NJSIG-2024-011 - Actuarial 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-2024-011

For: Actuarial Consulting Services

Event Date

RFP posted: March 3, 2025

Questions regarding the RFP due: March 18, 2025

Answers regarding the RFP posted: April 1, 2025

RFP proposal due date and time: April 8, 2025 at 10:30 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 8, 2025 at 10:30 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-2024-011 Actuarial 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 3, 2025 Sean Canning, QPA, MPA Qualified Purchasing Agent

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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 Minimum Qualifications, Organization Profile, and

Experience

2.6.3 Insurance Requirements Form

2.6.4 Additional Required Forms

2.6.4.1 Ownership Disclosure Form

2.6.4.2 Business Registration

2.6.4.3 Disclosure of Investment Activities in Iran and

Prohibited Activities in Russia and Belarus

2.6.4.4 Mandatory Equal Employment Opportunity Language

2.6.4.5 Additional Mandatory Anti-Discrimination Language

2.6.5 Disclosure Statement on Political Contributions

2.6.6 Record Retention

3 Special Contractual Terms and Conditions

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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 organizations interested in assisting NJSIG with various actuarial analyses of its loss experience. NJSIG intends to select and retain a qualified and experienced actuarial consulting firm that can provide such assistance within the Scope of Work described below. Your organization is invited to submit a proposal for this professional services contract, which will commence on July 1, 2025, and terminate on June 30, 2026.

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.

1.2 Organizational Background

NJSIG is a school board insurance group, also known as a governmental risk pool, established in accordance with N.J.S.A. 18A:18B-1 et seq., and N.J.A.C. 11:15-4.1 et seq., that provides insurance coverage, claims administration, underwriting, 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. By joining NJSIG, which is a public entity, members collectively attain benefits not possible individually and pool their premiums into a common fund to be used for the benefit of all members.

Established in 1983, NJSIG is currently comprised of about three hundred and sixty-three boards of education and charter school districts throughout New Jersey. NJSIG offers members a cost-effective method of obtaining coverage for all property and casualty lines, such as: 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’s plan of risk management, which describes NJSIG’s program structure by line of coverage, can be found here.

With respect to the workers’ compensation (WC) line of coverage, NJSIG is composed of seven geographical sub-funds. These sub-funds were created in 1998 to foster greater accountability and participation among WC members and garner discounts through regional pooling and risk management education. Because sub-fund members share in a single workers’ compensation discount rate, they have a vested interest in the success of their sub-fund as a whole. For that reason, sub-fund members participate in risk management and loss control training at the sub-fund level, which helps to reduce losses and premiums. Each sub-fund is administered by an insurance brokerage firm that specializes in school insurance and risk management, and that brokerage firm acts as an extension of NJSIG in administering each of the NJSIG sub-funds. Membership in a sub-fund is determined at NJSIG’s sole discretion, in accordance with NJSIG’s bylaws and plan of risk management. While sub-fund members share in a single workers’ compensation rate, these sub-funds are not separately incorporated entities. More information on NJSIG’s sub-funds can be found here.

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.

1.3 Background for Requested Proposal

NJSIG is seeking an actuarial firm with experience working with school board insurance groups and/or joint insurance funds in New Jersey, to provide analyses of NJSIG’s net liabilities, provide recommendations on rate levels, opine on general liability and auto liability (GL/AL) experience ratings, and provide actuarial opinions on budgeted loss and allocated loss adjustment expense (ALAE).

1.4 RFP Objective

NJSIG’s objective with this RFP is to identify, select, and retain a qualified actuarial consulting firm that can assist NJSIG with various actuarial analyses within the Scope of Work described below.

1.5 Scope of Work

In accomplishing its work, NJSIG requires assistance from a qualified and experienced actuarial consulting firm that can provide various actuarial analyses of its loss experience. At a minimum, proposers must be able to provide the following:

The proposer shall conduct analyses and provide timely reports on the following topics on or about the dates indicated:

o August 4, 2025: net liabilities analysis as of June 30, 2025 o December 8, 2025: rate level analysis for the July 1, 2026 – June 30, 2027 fund year https://www.njsig.org/sub-fund-overview o December 8, 2025: GL/AL experience rating plan for the July 1, 2026 – June 30, 2027 fund year o June 5, 2026: actuarial opinion on budgeted loss and allocated loss adjustment expense (ALAE) for the July 1, 2026 – June 30, 2027 fund year

These analyses and reports shall be based on the following data provided by

NJSIG:

o Gross and net earned premium for the July 1, 2025 – June 30, 2026 fund year, by coverage and member;

o Historical exposures by fund year, coverage, and member, e.g., payroll (professional vs. non-professional), TIV (inland vs. coastal), ADA, vehicles (type and cost);

o Deductibles for the July 1, 2025 – June 30, 2026 fund year, by coverage and member;

o Experience modification factors for the July 1, 2025 – June 30, 2026 fund year for AL and GL, and for the July 1, 2026 – June 30, 2027 fund year for WC, by member;

o Underwriting debits and credits for the July 1, 2025 – June 30, 2026 fund year, by coverage and member;

o Claims detail by fund year, coverage, and member, including recoveries (salvage, subrogation, and reinsurance) – as of June 30, 2025 for the net liabilities analysis and as of September 30, 2025 for the rate level analysis;

o Historical claims detail for development triangles;

o Sub-fund allocations by member;

o Property inland vs. coastal allocations by member;

o Minimum premium by coverage;

o Rates for all coverages for the July 1, 2025 – June 30, 2026 fund year;

o Deductible factors for all coverages for the July 1, 2025 – June 30, 2026 fund year;

o NJCRIB 8868 Professional and 9106 Non-Professional class code rates and benefit level changes effective January 1, 2026;

o Expense budget for the July 1, 2026 – June 30, 2027 fund year, including sub-fund administration fees;

o Estimated WC reinsurance cost for the July 1, 2026 – June 30, 2027 fund year;

o Selected sub-fund stabilization fund usage for the July 1, 2026 – June 30, 2027 fund year;

o Selected rate changes by coverage for the July 1, 2026 – June 30, 2027 fund year;

o NJSIG retained limits, loss and ALAE treatment, and deductible treatment by coverage;

The proposer shall make two (2) presentations before NJSIG’s Board of Trustees: one in October 2025 to discuss the results of the Net Liabilities Report, and one in March 2026 to discuss the results of the Rate Level Report. (Precise dates to be determined at NJSIG’s June 11, 2025 Board of Trustees Meeting.);

The proposer shall attend, through its designated representatives, such additional meetings of NJSIG as may be requested by NJSIG’s Board of Trustees or Executive Director;

The proposer shall provide additional actuarial consulting services on request, such as retention analysis and surplus modeling;

The proposer shall work cooperatively with NJSIG leadership and staff and maintain confidentiality on all aspects of the actuarial consulting services rendered;

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;

The proposer shall have knowledge of, and maintain compliance with, all relevant New Jersey statutes, rules, and regulations, including but not limited to the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25, et seq., and the legal framework governing school board insurance groups, N.J.S.A. 18A:18B-1 et seq., and N.J.A.C. 11:15-4.1 et seq.;

All such deliverables shall be presented in a clear and accessible manner, ensuring they are easily understood by individuals without an actuarial background.

By submitting a proposal, all proposers 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-2024-011 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), Minimum Qualifications, Organization Profile, and Experience (Section 2.6.2), Insurance Requirements Form (Section 2.6.3), and Additional Required Forms (Section

2.6.4 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

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 employee’s experience, the size or complexity of an analysis or assignment, etc.), those factors must be explained in detail in the proposal.

2.6 Technical Proposal

In this section, the organization shall provide NJSIG with a detailed description of 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 Minimum Qualifications, Organization Profile, and Experience

Proposers shall demonstrate they meet the following minimum qualifications:

o The proposer shall be a Fellow in good standing of the Casualty Actuarial Society with three (3) years recent experience in loss reserving and rate making or an Associate in good standing of the Casualty Actuarial Society with five (5) years recent experience in loss reserving and rate making;

o The proposer shall have at least ten (10) years’ experience providing actuarial consulting services, including the deliverables outlined in the Scope of Work, for similarly situated governmental risk pools and/or self-insured governmental entities; and o The proposer shall be familiar with all applicable regulations of the New

Jersey Department of Banking and Insurance; workers’ compensation, liability, and property matters involving New Jersey public entities; and financial management of joint insurance funds (including budgeting, assessments, reporting, and accounting).

Proposers shall also provide the following information:

o Indicate the name of the organization (including any trade names), the date the organization was established, the number of years the organization has been in business under the present name, and the number of years the organization has been under the current management;

o Complete the attached “Data Form” for each senior officer and director, as required by the New Jersey Department of Banking and Insurance pursuant to N.J.A.C. 11:15-4.6(d)(8);

o Describe the services provided by the organization;

o Provide a representative listing of the organization’s major private and public sector clients;

o Indicate what percentage of the organization’s business has been in providing actuarial consulting services, including the deliverables outlined in the Scope of Work, for governmental risk pools and/or self-insured governmental entities during the past ten (10) years;

o Identify all governmental risk pools and/or self-insured governmental entities for which the organization has provided actuarial consulting services, including the deliverables outlined in the Scope of Work, during the past ten (10) years. For each matter, provide the name and size of the pool or entity, the dates of engagement, a description of the matter and the work performed, and the name and contact information of the employee responsible for overseeing the organization’s work on that matter;

o Describe the organization’s presence in New Jersey, noting the principal place of business, the location of each other office (if any), and the location(s) where services will be provided;

o Identify the current number of employees in the organization and state the number of employees resident in each office;

o State the names, titles, education, qualifications, and experience of the employees proposed to staff the work assigned. For each employee that would be involved in handling the work detailed in this request for proposals, provide a detailed resume, including information as to:

Education, including advanced degrees;

Number of years engaged in the designated practice area;

General work experience;

Any necessary professional license or certification;

Any special training or experience that may assist in providing the requested services; and

Area(s) of specialization.

o Describe in detail the organization’s approach and plans for accomplishing the work outlined in the Scope of Work;

o Describe the organization’s approach to maintaining responsive communication with NJSIG and keeping NJSIG informed of problems and progress;

o Provide the name, address, telephone number, email address, and facsimile number for the designated contact person in the organization;

o Provide copies of audited financial statements for your organization or other evidence of financial stability of your organization for the past three (3) years; and o Complete the attached Experience and Qualifications Form.

2.6.3 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.

2.6.4 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.

2.6.4.1 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.

2.6.4.2 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.

2.6.4.3 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.

2.6.4.4 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.

2.6.4.5 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.

2.6.5 Disclosure Statement on Political Contributions

Proposer is advised of their responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-20.27 (P.L. 2005, c. 271, s. 3) if the proposer receives contracts in excess of $50,000 from public entities in a calendar year. It is the proposer’s responsibility to determine if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

2.6.6 Record Retention

Pursuant to N.J.A.C. 17:44-2.3, proposers shall maintain all documentation related to the products, transactions, or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller on request.

3 Special Contractual Terms and Conditions

The language in Exhibit A (attached) shall be included in all contracts with NJSIG.

The provisions of Exhibit A are not negotiable, and by submitting a proposal, the proposer consents to the inclusion of those terms in any contract between the proposer and NJSIG. Additionally, all portions of this RFP and the proposer’s response shall be considered part of any contract between the proposer and NJSIG and shall be incorporated by reference therein.

4 Proposal Evaluation

4.1 Selection Criteria

NJSIG will evaluate each proposal submitted and at its discretion. NJSIG will award the contract to the proposer or proposers that provide(s) the proposal found to be the most advantageous to NJSIG, all things considered including price and costs. NJSIG reserves the right to reject any or all proposals and to waive immaterial formalities.

NJSIG also reserves the right:

To reject, for any reason, any and all proposals and components thereof and to eliminate any and all proposers responding to this RFP from further consideration for this Project.

To eliminate any proposer who submits an incomplete or inadequate proposal or is not responsive.

To reject all proposals or any non-responsive proposals.

To supplement, amend, or otherwise modify this RFP.

To waive any technical, or other, non-conformance of the responses, whether material or otherwise.

To change or alter the schedule for any events called for in this RFP.

To conduct investigations of any or all proposers and their responses as is deemed necessary or convenient, to clarify the information provided as part of the proposal, including discussions with contact persons of prior clients, regulatory agencies and visits to any facilities or projects referenced in its response, and to request additional information to support the information included in any response.

To decline to award any contract for any purpose.

To abandon this procurement process at NJSIG’s convenience at any time for any reason.

To accept the proposal that, in NJSIG’s sole judgment, best serves the interest of and/or is most advantageous NJSIG based on the criteria set forth in this proposal.

To consider and to award a proposal to a public body under applicable law.

To designate or consult with another agency, group, consultant, individual, or public body to act at any time during the term of this procurement process in its place or on its behalf.

To award any contract subject to final adoption of all necessary authorizations.

Any other right afforded NJSIG under the law.

The organizations submitting proposals will be evaluated based on each individual proposal submitted based on the criteria set forth below. Proposers may be requested to make oral presentations to NJSIG. If requested to make a presentation, each organization’s proposed project manager must take part in the presentation. However, NJSIG may award based on the initial proposals received without discussion with the proposers. If oral presentations are required, they will be scheduled after the submission of proposals. Proposers will not be compensated for making the presentation.

Each proposal must satisfy the objectives and requirements detailed in this RFP. The features of the proposal, considered together with its economic and other benefits, will form the basis for the evaluation process. The criteria for the evaluation process are weighted and are as follows:

Criteria Weight, %

Technical Criteria

1. Technical Criteria

a. Does the proposer’s proposal demonstrate a clear understanding of the scope of work and related objectives?

b. Is the proposer’s proposal complete and responsive to the specific RFP requirements?

c. Has the past performance of the proposer’s proposed methodology been documented?

d. Does the proposer’s proposal use innovative technology and techniques?

e. Are sound environmental practices such as recycling, energy efficiency, and waste reduction used?

35%

Management Criteria

35%

1. Project management:

a. How well does the proposed scheduling timeline meet the contracting unit’s needs?

b. Is there a project management plan?

2. History and experience in performing the work:

a. Does the proposer document a record of reliability of timely delivery and on-time and on-budget implementation?

b. Does the proposer demonstrate a track record of service as evidenced by on-time, on-budget, and contract compliance performance?

c. Does the proposer document industry or program experience?

d. Does the proposer have a record of moral integrity?

3. Availability of personnel, facilities, equipment and other resources:

a. To what extent does the proposer rely on in-house resources vs. contracted resources?

b. Are the availability of in-house and contract resources documented?

4. Qualification and experience of personnel:

a. Documentation of experience in performing similar work by employees and when appropriate, sub-contractors?

b. Does the proposer make use of business capabilities or initiatives that involve women, the disadvantaged, small and/or minority owned business establishments?

c. Does the proposer demonstrate cultural sensitivity in hiring and training staff?

Cost Criteria

30%

1. Cost of goods to be provided or services to be performed:

a. Relative cost: How does the cost compare to other similarly scored proposals?

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

2. Assurances of performance:

a. If required, are suitable bonds, warranties, or guarantees provided?

b. Does the proposal include quality control and assurance programs?

3. Proposer’s financial stability and strength:

a. Does the proposer have sufficient financial resources to meet its obligations?

4.2 Evaluation Committee

NJSIG will convene an evaluation committee to evaluate…