T1426 Bid Amedment 5 QandA. 02-01-24.docx

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Contract RFP/SC-SBE NJ|23-PROS1-109522
Contract number
23-PROS1-109522
Issued by
New Jersey

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Summary

This is Bid Amendment #5 to Bid Solicitation #23DPP00796 issued by the State of New Jersey Department of the Treasury, Division of Purchase and Property Procurement, for the Administration of Deficient and Delinquent Tax Accounts (T1426). The amendment was issued on February 1, 2024, with a quote submission deadline of February 21, 2024, and includes answers to frequently asked questions, updated standard procurement forms, and revised fingerprinting guidelines. The current contractor is Pioneer Credit Recovery, Inc., which has held the contract since 2012.

The contract involves the collection of New Jersey tax debts through third-party collection activities performed at a contractor-operated facility within 40 miles of Trenton, New Jersey. The scope includes managing approximately 188,546 business accounts ($1.23 billion) and 109,454 individual accounts ($149.1 million), with average monthly account placements of 30,568 cases. Fee-eligible collections over the past three fiscal years totaled $106.5 million (FY 2021), $114.8 million (FY 2022), and $153.1 million (FY 2023), with the contractor receiving monthly compensation between $1.0 million and $1.5 million. The contractor must maintain a local office of at least 26,000 square feet and employ approximately 225 full-time staff for collections and call center operations. The State intends to award one contract with a one-year implementation period to transition existing accounts from the current contractor. All work must be performed on-site in New Jersey, with remote work prohibited. The contractor may file Certificates of Debt with the Superior Court but is not permitted to pursue additional legal enforcement actions such as garnishments or levies.

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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

February 1, 2024

To: All Interested Bidders

Re: Bid Solicitation # 23DPP00796 T1426 - Administration of Deficient and Delinquent Tax Accounts

Quote Submission Due Date: February 21, 2024 (2:00 p.m. Eastern Time)

Bid Amendment #5

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

· This Bid Amendment includes:

· Answers to questions;

· An updated forms packet titled “T1426 Attachment 9 Standard Procurement Forms Packet 02-01-24” has been updated on the Attachments tab of this Revised Bid Solicitation in NJSTART, replacing the previous version dated 09-09-23;

· A revised Attachment 6 titled “T1426 Revised Attachment 6 Fingerprinting Guidelines 02-01-24” has been updated on the Attachments tab of this Revised Bid Solicitation in NJSTART, replacing the previous version dated 09-09-23;

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “T1426 Revised Bid Solicitation 02-01-24, and hereafter referred to in this document as the “Revised Bid Solicitation”. The additions, deletions, and/or revisions to the following Revised Bid Solicitation Sections are as followed:

· 1.2.1 Deficiency and Delinquency Operations – revised;

· 4.3.1 Access to TAXNET and TULIPS and Tax Information – revised;

· 4.4.1, Office Location and Hours of Operation – revised;

· 4.4.1.3, Access for Taxation Employees – revised;

· 4.5.2.2 Storage of Physical Case Folders – revised;

· 4.5.2.4 Follow-Up on Dun Notice – revised;

· 4.11 Contractor Transition Plan – revised;

· 5.1 Contract Term and Extension Option – revised;

· 5.4 Ownership of Material – revised;

· 5.10 Electronic Payments – revised;

· 6.1 Security Plan – revised;

· 6.25 Threat Management – revised;

· 7.1.1 Professional Liability Insurance – revised;

· 7.1.3 Cyber Breach Insurance – revised;

· 8.7 State’s Right to Inspect Bidder’s Facilities – revised;

· 8.14 Poor Performance – revised;

· 9.1 Crosswalk – revised; and

· 9.2 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 #23DPP00796 T1426 - Administration of Deficient and Delinquent Tax Accounts

Answers to Questions

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

#
Bid Solicitation

Section Reference Question (Bolded) and Answer

1
PDF Documents
When trying to open a Portable Document Format (PDF), I am receiving an error message and am unable to access the PDF. How should I proceed?

It is recommended that users utilize Microsoft Edge to view PDFs. Certain PDF forms cannot be opened in the Chrome or Firefox built in PDF viewers that are enabled by default. If using Chrome or Firefox it is recommended that the file is downloaded instead by clicking the download button in the upper right-hand corner of the browser after an error message is received. An alternative option is to disable the built in PDF viewers in Chrome or Firefox.

2
Quote Submission
Should I check that I have properly completed and attached all of the required documents with my submitted Quote?

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.

3
Quote Submission
Please confirm a vendor may deliver a hardcopy quote instead of submitting a response electronically.

No, all Quotes shall be submitted electronically through NJSTART.

Bidders may refer to the Vendor Registration and Submit a Quote Quick Reference Guides for instructions on how to enroll in NJSTART and how to submit an electronic Quote through NJSTART. The Quick Reference Guide entitled Submit a Quote is available here: https://www.state.nj.us/treasury/purchase/njstart/pdf/Create-a-Quote.pdf.

Additionally, to ensure that you have properly submitted the required documents you may also review the Quick Reference Guide entitled How to Review a Submitted Quote which is available here: https://www.state.nj.us/treasury/purchase/njstart/pdf/HowtoReviewaSubmittedQuote.pdf. Answers to Frequently asked Questions and all Quick Reference Guides are located on the NJSTART Vendor Support Page. If further assistance is needed, please email NJSTART Vendor Administration Team at: njstart@treas.nj.gov

4
Exceptions
Will the State allow Bidders to take exception to any of the Standard Terms and Conditions?

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)".

Additionally, as stated in Revised Bid Solicitation Section 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.”

5
Bid Solicitation Section 1.2, Background
Please describe your level of satisfaction with your current or recent vendor(s) for the same purchasing activity, if applicable.

The State declines to provide an evaluation of its current vendor as part of this Question and Answer Period.

6
Bid Solicitation Section 1.2, Background (Current Contract Questions)
How are fees currently being billed by any incumbent(s), by category, and at what rates?

The State is unable to provide this information in the manner requested.

As specified by Revised Bid Solicitation Section 1.2.1, Bidders interested in reviewing the current Contract specifications and pricing information may do so by following the instruction below. Bidders should not rely upon or use data or information from the current 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 T1426 and click “”

· The current Contract list will appear under “Results”

7
Bid Solicitation Section 1.2, Background
What billing servicer do you utilize?

The current State Contractor for the subject services is Pioneer Credit Recovery, Inc.

8
Bid Solicitation Section 1.2, Background
Please identify the current collection service provider for New Jersey Dept of Taxation.

The current State Contractor for the subject services is Pioneer Credit Recovery, Inc.

9
Bid Solicitation Section 1.2, Background
If applicable, will accounts held by any incumbent(s) or any backlog be moved to any new vendor(s) as a one-time placement at contract start up?

There will be a one (1) year implementation period, wherein all applicable placements will be transferred to a new Contractor. For additional information, please refer to Revised Bid Solicitation Section 4.4, Contractor – Implementation Period.

10
Bid Solicitation Section 1.2, Background
Please identify how long the current collection service provider has been in place (and provide a copy of the most recent contract).

The current Contractor has been in place since 2012. Information regarding the Contract can be found in NJSTART. Please reference Revised Bid Solicitation Section 1.2.1, Deficiency and Delinquency Operations for additional information.

11
Bid Solicitation Section 1.2, Background, Bid Solicitation Section 4.4.1, Office Location and Hours of Operations
Please identify the total number of employees of the current collection service provider working in local office space.

The total number of Contractor employees working in the local office space is 207.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

12
Bid Solicitation Section 1.2, Background

What estimated or actual dollars were paid last year, last month, or last quarter to any incumbent(s)?

Over the last fiscal year, the average monthly compensation to the Contractor has been $1.25M to 1.5M.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

13
Bid Solicitation Section 1.2.1, Deficiency and Delinquency Operations
Please identify the volume of placements and the total dollar value of these placements that have been referred for collection in each of the past 3 years.

Fiscal Year (FY) 2021 # of placements =317,697/value of placements =$893,878,065.00 FY 2022 # of placements =399,978/value of placements =$1,144,363,038.00 FY 2023 # of placements =384,810/value of placements =$1,278,286,785.00

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

14
Bid Solicitation Section 1.2, Background
What has been the historical rate of return or liquidation rate provided by any incumbent(s), and/or what is anticipated or expected as a result of this procurement?

The State is unable provide the historical rate of return or liquidation rate and unable to speculate the historical rate of return or liquidation rate.

The State is unable to provide what is anticipated or expected as a result of this procurement.

Please refer to the answer to Question #13 for available data from the three most recent fiscal years.

15
Bid Solicitation Section 1.2.1, Deficiency and Delinquency Operations
Please identify the total dollars collected by the current collection service provider in each of the past 3 years.

Fee eligible collection totals for the last 3 fiscal years:

FY 2021 =$106,525,328

FY 2022 =$114,760,059

FY 2023 =$153,062,407

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

16
Bid Solicitation Section 1.2.1, Deficiency and Delinquency Operations
RFP Page 2, Section 1.2.1 references averaged $114 million from FY 2013 through FY 2021. Is the $114M figure an annual fee sum earned and paid to the current collection service provider? Please clarify and provide perspective on this $114 million figure.

No. The $114M is not an annual fee sum earned and paid to the current Contractor. This was the Contractor Fee Eligible Revenues collected. On average, the Contractor was paid a fee based on this collection of $1M to $1.2M per month, or an average of $12M per fiscal year.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

17
Bid Solicitation Section 1.2.1, Deficiency and Delinquency Operations
Page 2 of the RFP states: "The Contractor Fee Eligible Revenues collected under the existing contract have averaged $114 million from FY 2013 through FY 2021." On average, how much revenue were you paying each of these vendors per month?

For Fee Eligible Revenues, the average monthly compensation to the Contractor has been $1M to 1.2M over the last Fiscal Year.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

18
Bid Solicitation Section 1.2.1, Deficiency and Delinquency Operations
What is the total dollar value of accounts available for placement now by category, including any backlog?

Business Accounts = $1,228,731,1007 Individual Accounts = $149,115,255.00

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

19
Bid Solicitation Section 1.2.1, Deficiency and Delinquency Operations
What is the total number of accounts available for placement now by category, including any backlog?

Business Accounts = 188,546 Individual Accounts = 109,454

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

20
Bid Solicitation Section 1.2.1, Deficiency and Delinquency Operations
What is the average balance of accounts by category?

Individual Accounts - $1,557.15 Business Accounts - $11,941

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

21
Bid Solicitation Section 1.2.1, Deficiency and Delinquency Operations
What is the average age of accounts at placement (at time of award and/or on a going-forward basis), by category?

At the time of placement with the current T1426 Contractor, an account is approximately 150-180 days (5-6 months) post initial bill issuance. Personal Income accounts are approximately 5 months aged vs. Business accounts are approximately 6 months aged.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

22
Bid Solicitation Section 1.2.1, Deficiency and Delinquency Operations
What is the monthly or quarterly number of accounts expected to be placed with the vendor(s) by category?

By Fiscal Months

Business Accounts July-Sept =10,661 Oct-Dec =9,613 Jan-Mar =11,572 Apr-Jun =8,722

Individual Accounts July-Sept =9,739 Oct-Dec =20,203 Jan-Mar =38,304 Apr-Jun =17,867

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

23
Bid Solicitation Section 1.2.1, Deficiency and Delinquency Operations
What is the monthly or quarterly dollar value of accounts expected to be placed with the vendor(s) by category?

By Fiscal Months Business Accounts

July-Sept=$53,653,283.76
Oct-Dec=$35,747,478.16
Jan-Mar=$83,520,732.76
Apr-Jun=$52,442,019.57

Individual Accounts July-Sept =$60,616,180.30 Oct-Dec =$45,993,065.30 Jan-Mar =$66,965,597.94 Apr-Jun =$82,117,852.11

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

24
Bid Solicitation Section 1.2.1, Deficiency and Delinquency Operations
Have all cases been fully adjudicated by the time of placement?

No, the Contractor will be expected to file Certificates of Debt (Docketed Judgments) with the Superior Court to secure outstanding debts, where applicable. No further legal action is permitted by the Contractor.

25
Bid Solicitation Sections 2.1, Electronic Questions and Answer Period and 2.3 Bid Amendments
What is the date by which you will answer these questions?

Answers to electronic questions are being provided as part of this Bid Amendment.

26
Bid Solicitation Sections 2.1, Electronic Questions and Answer Period and Section2.3, Bid Amendments
Our internal teams are performing a careful review and assessment of the contract scope and requirements. Considering that the Proposal Due Date is not until 11/2/23, would it be possible to extend the due date for questions by a couple weeks in order to provide sufficent time for you to provide answers and for us to formulate and sumbit? (This would be very helpful to develop optimal solutions for this contract)

The Quote opening date has been previously extended on multiple occasions.

In accordance with Revised Bid Solicitation Section 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.”

27
Bid Solicitation Section 2.3, Bid Amendments
Please reconfirm the due date for this procurement by providing it in response to answers to questions.

The date and time of the Quote opening are indicated on Page 1 of this Bid Amendment 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.

28
Bid Solicitation Section 2.6 B, Pre-Quote Document Review (Fair Debt Collection Practices Act)
2.6 requests that Bidders review the FDCPA. a. Is the State expecting awarded vendor to collect as a first party (calling in the State’s name) or as a third party (calling in the name of the vendor)?

The Contractor will collect as a third party, calling in their own name.

29
Bid Solicitation Section 2.6 B, Pre-Quote Document Review (Fair Debt Collection Practices Act)
2.6 requests that Bidders review the FDCPA. b. Does the State consider its debts to be governed by the FDCPA and Regulation F?

Debt placed with a third party collector is governed by the FDCPA and Regulation F.

30
Bid Solicitation Section 2.6 B, Pre-Quote Document Review (Fair Debt Collection Practices Act)
2.6 requests that Bidders review the FDCPA. c. If the successful vendor will be making calls as a third party, and in order to comply with the FDCPA and Regulation F, the following data must be supplied. Is the State able to provide this information? The initial validation notice sent by a debt collector will need to include an itemization date. For the itemization date, the CFPB has provided primary creditors with five specific options for the date: Last statement date, which is the date of the last periodic statement or written account statement or invoice provided to the consumer by a creditor OR Charge-off date, which is the date an account is written off to profit & loss OR Last payment date, which is the date the last payment was applied to the debt OR Transaction date, which is the date of the transaction that gave rise to the debt OR Judgment date.

The Contractor will be provided access to itemized Schedules of Liabilities, prior and current statement billing dates, account transfer and adjustment dates, payment dates, Judgment dates, and all other account transaction dates.

31
Bid Solicitation Section 3.13.8, Subcontractor Utilization Plan
3.13.8 Subcontractor Utilization Plan â?? Does the State consider vendors such as skip tracing vendors to be subcontractors?

Yes. A subcontractors is, in accordance with Revised Bid Solicitation Section 9.2, Definitions: “An entity having an arrangement with a Contractor, whereby the Contractor uses the products and/or services of that entity to fulfill some of its obligations under its State Contract, while retaining full responsibility for the performance of all Contractor's obligations under the Contract, including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Contractor.”

32
Bid Solicitation Section 3.13.8, Subcontractor Utilization Plan and Bid Solicitation Section 3.13.8.1, Small Business Enterprises and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract
Does this contract require sub-contracting?

The Bidder is not required to subcontract. In accordance with Revised Bid Solicitation Section 3.13.8, Subcontractor Utilization Plan: “Bidders intending to use Subcontractor(s) shall list all subcontractors on the Subcontractor Utilization Plan.”

If the Bidder intends to subcontract please note that this Bid Solicitation is a Small Business Enterprises and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract. Please see Revised Bid Solicitation Section 3.13.8.1, Small Business Enterprises and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract for additional information.

33
Bid Solicitation Section 3.13.8.1, Small Business Enterprises and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract
In the event proposer fails to provide for any subcontracting, how does that effect evaluation and scoring? What points are gained/lost?

Bidders are not evaluated and scored simply based on whether or not they choose to subcontract. Rather, Bidders will be evaluated and scored based upon the technical evaluation criteria set forth in Revised Bid Solicitation Section 8.9.1, Technical Evaluation Criteria. Please refer to the answer to Question #32 for information regarding subcontracting.

34
Bid Solicitation Section 3.13.8.1, Small Business Enterprises and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract
In the event prime contractor/collection service provider is capable of providing all services and without the necessity of sub-contracting (which minimizes security risks; maximizes efficiencies; etc) must prime contractor/collection service provider still utilize outsourced subcontract services?

The Bidder is not required to subcontract. Please refer to the answer to Question #32 for additional information.

35
Bid Solicitation Background, Bid Solicitation Section 3.13.8.1, Subcontractor Utilization Plan
3.13.8.1 Please provide examples of services that have been subcontracted by the current vendor.

There have been no subcontracted services by the current Contractor.

36
Bid Solicitation Section 3.13.8.1 (B), Small Business Enterprises and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract,
Does NJ accept any other SBE or DVBE certifications other than those listed on the New Jersey Small Business Enterprises and/or Disabled Veterans Business from the Division of Revenue and Enterprise Services (DORES), Small Business Registration and M/WBE Certification Services Unit.

No. In accordance with Revised Bid Solicitation Section, 9.2 Definitions: “Small Business - Pursuant to N.J.S.A. 52:32-19, N.J.A.C. 17:13-1.2, and N.J.A.C. 17:13-2.1, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one (1) of the six (6) following categories:

For goods and services - (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and (C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III).

For construction services: (A) 0 to $3,000,000 (Category IV); (B) gross revenues that do not exceed 50 percent of the applicable annual revenue standards established at 13 CFR 121.201 (Category V); and (C) gross revenues that do not exceed the applicable annual revenue standards established at CFR 121.201, (Category VI).”

Disabled Veterans’ Business - means a business which has its principal place of business in the State, is independently owned and operated and at least 51% of which is owned and controlled by persons who are disabled veterans or a business which has its principal place of business in this State and has been officially verified by the United States Department of Veterans Affairs as a service disabled veteran-owned business for the purposes of department contracts pursuant to federal law. N.J.S.A. 52:32-31.2.

37
Bid Solicitation Section 3.13.8.1, Small Business Enterprises and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract
3.13.8.1 Will subcontracting to small businesses who are located outside the State of New Jersey qualify?

Please refer to the answer to Question # 36.

38
Bid Solicitation Section 3.13.8.1, Small Business Enterprises and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract
Please confirm that there are no specific Small Business or Disabled Veteran set aside goals for this RFP.

There is no specific set-aside goal for this contract.

However, pursuant to Revised Bid Solicitation Section 3.13.8.1, Small Business and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract, if a Bidder intends to subcontract, it must submit a Subcontractor Utilization Plan and make a good faith effort to solicit and hire eligible Small Business and/or Disabled Veterans’ Business Subcontractor where possible.

Set-aside goals are set forth in New Jersey statute and/or regulation. The established goals are for State contracting entities, not Contractors. If a Contractor intends to use a subcontractor to perform work, it should be guided by the instructions set forth in the Bid Solicitation regarding the use of subcontractors.

39
Bid Solicitation Sections 3.13.8.1, Small Business Enterprises and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract, Section 3.8, Small Business Set-Aside Contract, and Section 3.9, Disabled Veterans’ Business Set-Aside Contract
"This is a Contract with set-aside subcontracting for New Jersey Small Business Enterprises and/or Disabled Veterans? Business." This seems to contradict Section 3.8 and 3.9. Please confirm that if you subcontract any portion of the work, you must show GFE to solicit and hire SBE or DVBE firms. If self performing 100 % of work than GFE does not apply

Revised Bid Solicitation Sections 3.8, Small Business Set-Aside Contracts and Section 3.9, Disabled Veterans’ Business Set-Aside Contract are not applicable to this procurement. These sections, when applicable, refer to set-asides specific to the Bidders, rather than subcontracting set-asides.

Please refer to the answers to Questions #32 and #38, as well as Revised Bid Solicitation Section 3.13.8.1, Small Business and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract.

40
Bid Solicitation Section 3.13.8.1, Small Business Enterprises and/or Disabled Veterans’ Business Subcontracting Set-Aside Contract and Section 9.2, Definitions
Would a firm that provides PC equipment to be used on this project be considered a subcontractor or a vendor as it relates to set aside subcontracting?

The State would only consider a party identified on a Bidder's Subcontractor Utilization Plan as a Subcontractor.

A subcontractor is, in accordance with Revised Bid Solicitation Section 9.2, Definitions: “An entity having an arrangement with a Contractor, whereby the Contractor uses the products and/or services of that entity to fulfill some of its obligations under its State Contract, while retaining full responsibility for the performance of all Contractor's obligations under the Contract, including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Contractor.”

A Contractor is: “The Bidder awarded a Contract resulting from this Bid Solicitation.”

In the example provided, the Division would not consider a vendor providing PC equipment or office equipment to the Contractor as part of its normal business operations to be a subcontractor.

41
Bid Solicitation Sections 3.14, Technical Quote and Section 3.15, Management Overview
RFP Sections 3.14 Technical Quote and 3.15 Management Overview (pgs. 10-11) contain several of the same submission instructions (i.e., provide approach for accomplishing scope of work). Please clarify exactly what information the State is seeking in each of these proposal sections.

The Bidder should include the level of detail it determines necessary to assist the Evaluation Committee in its review of the Bidder’s Quote. Refer to the answer to Question #42 for additional information.

42
Bid Solicitation Sections 3.14 Technical Quote and Section 3.15 Management Overview
Is the State expecting a point-by-point response to the Scope of Work? If yes, please confirm which section Bidders should include this information (i.e., Technical Quote (RFP section 3.14) or Management Overview (RFP section 3.15)).

As part of its Quote, the Bidder must meet the requirements set forth by both Revised Bid Solicitation Sections 3.14, Technical Quote, and 3.15, Management Overview. The Bidder may include its Management Overview as a part of its Technical Quote, or separately as part of the Quote, so long as all requirements are met and all directions specified by the Bid Solicitation are followed. The Bidder should include the level of detail it determines necessary to assist the Evaluation Committee in its review of the Bidder’s Quote.

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Bid Solicitation Sections 3.20, Organization Experience and Section 3.24,Experience with Contracts of Similar Size and Scope
Both RFP sections 3.20 Organizational Experience (pg. 11) and 3.24 Experience with Contracts of Similar Size and Scope (pg. 12) contain requests for references. Please confirm which section Bidders should include reference information.

Bidders should provide the information requested by Revised Bid Solicitation Sections 3.20, Organization Experience, and Section 3.24, Experience with Contracts of Similar Size and Scope in the manner requested by each respective section.

44
Bid Solicitation Section 3.26, State-Supplied Price Sheet Instructions
Are bidders permitted to deviate in any way from any manner of quoting fees you may be expecting? For example, if there is a pricing page in the RFP, can bidders submit an alternate fee structure? If there is no pricing page in the RFP, do you have any preference for how bidders should quote fees or can bidders create their own pricing categories?

The Bidder must submit pricing using the format set forth in the State-Supplied Price Sheet accompanying this Bid Solicitation. Any additional or supplemental versions of the State-Supplied Price Sheet will not be accepted and may result in the Bidder’s Quote deemed non-responsive.

45
Bid Solicitation Section 4, Scope of Work
What collection attempts are performed or will be performed internally prior to placement?

The taxpayer is subject to our billing process lasting approximately 5-6 months, prior to being placed with the Contractor for further collection action. The taxpayer may have been outreached directly by Division of Taxation (Taxation) personnel via telephone or in writing.

46
Bid Solicitation Section 4, Scope of Work
Will the selected vendor be allowed to litigate balances exceeding a certain dollar amount on your behalf, with your explicit approval?

The Contractor can file a Certificate of Debt with the Superior Court of New Jersey, on the State’s behalf. No further collection or legal action may be taken by the Contractor.

Please see Revised Bid Solicitation Section, 4.5.2.5, Certificate of Debt for additional information.

47
Bid Solicitation Section 4, Scope of Work
Can you please indicate what inbound and outbound contact methods, beyond phone calls or letters (such as email and text), would be permitted by the scope of work?

Phone calls, letters, emails are permitted. Accessing and sharing of FTI with the taxpayer is not permitted.

48
Bid Solicitation Section 4, Scope of Work
What process should a vendor follow, or which individual(s) should a vendor contact, to discuss budget-neutral services outside of the scope of this procurement, but related to it, designed to recover more debt prior to outside placement and lower collection costs?

These inquiries can initially be made to the State Contract Manager. In accordance with the New Jersey State Standard Terms and Conditions Section 5.14, Contract Amendment: “Except as provided herein, the contract may only be amended by written agreement of the State and the contractor.”

49
Bid Solicitation Section 4, Scope of Work
How do your current processes and/or vendor relationship(s) systematically determine if the death of a responsible party has occurred?

The State does not use date of death to bypass any cases from going through the collections process, particularly transferring to the Contractor. The collection process continues until the debtor (their estate/beneficiary) provide proof to the State or Contractor (whomever has possession of the debt) that the named taxpayer is deceased. However, the Contractor is not involved with identifying or filing probated estate claims. This process is completed by the State, manually. Taxation is notified of the death of a decedent via Form O-14, Surrogate Court; Form O-71, Financial Institutions; Form L-8, Financial Institutions; Inheritance Tax Returns; Estate Tax Returns; Form IT-EP, Estimated Payments; IT-EXT, Extensions; Form L-4; Form L-9 and Petitions filed with the New Jersey Courts.

Collection efforts may continue to attach to the taxpayer/estate until satisfied in full or as agreed.

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Bid Solicitation Section 4, Scope of Work
How do your current processes and/or vendor relationship(s) handle the death of a responsible party?

Please refer to the answer to Question #49.

51
Bid Solicitation Section 4, Scope of Work
Do you have a designated process or policies around deceased accounts today, and what is envisioned in the future?

Please refer to the answer to Question #49.

52
Bid Solicitation Section 4, Scope of Work
Do you currently search and file probated estate claims? Have you considered an automated tool to identify and file probated estate claims?

The Contractor does not file probated estate claims. All verifications of estate claims are completed by the State, prior to transfer to the Contractor. A revised process may be considered in the future.

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Bid Solicitation Sections 4.1, Contract Specific Definition/Acronyms and Section 4.10.2 Not Contractor Fee Eligible Revenue
4.1 Definition of Not Contractor Fee Eligible Revenue - Please further explain the following scenarios in which vendors do not receive fee: a. Monies with an Applied Date greater than seven (7) calendar days after the Case is transferred from the caseworker b. Payments with an applied date (original or adjusted) less than seven (7) calendar days after the statutory due date of that payment/return

Once a Case is transferred from a Contractor caseworker back to the State, the Contractor will receive a fee for any payments received with a valid Applied Date (the date the payment was applied systemically) within 7 calendar days. After the 7th calendar day from Case transfer back to the State, no fee will be paid to the Contractor for payments received on the Case.

The Contractor will not receive a fee for payments received on a case less than 7 calendar days after the due date of the payment/return. The Contractor will receive a fee for payments received after the 7th calendar day from the statutory due date.

Please see Revised Bid Solicitation Section 4.10.2, Not Contractor Fee Eligible Revenue for additional information.

54
Bid Solicitation Section 4.1, Contract Specific Definitions/Acronyms
Does GENTS require a mainframe emulator (Attachmate Ver 9.0) or does GENTS provide a non-emulation GUI (graphical user interface)?

Yes, GENTS requires a mainframe emulator.

55
Bid Solicitation Section 4.3, Duties and Obligations -Taxation
Question #1 - Please provide the volumes for collections, and

Please refer to the answer to Question #13.

Questions #2 - please define the call volumes for the call center portion so we can understand the staffing needs

Call center answered 860,033 calls for FY 2023.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

56
Bid Solicitation Section 4.3, Duties and Obligations -Taxation
Does the Department experience seasonal spikes, for example during tax season? Historical volume numbers would be helpful.

Seasonal spikes are experienced during ANCHOR Program season (August – December) and PTR season (March – July).

Highest historical month was February 2023 with 110K calls answered.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

57
Bid Solicitation Section 4.3, Duties and Obligations -Taxation
Please provide SLAs or KPIs.

The Division is unable to provide the information as requested. Refer to the Revised Bid Solicitation for all contract requirements.

58
Bid Solicitation Section 4.3.1, Access to TAXNET and TULIPS and Tax Information
How will the Contractor access TAXNET? Desktop Application, Attachmate, URL, VDI, Emulation Software, etc.?

TAXNET - Currently have a dedicated T-1. In the process of moving to IPSecurity (IPSec).

Desktop Applications are accessed through Citrix.

59
Bid Solicitation Section 4.3.2, Placement Assignment and Identification
To what extent are these accounts owed by private consumers versus commercial businesses?

Business debts account for 38% by volume (number of available cases) and 64% of the debt balance.

Individual debts account for 62% by volume (number of available cases) and 36% of the debt balance.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

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Bid Solicitation Sections 4.4.1, Office Location and Hours of Operations and Section 4.4.8 Labor Classifications
Page 19 of the RFP states: The work force consists of approximately 130 employees in collections and 50 in the Call Outsourcing Center. How did you determine that this is the optimal number of employees; how are these numbers calculated? Page 22 and 23 have detailed job descriptions and work requirements. Why did you develop these; what is the reasoning behind this specificity?

Collections staffing is determined by the Contractor, based on their caseworker attrition rates and case placement volumes;

Call volume for programs that we utilize the Contractor’s Call Center Services for determines the number of employees needed to meet call demand. Our most recent program, ANCHOR, significantly increased call volume and the Contractor was approved to increase staffing accordingly.

The job descriptions and requirements detail the skills and functions required of the Contractor to successfully perform on the State’s collection contract, which closely mirrors the functions of our State employees. This creates uniformity and continuity in how we service the taxpayer.

61
Bid Solicitation Section 4.4.1, Office Location and Hours of Operations (Current Contract Questions)
Does the current collection service provider maintain office space within 40 miles of Trenton, NJ?

Yes.

62
Bid Solicitation Section 4.4.1, Office Location and Hours of Operations (Current Contract Questions)
Does NJDOT require collection service provider to provide local office space to allow NJDOT employees to work in the local office space?

Yes. Taxation staff works on-site at the Contactor’s location, each day.

63
Bid Solicitation Section 4.4.1, Office Location and Hours of Operations (Current Contract Questions)
Please describe the square footage of the local office space for the current collection service provider.

The current Contractor occupies an office space of approximately 31,800 sq. ft.

64
Bid Solicitation Section 4.4.1, Office Location and Hours of Operations (Current Contract Questions)
RFP Page 17, Section 4.4.1. Does the 26000 sq ft office space describe current office space utilized by the current collection service provider?

No. The current Contractor’s space exceeds this square footage. Please refer to the answer to Question #63.

65
Bid Solicitation Section 4.4.1, Office Location and Hours of Operations
What purpose is served that benefits NJDOT by requiring local office space?

The Division maintains physical office space for State employees who provide onsite assistance and in-person oversight to the Contractor. In addition, State employees are engaged in delivering and reviewing physical case files. The State Contract Manager also visits the physical location periodically.

66
Bid Solicitation Sections 4.4.1, Office Location and Hours of Operations and Section 4.4.8 Labor Classifications
Will you allow bidders to utilize remote collectors in the State of New Jersey?

No. Remote collectors are not permitted.

67
Bid Solicitation Section 4.4.1, Office Location and Hours of Operations
4.4.1 The State outlines the sizes of the current facility in this section, stating that 11,000 square feet is dedicated to collection activity. a. Does the State feel that facility size is ample for the required staff? b. Is 100% of the workforce currently working in the office? c. What percentage of the workforce is currently working remotely?

100% of the Contactor’s staff works onsite daily. They are not permitted to work remotely.

Contractor’s current staff operates sufficiently in this space.

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Bid Solicitation Section 4.4.1, Office Location and Hours of Operations
Does all work have to be performed at the site in NJ, or can our ancillary staff (such as Accounting or Client Service) in offices support the contract once they have received clearance from the State?

All work will be performed at the Contractor’s office location.

69
Bid Solicitation Section 4.4.1, Office Location and Hours of Operations (Current Contract Questions)
RFP Page 17, Section 4.4.1. Are the 130 + 50 employees in current office space all employed by current collection service provider? If not, please provide description of these employees.

Yes. All are employed by the current Contractor. In addition, Taxation maintains offices within this location, staffed with our own Taxation employees.

70
Bid Solicitation Section 4.4.1, Office Location and Hours of Operations
Does NJDOT anticipate that collection service provider will need upwards of 225 full time employees to fulfill the requirements of the collection contract?

Yes.

71
Bid Solicitation Section 4.4.1, Office Location and Hours of Operations
Please confirm all services provided for this project are required to be worked on-site and within the State of New Jersey.

All work will be performed at the Contractor’s office location.

72
Bid Solicitation Section 4.4.1.3, Access for Taxation Employees
Section 4.4.1.3. Are all individuals who will utilize dedicated private office space in the collection service provider local office location employees of the State of New Jersey? If not, please describe the employer and the scope of services they provide to NJDOT.

Yes. Only State employees will occupy the dedicated private office space.

Please reference Revised Bid Solicitation Section 4.4.1.3, Access for Taxation Employees as this section has been revised.

73
Bid Solicitation Section 4.4.2, Computer and Software Compatibility
This refers to Attachmate Version 9.0, which was purchased by Microfocus and then purchased by OpenText. Question - What is the OpenText model that is the equivalent to Attachmate Version 9.0?

OpenText Host Explorer v15.05 would be the replacement to Micro Focus Reflections.

74
Bid Solicitation Section 4.4.2, Computer and Software Compatibility
What are the minimum PC requirements for access to the various Taxation systems? Specifics for processor, RAM, Hard Drive, Monitor resolution, number of monitors, etc.

The current Contract environment contains/requires the following:

Processor = Core i5, Core i7 is preferred Hard drive = NVMe SSD 512GB

RAM = 16GB

Monitor Resolution = full HD video card with 1920x1080p Two monitors

Please note that this is subject to change.

75
Bid Solicitation Section 4.4.2, Computer and Software Compatibility
Section 4.4.2. May collection service provider maintain the main database systems at a secure facility outside of New Jersey (or in the cloud, etc) that provides access to computer hardware/software within the local New Jersey office?

Database systems may be maintained at a secure facility outside of New Jersey, but must be within the legal jurisdictional boundary of the United States. In accordance with Revised Bid Solicitation Section 6.7, Contract Award: "The Contractor must not store or transfer State of New Jersey data outside of the United States."

76
Bid Solicitation Sections 4.4.2, Computer and Software Compatibility, and Section 4.3.1, Access to TAXNET and TULIPS and Tax Information
Much mention is made of TAXNET/TULIPS and the conglomeration of systems that the State utilizes. Does your current vendor utilize a separate (their own) collection system for their collection notes and tracking?

No. The current contractor utilizes Citrix to access our mainframe system. They do not use any other non-State owned system to perform collection work. Collection notes are recorded in TAXNET and the physical case file.

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Bid Solicitation Sections 4.4.2, Computer and Software Compatibility, and Section 4.3.1, Access to TAXNET and TULIPS and Tax Information
What is your case management/accounting software system of record?

TULIPS is the Division of Taxation’s current Case management system. The system is a proprietary system built on an IBM mainframe that allows the Division to catalog, distribute, and track debts as they go through the collections process.

TULIPS is currently part of the Division’s Tax Modernization Project and is scheduled to be replaced over the next few years with a new web based platform.

78
Bid Solicitation Section 4.4.3, Telephone Monitoring Access
4.4.3 states that we should retain all conversations for up to one year. Does the State have any objections to the successful vendor keeping the data for a period of three years to comply with the terms of the Consumer Financial Protection Bureau (CFPB).

No, the State would not object.

79
Bid Solicitation Sections 4.4.8, Labor Classifications, Section 4.4.8.1, Collections Job Descriptions, and Section 4.4.8.2, Call Outsourcing Center/Customer Services Outsourcing Job Descriptions
Page 22 and 23 have detailed job descriptions and work requirements. Why did you develop these; what is the reasoning behind this specificity?

The job descriptions and requirements detail the skills and functions required of the Contractor to successfully perform on the State’s collection contract, which closely mirrors the functions of our State employees. This creates uniformity and continuity in how we service the taxpayer.

80
Bid Solicitation Section 4.4.8.1, Collections Job Descriptions
Section 4.4.8.1. These requirements appear to require creation of a physical case folder for every referred account. Due to increased efficiencies in computer technology, will NJDOT waive this physical case folder requirement; or explain the necessity and benefit that NJDOT receives by requiring physical files/paper files.

The State is not considering waiving the creation of a case folder requirement at this time. However, in many instances, the Contractor will receive an already created case folder from the State, eliminating the need to recreate or duplicate the case file. The Contractor will be required to create case folders for new cases that can be transferred and referenced with all applicable taxpayer and Contractor correspondence, in accordance with the Division’s current case management and retention policy.

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Bid Solicitation Section 4.4.9, Quality Assurance Performance Plan and Standards

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