T2679 Bid Solicitation 10.23.25~1.docx

Bid Solicitation #

25DPP01133

T2679 Employee Benefits: Pharmacy Benefits Management

Due Date For Electronic Questions Refer to Bid Solicitation Section 2.1 for more information.

Pre-Quote Submission Conference Refer to Bid Solicitation Section 2.5 for more information.

Mandatory/Optional Site Visit Refer to Bid Solicitation Section 2.4 for more information.

Not Applicable

Quote Opening Date Refer to Bid Solicitation Section 3 for more information.

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 www.njstart.gov.

SET-ASIDES

Small Business Set-Aside For Goods and Services:

☐ I ☐ II ☐ III

For Construction:

☐ IV ☐ V ☐ VI

☒ Not Applicable ☐ Entire Contract ☐ Partial Contract ☐ Subcontracting Only ☐ Preference

☐ Entire Contract ☐ Partial Contract ☐ Subcontracting Only ☐ Preference

Bid Solicitation Issued By:

State of New Jersey Department of the Treasury Division of Purchase and Property Trenton, New Jersey 08625‑0230 On Behalf of:

State of New Jersey Department of the Treasury Division of Pensions and Benefits Trenton, NJ 08625-0295

Date: 10/23/2025

TABLE OF CONTENTS

ATTACHMENT 1 – State of New Jersey Standard Terms and Conditions (6/3/2025) ATTACHMENT 2 – Standard Procurement Forms Packet ATTACHMENT 3 – State of New Jersey Third Party Information Security Questionnaire (10/8/2024) ATTACHMENT 4 – T2679 Confidentiality/Non-Disclosure Agreement

EXHIBIT A – Stand Alone Prescription Drug Plan EXHIBIT B – Built In Prescription Drug Plan EXHIBIT C – Retiree Drug Plan EXHIBIT D – List of Clinical Edits EXHIBIT E – Census File (Active Members) EXHIBIT F – Census File (Retiree Members) EXHIBIT G – Census File (Retiree EGWP) EXHIBIT H – Utilization Summaries EXHIBIT I – Detailed Claims Experience EXHIBIT J – Employer File Layout (CAR) EXHIBIT K – Eligibility File Layout (8.0) EGWP EXHIBIT L (1-3) – Eligibility File Layout (8.0) Commercial EXHIBIT M – Chart of Time Limits for Claims and Internal Appeals EXHIBIT N – State-Supplied Reverse Auction Tool Sample i

INTRODUCTION AND SUMMARY OF THE BID SOLICITATION

This Bid Solicitation is issued by the Department of the Treasury, Division of Purchase and Property (Division), Procurement Bureau, on behalf of the Division of Pensions and Benefits (DPB). Quotes submitted in response to this Bid Solicitation shall be through the State of New Jersey’s eProcurement system, NJSTART. Bidders are advised to thoroughly read all sections of this Bid Solicitation and follow all instructions.

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. Bidders should utilize the QRGs before attempting to submit a Quote through NJSTART. It is the Bidder’s responsibility to ensure that the Quote and attachments have been properly submitted. Inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov. The Division will not respond to substantive questions related to the Bid Solicitation or any other Contract via this email address.

PURPOSE, AND INTENT AND BACKGROUND

The purpose of this Bid Solicitation is to solicit Quotes from Bidders capable of administering all aspects of a Pharmacy Benefits Manager including but not limited to processing prescription drug Claims, reporting, drug trending, and analysis for the State of New Jersey’s active employees and Retirees participating in the State Health Benefits Program/School Employees’ Health Benefits Program (SHBP/SEHBP) as described below.

It is the intent of the State of New Jersey (State) to award a Contract to the responsible Bidder whose Quote, conforming to this Bid Solicitation is most advantageous to the State, price and other factors considered. The State may award any or all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Contract during the Contract term, when deemed by the Director of the Division (Director) to be in the State’s best interest.

The State of New Jersey Standard Terms and Conditions (SSTC) included with this Bid Solicitation will apply to all Contracts made with the State. 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.

Bidders that are responsive to all mandatory requirements of the Bid Solicitation and determined to be in the Competitive Range for the technical evaluation conducted by the Evaluation Committee will be considered eligible to participate in the reverse auction pricing process, subject to the completion of mandatory training. These Bidders will be required to participate in mandatory training on the use of the Reverse Auction Tool, details of which are explained further in Bid Solicitation Section 3.25, Reverse Auction Tool Instructions. Responsive Bidders that are deemed to be in the Competitive Range for the technical evaluation and complete the mandatory Reverse Auction Tool training will be considered Qualified Bidders, and be considered eligible to participate in the reverse auction pricing process and be further evaluated based upon price.

Qualified Bidders will submit Price Quotes through an online automated Reverse Auction Tool which has the capability to project and compare SHBP/SEHBP costs based on the Bidder’s proposed pricing terms. Such projections will utilize code-based classification which will be discussed in the training of drugs from nationally accepted data sources.

The State seeks to contract with a Contractor that:

A. Provides integrated retail, Retail Pharmacy 90-Day Retail Network, Specialty Drug and Mail Order Drug management;

B. Has a Pharmacy Network, Retail Pharmacy 90-Day Network, Mail Order Pharmacy and Specialty Drug Pharmacy network availability that will be sufficiently accessible to Plan Members;

C. Has a technologically-advanced, state-of-the-art pharmacy management process;

D. Focuses on quality improvement, clinical outcomes and customer satisfaction;

E. Has financial capabilities and contractual arrangements with Participating Pharmacies and Pharmaceutical Manufacturers to support a commitment to deliver quality and lowest net cost pharmacy services;

F. Will integrate its Pharmacy Benefits Management Services (PBM Services) process effectively and seamlessly with SHBP/SEHBP Contractors and third party vendors; and G. Administers a self-insured Employer Group Waiver Plan (EGWP) and Wraparound Benefit (WRAP).

The State expects the successful Contractor to be:

H. Focused on service by providing a superior level of service and attention to the State during the implementation process, as well as on an on-going basis;

I. Cost effective and transparent by quoting competitive, guaranteed Ingredient Cost Discounts, Administrative Fees and Rebates, practicing effective PBM Services, and agreeing to be held accountable through Performance Standards and Financial Guarantees (not to be confused with ‘Guarantees’);

J. Quality-focused by demonstrating high levels of quality, Clinical Programs and customer satisfaction; and K. Able to provide pharmacy network access to the vast majority of active employees and Retirees.

BACKGROUND

This is a reprocurement of the pharmacy benefits services under T2679 Employee Benefits: Pharmacy Benefit Management Contract. Bidders interested in reviewing the expiring Contract’s specifications and pricing information may do so by following the instructions below. Bidders should not rely upon or use data or information from the expiring Contract when preparing a response to this Bid Solicitation as this Bid Solicitation addresses the State’s current requirements.

· Go to: www.njstart.gov

· Select “Active Contracts”

· In the search bar, select “Contracts” from the drop down menu

· Enter “T2679” and click “”

· The expiring Contract list will appear under “Results”

The State Health Benefits Program (SHBP) was created in 1961 by the NJ State Health Benefits Program Act, N.J.S.A. 52:14-17.25 et seq., to provide health insurance coverage to State employees. The State Health Benefits Commission (SHBC) is charged with establishing health benefits programs for State and qualified local employees, Retirees, and eligible Dependents and promulgating regulations, as necessary, to administer the Act. The SHBC is comprised of representatives of the State Treasurer (Chairman), the Commissioner of the Department of Banking and Insurance, the Chairperson of the Civil Service Commission, a State employees’ representative and a Local employees’ representative, both chosen by the Public Employees’ Committee of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). The SHBC has the authority to provide health benefits in accordance with the Act. The DPB administers the SHBP on behalf of the SHBC.

The School Employees’ Health Benefits Program (SEHBP) was established in 2007 by the School Employees’ Health Benefits Program Act, N.J.S.A. 52:14-17.46 et seq., to provide health coverage to qualified local education employees, Retirees, and eligible Dependents. The School Employees’ Health Benefits Commission (SEHBC) is comprised of representatives of the State Treasurer, the Commissioner of the Department of Banking and Insurance, a member appointed by the Governor who is a New Jersey resident, a member representing the New Jersey School Boards’ Association, three (3) members representing the New Jersey Education Association, a member representing the New Jersey State AFL-CIO, and a member appointed to be the chairperson.

Chapter 44, PL 2020 of the SEHBP states the Plan Design of Garden State Health Plan, New Jersey Educators Health Plan, Aetna Freedom/NJ Direct 10 plan and the Aetna Freedom/NJ Direct 15 plan shall remain unchanged until December 31, 2027. No change in the Plan Design of those plans shall be made before that date unless such a change in Plan Design is required by federal or State law to governmental health care benefits plans or to both governmental and non-governmental health care benefits plans.

Public Law 2011, Chapter 78, created the State Health Benefits Plan Design Committee and the School Employees’ Health Benefits Plan Design Committee (Plan Design Committees), which are responsible for reviewing the SHBP/SEHBP Prescription Drug Plan Designs, and developing any changes therein that are determined to be cost effective and in the mutual best interests of the State, participating Local Employers, employees, Retirees, and their Dependents. Information about the current Prescription Drug Benefits available to SHBP/SEHBP Members and Retirees, as well as other Members employed by or Retirees from other local governments that participate in the SHBP. The SHBC and SEHBC may be referred to herein, collectively, as the Commissions.

The DPB, specifically the Health Benefits Bureau and the Bureau of Policy and Planning, are responsible for the daily administrative activities of the SHBP and the SEHBP.

The SHBP/SEHBP covers State employees and Retirees, as well as employees and Retirees of local government and education employers who have elected to purchase coverage in the SHBP/SEHBP. Presently, the SHBP/SEHBP covers approximately 800,000 lives, including active, retired and The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) individuals and their Dependents. All prescription drug Plans are self-insured.

The current benefit Plans include the elements described below. Please note that certain Plans are not available to certain employee or Retiree groups:

1. Employee Prescription Drug Plan, available to active State employees and active employees of participating local government and education employers who opt for coverage through this Plan;

1. NJ DIRECT Prescription Drug Plan, Aetna Freedom Prescription Drug Plan, or HMO Prescription Drug Plan for employees of participating local government or education employers, in lieu of a stand-alone prescription drug Plan; or

1. Non-SHBP/SEHBP alternative prescription drug plan offered by a participating local government or education employer.

Retirees receive prescription drug coverage based on the SHBP/SEHBP medical Plan that they have chosen. Plan Design differs by medical plan.

Direct Primary Care Medical Home (DPCMH Program) DPCMH is a program introduced by resolution of the SHBP/SEHBP plan design committees for employees and their Dependents enrolled in non-HMO plans designed to provide comprehensive primary care services. The current medical vendors have contracted with DPCMH Providers through organizations Everside Health, Sanitas, and Integrity Health. The Resolutions forming the DPCMH programs; including a description of the services can be found at the following links: https://www.nj.gov/treasury/pensions/documents/hb/Resolutions/SHBP-PDC/2015-1_SHBP-PDC-Res-DCPMH-Pilot_final.pdf ; https://www.nj.gov/treasury/pensions/documents/hb/Resolutions/SHBP-PDC/2021-1-SHBP-PDC-Res-FRPHC-Pilot.pdf

Copies of the current Plan Documents – Summary Program Description (SPD) and Member Handbooks for all Plans – are available at the Division of Pensions and Benefits website at: hb0505 (nj.gov) and hp0506 (nj.gov)

PRESCRIPTION DRUG PLAN DESIGNS

The SHBP/SEHBP prescription drug Plan Designs and current Copayments are outlined in the tables displayed in Exhibit A - Stand Alone Prescription Drug Plan, Exhibit B - Built in Prescription Drug Plan, and Exhibit C - Retiree Drug Plan. Please note that these Plan Designs are subject to change during the Contract period. All Plan Designs offer the option of using a Mail Order Pharmacy. All Plan Designs include Specialty Pharmacy, and Prior Authorization is required for certain drugs. The State may establish Quantity Limits on any medication based on Food and Drug Administration (FDA) recommendations and medical appropriateness. Prior Authorization, Drug Utilization Review (DUR), Dose Optimization, Step Therapy Program, and other Programs may be employed to ensure medications covered under the Plan are the most clinically appropriate, comparatively effective, and cost effective. Quantity Limits and days’ supply restrictions currently apply to certain drugs such as sexual dysfunction drugs, e.g., Viagra. Currently, the Commercial SHBP population uses a closed Formulary. The SEHBP population enrolled in the NJDirect10 and NJDirect15 plans and all EGWP Members are enrolled in plans with an open Formulary; those enrolled in the NJEHP and the GSHP are enrolled in plans with a closed Formulary.

The State reserves the right to break-out the consumer decision tool, a tool which allows Members to review various medication options and their subsequent costs, to a separate Contractor at any point throughout the contract.

CONTRACT AMOUNT

The estimated amount of the Contract, if stated, shall not be construed as either the maximum or minimum amount which the State shall be obliged to order.

ORDER OF PRECEDENCE OF CONTRACTUAL TERMS

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. In the event of a conflict in the terms and conditions among the documents comprising this Contract, the order of precedence, for purposes of interpretation thereof, shall be as listed from highest ranking to lowest ranking as noted above.

Any other terms or conditions, not included with the Bidder’s Quote and accepted by the State, shall not be incorporated into the Contract awarded. Any references to external documentation, including those documents referenced by a URL, including without limitation, technical reference manuals, technical support policies, copyright notices, additional license terms, etc., are subject to the terms and conditions of the Bid Solicitation and the State of New Jersey Standard Terms and Conditions. In the event of any conflict between the terms of a document incorporated by reference, the terms and conditions of the Bid Solicitation and the State of New Jersey Standard Terms and Conditions shall prevail.

INTRASTATE COOPERATIVE PURCHASING

Not applicable to this procurement.

PRE-QUOTE SUBMISSION INFORMATION

The Bidder assumes sole responsibility for the complete effort required in submitting a Quote and for reviewing the Quote submission requirements and the Scope of Work requirements.

ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Bidders via the “Q&A” Tab of the Bid Solicitation in NJSTART. Questions should be directly tied to a Bid Solicitation Section, the State-Supplied Price Sheet, Form or Attachment; and should reference the specific Bid Solicitation Section or document to which it relates.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation is indicated on the Bid Solicitation cover page. In the event that questions are posed by Bidders, answers to such questions will be issued by Bid Amendment.

A 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 Contract award.

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).

BID AMENDMENTS

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 will become part of this Bid Solicitation and part of any Contract awarded. Bid Amendments will be posted as a file attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date.

There are no designated dates for release of Bid Amendments. Those 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 Bidder is not on the bid holder list, Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

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

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

OPTIONAL PRE-QUOTE CONFERENCE

The date and time of the Optional Pre-Quote Conference is indicated on the Bid Solicitation cover sheet. Attendees may attend the Optional Pre-Quote Conference with the following call-in details:

Dial-In By Phone: +1 856-338-7074,,5052698# United States, Camden Phone conference ID: 505 269 8# https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZThhOTVkNWMtZjIxYS00N2M0LWI2OTctODA0MGM1NmE4Y2M5%40thread.v2/0?context=%7b%22Tid%22%3a%225076c3d1-3802-4b9f-b36a-e0a41bd642a7%22%2c%22Oid%22%3a%2211fbf0d0-97b4-4a21-99ca-8ce604466e6a%22%7d Meeting ID: 277 785 888 232 5 Passcode: DJ2JY6Kt

The Optional Pre-Quote Conference may be recorded.

The purpose of the Optional Pre-Quote Conference is to address procedural questions regarding the Bid Solicitation and Bidder Quote Submission Requirements only. No substantive questions regarding the Bid Solicitation Scope of Work will be accepted or answered during the pre-Quote conference. All questions are to be submitted during the Electronic Question and Answer Period.

PRE-QUOTE DOCUMENT REVIEW

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

1. NJDEP Prescription Drug Plans Member Guidebook;

2. NJDEP Summary Program Description Guidebook; and

3. State of NJ - Department of the Treasury - NJDPB | Plan Design Committee Resolutions.

In addition, prior to receiving the Exhibits outlined below, a Bidder must submit the Confidentiality/Non-Disclosure Agreement included with this Bid Solicitation as Attachment 4 – T2679 Confidentiality/Non-Disclosure Agreement. The T2679 Confidentiality/Non-Disclosure Agreement (Attachment 4) must be signed by an officer or other authorized representative of the Bidder.

Note: Attachment 4 – T2679 Confidentiality/Non-Disclosure Agreement is a separate document not to be confused with either the Confidentiality/Commitment to Defend Form referenced by Bid Solicitation Section 3.13.7, Confidentiality/Commitment to Defend, or the Confidentiality/Non-Disclosure Agreement attached to the State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire as referenced by Bid Solicitation Section 3.13.12, State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire.

Bidders shall email only the T2679 Confidentiality/Non-Disclosure Agreement (Attachment 4) and no other Quote submission documents to:

Sally Hilger Sally.Hilger@treas.nj.gov

Upon the State’s receipt of T2679 Confidentiality/Non-Disclosure Agreement (Attachment 4), confidential information, listed below as Exhibits D to N, will be made available for Bidder review and provided via the State’s data exchange portal.

Bidders shall return the signed T2679 Confidentiality/Non-Disclosure Agreement (Attachment 4) to the email address indicated above prior to the close of the Electronic Question and Answer Period (see Bid Solicitation Section 2.1) to allow time to review information and submit questions, if necessary. If an interested Bidder fails to provide a signed copy of the T2679 Confidentiality/Non-Disclosure Agreement (Attachment 4) prior to the close of the Electronic Question and Answer Period, they shall not receive the documents considered confidential and shall not be eligible to submit a Quote.

Material provided to Bidders upon receipt of a signed T2679 Confidentiality/Non-Disclosure Agreement (Attachment 4) will include the following:

1. Exhibit D – List of Clinical Edits;

2. Exhibit E – Census File (Active Members);

3. Exhibit F – Census File (Retiree Members);

4. Exhibit G – Census File (Retiree EGWP);

5. Exhibit H – Utilization Summaries;

6. Exhibit I – Detailed Claims Experience;

7. Exhibit J – Employer File Layout (CAR);

8. Exhibit K – Eligibility File Layout (8.0) EGWP;

9. Exhibit L (1-3) – Eligibility File Layout (8.0) Commercial;

10. Exhibit M – Chart of Time Limits for Claims and Internal Appeals; and

11. Exhibit N – State-Supplied Reverse Auction Tool Sample.

All other attachments and exhibits listed in the Table of Contents but not in the list above are already made available under the ‘Attachments’ tab on the NJSTART page for this Bid Solicitation.

QUOTE SUBMISSION REQUIREMENTS

QUOTE SUBMISSION

In order to be considered for award, the Quote must be received electronically by the Division’s Proposal Review Unit, through NJSTART, by the required date and time.

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 will be shown on the posted Bid Amendment and on the “Summary” Tab of the Bid Solicitation webpage within NJSTART. Quotes not received prior to the Quote opening deadline shall be rejected.

Quotes will be publicly opened and announced by telephone conference on the date and time of the quote opening.

(Dial-in phone number: 888-204-5984 / Access code: 2602305)

When submitting a Quote through NJSTART, do not use any symbols (i.e., #, @, $, &, *) in the filename as this may prevent the Quote from being properly uploaded. Uploaded files must be compatible with Microsoft Office and/or Adobe software applications. DO NOT UPLOAD files with extensions such as .zip, .numbers, or .pages.

When uploading the documents to NJSTART, the Bidder should select the “Confidential” option in NJSTART for attachments on the “Attachments” Tab to request that the documents not be displayed publicly through NJSTART. Marking an attachment as "Confidential" in NJSTART shall not constitute the Bidder's designation of the attachment as exempt from public disclosure under the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., or the common law right to know.

BIDDER RESPONSIBILITY

The 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 Bidder’s failure to be knowledgeable as to all of the requirements of this Bid Solicitation. The State assumes no responsibility and bears no liability for costs incurred by a Bidder in the preparation and submittal of a Quote in response to this Bid Solicitation or any pre-contract award costs incurred.

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 otherwise noted:

A. Information appropriately designated as proprietary and/or confidential in a Bidder’s Quote shall not be available for inspection and copying; and B. Where negotiation is contemplated, only the names and addresses of the 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.

QUOTE ERRORS

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

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

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

QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO CONTRACT AWARD

If, after the Quote opening, but before Contract award, a Bidder discovers an error in its Quote, the Bidder may make a written request to the Procurement Bureau to withdraw its Quote from consideration for award. If the 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 Bidder’s offer, the request shall be granted. Evidence of the 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 Contract resulting from the Quote would be unconscionable; that the mistake relates to a material feature or term of the Contract; and that the mistake occurred notwithstanding the Bidder’s exercise of reasonable care. After Quote opening, while pursuant to the provisions of this section a Bidder may request to withdraw its Quote and the Director may in his/her discretion allow said Bidder to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Bidder and take those prior requests to withdraw into consideration when evaluating the Bidder’s future Quotes.

The Quote withdrawal request must include the Bid Solicitation Number, Bid Solicitation Title, and the Quote submission date and should be sent to Procurement.Bureau@treas.nj.gov.

If, during a pricing evaluation process, an obvious pricing error made by a potential Contract awardee is found, the Director or his/her designee shall issue written notice to the Bidder. The Bidder will have up to five (5) Business Days after receipt of the notice to confirm its pricing. If the 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 complete and comply with all the forms and certification requirements in Bid Solicitation Section 3 – Quote Submission Requirements.

SMALL BUSINESS SET-ASIDE CONTRACTS

Not applicable to this procurement.

DISABLED VETERANS’ BUSINESS SET-ASIDE CONTRACT

Not applicable to this procurement.

BID SECURITY

Not applicable to this procurement.

BIDDER ADDITIONAL TERMS SUBMITTED WITH THE QUOTE

A Bidder may submit additional terms as part of its Quote. Additional terms are Bidder-proposed terms or conditions that do not conflict with the scope of work required in this Bid Solicitation, the terms and conditions of this Bid Solicitation, or the State of New Jersey Standard Terms and Conditions. Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions will render a Quote non-responsive. It is incumbent upon the Bidder to identify and remove its conflicting proposed terms and conditions prior to Quote submission.

Quotes including Bidder proposed additional terms may be accepted, rejected, or negotiated, in whole or in part, at the State’s sole discretion.

If Bidder intends to propose terms and conditions that conflict with the State of New Jersey Standard Terms and Conditions, those Bidder proposed terms and conditions shall only be considered if submitted and agreed to pursuant to the electronic question and answer procedure. Bidders shall not submit exceptions or modifications as part of the Quote or on the “Terms and Conditions” Tab through NJSTART.

QUOTE CONTENT

The Quote should be submitted with the attachments organized in the following manner:

· Forms

· Technical Quote

· State of New Jersey Security Due Diligence Third Party Information Security Questionnaire

A Bidder should not password protect any submitted documents. Use of URLs in a Quote should be kept to a minimum and shall not be used to satisfy any material term of a Bid Solicitation. If a preprinted or other document included as part of the Quote contains a URL, a printed copy of the information should be provided and will be considered as part of the Quote.

FORMS, REGISTRATIONS AND CERTIFICATIONS TO BE SUBMITTED WITH QUOTE

A Bidder is required to complete and submit the following forms. As an alternative to uploading certain forms with the submitted Quote, a Bidder may complete several certifications electronically in NJSTART on the “Terms and Categories” Tab within the Vendor Profile. Those forms that may be completed on the NJSTART “Terms and Categories” Tab are noted below. Additionally, a Bidder may attach completed forms to the Vendor Profile. Refer to QRGs “Vendor Forms” and “Attaching Files” for additional instructions. VENDOR QUICK REFERENCE GUIDES

OFFER AND ACCEPTANCE PAGE

The Bidder should complete and submit the Offer and Acceptance Page with the Quote. The Offer and Acceptance Page must be signed by an authorized representative of the Bidder. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request, or the State may deem the Quote non-responsive.

OWNERSHIP DISCLOSURE FORM

Pursuant to N.J.S.A. 52:25-24.2, in the event the Bidder is a corporation, partnership or limited liability company, the Bidder must disclose all 10% or greater owners by (a) completing and submitting the Ownership Disclosure Form with the Quote; (b) if the Bidder has submitted a signed and accurate Ownership Disclosure Form dated and received no more than six (6) months prior to the Quote submission deadline for this procurement, the Division may rely upon that form; however, if there has been a change in ownership within the last six (6) months, a new Ownership Disclosure Form must be completed, signed and submitted with the Quote; or, (c) a Bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest. N.J.S.A. 52:25-24.2.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this form online in NJSTART on the “Terms and Categories” Tab.

A Bidder’s failure to submit the information required by N.J.S.A. 52:25-24.2 will result in the rejection of the Quote as non-responsive and preclude the award of a Contract to said Bidder.

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

The Bidder should submit Disclosure of Investment Activities in Iran form to certify that, pursuant to N.J.S.A. 52:32-58, neither the Bidder, nor one (1) of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither the Bidder, nor one (1) of its parents, subsidiaries, and/or affiliates, is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the Bidder is unable to so certify, the Bidder shall provide a detailed and precise description of such activities as directed on the form. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request, or the State may deem the Quote non-responsive.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.

DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER FORM

The Bidder should submit the Disclosure of Investigations and Other Actions Involving Bidder Form, with its Quote, to provide a detailed description of any investigation, litigation, including administrative complaints or other administrative proceedings, involving any public sector clients during the past five (5) years, including the nature and status of the investigation, and, for any litigation, the caption of the action, a brief description of the action, the date of inception, current status, and, if applicable, disposition. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request, or the State may deem the Quote non-responsive.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.

MACBRIDE PRINCIPLES FORM

The Bidder should submit the MacBride Principles Form. Pursuant to N.J.S.A. 52:34-12.2, a Bidder is required to certify that it either has no ongoing business activities in Northern Ireland and does not maintain a physical presence therein or that it will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principles of nondiscrimination in employment as set forth in N.J.S.A. 52:18A-89.5 and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of their compliance with those principles. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request, or the State may deem the Quote non-responsive.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.

SERVICE PERFORMANCE WITHIN THE UNITED STATES

The Bidder should submit a completed Source Disclosure Form. Pursuant to N.J.S.A. 52:34-13.2, all Contracts primarily for services shall be performed within the United States. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request, or the State may deem the Quote non-responsive.

CONFIDENTIALITY/COMMITMENT TO DEFEND

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

The Bidder should submit a completed and signed Confidentiality/Commitment to Defend Form with the Quote. In the event that the Bidder does not submit the Confidentiality form with the Quote, the State reserves the right to request that the Bidder submit the form after Quote submission.

After the opening of sealed Quotes, all information submitted by a Bidder in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Bidder. Proprietary, financial, security and confidential information may be exempt from public disclosure by OPRA and/or the common law when the Bidder has a good faith, legal/factual basis for such assertion.

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 Contract is announced.

As part of its Quote, a Bidder may request that portions of the Quote be exempt from public disclosure under OPRA and/or the common law. The 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. The State will not honor any attempts by a Bidder to designate its State-Supplied Price Sheet, Price List/Catalog, and/or the entire Quote as proprietary and/or confidential, and/or to claim copyright protection for its entire Quote. If the State does not agree with a Bidder’s designation of proprietary and/or confidential information, the State will use commercially reasonable efforts to advise the Bidder. Copyright law does not prohibit access to a record which is otherwise available under OPRA.

The State reserves the right to make the determination as to what to disclose in response to an OPRA request. Any information that the State determines to be exempt from disclosure under OPRA will be redacted.

In the event of any challenge to the Bidder’s assertion of confidentiality that is contrary to the State’s determination of confidentiality, the 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 Bidder. The State assumes no such responsibility or liability.

In order not to delay consideration of the Quote or the State’s response to a request for documents, the State requires that 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.

SUBCONTRACTOR UTILIZATION PLAN

Bidders intending to use Subcontractor(s) shall list all Subcontractors on the Subcontractor Utilization Plan form or may list the Subcontractor(s) on the “Subcontractor” Tab in NJSTART.

For a Quote that does NOT include the use of any Subcontractors, the Bidder is automatically certifying that, if selected for an award, the Bidder will be…