T2010 Revised Bid Solicitation 042619.pdf

Bid Solicitation

Bid # 19DPP00325

For: T2010 – Administrative Services for Section 125 Flexible Spending Account

Event Date Time

Vendor’s {Bidder’s} Electronic Question Due Date (Refer to Bid Solicitation Section 1.3.1 for more information.)

2/11/2019 2:00 PM

Mandatory/Optional Pre-Quote Submission Conference (Refer to Bid Solicitation Section 1.3.5 for more information.)

Not Applicable

Mandatory/Optional Site Visit (Refer to Bid Solicitation Section 1.3.4 for more information.)

Not Applicable

Quote Submission Date (Refer to Bid Solicitation Section 1.3.2 for more information.)

5/17/20195/24/2

2:00 PM

Dates are subject to change. All times contained in the Bid Solicitation refer to Eastern Time. All changes will be reflected in Bid Amendments to the Bid Solicitation posted on the Division of Purchase and Property website and on www.njstart.gov.

Small Business

Set-Aside

Status ☐ Not Applicable

☐ Entire Blanket P.O.

☐ Partial Blanket P.O.

☒ Subcontracting Only

Category

☒ I ☐ IV

☒ II ☐ V

☒ III ☐ VI

Bid Solicitation Issued By Using Agency/Agencies

State of New Jersey State of New Jersey Department of the Treasury Department of the Treasury Division of Purchase and Property Division of Pensions and Benefits Trenton, New Jersey 08625-0230 Trenton, NJ 08625

Date: 4/26/20191/16/2019 http://www.njstart.gov/

Table of Contents

INFORMATION FOR VENDORS {BIDDERS}

PURPOSE AND INTENT

BACKGROUND

KEY EVENTS

ELECTRONIC QUESTION AND ANSWER PERIOD

SUBMISSION OF QUOTES

VENDOR {BIDDER} SUPPORT

MANDATORY/OPTIONAL SITE VISIT

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

PRE-QUOTE DOCUMENT REVIEW

ADDITIONAL INFORMATION

BID AMENDMENTS: REVISIONS TO THIS BID SOLICITATION

VENDOR {BIDDER} RESPONSIBILITY

COST LIABILITY

CONTENTS OF QUOTE

ANNOUNCEMENT OF QUOTE INFORMATION

PRICE ALTERATION IN QUOTES

QUOTE ERRORS

JOINT VENTURE

RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE

QUOTE ACCEPTANCES AND REJECTIONS

ELECTRONIC SIGNATURES

DEFINITIONS

GENERAL DEFINITIONS

BLANKET P.O.-SPECIFIC DEFINITIONS/ACRONYMS

SCOPE OF WORK

GENERAL REQUIREMENTS

SPECIFIC REQUIREMENTS

PROCESSING ENROLLMENTS

PAYMENT CARD SERVICES

OTHER REQUIRED SERVICES

CLAIMS PROCESSING SERVICES

ACCOUNT MAINTENANCE

FILE EXCHANGE REQUIREMENTS

END OF YEAR SERVICES

REPORTS

INTERFACES

DOCUMENT MANAGEMENT

OTHER REQUIREMENTS

ASSESSMENTS / PLANS

SECURITY PLAN

DISASTER RECOVERY PLAN

BACKUP PLAN

PROJECT WORK PLAN

QUALITY MANAGEMENT PLAN

PROJECT MANAGEMENT PLAN

TECHNICAL ENVIORNMENT

STATE TECHNOLOGY REQUIREMENTS AND STANDARDS

HOSTING AND BACKUP SERVICES

EXTRANET PLAN

EXTRANET USE CASES

EXTRANET OPTIONS

EXTRANET TOPOLOGY AND TECHNOLOGIES

TRANSMISSION OF FILES

SYSTEM PERFORMANCE, AVAILABILITY, AND RELIABILITY

BUSINESS CONTINUITY

PROJECT CLOSEOUT

QUOTE PREPARATION AND SUBMISSION

GENERAL

QUOTE DELIVERY AND IDENTIFICATION

NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

NJSTART SUBMISSION OF QUOTE

HARD COPY SUBMISSION

QUOTE CONTENT

FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH QUOTE

FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED BEFORE BLANKET P.O. AWARD AND THAT

SHOULD BE SUBMITTED WITH THE QUOTE

TECHNICAL QUOTE

ORGANIZATIONAL SUPPORT AND EXPERIENCE

STATE-SUPPLIED PRICE SHEET

COOPERATIVE PURCHASING PROGRAM

ORAL PRESENTATIONS

SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O

PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS

BLANKET P.O. TERM AND EXTENSION OPTION

BLANKET P.O. TRANSITION

CHANGE ORDER

VENDOR {CONTRACTOR} RESPONSIBILITIES

SUBSTITUTION OF STAFF

SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)

OWNERSHIP OF MATERIAL

SECURITY AND CONFIDENTIALITY

DATA CONFIDENTIALITY

DATA SECURITY STANDARDS

TAX RETURN DATA SECURITY

SECURITY PLAN

NEWS RELEASES

ADVERTISING

LICENSES AND PERMITS

CLAIMS AND REMEDIES

CLAIMS

REMEDIES

REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL BLANKET P.O. REQUIREMENTS

LIQUIDATED DAMAGES

RETAINAGE

ADDITIONAL WORK AND/OR SPECIAL PROJECTS

MODIFICATIONS AND CHANGES TO THE STATE OF NJ STANDARD TERMS AND CONDITIONS (SSTC)

INDEMNIFICATION

INSURANCE - PROFESSIONAL LIABILITY INSURANCE

PERFORMANCE GUARANTEE OF VENDOR {CONTRACTOR}

ACCESSIBILITY COMPLIANCE

BLANKET P.O. ACTIVITY REPORT

ELECTRONIC PAYMENTS

PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES

QUOTE EVALUATION

RIGHT TO WAIVE

DIRECTOR’S RIGHT OF FINAL QUOTE ACCEPTANCE

STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES

CLARIFICATION OF QUOTE / STATE'S RIGHT TO REQUEST FURTHER INFORMATION

QUOTE EVALUATION COMMITTEE

ORAL PRESENTATION

EVALUATION CRITERIA

TECHNICAL EVALUATION CRITERIA

VENDOR’S {BIDDER’S} STATE-SUPPLIED PRICE SHEET

QUOTE DISCREPANCIES

EVALUATION OF THE QUOTES

NEGOTIATION AND BEST AND FINAL OFFER (BAFO)

“REQUEST FOR REVISION” WITHIN NJSTART

POOR PERFORMANCE

BLANKET P.O. AWARD

DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD

REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25

(FORMERLY EXECUTIVE ORDER NO. 134), EXECUTIVE ORDER NO. 117 (2008) AND N.J.A.C. 17:12-5 ET SEQ

SOURCE DISCLOSURE REQUIREMENTS

AFFIRMATIVE ACTION

BUSINESS REGISTRATION

FINAL BLANKET P.O. AWARD

INSURANCE CERTIFICATES

PERFORMANCE SECURITY

BLANKET P.O. ADMINISTRATION

STATE CONTRACT MANAGER

STATE CONTRACT MANAGER RESPONSIBILITIES

COORDINATION WITH THE STATE CONTRACT MANAGER

STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS

INFORMATION FOR VENDORS {BIDDERS}

NOTICE: This Bid Solicitation is part of the NJSTART Procurement Program. The Vendor {Bidder} is advised to thoroughly read all sections, as many have been revised, and follow all instructions contained in this Bid Solicitation, including the instructions on the Bid Solicitation’s Offer and Acceptance Page and read through all Quick Reference Guides (QRGs) located on the NJSTART Vendor Support Page (http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml), before preparing and submitting its Quote.

NJSTART terminology is used throughout this document. See Bid Solicitation Section 2.1 for a crosswalk of NJSTART terminology to legacy terminology.

Please be advised that in accordance with P.L. 2018, c. 9, also known as the Diane B, Allen Equal Pay Act, which was signed in to law by Governor Phil Murphy on April 24, 2018, a contractor performing “qualifying services” or “public work” to the State or any agency or instrumentality of the State shall provide the Commissioner of Labor and Workforce Development a report regarding the compensation and hours worked by employees categorized by gender, race, ethnicity, and job category. For more information and report templates see https://nj.gov/labor/equalpay/equalpay.html.

PURPOSE AND INTENT

This Bid Solicitation is issued by the Procurement Bureau, Division of Purchase and Property, Department of the Treasury on behalf of the Division of Pensions and Benefits (DPB), Department of the Treasury. The purpose of this Bid Solicitation is to solicit Quotes to administer two (2) Flexible Spending Account (FSA) plans under the State’s Section 125 Tax Savings Program for the Department of Treasury, Division of Pensions.

The intent of this Bid Solicitation is to award a Master Blanket Purchase Order (Blanket P.O.) to that responsible Vendor {Bidder} whose Quote, conforming to this Bid Solicitation is most advantageous to the State, price and other factors considered. The State may award any and all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket P.O. during the Blanket P.O. term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.

The State of NJ Standard Terms and Conditions (SSTC) accompanying this Bid Solicitation will apply to all Blanket P.O.s made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this Bid Solicitation and should be read in conjunction with them unless the Bid Solicitation specifically indicates otherwise.

BACKGROUND

The Section 125 Tax Savings Program was established in 1996 pursuant to N.J.S.A. 52:14-15.1a.

This program consists of three (3) separate component plans: a) an Unreimbursed Medical Spending Account (UMSA); b) a Dependent Care Spending Account (DCSA); c) and a premium conversion plan. Under the UMSA plan, eligible employees can set aside up to $2,500 on a pre-tax basis for out-of-pocket expenses not covered by insurance. Employees can set aside up to $5,000, the current federal limit, under the DCSA. The premium conversion plan allows employees to pay any State Health Benefits Program (SHBP) medical and/or dental premiums they have with before-tax dollars. This is a multiple-employer program, which is available to full-time State employees eligible for employer paid health insurance coverage through the SHBP. The Vendor {Contractor} is not required to perform any services with regard to the premium conversion plan.

The annual open enrollment period for the Section 125 program generally runs from October 1st through October 31st. Eligible employees who fail to enroll during the open enrollment period are http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml https://nj.gov/labor/equalpay/equalpay.html not permitted to participate in the program for the upcoming plan year unless they experience a qualifying change in family status. New hires and other newly eligible employees are eligible to participate in the FSA plans after a waiting period of 60 calendar days for the UMSA plan and 30 calendar days for the DCSA plan.

The minimum election amounts are $100 per calendar year for the UMSA and $250 per calendar year for the DCSA.

Reimbursement claims are processed within five (5) days of receipt of a properly completed claim form including required supporting documentation. Reimbursement checks are mailed to the participant’s home address. Participants can also elect to receive reimbursements via direct deposit. UMSA participants receive a stored value credit card that can be used to pay for qualifying medical expenses. The stored value card is not used in the DCSA plan.

Internet services will be provided by the Vendor {Contractor} to participants including the access to plan forms and instructions, online enrollment during the annual open enrollment period, online claims submission, and online access to account information. Participants can access limited account information via an Interactive Voice Response (IVR) unit system.

Both FSA plans have adopted the 2 ½ month Grace Period, extension rule for incurring qualifying expenses, which occurs from January 1 through March 15. The Run-out Period for filing reimbursement claims following the end of the plan year is January 1 through April 30.

Organizational Structure: Full-time employees of the State of New Jersey and full-time employees at the various New Jersey State Colleges and Universities are eligible to participate in the State’s Section 125 FSA Program. Employees at the various State Departments and Agencies are on the State’s Centralized Payroll. The State Higher Education Institutions are separate entities and each has their own payroll. The Division of the Pensions and Benefits (DPB) is responsible for overseeing the administration of the FSA Program and the services being performed by the Vendor {Contractor}. DPB is also responsible for establishing rules and procedures for the program, approving plan materials and forms, approving the payment of Vendor {Contractor} fees, and handling any member issues, member account adjustments and appeals. Designated representatives at the State’s Centralized Payroll Unit and at the various State colleges and universities are responsible for all payroll-related functions, including data file exchanges, making required withholdings based on employee elections, and remitting employee contributions to the Vendor {Contractor}.

Participant Data:

Approximate number of eligible employees: 122,500

1. Employees currently participating in a Flexible Spending Account: 7,783;

2. Employees with an Unreimbursed Medical Spending Account: 7,700; and

3. Employees with a Dependent Care Spending Account: 1,612.

Listing of Participating Employers:

1. State of New Jersey (Centralized Payroll);

2. The College of New Jersey;

3. New Jersey City University;

4. Kean University;

5. Montclair State University;

6. New Jersey Institute of Technology;

7. New Jersey Building Authority;

8. Palisade Interstate Park Commission;

9. Rowan University;

10. Ramapo College of New Jersey;

11. Rutgers University;

12. Richard Stockton College of New Jersey;

13. Thomas Edison State College;

14. University of Medicine and Dentistry of New Jersey; and

15. William Paterson University.

This is a reprocurement of the Administrative Services for Section 125 Flexible Spending Account under Blanket Purchase Order 84950, T2010 presently due to expire on December 31, 2019.

Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. (Enter T2010) at www.njstart.gov by following these steps:

Go to: www.njstart.gov Select “Contract & Bid Search” Select “Contracts/Blankets” Under “Contract/Blanket Description” type in (Enter T2010), Click “Find It” The current Blanket P.O’s will appear under “Results”.

Vendors {Bidders} are cautioned that this new Bid Solicitation addresses current requirements.

KEY EVENTS

ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Vendors {Bidders} via the “Q&A” Tab of the Bid Solicitation in NJSTART.

A. Questions should be directly tied to the Bid Solicitation and asked in consecutive order, from beginning to end, following the organization of the Bid Solicitation; and

B. Each question should begin by referencing the Bid Solicitation page number and section number to which it relates.

Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

A Vendor {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 the final award of the Blanket P.O.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation is indicated on the Bid Solicitation cover sheet. In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation. Bid Amendments {Addenda} to this Bid Solicitation, if any, will be posted as a File Attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date.

(See Bid Solicitation Section 1.4.1 for further information.)

EXCEPTIONS TO THE STATE OF NJ STANDARD TERMS AND CONDITIONS (SSTC)

Questions regarding the State of New Jersey Standard Terms and Conditions (SSTC) and exceptions to mandatory requirements must be posed during this Electronic Question and Answer period and shall contain the Vendor’s {Bidder’s} suggested changes and the reason(s) for the suggested changes.

SUBMISSION OF QUOTES

In order to be considered for award, the Quote must be received by the Procurement Bureau of the Division at the appropriate location by the required time.

Vendors {Bidders} shall submit a Quote either electronically through NJSTART or via hard copy.

QUOTES NOT RECEIVED PRIOR TO THE QUOTE OPENING DEADLINE SHALL BE

REJECTED. THE DATE AND TIME OF THE QUOTE OPENING ARE INDICATED ON THE BID

SOLICITATION COVER SHEET AND ON THE “SUMMARY” TAB OF THE BID SOLICITATION

WEBPAGE WITHIN NJSTART.

IF THE QUOTE OPENING DEADLINE HAS BEEN REVISED, THE NEW QUOTE OPENING

DEADLINE SHALL BE SHOWN ON THE POSTED BID AMENDMENT AND ON THE

“SUMMARY” TAB OF THE BID SOLICITATION WEBPAGE WITHIN NJSTART.

Procedural inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov and/or (609) 341-3500.

The State will not respond to substantive questions related to the Bid Solicitation or any other Blanket P.O. via this e-mail address or phone number. For inquiries related to substantive questions refer to Section 1.3.1 (Electronic Question and Answer Period).

VENDOR {BIDDER} SUPPORT

Vendors {Bidders} are strongly encouraged to visit the NJSTART Vendor Support Page, which contains Quick Reference Guides (QRGs), supporting videos, a glossary of NJSTART terms, and helpdesk contact information.

The Vendor {Bidder} should utilize the QRGs before attempting to submit its Quote using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote and attachments have been properly submitted.

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

Not applicable to this procurement.

PRE-QUOTE DOCUMENT REVIEW

The following are publicly available documents that a Vendor {Bidder} needs to review in order to prepare and submit accurate and comprehensive Quotes:

A. Section 125 Tax Savings Program: https://www.irs.gov/government-entities/federal-state-local-governments/faqs-for-government-entities-regarding-cafeteria-plans

B. IRS Revenue Rulings 2006-69: https://www.irs.gov/irb/2006-31_IRB#NOT-2006-69

C. IRS Revenue Rulings 2007-2: https://www.irs.gov/irb/2007-02_IRB#NOT-2007-2

D. IRS Revenue Rulings 2003-43: https://www.irs.gov/pub/irs-drop/rr-03-43.pdf mailto:njstart@treas.nj.gov https://www.irs.gov/government-entities/federal-state-local-governments/faqs-for-government-entities-regarding-cafeteria-plans https://www.irs.gov/government-entities/federal-state-local-governments/faqs-for-government-entities-regarding-cafeteria-plans https://www.irs.gov/irb/2006-31_IRB#NOT-2006-69 https://www.irs.gov/irb/2007-02_IRB#NOT-2007-https://www.irs.gov/pub/irs-drop/rr-03-43.pdf

ADDITIONAL INFORMATION

BID AMENDMENTS: REVISIONS TO THIS BID SOLICITATION

In the event that it becomes necessary to clarify or revise this Bid Solicitation, such clarification or revision will be by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation.

There are no designated dates for release of Bid Amendments. Those Vendors {Bidders} who are on the bid holder list either through commodity code registration in NJSTART or by acknowledging the bid in NJSTART should receive notification of any Bid Amendment(s). If a Vendor {Bidder} is not on the bid holder list to receive notifications related to a Bid Solicitation, Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

BID AMENDMENTS WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE VIEWABLE ON

THE “SUMMARY” PAGE OF THE BID SOLICITATION IN NJSTART. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instructions. QRGs are located on the NJSTART Vendor Support Page.

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all Bid Amendments related to this procurement. An interested Vendor {Bidder} should check the NJSTART “Open Bids” Tab on a daily basis to ensure review of the most updated information.

VENDOR {BIDDER} RESPONSIBILITY

The Vendor {Bidder} assumes sole responsibility for the complete effort required in submitting a Quote in response to this Bid Solicitation. No special consideration will be given after Quotes are opened because of a Vendor’s {Bidder’s} failure to be knowledgeable as to all of the requirements of this Bid Solicitation.

COST LIABILITY

The State assumes no responsibility and bears no liability for costs incurred by a Vendor {Bidder} in the preparation and submittal of a Quote in response to this Bid Solicitation.

CONTENTS OF QUOTE

Quotes can be released to the public pursuant to N.J.A.C. 17:12-1.2(b) and (c), or under the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1.1 et seq., or the common law right to know.

After the opening of sealed Quotes, including Quotes submitted through the NJSTART electronic process, all information submitted by a Vendor {Bidder} in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Vendor {Bidder}. Proprietary and confidential information may be exempt from public disclosure by OPRA and/or the common law. When the Bid Solicitation contains a negotiation component, the Quote will not be subject to public disclosure until a notice of intent to award a Blanket P.O. is announced.

As part of its Quote, a Vendor {Bidder} may designate any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion.

Vendor {Bidder} must provide a detailed statement clearly identifying those sections of the Quote that it claims are exempt from production, and the legal and factual basis that supports said exemption(s) as a matter of law. Please include a redacted copy of the Quote indicating the sections identified as confidential. The State will not honor any attempts by a Vendor {Bidder} to designate its entire Quote as proprietary, confidential and/or to claim copyright protection for its entire Quote.

The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the Vendor {Bidder} accordingly. Any proprietary and/or confidential information in a Quote will be redacted by the State. Copyright law does not prohibit access to a record which is otherwise available under OPRA.

In the event of any challenge to the Vendor’s {Bidder’s} assertion of confidentiality with which the State does not concur, the Vendor {Bidder} shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Vendor {Bidder}. The State assumes no such responsibility or liability.

A Vendor {Bidder} shall not designate any price lists and/or catalogs submitted as exempt from public disclosure as the same must be accessible to State Using Agencies and Cooperative Purchasing Program participants (if the Bid Solicitation has been extended to these participants) and thus must be made public to allow all eligible purchasing entities access to the pricing information.

In order not to delay consideration of the Quote or the State’s response to a request for documents, the State requires that Vendor {Bidder} respond to any request regarding confidentiality markings within the timeframe designated in the State’s correspondence regarding confidentiality. If no response is received by the designated date and time, the State will be permitted to release a copy of the Quote with the State making the determination regarding what may be proprietary or confidential.

ANNOUNCEMENT OF QUOTE INFORMATION

On the date and time Quotes are due under the Bid Solicitation, all information concerning the Quotes submitted may be publicly announced and shall be available for inspection and copying except as noted below:

A. Information appropriately designated as proprietary and/or confidential shall not be available for inspection and copying; and

B. Where negotiation is contemplated, only the names and addresses of the Vendors {Bidders} submitting Quotes will be announced, and the contents of the Quotes shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

PRICE ALTERATION IN QUOTES

Any price changes including hand written revisions or "white-outs" must be initialed. Failure to initial price changes shall preclude a Blanket P.O. award from being made to the Vendor {Bidder}.

QUOTE ERRORS

In accordance with N.J.A.C. 17:12-2.11 “Proposal errors,” a Vendor {Bidder} may withdraw its Quote as described below.

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

NJSTART: A Vendor {Bidder} may withdraw its Quote submission in NJSTART prior to the Quote opening; however, Vendors {Bidders} should note that while withdrawn NJSTART Quotes remain viewable by the Vendor {Bidder} on its Vendor Profile Homepage, they are removed from the Division’s view and cannot be considered for Blanket P.O. award. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction.

QRGs are located on the NJSTART Vendor Support Page.

Hard Copy: A Vendor {Bidder} may request that its hard copy Quote be withdrawn prior to the Quote opening. Such request must be made, in writing, to the Supervisor of the Proposal Review Unit at the address provided in Section 1.4.7.2 below. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission and at the place specified.

QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO BLANKET P.O. AWARD

NJSTART and Hard Copy: If, after the Quote opening, but before Blanket P.O. award, a Vendor {Bidder} discovers an error in its Quote, the Vendor {Bidder} may make a written request to the Supervisor of the Proposal Review Unit to withdraw its Quote from consideration for award. If the Vendor’s {Bidder’s} request to withdraw is made in good faith, and the State will not be significantly prejudiced by granting the withdrawal of the Quote beyond the loss of the benefit of the bargain to the State of the withdrawing Vendor’s {Bidder’s} offer, the request shall be granted. Evidence of the Vendor’s {Bidder’s} good faith in making this request can be demonstrated by one (1) or more of the following factors: A mistake is so significant that to enforce the Blanket P.O. resulting from the Quote would be unconscionable; that the mistake relates to a material feature or term of the Blanket P.O.; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After Quote opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its Quote and the Director may in his/her discretion allow said Vendor {Bidder} to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Vendor {Bidder} and take those prior requests to withdraw into consideration when evaluating the Vendor’s {Bidder’s} future Quotes.

All Quote withdrawal requests must include the Bid Solicitation identification number and the final Quote submission date and be sent to the following address:

Department of the Treasury Division of Purchase and Property PO Box 230 33 West State Street – 9th Floor Trenton, New Jersey 08625-0039 Attention: Supervisor, Proposal Review Unit

If during a Quote evaluation process, an obvious pricing error made by a potential Blanket P.O.

awardee is found, the Director or his/her designee shall issue written notice to the Vendor {Bidder}.

The Vendor {Bidder} will have up to five (5) business days after receipt of the notice to confirm its pricing. If the Vendor {Bidder} fails to respond, its Quote shall be considered withdrawn, and no further consideration shall be given to it.

JOINT VENTURE

If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance Page. Each party to the Joint Venture must individually comply with all the forms and certification requirements in Sections

4.4.1 and 4.4.2 of this Bid Solicitation.

RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE

In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17:12-2.13, the State of New Jersey will invoke reciprocal action against an out-of-State Vendor {Bidder} whose state or locality maintains a preference practice for its in-state Vendors {Bidders}. The State of New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Procurement Officials, or the National Institute of Governmental Purchasing or a State’s statutes and regulations to identify States having preference laws, regulations, or practices and to invoke reciprocal actions.

The State of New Jersey may obtain additional information as it deems appropriate to supplement the stated survey information.

A Vendor {Bidder} may submit information related to preference practices enacted for a State or Local entity outside the State of New Jersey. This information may be submitted in writing as part of the Quote response, including name of the locality having the preference practice, as well as identification of the county and state, and should include a copy of the appropriate documentation, i.e., resolution, regulation, law, notice to Vendor {Bidder}, etc. It is the responsibility of the Vendor {Bidder} to provide documentation with the Quote or submit it to the Director within five (5) business days after the deadline for Quote submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote submission date may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.

QUOTE ACCEPTANCES AND REJECTIONS

N.J.A.C. 17:12-2.7(d), the Director’s right to waive minor irregularities or omissions in a Quote and N.J.A.C. 17:12-2.2 which defines causes for Quote rejection, apply to all Quotes.

ELECTRONIC SIGNATURES

Vendors {Bidders} submitting Quotes through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket P.O. Award and That Should Be Submitted with the Quote) of this Bid Solicitation electronically by typing the name of the authorized signatory in the “Signature” block as an alternative to downloading, physically signing the form, scanning the form, and uploading the form to NJSTART.

Vendors {Bidders} submitting Quotes in hard copy format, must provide forms with original, physical signatures, otherwise its Quote may be deemed non-responsive.

DEFINITIONS

GENERAL DEFINITIONS

The following definitions will be part of any Blanket P.O. awarded or order placed as a result of this Bid Solicitation.

All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: labor costs, overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.

Best and Final Offer or BAFO – Pricing timely submitted by a Vendor {Bidder} upon invitation by the Bureau after Quote opening, with or without prior discussion or negotiation.

Bid or Bid Solicitation – This series of documents, which establish the bidding and Blanket P.O.

requirements and solicits Quotes to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation, State of NJ Standard Terms and Conditions (SSTC), State-Supplied Price Sheet, attachments, and Bid Amendments.

Bid Amendment – Written clarification or revision to this Bid Solicitation issued by the Bureau. Bid Amendments, if any, will be issued prior to Quote opening.

Business Day – Any weekday, excluding Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Calendar Day – Any day, including Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Change Order – An amendment, alteration, or modification of the terms of a Blanket P.O. between the State and the Vendor(s) {Contractor(s)}. A Change Order is not effective until it is signed and approved in writing by the Director or Deputy Director, Division of Purchase and Property.

Cooperative Purchasing Program – The Division’s intrastate program that provides procurement-related assistance to New Jersey local governmental entities and boards of education, State and county colleges and other public entities having statutory authority to utilize select State Blanket P.O.s issued by the Division, pursuant to the provisions of N.J.S.A. 52:25-16.1 et seq.

Days After Receipt of Order (ARO) – The number of calendar days ‘After Receipt of Order’ in which the Using Agency will receive the ordered materials and/or services.

Director – Director, Division of Purchase and Property, Department of the Treasury, who by statutory authority is the Chief Contracting Officer for the State of New Jersey.

Discount – The standard price reduction applied by the Vendor {Bidder} to all items.

Division – The Division of Purchase and Property.

Evaluation Committee – A committee established or Division staff member assigned by the Director to review and evaluate Quotes submitted in response to this Bid Solicitation and recommend a Blanket P.O. award to the Director.

Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs.

Joint Venture – A business undertaking by two (2) or more entities to share risk and responsibility for a specific project.

Master Blanket Purchase Order (Blanket P.O.) – The Blanket P.O. consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation, the responsive Quote submitted by a responsible Vendor {Bidder} as accepted by the State, the notice of award, any Best and Final Offer, any subsequent written document memorializing the agreement, any modifications to any of these documents approved by the State and any attachments, Bid Amendment or other supporting documents, or post-award documents including Change Orders agreed to by the State and the Vendor {Contractor}, in writing.

May – Denotes that which is permissible or recommended, not mandatory.

Must – Denotes that which is a mandatory requirement.

No Bid – The Vendor {Bidder} is not submitting a price Quote for an item on a price line.

No Charge – The Vendor {Bidder} will supply an item on a price line free of charge.

Primary Form – An electronic form contained within a Vendor’s {Bidder’s} NJSTART profile designated by the Vendor {Bidder} as the primary or principal version of the required form.

Procurement Bureau (Bureau) – The Division unit responsible for the preparation, advertisement, and issuance of Bid Solicitations, for the tabulation of Quotes and for recommending award(s) of Blanket P.O.(s) to the Director and the Deputy Director.

Project – The undertakings or services that are the subject of this Bid Solicitation.

QRGs – Quick Reference Guides.

Quote – Vendor’s {Bidder’s} timely response to the Bid Solicitation including, but not limited to, technical Quote, price Quote, and any licenses, forms, certifications, or other documentation required by the Bid Solicitation.

Retainage – The amount withheld from the Vendor {Contractor} payment that is retained and subsequently released upon satisfactory completion of performance milestones by the Vendor {Contractor}.

Revision – A response to a BAFO request or a requested clarification of the Vendors {Bidders} Quote.

Shall – Denotes that which is a mandatory requirement.

Should – Denotes that which is permissible or recommended, not mandatory.

Small Business – Pursuant to N.J.A.C. 17:13-1.2, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one (1) of the three (3) following categories: For goods and services - (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and

(C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR

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

State – The State of New Jersey.

State Contract Manager or SCM – The individual, as set forth in Section 8.0, responsible for the approval of all deliverables, i.e., tasks, sub-tasks or other work elements in the Scope of Work. The SCM cannot direct or approve a Change Order.

State-Supplied Price Sheet – the bidding document created by the State and attached to this Bid Solicitation on which the Vendor {Bidder} submits it proposal pricing as is referenced and described in Bid Solicitation Section 4.4.5.

Subtasks – Detailed activities that comprise the actual performance of a task.

Subcontractor – An entity having an arrangement with a Vendor {Contractor}, whereby the Vendor {Contractor} uses the products and/or services of that entity to fulfill some of its obligations under its State Blanket P.O., while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket P.O., including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Vendor {Contractor}.

Task – A discrete unit of work to be performed.

Unit Cost – All-inclusive, firm fixed price charged by the Vendor {Bidder} for a single unit identified on a price line.

Using Agency[ies] – A State department or agency, a quasi-State governmental entity, or a Cooperative Purchasing Program participant, authorized to purchase products and/or services under a Blanket P.O. procured by the Division. This Blanket P.O. may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation. In addition, with the approval of the Director of the Division of Purchase and Property and the agreement of the Vendor {Contractor}, the Blanket P.O. may be used by any Using Agency or quasi-State governmental entity.

Vendor {Bidder} – An entity offering a Quote in response to the Division’s Bid Solicitation.

Vendor {Contractor} – The Vendor {Bidder} awarded a Blanket P.O. resulting from this Bid Solicitation.

BLANKET P.O.-SPECIFIC DEFINITIONS/ACRONYMS

COBRA - Consolidated Omnibus Budget Reconciliation Act that provides continuation of coverage of group health benefits to employees and their families upon occurrence of certain qualifying events. Participants who leave their positions at participating employees can continue to participate by remitting contributions to the Vendor {Contractor}.

Connect:DirectSecure++ - File transfer software product from IBM.

Data Motion - A secure file transfer service from DataMotion, Inc., a privately held company that provides secure information transport services and products including email encryption, secure file transfer, and secure electronic form delivery.

Dependent Care Flexible Spending Account – Participant sets aside pre-tax funds for dependent care of qualifying indviduals under age 13 or child physically and/or mentally incapable of self care and subsequently submit documentation of qualifying dependent care expenses for reimbursement.

DNS - A hierarchical decentralized naming system for computers, services, or other resources connected to the Internet or a private network. It associates various information with domain names assigned to each of the participating entities. Most prominently, it translates more readily memorized domain names to the numerical IP (Internet Protocol) addresses needed for locating and identifying computer services and devices with the underlying network protocols. By providing a worldwide, distributed directory service, the Domain Name System is an essential component of the functionality on the Internet, that has been in use since 1985.

Extranet - Extranet is a private network that uses Internet technology and the public telecommunication system in order to securely share part of a business's information or operations with suppliers, vendors, partners, customers, or other businesses. In the case of the State of New Jersey, the Extranet can include firewall server management, the issuance and use of digital certificates or similar means of user authentication, encryption of messages through the use of a SSL tunnel, and the use of virtual private networks (VPNs) that tunnel through the public network.

Grace Period – The 2.5 month period after the end of the plan year during which participants can spend their FSA funds remaining from the prior plan year.

Interactive Voice Response (IVR) – Automated telephony system that enables identification, segmentation and routing of calllers to the most appropriate agent within a company. IVR uses prerecorded and dynamically generated audio to interact with callers.

Internet Protocol (IP) Advertisements - Routers use different protocols to collect and store all network routing table information, including nodes, router names, interface names, IP addresses and network addresses. The collected data is advertised over a network, which allows each node to update routing tables accordingly.

IPSEC – Suite of protocols for securing Internet Protocol (IP) communications at the network layer, layer 3 of the OSI model by authenticating and/or encrypting each IP packet in a data Stream.

IPSEC also includes protocols for cryptographic key establishment.

Memorandum of Understanding (MOU) – An agreement between the Vendor {Contractor} and the State by which the Vendor {Contractor} will be required to follow the State’s Extranet Policy and Procedure and complete the application form, MOU, operational form and security controls assessment checklist.

NAT - Network Address Translation (NAT).

Plan Year – January 1 to December 31.

Run-out Period – The period from January 1 to April 30, (and each year following) during which participants may submit reimbursement requests for expenses incurred during the preceding plan year through March 15 of the current plan year.

SFT – Secure file transfer.

Secure Socket Layer (SSL) – A protocol used for protecting private information during transmission via the Internet.

Secure Transfer Channel – A way of transferring data that is resistant to overhearing (eavesdropping) and tampering.

Use it or Lose it Rule – The Internal Revenue Service (IRS) rule pertaining to Section 125 plans, including FSA plans This requirement holds that any FSA funds not spent from the end of the run out period are forfeited.

SCOPE OF WORK

GENERAL REQUIREMENTS

The Vendor {Contractor} shall handle the following administrative services:

A. Processing Enrollments: including providing announcement, enrollment and training materials (see Bid Solicitation Section 3.2.1);

B. Payment Card Services (see Bid Solicitation Section 3.2.2);

C. Other Required Services: Terminations and election changes (see Bid Solicitation Section 3.2.3);

D. Member Correspondence (see Bid Solicitation Section 3.2.3);

E. Claims Processing Services (see Bid Solicitation Section 3.2.4);

F. Account Maintenance (see Bid Solicitation Section 3.2.5);

G. File Exchange (see Bid Solicitation Section 3.2.6);

H. End of Year Services (see Bid Solicitation Section 3.2.7);

I. Reports (see Bid Solicitation Section 3.2.8);

J. Interfaces (see Bid Solicitation Section 3.2.9); and

K. Document Management (see Bid Solicitation Section 3.2.10).

Claim payments shall be from a bank account established and maintained by the Vendor {Contractor} for the State. This shall be a separate bank account for State of New Jersey and shall not comingle funds with any other entity.

SPECIFIC REQUIREMENTS

The Vendor {Contractor} shall be required to provide the following administrative services:

PROCESSING ENROLLMENTS

The Vendor {Contractor} shall participate in the open enrollment for the 2020 plan year that will tentatively run from October 1 through October 31, 2019. All required enrollment services must be in place prior to the start of the open enrollment period.

The Vendor {Contractor} shall meet with the designated State Contract Manager (SCM) to discuss and organize the annual open enrollment. Open enrollment meetings and discussions shall commence upon notification of the Blanket P.O. award. The Vendor {Contractor} shall participate in at least one on-site open enrollment meeting per plan year. Also, during the implementation period following the Blanket P.O. award, the Vendor {Contractor} shall participate in weekly status meetings with the SCM to establish plan provisions and working procedures. The Vendor {Contractor} shall also participate in individual meetings with each of the participating employers to discuss requirements for file exchanges.

The Vendor {Contractor} shall be required to conduct employer and employee training, as requested, during and around the annual open enrollment period. The Vendor {Contractor} shall expect to receive requests for employee training from each of the State colleges and universities.

There is also a State Payroll Forum which is conducted up to twice a year by the State’s Centralized Payroll Unit. This Payroll Forum is for employer representatives (payroll and Human Resources (HR) contacts) at the various state agencies. If requested, the Vendor {Contractor} shall provide an overview of the Flexible Spending Account (FSA) plans and specific responsibilities applicable to employer representatives at the Payroll Forum. In total, the Vendor {Contractor} shall anticipate providing 20 to 25 employee/employer informational meetings per year.

The Vendor {Contractor} shall prepare communication or announcement materials for the Flexible Spending Accounts. Plan year 2020 materials shall be prepared by the Vendor {Contractor}.

The Vendor {Contractor} shall provide the following written materials:

A. A pamphlet that provides a general description of the FSA plans, lists the major expenses covered by the accounts, stresses the advantages of participating in the program, covers important enrollment and claim filing deadlines, and lists available Interactive Voice Response (IVR) and internet services. Annually, the Vendor {Contractor} shall print and distribute approximately 3,000 copies of the FSA pamphlet to participating employers and State HR representatives. In addition, the Vendor {Contractor} shall provide an electronic version of the FSA pamphlets to the SCM and the participating employers.

B. A reference guide containing a more detailed description of the plans, a comprehensive listing of eligible and ineligible expenses under each plan, Use-It-Or-Lose-It rule, change in family status requirement for election changes, important plan deadlines and cutoffs, procedures for filing claims and using the Unreimbursed Medical Spending Account (UMSA) stored value card, options available to UMSA participants under the Consolidated Omnibus Budget Reconciliation Act (COBRA), comprehensive listing of available services, and description of other important plan provisions. The Vendor {Contractor} shall print on an annual basis approximately 3,000 copies of the FSA reference guide and mail them to participating employers. In addition, the Vendor {Contractor} shall provide an electronic version of the reference guide to the SCM and the participating employers.

C. All required FSA forms with instructions including the election (enrollment) form, reimbursement claim form, and change in family status form, both paper and electronic versions.

All plan materials, letters, and forms shall be approved by the Division of Pensions and Benefits prior to distribution.

The Vendor {Contractor} shall provide employees enrolling in the program with a welcome letter containing the following information:

A. An enrollment confirmation;

B. General information regarding the program;

C. For UMSA participants, a stored-value card with instructions (At least one card shall be provided to each participant. The Vendor {Contractor} shall provide additional cards to the participant on request.); and

D. Information regarding COBRA.

The Vendor {Contractor} shall mail the above information to the participant’s home address. As an alternative, the above information can be emailed to the participant providing an email address is available.

The Vendor {Contractor} shall provide for online enrollment via the Vendor’s {Contractor’s} website.

The Vendor {Contractor} shall also accept paper enrollment forms. Employees shall be instructed to mail or fax enrollment forms directly to the Vendor {Contractor}. The Vendor’s {Contractor’s} fax line shall be a toll-free fax line.

Prior to the start of the plan year 2020 open enrollment period, the Vendor {Contractor} shall send a reminder notice to the members participating in plan year 2019 to re-enroll for plan year 2020.

The Vendor {Contractor} shall mail the notices directly to the employee’s home address, as well as send them via email where the member has provided their email address to the Vendor {Contractor}. The Vendor {Contractor} shall also be required to send open enrollment reminder notices prior to the start of the annual open enrollment of all subsequent plan years.

PAYMENT CARD SERVICES

The Vendor {Contractor} shall provide a stored value health care card to UMSA participants. At least one (1) card shall be provided to each UMSA participant prior to the start of the plan year and, for new hires and other newly eligible employees, upon enrolling in the plan. Any fees associated with the issuance and use of payment cards shall be included in the per member/per month base cost and no cost shall be charged to the participant.