T2637 Bid Amendment 5 QA 8.3.2020~1.docx

PHILIP D. MURPHY

Governor State of New Jersey

DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE AND PROPERTY

PROCUREMENT BUREAU

33 WEST STATE STREET

P. O. BOX 230

TRENTON, NEW JERSEY 08625-0230

ELIZABETH MAHER MUOIO

State Treasurer

SHEILA Y. OLIVER

Lt. Governor

MAURICE A. GRIFFIN

Acting Director https://www.njstart.gov

August 3, 2020

To: All Interested Vendors {Bidders}

Re: Bid Solicitation #20DPP00498 T2637 Insurance and Real Estate License Examinations and Selected Services

QUOTE SUBMISSION DUE DATE: Friday, October 16, 2020 (2:00 p.m. Eastern Time)

2ND ROUND ELECTRONIC {BIDDER} QUESTIONS DUE DATE: Friday, August 14, 2020 (2:00 p.m. Eastern Time)

Bid Amendment #5

The following constitutes Bid Amendment #5 to the above referenced Bid Solicitation:

· Answers to Electronic Vendor {Bidder} questions submitted during the Electronic Question and Answer period;

· A 2nd round of Electronic Questions and Answers. All Vendor {Bidder} questions are due by Friday, August 14, 2020 at 2:00 p.m.;

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation entitled “T2637 Revised Bid Solicitation 8.3.2020”. This includes additions and/or revisions to the following Bid Solicitation Sections:

· 1.3.2 Submission of Quotes;

· 1.4.7.1 Quote Withdrawal Prior to Quote Opening;

· 1.4.7.2 Quote Withdrawal After Quote Opening;

· 1.4.11 Electronic Signatures;

· 3.1.16 Remote Testing – Insurance Program;

· 3.2.2.1 Specifications of the Test;

· 3.2.17 Remote Testing – Real Estate Program;

· 3.4 Vendor {Contractor} Transition Plan;

· 4.2 Quote Delivery and Identification;

· 4.3 NJSTART Electronic Submission VS. Hard Copy Submission Instruction;

· 4.3.1 NJSTART Submission of Quote;

· 4.3.2 Hard Copy Submission;

· 4.4 Quote Content;

· 4.4.1 Forms, Registrations and Certifications Required with Quote;

· 4.4.4.3.1 DOI – Resumes;

· 4.4.4.3.2 Real Estate – Resumes;

· 4.4.3.3.3 Overview of Security Plans and Standards; and

· 5.8 Ownership of Material.

· Due to concerns with COVID-19, hard copies of Quotes will NOT be accepted. All Quote documents and samples must be submitted through the NJSTART eProcurement site. For more information, see the Special Notice released by the State on March 16, 2020: https://www.state.nj.us/treasury/purchase/specialnotices/03162020a.shtml.

NOTE: Additional information regarding this Bid Solicitation will be posted in a future bid amendment. Please continue to monitor this Bid Solicitation in NJSTART for this important information.

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all of the additions, deletions, clarifications, and modifications to the Bid Solicitation and/or the New Jersey Standard Terms and Conditions relative to this Bid Solicitation as set forth in all Bid Amendments.

All other instructions, terms, and conditions of the Bid Solicitation shall remain the same.

Bid Solicitation # 20DPP00498 T2637; Insurance and Real Estate License Examinations and Selected Services

Answers to Questions

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

Section Reference Question (Bolded) and Answer

When trying to open a Portable Document Format (PDF) document I am receiving an error message and are 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 on Chrome or Firefox.

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 a 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.

Will the State allow Vendors to take exception to any of the Standard Terms and Conditions?

As stated in Bid Solicitation Section 1.3.1.1, Exceptions to the State of NJ Standard Terms and Conditions (SSTC): "Questions regarding the SSTC and proposed exceptions to mandatory requirements, including the Special and Standard Terms and Conditions in Sections 5 and 9 of this Bid Solicitation 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." Additionally, as stated in Section 4.1, General: "Quotes including Vendor {Bidder} proposed terms and conditions may be accepted, but Vendor {Bidder} proposed terms or conditions that conflict with those contained in the Bid Solicitation, as defined in Section 2.0 of this Bid Solicitation, or that diminish the State's rights under any Blanket P.O. resulting from the Bid Solicitation, may render a Quote non-responsive."

What is the anticipated award date?

A Notice of Intent to Award (NOI) will be issued once the evaluation is complete and the intended awardee complies with the Division of Purchase and Property’s (Division’s) statutes and regulations.

What is the budget for this project?

This information is kept confidential until a Notice of Intent to Award letter is issued.

Please provide dates for the project start date and desired go-live date?

These anticipated dates can not be determined until after the Notice of Intent to Award letters are issued.

What is the name of the vendor that the Agency is currently using for their licensing exam solution?

The Vendor {Bidder} currently performing the license examinations is PSI Services LLC.

A. What are the reasons not to extend existing contract with the current vendor?

All allowable extension terms are scheduled to expire.

B. What are the deficiencies with the current system that may warrant a different approach?

There are no existing deficiencies to address.

Have you seen demos or discussed any such solution with vendor community in the last 12 months?

No. There have been no demonstrations nor discussions of any such solution with the Vendor {Bidder} community.

If, yes which vendors have done demos or met with Agency staff to discuss options available?

The Agency has not seen demonstrations or discussed any such solution with the Vendor {Bidder} community.

3.2.1 Overview

What is the volume and frequency of tests and license applications (current and anticipated) on an annual basis?

The volume and frequency of tests and license applications are identified in Bid Solicitation Section 1.2.3 Trends - DOI for Insurance, and Section 1.2.4 Statute - REC for Real Estate.

3.2.1 Overview

What is the volume and frequency of tests and license applications (current and anticipated) on an annual basis?

Repeated question. Answered in Question # 11.

3.2.2.1 Specifications of the Test

Does the Agency prefer a SaaS or on premise solution?

The Agency has no preference for either a Software as a Service (SaaS) or on premise solution. The decision to propose a SaaS or on premise solution is a business decision to be determined by the Vendor {Bidder}.

3.2.2.1 Specifications of the Test

Do you anticipate the new solution to be COTS system or custom build system?

The Agency is not anticipating the new solution to be any particular system. The decision to use a COTS system or a custom build system is a business decision to be determined by the Vendor {Bidder}.

3.2.2.1 Specifications of the Test

Do you anticipate the new solution to be COTS system or custom build system?

Please refer to the response to Question #14.

3.2.2.1 Specifications of the Test

Note: This question has been paraphrased in the interest of readability and clarity.

Are the plans going forward to continue using third party exam solution, expect new vendor to develop new exam, or have new vendor integrate with existing third party solution?

As subject matter experts, the Vendor {Bidder} shall include its approach to address the requirements of the Bid Solicitation in its Quote. The Evaluation Committee will determine which Quote demonstrates a solution that meets the needs of Real Estate and Insurance.

3.2.2.1 G Specifications of the Test

A. Will the Commission clarify the requirement that no test be used for more than a 24-month period for Insurance or more than an 18-month period for Real Estate?

Yes, no test shall be used for more 24 months for Insurance, and 18 months for Real Estate.

B. Does this only apply to fixed forms, so that each form is expected to be updated within the required period? The current exams use LOFT (linear-on-the-fly) forms, so each candidate is administered an individualized form with a unique set of items.

Yes, this only applies to fixed forms.

A. When referencing permanent test centers, is the expectation that all test centers will be owned and operated by the vendor?

No, test centers may be owned and operated by the Vendor {Contractor} or a third-party Subcontractor qualified under the terms of the Bid Solicitation. However, the Vendor {Contractor} is responsible for their Subcontractor’s compliance with the requirements identified in the Bid Solicitation. In addition, all communications will be between the State Contract Manager (SCM) and the Vendor {Contractor}.

B. Are third-party/partner test centers acceptable for this Quote?

Yes. See response to Part A of this question.

3.2.2.1. A.

Note: This question has been paraphrased in the interest of readability and clarity.

Will the Commission clarify that all Real Estate exams must be developed in both English and Spanish, as the current Real Estate exams are only offered in English?

Real Estate exams will remain in English only. Please refer to the Revised Bid Solicitation entitled “T2637 Revised Bid Solicitation 8.3.2020”.

The current instructor exam has 120 questions, rather than the 140 asked for in the RFQ (including 10 for Instructional methods rather than 20).

A. Will the exam administration time be extended accordingly?

There will be no change to the examination administration time for Real Estate Pre-Licensing Instructors. It will remain at four (4) hours.

B. Will there be any expected changes to the exam administration time for other exams?

No, there will be no changes in any of the times for any exam.

Will the Commission clarify that the requirement of developing new items every 1-2 years is applicable for all exams even though some examinations have low volume?

Yes, the development of new items is applicable for all examinations regardless of volume. All exams must be updated based on any changes in the law.

As disciplinary data reporting to ARELLO is mandatory, would an ARELLO accreditation be required for the Real Estate examinations?

No, ARELLO accreditation is not required but is acceptable.

If no subcontractors are to be utilized for this contract, does the vendor still need to submit a Subcontractor Utilization Form?

If the Vendor {Bidder} is not utilizing a Subcontractor, a Subcontractor Utilization Form does not need to be submitted.

Subcontracting Set-Aside Blanket P.O.

If no subcontractors are to be utilized for this contract, does the vendor still need to submit documentation to satisfy this requirement?

If the Vendor {Bidder} does not intend to utilize subcontractors, they do not need to satisfy the good faith effort.

Will the Commission be amenable to an individual with decades of professional test development experience and subject expertise in the arena of real estate, in lieu of an active license or college degree with a concentration in real estate studies?

The Real Estate Commission will accept an individual with real estate experience in lieu of an active license or real estate degree. Please refer to the Revised Bid Solicitation entitled “T2637 Revised Bid Solicitation 8.3.2020”.

Pre-Quote Conference Question

Can the Price Sheet be tiered?

No. The State does not accept this proposed modification.

Pre-Quote Conference Question

Can a ‘no charge’ be placed on the Price Sheet?

Yes. If the Vendor {Bidder} will not charge a price for a specific price line, they must indicate so using “No Charge” on the Price Sheet.

The Vendor {Bidder} may also indicate a “No Bid” for an exam they will not be submitting a Quote for. The Vendor {Bidder} may submit a price for one or both types of exams of exams. Please note the the terms “No Charge” and “No Bid” are not interchangeable.

Presentations

What date will down selected vendors be invited to present their solution in person?

Oral presentations are not applicable to this procurement.

Please confirm that the obligation set forth in Section 5.8.A with respect to State-Owned Data does not apply to any non-New Jersey-specific data (data not specifically and solely related to New Jersey, its rule or regulations ”Non-New Jersey Specific Data” technical information, or materials (whether gathered, originated, developed, used or obtained during the Term of any Agreement or Blanket P.O.).

Bid Solicitation Section 5.8.E defines the parameters of State-Owned Data. This provision would not extend to pre-existing Vendor Intellectual Property, as defined in Bid Solicitation Section 2.2.

Please confirm that with respect to any content that is not specifically and solely related to New Jersey and its rules or regulations (Content), that such Content, and any derivatives, modifications, adaptions, updates, or newly developed Content, is and shall belong exclusively to the Vendor even if such derivatives, modifications, adaptions, updates, or development to such Content takes place during the Term of any Agreement or Blanket P.O.

Pursuant to Bid Solicitation Section 5.8, pre-existing Vendor Intellectual Property, as defined in Bid Solicitation Section 2.2, remains the property of the Vendor {Contractor).

Please confirm that such Content (defined above) does not require to be identified in the Quote, or subsequent thereto, and does not require any approval specified under Section 5.8.B.

Under Section 5.8, Vendor Intellectual Property, as defined under Bid Solicitation Section 2.2, does not have to be identified in the Quote.

Please confirm that the duration of the license set forth in Section 5.8 B.3. is for the Term of the Agreement or Blanket P.O.

Correct. Please refer to the Revised Bid Solicitation entitled “T2637 Revised Bid Solicitation 8.3.2020”. Section 5.8.A has been revised.

Can the Division and Commission share what the predetermined weights are for the Technical Evaluation Score?

No. This information is kept confidential until the Notice to Intent to Award is issued.

When determining the Price Sheet portion of the evaluation, what formula will be used to allocate points between vendors?

This information is kept confidential until the Notice of Intent to Award is issued. The pricing model will be date-stamped and entered into the record before Quote opening.

How will the Price Sheet be evaluated?

The Bureau will utilize a weighted consumption/market basket model to evaluate pricing, reviewing the total for all three (3) years of the Bid Solicitation’s term. The pricing model will be date-stamped and entered into the record before Quote opening.

Pre-Quote Conference Question

Must the Vendor {Bidder} submit a Best and Final Offer (BAFO)?

No, that is a business decision to be determined by the Vendor {Bidder}.

This questionnaire was removed on another request for Quotes, and would like to verify that the document is still appropriate for submission with this Quote. The reference can be found on the following webpage: https://www.state.nj.us/dobi/financial/index.htm (Exhibit 6, near the bottom of the page).

The Security Questionnaire is required to be submitted with the Quote. Failure to submit the Questionnaire may result in the Quote being deemed non-responsive.

As part of this requirement, the contractor is asked to recruit prospective employees through the State Job Bank website managed by the Department of Labor and Workforce Development (http://NJ.gov/JobCentralNJ), but this appears to pertain to construction contracts only. The current vendor for this contract uses the NJ US National Labor Exchange. Is this still an acceptable alternative?

Yes, the Contractor may recruit prospective employees through the National Labor Exchange (NLx) New Jersey Employer Access https://newjersey.usnlx.com/ This platform is for any employer; not just construction contracts.

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 at this time the Division requires that all Quotes be submitted electronically through NJSTART.

Vendors {Bidders} may refer to the “Vendor Registration” and “Submit a Quote” Quick Reference Guides for instructions on how to enroll in NJSTART and how to submit an electronic Quote through NJSTART. The Quick Reference Guide entitled “Submit a Quote” is available here: https://www.state.nj.us/treasury/purchase/njstart/pdf/Create-a-Quote.pdf.

Additionally, to ensure that you have properly submitted the required documents you may also review the Quick Reference Guide entitled “How to Review a Submitted Quote” which is available here: https://www.state.nj.us/treasury/purchase/njstart/pdf/HowtoReviewaSubmittedQuote.pdf. Answers to Frequently asked Questions and all Quick Reference Guides are located on the NJSTART Vendor Support Page. If further assistance is needed, please email NJSTART Vendor Administration Team at: njstart@treas.nj.gov.

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