T1654 Bid Amendment 10 6.2.23~1.docx

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Attached to
T1654 Purchasing Card System for the State of New Jersey
Solicitation number
22DPP00667
Issued by
Mercer County, Trenton City, New Jersey

About this file

This document is Bid Amendment #10 to the Bid Solicitation #22DPP00667 T1654 - Purchasing Card System for the State of New Jersey. The amendment includes answers to bidder questions, revisions/additions to the Bid Solicitation, updates to the State-Supplied Price Sheet, revised Third Party Information Security Questionnaire and Bidder Checklist, and the addition of two new attachments related to contract participants and spend by agency. The bid submission due date is June 22, 2023 at 2:00 PM Eastern Time. The contract will be for a Purchasing Card System to be used by participating State of New Jersey agencies, Interagency Coordinating Committees (ICC), and Intrastate Cooperative Participants.

The Revised Bid Solicitation includes changes to various sections, including Intrastate Cooperative Purchasing, Forms and Certifications, Security Plan requirements, and Indemnification and Insurance. The current contract has seen $22,575,021.92 in total spend since 2014, with the top three spending agencies and the top three spending Travel Card agencies receiving 50% of the rebates, and the State keeping the remaining rebates. Bidders must submit pricing using the State-Supplied Price Sheet, with the ability to offer an Early Payment Incentive and identify Transaction Fees.

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Other files

File Type Posted
Attachment 2 - T1654 Revised Bid Solicitation Checklist and Standard Procurement Forms Packet 6.2.23~1.pdf PDF
T1654 Optional Pre-Quote Conference 03.24.2022.pptx PPTX presentation
Attachment 4 - T1654 State of New Jersey Participants.pdf PDF
Attachment 3 - SoNJ Security Questionnaire~1.pdf PDF
T1654 Bid Amendment 7- Extended Quote Submission Due Date.docx DOCX document
Revised T1654 State-Supplied Price Sheet 6.2.23.xlsx XLSX spreadsheet
T1654 Bid Amendment 8- Extended Quote Submission Due Date~1.docx DOCX document
T1654 Bid Amendment 9- Extended Quote Submission Due Date~1.docx DOCX document
T1654 Bid Amendment 5- Extended Quote Submission Due Date.docx DOCX document
Attachment 1 - T1654 State of New Jersey Standard Terms and Conditions 03.24.2022.pdf PDF
T1654 Revised Bid Solicitation 6.2.23~2.docx DOCX document
T1654 Bid Amendment 6- Extended Quote Submission Due Date.docx DOCX document
T1654 Bid Amendment 4- Extended Quote Submission Due Date.docx DOCX document
T1654 Bid Amendment Extended Quote Submission Due Date 05.19.2022.docx DOCX document
T1654 Bid Amendment 3 - Extended Quote Submission Due Date~1.docx DOCX document
Attachment 5 - T1654 Spend by Agency~1.pdf PDF
T1654 Bid Amendment 2 - Extended Quote Submission Due Date 08.22.2022~1.docx DOCX document
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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

SHEILA Y. OLIVER

Lt. Governor

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

June 2, 2023

To: All Interested Bidders

Re: Bid Solicitation # 22DPP00667 T1654 – Purchasing Card System for the State of New Jersey

Quote Submission Due Date: June 22, 2023 (2:00 p.m. Eastern Time)

Bid Amendment #10

The following constitutes Bid Amendment #10 to the above referenced Bid Solicitation:

· This Bid Amendment includes:

· Answers to Bidder electronic questions;

· Revisions/additions to the Bid Solicitation;

· Revisions to the State-Supplied Price Sheet titled “Revised T1654 State-Supplied Price Sheet 6.2.23”;

· The revised State of New Jersey Third Party Information Security Questionnaire titled “Attachment 3 - T1654 Revised SONJ Security Questionnaire 6.2.23” has been updated on the Attachments tab of this Bid Solicitation in NJSTART;

· The revised “Attachment 2 - T1654 Revised Bidder Checklist and Standard Procurement Forms Checklist 6.2.23” has been updated on the Attachments tab of this Bid Solicitation in NJSTART;

· The Certification Regarding Prohibited Activities with Russia or Belarus has been added to the Standard Procurement Forms within Attachment 2;

· The Confidentiality and Commitment to Defend Form has been added to the Standard Procurement Forms within Attachment 2;

· Attachment 4 – T1654 State of New Jersey Participants has been added to the Attachments tab of this Bid Solicitation in NJSTART; and

· Attachment 5 – T1654 Spend by Agency has been added to the Attachments tab of this Bid Solicitation in NJSTART.

· Please note that the Revised T1654 Bid Solicitation 6.2.23; hereafter referred to as “Revised Bid Solicitation”, includes additions, deletions, and/or revisions to the following Bid Solicitation Sections:

· 1.5 Intrastate Cooperative Purchasing – revisions;

· 3.13 Forms, Registrations and Certifications to be submitted with the Quote – revisions;

· 3.13.2 Ownership Disclosure Form – revisions;

· 3.13.3 Disclosure of Investment Activities in Iran Form – revisions;

· 3.13.4 Disclosure of Investigations and Other Actions involving Bidder Form – revisions;

· 3.13.5 MacBride Principles Form – revisions;

· 3.13.9 Pay to Play Prohibitions – deletion;

· 3.13.11 Executive Order 271 – deletion;

· 3.13.12 State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire – revisions;

· 3.13.13 Business Registration – addition;

· 3.13.14 Certification Regarding Prohibited Activities with Russia or Belarus – addition;

· 3.26 State Price Sheet Instructions – revisions;

· 4.5 Enrollment and Implementation – revisions;

· 4.12 Disputed Transactions – revisions;

· 5.4 Ownership of Material – revisions;

· 5.9 Contract Activity Report – deletion;

· 6.1 Security Plan – revisions;

· 6.1.2 Compliance – revisions;

· 6.1.6 Privacy – revisions;

· 6.1.13 Remote Access – revisions;

· 7.1 Indemnification and Insurance – revisions and additions; and

· 7.2 – Optional Payment Method: P-Card – deletion; and

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 #22DPP00667 T1654 – Purchasing Card System for the State of New Jersey

Answers to Questions

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

#
Bid Solicitation

Section Reference Question (Bolded) and Answer

1
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.

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 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
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 New Jersey Standard Terms and Conditions (SSTCs): "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 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 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.

It is expected that Bidders will submit additional terms as part of its Quote related to credit card terms as described in Bid Solicitation Section 3.29 below, which will be considered separately from the additional terms discussed above in this Section. Bidders are advised that additional terms related to this Bid Solicitation not related to separate credit card terms should be addressed during the electronic question and answer procedure set forth in Section 2.1 of this Bid Solicitation. Bidders are also advised and placed on notice that negotiations regarding the additional credit card terms only will take place following Quote opening.

4
PDF Documents
When trying to open a Portable Document Format PDF document I am receiving an error message and am unable to access the PDF document. How should I proceed?

It is recommended that users utilize Internet Explorer or Microsoft Edge to view PDF documents. 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.

General
[Bank] acknowledges that certain New Jersey state government contracting laws and regulations referenced in the Terms may technically apply, notwithstanding the foregoing conceptual and jurisdictional inconsistences. [Bank] is prepared to agree in any resulting contract to make reasonable efforts to comply with any such state government contracting laws to the extent applicable and not preempted by federal banking laws, provided the States’ sole remedy for any violation would be limited to termination of the parties’ contract.

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 NJ 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 changes."

Additionally, as stated in 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.

It is expected that Bidders will submit additional terms as part of its Quote related to credit card terms as described in Bid Solicitation Section 3.29 below, which will be considered separately from the additional terms discussed above in this Section. Bidders are advised that additional terms related to this Bid Solicitation not related to separate credit card terms should be addressed during the electronic question and answer procedure set forth in Section 2.1 of this Bid Solicitation. Bidders are also advised and placed on notice that negotiations regarding the additional credit card terms only will take place following Quote opening.”

6
General - Request for Vendor Spend File
Please provide a vendor spend file (in excel format) with the following information: Vendor company name, Physical street address, Annual spend volume per vendor, Payment count for same time frame of volume per vendor, Payment terms, Payment method (check, ACH, wire, etc.), Dates of the data range, i.e. 10/1/2020 â?? 9/30/2021, or last fiscal year, etc.

A detailed report containing P-Card spend by purchase is not available in the manner requested.

Please reference “Attachment #5 – T1654 - Spend by Agency” for past State spend on the current Contract. There has been a total of $22,575,021.92 in State spend since 2014.

The total value of this Contract is inclusive of non-executive branch entities and Cooperative Purchasing Program participants; however, the Division is unable to provide details for spend made by non-executive branch entities.

7
General Supplier Spend File
Can you provide a supplier spend file for analysis?

Please reference “Attachment #5 – T1654 - Spend by Agency” for past State spend on the current Contract. There has been a total of $22,575,021.92 in State spend since 2014.

The total value of this Contract is inclusive of non-executive branch entities and Cooperative Purchasing Program participants; however, the Division is unable to provide details for spend made by non-executive branch entities.

8
General Supplier Spend File
Does the State receive one rebate payment for all agencies spend, or does each agency receive its own rebate payment from the current provider?

The State’s fiscal year runs from July 1st to June 30th the following calendar year. Currently, all rebate checks are issued based on the total annual sales volume, and sent to the SCM and Using Agency Program Administrators in July and January of the Contract term. The top three (3) spending P-Card agencies and the top three (3) spending Travel Card agencies get 50% of its rebate. The State keeps the remaining rebates.

Refer to Revised Bid Solicitation Section 4.18, Rebates, including subsections, for details regarding rebates under the subject Bid Solicitation.

9
1.2.1 Statistical Information
Can the State provide the following details on the $110,342,264 of annual spend:

1) Was eligible for Large Ticket Interchange rate by the participating merchants;

Yes, the $110,342,264 was eligible for Large Ticket Interchange rate by the participating merchants.

2) How much of the Pcard spend was conducted with merchants with Level 3 acquiring/processing; and The State does not have access to this information.

3) How much spend was conducted outside of the US with foreign merchants?

No more than 2% of spend was conducted outside of the US with foreign merchants.

10
1.2.1 Statistical Information
1.2.1 Please list the Card spend and Card count for each of the Entities in 1.2.2.1 Tax-funded Agencies; 1.2.2.2 ICC Agencies and 1.5 Intrastate Cooperative Participants whom are currently using the State Pcard contract, thus a breakdown of the $110 milion in annual spend and 5,944 cards by participating entity?

As per Revised Bid Solicitation Section 1.2.1, Statistical Information, the State and all Using Agencies have maintained approximately 5,944 active P-Cards and Travel Cards during the 2021 calendar year. A breakdown containing the card count for each participating agency is not available.

A full list of participating agencies can be found on Attachment #4 – State of New Jersey Participants.

Please reference “Attachment #5 – T1654 - Spend by Agency” for past State spend on the current Contract. There has been a total of $22,575,021.92 in State spend since 2014.

The total value of this Contract is inclusive of non-executive branch entities and Cooperative Purchasing Program participants; however, the Division is unable to provide details for spend made by non-executive branch entities.

11
Section 1.2.1, Statistical Information
In order to ensure that all respondents are assessing all the same data, because this information is available to your current provider, please identify your spend volumes in the various discount interchange categories, as listed below. Large Ticket interchange VISA Preferred Merchant interchange Level 3 interchange

The State does not have access to information regarding Large Ticket interchange VISA Preferred Merchant interchange Level 3 interchange.

Please reference “Attachment #5 – T1654 - Spend by Agency” for past State spend on the current Contract. There has been a total of $22,575,021.92 in State spend since 2014.

The total value of this Contract is inclusive of non-executive branch entities and Cooperative Purchasing Program participants; however, the Division is unable to provide details for spend made by non-executive branch entities.

12
Section 1.2.1, Statistical Information
Of the $110 million in total spend will the State please breakdown how much is on Purchasing Card and how much on Travel Card?

The State does not have access to this information.

13
Section 1.2.2, Participating Agencies
Can you provide a breakdown of all participants and their respective spend on Purchasing card and Travel Card?

A full list of participating agencies can be found on Attachment #4 – State of New Jersey Participants.

Please reference “Attachment #5 – T1654 - Spend by Agency” for past State spend on the current Contract. There has been a total of $22,575,021.92 in State spend since 2014.

The total value of this Contract is inclusive of non-executive branch entities and Cooperative Purchasing Program participants; however, the Division is unable to provide details for spend made by non-executive branch entities.

14
1.2.2 State Tax Funded Agencies
Please list each State Tax-Funded Agency that is currently issuing a Pcard or TE card on the existing State Pcard contract?

A full list of participating agencies can be found on Attachment #4 – State of New Jersey Participants.

15
1.2.2.2 Interagency Coordinating Committees (ICC)
Please list each ICC that is currently issuing a Pcard or TE card on the existing State Pcard contract?

The Interagency Coordinating Committee (ICC) agencies listed currently use P-Card. Only the three (3) branches of government use Travel Cards: Executive, Legislative, and Judicial Branch.

As per Section 1.2.2.2 of the Revised Bid Solicitation, “The agencies noted below have the option, at their own discretion, to participate in the P-Card Program, upon Contract award:

A. Port Authority of New York and New Jersey;

B. New Jersey Turnpike Authority;

C. Delaware River Port Authority;

D. South Jersey Transportation Authority;

E. New Jersey Meadowlands Commission;

F. New Jersey Water Supply Authority;

G. New Jersey Pinelands Commission;

H. Delaware River Joint Toll Bridge Commission;

I. New Jersey Transit;

J. Burlington County Bridge Commission;

K. New Jersey Economic Development Authority; and L. Palisades Interstate Park Commission.”

A full list of participating agencies can be found on Attachment #4 – State of New Jersey Participants.

16
1.5 Intrastate Cooperative Participants
Please list each Intrastate Cooperative Participant that is currently issuing a Pcard or TE card on the existing State Pcard contract?

A full list of participating agencies can be found on Attachment #4 – State of New Jersey Participants.

17
1.5 E. Intrastate Cooperative Purchasing
What is the estimated cost of audit for the State and/or Periscope?

Please be advised that Marketplace does not apply to this procurement. Section 1.5 of the Revised Bid Solicitation has been revised to reflect this change.

18
1.5 Intrastate Cooperative Purchasing
Is this a mandatory requirement of the bid or at the contractor’s discretion?

Please be advised that Marketplace does not apply to this procurement. Section 1.5 of the Revised Bid Solicitation has been revised to reflect this change.

However, it should be noted that extending services to Cooperative Purchasing Participants is a mandatory requirement of the Revised Bid Solicitation.

19
Section 3.26, State Price Sheet Instructions
The rebate grid only allows to a single-digit whole number (i.e. 1%). Can you open it to at least two decimal places (i.e. 1.55%) so that respondents can accurately illustrate the potential for rebate?

The State-Supplied Price Sheet has been revised to allow for two (2) decimal places. The Bidder shall submit the Revised State-Supplied Sheet titled “Revised T1654 State-Supplied Price Sheet”.

20
Section 3.26, State Price Sheet Instructions
Will the state allow respondents to enter a fixed rebate percentage for discount interchange transactions that applies regardless of spend tier? If yes, how shall we reflect this in the State Price Sheet?

No, the State does not offer discount interchange transactions. All transactions with an interchange fee is paid in full.

As per Section 3.26. State Price Sheet Instructions, the Revised Bid Solicitation states, “The Bidder must submit its pricing using the State Price Sheet accompanying this Bid Solicitation and located on the NJSTART “Attachments” Tab.

Any price changes including hand written revisions or "white-outs" must be initialed. Failure to initial price changes shall preclude a Contract award from being made to the Bidder pursuant to N.J.A.C. 17:12-2.2(a)(8).

The Bidder must submit its pricing using the format set forth in the State-supplied price sheet. Any additional or supplemental versions of the State Price Sheet will not be accepted. The Bidder must record its pricing in the cells highlighted in yellow, as instructed below:

A. Price Lines 1 through 22 – Rebate Percentage: The Bidder must submit a Firm-Fixed Rebate Percentage, based on the total annual spend identified in each price line for each year of the Contract (Contract years 1 through 5).

B. Price line 23 – Early Payment Incentive: The Bidder should submit an Early Payment Incentive based on expedited payment by the State. See Bid Solicitation Section 3.28 Cash Discounts for additional information. Terms for eligibility shall be clearly defined by the Bidder on a separate sheet. See Bid Solicitation Section 4.18 for additional information.

C. Price line 24 – Transaction Fee: The Bidder should identify all Transaction Fees and provide a schedule of such Transaction Fees based upon transaction total. See Bid Solicitation Section 4.17.”

21
Section 4.1, Contract Specific Terms/Definitions
1) How many Program Administrators exist?

There are sixty-eight (68) Program Administrator Purchase Cards and forty-five (45) Travel Cards.

2) Of these, how many operate at the State level, and how many represent Using Agencies and Cooperative Purchasing Partners?

All of the cards are State Level. Cooperative Purchasing Partners handle business with Vendors separately.

A full list of participating agencies can be found on Attachment #4 – T1654 State of New Jersey Participants.

22
Section 4.1, Contract Specific Terms/Definitions
How many Using Agency Program Administrators exist in the system today?

There are sixty-eight (68) Program Administrator Purchase Cards and forty-five (45) Travel Cards. All of the cards are State Level. Cooperative Purchasing Partners handle business with Vendors separately.

23
4.5 Enrollment and Implementation
How many Using Agencies will need to be implemented?

There are currently one hundred and thirty-six (136) corporate billing accounts. Some agencies have multiple corporate billing accounts. This information is subject to change.

24
Section 4.5, Enrollment and Implementation
Will there be a single point of contact for all programs, or will each entity have its own?

There will be a primary point of contact for the State’s P-Card Administrator. Each State entity will have a contact as well. ICC agencies and local government will each have their own Program Administrator.

25
Section 4.5, Enrollment and Implementation
Regarding the 90-day implementation window: would the State please confirm that the countdown begins following the contract signature, rather than upon contract award?

The 90-day implementation window begins at the time of the notice of award.

26
Section 4.5 A
This section states that the contractor shall develop and maintain a completely functional website. Can you please elaborate on the purpose and specifications?

The website shall include, but is not limited to, providing for administrators to monitor corporate account balances and each cardholder’s balances and daily transactions; update cardholder profiles; monitor to see if and when a card was declined and the reason for the decline; access statements; and any other applicable website requirements specified by this Bid Solicitation.

27
4.10.2 Card Issuance
Does the State contract require any Travel Card programs to be issued with Individual Liability where the applicant is subject to a credit check review by the card issuer?

No, the State does not require any cardholder to provide Personal Identifiable Information (PII) for card issuance and does not run credit checks.

28
4.11 Account Maintenance and Changes
1) Why is the contractor not permitted to make any changes without the prior written approval of the Using Agency Program Administrator?

Accounts are set up a specific way depending on the Using Agency. The Contractor must obtain permission from the Using Agency before making any changes to the account.

2) If the contractor complies with your request and suffers a loss as a result, are you willing to indemnify the bank?

No, the State will not indemnify the bank.

29
4.12 Disputed transactions
The requirement states: "The Contractor shall resolve any disputed transactions resulting from unauthorized charges, credits, and/or billing errors in billing within 60 calendar days of receiving the dispute." Mastercard’s standard SLA for disputed transactions is 90 days. We would request that that Section 4.12 be changed to reflect that.

The State accepts this proposed modification. This Section has been revised to reflect 90 calendar days. Please refer to Section 4.12 of the Revised Bid Solicitation.

30
4.12 Disputed Transactions
Is the 60 calendar days timeline requirement for Dispute resolution start from the statement billing cycle date in which the disputed transaction occurred, or from the posting date of the transaction?

This Section has been revised to reflect 90 calendar days. The 90 calendar day timeline begins when the dispute has been received.

31
4.12 Disputed Transactions
Would the State consider modifying this section to remove the 60 calendar days provision and allow for "commercially reasonable efforts" to resolve disputes?

The State does not accept this proposed modification. However, this requirement has been modified as part of this Bid Amendment. Please refer to the answer to Question #29 and Revised Bid Solicitation Section 4.12. Disputed Transactions.

32
4.12 Disputed Transactions
Would the State consider modifying this section to remove the 60 calendar days provision and allow for "commercially reasonable efforts" to resolve disputes?

The State does not accept this proposed modification. However, this requirement has been modified as part of this Bid Amendment. Please refer to the answer to Question #29 and Revised Bid Solicitation Section 4.12. Disputed Transactions.

33
Section 4.13: Pcard and Travel Card Use
Would the State consider a One Card solution that combines procurement and travel into a single card?

The State does not accept this proposed modification.

34
Section 4.15, Technology Requirements
Does the State expect they will utilize the contractor’s platform for the card transaction allocation and expense distribution?

Does the State expect they will utilize the contractor’s platform for the card transaction allocation and expense distribution? (duplicate) Yes, the State expects to utilize the Contractor’s platform for the P-Card transaction allocation and expense distribution.

35
4.15.2 A. Download Mapping
Can the State please provide and example of the Linking Code and how this controls the geographic areas and use of the Pcard or TE cards?

The State does not control geographic areas the P-Card can be used. The cards can be used globally as the State has some cardholders that travel internationally.

36
Section 4.15.3, Data Mapping
Can the State please provide some examples of the data mapping content and hard-coded values to better understand the circumstances?

No, the Division of Purchase and Property does not have access to this information.

37
Section 4.16.1, Billing
How many days are the State’s current cycle (i.e., 30 days, 14 days, etc.)?

The State is on a 14 calendar day cycle.

38
Section 4.16.2, Payments
How quickly does the State pay the bank in the current program (i.e., how many days after cycle, right on cycle, etc.)?

The State is on a 14 calendar day cycle.

39
Section 4.18, Rebates
Would the State allow for quarterly payouts or semiannual payouts based on the spend volume for that period? The RFP currently requires semiannual payouts with a true up on the second payout, which requires manual intervention

The State does not accept the proposed modification. The State requires semi-annual payouts as per Revised Bid Solicitation Section 4.18.2, Rebate Checks.

40
Section 4.18, Rebates
Since the last time the State has gone out to RFP, there have been many changes to the interchange models. There are now various discount interchanges Mastercard and VISA have created such as Large Ticket, Merchant Preferred Interchange and Level 3 Interchange. All these are discounted from standard interchange and make it difficult for respondents to offer a single rebate factor. Most contracts now include an additional grid called â discount interchangeâ, allowing banks to offer a larger rebate percentage for standard interchange transactions and a lower one for discounted interchange transactions. Would the State please consider adding a column for discount interchange?

The State does not accept this proposed modification.

41
Section 4.18, Rebates
In order to ensure accurate measurement and prevent the possibility of human error in managing the true up calculations, would the State consider one of these options:

A) Annual true up (higher risk, not preferred) optionâ??If the State requires an annual true up, would you consider that the spend volume during the first six month be annualized and paid out on that time period? (Example: If you spent $50 million in first six months, we would annualize that and pay out on the $100 million tier of the grid and the at end of the year; if you are at $100 million, we would pay at that same rate on the second six months spend).

B) Quarterly rebate (lowest risk, preferred solution) option? Would the State consider a quarterly rebate based on the quarterly spend? This would allow the State to receive funds quicker and the reporting on this is very simple.

The State does not accept the proposed modification. The State requires semi-annual payouts as per Revised Bid Solicitation Section 4.18.2, Rebate Checks.

42
4.18.2 Rebate Checks
Is the State open to monthly, quarterly or annual payouts?

The State does not accept the proposed modification. The State requires semi-annual payouts as per Revised Bid Solicitation Section 4.18.2, Rebate Checks.

43
Section 4.19, Policies and Procedures
Regarding the establishment of policies and procedures specific to the purchasing and travel cards in consultation with the SCM, is it the expectation that the contractor assist with the creation of policies and procedures regarding usage, disputed transactions, unauthorized transactions and reporting lost or stolen cards for the State?

Yes, the expectation is that the Contractor will assist the SCM with the creation of policies and procedures as specified in Section 4.19 of the Revised Bid Solicitation.

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Data Security Requirements
Given that section 6 of the RFP requires a Security Plan that requires written approval of the State that each applicable security requirement is satisfied, which may entail alternatives, is the State amenable to additional language that clarifies the required written approval is conclusive? “The Contractor shall submit a detailed Security Plan that addresses the Contractorârs approach to meeting each applicable security requirement outlined below, to the State, no later than thirty (30) calendar days after the award of the Contract. The State approval of the Security Plan shall be set forth in writing, and shall be conclusive that the Contractor is in compliance with the requirements of this Solicitation for so long as Contractor maintains the Security Plan. In the event that the State reasonably rejects the Security Plan after providing the Contractor an opportunity to cure, the Director may terminate the Contract pursuant to the SSTC.” For example, there is a proposed requirement in Section 6.1.6 that precludes data from passing outside the Uniteds States in order to protect Privacy. As will be noted on the required Source Disclosure Form in more detail, although the services are performed within the United States, the Bank is unable to contractually agree to limit the data location to the United States as proposed, though the Bank can and will demonstrate how data privacy is protected regardless of where located.

The State accepts the proposed language modification. Please refer to Revised Bid Solicitation Section 6.1, Security Plan.

However, it is required that the Contractor agree and abide by the requirement to limit data location to the United States. All State data must be processed, retained, stored, and generally handled strictly within the United States.

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6.1.2 Compliance (Data Security Requirements Bid Solicitation)
We understand the required compliance provision addresses potential applicable requirements generally but the specific language of the requirement states "Examples include', given that not all of the referenced requirements are likely to apply, is the State amenable to altering this provision to state "Examples may include but are not limited to..." in order for the contemplated Security Assessment to assess the Bank's practices with respect to only the applicable requirements.

If amenable, we would request the same revisions to the other section of the Solicitation that also references these laws (Section 6.1.6).

The State accepts the proposed language modification. Please refer to Revised Bid Solicitation Section 6.1.2, Compliance.

The State does not accept the proposed modification for Section 6.1.6.

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6.1.2 Compliance and 6.1.6 B Privacy (Security Plan Bid Solicitation Section 6.1)
How does the HIPPA compliance apply to the State Pcard contract and can current examples of this use be provided for context?

Section 6.1.6(B) of the Revised Bid Solicitation states, "...are subject to all applicable international, federal and state statutory and regulatory requirements… including, without limitation, those for HIPAA…” Please note the use of "all applicable".

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7.1.3 Limitation of Liability Options
The Contractor’s liability to the State for actual, direct damages resulting from the Contractor’s performance or non-performance of, or in any manner related to this Contract, for any and all claims, shall be limited in the aggregate to 100 of the total value of this Contract? Question: How do you determine the value of this contract given its no fee rebate structure.

In accordance with Revised Bid Solicitation Section 7.1, Indemnification and Insurance: The Contractor’s liability to the State for actual, direct damages resulting from the Contractor’s performance or non-performance of, or in any manner related to this Contract, for any and all claims, shall be limited in the aggregate to 100 of the total value of this Contract.” The Limitation of Liability of "100%” is based off of the total spend of the Contract.

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Attachment 1 Mandatory Terms & Conditions, various sections
The terms and conditions include various sections regarding construction, public works or other onsite physical services. As card providers do not provide real estate, project management or construction services, may bidders clarify which specific sections do not apply? In our assessment the inapplicable sections include 2.4, Exhibits B and C, sections 3.1 through 3.6 and sections 7.2 through 7.7.

The State cannot clarify the applicability of specific sections. The Contract will involve multiple parties providing multiple services. The applicability of any section depends upon the party providing the service, and the service being provided. Be advised that any State or federal statutory or regulatory requirement cannot modified or removed from the SSTCs.

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Attachment 1 Terms and Conditions
[Bank] has reviewed the State of New Jersey’s Standard Terms and Conditions (Attachment 1), the General Contract Terms (Section 5 of the Bid Solicitation) (the General Terms), the Data Security Requirements (Section 6 of the Bid Solicitation) (the Data Security Requirements) and Modifications to the State of New Jersey Standard Terms and Conditions (Section 7 of the Bid Solicitation) (all such terms and conditions are referred to below, collectively, as the Terms). For a number of reasons discussed in more detail below, [Bank] is not able to agree to contract with the State of New Jersey (the State) on those Terms. At a conceptual level, we note many sections of the State’s Terms contemplate the supply of tangible goods, professional services, or construction work, none of which are comparable to the provision of T&E or P-card services, and therefore these provisions are not really apt in this case. The Terms also appear to contemplate that [Bank’s]s services would be provided from within the State of New Jersey and involve the use of [Bank] personnel subject to the State of New Jersey’s laws regarding labor and employment. Any contract between the State of New Jersey and [Bank] (if selected as the winning bidder) would be with [Bank], a wholly owned subsidiary of [Bank] Inc. ([Bank]). [Bank] Bank is headquartered in […]. Its parent company, [Bank] Inc., is headquartered in […] Certain services may be supported by [Bank] offices in […..], […..] and […], [….]. Although the cards issued by […] Bank are accepted by merchants in the State of New Jersey (and throughout the United States, and in the case of Mastercard-enabled products, locations where Mastercard is accepted), it is not anticipated that any part of the services will be provided from or require any employees or agents of [Bank} to travel to the State of New Jersey. (CONTINUED IN FOLLOWING QUESTION DUE TO CHARACTER LIMIT)

(CONTINUED FROM PREVIOUS QUESTION DUE TO CHARACTER LIMIT) [Bank] does not believe any New Jersey laws regarding labor or employment would apply to [Bank] personnel located outside the State of New Jersey (and cannot agree by contract to comply with laws that do not apply to it and that may conflict with the laws of the states where such personnel are located). That being said, [Bank] complies with all federal, state and local laws applicable to its business, including all applicable federal, state and local labor and employment laws. In addition, […] Bank is a Utah-chartered industrial bank regulated by the state of […] and the Federal Deposit Insurance Corporation (the FDIC). The T&E and P-card services […] would be providing would involve the extension of credit to the State of New Jersey. The FDIC and […] banking regulators require […] Bank to employ approved contractual terms when issuing credit to customers. To that end, those regulators have specifically vetted and approved our existing customer contract forms for compliance with federal and state banking laws. Our contracts are also reviewed to ensure they comply with any applicable third-party card network rules (e.g., Mastercard). (CONTINUED IN FOLLOWING QUESTION DUE TO CHARACTER LIMIT) (CONTINUED FROM PREVIOUS QUESTION DUE TO CHARACTER LIMIT) Our standard contract forms have also been vetted internally to ensure they conform to our operating practices and procedures. The T&E and P-card products provided by […] would be provided on a shared card platform that serves thousands of customers (including private businesses and other governmental entities). Just as it is not practical for […] to contract on terms that have not been approved by its regulators, it is also not practical for […] to contract on unfamiliar terms not vetted against its standard practices and procedures. Likewise, it is not feasible for […] to modify such standard practices and procedures for any one of its thousands of customers relying on the same shared card platform. If […] were to agree to such an approach, it would forfeit any economies of scale realized from such a shared card platform to the detriment of all […] customers in the form of increased costs […] would be forced to pass through to such customers.

The State does not accept the proposed modification.

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Attachment 1 Terms and Conditions/Data Security
Regarding the Data Security Requirements specifically and certain sections of the General Terms Regarding Ownership of Deliverables and Data: [Bank] Bank complies with federal and [State]-state banking laws regarding information security and privacy and is further certified in accordance with the Payment Card Industry Data Security Standard (PCI DSS). [Bank] cannot modify its information security practices for any one customer nor is it practical for [Bank] to agree to be bound by a set of contractual data security requirements that may be inconsistent with its banking or PCI DSS obligations. We also note that no custom development or systems will be implemented for the State by [Bank], and that no services involve the production of deliverables that would be considered work-for-hire under applicable copyright laws. Further, in addition to its relevance to the State, transaction data would be relevant to accepting merchants and applicable third-party card networks, to which [Bank] owes contractual obligations, and [Bank’s] regulators exercising oversight over [Bank]. For these reasons, [Bank] must reserve rights in transactional data consistent with its operational requirements and banking compliance.

(CONTINUED IN FOLLOWING QUESTION DUE TO CHARACTER LIMIT)(CONTINUED FROM PREVIOUS QUESTION DUE TO CHARACTER LIMIT) For all of the foregoing reasons, [Bank] must respectfully make it a condition of its bid that any resulting contract (if [Bank’s] bid is selected as the winner) would need to be on the terms of [Bank’s] regulator-approved and operationally-vetted form of T&E and P-card credit agreement (and not the State’s Terms). To enable the State to evaluate this proposed contracting approach, we are providing a copy of our current T&E/P-card contract template as a part of our response. The foregoing notwithstanding, if [Bank] is selected as the winning bidder, [Bank] is prepared to entertain adopting mutually acceptable revisions to its form contract which may include mutually agreeable provisions of the State’s Terms that (a) are applicable to the T&E and P-card products being offered by [Bank}, (b) do not conflict with [Bank’s] regulatory obligations as a bank or its obligations to accepting merchants and card networks, and (c) do not impose any impractical operational obligations given the â??shared card platformâ?? nature of [Bank’s] T&E and P-card products.

The State does not accept the proposed modification.

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Attachment 1 - Standard Terms and Conditions
Please note that a number of sections and exhibits contained within this Attachment 1 are applicable only to contracts for public work, construction or similar services. In order to create an agreement more applicable the services provided, Bank proposes reserving all such sections as they do not apply and may lead to confusion or ambiguity within the resulting agreement

The State cannot clarify applicability to specific sections. The Contract will involve multiple parties providing multiple services. The applicability of any section depends upon the party providing the service, and the service being provided. Be advised that any State or federal statutory or regulatory requirement cannot modified or removed from the SSTCs.

52
Attachment 1 - Standard Terms and Conditions
The Standard Terms and Conditions in Attachment 1 (STC) provide many provisions that are not applicable to the services and therefore not required legally (i.e. Public Works Contract provision). Upon award or conditional award, will the State consider a provision in the Contract memorializing provisions that do not in fact apply to the services contemplated?

The State cannot clarify applicability to specific sections. The Contract will involve multiple parties providing multiple services. The applicability of any section depends upon the party providing the service, and the service being provided. Be advised that any State or federal statutory or regulatory requirement cannot be modified or removed from the State’s Standard Terms and Conditions SSTCs.

53
Attachment 1 - Mandatory Terms & Conditions, Section 2.4
Would the state please confirm if respondents must confirm compliance with all Exhibits listed (A, B and C)? If not, which are required?

The State cannot clarify applicability to specific sections. The Contract will involve multiple parties providing multiple services. The applicability of any section depends upon the party providing the service, and the service being provided. Be advised that any State or federal statutory or regulatory requirement cannot be modified or removed from the SSTCs.

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Att. 1, Mandatory Terms & Conditions, Section 2.6 ADA compliance & 5.22 Accessibility
Would the state please confirm that, should 2.6 ADA compliance apply to a banking/corporate card services provider, furnishing a VPAT satisfies both sections 2.6 and 5.22?

It is confirmed that the Vendor must comply with Section 2.6 – Americans with Disabilities Act (ADA). Furnishing a Voluntary Product Accessibility Template (VPAT) is not sufficient to satisfy all of a Vendor’s obligations under the ADA.

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Att. 1, Mandatory Terms & Conditions, Section 2.6 ADA compliance & 5.22 Accessibility
Which version of the VPAT form should bidders complete/furnish with their response? Please issue the required form version or furnish a link to an online resource to obtain the form.

The State cannot provide a VPAT template or link.

56
Attachment 1, Section 4.1(A), Indemnification
In commercial card services agreements, indemnification obligations of a vendor are typically limited to the extent of the State’s negligence or willful misconduct. Bank proposes the following changes (within brackets - requested additions = [], requested deletions = {}): A. Indemnification for Third Party Claims [Except to the extent of the State of New Jersey’s negligence or willful misconduct,] the contractor shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the State of New Jersey and its employees from and against any and all [third-party] claims, demands, suits, actions, recoveries, judgments and costs and expenses in connection therewith [(collectively, claims)] which shall arise from or result directly or indirectly from the work and/or materials supplied under this contract, including liability of any nature or kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract;

Please refer to Section 7.1 of the Revised Bid Solicitation as Section 4.1(A) of the SSTC has been revised.

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Attachment 1, Section 4., Indemnification
Bank proposes some additional clarifications on the procedures related to indemnification as a new subsection D (within brackets - requested additions = [], requested deletions = {}): D. [The contractor’s indemnity obligations are conditioned upon (i) the State of New Jersey providing the contractor with prompt notice of the claim; (ii) the State of New Jersey allowing the contractor full control in defending or settling such claim; and (iii) the State of New Jersey providing the contractor with reasonable assistance in connection therewith.]

Please refer to Section 7.1 of the Revised Bid Solicitation as Section 4.1(D) has been revised.

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Att. 1 4.1 Indemnification
As a matter of policy the Bank does not agree to indemnification provisions of this nature in agreements of this type. Additionally, the Bankâs commercial card Agreement does not contain an indemnity provision. The Bank is, however, willing to discuss limitation of liability language in good faith.

The Contractor is required to provide indemnification to the State. Please refer to Section 7.1 of the Revised Bid Solicitation for further information.

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Attachment 1, Section 4.2, Insurance, Paragraph 1
Bank can only agree to maintain particular insurance and can only agree to notify the state if a particular policy is canceled, not simply materially altered. Bank proposes the following changes (within brackets - requested additions = [], requested deletions = {}): The contractor shall {secure and} maintain in force for the term of the contract insurance as provided herein. All required insurance shall be provided by insurance companies with an A-VIII or better rating by A.M. Best & Company. All policies must be endorsed to provide 30 days’ written notice of cancellation or material change to the State of New Jersey at the address shown below.

Please refer to Section 7.1 of the Revised Bid Solicitation as Section 4.2 of the SSTCs has been revised.

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Att. 1 5.5 Change in Law
We appreciate the Change in Law provision located in 5.5. of the Standard Terms and Conditions but would respectfully request it be broadened (i) to permit termination for convenience in the event the parties are unable to agree on an equitable adjustment and (ii) apply to a change in law, regulation, or applicable third party requirements.

The State does not accept this proposed modification.

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Att. 1, Mandatory Terms & Conditions, Section 5.7, Termination of Contract
Federal bank examiners and external auditors would likely rule that entering into a multiyear contract with no termination rights coincides with unsound fiscal policy and could present an unacceptable risk to depositors, shareholders and taxpayers. Would the State agree to allow some termination rights for the bank? For example: a Termination for Convenience provision? Or, Termination for Cause rights such as Failure to Pay after a Specified Cure Period and Failure to Comply with Applicable Material Law, including AML/Sanctions?

The State does not accept this proposed modification. Contractor’s rights in a case of non-payment are limited to those set forth in the SSTCs in Section 5.21, Claims…

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