award with any Bidder. In response to the Agency’s request to negotiate the Bidder must continue to satisfy all mandatory RFP requirements but may improve upon original technical proposal in any revised technical proposal.

However, any revised technical proposal that does not continue to satisfy all mandatory requirements will be rejected as non-responsive and the original technical proposal will be used for any further evaluation purposes, in accordance with the following procedures:

The Agency will conduct an initial review and determine whether and with which Bidder(s) it will negotiate, and will communicate its request to each such Bidder. In response, the Bidder will submit any required revisions to its proposal.

In response to the Agency’s request for a BAFO (“Best and Final Offer”), the Bidder may submit a revised price proposal that is equal to or lower in price than its original submission but must continue to satisfy all mandatory requirements.

After receipt of the results of the negotiation and/or the BAFO(s), the Evaluation Committee will complete its evaluation and recommend to the Agency for award that responsible Bidder(s) whose bid proposal, conforming to this RFP, is most advantageous to the Agency, price and other factors considered.

All contact, records of initial evaluations, any correspondence with Bidders related to any requests for negotiation or BAFO, any revised technical and/or price proposals, the Agency’s evaluation and the award recommendation, will remain confidential until an Intent to Award notice is issued.

6.15 Retainage

If retainage is required on a Contract, the Agency will retain the stated percentage or retainage from each invoice. Payment of retainage will be authorized after satisfactory completion and submission of all services, deliverables or work products by the contractor and acceptance by the Agency of all services, deliverables or work products required by the Contract.

6.16 Bidder’s Status

In the event the Bidder is awarded the Contract, the Bidder/Contractor shall be an independent Contractor of the Agency and not an employee of the Agency.

6.17 Contract Award

Award shall be made with reasonable promptness by notice to the responsible Bidder whose bid, conforming to this RFP, will be most advantageous to the Agency.

The Agency reserves the right to accept or reject any or all bids or to waive minor elements of non-compliance of any respondent’s proposal with regard to the requirements outlined in the RFP.

6.18 Notification of Award

The intended awardee will receive a Notice of Intent to Award letter. This Notice may also contain certain contingency requirements that must be satisfied within seven (7) business days of receipt of the letter.

Failure to comply with all provisions of the Notice of Intent to Award letter may disqualify that Bidder.

6.19 Bidder Right to Protest Award

Except in cases of emergency, Bidders have the right to protest the Agency’s proposed award or notice of intent to award of the Contract. Unless otherwise stated, a Bidder’s protest must be submitted to the Executive Director of the Agency within three (3) business days after receipt of written notification that his bid has not been accepted or that notice of intent to award has been made to another Bidder. Written objections with supporting facts and arguments must be addressed to the Executive Director. The Executive Director will review the protest(s) and make a determination of the validity of the claim within ten (10) business days of receipt of written objection. In case of emergency, as stated in the record, the Agency may waive the protest period.

6.20 Subcontracting or Assignment

The Contract may not be subcontracted or assigned by the Contractor, in whole or in part, without the prior written consent of the Agency. Such consent, if granted, shall not relieve the Contractor of any of their responsibilities under the Contract.

In the event the Bidder proposes to subcontract for the services to be performed under the terms of the Contract award, he/she shall state so in their bid and attach for approval a list of said Subcontractors and an itemization of the products and/or services to be supplied by them. All Contractors and subcontractors must be appropriately identified and registered and at all times comply with N.J.S.A. 52:32-44.

Nothing contained in the specifications shall be construed as creating any contractual relationship between any Subcontractor and the Agency.

6.21 Right to Inspect Facilities and Records

The Agency reserves the right to inspect the Contractor's establishment for the purposes of ascertaining whether the Contractor has the necessary facilities for performing the Contract.

The Agency may also consult with clients of the Bidder during the evaluation of bids. Such consultation is intended to assist the Agency in making a Contract award that is most advantageous to the Agency.

6.22 Confidentiality

In the course of performing services required under this Contract, the Agency may be providing certain information that the Agency may wish to keep confidential. Contractor shall not disclose Confidential Information, as defined below, to any third party unless, prior to any such disclosure, Contractor has obtained the Agency’s written permission.

“Confidential Information” shall mean any information or data of a confidential nature, which is not considered public record as determined by the Agency, including but not limited to: (a) personal information about individuals and entities, including but not limited to social security numbers and financial data; (b) technical, developmental, marketing, sales, operating, performance, cost, know-how, methodologies, business and process information; (c) computer programs and related documentation, including related programming know-how and techniques; and (d) all record-bearing media containing or disclosing such information, know-how, and techniques disclosed under this Contract.

6.23 Ownership of Material

The Agency shall retain all of its rights and interest in and to any and all documents and property, both hard copy and digitally furnished by the Agency to the Contractor, for the purpose of assisting the Contractor in the performance of this Contract. All such items shall be returned immediately to the Agency at the expiration or termination of the work or Contract. None of such documents and/or property shall be disclosed to others or used by the Contractor or permitted by the Contractor to be used by third parties at any time except in the performance of the Contract.

All data, technical information, materials gathered, originated, developed, prepared, used or obtained in the performance of the Contract, including, but not limited to: all reports, plans, charts, literature, brochures, recordings (audio and/or video), analyses, documentation and print-outs, notes and memoranda, written procedures and documents, regardless of state of completion, which are prepared for or are a result of the services required under this Contract shall be and will remain the property of the Agency and shall be delivered to the Agency upon 30 days’ notice by the Agency.

6.24 Proprietary Information/ Public Disclosure

Subsequent to bid opening, all information submitted by Bidders in response to the bid solicitation is considered public information, except as may be exempted from public disclosure by the Open Public Records Act, N.J.S.A. 47:1A-1, et seq., and the common law. If the Agency determines it will request Best and Final Offers, bid proposals will not be made public until the Letter of Intent to Award is issued.

A Bidder may designate specific information as not subject to disclosure when the Bidder has a good faith legal/factual basis for such assertion. The Agency reserves the right to make the determination and will advise the Bidder accordingly. The location in the bid proposal of any such designation should be clearly stated in a cover letter. The Agency will not honor any attempt by a Bidder either to designate its entire bid proposal as proprietary and/or to claim copyright protection for its entire proposal.

6.25 Maintenance of Records: Authority to Audit or Review Contract Records – N.J.A.C. 17:44-

2.2 The Contractor shall maintain all documentation related to products, transactions or under this Contract for a period of five (5) years from the date of final payment. Such records shall be made available to the Agency and the New Jersey Office of the State Comptroller upon request.

7.0 PROJECT TERM AND TERMINATION

7.1 Contract Term

This Contract will be awarded for a three (3) year term. The Contract may be extended for one (1) additional two (2) year term, upon mutual written consent of both parties. If, in the opinion of the Agency, it is in the best interest of the Agency to extend any Contract entered into as a result of this Request for Proposal, the Contractor will be so notified of the Agency’s intent at least thirty (30) days prior to the expiration date of the existing Contract. The Contractor shall have fifteen (15) calendar days to respond to the Agency’s request to extend the Contract. If the Contractor agrees to the extension, all terms and conditions of the original Contract, including price, will be applicable.

7.2 Project Suspension and Termination of the Contract Award

A. SUSPENSION OF PROJECT: If, for any reason, the Project for which the Contractor's services were contracted should be suspended, the Agency may suspend this Contract upon seven (7) business days’ written notice to the Contractor. Upon receipt of such notice, unless otherwise directed in writing by the Agency, the Contractor shall immediately discontinue all work under the Contract. Upon such notification, the Contractor shall be paid a proportion of the fee which the services actually and satisfactorily performed by it shall bear to the total services completed under the Contract, less payments previously made. The Agency may order that the work on the Project be stopped temporarily, and upon seven (7) business days’ written notice from the Agency, the Contractor shall cease all work on the Project except as necessary to properly secure the Project. If the Agency directs that the work on the Project resume within six (6) months, the Contractor shall be obliged to complete the Project for the basic fee provided for in this Contract, plus additional compensation for any work necessitated by the stop order as approved by the Agency in writing.

However, in the event that services are scheduled to end either by Contract expiration or by rescission of the Contract award by the Agency, it shall be incumbent upon the Contractor to continue the services if requested by the Agency to do so, until new services, if any, are completely operational. At no time shall this transitional period extend more than ninety (90) calendar days beyond the expiration or termination date of the existing Contract, except by agreement of the parties. The Contractor will be reimbursed for this service at the rate in effect when this transitional period clause is invoked by the Agency.

B. TERMINATION OF THE CONTRACT AWARD: The Agency may terminate the Contract award at any time during the duration of the Contract, without penalty, subject to the following provisions:

(1) Change of Circumstances: Where circumstances change and/or the needs of the Agency change, or the Contract is otherwise deemed by the Agency to no longer be in the public interest, the Agency may terminate the Contract award upon no less than thirty (30) calendar days’ notice to the Contractor. In the event of such a termination of the Contract award, the Contractor shall furnish to the Agency, free of charge, such closeout reports as may reasonably be required.

(2) For Cause:

(a) Where a Contractor fails to perform or comply with the Contract and/or fails to provide information requested by the Agency, the Agency may terminate the Contract award upon ten (10) calendar days’ notice to the Contractor with an opportunity to protest said termination and/or request an informal hearing, if necessary, and issue a final Agency decision regarding termination of the Contract.

(b) Where a Contractor continues to perform a Contract poorly as demonstrated by written findings issued by the Agency and provided to the Contractor, the Agency may issue a Notice of Intent to Terminate the Contract award with a ten (10) calendar day opportunity for the Contractor to protest such termination and/or request an informal hearing. If the Contractor protests, the Agency will complete the hearing, if necessary, and issue a final Agency decision regarding termination and related issues including, but not limited to, damages payable to the State.

(c) The Agency's right to terminate award for cause includes any reason set forth in any other provision contained in the Contract.

(d) The failure of a Contractor to respond to the Agency's “Notice of Intent to Terminate” letter within the ten (10) calendar day period…