T2327 Bid Amendment 7 03.06.25.docx

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T2327 - Defined Contribution Retirement Program Administrative Services: NJSEDCP & NJDCRP
Solicitation number
24DPP01010
Issued by
New Jersey

About this file

This document is a Bid Amendment #7 issued by the New Jersey Department of the Treasury, Division of Purchase and Property for Defined Contribution Retirement Program Administration Services. The solicitation seeks a single vendor to provide comprehensive administrative services for two retirement plans: the New Jersey State Employees Deferred Compensation Plan (NJSEDCP) and the New Jersey Defined Contribution Retirement Program (NJDCRP). The bid amendment includes revisions to various sections of the original solicitation, answers to bidder questions, and updates to exhibits. An optional pre-quote conference was held on October 23, 2024, with Voya Financial and Empower in attendance, and the quote submission deadline is set for March 19, 2025, at 2:00 p.m. Eastern Time. The contract term is five years with potential for two one-year extensions, and the state anticipates awarding the contract by summer 2025 with a 90-day mobilization period.

The solicitation requires bidders to submit a fixed per-participant fee for each plan, with revenue sharing rebated to participants, and an all-inclusive hourly rate for special project work. The plans currently serve 163,987 unique participants with approximately $12.59 million in total assets. Bidders must meet minimum requirements, including administering at least five defined contribution plans with 50,000 participants each. The incumbent vendor is Empower, which will compete in the rebid process. The state seeks a bundled service arrangement with an open-architecture investment platform, requiring comprehensive recordkeeping, investment management, transaction processing, regulatory compliance, and participant services. Bidders must demonstrate extensive experience in public sector retirement plan administration and complete a detailed Third-Party Information Security Questionnaire covering cybersecurity, risk management, and data protection.

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Other files

File Type Posted
Appendix A - Performance Standards .docx DOCX document
Attachment 2 - Standard Procurement Forms Packet~2.pdf PDF
T2327 Bid Solicitation 10.07.24.docx DOCX document
T2327 State-Supplied Price Sheet 10.07.24~1.xlsx XLSX spreadsheet
T2327 Bid Amendment #1 11.26.24.docx DOCX document
T2327 Bid Amendment #3 12.20.24~1.docx DOCX document
T2327 Bid Amendment 4 01.23.25.docx DOCX document
T2327 Bid Amendment 5 - 02.07.25.docx DOCX document
T2327 Revised State-Supplied Price Sheet 03.06.25~1.xlsx XLSX spreadsheet
Attachment 1 - State of New Jersey Standard Terms and Conditions 2.8.2024~4.pdf PDF
Attachment 3- State of NJ Technical Questionnaire~3.xlsx XLSX spreadsheet
T2327 Bid Amendment #2 12.09.24.docx DOCX document
T2327 Bid Amendment 6 - 02.19.25 - .docx DOCX document
Exhibit 3_NJ Defined Contribution Retirement Program Document~1.pdf PDF
Exhibit 4 -Fund Fact Sheets~1.zip ZIP file
Attachment 4 - State of New Jersey Third-Party Information Security Questionnaire~1.pdf PDF
Exhibit 1_DCP-DCRP Demographic and Investment Information ~1.xlsx XLSX spreadsheet
Exhibit 2_NJ State Employee Deferred Compensation Plan ~1.pdf PDF
T2327 Optional Pre-Quote Conference~2.pptx PPTX presentation
Revised Exhibit 1 - DCP-DCRP Demographic and Investment Information 12312023 - 03.06.25.xlsx XLSX spreadsheet
T2327 Revised Bid Solicitation 03.06.25 .docx DOCX document
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Text version

PHILIP D. MURPHY

Governor State of New Jersey

DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE AND PROPERTY

PROCUREMENT BUREAU

33 WEST STATE STREET

P. O. BOX 230

TRENTON, NEW JERSEY 08625-0230

ELIZABETH MAHER MUOIO

State Treasurer

TAHESHA L. WAY

Lt. Governor

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

March 6, 2025

To: All Interested Bidders

Re: Bid Solicitation # 24DPP01010 T2327 - Defined Contribution Retirement Program Administration Services: NJ State Employees Deferred Compensation Plan (NJSEDCP) and NJ Defined Contribution Retirement Program (NJDCRP)

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

Bid Amendment #7

The following constitutes Bid Amendment #7 to the above referenced Bid Solicitation:

· This Bid Amendment includes answers to questions;

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled, “T2327 Revised Bid Solicitation 03.06.25”, and hereafter referred to in this document as the “Revised Bid Solicitation”;

· 3.12 Quote Content – revised;

· 3.26 State-Supplied Price Sheet - revised;

· 6.7 Privacy – revised; and

· 7.2.1 Professional Liability Insurance – revised.

· Please refer to the Revised Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023) titled, “T2327 Revised Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023) 03.06.25”, and hereafter referred to in this document as the “Revised Exhibit 1”;

· Please note that for all additions, deletions, clarifications and modifications to the State-Supplied Price Sheet, please refer to the Revised State-Supplied Price Sheet titled, “T2327 Revised State-Supplied Price Sheet 03.06.25”, and hereafter referred to in this document as the “Revised State-Supplied Price Sheet”. The Bidder must submit the Revised State-Supplied Price Sheet as part of its Quote.;

· An Optional Pre-Quote Conference was held on October 23, 2024. The below firms were confirmed to be in attendance:

· Voya Financial

· Empower

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 # 24DPP01010 T2327 - Defined Contribution Retirement Program Administration Services: NJ State Employees Deferred Compensation Plan (NJSEDCP) and NJ Defined Contribution Retirement Program (NJDCRP)

Answers to Questions

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

#
Bid Solicitation

Section Reference Question (Bolded) and Answer

1
PDF Documents
When trying to open a Portable Document Format (PDF) 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 n Chrome or Firefox.

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

Yes. Prior to the Quote Opening Deadline, a Bidder should review the documents comprising the submitted Quote to ensure that all of the required documents have been completed and attached. Oftentimes a Quote is deemed non-responsive because a Bidder fails to attach a required form or attaches a blank form. To review a submitted a Quote, a Bidder should log into NJSTART and review each document attached to the Quote submission. Instructions on how to review a submitted Quote can be found in the Quick Reference Guide entitled How to Review a Submitted Quote, which is available on the NJSTART Vendor Support Page under Vendor Reference Guides.

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

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

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

As stated in Bid Solicitation Section 2.2, Exceptions to the State of NJ Standard Terms and Conditions (SSTC): “Questions regarding the State of New Jersey Standard Terms and Conditions and exceptions to mandatory requirements MUST be posed during the Electronic Question and Answer period and shall contain the Bidder’s suggested changes and the reason(s) for the suggested change(s).” Moreover, as stated in Bid Solicitation Section 3.11, Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions may render a Quote non-responsive.

5
General
Would the State consider a proprietary target date fund offering?

No. Quotes should be provided based on the investments noted and instructions included in Attachment 3 – State of NJ Technical Questionnaire and in accordance with the Bid Solicitation.

6
General
What is the anticipated contract award date?

It is the intent of the State to award a Contract resulting from this Bid Solicitation by summer 2025, which would allow for the Contract to be effective and fully operational following a 90-day Mobilization Period. The State’s anticipated award timeframe is only an estimate and is subject to change.

7
Section 2.2, Exceptions to the State of NJ Standard Terms and Conditions (SSTC)
For 2.2 Exceptions to the state of NJ standard terms and conditions - Where can the exceptions/redline be uploaded as an attachment in the NJSTART portal?

As specified by Section 2.2 of the Revised Bid Solicitation, any exceptions 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). The State does not accept redlined documents or submissions as part of the Electronic Question and Answer process.

8
Attachment 3, State of NJ Technical Questionnaire
Would it be possible to provide Attachment 3 – State of NJ Technical Questionnaire in an unprotected/editable format?

No. All required cells remain unlocked for Bidder responses to all questions. If additional space is required to complete a question, a Bidder may submit a separate sheet in a typed format. This additional sheet must be labeled to include the title of the associated attachment (ex. Attachment 3 - State of NJ Technical Questionnaire) and the question that your response correlates with.

9
Attachment 3, State of NJ Technical Questionnaire, Instructions Tab
Technical Questionnaire – Instructions Tab: Can the State please provide more clarity around what is being requested by ‘sample investment menu’. Would the State accept alternative editable formats such as Excel?

As indicated in the Technical Questionnaire Instructions Tab Section V reference, an open architecture investment platform is required. The State prefers to maintain the current fund lineup, as is. As further indicated in the Technical Questionnaire Instructions Tab, the preferred fund lineup (made up of current and/or proposed funds) has been provided and the Bidder is prompted in the Section VIII Tab to indicate if it is able to accommodate each fund. If the Bidder can, there is no need to provide an alternative fund. However, if the Bidder cannot accommodate the fund, it may propose an alternative. Note that any alternatives proposed by the Bidder will be evaluated relative to those offered by its peers and it is imperative that the Bidder take the time to choose a competitive fund. In order for answers to be considered the Bidder will need to provide all of the requested information in the Section VIII Tab in the Technical Questionnaire.

In terms of the “sample investment menu” referred to in the Section V reference, it should be a simplified listing of the proposed funds indicated in the Section VIII Tab, provided in a Word format.

10
Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023), Investments as of 12-31-2023
Exhibit 1, Investments as of 12-31-2023 states that a put or MVA applies to the Incomeflex Target Balanced Fund. Can you please confirm?

It is not the State’s intent to terminate this in-plan retirement income solution. Should the State ever decide to terminate the option, the market value of participant IncomeFlex Target Fund balances would move as directed by participants or the plan, negating guarantees associated with income bases based on highest birthday values. Participants may also be able to transfer or roll over their IncomeFlex Target guarantees into a variable annuity contract, which is registered with the Securities and Exchange Commission, available through Empower Annuity Insurance Company of America. This contract may have substantially different fees, investments, and provisions affecting the guarantees. Should your firm be unable to recordkeep the fund, propose an alternative fund as specified in the Technical Questionnaire.

11
Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023)
Can you please confirm the total assets in each plan? Exhibit 1, Plan Data states that there is $7,771,608 in the 401(a) plan and $4,819,081 in the 457(b) plan while Exhibit 1, Investments as of 12-31-2023 states that there is $499,316,403 in the 401(a) plan and $5,626,745,870 in the 457(b) plan.

Please use the asset numbers in the Revised Exhibit 1 Investments Tab, which are correct as of 12/31/2023.

12
Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023), Plan Data
Can you please confirm the total number of participants in each plan? Exhibit 1, Plan Data states that there are 107,578 participants with a balance in the 401(a) plan and 57,369 participants with a balance in the 457(b) plan. However, the State-Supplied Price Sheet states that there are 91,187 participants with a balance in the 401(a) plan and 57,416 participants with a balance in the 457(b) plan.

Please use the participant numbers in the Revised Exhibit 1 Plan Data Tab, which are correct as of 12/31/2023.

13
Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023), Plan Data
What are the exit provisions on the DCP Stable Value Fund?

The DCP Stable Value Fund (SVF) is owned by the State and the asset manager for the SVF is PGIM, Inc., a subsidiary of Prudential Financial. Empower serves as the fund administrator, managing individual accounts, processing deposits and withdrawals, maintaining records, providing statements and online services, and supplying the State (DPB) with periodic reports necessary for financial statements and supporting the needs of the DCP and DCRP Boards. The SFV includes wrap insurance that protects the payment of plan benefits to participants at book value, even when the market value of the underlying assets is lower than the book value. The wrap ensures that participants can withdraw the principal of their investments at book value, providing stability and protection against market volatility. The wrap is seldom exercised, typically only at the termination of the fund. For normal operations, the wrap is not exercised, even in the case of mark-to-market (realized and unrealized) losses, as the fund’s liquidity is used to pay for withdrawals. The wrap contract is provided by Prudential Insurance, and Empower Annuity Insurance Company of America (EAICA) serves as reinsurer. The SVF is designed to provide continuity at termination with transferability of the underlying assets independent of the wrap contract. To effectuate the continuity, the State can replace either of the underlying components of the stable value solution and terminate the current vendor as either investment manager or book value guarantor. The unit holdings within the fund can be retained at market value or the market value cash equivalent can be transferred to another provider. In addition, a book value installment option is available.

14
Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023), Plan Data
If the Stable Value fund has a 12-month put provision, has the put notification been submitted, on what date?

No notice of termination has been provided for any of the Plans' investments. Please see the response to Question #13, above, regarding the DCP Stable Value Fund’s structure and liquidity.

15
Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023), Plan Data
Is the contract fully benefit responsive during the exit provision period?

Yes.

16
Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023), Plan Data
What is the Stable Value funds market/book ratio?

While the State is not interested in terminating and replacing the current Stable Value Fund, its Book-to-Market Ratio is 93% as of November 30, 2024.

17
Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023), Plan Data
Please provide a minimum of five years of the Stable Value fund cash flow history, including contributions, withdrawals, transfers in and transfers out.

Please see the Fund Profile Sheet in Exhibit 4, as well as the response to Question #13, above, for available information on the Stable Value Fund. Cash flow history for the Stable Value Fund is not available at this time.

18
Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023), Plan Data
Please provide the Stable Value funds year-end balance for the last 5 years.

Information provided in millions of dollars for NJSEDCP: 2023 - $1,253, 2022 - $1,302, 2021 - $1,321, 2020 - $1,311, 2019 - $1,192. NJDCRP: 2023 - $402, 2022 - $354 , 2021 - $311, 2020 - $275, 2019 - $232.

19
Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023), Plan Data
Please provide the asset demographic data for the Stable Value fund broken down by ages (10 year increments, if possible) as well as by active versus inactive (terminated/retired employees).

This State is unable to provide this information at this time.

20
Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023), Plan Data
Please confirm the amount of assets currently allocated to the GoalMaker portfolios. Please also provide assets and participant counts for those age 50+ currently invested in GoalMaker.

The GoalMaker portfolio consists the following funds: Ariel Investments Small/Mid Cap Value Fund, Core Bond Enhanced Index/PGIM fund, DCP Stable Value Fund, International Blend/Lazard Fund, Invesco Developing Markets Fund Class Y, Large Cap Value/LSV Asset Management, PIMCO All Asset Fund Institutional Class, Polen Capital Large Cap Growth, Prudential IncomeFlex Target Balanced Fund, Small Cap Growth II Fund, and Small Cap Value I Fund. Asset balances are provided in the investment tab in the Revised Exhibit 1; however, these assets are not limited to Goalmaker. A detailed breakdown of individual asset balances in Goalmaker is not available at this time. There are 13,018 NJSEDCP and 1,719 NJDCRP participants age 55+ invested in GoalMaker portfolios with $1,166,412,830 (NJSEDCP) and $23,661,178 (NJDCRP) in total assets invested in those portfolios.

21
Exhibit 1: DCP-DCRP Demographic and Investment Information (12/31/2023), Plan Data
Please provide call center and website utilization data for 2023 (e.g. volume of calls, number of website visits, web chat volume).

Calls received for NJSEDCP was 24,293 and for NJDCRP was 18,399 for calendar year 2023. The State is unable to provide the other information at this time.

22
Exhibit 2, NJ State Employee Deferred Compensation Plan, General Question
Is the State considering offering loans in the future?

No.

23
Section 1.2, Background
Please provide the current MVA and/or Book to Market Value of the Prudential Stable Value Fund used in the 457 (b) & 401(a) plans.

Please see the response to Question #13, above, regarding the DCP Stable Value Fund’s structure and liquidity. While the State is not interested in terminating and replacing the current Stable Value Fund, its Book-to-Market Ratio is 93% as of November 30, 2024.

24
Section 1.2, Background
What liquidity provisions does the SVF have in terms of either a put/payout or a Market Value Adjustment?

Refer to the answer to Question #13.

25
Section 1.2, Background
Please provide the amount of the Fixed assets that are embedded in the GoalMaker Funds.

We do not have data on fixed assets by fund in Goalmaker. Total assets in Goalmaker for NJSEDCP is $2,134,114,963 and for NJDCRP is $44,749.494 as of 12/31/2023.

26
Section 1.2, Background
Please provide the breakout of assets that are in the GoalMaker Funds by each Target Fund.

As of 12/31/2023, NJSEDCP has total assets of $398,476,132 in conservative portfolio, $928,747,587 in moderate portfolio, and $806,891,245 in aggressive portfolio. NJDCRP has total assets of $5,048,944 in conservative portfolio, $21,469,332 in moderate portfolio, and $18,231,218 in aggressive portfolio.

27
Section 1.2, Background
Does Empower currently utilize a TPA? If so, please confirm the TPA being utilize

No.

28
Section 1.2, Background
Are there any liquidity restrictions on the current stable value fund?

Refer to the answer to Question #13.

29
Section 3.11 Bidder Additional Terms Submitted with the Quote
Bid Solicitation – Section 3.11: Is the State amenable to using Bidder’s contract form that will be submitted as additional, non-conflicting terms per the Bid Solicitation instructions under Section 3.11 (BIDDER ADDITIONAL TERMS SUBMITTED WITH THE QUOTE) that would include the Bid Solicitation and Bidder’s Quote with associated exhibits as required under a recordkeeping agreement?

The State declines the proposal as presented in this question.

Pursuant to Bid Solicitation Section 1.4:

The Contract awarded, and the entire agreement between the parties, as a result of this Bid Solicitation shall consist of: (1) the final Bid Solicitation, (2) the State of New Jersey Standard Terms and Conditions, (3) the Quote, and if applicable (4) any Bidder responses to clarifications; (5) a Bidder’s Best and Final Offer, (6) other negotiated document, and/or (7) third party document.

30
Section 3.13.12, State Of New Jersey Security Due Diligence Third-Party Information Security Questionnaire
Bid Solicitation – Section 3.13.12: In the event of a conflict between Bidder’s information security policies and cybersecurity program and the State’s Security Due Diligence Third-Party Information Security Questionnaire and Section 6 Data Security Requirements – Contractor Responsibility, as referenced in Section 3.13.12 of the bid, is the State amenable to negotiating or discussing such conflicts to mutually resolve? As an example, if Bidder’s security breach standard notification period conflicts with the State’s.

Pursuant to Bid Solicitation Section 2.2, any conflict in terms 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). A Quote submitted with conflicting terms and conditions that were not raised during the Electronic Question and Answer period may be deemed non-responsive.

31
Section 3.20, Minimum Bidding Requirements
Please clarify Minimum Bidding Requirement B in Section 3.20 – Have a minimum of five (5) Defined Contribution Plans for which they provide administration services to at least 50,000 participants with balances within twelve (12) months of the date this proposal was issued. Is this referring to having a minimum of five Defined Contribution Plans that have at least 50,000 participants combined between them or at least 50,000 participants in each of the five plans?

The requirement is five (5) Defined Contribution Plans with at least 50,000 participants in each of the five (5) plans.

32
Section 3.26, State-Supplied Price Sheet Instructions
Bid Solicitation – Section 3.26 – State Supplied Pricing Sheet Instructions: Is it the State’s preference to have the same fee applied to all participants in each plan or would they prefer stand-alone pricing by plan?

Per the State-Supplied Price Sheet Instructions, the State is requesting fees be submitted separately for each Plan, on a per participant account basis in each respective Plan. The State requests that each Plan be priced separately based on its own respective demographics and services. Please refer to the Revised State-Supplied Price Sheet.

33
Section 3.26, State-Supplied Price Sheet Instructions
Will the State accept a consistent fee across plans?

No. Per the State-Supplied Price Sheet Instructions, the State is requesting fees be submitted separately for each Plan, on a per participant account basis in each respective Plan. The State requests that each Plan be priced separately based on its own respective demographics and services. Please refer to the Revised State-Supplied Price Sheet.

34
Section 3.26, State-Supplied Price Sheet Instructions
Would the State prefer that the per participant fee requested be provided per unique SSN or per participant account?

No. Per the State-Supplied Price Sheet Instructions, the State is requesting fees be submitted separately for each Plan, on a per participant account basis in each respective Plan, not on a unique SSN basis across Plans. Please refer to the Revised State-Supplied Price Sheet.

35
Section 4.0, Scope of Work
Does this contract require the Contractor to provide investment or financial management services?

While the State desires an open-architecture investment platform, it desires a bundled service arrangement meeting the Bid Solicitation’s Scope of Work requirements. The State requires the availability of investment management products and services, although the State's Investment Division assists with investment oversight and management. The State also requires the availability of financial wellness tools and participant advice service for the Plans' participants.

36
Section 6.1, Security Plan
Bid Solicitation – Section 6.1 Security Plan: Security Plan is not a defined term. Bidder will provide its cybersecurity assurance package as additional terms submitted with Bidder’s Quote, which describes its data security program. Will that meet the requirements of 6.1 Security Plan?

As specified by Revised Bid Solicitation Section 6.1, the Security Plan shall address the Contractor’s approach to meeting each applicable security requirement outlined by Sections 6.2 through 6.34 of the Bid Solicitation. The Security Plan must be submitted by the Contractor to the State no later than thirty (30) Calendar Days after the award of the Contract.

The State is unable to speculate as to whether or not potential aspects of a Bidder’s Quote will meet the Security Plan requirements specified by Section 6.1. The awarded Contractor will be required to meet the Security Plan requirements as outlined above, and in Section 6.1 of the Revised Bid Solicitation.

37
Section 6.18, ICS/SCADA/OT Security; Section 6.19, Internet of Things Security
The following are the Bidder’s proposed exceptions to the State of New Jersey Terms of Contract, Section 2, DATA SECURITY REQUIREMENTS – CONTRACTOR RESPONSIBILITY. Please see the Bidder’s Data Security Addendum attached which will provide the framework of our security plan. • Section 2.18 - ICS/SCADA/OT SECURITY – please note that this is not applicable as the Bidder is not an industrial manufacturer. • Section 2.19 - INTERNET OF THINGS SECURITY – please note that this is not applicable as the Bidder does not implement such devices.

The State declines to modify Section 6.18 of the Bid Solicitation. However, the State acknowledges Bid Solicitations Section 6.18 and 6.19 may not be applicable to all Bidders. This should be indicated as well within Section 14 and 15 of the State's Security Questionnaire. Data security requirements outlined in Section 6 shall be met where applicable.

38
Section 6.7, Privacy
The following are the Bidder’s proposed exceptions to the State of New Jersey Terms of Contract, Section 2, DATA SECURITY REQUIREMENTS – CONTRACTOR RESPONSIBILITY. Please see the Bidder’s Data Security Addendum attached which will provide the framework of our security plan. • Section 2.3 COMPLIANCE, please note that “General Data Protection Regulation (GDPR), Payment Card Industry Data Security Standard (PCI DSS), Health Insurance Portability and Accountability Act of 1996 (HIPAA), IRS-1075” is not applicable to the scope of services. • Section 2.7 PRIVACY – B. please note that HIPAA and PCI DSS are not in scope to applicable services.

The State declines to modify Section 6.7 of the Bid Solicitation. However, the State acknowledges not all compliance frameworks listed may be applicable to Bidders. This is State template language that includes but is not limited to GDPR, PCI DSS, HIPAA, etc. Data security requirements outlined in Section 6 shall be met where applicable.

39
Section 6.7: Privacy, F. Data Re-Use
Bid Solicitation – Section 6.7 (F) Data Re-Use: Will the State permit Bidder to share State Data with its affiliates and service providers as necessary to perform the services?

Pursuant to the express language in Bid Solicitation Section 6.7, any such permission will be on "a case-by-case basis as specifically agreed to in writing by the State Contract Manager."

40
Section 6.7: Privacy, G. Data Breach
Section 2.7 PRIVACY – G. Data Breach – the Bidder is proposing the following language be accepted as our standard for notification is within 72 hours. The Bidder does not report on suspicion of a breach.: • In the event of any actual, probable or reasonably suspected Breach of Security, or any unauthorized access to or acquisition, use, loss, destruction, compromise, alteration or disclosure of any Personal Data, Contractor shall: (a) immediately notify the State of such Breach of Security, but in no event within 72 hours after learning of such security breach;

The State accepts the proposed change to notify the State of a Breach no later than 72 hours. Bid Solicitation Section 6.7, G has been revised to reflect this change.

41
Section 6.9. C, Security Categorization
Bid Solicitation – Section 6.9.C. Security Categorization: Please clarify what is meant by “Masking sensitive data that is displayed or printed.”

That sensitive data is sufficiently hidden so that it cannot be viewed, deciphered, or able to be used by bad actors.

42
Section 7.1, Indemnification
Pursuant to the instructions and requirements set forth in the Bid Solicitation under Section 2.2 and Section 3.11 - Exception/Suggested Changes/additional terms, the following proposed change is submitted as additional terms to the to Bid Solicitation, Section 7.1; intended for Section 4.1 of the SSTC: Notwithstanding anything to the contrary in the Contract, Bidder shall not be liable to State for any Damages resulting from: 1) any acts or omissions undertaken at the Direction of State or any agent or any third party authorized by State to provide Direction to Bidder, including prior service providers, investment advisors, or any authorized agent thereof; 2) any performance of the Services that is in strict compliance with the terms of this Contract; or 3) State’s or its designee’s failure to provide accurate documents, material, information or data to Bidder or its Affiliates, as applicable on a timely basis. Bidder and its directors, officers, employees and authorized representatives are not responsible for the investment performance of any investment options under the plan.

Reason for Suggested Change: Regarding 7.1 of the Solicitation intended to modify Section 4.1 Indemnification of the SSTC, Bidder is amenable to the State’s indemnification requirements except that it will not be liable to the State for acts or omissions undertaken at the direction of the State, for strict performance of services under a contract, and for the States failure to provide timely and accurate information.

The State declines to further alter or modify the State Standard Terms and Conditions Section 4.1 Indemnification (as modified by Bid Solicitation Section 7).

43
Section 7.2.1 Professional Liability Insurance
The following are the Bidder’s proposed exceptions to Section 3 - MODIFICATIONS TO THE STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS • Section 3.2.1 – PROFESSIONAL LIABILITY INSURANCE – The Bidder respectfully requests the following modification as our insurance isd per claim based. Professional Liability Insurance: The Contractor shall carry Errors and Omissions, Professional Liability Insurance, and/or Professional Liability Malpractice Insurance sufficient to protect the Contractor from any liability arising out of the professional obligations performed pursuant to the requirements of this Contract. The insurance shall be in the amount of not less than $2, 000,000 per claim If the Contractor has claims-made coverage and subsequently changes carriers during the term of this Contract, it shall obtain from its new Errors and Omissions, Professional Liability Insurance, and/or Professional Malpractice Insurance carrier an endorsement for retroactive coverage.

The proposed modification is accepted by the State. Bid Solicitation Section 7.2.1 has been revised to reflect this change. Please refer to the Revised Bid Solicitation.

44
Section 8.9.1, Technical Evaluation Criteria
Bid Solicitation - Section 8.9.1: Please share the weighting and scoring percentage of the technical evaluation.

The State declines to provide additional information regarding the technical evaluation weighting and scoring percentages during the Question and Answer process.

45
Section 8.9.2, Price Evaluation
Bid Solicitation - Section 8.9.2: Please share the scoring of the weighting and scoring of the pricing evaluation.

The State declines to provide additional information regarding the pricing evaluation weighting and scoring during the Question and Answer process.

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Section 9.2, Definitions
Bid Solicitation – Section 9.2 Definitions: Will the State agree to define subcontractors as those engaged by Contractor solely and uniquely to perform services under the State Contract?

The State declines to re-define the term Subcontractor.

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State-Supplied Price Sheet
When entering dollar amounts in some fields of the State-Supplied Price Sheet, the system automatically inserts a dash instead. Could you confirm whether this is an intentional conversion?

Yes. Some cells on the Revised State-Supplied Price Sheet have been formatted using the Accounting format. If the Bidder inputs a zero (0) into a cell with this formatting type, the zero (0) will automatically be converted to a dash line (-).

As specified by Revised Bid Solicitation Section 3.26, if a fee or service is not applicable, add "N/A" to each price line in the applicable column (B, C, and/or D). Any highlighted price lines that do not include a response, will be considered as an "Incomplete Fee quote" and may result in the Quote being deemed non-responsive.

If a Bidder inputs $0 (-) or No Charge, it will be accepted as “N/A”.

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State-Supplied Price Sheet
In the cells labeled “Other” on the State-Supplied Price Sheet, I am unable to add any additional information. Could you confirm whether these fields should be unlocked to allow input?

All cells identified as “Other” are unlocked on the Revised State-Supplied Price Sheet. Each cell is highlighted and includes a bracketed description guiding Bidders on where to enter service descriptions or fees. Examples include Other - [Explain briefly here & enter any associated cost to the right] or Other fee [Enter Description Here]. Bidders may enter the applicable information as directed within these cells.

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