T2458 Q and A Bid Amendment 2 02.13.23~2.docx

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T2458 - Auditing Services: Financial Auditing Firms for Using Agencies and NJDEP
Solicitation number
23DPP00810
Issued by
Mercer County, New Jersey

About this file

This document is a Bid Amendment for the State of New Jersey Department of the Treasury Division of Purchase and Property Procurement Bureau solicitation #23DPP00810 for Auditing Services: Financial Auditing Firms for Using Agencies and the New Jersey Department of Environmental Protection (NJDEP). The bid solicitation is seeking to award multiple contracts to qualified firms for auditing services. The bid submission due date has been extended from February 16, 2023 to March 2, 2023. The bid amendment includes answers to questions and revisions to several sections of the bid solicitation, including the Order of Precedence, Certification of Non-Involvement in Prohibited Activities in Russia or Belarus, Financial Capability of Bidder, State-Supplied Price Sheet Instructions, Substitution of Staff, and Poor Performance. An optional pre-quote conference was held on December 1, 2022 with two firms in attendance.

The bid solicitation is open to all State Agencies and Cooperative Purchasing Participants, and there is no limit on the total number of awards for each group. Historical using agencies have included the Department of Agriculture, Department of Community Affairs, Department of Military and Veterans Affairs, and others. The scope of work and required staff classifications are detailed in the bid solicitation, with the Contractor required to equate internal staff titles to the designated Professional Skill Classifications. The contract will not be federally funded, and the State has revised the bid solicitation to include a Limitation of Liability section.

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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

February 13, 2023

To: All Interested Bidders

Re: Bid Solicitation # 23DPP00810 T2458 - Auditing Services: Financial Auditing Firms for Using Agencies and NJDEP

Quote Submission Due Date: February 16, 2023 (2:00 p.m. Eastern Time)
Revised Quote Submission Due Date: March 2, 2023 (2:00 p.m. Eastern Time)

Bid Amendment #2

The following constitutes Bid Amendment #2 to the above referenced Bid Solicitation:

· This Bid Amendment extends the Quote Submission due date from February 16, 2023 to March 2, 2023;

· 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, “T2458 Revised Bid Solicitation 02.13.23”, hereafter referred to as the Revised Bid Solicitation;

· 1.4 Order of Precedence of Contractual Terms – revised;

· 3.13.14 Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Pursuant to P.L.2022,C3 – revised;

· 3.23 Financial Capability of Bidder – revised;

· 3.24 State-Supplied Price Sheet Instructions – revised;

· 5.5 Substitution of Staff – revised;

· 7 Modifications to the State of New Jersey Standard Terms and Conditions – addition; and

· 8.14 Poor Performance – revised.

· A revised form packet titled “T2458 Revised Forms Packet 02.13.23” has been updated on the Attachments tab of this Bid Solicitation in NJSTART;

· Bid Solicitation Checklist – updated; and

· Disclosure of Prohibited Activities in Russia/Belarus Form – renamed to Certification Of Non-Involvement In Prohibited Activities In Russia Or Belarus Pursuant To P.L.2022, C3 ; and

· An Optional Pre-Quote Conference was held on December 1, 2022. There were two (2) firms in attendance:

· KPMG LLP; and

· Mercadien P.C. Certified Public Accountants

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 # 23DPP00810 T2458 - Auditing Services: Financial Auditing Firms for Using Agencies and NJDEP

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 Vendor {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 Vendor {Bidder} fails to attach a required form or attaches a blank form. To review a submitted Quote, a Vendor {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.

In light of the dangers posed by the COVID-19 virus outbreak and the declaration by the World Health Organization of a global pandemic and Governor Murphy Executive Orders (https://www.state.nj.us/infobank/eo/056murphy/approved/eo_archive.html), which declared both a Public Health Emergency and State of Emergency, 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)."

5
General
Were performance audits performed under the previous procurement, such as performance audits under Generally Accepted Government Auditing Standards or other work performed under AICPA Consulting standards?

The Question and Answer Period is for the subject Bid Solicitation, 23DPP00810. The Division is unable to provide the information as requested.

6
Section 1.1 Purpose and Intent
How many awards does NJDEP anticipate making for each category?

There is no limit to the total awards made for each Group. As stated in Section 1.1 of the Revised Bid Solicitation, it is the intent of the State of New Jersey (State) to award multiple Contracts to those responsible Bidders whose Quotes, conforming to this Bid Solicitation are most advantageous to the State, price and other factors considered.

7
Section 1.3 Contract Amount
How many projects have been performed and how much has been spent on average each year for Group 1 and 2?

The Question and Answer Period is for the subject Bid Solicitation, 23DPP00810. The Division is unable to provide the information as requested.

8
Section 3.18 Organizational Experience
Is there a minimum or maximum number of references that should be provided?

As stated in Revised Bid Solicitation Section 3.22, Experience with Contracts of Similar Size and Scope, for each contract listed, the Bidder should provide two (2) names and telephone numbers of individuals for contracting party.

There is no maximum to the number of references that can be provided. The State makes no representation regarding the number of references that may be contacted during the Quote evaluation process.

9
Section 3.21 Resumes
Given the wide range of activities covered under this solicitation, accountants may not be the best staff to support this work (e.g., project management activities) -- would NJDEP be open to other classifications of professionals outside of Partners, Managers, Senior Accountants, and Staff Accountants?

No. As specified by Revised Bid Solicitation Section 4.1, Professional Skill Classifications, Contractors must associate each of their personnel assigned to their Contract with one of the following Professional Skill Classifications: Partners, Managers, Senior Accountants, or Staff Accountants. The value and placement of personnel into the listed Professional Skill Classifications should be based on experience and expertise and is to be determined by each Bidder. Professional accounting organizations, such as the American Institute of Certified Public Accountants (AICPA) can provide examples of staffing position traits if the Contractor is in need of direction for classifying a particular employee.

Additionally, Revised Bid Solicitation Section 3.21, Resumes, states that the auditing work to be performed by the Vendors is regulated by multiple governing bodies such as, the U.S. General Accountability Office (GAO), Governmental Accounting Standards Board (GASB) and Financial Accounting Standards Board (FASB). The guidance and technical pronouncements from GAO, GASB and FASB help set the level of performance to be completed equally by all Vendors. The Professional Skill Classifications of Partner and Manager represent managerial skill level positions; while Senior Accountant and Staff Accountant represent field staff. Each Bidder should equate their firm’s internal Professional Skill Classifications into the four (4) categories listed on the price sheets as applicable. The value and placement of the personnel into the listed Professional Skill Classifications should be based on experience and expertise and is to be determined by each Bidder. Professional accounting organizations, such as the American Institute of CPAs (AICPA) can provide examples of staffing position traits if a Bidder is in need of direction for classifying a particular employee.

10
Section 3.21 Resumes
Is a reference required for every project listed on an individual's resume? In what circumstances may a reference be left out, specifically such as if a project is confidential or there is no longer a contact person available for that work?

Yes, as stated in Revised Bid Solicitation Section 3.21, Resumes, each similar Contract should list the name and address of each reference together with a person to contact for a reference check and a telephone number. The Bidder should make an effort to provide an available reference. If a project is considered confidential or if there is no longer a contact person available for that work, details regarding the previous experience may fulfill the requirement.

11
Section 4.2 Group 1: Using Agencies
Can a list of potential and/or historical using agencies be provided?

This is a statewide Contract that is open to all State Agencies, including the New Jersey Department of Environmental Protection, and Cooperative Purchasing Participants.

Using Agencies that have historically used the subject services are detailed below:

· Department of Agriculture;

· Department of Community Affairs;

· Department of Military and Veterans Affairs;

· Division of Management and Budget;

· New Jersey Department of Banking and Insurance;

· Division of Medical Assistance and Health Services; and

· Department of the Treasury.

Please be aware that Using Agencies will utilize this Contract for Engagements on an as needed basis.

12
Section 4 Scope of Work
Can the potential and/or historical scopes of work be expanded upon? For example, by potential using agency, can you please provide the scopes of work and/or task orders for the projects that have been performed under Group 1 and 2 and identify the specific projects NJDEP anticipates being performed under each group?

As stated in Section 4.2.5 of the Revised Bid Solicitation, an Entrance Meeting will be held between the Contractor and the SCM to discuss in detail the scope and purpose of the Audit. The Contractor shall introduce key staff and discuss in detail the purpose of the Audit, procedures that will be followed, and information required. At a minimum, the Contractor shall be represented by the Partner and the Manager/Supervisor.

Section 4.3.1 outlines the minimum items that will be provided to the Contractor per Engagement. Those items include:

A. Identification of the Auditee;

B. The location of the Auditee’s office where records may be examined;

C. A Conflict of Interest (COI) Certification Form which requests that the Contractor review its client list to determine if there is a potential Conflict of Interest;

D. A list of invoices paid to the Auditee for the specific fiscal year being audited. This list will include Contract numbers if Auditee has performed work under multiple Contracts for NJDEP; and E. A copy of the Contract(s) that the Auditee performed work under and the applicable price schedule(s).

The Contractors will be provided an Audit Completeness Checklist with the scope of work to assist with its preparation for the Financial Viability Determination Report Engagement Pricing.

13
Section 4 Scope of Work
What areas/skillsets does NJDEP think will be most valuable or has previously been lacking on the contract?

Revised Bid Solicitation Section 4.1, Professional Skill Classification, specifies that the Contractor must equate its firm’s internal skill classifications into the following four (4) classifications as applicable:

A. Staff Accountant;

B. Senior Accountant;

C. Manager; and D. Partner.

The value and placement of personnel into the listed Professional Skill Classifications should be based on experience and expertise and is to be determined by each Bidder. Professional accounting organizations, such as the American Institute of Certified Public Accountants (AICPA) can provide examples of staffing position traits if the Contractor is in need of direction for classifying a particular employee.

14
New Jersey Standard Terms and Conditions, Section 4.2 Insurance
As it relates to 4.2 Insurance, would the State consider the following modification for clarity? The contractor shall provide the State with current certificates of insurance for all coverages and renewals thereof (except for the Professional Liability policy and Automobile policy).

The State does not accept the proposed modification.

15
New Jersey Standard Terms and Conditions, Section 4.2 Insurance
Would the State consider modifying the language to include "any hired and non-owned" since we do not own any automobiles and the Automobile liability insurance only covers hired and non-owned automobile used by the insured? Automobile Liability Insurance which shall be written to cover any hired and non-owned automobile used by the insured. Limits of liability for bodily injury and property damage shall not be less than $1,000,000per occurrence as a combined single limit. The State must be named as an "Additional Insured" and a blanket additional insured endorsement or its equivalent must be provided when the services being procured involve vehicle use on the State's behalf or on State controlled property;
16
New Jersey Standard Terms and Conditions, Section 5.7 Termination of Contract
Would the State allow a cure period sufficient to address the default by deleting the following: C. In cases of emergency the Director may shorten the time periods of notification and may dispense with an opportunity to respond; andÂ
17
New Jersey Standard Terms and Conditions, Section 5.23 Confidentiality; B.
As it relates to SSTC section 5.23 Confidentiality, would the State consider the below revision to narrow the definition of confidentiality? C. The State’s Confidential Information shall consist of all information or data contained in documents supplied by the State, any information or data gathered by the Contractor in fulfillment of the Contract and any analysis thereof (whether in fulfillment of the Contract or not);
18
New Jersey Standard Terms and Conditions, Section 5.23 Confidentiality; B.
As it relates to SSTC section 5.23 Confidentiality, would the State consider the below revision to expand where we may be required to provide State Confidential Information? G. In addition, in the event Contractor receives a request for State Confidential Information pursuant to a court order, subpoena, or other operation of law or as required under applicable professional standards, Contractor shall, if permitted by law, provide the State with as much notice, in writing, as is reasonably practicable and Contractor’s intended response to such order of law. The State shall take any action it deems appropriate to protect its documents and/or information; and

The State does not accept the proposed modification. State Confidential Information may only be released for the reasons already enumerated in the Bid Solicitation and the State's Standard Terms & Conditions.

19
New Jersey Standard Terms and Conditions, Section 5.23 Confidentiality; B.
As it relates to SSTC section 5.23 Confidentiality, would the State consider the below revision to expand where we may be required to provide State Confidential Information? H. Notwithstanding the requirements of nondisclosure described in this Section, either party may release the other party’s Confidential Information: (i) if directed to do so by a court or arbitrator of competent jurisdiction; or (ii) pursuant to law or a lawfully issued subpoena or other lawful document request: (a) in the case of the State, if the State determines the documents or information are subject to disclosure and Contractor does not exercise its rights as described in Section 5.23(F), or if Contractor is unsuccessful in defending its rights as described in Section 5.23(F); or (b) in the case of Contractor, if Contractor determines the documents or information are subject to disclosure and the State does not exercise its rights described in Section 5.23(G), or if the State is unsuccessful in defending its rights as described in Section 5.23(G). (iii) in the case of Contractor, if disclosure is required under applicable professional standards.

The State does not accept the proposed modification. State Confidential Information may only be released for the reasons already enumerated in the Bid Solicitation and the State's Standard Terms & Conditions.

20
New Jersey Standard Terms and Conditions, Section 7
As it relates to SSTC Section 7.0, can you confirm if this contract will be federally funded?

No, there is no federal funding associated with this procurement.

21
NJ Waivered SSTCs, Section III Additions to the SSTC for Professional Services Contracts; B.
Will the state consider adding the following from NJ Waivered SSTCs? LIMITATION OF LIABILITY FOR PROFESSIONAL SERVICES CONTRACTS Section 4.0 Indemnification and Insurance of the SSTC is supplemented with the following: LIMITATION OF LIABILITY 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 200% of the total value of this Contract. This limitation of liability shall not apply to the following: A. The Contractor's obligation to indemnify the State of New Jersey and its employees from and against any claim, demand, loss, damage, or expense relating to bodily injury or the death of any person or damage to real property or tangible personal property, incurred from the work or materials supplied by the Contractor under this Contract caused by negligence or willful misconduct of the Contractor; B. The Contractor's breach of its obligations of confidentiality; and C. The Contractor's liability with respect to copyright indemnification. The Contractor's indemnification obligation is not limited by but is in addition to the insurance obligations. The Contractor shall not be liable for special, consequential, or incidental damages.

The State has revised the Bid Solicitation to include a Limitation of Liability. Please see Section 7 of the Revised Bid Solicitation.

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