T1414 - Bid Amendment 5 - 12.21.22.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

Acting State Treasurer

SHEILA Y. OLIVER

Lt. Governor

MAURICE A. GRIFFIN

Acting Director https://www.njstart.gov

December 21, 2022

To: All Interested Bidders

Re: Bid Solicitation #22DPP00696 T1414 - Hospital Based Paternity Acknowledgement Program and Database

Bid Amendment #5

The following constitutes Bid Amendment #5 to the above referenced Bid Solicitation:

· Answers to electronic questions submitted during the electronic Question and Answer period;

· The Quote Submission Due Date has been extended from January 25, 2023 to February 8, 2023, at 2:00 p.m. Eastern Time;

· A second round of electronic Questions and Answers related to the revision of Revised Bid Solicitation Section 5.11, Reporting and Supplier Convenience Fee, which will close on January 5, 2023 (2:00 p.m. Eastern Time);

· Second round of Electronic Questions and Answers will be limited to questions related to the revision of Revised Bid Solicitation Section 5.11, Reporting and Supplier Convenience Fee, only;

· Please refer to Bid Solicitation Section 2.1, Electronic Question and Answer Period, for more information related to submitting electronic questions.

· The State-Supplied Price Sheet has been revised and added to the Attachments Tab in NJSTART. Please see “T1414 – Revised Price Sheet 12.21.2022.”

· The Form Packet has been revised and attached to the Attachments Tab in NJSTART. Please see “T1414- Revised Forms Packet- 12.21.2022.”

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation entitled “T1414 – Revised RFP – 12.21.2022.” The following additions and/or revisions are included in the Revised Bid Solicitation:

· Section 3.13.9, Pay to Play Prohibitions, the hyperlink and section language have been revised.

· Section 3.17, Price List and/or Catalog – removed;

· Section 3.22, Additional Plan(s), language has been changed from “The Bidder shall provide the following draft plans to accomplish all work required by this Contract.” to “The Bidder should provide the following draft plans to accomplish all work required by this Contract.”

· Section 3.29, State Price Sheet Instructions – removed last paragraph;

· Section 4.1.1 (B) – revised;

· Section 4.1.5, System Implementation – revised;

· Section 4.7 (H) – removed;

· Section 4.9 – Price List Update – removed and revised to be Contract Specific Glossary.

· Section 5.11, Contract Activity Report – revised to Reporting and Supplier Convenience Fee with the following language added:

A. Quarterly Sales Reporting - The Contractor shall submit a Sales Report documenting all sales made under the Contract. The Sales Report shall be submitted directly to Periscope using the NJSTART system no later than thirty (30) calendar days after the end of each calendar quarter. The calendar quarters will end March 31, June 30, September 30, and December 31. The Sales Report must contain the following information:

· Complete and accurate details of all sales, credits, returns, refunds, and the like for the reporting quarter;

· Purchasing entity;

· Total of Supplier Convenience Fee amount due for the reporting quarter;

· Such other information as the State may reasonably request; and

· If no sales were made to the State during the reporting quarter, then a report shall be submitted showing zero sales and zero Supplier Convenience Fee due.

Quarterly Sales Reporting and remittance of the Supplier Convenience Fee shall begin on the first calendar quarter starting after the effective date of the Contract.

B. Supplier Convenience Fee - For all purchases made under the Contract, the Contractor shall remit the Supplier Convenience Fee in the amount of one percent (1%) of all Purchases to Periscope Holdings, Inc. (Periscope).

C. Remittance of the Supplier Convenience Fee - On a quarterly basis, the Contractor shall remit the Supplier Convenience Fee directly to Periscope no later than thirty (30) days after the end of each calendar quarter. The calendar quarters will end March 31, June 30, September 30, and December 31. Failure to remit the Supplier Convenience Fee timely and accurately may result in Contractor’s goods and/or services being made ineligible for purchase through the NJSTART Marketplace.

D. Retention and Inspection of Records and Audit - The Contractor shall keep records of all sales made to Using Agencies and Intrastate Cooperative Purchasing Participants in sufficient detail to enable the State to determine the Supplier Convenience Fee payable by the Contractor. The State and/or Periscope may examine and audit, at its own expense, Contractor’s sales records and Sales Reports for completeness and accuracy. If such examination reveals underpayment of the Supplier Convenience Fee, the Contractor shall immediately pay to Periscope the amount of deficiency. If the examination reveals an underpayment of 5% or more, then the Contractor shall reimburse the State and/or Periscope for the cost of the audit.

E. Catalog Enablement - The Contractor shall cooperate with the State and/or Periscope as requested to upload catalog items and pricing consistent with the awarded Contract to the NJSTART Marketplace module within thirty days (30) of the Contract award.

· Section 5.12, Modifications and Changes to the State of NJ Standard Terms and Conditions (SSTC) and Section 5.12.1, Termination of Contract Section 5.7 of the SSTC Is Deleted and Replaced with the Following: was added. The following language was added to Section 5.21.1:

A. For Convenience:

Notwithstanding any provision or language in this contract to the contrary, the Director may terminate this contract at any time, in whole or in part, for the convenience of the State, upon no less than 30 days written notice to the contractor;

B. For Cause:

1. Where a contractor fails to perform or comply with a contract or a portion thereof, and/or fails to comply with the complaints procedure in N.J.A.C. 17:12-4.2 et seq., the Director may terminate the contract, in whole or in part, upon thirty (30) days’ notice to the contractor with an opportunity to respond; and 2.Where in the reasonable opinion of the Director, a contractor continues to perform a contract poorly as demonstrated by e.g., formal complaints, late delivery, poor performance of service, short-shipping, so that the Director is required to use the complaints procedure in N.J.A.C. 17:12-4.2 et seq., and there has been a failure on the part of the contractor to make progress towards ameliorating the issue(s) or problem(s) set forth in the complaint, the Director may terminate the contract, in whole or in part, upon ten (10) days’ notice to the contractor with an opportunity to respond.

C. In cases of emergency the Director may shorten the time periods of notification and may dispense with an opportunity to respond; and D. In the event of termination under this section, the contractor shall be compensated for work performed in accordance with the contract, up to the date of termination. Such compensation may be subject to adjustments.

· Section 9.0, Definitions – revised.

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 22DPP00696 T1414 - Hospital Based Paternity Acknowledgement Program and Database Answers to Questions

Section Reference Question (Bolded) and Answer

A: No. The vendor is to complete and submit the Description of Vendor Requested Quote Redactions portion of the “Confidentiality and Commitment to Defend” form State should the Quote include confidential, proprietary and/or trade secrets.

A: On August 15, 2022, Governor Murphy signed Executive Order 302 to lift the routine COVID-19 testing requirements for School Districts, Child Care Settings, and State Contractors.

https://nj.gov/infobank/eo/056murphy/pdf/EO-302.pdf

Therefore effective September 1, 2022, Contractors are no longer required to have a policy in place to ensure that workers were vaccinated or subject to routine COVID-19 testing.

Bid Solicitation has been revised to address the removal of this section.

A: The Bidder Data Sheet is provided for the Bidder’s convenience to provide the State information for contracts of similar size and scope. As long as the Bidder provides the requested information, the form can be altered and/or additional sheets can be attached to provide more information.

A: Bidders may submit the documents necessary to support its Quote. However, as noted in Bid Solicitation Section 3.11 bidders should not submit anything that would conflict with the Bid Solicitation terms, conditions, or Scope of Work.

As noted in Section 3.13.7 – Contents of Bid Proposal of the Bid Solicitation, Quotes are public documents subject to release to the public pursuant to N.J.A.C. 17:12-1.2(b) and (c), or 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. A bidder may complete and submit the “Description of Vendor Requested Quote Redactions” portion of the Confidentiality and Commitment to Defend form State should the Quote include confidential, proprietary and/or trade secrets. The State reserves the right to make the final determination on what is subject to disclosure and will advise the bidder accordingly.

A: The State seeks to make the award as soon as reasonably possible following the evaluation process outlined in Bid Solicitation Section 8.9, Evaluation Criteria. Once the evaluation of the submitted Quotes is complete, the Procurement Bureau will recommend to the Director for award, the responsible Bidder(s) whose Quote, conforming to this Bid Solicitation, is most advantageous to the State, price and other factors considered. The Director may accept, reject or modify the recommendation of the Procurement Bureau. If accepted, an award letter will be issued to the parties.

Bidders may assume the date of award is “Day 1”, and established time frame references after contract award for required plans will be acceptable (example only: 1st phase complete ten days after award; 2nd phase complete four weeks after contract award, etc.).

A: See response to Question 5.

A: The State declines to modify the Bid Solicitation as requested. There are adequate provisions in the State’s Standard Terms and Conditions to address any potential situations that may arise during the term of the Contract.

A: NJSTART does not have a file size restriction.

A: As indicated in New Jersey State Standard Term and Condition 6.6, Availability of Funds, budgeting for each year of the contract is determined by the funding appropriated by the State Legislature during the annual budget process.

A: No, a physical facility is not required in the State of New Jersey.

A: Pursuant to Bid Solicitation 2.3, there are no designated release dates for the Q&A responses and the release of Bid Amendments. However, the State strives to complete the Electronic Q&A process in a timely manner. Bidders on the bid holder list through commodity code registration in NJSTART or by bid acknowledgment in NJSTART should receive notification of any Bid Amendment(s). Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART for bidders not on the bid holder list, The Quote opening date will be extended by Bid Amendment in the event that responses to the Q&A cannot be provided with sufficient time to prepare a Quote prior to the advertised Quote opening date.

A: An estimated budget cannot be provided at this time. However, the prior spend on this contract may be found on NJSTART. (https://www.njstart.gov/bso/)

A: Another round of Q&A would be considered should material changes be made to the Bid Solicitation as a result of a previous Q&A period. Bidders will be notified via Bid Amendment should another round of Q&A be scheduled.

A: See response to Question 8.

A: The Bid Solicitation checklist is for guidance and informational purposes only, and is not required to be submitted with the Quote.

A: The recording of the Pre-Quote Conference will become available upon request with the award file after the Notice of Intent to Award has been announced. A renewed request should be submitted following receipt of the Notice of Intent to Award letter.

A: Yes. The numbers change based on the amount of births and paternities established, but the program currently averages about 27,000 COPs/AODs per year, 88,000 birth records per year, and 27,000 hospital COPs for incentive payments per year.

Please see “T1414- Revised Price Sheet- 12.21.2022” in the Attachments Tab for 22DPP00696 in NJSTART.

A: The numbers change based on the amount of births and paternities established, but the program currently averages about 27,000 COPs/AODs per year, 88,000 birth records per year, and 27,000 hospital COPs for incentive payments per year.

A: State Standard Term and Condition Section 5.7 has been revised to change the ten (10) day cure period to a thirty (30) day cure period.

Refer to Bid Solicitation Section 5.12, Modifications and Changes to the State of NJ Standard Terms And Conditions (SSTC), in “T1414 – Revised RFP – 12.21.2022” in the Attachments Tab for 22DPP00696 in NJSTART.

A: The State declines to accept the proposed modification. Pursuant to SSTC Section 5.4, State’s Option to Reduce Scope of Work, the parties have the ability to negotiate an adjusted contract price when the section has been invoked to reduce the scope of work under a contract.

A: Price reductions should be analyzed relative to the State’s contract. If the Vendor’s applicable price for goods or services to the State would be reduced, then the State must be informed of the change.

A: The State does not accept the proposed modification. Pursuant to SSTC Section 6.5, the New Jersey Prompt Payment Act, N.J.S.A. 52:32-32 et seq., requires state agencies to pay for goods and services within 60 days of the agency's receipt of a properly executed State Payment Voucher or within 60 days of receipt and acceptance of goods and services, whichever is later. This is a legislative requirement which cannot be modified by the State.

A: Yes, New Jersey mail can be processed outside of the State.

A:

FFY18 Out-of-Wedlock Births: 33,874 FFY18 Birthing Facility COPs: 24,260 FFY18 CWA COPs: 110 FFY18 Registrar COPs: 1,274

FFY19 Out-of-Wedlock Births: 33,185 FFY19 Birthing Facility COPs: 24,075 FFY19 CWA COPs: 38 FFY19 Registrar COPs: 846

FFY20 Out-of-Wedlock Births: 32,371 FFY20 Birthing Facility COPs: 23,889 FFY20 CWA COPs: 24 FFY20 Registrar COPs: 1,108

A: The contract requirements for the existing contract should not be considered when reviewing this Bid Solicitation. Each contract may have unique requirements, and incorporating requirements not included in this Bid Solicitation may render a bidder’s Quote non-responsive and ineligible for award. Please refer to Section 4.0 of this Bid Solicitation for the project requirements.

A: An estimated value for the contract will not be provided. Additionally, as indicated in New Jersey State Standard Term and Condition 6.6, Availability of Funds, budgeting for each year of the contract is determined by the funding appropriated by the State Legislature during the annual budget process.

A: This procurement is a Small Business and/or Disabled Veterans’ business set-aside contract. Refer to Section 3.13.8.1 of the Bid Solicitation.

A: The Bidder Quote Overview Form should be submitted as part of the Technical Quote response.

A: The Bid Solicitation has been revised to include the correct link. Refer to “T1414 – Revised RFP – 12.21.2022” in the Attachments Tab for 22DPP00696 in NJSTART.

A: No, subcontractors are not required. Therefore, if a Bidder’s proposal does not include subcontracting then the Subcontractor Utilization Plan is not required. Bidders are reminded that for a Quote that does NOT include the use of any Subcontractors, the Bidder is automatically certifying that, if selected for an award, the Bidder will be performing all work required by the Contract.

A: No, a subcontracting set-aside means that a Vendor will provide their best effort to hire a small business contractor.

A: See response to Question 29.

A: Section 3.13.9 has been revised to include an updated link for the Two-Year Chapter 51/Executive Order 117 Vendor Certification and Disclosure of Political Contributions form.

Refer to “T1414 – Revised RFP – 12.21.2022” in the Attachments Tab for 22DPP00696 in NJSTART.

A: See response to Question 33.

A: The Security Questionnaire must be provided.

A: The Security Questionnaire is required and is included in the Attachments tab for 22DPP0696 in NJSTART as the attachment entitled, “Security Questionnaire – 6.15.22.”

A: Please see the answer to Question 36.

A: The Bidder Quote Overview Form is provide for the Bidder’s convenience However, responses to the required information in the Technical Quote in other formats are acceptable.

A: Section 3.17 Price List and/or Catalog has been deemed not applicable for this procurement. Refer to “T1414- Revised RFP- 12.21.2022” in the Attachments Tab for 22DPP00696 in NJSTART.

A: Section 12.E – Quote Content provides instructions for organizing the attachments for Quote submission and does not address creating a general price list on letterhead. However, Section 3.17 – Price List and/or Catalog has been deemed not applicable for this procurement. See response to Question 39.

A: Section 3.21 speaks to a 30 day mobilization period which is to demonstrate how the Bidder will have the personnel and equipment it needs to begin work on the Contract up and operation from the date of the notification of award. Please refer to Section 4.1.5 of “T1414 – Revised RFP- 12.21.2022” in the Attachments Tab for 22DPP00696 in NJSTART for the system implementation requirements.

A: Implementation period begins immediately following contract award.

A: All POP process are to be fully implemented within six (6) months from the contract effective date. Please refer to Section 4.1.5 of “T1414- Revised RFP- 12.21.2022” in the Attachments Tab for 22DPP00696 in NJSTART.

A: See response to Question 41.

A: Section 3.22D is referring to a draft Transition Plan to be included with the proposal by a bidder. Section 4.8 specifies transition planning that will take place between the State and Vendor if the contract is awarded to a new Vendor.

A: See response to Question 45.

A: The submission of the Bidder Data Sheet (Section 3.16) is acceptable.

A: The labor category refers to the title/position of the individual in the organization.

A: The Bidder is not permitted to update or alter the cost form. The State Supplied Price Sheet has been revised to include estimated quantities and has been attached to the Bid Solicitation Tab in NJSTART. Please see “T1414 – Revised Price Sheet 12.21.2022” in the Attachments Tab for 22DPP00696 in NJSTART.

A: This requirement has been removed. Refer to “T1414 – Revised RFP 12.21.2022” in the Attachments Tab for 22DPP00696 in NJSTART.

A: See response to Question 49.

A: See response to Question 50.

A: Yes. However, any proposed terms should not conflict with the Bid Solicitation or New Jersey State Standard Terms and Conditions. Please see Bid Solicitation Section 3.11.

Bid Solicitation Section 3.11 states, in part: “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.”

A: The State cannot determine at this time whether major changes are anticipated during the lifetime of the project.

A: The approximate storage size for the existing imaging database is 57GB.

A: The current system being used to house the database is OnBase/Windows Server 2022.

A: There are approximately 750,000 images as of August 2022.

A: The format for the existing images is a PDF format.

A: There are approximately 2,000 child support end users statewide who may need access to the database. Facility/agency and location information is not currently available.

A: Section 4.1.1(B) should read “via the method approved by the OCSS.” The State will consider any and all methods proposed by Bidders.

A: New Jersey Kids Deserve Support (NJKiDS) system: Office of Child Support Services

Vital Events Registration and Information (VERI): Office of Vital Statistics and Registrar

A: See response to Question 61.

A: Any and all changes to data elements within the paternity record (name, status, etc.) must be recorded when changed.

A: There is no fee associated with the weekly EBC file transmission.

A: The EBC system is the electronic birth certificate system. The Department of Health’s Office of Vital Statistics and Registrar (OVSR) sends a weekly file of all birth records and hospital paternity establishments to the NJPOP system to be processed electronically. OVSR’s current system is called VERI.

A: The hospitals/birthing facilities currently use the electronic system unless there is a technical issue.

A: Yes, the Contractor will be required to ingest and make viewable records received from the EBC system.

A: Yes, records from the EBC System will include images.

A: Yes, the Contractor will be required to perform data capture or other work requested by the State on records from the EBC System.

A: Yes, a list will be provided by the State within 90 days after contract award during the transition period. The Vendor should update and provide the list to the SCM in February and July of each year of the contract.

A: Approximately 10 users will need access to the project dashboard with the ability to add new users as needed.

A: Average COPs Per Month (July 2021-June 2022) is 2,190. The average AODs Per Month (July 2021-June 2022) is 8

A: The SCM will primarily handle the DORES application and certification process in conjunction with the Contractor. The timeline for the DORES certification is fluid as it is another State agency.

A: Certain State staff will need increased access beyond viewing images only that includes, but is not limited to, running reports and accessing/updating certain data fields.

A: There are approximately 2,000 child support end users statewide who may need access to the database. No, staff at birthing facilities will not use the imaging system.

A: The SCM will primarily handle the DORES application and certification process in conjunction with the Vendor. Yes, the Vendor may be expected to complete additional forms, attend meetings and provide information needed for DORES.

A: A secure VPN connection, either Intranet to Intranet (extranet) or Intranet to Internet, will be required.

A: Data from approximately 2012 and forward will be transitioned. The approximate storage size of the system is 57GB of images. The images are primarily PDF documents with some TIF images.

A: Yes, the transition of records will include images.

A: Yes, the data should be clean prior to migration but the Contractor should plan time for data correction or fixes if needed.

A: Section 4.1.5 (B) has been revised and the 4.4.3.3.3 section reference has been removed.

See revised Bid Solicitation “T1414 – Revised RFP – 12.21.2022” in the Attachments Tab for 22DPP00696 in NJSTART.

A: See response to Question 81.

A: All POP process are to be fully implemented within six (6) months from the contract effective date. See revised Bid Solicitation “T1414 – Revised RFP – 12.21.2022” in the Attachments Tab for 22DPP00696 in NJSTART.

A: On average, 250 envelopes per month are provided with 75 to birth facilities, 125 to Registrar Offices and 50 to County Welfare Agencies.

A: Yes, the Contractor will be required to obtain W-9 information and issue 1099s to the hospitals and birthing facilities.

A: See response to Question 84.

A:

Mailed COPs from Birthing Facilities Over the Last 6 Months: 454 Mailed COPs from Registrars Over the Last 6 Months: 472 Mailed COPs from CWAs Over the Last 6 Months: 43 Total COPs mailed Over the Last 6 Months: 969

Mailed AODs from Birthing Facilities Over the Last 6 Months: 21 Mailed AODs from Registrars Over the Last 6 Months: 42 Mailed AODs from CWAs Over the Last 6 Months: 0 Total AODs mailed Over the Last 6 Months: 63

Electronic COPs from Birthing Facilities Over the Last 6 Months: 12,982 Electronic COPs from Registrars Over the Last 6 Months: 294 Electronic COPs from CWAs Over the Last 6 Months: 0 Total COPs mailed Over the Last 6 Months: 13,276

Total number of Electronic AODs cannot be provided as that information is maintained by the Office of Vital Statistics and Registrar.

A: Hard copies are only to be retained while the DORES certification process is pending. Upon successful DORES certification, pursuant to N.J.A.C. 17:44-2.3, covered entities shall comply with record retention schedules as established by the State Records Committee pursuant to the Public Records Law, 47:3-20 et seq. and a covered entity not subject to 47:3-20 et seq., shall maintain relevant records for a period of no less than five years after contract completion. When requested, any covered entity shall produce any record for audit or review by OSC.

A: Yes unless a party mails in a COP themselves. This is extremely rare and usually occurs when one parent is in a foreign country.

A: Between 75 and 100 calls are received per calendar quarter.

A:

Average Calls Per Month from Birthing Facilities: 10 Average Calls Per Month from Registrars: 13 Average Calls Per Month from CWAs: 12 Average Calls Per Month from Community Partners: 3 Average Calls Per Month from Parents: 26 Average Calls Per Month Overall: 64

Average Calls Per Month Requiring Language Line Services: 5

A:

Average Call Time for English-Speaking Incoming Calls: 5 Minutes Average Call Time for Incoming Calls Using Language Line: 60 Minutes

A: Text messages are not currently received by customer service as a part of the current contract.

A: It is the Contractor’s responsibility to determine the best method to ensure the availability of a Spanish speaking representative.

A: The State cannot confirm that text messaging is for general inquiries only.

A: Section 4.6 of the RFP states that “The Contractor shall provide a final outreach plan within 30 days after award.”

A: Target audiences include, but are not limited to, birthing facilities, hospitals and parents.

A: The State will provide a list at time of contract award but that list will not be exhaustive.

A: Yes, the goal is 95% or higher annually for statewide paternity establishment rate.

A: Section 4.6.K refers to website requirements and states “Develop and maintain a website that contains relevant outreach materials and information as needed or required by the SCM. Section 4.7.A refers to training and states “Develop a final training plan within 30 calendar days after Contract award based on the draft plan submitted per Section 3.29 for POP office staff and State staff as well as hospital, birthing facility, local registrar, prenatal clinic, and other designated agency staff to be approved by the SCM;”

A: There are currently two (2) Outreach Coordinators located in central New Jersey. There are no other local staff supporting outreach.

A: No, outreach coordinators do not have to be full-time.

A: Yes, a current contact list will be provided by the incumbent Contractor.

A: None as of August 2022.

A: The Outreach Coordinator is responsible for reviewing statistical reports and identifying any birthing facility that is establishing paternity at 15% or lower than the State average over a period of 3 months. Upon SCM approval, these birthing facilities will be required to submit a corrective action plan.

A: Section 4.7.H can be deleted…