NJSIG-2024-010 - Investigation Services - RFP FINAL.pdf

New Jersey Schools Insurance Group

6000 Midlantic Drive, Suite 300 North Mount Laurel, New Jersey 08054 www.njsig.org

Request for Proposal: NJSIG-2024-010

For: Investigation Services

Event Date

RFP posted: March 11, 2025

Questions regarding the RFP due: April 1, 2025

Answers regarding the RFP posted: April 15, 2025

RFP proposal due date and time: April 29, 2025 at 10:00 A.M. ET

NJSIG Board of Trustees approval: May 14, 2025

Dates are subject to change. All changes will be reflected in Addenda to the RFP posted on the NJSIG e-procurement website at www.bidnetdirect.com//njsig about:blank

LEGAL NOTICE

Notice is hereby given by the New Jersey Schools Insurance Group (“NJSIG”), in accordance with N.J.S.A. 18A:18A-4.1, that a competitive contracting procurement will be received by NJSIG on April 29, 2025 at 10:00 A.M. ET prevailing time conducted on electronic platform, in accordance with N.J.A.C. 5:34-1 et. seq., on BIDNET at www.bidnetdirect.com//njsig

RFP# NJSIG-2024-010 Investigation Services

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 NJSIG will not be accepted, regardless of the method of delivery.

If awarded a contract, your company/firm shall be required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et. seq.

This procurement has been advertised pursuant to a “fair and open process.” See N.J.S.A. 19:44A-20.7 and Local Finance Notice 2007-11.

Date: March 11, 2025 Sean Canning, QPA, MPA Qualified Purchasing Agent

Page i of ii

Table of Contents

1 Information for Proposers

1.1 Purpose and Intent

1.2 Organizational Background

1.3 Background for Requested Proposal

1.4 RFP Objective

1.5 Scope of Work

1.6 Questions Regarding the Requested Proposal

1.7 Addenda

1.8 Proposer Responsibility

1.9 Cost Liability

1.10 Contents of Proposal

1.11 Price Alteration

1.12 Proposal Errors

1.13 Joint Venture

1.14 Definitions

2 Proposal Preparation and Submission

2.1 Method of Submission of Proposal

2.2 Effect of Submission of Proposal

2.3 Time for Submission of Proposal

2.4 Mandatory Contents of Proposal

2.5 Fee Proposal

2.6 Technical Proposal

2.6.1 Executive Summary

2.6.2 Organization Profile and Experience

2.6.3 Qualifications and Experience

2.6.4 Insurance Requirements Form

2.6.5 Additional Required Forms

2.6.5.1 Ownership Disclosure Form

2.6.5.2 Business Registration

2.6.5.3 Disclosure of Investment Activities in Iran and

Prohibited Activities in Russia and Belarus

2.6.5.4 Mandatory Equal Employment Opportunity Language

2.6.5.5 Additional Mandatory Anti-Discrimination Language

2.6.6 Disclosure Statement on Political Contributions

2.6.7 Record Retention

3 Contractual Terms and Conditions

Page ii of ii

4 Proposal Evaluation

4.1 Selection Criteria

4.2 Evaluation Committee

4.3 Interview

5 Contract Award

6 Contract Administration

7 Bidder’s Checklist

1 Information for Proposers

1.1 Purpose and Intent

The New Jersey Schools Insurance Group (“NJSIG”) is seeking proposals from qualified persons, firms, associations, and corporations engaged in the private detective business as defined in N.J.S.A. 45:19-9(a) to provide investigation services for NJSIG.

Such persons, firms, associations, and corporations are invited to submit a proposal.

This solicitation is conducted in a fair and open process in accordance with the requirements for competitive contracting under the Public School Contracts Law, N.J.S.A. 18A:18A-1, et seq. This solicitation is specifically seeking proposals from qualified persons, firms, associations, and corporations engaged in the private detective business as defined in N.J.S.A. 45:19-9(a) that desire to provide investigation services for NJSIG within the Scope of Work described below.

1.2 Organizational Background

NJSIG is a school board insurance group, also known as a governmental risk pool, established in accordance with P.L. 1983, c. 108, that provides insurance coverage and risk management services to member school districts.

The concept of pooling is one whereby public entities can join together to provide protection from risks on a group basis. As a school board insurance group, NJSIG is governed by a Board of Trustees which is comprised of school board members, superintendents, and business administrators from NJSIG member districts.

By joining NJSIG, members collectively attain benefits not possible individually and pool their premiums into a common fund to be used for the benefit of all members.

NJSIG is comprised of about three hundred and sixty-three boards of education and charter school districts, and offers members a cost-effective method of obtaining coverage for all property and casualty lines, including but not limited to: workers’ compensation, general liability, automobile liability, automobile physical damage, excess liability, property, errors and omissions, crime, environmental liability, equipment breakdown, cyber liability, supplemental indemnity, terrorism, crisis management, and RESTART. NJSIG provides members with claims administration, underwriting, and loss control services.

1.3 Background for Requested Proposal

NJSIG self-administers all claims on its workers’ compensation, general liability, and auto liability lines. NJSIG is seeking one or more qualified persons, firms, associations, and corporations engaged in the private detective business as defined in N.J.S.A. 45:19- 9(a) to provide investigation services for NJSIG on an “as-needed” basis to assist its claims department with proper claims evaluation and resolution.

1.4 RFP Objective

NJSIG’s objective with this RFP is to identify one or more qualified persons, firms, associations, or corporations engaged in the private detective business as defined in N.J.S.A. 45:19-9(a) which are capable of providing investigation services for NJSIG on an “as-needed” basis within the Scope of Work described below. NJSIG intends to award contracts to one or more qualified persons, firms, associations, or corporations to provide such services. The number of persons, firms, associations, or corporations receiving contracts will be determined after evaluation of responses received.

Any contracts awarded pursuant to this RFP shall constitute neither a retention nor an entitlement to be retained for a specific matter. Rather, any such contract shall render the contractor eligible to receive assignments from NJSIG as deemed necessary by NJSIG based on the unique requirements of the matter. NJSIG does not guarantee any minimum or maximum volume of work. The services to be provided are those customarily required by entities that are like NJSIG and its members in both size and scope of operations.

1.5 Scope of Work

In accomplishing its work, NJSIG requires assistance from an experienced person, firm, association, or corporation engaged in the private detective business as defined in N.J.S.A. 45:19-9(a) which is capable of providing the following investigation services for NJSIG on an “as-needed” basis and in a manner that complies with all applicable laws, statutes, regulations, and industry code(s) of ethics:

• Research and Information Gathering:

o The proposer shall have the ability to utilize appropriate sources (e.g., public records, proprietary investigation databases, etc.) and techniques (e.g., medical canvass, social media search, etc.) to gather all manner of information about an individual, such as their:

▪ Address history;

▪ Assets;

▪ Credit history;

▪ Criminal history;

▪ Civil judgment/lien history;

▪ Driving history/motor vehicle abstract;

▪ Educational history;

▪ Employment history;

▪ Licenses (including professional and recreational);

▪ Medical treatment history (any jurisdiction);

▪ Name/alias history;

▪ Recreational/behavioral history;

▪ Relatives and neighbors;

▪ Phone number history;

▪ Physical appearance;

▪ Police reports (criminal and motor vehicle);

▪ Real property ownership;

▪ Social media history/activity; and

▪ Vehicle ownership history.

o The proposer shall have the ability to conduct preliminary investigations (also known as “activity checks”) to gather basic information about an individual (such as their identity, address, routine/habits, conduct, movements, whereabouts, affiliations, associations, transactions, and/or reputation), and/or to determine if further surveillance is required;

o The proposer shall have the ability to conduct this research and gather this information for NJSIG’s records and for use by the proposer in furtherance of future investigative efforts (e.g., surveillance, witness locating/interviewing);

• Surveillance:

o The proposer shall have the ability to conduct covert surveillance to monitor and digitally record and/or photograph a subject’s movements and actions on any day of the week, at any time of day or night, and anywhere the subject can be observed in a public setting, commensurate with the needs of the matter as determined by NJSIG;

▪ At a minimum, the proposer shall have the ability to conduct such covert surveillance in the State of New Jersey and shall confirm same in its proposal;

▪ If the proposer has the ability to conduct such covert surveillance in any other jurisdiction, the proposer shall list all such jurisdiction(s) in its proposal;

and actions utilizing a variety of methods (e.g., manned surveillance, unmanned surveillance, or some combination thereof) commensurate with the needs of the matter as determined by NJSIG;

and actions in a variety of temporal increments (e.g., 1 hour, 4 hours, 8 hours, etc.) commensurate with the needs of the matter as determined by NJSIG. The proposer shall not conduct such surveillance for any duration without the prior written approval of NJSIG. If NJSIG provides such approval, the proposer shall not conduct surveillance for a duration greater than the duration previously approved by NJSIG. If the proposer recommends that surveillance continue for a duration greater than the amount previously approved by NJSIG, the proposer shall communicate same to NJSIG, and NJSIG shall have sole authority to grant or deny the recommendation.

o Before conducting any covert surveillance, the proposer shall conduct all necessary research and information gathering as outlined above to ensure that the surveillance schedules and strategies are optimized to produce the best opportunities for useful results;

o While conducting any covert surveillance to monitor and digitally record and/or photograph a subject’s movements and actions, the proposer shall terminate such surveillance and immediately notify NJSIG if the subject becomes aware of the surveillance;

o After terminating any covert surveillance for any reason, the proposer shall not reinitiate the surveillance without first obtaining consent from

NJSIG;

o The proposer shall maintain all first edition covert surveillance digital recordings and/or photographs in a secure area with appropriate chain of custody controls, and shall, on request by NJSIG, immediately transmit to NJSIG copies of all digital surveillance recordings and/or photographs and any other documents relating to the covert surveillance;

• Witness Locating/Interviewing:

o The proposer shall have the ability to locate non-party witnesses by conducting all necessary research and information gathering as outlined above;

o The proposer shall have the ability to interview non-party witnesses and to obtain oral, written, and/or digitally recorded statements from such non-party witnesses;

o The proposer shall have the ability to obtain all relevant contact information from or about such non-party witnesses so they can be called to testify at deposition and/or trial;

• Requests for Investigation Services – Initial and Ongoing Requirements:

o Inception: NJSIG shall contact proposer via telephone and/or email with a request for investigation services, both on new matters and on existing matters for which the proposer has previously provided such services.

Following receipt of such a request, the proposer shall promptly (but no later than two (2) business days thereafter) contact NJSIG via telephone to acknowledge receipt of the request and to discuss the parameters of the assignment. No later than one (1) business day thereafter, the proposer and NJSIG shall memorialize and confirm the parameters of the assignment via email (either the proposer sends the memorializing email and NJSIG confirms, or vice versa). Once the parameters of the assignment have been so memorialized and confirmed, the proposer shall be considered to have received the assignment;

o Initial Report: The proposer shall provide NJSIG with an initial report no more than fifteen (15) days after receipt of the assignment. The initial report shall be delivered to NJSIG via encrypted email and shall include, but not be limited to, the following information:

▪ Date of report;

▪ Identification of the employee(s) who conducted the investigation;

▪ Identification and detailed description of the person(s) investigated;

▪ Detailed description of the assignment parameters;

▪ Itemized description of the services rendered (i.e., dates of service, description of service, hours spent on service, etc.);

▪ Narrative description/summary of the results of the services rendered (i.e., information gathered, observations made, etc.), organized chronologically as necessary, and with appropriate reference to (and attachment of) supporting documentation or other evidence; and

▪ Next steps planned and/or recommended.

o Interim Reports: The proposer shall provide NJSIG with interim reports containing information which is the same as, or similar to, the information contained in the initial report, within seven (7) days of any material change from the previous report.

▪ The interim report shall detail the reasons for the change from the previous report; and

▪ The proposer shall submit additional interim reports containing information which is the same as, or similar to, the information contained in the initial report, at the request of NJSIG;

o Final Report: The proposer shall provide NJSIG with a final report no more than thirty (30) days following the completion of the assignment.

The final report shall contain a final assessment of all of the information required in the initial report and shall be accompanied by copies of all documentation and other evidence gathered during the investigation;

o The proposer must provide a sample initial and/or final report as part of its proposal.

• Additional Obligations:

o In addition to the reports outlined above, at appropriate and/or significant points during the investigation, the proposer shall provide NJSIG with regular updates on the matter, what actions/tasks are pending, the estimated timeframe for completion of the services, etc.;

o The proposer shall evidence a general persistence and determination while providing investigation services on any given matter;

o The proposer shall evidence an ability to work cooperatively with NJSIG to provide and/or recommend investigation services that are both appropriate and consistent with the needs of the matter as determined by

NJSIG;

o The proposer shall maintain confidentiality on all aspects of the investigation services rendered;

o The proposer shall have the ability to assign dedicated lead and support staff to the NJSIG program and shall have sufficient staffing levels to accommodate NJSIG’s needs;

o The proposer shall attend, through its designated representatives, such meetings of NJSIG as may be requested by NJSIG’s Board of Trustees or Claims Department, including but not limited to meetings with doctors/medical providers and outside counsel assigned by NJSIG to represent the NJSIG member in any given matter;

o The proposer shall be able to provide expert testimony as follow-up to any investigation services provided, including at deposition and at any hearing or trial;

o The proposer shall be available to NJSIG via telephone or email, twenty-four hours a day, seven days a week, to receive new assignments;

o Once NJSIG has assigned a claim, the proposer shall provide NJSIG with direct access to the investigator handling the claim, and he or she shall be available to NJSIG for regular consultation via both telephone and email;

o The proposer shall only utilize one (1) investigator on any given matter and shall not utilize two (2) or more investigators on any such matter without prior written approval from NJSIG;

o The proposer shall indicate whether it has the capability to serve NJSIG’s members throughout all twenty-one counties in New Jersey. If the proposer has geographic limitations in terms of where it can provide services, same shall be specified in its proposal;

o The proposer shall indicate whether it has any specialized in-house capabilities or expertise;

o The proposer shall have knowledge of, and maintain compliance with, all relevant New Jersey statutes, rules, and regulations, including the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25, et seq.; and o The proposer shall be solely responsible for complying with all relevant provisions of the Private Detective Act of 1939, N.J.S.A., 45:19-8 et seq., including all regulations promulgated by the Superintendent of the New Jersey State Police pursuant thereto, N.J.A.C. 13:55-1.1 et seq.

▪ To the extent the proposer has the ability to conduct covert surveillance to monitor and digitally record and/or photograph a subject’s movements and actions in any other jurisdiction, the proposer shall be solely responsible for complying with all relevant statutory and regulatory requirements of those jurisdictions which are akin to the Private Detective Act of 1939 and its regulations.

o The proposer shall provide other related services as requested by NJSIG.

All proposers must agree that their proposal conforms to the minimum requirements set forth above.

1.6 Questions Regarding the Requested Proposal

NJSIG will accept questions and inquiries from all potential proposers electronically through www.bidnetdirect.com//njsig.

Questions should be directly tied to the RFP and 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. Proposers are not to contact NJSIG personnel directly, in person, by telephone or by email, concerning this RFP. Answers to questions submitted regarding this RFP, if any, will be posted on the NJSIG e-procurement website at www.bidnetdirect.com//njsig

The due date for the submission of questions relating to this RFP is indicated on the cover sheet. Any questions received after that date will not be accepted.

1.7 Addenda

If it becomes necessary to clarify or revise this RFP, such clarification or revision will be by addendum. Any addendum to this RFP will become part of this RFP and part of any contract awarded because of this RFP. All RFP addenda will be issued via NJSIG’s e-procurement website at www.bidnetdirect.com//njsig, and notification will be published. If an addendum is published after the receipt of a proposal, the proposer will be notified via a method of delivery that provides certification of delivery.

1.8 Proposer Responsibility

The proposer assumes sole responsibility for the complete effort required in submitting a proposal in response to this RFP. No special consideration will be given after proposals are opened because of a proposer’s failure to be knowledgeable as to all the requirements of this RFP.

1.9 Cost Liability

NJSIG assumes no responsibility and bears no liability for costs incurred by a proposer in the preparation and submittal of a proposal in response to this RFP.

1.10 Contents of Proposal

After proposal opening, all information submitted by proposers in response to the proposal 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. Proposals will not be made public until the NJSIG Board of Trustees has awarded a contract.

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

By submitting a proposal in response to this RFP, the proposer waives any claims of copyright protection set forth within the manufacturer’s price list and/or catalogs.

1.11 Price Alteration

Proposal prices must be typed or written in ink. Any price change must be initialed.

Failure to initial price changes shall preclude a contract award from being made to the proposer.

1.12 Proposal Errors

A proposer may request that its proposal be withdrawn prior to proposal opening. Such a request must be made, in writing, to the Director. If the request is granted, the proposer may submit a revised proposal if the proposal is received prior to the announced date and time for proposal opening and at the place specified.

If, after proposal opening but before contract award, a proposer discovers an error in its proposal, the proposer may make written request to the Director for authorization to withdraw its proposal from consideration for award. Evidence of the proposer’s good faith in making this request shall be used in making the determination. The factors that will be considered are that the mistake is so significant that to enforce the contract resulting from the proposal would be unconscionable; that the mistake relates to a material feature of the contract; that the mistake occurred notwithstanding the proposer’s exercise of reasonable care; and that NJSIG will not be significantly prejudiced by granting the withdrawal of the proposal.

All proposal withdrawal requests must include the proposal identification number and the final proposal opening date and sent to the address listed under “Method of Submission of Proposal.”

If, during a proposal evaluation process, an obvious pricing error made by a potential contract awardee is found, the Director shall issue written notice to the proposer. The proposer will have five days after receipt of the notice to confirm its pricing. If the proposer fails to respond, its proposal shall be considered withdrawn, and no further consideration shall be given it. If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing other than a disparity between the unit price and extended price and the proposer’s intention is not readily discernible from other parts of the proposal, the Director may seek clarification from the proposer to ascertain the true intent of the proposal.

1.13 Joint Venture

If a joint venture is submitting a proposal, the agreement between the parties relating to such joint venture must be submitted with the joint venture’s proposal. Authorized signatories from each party comprising the joint venture must sign the proposal.

Separate compliance forms must be supplied for each party to a joint venture (see Bidder’s Checklist, below).

1.14 Definitions

Addendum – written clarification or revision to this RFP issued by NJSIG.

All-Inclusive Hourly Rate – an hourly rate comprised of all direct and indirect costs including, but not limited to: overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.

Amendment – a change in the scope of work to be performed by the contractor. An amendment is not effective until it is signed by the Executive Director, or a Manager of, NJSIG.

Proposer – an individual or business entity submitting a proposal in response to this

RFP.

Contract – this RFP, any addendum to this RFP, and the proposer’s proposal submitted in response to this RFP, as accepted by NJSIG.

Director – Executive Director, NJSIG.

Committee – a committee established by the Director to review and evaluate proposals submitted in response to this RFP and to recommend a contract award to the Director.

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 NJSIG unless there is a change in the scope of work.

Joint Venture – a business undertaking by two or more entities to share risk and responsibility for a specific project.

May – denotes that which is permissible, not mandatory.

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

Request for Proposal (“RFP”) – this document which establishes the proposal and contract requirements and solicits proposals to meet the purchase needs of NJSIG 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 proposal as materially non-responsive.

Should – denotes that which is recommended, not mandatory.

2 Proposal Preparation and Submission

2.1 Method of Submission of Proposal

It is the bidder’s responsibility to ensure that the bid package is uploaded onto NJSIG’s e-procurement site www.bidnetdirect.com//njsig, by the RFP proposal due date and time listed on the cover page. Any bid document received after the deadline established by the NJSIG will not be accepted, regardless of the method of delivery. Proposals shall be labeled as follows:

NJSIG Request for Proposal Number NJSIG-2024-010 New Jersey Schools Insurance Group 6000 Midlantic Drive, Suite 300 North Mount Laurel, NJ 08054

Proposals submitted via any other method will not be accepted.

2.2 Effect of Submission of Proposal

Submission of a proposal will not bind or otherwise obligate NJSIG to retain the proposer.

2.3 Time for Submission of Proposal

To be considered for award, the proposal must be received by NJSIG by the method outlined above and by the RFP proposal due date and time listed on the cover page.

Any proposal not received by the RFP proposal due date and time listed on the cover page will be rejected.

2.4 Mandatory Contents of Proposal

The proposal shall be submitted in one uploaded response.

The contents of the response shall be organized chronologically as follows: Fee Proposal (Section 2.5), Technical Proposal (Section 2.6), Executive Summary (Section 2.6.1), Organization Profile and Experience (Section 2.6.2), Qualifications and Experience (Section 2.6.3), Insurance Requirements Form (Section 2.6.4), and Additional Required Forms (Section 2.6.5 and Bidder’s Checklist).

These required contents are outlined more fully below. They must be complied with in order for the response to be considered responsive to this RFP and complete.

2.5 Fee Proposal

Proposers are invited to submit separate fee proposals based on terms of three, four, and five years (thirty-six, forty-eight, and sixty months).

Proposals shall identify all hourly rates and all flat fees that could apply to work performed under this contract. All hourly rates shall be all-inclusive as defined in Section 1.14. If hourly rates differ based on certain factors (i.e., an investigator’s experience, the size or complexity of a claim, etc.), those factors must be explained in detail in the proposal.

2.6 Technical Proposal

In this section, the organization shall describe its approach and plans for accomplishing the work outlined in the Scope of Work (Section 1.5). The organization must set forth its understanding of the requirements of this RFP and its ability to successfully complete the contract. This Section of the proposal must contain at least the following information:

2.6.1 Executive Summary

An executive summary of not more than three pages identifying and substantiating why the organization is best qualified to provide the requested services.

2.6.2 Organization Profile and Experience

As a minimum, it is preferred the proposer have ten years’ experience providing the type(s) of work outlined in the Scope of Work for public entities in the State of New Jersey. The proposer must demonstrate a high degree of knowledge of the operation of local governmental units in the State of New Jersey. The proposer must also:

• Indicate the date your organization was established, the number of years your organization has been in business under the present name, and the number of years your organization has been under the current management.

• Describe the services provided by your organization.

• Identify the number of employees in your organization. Indicate any special training or experience members of your organization possess that may assist in providing the requested services.

• Describe the participation of women and minorities in your organization. Please note the number of women partners and associates and minority partners and associates and indicate the percentage of your organization that is owned by women and by minorities.

• Provide a description of your organization’s presence in New Jersey. Note the location of each office and the number of employees resident in each office.

• Identify any public entities, boards of education, educational service commissions, charter schools, or other school entities to which your organization has provided services during the last ten (10) years, generally and specifically with respect to each specialty area where consideration is requested.

For each matter, provide the name of the public entity, department or authority, a description of the matter, the dates of engagement and the name and contact information of the public entity employee responsible for overseeing the work of your organization on that matter.

• Describe your organization’s approach and plans for accomplishing the work outlined in the Scope of Work (Section 1.5).

• Describe your organization’s approach to maintaining responsive communication with NJSIG and keeping NJSIG informed of problems and progress.

• Provide a representative listing of your organization’s major private and public sector clients.

• Provide the name, address, telephone number, email address, and facsimile number for the designated contact person in your organization.

• Provide copies of audited financial statements for your organization or other evidence of financial stability of your organization for the past three (3) years.

• Provide proof of appropriate licensing under the Private Detective Act of 1939, as well as licensing in any other jurisdiction in which the proposer has the ability to provide investigation services for NJSIG within the Scope of Work.

2.6.3 Qualifications and Experience

• Please indicate what percentage of your organization’s business is in providing the kind of good(s) or service(s) outlined in the Scope of Work to public entities in the State of New Jersey.

• Describe your organization’s experience in providing the kind of good(s) or service(s) outlined in the Scope of Work to public entities in the State of New Jersey.

• State the qualifications and experience of the employees proposed to staff the work assigned. For each member of your organization that would be involved in handling the work detailed in this request for proposals, provide a detailed resume including information as to:

o Education, including advanced degrees;

o Number of years engaged in the designated practice area;

o General work experience; and o Area(s) of specialization.

• In addition to the above, see also the attached Experience and Qualifications Form, which must be completed as part of any response.

2.6.4 Insurance Requirements Form

By submitting a proposal for consideration, the proposer agrees to have and maintain the insurance set forth in the attached Insurance Requirements Form. The proposer shall complete the Insurance Requirements Form and submit same (including copies of all documents requested therein) with their proposal. All policies, endorsements, certificates, and/or binders shall be subject to approval by NJSIG as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by NJSIG. A lapse in any required coverage during the period of the contract shall be a breach of the contract.

2.6.5 Additional Required Forms

As a school board insurance group, NJSIG is subject to the Public School Contracts Law (“PSCL”), N.J.S.A. 18A:18A-1 et seq., N.J.S.A. 52:25-24.2 (P.L. 1977, c. 33, as amended by P.L. 2016, c. 43), as well as other statutes and regulations governing public contracting in the State of New Jersey. As such, the following compliance information must be included in any contract with NJSIG.

For a summary of the forms required to be submitted by the proposer to NJSIG for this RFP, see Bidder’s Checklist, below.

2.6.5.1 Ownership Disclosure Form

The following requirement is a precondition to entering into a contract with NJSIG.

Under N.J.S.A. 52:25-24.2, “No corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out of any public funds, by the State, or any county, municipality or school district, or any subsidiary or agency of the State, or of any county, municipality or school district, or by any authority, board, or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid, of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth 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. If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation’s stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, as the case may be, shall also be listed. 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 in this act, has been listed.”

Thus, in the event the proposer is a corporation, partnership or limited liability company, the proposer shall complete the attached Ownership Disclosure Form. A current completed Ownership Disclosure Form must be submitted with the proposal.

Failure to do so will preclude the award of a contract.

2.6.5.2 Business Registration

Under N.J.S.A. 52:32-44(b), NJSIG (“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.

Failure to submit a copy of the proposer’s business registration certificate (or interim registration) from the Division of Revenue and Enterprise Services with the proposal may be cause for rejection of the proposal.

Further, 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 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.

Under 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.

2.6.5.3 Disclosure of Investment Activities in Iran and Prohibited Activities in Russia and Belarus

Under N.J.S.A. 18A:18A-49.4 and -49.5, N.J.S.A. 52:32-55 et seq., N.J.S.A. 52:32-60.1 et seq., and Local Finance Notice 2024-04, the proposer must certify as follows:

1. That neither the proposer, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-56(e)(3)), is identified on the Chapter 25 List promulgated by the State of New Jersey, Department of the Treasury, as a person or entity engaging in investment activities in Iran; and

2. That neither the proposer, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-60.1(e)(3)), appears on the Specially Designated Nationals and Blocked Persons List (“SDN List”) promulgated by the United States Department of the Treasury, Office of Foreign Assets Control, on account of activity relating to Russia or Belarus.

Chapter 25 List: http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

SDN List: https://sanctionssearch.ofac.treas.gov/

The required forms are attached and must be completed and submitted prior to contract award or authorization.

2.6.5.4 Mandatory Equal Employment Opportunity Language

Proposers are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. (P.L.

1975, c. 127) and N.J.A.C. 17:27 (mandatory equal employment opportunity language for goods, professional service, and general service contracts).

During the performance of this contract, and as required under N.J.A.C. 17:27-3.5(a)(2), the contractor agrees as follows:

i. 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, affectional 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, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 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.

ii. 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.

iii. 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.

iv. 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.

During the performance of this contract, and as required under N.J.A.C. 17:27-3.7(a), the contractor further agrees as follows:

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

17:27-5.2.

ii. 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.

iii. 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.

iv. 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.

As required under N.J.A.C. 17:27-3.5(a)(1), 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:

1. Letter of Federal Affirmative Action Plan Approval;

2. Certificate of Employee Information Report Approval; or

3. Employee Information Report (Form AA302) electronically provided by the Division of Purchase and Property established in the State of New Jersey, Department of the Treasury, and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance.

As required under N.J.A.C. 17:27-11.1, the contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase and Property, CCAU, EEO Monitoring Program as may be requested 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 and Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-10.

2.6.5.5 Additional Mandatory Anti-Discrimination Language

Proposers are required to comply with the requirements of the New Jersey Law Against Discrimination (“NJLAD”) and the Americans with Disabilities Act of 1990 (“ADA”).

NJLAD:

During the performance of this contract, and as required under N.J.S.A. 10:2-1, the contractor agrees as follows:

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;

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;

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

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.

ADA:

The CONTRACTOR and NJSIG do hereby agree that the provisions of Title 11 of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. 12101 et seq., which prohibits discrimination based on 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 act, benefit, or service on behalf of NJSIG pursuant to this contract, the CONTRACTOR agrees that the performance shall be in strict compliance with the ADA. If 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 NJSIG in any action or administrative proceeding commenced pursuant to the ADA. The CONTRACTOR shall indemnify, protect, and save harmless NJSIG, 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 NJSIG grievance procedure, the CONTRACTOR agrees to abide by any decision of NJSIG which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against NJSIG or if NJSIG must incur any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense.

NJSIG 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 NJSIG or any of its agents, servants, and employees, NJSIG shall expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice, summons, pleading, or other process received by NJSIG or its representatives.

It is expressly agreed and understood that any approval by NJSIG 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 NJSIG pursuant to this paragraph.

It is further agreed and understood that NJSIG assumes no obligation to indemnify or save harmless the CONTRACTOR, its agents, servants, employees, or subcontractors for any claim which may arise out of their performance of this contract. 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 contract, nor shall they be construed to relieve the CONTRACTOR from any liability, nor preclude NJSIG from taking any other actions available to it under any other provisions of the contract or otherwise at law.

2.6.6 Disclosure Statement on Political Contributions

Proposer is advised of their responsibility to file an annual disclosure statement on political contributions with the…