T1616 QA Bid Amendment 3 03.07.25~1.docx

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Attached to
T1616 Data Access Services: Web-based Investigative and Locator Data
Solicitation number
25DPP01070
Issued by
Mercer County, New Jersey

About this file

This document is a Bid Amendment for Bid Solicitation #25DPP01070 issued by the New Jersey Department of the Treasury's Division of Purchase and Property, pertaining to Data Access Services: Web-based Investigative and Locator Data. The solicitation seeks quotes for web-based research and investigative data services, with the state intending to award multiple contracts across three service categories: basic and advanced services, ad-hoc and high-volume batch processing, and transactional rate access. The original quote submission deadline of March 19, 2025, has been extended to April 23, 2025, at 2:00 p.m. Eastern Time. The contract will have a three-year base term with two optional one-year extensions, and bidders are encouraged to submit quotes for one or more categories.

The bid amendment includes numerous revisions to the original solicitation, with updates to sections covering purpose, search requirements, technical specifications, and service levels. Pricing will be structured through a state-supplied price sheet with ceiling prices, and the evaluation will utilize a weighted consumption model. The procurement includes a set-aside for New Jersey Small Business Enterprises and requires comprehensive security compliance, including a detailed Security Questionnaire. Bidders must provide access to one or more search requirements listed in the solicitation, with a focus on supporting investigations, news research, and screening of persons and firms. The state will evaluate quotes based on technical capabilities, pricing, and adherence to specified requirements, with an emphasis on providing flexible, comprehensive data access services for state agencies and cooperative purchasing participants.

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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

03/07/2025

To: All Interested Bidders

Re: Bid Solicitation # 25DPP01070 Data Access Services: Web-based Investigative and Locator Data

Quote Submission Due Date: March 19, 2025 (2:00 p.m. Eastern Time) REVISED Quote Submission Due Date: April 23, 2025 (2:00 p.m. Eastern Time)

Bid Amendment #3

The following constitutes Bid Amendment #3 to the above referenced Bid Solicitation:

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

· A second Electronic Question and Answer period has been opened. The second Electronic Question and Answer period will be limited only to questions related to the revised sections of the Revised Bid Solicitation. Electronic Bidder questions for the second Electronic Question and Answer period are due by 2:00 p.m. Eastern Time on March 21, 2025;

· The Quote Submission Due Date has been extended from March 19, 2025, to April 23, 2025;

· A revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25.”

· Please note that for all additions, deletions, clarifications, and modifications to the Bid Solicitation, Bidders should refer to the Revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25” and attached to the Bid Solicitation Attachments Tab in NJSTART. Revised Sections include:

· Bid Solicitation Section 1.1;

· Bid Solicitation Section 1.2;

· Bid Solicitation Section 3.12;

· Bid Solicitation Section 3.28;

· Bid Solicitation Section 3.28.2;

· Bid Solicitation Section 4.1;

· Bid Solicitation Section 4.1.1;

· Bid Solicitation Section 4.5;

· Bid Solicitation Section 4.7;

· Bid Solicitation Section 4.8;

· Bid Solicitation Section 5.1;

· Bid Solicitation Section 5.2;

· Bid Solicitation Section 5.5;

· Bid Solicitation Section 5.11

· Bid Solicitation Section 6.1;

· Bid Solicitation Section 6.6;

· Bid Solicitation Section 8.15;

· Bid Solicitation Section 8.17;

· Bid Solicitation Section 8.17.1; and

· Bid Solicitation Section 8.17.2.

· A revised State-Supplied Price Sheet entitled, “T1616 Revised Attachment 3: Price Sheet 03.07.25.”

· Please note that for all additions, deletions, clarifications, and modifications to the State-Supplied Price Sheet, Bidders should refer to the Revised State-Supplied Price Sheet entitled, “T1616 Revised Attachment 3: Price Sheet 03.07.25;”

· A Search Requirements Checklist, referenced in revised Bid Solicitation Sections 3.12 and 4.1 and entitled, “T1616 ATTACHMENT 6 – Search Requirements Checklist 03.07.25;” and

· An updated Security Questionnaire entitled, “T1616 Security Questionnaire 03.07.25.”

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 #25DPP01070 Data Access Services: Web-based Investigative and Locator Data

Answers to Questions

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

Note: Some questions may have been paraphrased in the interest of readability and clarity.

#
Bid Solicitation

Section Reference Question (Bolded) and Answer

Quote Submission
Q: Please confirm a Bidder may deliver a hardcopy quote instead of submitting a response electronically.

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

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

A: 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
PDF Documents
Q: 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?

A: 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.

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

A: As stated in 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 Bid Solicitation Section 3.11, 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.

5
Bid Solicitation Cover Page- Bid Opening Date
Q: The Bid Solicitation timeline on page 1 does not provide a date for the State's answers to Bidders' questions. Before we can prepare a full bid, it is essential to have sufficient time to consider the State's responses to inquiries. The Contract is very important to Bidders and Using Agencies, and Bidders want to consider your needs carefully. To that end, we respectfully request a bid opening date that is at least 15 business days after the State responds to all final inquiries.

A: The State is providing the answers to Bidder electronic questions within this Bid Amendment. Additionally, the State is opening the electronic portal for a second round of electronic Bidder questions. Additional Bidder questions are due by 2:00 p.m. Eastern Time on March 21, 2025. Refer to the cover page of this Bid Amendment for restrictions to the second Electronic Question and Answer period.

Should the State need to revise Quote opening, a Bid Amendment will be issued advising Bidders of the change.

The State intends to answer all questions submitted in a timely manner.

6
Bid Solicitation Section 1.1- Purpose and Intent
Q: Bid Solicitation Section 1.1, second paragraph says, "The State, however, reserves the right to separately procure individual requirements that are the subject of the Contract during the Contract term ...." Please elaborate further on what this means.

A: This section of the Bid Solicitation states that the State reserves the right to separately procure individual requirements at any time from other Contractors that are the subject of the Contract during the Contract term.

7
Bid Solicitation Section 1.1-Purpose and Intent
Q: Bid Solicitation Section 1.1, first paragraph, mentions "screening" of people and firms as a purpose of the Contract. Please consider changing "screening" to "researching or investigating." We desire this change to help avoid the impression that our solution can be used for employment screening, which is a prohibited use of our solution pursuant to the federal Fair Credit Reporting Act.

A: The State accepts this modification. Please refer to the Revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25.”

8
Bid Solicitation Section 1.1- Purpose and Intent
Q: Page 1, RFP Section 1.1, Purpose and Intent: The stated purpose of the Solicitation indicates support of investigations, news research, and the screening of persons and firms. The screening of persons appears to align with several search requirements that are regulated by the Fair Credit Reporting Act (FCRA), i.e., consumer credit reporting (p), individual employment records (e), and employer information (f). However, products intended for FCRA purposes must not be used for non-FCRA purposes and vice versa. Section 4.1.1, Search Requirements, indicates that “The Contractor’s service shall provide access to [items ‘a’ through ‘ii’].” To maximize competitive ability for Bidders to meet all of the search requirements, would the State consider excluding the FCRA-regulated search requirements from this RFP or consider them non-mandatory?

A: The State has revised Section 1.1 and Section 4.1.1 in the Revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25.” Specifically, Section 4.1.1 has been revised to state the following: “The Contractor shall provide access to one (1) or more of the following services.”

Additionally, the State has added Attachment 6 – Search Requirement Services Checklist, for Bidders to submit with their Quote. Bidder responses to Appendix-A are intended to identify the Bidder’s search options provided for each category of service listed in Section 4.1.1.

9
Bid Solicitation Section 1.1- Purpose and Intent
Q: Page 1, RFP Section 1.1, Purpose and Intent: Please clarify if the Contract(s) resulting from this RFP will be considered mandatory for state agencies, local agencies, and/or cooperative purchasing entities.

A: Pursuant to Bid Solicitation Section 1.1 Purpose and Intent - The purpose of this Bid Solicitation is to solicit Quotes to secure the needed goods and / or services. The State declines to further revise or amplify the language as set forth in the Bid Solicitation.

10
Bid Solicitation Section 1.1- Purpose and Intent
Q: Page 1, RFP Section 1.1, Purpose and Intent: This section indicates that the State’s intent is to award up to two (2) Contracts. Please clarify whether the two awards would be dual awards across all categories (1, 2, and 3), so that purchasing agencies can choose which vendor to purchase from for Category 1, 2, or 3, similar to the dual Blanket POs for Legal Research Services (T2311).

A: The State has amended the language in Section 1.1 in the Revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25” to clarify that the State intends to award multiple Contracts per category, which means each category (1, 2, and 3) could have its own separate award. Bidders are encouraged to submit Quotes for one (1) or more category, but are not required to bid on all categories.

11
Bid Solicitation Section 1.1- Purpose and Intent
Q: Page 1, RFP Section 1.1, Purpose and Intent: This section notes that third-party gateway services are beyond the scope of this Contract. Please clarify the meaning and intent of this statement. This Contractor’s offered products have several search requirements/data sets that are accessed via gateway from the offered online application to the data source. Are we correct in understanding that gateway access to data/features within the offered products is acceptable?

A: The State intends to use products provided directly by the Contractor and will not use products accessed through a third-party gateway. This means that while Bidder offered products can include search requirements or data sets accessed through a gateway within an online application, they should not rely on third-party gateways outside of the Bidder’s direct offerings.

12
Bid Solicitation Section 2.1- Electronic Question and Answer Period

Q: During the procurement and prior to award, it's possible that urgent issues may arise that would require the State's attention. These may include but are not limited to: potential errors or inconsistencies in solicitation amendments and/or answers to questions, or possible future uncertainty related to the procurement timeline. We discussed this potential with the State during the Sept. 4 Pre-Quote Submission Conference and pointed out that Bid Solicitation Section 2.1 prohibits our notifying the Procurement Specialist directly. The State advised we may communicate urgent issues instead to NJSTART, which would forward the notification to the Procurement Specialist. Please confirm our understanding of the State's instruction is correct, and the appropriate contact for NJSTART is njstart@treas.nj.gov. Bid Solicitation Section 1 on page 1 identifies that email address but only for the purpose of inquiries concerning use of NJSTART.

A: A Bidder shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone, or by e-mail, concerning this Bid Solicitation, prior to Contract award. Should any issues arise that Bidder believes require the State's attention, the Bidder shall contact NJSTART at njstart@treas.nj.gov.

13
Bid Solicitation Section 2.2- Electronic Question and Answer Period
Q: Bid Solicitation Section 2.2 requires Bidders to use the electronic question and answer period to propose changes to the State Standard Terms and Conditions. Questions are due Sept. 13. Based on past experience, the State's responses may prompt additional questions and concerns from Bidders. Since the electronic Q&A is the only identified method of Contract negotiations, please add to the timeline a second deadline/opportunity for Bidders' follow-up questions after the State posts its initial responses.

A: The State is opening the electronic portal for a second round of electronic Bidder questions. Additional Bidder questions are due by 2:00 p.m. Eastern Time on March 21, 2025. Refer to the cover page of this Bid Amendment for restrictions to the second Electronic Question and Answer period. Only questions related to the revisions made in response to the first round of Q&A can be addressed at this time.

14
Bid Solicitation Section 3.13.8.1- Set-Aside Subcontracting
Q: The Bid Solicitation cover page and Bid Solicitation Section 3.13.8.1 indicate this is a Contract with set-aside subcontracting for New Jersey Small Business Enterprises. Section 3.13.8.1 requires both a Subcontractor Utilization Plan and documentation of good faith effort to solicit and hire eligible New Jersey Small Business "[i]f the Bidder intends to subcontract." Section 3.13.8 says further, "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." We do not intend to use subcontractors, and there is no opportunity for us to do so for this Contract. Do we interpret these sections correctly that for a Bidder in our position, none of the following is required: a subcontract with a New Jersey Small Business Enterprise, a Subcontractor Utilization Plan, and documentation of good faith efforts?

A: According to Bid Solicitation Section 3.13.8.1, if a Bidder intends to use subcontractors, they must submit a Subcontractor Utilization Plan and demonstrate good faith efforts to engage New Jersey Small Business Enterprises. Bidders not intending to utilize a subcontractor do not have to submit the Subcontractor Utilization Plan.

15
Bid Solicitation Section 4.1- Required Services
Q: Page 13, RFP Section 4.1, Required Services, Category 2 – Batch Processing: The description indicates that “The Contractor shall provide ad-hoc batch and high-volume batch results that consist of … [individuals’] income …” This Contractor is not a consumer credit reporting entity and does not provide FCRA-regulated data, such as income data on individuals. Will the State remove FCRA-related requirements from this RFP or render them non-mandatory?

A: The State has updated Section 4.1 in the revised Bid Solicitation to read “The Contractor shall provide access to one (1) or more of the search requirements in Bid Solicitation Section 4.1.1 and as designated with a “yes” selection in Attachment 6 – Search Requirements Checklist, for any awarded Category.” Please see the revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25” for more information.

16
Bid Solicitation Section 4.1- Required Services
Q: Page 13, RFP Section 4.1, Required Services, Category 2 – Batch Processing: The last statement in this section indicates that “… it is expected that the Contractor will return the most recent data available for the requirements defined in Section 4.1.1.a through 4.1.1.ii,” Not all of the data represented by the search requirements is available in batch format. Will it be sufficient for Contractors to indicate in their proposals the search requirements that are available via batch?

A: The State has amended Bid Solicitation Section 4.1, Required Services, Category 2, in the Revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25.” This section has been revised to require that Contractors provide the most recent data in batch format, if it is available. Bidders may provide the level of detail in their Technical Quote that it deems necessary for Quote evaluation.

17
Bid Solicitation Section 4.1- Required Services, Category 2 - Batch Processing
Q: Page 13, RFP Section 4.1, Required Services: In this Contractor’s experience, batch customers are typically focused on particular data rather than seeking a broad array of content types in batch processing. May Contractors provide selected data in the Category 2, Batch High-Volume (tiered) Pricing, and allow Using Agencies to select from a broader range of available batch searches per ad-hoc pricing?

A: The State declines to alter or modify the State Supplied Price Sheet. Bidders are directed to review Bid Solicitation Section 3.28, State Supplied Price Sheet Instructions. All pricing must be submitting on the State Supplied Price Sheet.

18
Bid Solicitation Section 4.1.1- Search Requirements
Q: Page 14, RFP Section 4.1.1, Search Requirements: As also referenced in an earlier question, while most of the search requirements involve public records and related information for supporting investigations, several search requirements appear to be regulated by the Fair Credit Reporting Act (FCRA), i.e., consumer credit reporting (p), individual employment records (e), and employer information (f). However, products intended for FCRA purposes must not be used for non-FCRA purposes and vice versa. Section 4.1.1, Search Requirements, indicates that “The Contractor’s service shall provide access to [items ‘a’ through ‘ii’].” To maximize competitive ability for Bidders to meet all of the search requirements, would the State consider excluding the FCRA-regulated search requirements from this RFP, or consider them non-mandatory?

A: The State has amended Bid Solicitation Section 4.1.1, Search Requirements, in the Revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25.” The section now requires that the Contractor provide one (1) or more of the listed services.

19
Bid Solicitation Section 4.1.1- Pricing
Q: Using Agencies have varying content needs. Some may prefer a flat-rate online research solution that omits certain content in Bid Solicitation Section 4.1.1 at a reduced rate. Others may desire a flat rate service that combines select elements of Basic and/or Advance listings, resulting in a lower fee than the full Advance Service. Here are examples of Section 4.1.1 items that import additional fees: consumer credit reporting (p), available transactionally only and not through a monthly flat fee; news (r); social networking (w); OSHA inspections, accidents and violations (ee); healthcare specialties (ff); real-time incarceration and arrest records (hh); and license plate recognition data (ii). To accommodate agencies' needs and allow greater pricing flexibility, may Bidders provide a separate price sheet -- in addition to Attachment 3 -- presenting other options?

A: Bidders must submit pricing utilizing the State-Supplied Price Sheet, included as Attachment 3. Bidders may explain their pricing within their Quote, but may not include additional or separate price sheets presenting other options. The Bidder should include the level of detail it determines necessary to assist the evaluation of the Bidder’s Quote but are cautioned not to include additional fees or costs not already included in the State-Supplied Price Sheet. Any such additional fees or costs may result in the Quote being deemed non-responsive. Please review Bid Solicitation Section 3.28, State-Supplied Price Sheet Instructions, for more information.

20
Bid Solicitation Section 4.1.1- Search Requirements
Q: Pages 15-16, RFP Section 4.1.1, Search Requirements: The delineation of Basic Service requirements (a through z) and Advanced Service requirements (aa through ii) appears that they are exclusive of each other. However, we would expect that the Advanced Service would include requirements aa through ii, in addition to requirements a through z. Please clarify what constitutes Advanced Service requirements.

A: The Bid Solicitation has been amended to eliminate the distinction between Basic and Advanced Service requirements and the State has added a new Attachment 6, Search Requirements Checklist, as an Attachment to the Bid Solicitation. Pursuant to Revised Bid Solicitation Section 3.12, Quote Content, Bidders should submit a completed Attachment 6 with their Quote. Bidder responses to Attachment 6 are intended to identify the Bidder’s search options provided for each category of service listed in Section 4.1.1, Search Requirements.

21
Bid Solicitation Section 4.2- Technical Requirements
Q: Pages 15-16, RFP Section 4.1.1, Search Requirements: Several of the search requirements are premium, specialized content sets that are not included in standard product plans and are typically purchased as add-ons by customers who need them. [Examples are Business Credit Reporting (l), RTIA (hh), and LPR (ii).] To control costs and maximize flexibility in purchasing, will the State consider allowing Using Agencies to purchase such requirements from the schedule as add-on content rather than as included content in the monthly flat rates for Advanced Services?

A: The State declines to modify the pricing structure at this time.

22
Bid Solicitation Section 4.2- Technical Requirements
Q: Page 16, RFP Section 4.2, Technical Requirements: Regarding Paragraph 1, The RFP indicates that the State’s preferred authentication service is myNJ, which is compliant with SAML 2.0. This Contractor supports SAML 2.0 for single sign-on; however, we cannot change the authentication services of our commercial offering per the State’s preference. Please confirm that this is acceptable.

A: The only requirement is that the Contractor supports SAML 2 Web Single Sign On. The State’s preferred authentication service is myNJ, which complies with SAML 2.0.

23
Bid Solicitation Section 4.2- Technical Requirement, Tier Placement
Q: Page 16, RFP Section 4.2, Technical Requirements: Paragraph 4 indicates that “Tier placement shall be determined every month and be based on the number of current logons on the first day of each month.” This Contractor’s standard practice is to contract up to a specified number of users, with potential for modifying the contract as needed to add users. We are not reasonably able to conduct user counts on accounts every month. Were a Using Agency to have a question about their tier placement, we will be glad to work with the agency on an ad-hoc basis to ensure that the correct tier is being applied.

A: This is not a question, and cannot be answered as posed.

24
Bid Solicitation Section 4.2- Technical Requirements
Q: Page 17, RFP Section 4.2, Technical Requirements: Paragraph 14 indicates the need for XML and SFTP access for Using Agencies. This Contractor can provide XML access via API web services and can provide access to batch data via SFTP with a setup fee. However, the Price Sheet does not facilitate pricing these alternative modes of delivery. Will the State accept supplemental pricing information for these services?

A: The State declines to modify the pricing structure at this time. The terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms. The Bidders must provide an all-inclusive monthly fee for the goods and/or services to be provided to the Agency(s). All Bidders are directed to Bid Solicitation Section 3.28, State-Supplied Price Sheet Instructions.

Q: Alternatively, would the State accept quoting specifically to Using Agencies who request either of these services?

A: The State declines to modify the pricing structure at this time. The terms and conditions governing publicly bid procurements must remain consistent for all potential bidders and shall not be contingent upon the terms proposed by any single vendor. All Bidders are directed to Bid Solicitation Section 3.28, State-Supplied Price Sheet Instructions.

25
Bid Solicitation Section 4.3- Training
Q: Page 17, RFP Section 4.3, Training: Training of end users with related training materials is included as part of our subscription services throughout the contract term. While we are able to provide in-person training at Using Agency locations if/as needed, we point out that our online training sessions are effective and convenient for all parties and have been especially leveraged since the pandemic and subsequent periodic surges.

A: This is not a question and cannot be answered as posed.

26
Bid Solicitation Section 4.4- Support Services
Q: Page 17, RFP Section 4.4, Support Services: Paragraph 2 indicates that “The Contractor shall establish a “test” account, upon request, for the State to test upgrades, new functionality, interfaces, and compatibilities with the Program’s existing interface.” This Contractor’s offered products are commercially available online subscription services. We note that all enhancements of data and functionality that are included in the offered product plans and would not affect the monthly rate are deployed automatically to all customers. For eligible new data/features that would be considered chargeable, we note that some of this Contractor’s contracts with third-party data providers may preclude offering free access on a trial basis, or there may be attendant royalty issues. Accordingly, will the State modify the RFP so that royalty-based third-party vendor data is excluded from the required 30-day free trial period?

A: The State accepts this proposed modification. Section 4.8, Paragraph 2 of the Bid Solicitation has been revised to include language that excludes royalty-based third-party vendor data from the required 30-day free trial period. Please see the revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25” for more information.

27
Bid Solicitation Section 4.5- Service Level Requirements
Q: Page 17, RFP Section 4.5, Service Level Requirements: Although our offered products are highly reliable solutions and within industry standards, this Contractor is not able to commit to the service level requirements. With a cloud-based platform, there are too many variables outside of our control to commit to 99.9% uptime. Our uptime is consistently > or = 99%. Turnaround time for query results depends on the specificity of the search criteria used and the volume of information available on a subject. Certain inquiries involve analytics, which further increases the complexity of a search. The end-user devices and connections also could impact response time. The average aggregated search response time is typically within 15 seconds. Note that comprehensive reports are typically returned within a few seconds to minutes depending on the specifics of the report subject and parameters. We do not provide external performance reporting or dashboards. Therefore, will the State accept service levels as indicated above?

A: The State accepts this proposed modification and has revised Bid Solicitation Section 4.5 in the Revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25” to reflect a 99% uptime instead of a 99.90% uptime. A minimum of 90% of inquiries should respond within 1 second.

28
Bid Solicitation Section 4.7- Invoicing
Q: Page 18, RFP Section 4.7, Invoicing: This Contractor’s monthly invoices do not include usage details. However, we make the usage information available for monitoring and reporting to customer account administrators through account tools available through the solution interface. Please confirm that the State is agreeable to obtaining the requested usage information in this manner, as is currently being done for the existing Blanket PO.

A: The State accepts this proposed modification and has revised Section 4.7 of the Bid Solicitation in the Revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25.” Section 4.7 now states, “The monthly invoice should provide service utilization details by each login ID (named user), including the costs associated with the login ID’s monthly activity, and the connect time and/or number of transactions conducted. If the Contractor provides service utilization details through other methods, the Contractor must supply the Using Agency with a detailed description of how to obtain these records from the Contractor.”

29
Bid Solicitation Section 4.8- Changes and Additions
Q: Page 18, RFP Section 4.8, Changes and Additions: Paragraph 2 states that if new services, products, content, and/or databases become are added during the term of the contract, “the Contractor shall allow up to 10 current subscribers within the state of New Jersey a 30-day free trial period for the new item(s).” Some of this Contractor’s contracts with third-party data providers may preclude offering free access on a trial basis or there may be attendant royalty issues. Accordingly, will the State modify the requirement in this RFP so that royalty-based third-party vendor data is excluded from the required 30-day free trial period, as was done for the Legal Research Services Blanket PO (T2311).

A: The State accepts this proposed modification. Section 4.8, Paragraph 2 of the Bid Solicitation has been revised to include language that excludes royalty-based third-party vendor data from the required 30-day free trial period. Please see the revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25” for more information.

30
Bid Solicitation Section 4.8- Changes and Additions
Q: Page 18, RFP Section 4.8, Changes and Additions: Paragraph 3 further states that the Contractor shall continue to provide at no additional or increased cost, access to any portion of a restructured database or enhanced research collection to which the State is already contracted to receive access. Please confirm that the State recognizes that third-party contractual restrictions may affect a Contractor’s ability to provide access to certain content.

A: Please see the answer to Question #29.

31
Bid Solicitation Section 4.8- Changes and Additions
Q: Page 18, RFP Section 4.8, Changes and Additions: Paragraphs 4 and 5 - These paragraphs include requirements for notice and content replacement in the event of sunsetting or removal of content sets. Given the numerous third-party content providers that license content to the Contractor, the Contractor might not get any notice that a database is going to be withdrawn. It would be administratively burdensome, and likely impossible, to provide this type of notice to the State. Therefore, we request that the language be modified to indicate that the Contractor will notify the Using Agencies as soon as reasonably practicable regarding loss of a material content set. Further, we request modification to indicate that the Contractor will make commercially reasonable efforts to acquire comparable data from another source, and, if unable to replace with comparable content, the parties will negotiate in good faith to reach a mutually satisfactory resolution.

A: The State agrees to the proposed modification and has revised Section 4.8 in the Revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25.”

32
Bid Solicitation Section 5- General Contract Terms, Warranties
Q: Page 19, RFP Section 5, General Contract Terms: Relating to the introductory language of this section, this Contractor must adhere to our licensing terms, which we have de-conflicted with the State’s terms and conditions via amendment. Per RFP requirements, we are submitting the Contractor’s terms during this question period. Please see the Warranties and Disclaimers section of our current licensing terms.

A: This is not a question, and cannot be answered as posed. Please see “T1616 Revised Bid Solicitation 03.07.25”, Section 8.17.1, which provides a process to submit Additional Documents (Software Service Agreements / End User Licensing Agreements).

33
Bid Solicitation Section 5- General Contract Terms, Warranties
Q: Page 19, RFP Section 5, General Contract Terms: The public records data that the State is seeking access to is derived from many sources. As a result, it is industry standard that access to the product and the content data are provided “as is” with no warranty. The Contractor is required to disclaim warranties as an obligation to our data providers. (Supersedes Question 32).

A: This is not a question, and cannot be answered as posed. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

34
Bid Solicitation Section 5-General Contract Terms, Third-Party Supplier Agreements
Q: Page 19, RFP Section 5, General Contract Terms: The solicitation is seeking data that is derived from many online data providers, and then aggregated into one online source. As a result of this arrangement, Contractors have various contracts with these third-party source providers that we must adhere to. These contracts require that certain terms remain in our license agreement documentation. Such terms may either be viewed as conflicting with the RFP or SSTC or be viewed by the State as a material benefit, but it is required of Bidders to include in their end-use agreements and as a condition of access to the product/data.

A: Please see the answer to Question #33.

35
Bid Solicitation Section 5.1- Contract Term
Q: Bid Solicitation Section 5.1 indicates the Contract term is for three base years with two optional one-year extensions. Is the State willing to increase the base and/or option periods? The State's current T1616 contract was written for five base years with three optional one-year extensions.

A: The State has accepted the proposed modification to the Contract term. Please see the Revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25” for more information.

36
Bid Solicitation Section 5.4- Ownership of Material, State Data
Q: Pages 19-20, RFP Section 5.4, Ownership of Material: o Section 5.4A, State Data: The only State Data provided to the Contractor for the services being requested would be search criteria, which are maintained and/or purged according to applicable regulatory, statutory, or contractual mandates and the Contractor’s related policies. Therefore, we request modification of the second sentence, as follows: State Data provided to the Contractor shall be maintained and/or purged delivered or returned to the State of New Jersey thirty (30) days’ notice in conjunction with applicable regulatory, statutory, and/or contractual mandates and the Contractor’s related policies or thirty (30) days’ after the expiration or termination of the Contract.

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

37
Bid Solicitation Section 5.4- Ownership of Material, State Data
Q: Pages 19-20, RFP Section 5.4, Ownership of Material: Section 5.4A, State Data: The only State Data provided to the Contractor for the services being requested would be search criteria, which are maintained and/or purged according to applicable regulatory, statutory, or contractual mandates and the Contractor’s related policies. Therefore, we request modification of the second sentence, to read as follows: State Data provided to the Contractor shall be maintained and/or purged in conjunction with applicable regulatory, statutory, and/or contractual mandates and the Contractor’s related policies. (Supersedes Question 36 - strikethroughs not recognized by portal).

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

38
Bid Solicitation Section 5.4- Ownership of Material, Work Product; Services
Q: Pages 19-20, RFP Section 5.4 Ownership of Material: Section 5.4.B, Work Product; Services: We request removal of this section because there will be no Contractor-provided work product. The end users in the Using Agencies will request and receive the results of their online research.

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

39
Bid Solicitation Section 5.4- Ownership of Material, Contract IP; COTS and Customized Software
Q: Pages 19-20, RFP Section 5.4, Ownership of Material: Section 5.4.C, Contract Intellectual Property; COTS and Customized Software: The Contractor is not licensing software or Contractor Intellectual Property to the State. The Contractor’s licensing grants access for authorized users in the Using Agencies to the offered solution content and functionality. The Contractor’s offered products require acceptance of the Contractor’s licensing terms and conditions, which have been de-conflicted with the State’s terms.

A: This is not a question and cannot be answered as posed. The State cannot comment on a Bidder's requirements prior to Quote submission.

40
Bid Solicitation Section 5.4- Ownership of Material, Third-Party IP
Q: Pages 19-20, RFP Section 5.4, Ownership of Material: o Section 5.4.D, Third-Party Intellectual Property: The Contractor requests that its terms and conditions regarding third-party intellectual property and related flow-downs would govern access to and use of the offered products.

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

41
Bid Solicitation Section 5.4- Ownership of Material, Work Product; Custom Software
Q: Pages 19-20, RFP Section 5.4, Ownership of Material: Section 5.4.E, Work Product; Custom Software: We request removal of this section because it is not applicable to the requested online subscription services.

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

42
Bid Solicitation Section 5.4- Ownership of Material, State IP
Q: Pages 19-20, RFP Section 5.4, Ownership of Material: Section 5.4.F, State Intellectual Property: We request removal of this section because it is not applicable to the requested online subscription services.

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

43
Bid Solicitation Section 5.5- Substitution of Staff
Q: Page 20, RFP Section 5.5, Substitution of Staff: This section requires that the Contractor request to substitute staff and that no substitute personnel are authorized to begin work until written approval is received. It further requires that if the Contractor must substitute any management, supervisory, or key personnel, we must identify such personnel, the work to be performed, and detail the justification for the substitution. Because this Contractor would have no personnel performing work under this Blanket PO, the only Contractor personnel associated with the Blanket PO would be the account management teams (i.e., field staff) and the contract manager. This Contractor unilaterally assigns account managers to regions, territories, and/or customers. Please confirm that the State will accept notification to affected Using Agencies when the Contractor makes changes to personnel managing their respective accounts.

A: The State will accept notification to affected Using Agencies when the Contractor makes changes to personnel managing their respective accounts. Please see Section 5.5 of the revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25.”

44
Bid Solicitation Section 5.11- Procurement Efficiency Program, Quarterly Sales Reporting
Q: Page 21, RFP Section 5.11, Procurement Efficiency Program: A. Quarterly Sales Reporting: We understand that the “Contractor shall submit a Sales Report documenting all sales made under the Contract.” Does the State have a template for the report that they would like the Contractor to use or would the Contractor be able to use their report template?

A: After Contract award, the awarded Contractor(s) will work with Sovra (previously Periscope Holdings, Inc.) regarding the Quarterly Sales Reporting requirement. Sovra will be able to provide templates that the awarded Contractor(s) can use for reporting.

Q: If a Contractor must use the State’s template, please provide a sample file showing the required fields and format [so] we have a template [we] can reference?

A: Sovra will provide report templates that the Contractor may use after Contract award.

45
Bid Solicitation Section 5.11- Procurement Efficiency Program
Q: Page 21, RFP Section 5.11, Procurement Efficiency Program: C. Remittance of the Procurement Efficiency Program Fee: Please confirm that payment to Periscope Holdings Inc. via ACH, as is currently being done, is acceptable.

A: Payment of the Procurement Efficiency Program Fee can be submitted to Sovra (previously Periscope Holdings Inc.) via ACH.

Q: Additionally, while this Contractor intends to comply with timely and accurate remittance, we ask that the State make reasonable effort to work with a Contractor when there is an issue with a payment, rather than invoke Contract termination, as stated.

A: The State will make a reasonable effort to collaborate with the Contractor to resolve any payment issues, rather than immediately invoking contract termination.

46
Bid Solicitation Section 5.11- Procurement Efficiency Program
Q: Page 21, RFP Section 5.11, Procurement Efficiency Program: D. NJStart Marketplace Catalog Enablement: While this Contractor intends to comply with the parameters and deadline for publishing the catalog, we ask that the State make reasonable effort to work with a Contractor when there is an issue with the catalog, rather than invoke Contract termination, as stated.

A: The State will make a reasonable effort to collaborate with the Contractor to resolve any catalog issues, rather than immediately invoking contract termination.

47
Bid Solicitation Section 5.11- Procurement Efficiency Program
Q: Page 21, RFP Section 5.11, Procurement Efficiency Program: E. Retention and Inspection of Records and Audit: We request that the State and/or Periscope provide two (2) weeks’ notice prior to any intended examination or audit of sales records and reports.

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms. However the State will provide reasonable notice to the Contractor in the event of any such Audit.

48
Bid Solicitation Section 6.1- Security Plan
Q: Page 22, RFP Section 6.1, Security Plan: This Contractor requests revising the first sentence to indicate providing an overview of its Security Plan. We can provide SOC 2 Type 2 reports, completed security questionnaires, etc., but do not externally provide detailed security plans.

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

However, the State has amended Bid Solicitation Section 6 requirements by removing Section 6.1 Security Plan requirement. Bidders are encouraged to submit any supplemental documentation it deems necessary for evaluation with their Quote in addition to the Security Questionnaire. Please see Section 6 of the revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25” for more information.

49
Bid Solicitation Section 6.2- Information Security Program Management
Q: Page 22, Section 6.2, Information Security Program Management: This Contractor follows international security standards and cannot align its strategies with a customer’s internal policies. Therefore, we request the following revision to the first sentence of this provision: The Contractor shall establish and maintain a framework to provide assurance that information security strategies are aligned with and support industry good practices the State’s business objectives and are consistent with applicable laws …”

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

50
Bid Solicitation Section 6.2- Information Security Program Management
Q: Page 22, Section 6.2, Information Security Program Management: This Contractor follows international security standards and cannot align its strategies with a customer’s internal policies. Therefore, we request the following revision to the first sentence of this provision: The Contractor shall establish and maintain a framework to provide assurance that information security strategies are aligned with and support industry good practices and are consistent with applicable laws …” (Supersedes Question 49 - strikethroughs not recognized by portal).

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

51
Bid Solicitation Section 6.3- Compliance
Q: Page 22, RFP Section 6.3, Compliance: This provision requires that “The Contractor shall develop and implement processes to ensure its compliance with all statutory, regulatory, contractual, and internal policy obligations applicable to this Contract. Examples include but are not limited to the General Data Protection Regulation (GDPR), Payment Card Industry Data Security Standard (PCI DSS), Health Insurance Portability and Accountability Act of 1996 (HIPAA), and IRS-1075.” This Contractor notes that its offered products do not involve activity or data relating to some of the examples, i.e., HIPAA, IRS-1075. Will the State remove the sentence beginning with “Examples,” or, alternatively, acknowledge that all examples will not necessarily be applicable to all Contractors’ offerings?

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

52
Bid Solicitation Section 6.7- Privacy, Data Storage
Q: Pages 23-24, RFP Section 6.7, Privacy: Section 6.7.E, Data Storage: We request that the first sentence be revised as follows: 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 a project plan and system topology agreed by both parties, approved by the State Contract Manager.

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

Bid Solicitation Section 6.7 -- Privacy
Q: We request changes below to Bid Solicitation Section 6.7(G). These changes are necessary to ensure the application of the section is limited to State data. Our requested change to the reporting time below takes into account the time to investigate and remediate and is consistent with State law. Furthermore, we must retain the sole right to create and direct the remediation plan that affects our system used by all customers nationwide. In line 2, add "provided by the State" after "disclosure of any Personal Data."

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

Q: In line 3, delete "24 hours" and replace with "72 hours"

A: The State accepts this proposed modification. Please see the revised Bid Solicitation entitled, “T1616 Revised Bid Solicitation 03.07.25”

Q: In line 7, add "in Contractor's sole judgment" after "of the State, unless required" and before "to provide such"

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

Q: In line 13, delete "follow all instructions provided by the" and replace with "cooperate with the" before "State"

A: The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

Q: In line 13, add "in decisions" after "State" and before "relating to the Personal Data".

A: The…

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