REVISED T2590 Bid Solicitation~1.docx

Bid Solicitation #

25DPP01060

T2590 – Fiscal Agent for the Division of Mental Health and Addiction Services (DMHAS)

Due Date For Electronic Questions Refer to Bid Solicitation Section 2.1 for more information.

Optional Pre-Quote Submission Conference Refer to Bid Solicitation Section 2.5 for more information.

Mandatory/Optional Site Visit Refer to Bid Solicitation Section 2.4 for more information.

NOT APPLICABLE

Quote Opening Date Refer to Bid Solicitation Section 3 for more information.

Dates are subject to change. All times contained in the Bid Solicitation refer to Eastern Time.

All changes will be reflected in Bid Amendments to the Bid Solicitation posted on www.njstart.gov.

SET-ASIDES

Small Business Set-Aside For Goods and Services:

☒ I ☒ II ☒ III

For Construction:

☐ IV ☐ V ☐ VI

☐ Not Applicable ☐ Entire Contract ☐ Partial Contract ☒ Subcontracting Only ☐ Preference

☐ Entire Contract ☐ Partial Contract ☐ Subcontracting Only ☐ Preference

Bid Solicitation Issued By:

State of New Jersey Department of the Treasury Division of Purchase and Property Trenton, New Jersey 086250230 On Behalf of:

State of New Jersey Department of Human Services (DHS) Division of Mental Health and Addiction Services (DMHAS)

Date: 12/13/2024

TABLE OF CONTENTS

ATTACHMENT 1 – State of New Jersey Standard Terms and Conditions (2/8/2024) ATTACHMENT 2 – Standard Procurement Forms Packet ATTACHMENT 3 – State-Supplied Price Sheet

Contract-Specific Exhibits

Exhibits 1A - 1L – SUD FFS Enhancement Authorization Parameters Exhibits 2A - 2S – SUD FFS ASAM Core LOC Authorization Parameters Exhibit 3 – ASAM Core LOC Service Descriptions - Annex A1 Exhibit 4 – Funding Initiatives Descriptions - Annex A2 Exhibit 5 – Enhancement Services Packages Descriptions - Annex A3 Exhibit 6 – Service Rates, Units, Modalities-Types, and CPT Codes Exhibit 7 – System Flow for DMHAS SUD FFS Initiatives (Figure) Exhibit 8 – Funding Initiative Service Package Flowchart ii

INTRODUCTION AND SUMMARY OF THE BID SOLICITATION

This Bid Solicitation is issued by the Department of the Treasury, Division of Purchase and Property (Division), Procurement Bureau, on behalf of New Jersey Department of Human Services (DHS) Division of Mental Health and Addiction Services (DMHAS). Quotes submitted in response to this Bid Solicitation shall be through the State of New Jersey’s eProcurement system, NJSTART. Bidders are advised to thoroughly read all sections of this Bid Solicitation and follow all instructions.

Bidders are strongly encouraged to visit the NJSTART Vendor Support Page, which contains Quick Reference Guides (QRGs), supporting videos, a glossary of NJSTART terms, and helpdesk contact information. Bidders should utilize the QRGs before attempting to submit a Quote through NJSTART. It is the Bidder’s responsibility to ensure that the Quote and attachments have been properly submitted. Inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov. The Division will not respond to substantive questions related to the Bid Solicitation or any other Contract via this email address.

1.1 PURPOSE AND INTENT

The purpose of this Bid Solicitation is to solicit Quotes for a Contractor to act as a Fiscal Agent to manage Authorization Authority for multiple separate Funding Sources (FS), create programming of benefit packages for Substance Use Disorder (SUD) treatment and Enhancement Services, accepts transmission of Provider Agency credentialing data, process claims, make payments, issue 1099s to network Provider Agencies, track service utilization Client data, and produce reports that will serve the DMHAS SUD Fee for Service (FFS) Initiatives network. The awarded Contractor will need to work with the current Contractor and DMHAS to transition the existing fiscal intermediary processes into the replacement Fiscal Agent System (System) that shall be developed.

It is the intent of the State of New Jersey (State) to award a Contract to that responsible Bidder whose Quote, conforming to this Bid Solicitation is most advantageous to the State, price and other factors considered. The State may award any or all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Contract during the Contract term, when deemed by the Director of the Division (Director) to be in the State’s best interest.

The State of New Jersey Standard Terms and Conditions (SSTCs) included with this Bid Solicitation will apply to all Contracts made with the State. These terms are in addition to the terms and conditions set forth in this Bid Solicitation and should be read in conjunction with them unless the Bid Solicitation specifically indicates otherwise.

1.2 BACKGROUND

This is a reprocurement of the services under 20-TELE-01314/T2590 Fiscal Agent for the Division of Mental Health and Addiction Services. Bidders interested in reviewing the expiring current Contract’s specifications and pricing information may do so by following the instructions below. Bidders should not rely upon or use data or information from the expiring Contract when preparing a response to this Bid Solicitation as this Bid Solicitation addresses the State’s current requirements.

· Go to: www.njstart.gov

· Select “Active Blankets”

· In the search bar, select “Blankets” from the drop down menu

· Enter T2590 and click “”

· The expiring Contract list will appear under “Results”

The DMHAS currently has a Contract for a web-based system that acts as an intermediary to process claims, collect service utilization Client data, and generate reports. The Fiscal Agent also makes electronic payments and issues 1099s to DMHAS-contracted Provider Agencies that provide SUD treatment and Enhancement Services for claims in separately-funded programs in the DMHAS SUD FFS Initiatives network. Each of these programs, or /Initiatives, has specific requirements defined by the FS that identifies the criteria for the Provider Agencies to participate, the eligibility of the Clients to receive funded services, and the composition of benefit packages of available treatment and services. The State may add, modify, or terminate Initiatives and benefit packages as necessary during the course of the Contract based on funding availability (as provided by the DMHAS Fiscal Office) and other factors. The current SUD FFS Initiatives network includes the following Funding Initiatives:

1. DMHAS Addiction Services (DAS) Contract for Co-occurring Services;

2. Driving Under the Influence Initiative (DUII);

3. Interim Services Initiative (ISI);

4. Medication-Assisted Treatment Initiative (MATI);

5. Mutual Agreement Program with State Parole Board (MAP/SPB);

6. New Jersey Statewide Initiative (NJSI);

7. Recovery Court Programs:

A. Recovery Court Initiative (RCI) Fee for Service;

B. Recovery Court Contract (RCC) for Enhancement Services supplementing Recovery Court Cost-based Contracts only; and, C. Recovery Court Efficiency (RCE) for psychoeducation and Enhancement Services for Recovery Court Medicaid-covered Clients only;

8. State Hospital Addictions Recovery and Education (SHARE);

9. South Jersey Initiative (SJI); and

10. Substance Abuse Prevention & Treatment Initiative (SAPTI).

The DMHAS approves Provider Agencies to serve Clients in each of the Funding Initiatives through its network application process as this process is outside of the scope of this Bid Solicitation. As of February 1, 2024, 142 licensed SUD treatment Provider Agencies operating across 260 separate licensed Sites served individuals in New Jersey through the SUD FFS Initiatives. There are currently approximately 1075 active users using the SUD FFS System.

Claim volume in the State’s fiscal year (SFY) is as follows:

SFY 2020 – 315,433 with 6.3% denied.

SFY 2021 – 455,606 with 6.20% denied.

SFY 2022 – 527,846 with 10.98% denied.

SFY 2023 – 556,054 with 8.56% denied.

Lower Claim volume for both SFY 2020 and SFY 2021 were due to COVID-19 State of Emergency because individual Claims were processed during only 9 months (rather than 12 months) during these two SFY periods.

It is noted that the State does not anticipate significant changes in annual, 12-month Claims volume during the Contract term.

Each Funding Initiative has a separate budget or Authorization Authority for the term of one SFY (July 1 – June 30). The total amount of funding available to support these Initiatives was $44,116,665 in SFY21, $47,475,098 in SFY22, $48,709,183 in SFY23, and $52,980,981 in SFY24. The amount of funding may vary from year to year based on available State, federal, and other resources. Funding amounts may also be adjusted within a given SFY based on available resources as informed by the Division’s Fiscal Office.

DMHAS SUD FFS INITIATIVES PROGRAM Description:

The DMHAS SUD System offers reimbursement for American Society of Addiction Medicine (ASAM) Levels of Care (LOC) treatment and Enhancement Services. Exhibit 3 - ASAM Core LOC Services Descriptions - Annex A1 shows the Core LOCs for which DMHAS reimburses through contracts with Provider Agencies in the current SUD System, as follows:

Core LEVELS OF CARE (LOC)

· Outpatient (OP)

· Methadone Outpatient Services (MOP)

· Ambulatory Withdrawal Management (Level 2 AWM)

· Intensive Outpatient (IOP)

· Partial Care (PC)

· Halfway House (HWH)

· Long Term Residential (LTR)

· Short Term Residential (STR)

· Inpatient Withdrawal Management (IWM)

The Funding Initiatives, Program Initiatives, or Initiatives, see Exhibit 4 - Funding Initiatives Descriptions - Annex A2, shows the Initiatives which also allow Provider Agencies to bill for Assessment, with the exception of Recovery Court Programs and Interim Services Initiative. Assessment is treated as a Core LOC Service. In addition, based on Clients’ individual treatment needs, approved Provider Agencies are able to seek reimbursement, within certain Parameters, for the following Enhancement Services Packages. Exhibit 5 - Enhancement Services Packages Descriptions - Annex A3 gives the service definitions for the Enhancement Services that are offered to eligible Provider Agencies.

These Enhancement Services Packages, see Exhibits 1A - 1L SUD FFS Enhancement Authorization Parameters, offer one (1) or more discrete Enhancement Service, or Enhancements, within each package that may be added to Core LOC Service Packages. Enhancement Services are intended to augment the Core LOC Services, except Assessments. Enhancement Services Packages and discrete Enhancement Services may be added, modified, or cancelled during the term of the Contract.

Categories of Enhancement Services Packages are as follows:

· Clinical Review;

· Co-occurring Services;

· Co-occurring Medication Monitoring; Psychiatric Evaluation;

· Interim Services;

· Medication Assisted Induction/Stabilization (Methadone);

· Medication Assisted Maintenance (Methadone);

· Recovery Support;

· Medical Services; and

· Buprenorphine, Naloxone, and Vivitrol Packages.

Authorization:

Clients receive treatment either through a referral from the Interim Managing Entity (IME), an Initiative referral source, or directly at a licensed SUD treatment Provider Agency. Eligibility for funding through the SUD FFS Initiatives is based on clinical determination, program criteria, and income eligibility. The Provider Agency utilizes the DMHAS Addiction Services Income and Program Eligibility (DASIE) tool in the New Jersey Substance Abuse Monitoring System (NJSAMS) to collect the Client information that is used to determine their program and income eligibility. Other NJSAMS modules, i.e. DSM Module, LOCI and admission modules, are used to determine clinical need.

An Authorization is approval to access funds for reimbursement of Assessments, treatment, and Services rendered to an eligible Client. It is generated in NJSAMS prior to Services being rendered for a Client’s anticipated Service needs based upon the Client’s treatment needs in the ASAM Levels of Care. Once the Authorization is generated in NJSAMS, the System automatically encumbers the funds required for each Service in the Authorization in the appropriate Funding Source or Initiative. The Provider Agency is able to add Enhancement Service Packages to the Authorization in NJSAMS between the start and end dates of an active Authorization, which add to the Encumbrance value of the Authorization.

A request for Assessment Authorization and/or Core LOC Services Authorization is transmitted by the Provider Agency to the IME through NJSAMS for Managed Initiatives after NJSAMS determines the Client is financially and programmatically eligible and the Provider Site is approved for the requested Funding Source or Initiative. If the Client and the Provider Site passes in NJSAMS, then the IME determines if New Client Admission Limits are available for the requested Initiative and the Client meets clinical criteria for the requested Authorization. If these conditions are met, the IME will approve the Authorization request for the specific Client at a specific Provider Agency Site. For Unmanaged Initiatives, the Provider Agency is able to secure an Authorization through NJSAMS without IME review. In Managed and Unmanaged Initiatives, Enhancement Service Packages may be added to the Core LOC Services Authorizations to supplement the LOC Services through NJSAMS.

The Parameters passed from NJSAMS to the Fiscal Agent's system via web services for Authorizations include:

A. Client Identifiers:

· Client ID (unique alphanumeric Client ID)

· Social Security Number (Nine-digit number);

· Full name (first and last names as separate fields);

· Date of Birth (mm/dd/yyyy);

B. Provider Information:

· Licensed Site ID

C. Request for Core LOC Services:

· Requested Service start date;

· Initiative;

· Core LOC Service Package requested;

D. After securing Core LOC Package Authorization, request for Enhancement Services Packages:

· Enhancement Services Packages requested

If all conditions pass, an Authorization ID number is generated by the Fiscal Agent's system and returned to NJSAMS using a Real-Time Interface for both Managed and Unmanaged Initiatives. This Authorization ID is used by the Provider Agency to add Enhancement Services Packages in NJSAMS and to submit claims electronically in the Fiscal Agent’s system. As Clients continue in treatment, new Authorizations must be secured for Continuing Care, allowing the Client to continue in treatment after the initial Authorization expires.

Cancelling an Authorization A Client discharge in NJSAMS will cancel an Authorization automatically. When a Provider Agency cancels or ends an Authorization, the Provider Agency will enter the end date and reason for cancellation into NJSAMS. NJSAMS will then send the end date and reason to the Fiscal Agent's system via a web service call from NJSAMS. The Fiscal Agent system automatically replies to NJSAMS indicating whether the request was successful or not. If successful, the Fiscal Agent system will end the Authorization and prorate the Authorization value from the start date to the new end date of the Authorization based on the original value of the Authorization.

Common reasons for cancellation or ending the Authorization early include, but are not limited to: data entry error, treatment completed, and treatment needs have changed. Untimely billing or lack of billing on an Authorizations will cause the Authorization to cancel for Zero and Partial Utilization.

Summary of Benefits The System calculates the number of units of Core LOC Services claimed for each Client within the SFY term (July 1 – June 30) and the number of units remaining for Initiative that have Annual Client Limits.

Utilization Management (UM) The DMHAS is able to update on a monthly basis the New Client Admission Limits for all LOCs within each Initiative. The purpose is to control the entry of new Clients admitted each month to ensure adequate funding is available for existing Clients admitted to treatment to continue to receive services. The Fiscal Agent system provides a real-time report of available New Client Admission Limits for each Initiative, which is accessible to the DMHAS and Provider Agencies. The DMHAS provides the New Client Admission Limits to the IME.

Provider Credentialing The Fiscal Agent System accepts a data transmission from DMHAS through NJSAMS Provider Management Information System (PMIS). The PMIS transmission contains all relevant Provider Agency data to validate approvals for network participation based on Agency-specific and Site-specific contract approval. The data includes Provider Agency federal ID number, Site license numbers, and approved/contractually authorized Initiatives, Core LOC Services and Enhancement Services Packages. The data is transmitted to the Fiscal Agent at scheduled intervals no less than monthly and/or whenever there are updates/changes to the Provider Agency information data tables.

System Flow for DMHAS SUD FFS Initiatives The flowchart, Exhibit 7 - System Flow for DMHAS SUD FFS Initiatives (Figure), illustrates the NJSAMS system flow for the DMHAS SUD FFS Initiatives Network to the Fiscal Agent for Authorizations.

Service Packages Each ASAM LOC is associated with one Core LOC Service Package. A Core Service Package is a collection of services that is requested based on the Client’s assessed treatment needs. The Provider Agency requests an Authorization for a Core LOC Service Package that best suites the Client’s clinical needs.

The dollar value of an Authorization is based on anticipated services needed to meet the Client’s needs and has a maximum monthly cap. The Authorization is obtained based on various Parameters along with the selected LOC. Once an Authorization is generated based on the LOC, the Provider Agency is authorized to render services offered in the Core LOC Service Package. Based on the Client's needs, a Provider Agency is able to revise the total value of the Authorization as long as the Client remains in the same LOC. If the Client’s LOC needs to be changed, the Client’s LOC must be updated in NJSAMS by discharging the Client from one LOC and admitting the Client to another LOC.

When the Client is discharged from a LOC, the Authorization will be cancelled. The Provider Agency must submit a request for a new Authorization under the new LOC. The Provider Agency may add one or more Enhancement Services Packages to the Core LOC Service Package based on need. An example is presented for the Recovery Court Initiative in Exhibit 8 - Funding Initiative Service Packages Flowchart. For detailed Core LOC Service Packages and Enhancement Services Packages, including daily, weekly, monthly, and Annual Client Limits, where applicable, see Exhibits 1A - 1L SUD FFS Enhancement Authorization Parameters and Exhibits 2A – 2S SUD FFS ASAM Core LOC Authorization Parameters.

Service Parameters, see Exhibit 6 Service Rates, Units, Modalities/Types and CPT Codes.

Service Parameters for each Core LOC Service, Enhancement Services, and Assessment have the following specific components:

· Service - name by which a Service is identified in the DMHAS SUD FFS Contract and Fiscal Agent system;

· Rate - amount to be reimbursed per unit billed;

· Unit - measurement by which the service is delivered (e.g. “per diem,” “15 minutes,” “per injection,” “weekly bundle”);

· Modality/Type - identifies the category of Service Package it is assigned--Core Services, Enhancement Services, or Assessment; and

· CPT Code - alphanumeric identifier assigned to each Service or multiple similar Services.

New Jersey Substance Abuse Monitoring System (NJSAMS) NJSAMS was developed to provide information on SUD treatment admissions at licensed SUD Provider Agencies throughout New Jersey. All New Jersey SUD treatment facilities are required by regulation to enter treatment admissions and discharges in NJSAMS. The recent number of admissions recorded per SFY were as follows:

· 85,394 admissions in SFY 2021;

· 87,488 admissions in SFY 2022,and;

· 85,028 admissions in SFY 2023.

The U.S. Substance Abuse and Mental Health Services Administration (SAMHSA), Center for Substance Abuse Treatment (CSAT) requires reports of outcomes on all Substance Use Prevention, Treatment and Recovery Services (SUPTRS) Block Grant-funded treatment episodes. NJSAMS is the primary source of information on SUD treatment in New Jersey for State, Federal, County and local reporting needs. It is also the system through which Provider Agencies who participate in DMHAS’ SUD FFS Initiatives Network must request Authorization for services. This request is then sent via web services to the Fiscal Agent for electronic approval.

Rutgers, the State University of New Jersey, provides web hosting services for DMHAS applications under a Memorandum of Agreement (MOA). Under this MOA, Rutgers provides technical support for the database administration (e.g., database backup, failover, security, etc.) of NJSAMS and other applications, housing DMHAS’ servers in a secure environment, and hosting its web-based systems. All application development is performed by programmers who are skilled in .Net, C# and SQL Server at the DMHAS Office of Information Systems.

Data is encrypted at rest and sent via Secure Socket Layer (SSL) between the Provider Agency’s computer and the NJSAMS web server. Information transmitted from the web server to the local Site is encrypted as well. NJSAMS servers are protected by a firewall that monitors every transaction and protects the web server and database from hackers, viruses, and other illegal access. No data is transferred to another treatment Provider Agency without an indicator that written consent from the Client has been obtained. As of August 2021, NJSAMS operates with SQL Server 2019.

The Contractor’s system will need to interact with NJSAMS, which is described more fully in Section 4 (Scope of Work).

1.3 CONTRACT AMOUNT

The estimated amount of the Contract, if stated, shall not be construed as either the maximum or minimum amount which the State shall be obliged to order.

1.4 ORDER OF PRECEDENCE OF CONTRACTUAL TERMS

The Contract awarded, and the entire agreement between the parties, as a result of this Bid Solicitation shall consist of: (1) the final Bid Solicitation, (2) the State of New Jersey Standard Terms and Conditions, (3) the Quote, and if applicable (4) any Bidder responses to clarifications; (5) a Bidder’s Best and Final Offer, (6) other negotiated document, and/or (7) third party document. In the event of a conflict in the terms and conditions among the documents comprising this Contract, the order of precedence, for purposes of interpretation thereof, listed from highest ranking to lowest ranking as noted above.

Any other terms or conditions, not included with the Bidder’s Quote and accepted by the State, shall not be incorporated into the Contract awarded. Any references to external documentation, included those documents referenced by a URL, including without limitation, technical reference manuals, technical support policies, copyright notices, additional license terms, etc., are subject to the terms and conditions of the Bid Solicitation and the State of New Jersey Standard Terms and Condition. In the event of a conflict in the terms and conditions among the documents comprising this Contract, the order of precedence, for purposes of interpretation thereof, shall be as listed from highest ranking to lowest ranking as noted above.

1.5 INTRASTATE COOPERATIVE PURCHASING

NOT APPLICABLE TO THIS PROCUREMENT.

PRE-QUOTE SUBMISSION INFORMATION

The Bidder assumes sole responsibility for the complete effort required in submitting a Quote and for reviewing the Quote submission requirements and the Scope of Work requirements.

2.1 ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Bidders via the “Q&A” Tab of the Bid Solicitation in NJSTART. Questions should be directly tied to a Bid Solicitation Section, the State-Supplied Price Sheet, Form or Attachment; and should reference the specific Bid Solicitation Section or document to which it relates.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation is indicated on the Bid Solicitation cover page. In the event that questions are posed by Bidders, answers to such questions will be issued by Bid Amendment.

A Bidder shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation, prior to Contract award.

2.2 EXCEPTIONS TO THE STATE OF NJ STANDARD TERMS AND CONDITIONS (SSTC)

Questions regarding the State of New Jersey Standard Terms and Conditions and exceptions to mandatory requirements MUST be posed during the Electronic Question and Answer period and shall contain the Bidder’s suggested changes and the reason(s) for the suggested change(s).

2.3 BID AMENDMENTS

In the event that it becomes necessary to clarify or revise this Bid Solicitation, such clarification or revision will be by Bid Amendment. Any Bid Amendment will become part of this Bid Solicitation and part of any Contract awarded. Bid Amendments will be posted as a file attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date.

There are no designated dates for release of Bid Amendments. Those Bidders who are on the bid holder list either through commodity code registration in NJSTART or by acknowledging the bid in NJSTART should receive notification of any Bid Amendment(s). If a Bidder is not on the bid holder list, Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

It is the sole responsibility of the Bidder to be knowledgeable of all Bid Amendments related to this procurement. An interested Bidder should check the NJSTART “Open Bids” Tab on a daily basis to ensure review of the most updated information.

2.4 MANDATORY/OPTIONAL SITE VISIT

NOT APPLICABLE TO THIS PROCUREMENT.

2.5 OPTIONAL PRE-QUOTE CONFERENCE

The date and time of the Optional Pre-Quote Conference is indicated on the Bid Solicitation cover sheet. Attendees may attend the Optional Pre-Quote Conference with the following call-in details:

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The Optional Pre-Quote Conference may be recorded.

The purpose of the Optional Pre-Quote Conference is to address procedural questions regarding the Bid Solicitation and Bidder Quote Submission Requirements only. No substantive questions regarding the Bid Solicitation Scope of Work will be accepted or answered during the pre-Quote conference. All questions are to be submitted during the Electronic Question and Answer Period.

2.6 PRE-QUOTE DOCUMENT REVIEW

NOT APPLICABLE TO THIS PROCUREMENT.

QUOTE SUBMISSION REQUIREMENTS

3.1 QUOTE SUBMISSION

In order to be considered for award, the Quote must be received electronically by the Division’s Proposal Review Unit, through NJSTART, by the required date and time.

The date and time of the Quote opening are indicated on the Bid Solicitation cover sheet and on the “Summary” Tab of the Bid Solicitation webpage within NJSTART. If the Quote opening deadline has been revised, the new Quote opening deadline will be shown on the posted Bid Amendment and on the “Summary” Tab of the Bid Solicitation webpage within NJSTART. Quotes not received prior to the Quote opening deadline shall be rejected.

Quotes will be publicly opened and announced by telephone conference on the date and time of the quote opening.

(Dial-in phone number: 888-204-5984 / Access code: 2602305)

When submitting a Quote through NJSTART, do not use any symbols (i.e., #, @, $, &, *) in the filename as this may prevent the Quote from being properly uploaded. Uploaded files must be compatible with Microsoft Office and/or Adobe software applications. DO NOT UPLOAD files with extensions such as .zip, .numbers, or .pages.

When uploading the documents to NJSTART, the Bidder should select the “Confidential” option in NJSTART for attachments on the “Attachments” Tab to request that the documents not be displayed publicly through NJSTART. Marking an attachment as "Confidential" in NJSTART shall not constitute the Bidder's designation of the attachment as exempt from public disclosure under the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., or the common law right to know.

3.2 BIDDER RESPONSIBILITY

The Bidder assumes sole responsibility for the complete effort required in submitting a Quote in response to this Bid Solicitation. No special consideration will be given after Quotes are opened because of a Bidder’s failure to be knowledgeable as to all of the requirements of this Bid Solicitation. The State assumes no responsibility and bears no liability for costs incurred by a Bidder in the preparation and submittal of a Quote in response to this Bid Solicitation or any pre-contract award costs incurred.

3.3 ANNOUNCEMENT OF QUOTE INFORMATION

On the date and time Quotes are due under the Bid Solicitation, all information concerning the Quotes submitted may be publicly announced and shall be available for inspection and copying except otherwise noted:

A. Information appropriately designated as proprietary and/or confidential in a Bidder’s Quote shall not be available for inspection and copying; and B. Where negotiation is contemplated, only the names and addresses of the Bidders submitting Quotes will be announced, and the contents of the Quotes shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

3.4 QUOTE ERRORS

In accordance with N.J.A.C. 17:12-2.11 “Proposal errors,” a Bidder may withdraw its Quote as described below.

3.5 QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

A Bidder may withdraw its Quote submission in NJSTART prior to the Quote opening; however, Bidders should note that while withdrawn NJSTART Quotes remain viewable by the Bidder on its Vendor Profile Homepage, they are removed from the Division’s view and cannot be considered for Contract award. The Bidder may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission. Bidders may refer to the QRG “Submit a Quote” for additional instructions.

3.6 QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO CONTRACT AWARD

If, after the Quote opening, but before Contract award, a Bidder discovers an error in its Quote, the Bidder may make a written request to the Procurement Bureau to withdraw its Quote from consideration for award. If the Bidder’s request to withdraw is made in good faith, and the State will not be significantly prejudiced by granting the withdrawal of the Quote beyond the loss of the benefit of the bargain to the State of the withdrawing Bidder’s offer, the request shall be granted. Evidence of the Bidder’s good faith in making this request can be demonstrated by one (1) or more of the following factors: A mistake is so significant that to enforce the Contract resulting from the Quote would be unconscionable; that the mistake relates to a material feature or term of the Contract; and that the mistake occurred notwithstanding the Bidder’s exercise of reasonable care. After Quote opening, while pursuant to the provisions of this section a Bidder may request to withdraw its Quote and the Director may in his/her discretion allow said Bidder to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Bidder and take those prior requests to withdraw into consideration when evaluating the Bidder’s future Quotes.

The Quote withdrawal request must include the Bid Solicitation Number, Bid Solicitation Title, and the Quote submission date and should be sent to Procurement.Bureau@treas.nj.gov.

If, during a Quote evaluation process, an obvious pricing error made by a potential Contract awardee is found, the Director or his/her designee shall issue written notice to the Bidder. The Bidder will have up to five (5) Business Days after receipt of the notice to confirm its pricing. If the Bidder fails to respond, its Quote shall be considered withdrawn, and no further consideration shall be given to it.

3.7 JOINT VENTURE

If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance Page. Each party to the Joint Venture must individually complete and comply with all the forms and certification requirements in Bid Solicitation Section 3 – Quote Submission Requirements.

3.8 SMALL BUSINESS SET-ASIDE CONTRACTS

NOT APPLICABLE TO THIS PROCUREMENT.

3.9 DISABLED VETERANS’ BUSINESS SET-ASIDE CONTRACT

NOT APPLICABLE TO THIS PROCUREMENT.

3.10 BID SECURITY

NOT APPLICABLE TO THIS PROCUREMENT.

3.11 BIDDER ADDITIONAL TERMS SUBMITTED WITH THE QUOTE

A Bidder may submit additional terms as part of its Quote. Additional terms are Bidder-proposed terms or conditions that do not conflict with the scope of work required in this Bid Solicitation, the terms and conditions of this Bid Solicitation, or the State of New Jersey Standard Terms and Conditions. Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions will render a Quote non-responsive. It is incumbent upon the Bidder to identify and remove its conflicting proposed terms and conditions prior to Quote submission.

Quotes including Bidder proposed additional terms may be accepted, rejected, or negotiated, in whole or in part, at the State’s sole discretion.

If Bidder intends to propose terms and conditions that conflict with the State of New Jersey Standard Terms and Conditions, those Bidder proposed terms and conditions shall only be considered if submitted and agreed to pursuant to the electronic question and answer procedure. Bidders shall not submit exceptions or modifications as part of the Quote or on the “Terms and Conditions” Tab through NJSTART.

3.12 QUOTE CONTENT

The Quote should be submitted with the attachments organized in the following manner:

· Forms

· Technical Quote

· State-Supplied Price Sheet

· State of New Jersey Security Due Diligence Third Party Information Security Questionnaire

A Bidder should not password protect any submitted documents. Use of URLs in a Quote should be kept to a minimum and shall not be used to satisfy any material term of a Bid Solicitation. If a preprinted or other document included as part of the Quote contains a URL, a printed copy of the information should be provided and will be considered as part of the Quote.

3.13 FORMS, REGISTRATIONS AND CERTIFICATIONS TO BE SUBMITTED WITH QUOTE

A Bidder is required to complete and submit the following forms. As an alternative to uploading certain forms with the submitted Quote, a Bidder may complete several certifications electronically in NJSTART on the “Terms and Categories” Tab within the Vendor Profile. Those forms that may be completed on the NJSTART “Terms and Categories” Tab are noted below. Additionally, a Bidder may attach completed forms to the Vendor Profile. Refer to QRGs “Vendor Forms” and “Attaching Files” for additional instructions. VENDOR QUICK REFERENCE GUIDES

3.13.1 OFFER AND ACCEPTANCE PAGE

The Bidder should complete and submit the Offer and Acceptance Page with the Quote. The Offer and Acceptance Page must be signed by an authorized representative of the Bidder. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request or the State may deem the Quote non-responsive.

3.13.2 OWNERSHIP DISCLOSURE FORM

Pursuant to N.J.S.A. 52:25-24.2, in the event the Bidder is a corporation, partnership or limited liability company, the Bidder must disclose all 10% or greater owners by (a) completing and submitting the Ownership Disclosure Form with the Quote; (b) if the Bidder has submitted a signed and accurate Ownership Disclosure Form dated and received no more than six (6) months prior to the Quote submission deadline for this procurement, the Division may rely upon that form; however, if there has been a change in ownership within the last six (6) months, a new Ownership Disclosure Form must be completed, signed and submitted with the Quote; or, (c) a Bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest. N.J.S.A. 52:25-24.2.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this form online in NJSTART on the “Terms and Categories” Tab.

A Bidder’s failure to submit the information required by N.J.S.A. 52:25-24.2 will result in the rejection of the Quote as non-responsive and preclude the award of a Contract to said Bidder.

3.13.3 DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

The Bidder should submit Disclosure of Investment Activities in Iran form to certify that, pursuant to N.J.S.A. 52:32-58, neither the Bidder, nor one (1) of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither the Bidder, nor one (1) of its parents, subsidiaries, and/or affiliates, is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the Bidder is unable to so certify, the Bidder shall provide a detailed and precise description of such activities as directed on the form. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request or the State may deem the Quote non-responsive.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.

3.13.4 DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER FORM

The Bidder should submit the Disclosure of Investigations and Other Actions Involving Bidder Form, with its Quote, to provide a detailed description of any investigation, litigation, including administrative complaints or other administrative proceedings, involving any public sector clients during the past five (5) years, including the nature and status of the investigation, and, for any litigation, the caption of the action, a brief description of the action, the date of inception, current status, and, if applicable, disposition. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request or the State may deem the Quote non-responsive.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.

3.13.5 MACBRIDE PRINCIPLES FORM

The Bidder should submit the MacBride Principles Form. Pursuant to N.J.S.A. 52:34-12.2, a Bidder is required to certify that it either has no ongoing business activities in Northern Ireland and does not maintain a physical presence therein or that it will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principles of nondiscrimination in employment as set forth in N.J.S.A. 52:18A-89.5 and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of their compliance with those principles. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request or the State may deem the Quote non-responsive.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.

3.13.6 SERVICE PERFORMANCE WITHIN THE UNITED STATES

The Bidder should submit a completed Source Disclosure Form. Pursuant to N.J.S.A. 52:34-13.2, all Contracts primarily for services shall be performed within the United States. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request or the State may deem the Quote non-responsive.

3.13.7 CONFIDENTIALITY/COMMITMENT TO DEFEND

Pursuant to the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., or the common law right to know, Quotes can be released to the public in accordance with N.J.A.C. 17:12-1.2(b) and (c).

The Bidder should submit a completed and signed Confidentiality/Commitment to Defend Form with the Quote. In the event that the Bidder does not submit the Confidentiality form with the Quote, the State reserves the right to request that the Bidder submit the form after Quote submission.

After the opening of sealed Quotes, all information submitted by a Bidder in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Bidder. Proprietary, financial, security and confidential information may be exempt from public disclosure by OPRA and/or the common law when the Bidder has a good faith, legal/factual basis for such assertion.

When the Bid Solicitation contains a negotiation component, the Quote will not be subject to public disclosure until a notice of intent to award a Contract is announced.

As part of its Quote, a Bidder may request that portions of the Quote be exempt from public disclosure under OPRA and/or the common law. The Bidder must provide a detailed statement clearly identifying those sections of the Quote that it claims are exempt from production, and the legal and factual basis that supports said exemption(s) as a matter of law. The State will not honor any attempts by a Bidder to designate its State-Supplied Price Sheet, Price List/Catalog, and/or the entire Quote as proprietary and/or confidential, and/or to claim copyright protection for its entire Quote. If the State does not agree with a Bidder’s designation of proprietary and/or confidential information, the State will use commercially reasonable efforts to advise the Bidder. Copyright law does not prohibit access to a record which is otherwise available under OPRA.

The State reserves the right to make the determination as to what to disclose in response to an OPRA request. Any information that the State determines to be exempt from disclosure under OPRA will be redacted.

In the event of any challenge to the Bidder’s assertion of confidentiality that is contrary to the State’s determination of confidentiality, the Bidder shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Bidder. The State assumes no such responsibility or liability.

In order not to delay consideration of the Quote or the State’s response to a request for documents, the State requires that Bidder respond to any request regarding confidentiality markings within the timeframe designated in the State’s correspondence regarding confidentiality. If no response is received by the designated date and time, the State will be permitted to release a copy of the Quote with the State making the determination regarding what may be proprietary or confidential.

3.13.8 SUBCONTRACTOR UTILIZATION PLAN

Bidders intending to use Subcontractor(s) shall list all Subcontractors on the Subcontractor Utilization Plan form or may list the Subcontractor(s) on the “Subcontractor” Tab in NJSTART.

For a Quote that does NOT include the use of any Subcontractors, the Bidder is automatically certifying that, if selected…