T1628 Bid Amendment 9 08.19.20.docx

PHILIP D. MURPHY

Governor State of New Jersey

DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE AND PROPERTY

PROCUREMENT BUREAU

33 WEST STATE STREET

P. O. BOX 230

TRENTON, NEW JERSEY 08625-0230

ELIZABETH MAHER MUOIO

State Treasurer

SHEILA Y. OLIVER

Lt. Governor

MAURICE A. GRIFFIN

Acting Director https://www.njstart.gov

August 19, 2020

To: All Interested Vendors {Bidders}

Re: Bid Solicitation #20DPP00471 T1628 – Enhanced Motor Vehicle Inspection Maintenance System

Bid Amendment #9

The following constitutes Bid Amendment #9 to the above referenced Bid Solicitation:

· Answers to the remaining questions from the first round of the Electronic Question and Answer (Q&A)period; and

· Answers to the remaining questions from the second round of the Electronic Question and Answer (Q&A) period will be posted in a future Bid Amendment. All Vendors {Bidders} will have an opportunity to respond to those answers as well as answers contained within this Bid Amendment at that time. Vendors {Bidders} should not pose any questions in response to this Bid Amendment, through any means, until notified to do so through a future Bid Amendment.

It is the sole responsibility of the Vendor {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 #20DPP00471 T1628 – Enhanced Motor Vehicle Inspection Maintenance System Answers to Questions

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

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

Section Reference Question (Bolded) and Answer

No, the State does not have this information. The State is not a party to any past or future Vendors’ {Contractors’} employment agreements or collective bargaining agreements for any personnel employed in the award of this Bid Solicitation, including current positions and current compensations. This information is not necessary for a Vendor {Bidder} to provide a responsive Quote.

Please see the answer to question #1.

No, the State does not require the awarded Vendor {Contractor} to hire at least 51% of the currently employed workforce.

To ensure that there is a seamless and uninterrupted transition from the current inspection program to the new program, the Vendor {Contractor} shall give all qualified personnel of the current Vendor {Contractor} an interview for employment with the Vendor, who request one.

B. Must the offer be at the same salary and benefits? Must offered positions be full-time versus part-time?

No, these are not requirements of the State. The State is not a party to any past or future Vendors’ {Contractors’} employment agreements or collective bargaining agreements for any personnel employed in the award of this Bid Solicitation.

It is the Vendor’s {Contractor’s} responsibility to determine what is practical or possible with offers of employment. Any prospective employee who does not meet State requirements for being licensed to perform inspection or who does not meet the background check shall not be employed.

B. It is likely that any offeror meeting with representatives of the current, unionized workforce will be asked to hire existing staff at the current wages, benefits, and headcount. Is such an expectation by the union workforce reasonable given that it only impacts the contract value?

The State cannot make any statements about the likelihood of this as these are not requirements or expectations of the State. The State is not a party to any past or future Vendors’ {Contractors’} employment agreements or collective bargaining agreements for any personnel employed in the award of this Bid Solicitation.

C. It is important to note that a review of previous RFP documents pertaining to the workforce have included language such that bidders, "must make all commercially viable best efforts to retain the current, privately employed inspection staff and personnel at each individual's skill level and position." In 1998, the RFP Stated all prospective employees, "shall be offered full-time employment." Would the State please address the softening of this requirement since 1998 with respect to the 300+ employees of the vehicle inspection program?

There is no requirement that the Vendor {Contractor} have a unionized workforce. In 1998, the Bid Solicitation addressed persons that were employed by the Division of Motor Vehicle. However, this is no longer the case and does not apply to this Bid Solicitation.

No, the above statute does not apply to this Bid Solicitation.

No, this is not a requirement of the State. However, to ensure that there is a seamless and uninterrupted transition from the current inspection program to the new program, the Vendor {Contractor} shall give all qualified personnel of the current Vendor {Contractor} an interview for employment with the Vendor, who request one.

See answer to question #6.

However, even more importantly, in order to encourage the current trained and qualified workforce to continue in employment and to avoid disruption in service, the Bid Solicitation should further require bidders to maintain the current level of wages, health and retirement benefits and other terms and conditions of employment. Local 32B-J has negotiated the prevailing level of wages and benefits in the State of New Jersey. As a result of those wages and benefits, Parsons has maintained a stable and experienced workforce to serve the public. If contractors bid based on substandard wages and benefit levels, experienced employees will seek other employment to the detriment of the inspection system. Similarly, if wage and benefit levels are reduced, the inspection system will be unable to attract competent and stable candidates to replace employees who leave the system to continue working at prevailing wages and benefit levels.

Employees of Parsons represented by Local 32B-J currently receive health benefits and participate in a 40l(K) retirement plan. These benefits protect the health and retirement security of employees and their families. In the absence of benefits at the prevailing levels, employees of the inspection system will be left to rely on charity care and publicly provided benefits for their health and retirement security.

The public policy of the State is consistent with Local 32B-J's request that bidders conform to the prevailing level of wages and benefits. Section 3 .14.1 of the Bid Solicitation recognizes prevailing wage levels for contractor employees:

The Vendor {Contractor} shall make all personnel and backup staff available to the State at all various labor categories specified within this Bid Solicitation. If the State chooses to utilize staff Pursuant to Section 5.16 Additional Work, the Vendor {Contractor} shall be reimbursed for its use on an hourly basis as per the labor titles and rates awarded. Additional detail and instruction are available to the Vendor {Contractor} under Section 4.4.5.2 of this Bid Solicitation. All workers employed, contracted or subcontracted by the Vendor {Contractor} who perform public work as defined in N.J.S.A. 34:11-56.26, including routine or capital maintenance (See Sections 3.21.2 and 3.21.3 below), on any facility under this Blanket P.O. shall be paid prevailing wage under the NJ Prevailing Wage Act, See N.J.S.A. 34:11-56.25 et. seq. All workers performing building services (as defined in N.J.S.A. 34: 11-56.59) on State-owned or State-leased property shall be paid prevailing wage pursuant to N.J.S.A. 34: 11-56.58 -.70.

For example, the New Jersey Prevailing Wage Act and the State Building Service Contracts Act requires construction contractors and building service contractors engaged in public work to pay employees the economic equivalent of the prevailing wages and benefits paid in a locale. The maintenance of current terms and conditions of employment is also consistent with the public policy under the Federal Service Contract Act. However, the current Bid Solicitation does ot protect the current wages and benefits of the current workforce.

Based on the foregoing, the Bid Solicitation should be modified to require the continuation of such terms and conditions of employment as are in existence throughout the System at the time of the bidding process. Local 32B-J urges the adoption of the following provision:

The most critical component to a successful centralized lane operation is a competent, experienced and well-trained workforce of inspectors and managers. To ensure that there is a seamless and uninterrupted transition from the current inspection program to the new program, the contractor shall give all qualified personnel of the current vendor the right of first refusal with regard to employment under the new contract, in order of seniority. In order to encourage the current trained and qualified workforce to continue in employment and to avoid disruption in service, contractor shall maintain the current prevailing level of wages, health and retirement benefits and the monetary equivalent of the other terms and conditions of employment, as established in the collective bargaining agreement between the current vendor and the exclusive majority collective bargaining representative of the employees of the current vendor.

Such a requirement will prevent contractors from undercutting the prevailing wages and benefits and will enhance the retention of current competent and experienced employee.

Based on the foregoing, Local 32B-J urges that the Bid Solicitation be modified to protect the economic security and safety of employees employed in the Motor Vehicle Inspection System. Such safeguards ultimately protect the public's interest in a competent, experienced and well-trained workforce.

For the purpose of this Blanket P.O., the awarded Vendor {Contractor} should offer employment to qualified personnel. Qualified personnel are persons that hold a valid New Jersey Emission Inspector license and have successfully completed a criminal background check as required by NJSA 39:2A-32. The State is not a party to any past or future Vendors’ {Contractors’} employment agreements or collective bargaining agreements for any personnel employed in the award of this Bid Solicitation.

The most critical component to a successful centralized lane operation is a competent, experienced, and well-trained workforce of inspectors and managers. To ensure that there is a seamless and uninterrupted transition from the current inspection program to the new program, the Vendor {Contractor} shall give all qualified personnel of the current Vendor {Contractor} an interview for employment with the Vendor, who request one.

The New Jersey Prevailing Wage Act N.J.S.A. 34:11-56.25 et eq. does not apply to work performed by Emission Inspectors

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper image1.png