T1400 Bid Amendment 6 Responses to Electronic Questions and Extended Quote Submission Due Date 9.29.25..docx

PHILIP D. MURPHY

Governor State of New Jersey

DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE AND PROPERTY

PROCUREMENT BUREAU

33 WEST STATE STREET

P. O. BOX 230

TRENTON, NEW JERSEY 08625-0230

ELIZABETH MAHER MUOIO

State Treasurer

TAHESHA L. WAY

Lt. Governor

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

September 29, 2025

To: All Interested Bidders

Re: Bid Solicitation # 25DPP01066 T1400 Alternate Benefit Program Service Providers

Bid Amendment #6

The following constitutes Bid Amendment #6 to the above referenced Bid Solicitation:

· This Bid Amendment includes:

· Extension of the Quote Submission Due Date to October 22, 2025 (2:00 p.m. Eastern Time);

· Answers to questions;

· Revisions to the Bid Solicitation;

· Revisions to Attachment 4 – State of New Jersey Technical Questionnaire ABP-ACTS; and

· Revisions to the State-Supplied Price Sheet, as specified below.

· Please note that for all additions, deletions, clarifications and modifications to the Attachment 4 – State of New Jersey Technical Questionnaire ABP-ACTS, please refer to the Revised Attachment 4 – State of New Jersey Technical Questionnaire ABP-ACTS entitled “Attachment 4 Revised State of New Jersey Technical Questionnaire ABP-ACTS 9.29.25”, and hereafter referred to as the “Revised Technical Questionnaire ” in this document;

· The Revised Technical Questionnaire modifies questions on tabs: Section 1, Section 3, Section 5, Section 6, and Section 7 for removal of financial advisory language. Please Note: A red strikethrough in the Revised Technical Questionnaire indicates that a question has been removed from the attachment. Bidders must submit the Revised Technical Questionnaire as part of its Quote.

· Please note that for all additions, deletions, clarifications and modifications to the State-Supplied Price Sheet, please refer to the Revised State-Supplied Price Sheet entitled “T1400 Revised State-Supplied Price Sheet 9.29.25”, and hereafter referred to as the “Revised State-Supplied Price Sheet” in this document;

· The Revised State-Supplied Price Sheet modifies the “Pricing Criteria” tab instructions for cell A18 to remove “In the comments section, indicate any pricing differences based on the current/proposed investment menu, noting the impact of proprietary funds to the recordkeeping fee”. Additionally, “Pricing is to be provided …” has been updated to “Pricing shall be provided …”.The ”Trustee Services”, “On-line Investment Guidance/ Advice Program”, and “Managed Account” Price Lines for tabs Fees – 401(a) Plan and Fees 403(b) Plan have also been removed. Please Note: A red strikethrough in the Revised State-Supplied Price Sheet indicates that an item has been removed from the price sheet. Bidders must submit the Revised State-Supplied Price Sheet as part of its Quote.

· In addition, please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation entitled “T1400 Revised Bid Solicitation 9.29.25”, and hereafter referred to as the “Revised Bid Solicitation” in this document. The following sections of the Revised Bid Solicitation have been updated as part of this Bid Amendment:

· Bid Solicitation Cover Sheet;

· Section 3.12, Quote Content;

· Section 3.15, Management Overview;

· Section 3.25, State-Supplied Price Sheet Instructions;

· Section 4.1.7, Participant Communication and Services;

· Section 6.1, Security Plan;

· Section 6.7, Privacy; and

· Section 7.1, Indemnification.

It is the sole responsibility of the Bidder to be knowledgeable of all of the additions, deletions, clarifications, and modifications to the Bid Solicitation and/or the New Jersey Standard Terms and Conditions relative to this Bid Solicitation as set forth in all Bid Amendments

All other instructions, terms, and conditions of the Bid Solicitation shall remain the same.

Bid Solicitation #25DPP01066 T1400 Alternate Benefit Program Service Providers

Answers to Questions

Where applicable, each question references the appropriate Bid Solicitation section.

Note: This question has been paraphrased in the interest of readability and clarity.

Section Reference Question (Bolded) and Answer

Please be advised that all Quotes shall be submitted electronically through NJSTART.

Yes. Prior to the Quote Opening Deadline, a Bidder should review the documents comprising the submitted Quote to ensure that all of the required documents have been completed and attached. Oftentimes a Quote is deemed non-responsive because a Bidder fails to attach a required form or attaches a blank form. To review a submitted a Quote, a Bidder should log into NJSTART and review each document attached to the Quote submission. Instructions on how to review a submitted Quote can be found in the Quick Reference Guide entitled How to Review a Submitted Quote, which is available on the NJSTART Vendor Support Page under Vendor Reference Guides.

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As stated in Revised Bid Solicitation Section 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).” Moreover, as stated in Revised Bid Solicitation Section 3.11, Bidder Additional Terms Submitted with the Quote, Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions may render a Quote non-responsive.

State of New Jersey Standard Terms and Conditions, Section 4.2 – Insurance [BIDDER] purchases insurance at the enterprise level, as such, no one client can influence our limits or deductibles. [BIDDER] proposes striking the last sentence. C. Workers Compensation Insurance applicable to the laws of the State of New Jersey and Employers Liability Insurance with limits not less than:

1. $1,000,000 BODILY INJURY, EACH OCCURRENCE;

2. $1,000,000 DISEASE EACH EMPLOYEE; and

3. $1,000,000 DISEASE AGGREGATE LIMIT - this $1,000,000 amount may be raised when deemed necessary by the Director.

The State does not accept the proposed modification to SSTC Section 4.2, Insurance. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders and cannot be based on a single Bidder’s terms.

State of New Jersey Standard Terms and Conditions, Section 5.8 – Subcontracting Is the State amenable to proposed revisions outlined in SSTC Section 4.2, Subcontracting, below?

While [BIDDER] is committed to obtaining the State’s approval for subcontractors identified in the contractor’s proposal and for Subcontractors engaged solely and exclusively to perform services for the State under the Contract, the State’s approval does not extend to Subcontractors used across [BIDDER]’s broader enterprise operations.

The Contractor may not subcontract other than as identified in the contractor’s proposal or for Subcontractors retained by [BIDDER] solely and uniquely for the State to perform services under the Contract without the prior written consent of the Director. Such consent, if granted in part, shall not relieve the contractor of any of his/her responsibilities under the contract, nor shall it create privity of contract between the State and any Subcontractor. If the Contractor uses a Subcontractor to fulfill any of its obligations, the Contractor shall be responsible for the Subcontractor’s:

A. Performance;

B. Compliance with all of the terms and conditions of the contract; and C. Compliance with the requirements of all applicable laws.

Nothing contained in any of the contract documents, shall be construed as creating any contractual relationship between any Subcontractor and the State.

The State does not accept the proposed modification to SSTC Section 5.8, Subcontracting. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single Bidder’s terms.

Refer to Revised Bid Solicitation Section 9.2, Definitions, for the definition of Subcontractor.

State of New Jersey Standard Terms and Conditions, Section 5.17 – News Releases Does the ban on news releases include bulletins, emails, and flyers announcing new features available to participants on their website and the Plan Sponsor's administrative website?

No, the prohibitions on news releases does not apply to informational material that may be sent to Participants regarding updates or new features that are on a Contractor’s website.

State of New Jersey Standard Terms and Conditions, Section 6.3 – Payment to Vendors Terms and Conditions Services offered may include advice services and other ancillary products as part of our standard service offer. Are there limitations being placed on these services?

The Contractor shall only be responsible for providing the services as detailed in Revised Bid Solicitation Section 4, Scope of Work. Services not specified in Section 4, Scope of Work, including but not limited to advice services and other ancillary products, are not to be included as part of the service offer.

State of New Jersey Standard Terms and Conditions, Section 6.3 – Payment to Vendors Terms and Conditions NJ ABP currently invoices Contractor to pay for services offer. It is our understanding that the state plans to codify pricing in order to pass cost to participants. Is this the state’s intention?

There are no bills pending before the legislature regarding the program. As indicated in Revised Bid Solicitation Section 3.25(A), State-Supplied Price Sheet Instructions, and the “Instructions” Tab of the State Supplied Price Sheet, “A gross, hard-dollar per-Participant fee is required, including all costs associated with implementation, conversion, administration, recordkeeping, education and trustee expenses.” This is intended to address the Contractor’s fees for those services and is to be deducted from participant accounts. As indicated in the Revised Bid Solicitation Section 4.1.6(D), Costs, the Contractor is also required to “Provide administrative funding to the DPB in the amount of 0.02% (two (2) basis points) based on assets with the Contractor. In calculating this amount, incumbent Contractors shall include prior insurance/annuity contracts. These amounts are not intended to be limited solely to new contracts awarded. Administrative funding amounts shall be held in a segregated account for use by the DPB for ABP and/or ACTS services in accordance with a mutually agreed upon procedure. The administrative funding shall be used by DPB to defray expenses of administering the ABP and ACTS. The amount of administrative funding (0.02%) is set based upon projected future expenses. In the event that expenses vary significantly from this amount (either above or below), as determined by DPB, the Contractor shall cooperate with DPB to determine steps to provide administrative funding that adequately covers the expenses of administering the ABP and ACTS. Steps may include increasing the amount of administrative funding provided, decreasing the amount of administrative funding provided, using administrative funding reserves, or other steps approved by the DPB.” This 2 basis point fee is expected to be deducted from participant account as a separate item from the dollar per participant recordkeeping fee, with amounts deposited to an unallocated suspense account that is an asset of the ABP and ACTS, respectively.

State of New Jersey Technical Questionnaire ABP-ACTS

Can copies of the most recent plan documents be provided for review in order to accurately respond to questions in Attachment 4 around plan documents?

The New Jersey Administrative Code, Title 17, Chapter 7 is the plan document for ABP/ACTS, which is located by clicking the “Hearing Rules (N.J.A.C. 1:1-1 to 21)” hyperlink found beneath the “Quick Links” heading on the following website: https://www.nj.gov/oal/.

State of New Jersey Technical Questionnaire ABP-ACTS Within Attachment 4 State of New Jersey Technical Questionnaire within Section 2, Question #1 asks the following questions: Based on the plan documentation provided, can your firm recordkeep the plan without manual intervention or workarounds. Please provide a copy of your current plan document(s)?

Please see response to Question #10.

All Incumbent Vendor Data File Demographics ABP-ACTS

Can you confirm the Brighthouse 3 year average contribution number is correct?

Yes. Please rely on the data provided with the Revised Bid Solicitation, as that was provided directly from Brighthouse.

All Incumbent Vendor Data Demographics ABP-ACTS File Please confirm which assets at each Contractor are institutional controlled or mappable, meaning they can be moved in bulk to a new provider at plan sponsor direction.

Please see Revised Bid Solicitation Section 4.3, Survival Clause, which addresses the handling of discontinued Contracts. The State will not direct the transfer of any existing assets. Participants will continue to be allowed to initiate asset transfers.

All Incumbent Vendor Data File Demographics ABP-ACTS Please provide the amount of mappable assets from each current carrier.

Please see Revised Bid Solicitation Section 4.3, Survival Clause, addresses the handling of discontinued Contracts. The State will not direct the transfer of any existing assets. Participants will continue to be allowed to initiate asset transfers.

All Incumbent Vendor Data File Demographics ABP-ACTS Please provide the plan level liquidity options for each of the Fixed SVF’s from each carrier.

Please see Revised Bid Solicitation Section 4.3, Survival Clause, which addresses the handling of discontinued Contracts. The State will not direct the transfer of any existing assets. Participants will continue to be allowed to initiate asset transfers. Liquidity provisions of current contracts vary and that information is not currently being provided.

Yes, Target Date Funds may be part of the investment menu provided by the Contractor/Bidder.

The Investment Policy of the ABP is set forth in the governing statutes at N.J.S.A. 18A:66-168, et. seq. and the Revised Bid Solicitation. The purpose of the ABP is to provide investment options to eligible members.

The State will not direct the transfer of any existing assets. Participants will continue to be allowed to initiate asset transfers.

The Performance Standards in Attachment 7 will apply to all services included in the Contracts awarded as a result of this Revised Bid Solicitation

Performance Standards ABP-ACTS Please clarify, Bid Solicitation Section 7.2.3 - 4.3, Limitation of Liability. Is this referring to Attachment 7, Performance Standards ABP-ACTS, or a separate fee of 200% that would apply?

No. The Limitation of Liability is separate from Attachment 7, Performance Standards ABP-ACTS. It is stated within Attachment 7: “This attachment is not designed to replace or modify any other attachment or any part of the Agreement, except [as stated within the attachment]”.The Limitation of Liability is the Contractor’s liability to the State for actual, direct damages resulting from the Contractor’s performance or non-performance of, or in any manner related to this Contract.

Subcontractor Utilization Plan [BIDDER] requests clarification that the reference to “Subcontractor” in these Terms and Conditions only applies to Services under this Bid Solicitation. [BIDDER] clarifies that the “turnkey recordkeeping and plan administration services” set forth in Bid Solicitation Section 4, Scope of Work, consists of end-product/services outputs, outcomes, communications to participants and plan administrators and quality assurance over the foregoing; they do not include any infrastructure or ancillary or supporting activities, functions or operations of [BIDDER], including, without limitation, activities, functions and operations that support [BIDDER]’s or its affiliates’ lines of business and/or internal corporate infrastructure and operations. [AFFILATES] do not constitute a part of the Services and are not subject to the terms and requirements of this Bid. All Services are performed by [BIDDER], except for Services that are required to be performed by a broker/dealer, which are performed by [AFFILATES]. All client facing activities and client representatives and all of [BIDDER]’s call centers are exclusively based in the United States. [BIDDER] engages third party service providers to perform certain infrastructure and other non-customer-facing activities constituting [AFFILATES]; while these activities do not themselves constitute Services, they are geared toward improving efficiencies, reducing costs, and ultimately enhancing Services. [BIDDER] remains fully responsible for the performance of its service providers, some of which may be located outside of the United States and may not be registered in New Jersey.

Revised Bid Solicitation Section 4, Scope of Work, outlines all duties which may be assigned to a Subcontractor by an awarded Contractor. Further, the Bidder’s proposed “clarifications” are not presented in the form of a question and cannot be answered as posed. That being said, the Bidder’s proposed “clarifications” are not accepted by the State. All Bidders are reminded that terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single Bidder’s terms.

Affirmative Action Is the State amenable to the proposed revisions outlined in Bid Solicitation Section 3.13.10 and SSTC Section 2.5, Affirmative Action, below?

[BIDDER] is unable to flow down these obligations to its enterprise-wide Subcontractors; however, [BIDDER] is committed to working with the State to obtain the necessary documentation for Subcontractors engaged solely and exclusively for the State to perform services under the Contract.

Bid Solicitation Section 3.13.10, Affirmative Action: The intended Contractor and its named Subcontractor(s) retained solely and uniquely to perform services under the Contract solely and uniquely for the State must submit a copy of a New Jersey Certificate of Employee Information Report, or a copy of Federal Letter of Approval verifying it is operating under a federally approved or sanctioned Affirmative Action program. If the Contractor is and/or its named Subcontractor(s) retained solely and uniquely to perform services under the Contract solely and uniquely for the State are not in possession of either a New Jersey Certificate of Employee Information Report or a Federal Letter of Approval, it/they must complete and submit the Affirmative Action Employee Information Report (AA-302).

SSTC Section 2.5, Affirmative Action: In accordance with N.J.A.C. 17:27-11, prior to award, the Contractor and Subcontractor retained solely and uniquely to perform services under the Contract solely and uniquely for the State must submit a copy of a New Jersey Certificate of Employee Information Report, or a copy of Federal Letter of Approval verifying it is operating under a federally approved or sanctioned Affirmative Action program. Contractors or Subcontractors retained solely and uniquely to perform services under the Contract solely and uniquely for the State not in possession of either a New Jersey Certificate of Employee Information Report or a Federal Letter of Approval must complete the Affirmative Action Employee Information Report (AA-302)

The State declines the proposed modifications to Revised Bid Solicitation Section 3.13.10, Affirmative Action. These terms apply to all State Contracts.

Subcontractor Utilization Plan [BIDDER] requests clarification that the reference to “Subcontractor” in these Terms and Conditions only applies to Services under this Bid.

Correct. For a definition of Subcontractor, please refer to Revised Bid Solicitation Section 9.2, Definitions.

Subcontractor Utilization Plan We partner with [THIRD PARTY] to offer a program designed to help plan sponsors select mutual funds and provide ongoing monitoring of those funds. [THIRD PARTY] leverages its investment experience and analysis to provide professional fund lineup recommendations. Under the structure of the program, the State would enter into an agreement directly with [THIRD PARTY] covering the mutual fund lineup offered on our platform. The arrangement is such that [THIRD PARTY] would not be a Subcontractor as defined in the bid solicitation. Would the State be amenable to entering into such an agreement?

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. The State declines to enter into any agreements directly with listed Subcontractors. The Subcontractor has no legal relationship with the State, only with the Contractor.

Technical Quote How does the response to Bid Solicitation Section 3.14, Technical Quote, differ from responses to Attachment 4, State of New Jersey Technical Questionnaire?

The Technical Quote shall address all general services described in Section 4, Scope of Work, while Attachment 4, State of New Jersey Technical Questionnaire ABP-ACTS, is to acquire additional information for further review.

State-Supplied Price Sheet Instructions Does the State plan to implement fee leveling so that the participant administrative costs are the same across each individual vendor?

No. Pricing will be structured based upon the Revised State-Supplied Price Sheet and the requirements of the Revised Bid Solicitation.

State-Supplied Price Sheet Instructions Will institutional pricing be based on 100% of all the assets that a Contractor manages or just a subset after a specific point in time?

Pricing shall be based upon the Revised State-Supplied Price Sheet submitted with the Quote. All pricing associated with the performance of the Contract are specified by the Revised State-Supplied Price Sheet.

State-Supplied Price Sheet Instructions Should pricing be 'per participant, per plan’ or per unique participant?

Pricing shall be per participant, per plan (i.e., a separate dollar per participant price for ABP and ACTS, respectively).

State-Supplied Price Sheet Instructions Please confirm how the 2 basis points administration fee to the State should be priced, i.e. in addition to the provided price or inclusive?

Please see response to Question #9.

State-Supplied Price Sheet Instructions Is New Jersey ABP looking for separate pricing between the two plans, or would they accept a single price for the combined plans?

Per Section 3.25 of the Revised Bid Solicitation, Bidders must provide separate pricing in the yellow highlighted cells for Columns B, C, and D of the Fees – 401(a) Plan tab and the Fees – 403(b) Plan tab (Fees Tabs), for Standard Recordkeeper Services. The ABP and ACTS must be priced individually.

Overview of the Services Required By the Investment/Service Providers

[BIDDER] provides a consolidated view of 401(a) and 403(b) participant statements online, will this suffice for the combined statement requirement?

Participant statements may be delivered electronically, however hardcopy statements must be provided to participants who do not consent to electronic statements or for whom the Contractor does not have an active email address on file.

Overview of the Services Required by the Investment/Service Providers

Please confirm if institutional pricing should be provided for a full open architecture menu or just on the current lineup.

As indicated in Revised Bid Solicitation Section 3.25(A), State-Supplied Price Sheet Instructions, and the “Pricing Criteria” Tab of the State Supplied Price Sheet, pricing shall be provided based on an assumption of open-architecture investments.

Overview of the Services Required by the Investment/Service Providers Please confirm the State accepts [BIDDER]'s interpretation of Section 4.1, Overview of the Services Required by the Investment/Services Providers, as follows: [BIDDER] clarifies that the “turnkey recordkeeping and plan administration services” set forth in Section 4, Scope of Work, consist of end-product/services outputs, outcomes, communications to participants and plan administrators and quality assurance over the foregoing; they do not include any infrastructure or ancillary or supporting activities, functions or operations of [BIDDER], including, without limitation, activities, functions and operations that support [BIDDER]’s or its affiliates’ lines of business and/or internal corporate infrastructure and operations, which are referred to herein as [AFFLIATES]. [AFFILATES] does not constitute a part of the Services and are not subject to the terms and requirements of this Bid. All Services are performed by [BIDDER], except for Services that are required to be performed by a broker/dealer, which are performed by [BIDDER]’s affiliate. All client facing activities and client representatives and all of [BIDDER]’s call centers are exclusively based in the United States. [BIDDER] engages third party service providers to perform certain infrastructure and other non-customer-facing activities constituting [AFFILATES]; while these activities do not themselves constitute Services, they are geared toward improving efficiencies, reducing costs, and ultimately enhancing Services. [BIDDER] remains fully responsible for the performance of its service providers, some of which may be located outside of the United States and may not be registered in New Jersey.

The State declines to accept the Bidder’s proposed interpretation of Revised Bid Solicitation Section 4.1. The term “turnkey recordkeeping and plan administration services” refers to those services listed in the Scope of Work which are ready for immediate use. Further, the Bidder’s proposed “clarifications” are not presented in the form of a question and cannot be answered as posed. That being said, the Bidder’s proposed “clarifications” are not accepted by the State. All Bidders are reminded that terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single Bidder’s terms.

Overview of the Services Required by the Investment/Service Providers Sections 4.1, Overview of the Services Required by the Investment/Services Providers, A & B sets standards for delivery of hardcopy statements. Currently, we securely provide these statements electronically via the participant website, which meets or exceeds standards for accessibility, security, and well within performance standards. Confirm that our current service model meets the requirement of the Bid Solicitation (RFP).

Please see response to Question #31.

Overview of the Services Required by the Investment/Service Providers Language in the RFP asks questions related to a mutual fund solution for NJABP. Is NJABP looking for bids that provide an open architecture platform with a mutual fund solution?

Please see response to Question #32.

Overview of the Services Required by the Investment/Service Providers Has the state of New Jersey's plan document been rewritten or amended to accept mutual funds in addition to annuities?

The ABP and ACTS Plan Document continues to allow mutual fund investments. See the "Investment option” definitions and other pertinent sections under New Jersey Administrative Code Title 17, Chapter 7.

Overview of the Services Required by the Investment/Service Providers

Will the State of New Jersey outsource investment advisory services for the plan(s)?

The State does not currently receive outside investment advisory services for the ABP and ACTS Plans and has not determined whether it may at some point in the future. As indicated in the response to Question #8, services not specified in Section 4, Scope of Work, including but not limited to advice services, are not to be included as part of the service offer.

Please be aware that references and requirements related to investment guidance and advice have been removed from Revised Bid Solicitation Sections 3.15 and 4.1.7(G-1), as well the Revised State-Supplied Price Sheet. The State is not requiring the Contractor to provide investment guidance and advice to Participants under this Bid Solicitation.

Costs Would NJABP consider a basis point fee structure instead of a participant per head fee structure?

No. Please see response to Question #9.

Participant Communication and Services Within Bid Solicitation Section 4.1.7 (B), Participant Communication and Services, where it states to have at least three (3) on-site representatives assigned to provide dedicated services to the State and its participating ABP and ACTS employers. Please confirm these representatives will not be able to have additional clients.

Correct, these representatives will not be able to have other clients, and shall only provide services for participants under this plan. The one (1) exception would be if the awarded Contractor has representatives under another State of NJ plan that will also provide services to this plan.

Participant Communication and Services [BIDDER] is able to provide 11 hours of call center availability Monday thru Thursday and 9 hours of availability on Friday's.

As indicated in Section 4.1.7(G)(2), Participant Communication and Services, “Customer Call Center Customer Service Representatives shall be available to answer Participant questions 12 hours per day, Monday – Friday, but not limited to, except for being closed on NYSE observed market holidays (NYSE: Holidays and Trading Hours).”

Participant Communication and Services Is it the State’s intent to require 3 fulltime dedicated Representatives serving the program be employed by the [BIDDER]?

Yes. See response to Question #39

Website Support Services Is the State amenable to removing the second paragraph of 4.1.8, Website Support Services, “The Contractor shall develop a system that complies with the guidance of the NJ Statewide Information Security Manual: https://www.nj.gov/it/docs/ps/NJ_Statewide_Information_Security_Manual.pdf”?

[BIDDER] is committed to ensuring the State’s website meets its functional and usability requirements. However, [BIDDER] is unable to adopt individual client-specific website build requirements, as its development practices and standards as a recordkeeper are applied consistently across its enterprise.

No. The information security policies, standards, processes, and supplemental guidance contained in the Statewide Information Security Manual are key components of the State’s information security program. The awarded Contractor(s) shall maintain compliance as specified by the Revised Bid Solicitation.

As indicated in Revised Bid Solicitation Section 3.13.12, State of New Jersey Security Due Diligence Third-party Information Security Questionnaire, the Bidder should complete and submit the State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire (Questionnaire) with its Quote. If a Bidder does not submit the completed Questionnaire 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.

This Questionnaire is designed to provide the State with an overview of the Bidder’s security and privacy controls to ensure that the Bidder will (1) meet the State of New Jersey’s objectives as outlined and documented in the Statewide Information Security Manual; and (2) comply with the State’s security requirements as outlined in Section 6 – Data Security Requirements – Contractor Responsibility. The State reserves the right to remove a Bidder from consideration of Contract award if the State determines that the Bidder’s Questionnaire failed to sufficiently convey that the Bidder’s security and privacy controls meet the State’s requirements.

Forty-Five (45) Day Deliverables The Bid Solicitation [RFP] requests a sample service level agreement, but also references Attachment 7, Performance Standards ABP-ACT? Is the state open to negotiating service level agreements during this process, i.e. accept a Contractor service level agreement offer?

The Contract requires the Contractor’s acceptance of the requirements of the Bid Solicitation, including the Performance Standards specified in Attachment 7.

Services Required of the Master Recordkeeper Is the State of New Jersey appointing an investment committee to monitor the plan(s)?

The State does not currently have an investment committee in place for to monitor the ABP and ACTS Plans and has not determined whether it may at some point in the future.

Services Required of the Master Recordkeeper How often will the investment committee review the selected investment options?

Not applicable. See response to Question # 44.

Forty-Five (45) Day Deliverables Will the State accept a Contractor’s recordkeeping agreement?

No. Contractors will be bound by the terms and conditions of the State’s Contract, as indicated in the Bid Solicitation.

Survival Cause For any deselected carrier, will the assets be mapped to a surviving carrier, or will those assets be only employee directed? If the assets will be mapped to a surviving carrier how will that carrier be determined?

The State will not direct the transfer of any existing assets. Participants will continue to be allowed to initiate asset transfers.

Ownership of Material Is the State amenable to the proposed revisions outlined in 5.4 (A) and (F), Ownership of Material, below?

Bid Solicitation Section 5.4 (A): State Data provided to Contractor shall be delivered or returned to the State of New Jersey upon thirty (30) days’ notice by the State or thirty (30) days after the expiration or termination of the Contract; provided that the parties are not required to destroy or return State Data that must be retained for audit, legal or regulatory purposes, or that is stored in non-readily accessible electronic format, such as on archival systems. Except as specifically required by the requirements of the Bid Solicitation, State Data shall not be disclosed, sold, assigned, leased or otherwise disposed of to any person or entity other than the State unless specifically directed to do so in writing by the State Contract Manager.

Bid Solicitation Section 5.4 (F): The State owns all State Intellectual Property provided to Contractor pursuant to the Contract. State Intellectual Property shall be delivered or returned to the State of New Jersey upon thirty (30) days’ notice by the State or thirty (30) days after the expiration or termination of the Contract; provided that the parties are not required to destroy State Intellectual Property that must be retained for audit, legal or regulatory purposes, or that is stored in non-readily accessible electronic format, such as archival systems. The State grants Contractor a non-exclusive, royalty-free, license to use State Intellectual Property for the purposes contemplated by the Contract.

The State declines to accept the proposed modifications to Revised Bid Solicitation Section 5.4, Ownership of Materials.

Security Plan Is the State amenable to allowing 90 days to provide the Security Plan?

[BIDDER] will provide the required detailed Security Plan; however, it respectfully requests a 90-day period to complete and submit the plan in full.

Bid Solicitation Section 6.1, Security Plan: The Contractor shall submit a detailed Security Plan that addresses the Contractor’s approach to meeting each applicable security requirement outlined below, to the State, no later than 90 thirty (30) Calendar Days after the award of the Contract. The State approval of the Security Plan shall be set forth in writing. In the event that the State reasonably rejects the Security Plan after providing the Contractor an opportunity to cure, the Director may terminate the Contract pursuant to the SSTC.

The State is amenable to allowing 90 Calendar Days for the Security Plan. Please see Revised Bid Solicitation Section 6.1, Security Plan.

Compliance Please note that “General Data Protection Regulation (GDPR), Payment Card Industry Data Security Standard (PCI DSS), Health Insurance Portability and Accountability Act of 1996 (HIPAA), IRS-1075” are not applicable to the scope of services.

This is not a question and cannot be answered as posed. That being said, not all Revised Bid Solicitation terms and SSTCs are applicable to all contracts. To the extent that certain SSTC sections may not be currently applicable, they shall remain in case the contract is modified in the future pursuant to the processes permitted under the contract.

All terms and conditions listed within Section 6, Data Security Requirements – Contractors Responsibility, shall be considered a part of the Contract as these are standard for State contracts. To the extent an aspect of Section 6 may not be applicable to the services being provided, those terms and conditions shall still be considered a part of the Contract, and in effect if/when applicable.

Compliance In the Bid Solicitation 6.3, Compliance, [BIDDER] would like to make note of General Data Protection Regulation (GDPR) and Payment Card Industry Data Security Standard (PCI DSS), that this would not apply to [BIDDER] or the [BIDDER]’s product.

Please see response to Question #50.

Privacy Please note that HIPAA and PCI DSS are not in scope to applicable services.

Privacy The [BIDDER] is proposing the following language be accepted as our standard for notification is within 72 hours. The [BIDDER] does not report on suspicion of a breach. In the event of any actual, probable or reasonably suspected Breach of Security, or any unauthorized access to or acquisition, use, loss, destruction, compromise, alteration or disclosure of any Personal Data, Contractor shall: (a) immediately notify the State of such Breach of Security, but in no event within 72 hours after learning of such security breach.

Revised Bid Solicitation Section 6.7 (G), Privacy, has been revised to state that the Contractor shall “immediately notify the State of such Breach of Security, but in no event later than 72 hours after learning of such security breach.”

Privacy Is the State amenable to the proposed revisions outlined in sections 6.7.(I) & (J), Privacy, below?

Bid Solicitation Section 6.7(I): Upon termination/expiration of this Contract the Contractor shall first return all State Data to the State in a usable format as defined in the Contract, or in an open standards machine-readable format if not, in accordance with its record retention policy and as required by law. The Contractor shall then erase, destroy, and render unreadable all Contractor backup copies of State Data according to the standards enumerated in accordance with its policies the State’s most recent Media Protection policy, https://www.nj.gov/it/docs/ps/NJ_Statewide_Information_Security_Manual.pdf; and certify in writing that these actions have been completed within thirty (30) Calendar Days after the termination/expiration of the Contract or within seven (7) Business Days of the request of an agent of the State whichever should come first.

Bid Solicitation Section 6.7(J): In the event of loss of any State Data or records where such loss is due to the intentional act, omission, or negligence of the Contractor or any of its Subcontractors or agents during the term of the Contract, the Contractor shall be responsible for recreating such lost data pursuant to [BIDDER]’s data security policies in the manner and on the schedule set by the State Contract Manager. The Contractor shall ensure that all State Data is backed up and is recoverable by the Contractor. In accordance with prevailing federal or state law or regulations, the Contractor shall report the loss of State data.

The State declines to accept the proposed modifications.

Privacy Is the State amenable to the proposed revisions outlined in sections 6.7 (E) & (G), Privacy, below?

Bid Solicitation 6.7(E): Data Storage: All data provided by the State of New Jersey or State data obtained by the Contractor in the performance of the Contract must be stored, processed, and maintained solely in accordance with [BIDDER]’s data security program and record retention policy and the Security Plan with a project plan and system topology approved by the State Contract Manager pursuant to Bid Solicitation 6.1, Security Plan. No State data shall be processed on or transferred to any device or storage medium including portable media, smart devices and/or USB devices, unless that device or storage medium has been approved in advance in writing by the State Contract Manager. The Contractor must not store or transfer State of New Jersey data outside of the United States.

Bid Solicitation Section 6.7(G): In the event of any actual, probable or reasonably suspected Breach of Security, or any unauthorized access to or acquisition, use, loss, destruction, compromise, alteration or disclosure of any Personal Data, Contractor shall: (a) immediately notify the State of such Breach of Security, but in no event later than seventy-two (72) hours after learning of such security breach; (b) designate a single individual employed by Contractor who shall be available to the State twenty-four (24) hours per day, seven (7) days per week as a contact regarding Contractor’s obligations under Bid Solicitation Section 6.34, Incident Response.

The State declines to accept the proposed modifications for Revised Bid Solicitation Section 6.7(E), Privacy.

Please see response to Question #53.

Privacy [BIDDER] is proposing the following changes to Bid Solicitation Section 6.7 (G), Privacy: in the event of any actual, confirmed Breach of Security, or any unauthorized access to or acquisition, use, loss, destruction, compromise, alteration or disclosure of any Personal Data, Contractor shall: (a) immediately notify the State of such Breach of Security, but in no event later than 72 hours after learning of such security breach.

Please see response to Question #53.

Privacy [BIDDER] would like to make note of Bid Solicitation Section 6.7 (B), Privacy, that the federal Drivers’ Privacy Protection Act of 1994, Pub.L.103-322, and the confidentiality requirements of N.J.S.A. § 39:2-3.4. does not apply to [BIDDER].

Security Categorization Is the State amenable to removing the requirement to mask sensitive data that is displayed or printed in 6.9 (C), Security Categorization?

[BIDDER] restricts access to sensitive data based on the principles of least privilege and need-to-know. However, sensitive data that is displayed or printed is not subject to masking.

The Contractor shall implement processes that classify information and categorize information systems throughout their lifecycles according to their sensitivity and criticality, along with the risks and impact in the event that there is a loss of confidentiality, integrity, availability, or breach of privacy. Information classification and system categorization includes labeling and handling requirements. Security categorization controls shall include the following, at a minimum: A. Implementing a data protection policy; B. Classifying data and information systems in accordance with their sensitivity and criticality; C. Masking sensitive data that is displayed or printed; and Implementing handling and labeling procedures.

Identity and Authentication Is the State amenable to removing the MFA requirement for access to sensitive and critical systems in Bid Solicitation 6.13, Identity and Authentication?

[BIDDER] employs multifactor authentication (MFA) to secure all remote access to its systems. [BIDDER] does not employ MFA for access to sensitive or critical systems. However, access is protected through other layered security controls. The Contractor shall establish procedures and implement identification, authorization, and authentication controls to ensure only authorized individuals, systems, and processes can access the State’s information and Contractor’s information and information systems. Identity and authentication provides a level of assurance that individuals who log into a system are who they say they are. Identity and authentication controls shall include, at a minimum: A. Establishing and managing unique identifiers (e.g. User-IDs) and secure authenticators (e.g. passwords, biometrics, personal identification numbers, etc.) to support nonrepudiation of activities by users or processes; and B. Implementing multi-factor authentication (MFA) requirements for access to sensitive and critical systems, and for remote access to the Contractor’s systems.

ICS/SCADA/OT Security These sections would not be applicable to the services [BIDDER] is providing as outlined within Bid Solicitation Section 6.18 (A) (E) and (G), ICS/SCADA/OT Security.

ICS/SCADA/OT Security Bid Solicitation Section 6.18, ICS/SCADA/OT SECURITY, please note that this is not applicable as [BIDDER] is not an industrial manufacturer.

Internet of Things Security Bid Solicitation Section 6.19, Internet of Things Security, this section is not applicable as [BIDDER] does not allow for IOT devices to connect to our network.

Internet of Things Bid Solicitation Section 6.19, Internet of Things Security, please note that this is not applicable as [BIDDER] does not implement such devices.

Third Party Management In the Bid Solicitation Section 6.31, Third Party Management, can you provide clarity on business partners?

Revised Bid Solicitation Section 6.31, Third Party Management, lists business partners as an example of third-party entities who may provide information technology equipment, software, and/or services to the Contractor. Such third-party entities may or may not be Subcontractors under the Contract. Security risks exist when any third-party may have direct or indirect access to information pursuant to the Contract. Thus, the Contractor is required under Section 6.31 to implement processes and controls to ensure that risks associated with such third-parties are minimized or avoided.

Indemnification The current indemnification provision appears quite broad and might even apply in cases where the State of New Jersey could have contributed to the issue. Would the State consider amending the indemnification language to include an exception for instances involving the State’s own negligence or willful misconduct?

Section 4.1 of the State Standard Terms and Conditions has been replaced with Revised Bid Solicitation Section 7.1, Indemnification. In accordance with Revised Bid Solicitation Section 7.1:

A. “Contractor will be relieved of its responsibilities under Subsection “A.” for any claims made by a third-party that arise solely from the actions or omissions of the State, its officers, employees or agents.

B. Subject to New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.), the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq.) and the appropriation and availability of funds, the State will be responsible for any cost or damage arising out of actions or inactions of the State, its employees or agents under Subsection A.1 which results in an unaffiliated third party claim.

C. The State will:

1. promptly notify Contractor in writing of the claim or suit;

2. give Contractor control of the defense and settlement of any claim that is subject to Section “A.1”;provided; however, that the State must approve any settlement of the alleged claim, which approval shall not be unreasonably withheld. The State may observe the proceedings relating to the alleged claim and confer with the Contractor at its expense.”

See Revised Bid Solicitation Section 7.1, Indemnification, for additional…