T2740 rev Bid Solicitation 19DPP00284 20190103~1.pdf

Bid Solicitation

Bid # 19DPP00284

For: T2740 – Alternative Resolution Program, Professional Assistance Monitoring Program

Event Date Time

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

1/25/2019 2:00 PM

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

Not Applicable Not

Applicable

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

Not Applicable

Not Applicable

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

2/28/2019 2:00 PM

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

Small Business

Set-Aside

Status ☐ Not Applicable

☐ Entire Blanket P.O.

☐ Partial Blanket P.O.

☒ Subcontracting Only

Category

☒ I ☐ IV

☒ II ☐ V

☒ III ☐ VI

Bid Solicitation Issued By Using Agencies

State of New Jersey State of New Jersey Department of the Treasury Office of the Attorney General Division of Purchase and Property Division of Consumer Affairs Trenton, New Jersey 08625-0230 Board of Medical Examiners & Board of Nursing Date: 1/3/2019 Newark, NJ 07101 http://www.njstart.gov/

Table of Contents

INFORMATION FOR VENDORS {BIDDERS}

PURPOSE AND INTENT

BACKGROUND

KEY EVENTS

ELECTRONIC QUESTION AND ANSWER PERIOD

SUBMISSION OF QUOTES

VENDOR {BIDDER} SUPPORT

MANDATORY/OPTIONAL SITE VISIT

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

PRE-QUOTE DOCUMENT REVIEW

ADDITIONAL INFORMATION

BID AMENDMENTS: REVISIONS TO THIS BID SOLICITATION

VENDOR {BIDDER} RESPONSIBILITY

COST LIABILITY

CONTENTS OF QUOTE

ANNOUNCEMENT OF QUOTE INFORMATION

PRICE ALTERATION IN QUOTES

QUOTE ERRORS

JOINT VENTURE

RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE

QUOTE ACCEPTANCES AND REJECTIONS

ELECTRONIC SIGNATURES

DEFINITIONS

GENERAL DEFINITIONS

BLANKET P.O.-SPECIFIC DEFINITIONS/ACRONYMS

SCOPE OF WORK

GENERAL REQUIREMENTS

INITIAL SCREENING

PRELIMINARY NARRATIVE

RECOMMENDATION REPORT FOR PROGRAM PARTICIPATION

LETTER OF AGREEMENT

STAFFING

RECORDS MANAGEMENT

CONFIDENTIALITY REQUIREMENT

3.5 ANNUAL REPORT

QUOTE PREPARATION AND SUBMISSION

GENERAL

QUOTE DELIVERY AND IDENTIFICATION

NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

NJSTART SUBMISSION OF QUOTE

HARD COPY SUBMISSION

QUOTE CONTENT

FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH QUOTE

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

SHOULD BE SUBMITTED WITH THE QUOTE

TECHNICAL QUOTE

ORGANIZATIONAL SUPPORT AND EXPERIENCE

STATE-SUPPLIED PRICE SHEET

COOPERATIVE PURCHASING PROGRAM

ORAL PRESENTATIONS

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

PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS

BLANKET P.O. TERM AND EXTENSION OPTION

BLANKET P.O. TRANSITION

CHANGE ORDER

VENDOR {CONTRACTOR} RESPONSIBILITIES

SUBSTITUTION OF STAFF

SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)

OWNERSHIP OF MATERIAL

SECURITY AND CONFIDENTIALITY

DATA CONFIDENTIALITY

DATA SECURITY STANDARDS

TAX RETURN DATA SECURITY

SECURITY PLAN

NEWS RELEASES

ADVERTISING

LICENSES AND PERMITS

CLAIMS AND REMEDIES

CLAIMS

REMEDIES

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

LIQUIDATED DAMAGES

RETAINAGE

ADDITIONAL WORK AND/OR SPECIAL PROJECTS

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

INDEMNIFICATION

INSURANCE - PROFESSIONAL LIABILITY INSURANCE

PERFORMANCE GUARANTEE OF VENDOR {CONTRACTOR}

ACCESSIBILITY COMPLIANCE

BLANKET P.O. ACTIVITY REPORT

ELECTRONIC PAYMENTS

PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES

QUOTE EVALUATION

RIGHT TO WAIVE

DIRECTOR’S RIGHT OF FINAL QUOTE ACCEPTANCE

STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES

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

QUOTE EVALUATION COMMITTEE

ORAL PRESENTATION

EVALUATION CRITERIA

TECHNICAL EVALUATION CRITERIA

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

QUOTE DISCREPANCIES

EVALUATION OF THE QUOTES

NEGOTIATION AND BEST AND FINAL OFFER (BAFO)

“REQUEST FOR REVISION” WITHIN NJSTART

POOR PERFORMANCE

BLANKET P.O. AWARD

DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD

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

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

SOURCE DISCLOSURE REQUIREMENTS

AFFIRMATIVE ACTION

BUSINESS REGISTRATION

FINAL BLANKET P.O. AWARD

INSURANCE CERTIFICATES

PERFORMANCE SECURITY

BLANKET P.O. ADMINISTRATION

STATE CONTRACT MANAGER

STATE CONTRACT MANAGER RESPONSIBILITIES

COORDINATION WITH THE STATE CONTRACT MANAGER

STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS

INFORMATION FOR VENDORS {BIDDERS}

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

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

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

PURPOSE AND INTENT

This Bid Solicitation {RFP} is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of the Office of the Attorney General (AG), Division of Consumer Affairs (DCA), and New Jersey State Board of Medical Examiners (Board). The purpose of this Bid Solicitation {RFP} is to solicit Quotes to provide professional assistance to medical doctors and doctors of osteopathy licensed by the Board who may be suffering from substance use or abuse disorders or other addictions or impairments.

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

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

BACKGROUND

The Board is responsible for protecting the public's health and safety by determining qualifications of applicants for licensure, establishing standards for practice, and disciplining licensees who do not adhere to those requirements. Since the late 1800's, a license has been required to practice medicine in New Jersey. The Board, pursuant to the Medical Practice Act of 1894, was authorized to regulate the practice of medicine and surgery, including regulation of chiropractic. Today 12 physicians, one (1) podiatrist, three (3) public members, a certified nurse midwife, a licensed physician assistant, a bioanalytical laboratory director, the Commissioner of Health or his or her designee and a government liaison member -- all gubernatorial appointees -- serve on the Board

(N.J.S.A. 45:9-1, N.J.S.A. 45:1-2.2).

http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml https://nj.gov/labor/equalpay/equalpay.html

Over the past 30 years, the role of the Board has been expanded to involve greater licensing responsibility for numerous and varied allied health providers, and in some instances professions once subject to Board jurisdiction have been removed from the ambit of Board responsibility. In

1983 the legislature created a separate Acupuncture Examining Board leaving the Board with only limited responsibility in this field (N.J.S.A. 45:2C-1). That same year, a totally independent State

Board of Physical Therapy was established, removing physical therapists from the roster of health care professionals under Board oversight (N.J.S.A. 45:9-37.11). Again, in 1989, the legislature created a separate State Board of Chiropractic Examiners, transferring the regulation of chiropractic away from the Board (N.J.S.A. 45:9-41.17).

The statutory and regulatory schemes of the Board require that there is a Professional Assistance

Program (Program) in place to monitor, identify and recommend treatment for medical doctors and doctors of osteopathy who display characteristics associated with substance use or abuse disorders or other addictions or impairments (N.J.S.A. 45:9-19.9 and 11-24.10; N.J.A.C. 13:35-

11). Licensees currently participating in the current Board-approved Program must enter the

Program resulting from this Bid Solicitation.

This is a reprocurement of the services under Alternative to Discipline, Resolution Monitoring Program for State Boards, presently due to expire on April 3, 2019. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. (T2740) at www.njstart.gov by following these steps:

Go to: www.njstart.gov Select “Contract & Bid Search” Select “Contracts/Blankets” Under “Contract/Blanket Description” type in (T2740), Click “Find It” The current Blanket P.O’s will appear under “Results”.

Vendors {Bidders} are cautioned that this new Bid Solicitation addresses current requirements and Quotes submitted will be evaluated solely in reference to the new Bid Solicitation, not the past/expiring one.

KEY EVENTS

ELECTRONIC QUESTION AND ANSWER PERIOD

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

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

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

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

A Vendor {Bidder} shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation, prior to the final award of the Blanket P.O.

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

(See Bid Solicitation Section 1.4.1 for further information.)

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

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

SUBMISSION OF QUOTES

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

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

QUOTES NOT RECEIVED PRIOR TO THE QUOTE OPENING DEADLINE SHALL BE

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

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

WEBPAGE WITHIN NJSTART.

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

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

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

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

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

VENDOR {BIDDER} SUPPORT

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

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

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

PRE-QUOTE DOCUMENT REVIEW

mailto:njstart@treas.nj.gov

ADDITIONAL INFORMATION

BID AMENDMENTS: REVISIONS TO THIS BID SOLICITATION

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

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

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

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

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

VENDOR {BIDDER} RESPONSIBILITY

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

COST LIABILITY

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

CONTENTS OF QUOTE

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

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

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

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

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

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

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

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

ANNOUNCEMENT OF QUOTE INFORMATION

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

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

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

PRICE ALTERATION IN QUOTES

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

QUOTE ERRORS

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

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

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

QRGs are located on the NJSTART Vendor Support Page.

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

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

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

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

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

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

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

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

JOINT VENTURE

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

4.4.1 and 4.4.2 of this Bid Solicitation.

RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE

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

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

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

QUOTE ACCEPTANCES AND REJECTIONS

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

ELECTRONIC SIGNATURES

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

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

DEFINITIONS

GENERAL DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

Division – The Division of Purchase and Property.

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

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

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

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

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

Must – Denotes that which is a mandatory requirement.

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

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

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

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

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

QRGs – Quick Reference Guides.

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

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

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

Shall – Denotes that which is a mandatory requirement.

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

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

(C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III); For construction services: (A) 0 to $3,000,000 (Category IV); (B) gross revenues that do not exceed 50 percent of the applicable annual revenue standards established at 13 CFR 121.201 (Category V); and (C) gross revenues that do not exceed the applicable annual revenue standards established at CFR 121.201, (Category VI).

State – The State of New Jersey.

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

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

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

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

Task – A discrete unit of work to be performed.

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

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

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

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

BLANKET P.O.-SPECIFIC DEFINITIONS/ACRONYMS

Confidential – A participating licensee’s identity (as well as any information from which a licensee’s identity could be deduced) shall be maintained in a limited access file.

Cross-check - An additional review of existing information, including but not limited to a review of past disciplinary actions in New Jersey and in sister states, Board complaints filed against the individual, and information regarding previous participation in a similar or previous program.

Enforcement Bureau (EB) - Investigative unit within the Division of Consumer Affairs.

Impairment – An inability to function at an acceptable level of competency, or an incapacity to continue to practice with the requisite skill, safety and judgment, as a result of alcohol and/or chemical dependency, a psychiatric and/or emotional disorder, senility or a disabling physical disorder.

Impairment Review Committee (IRC) - A committee of the State Board of Medical Examiners established to review matters involving practitioners suffering from chemical dependencies or other impairments.

Letter of Agreement – A written agreement between the Vendor {Contractor} and State, which allows services to be provided at the agreed-upon prices, terms, and time.

Licensee – Individual licensed by the New Jersey State Board of Medical Examiners.

Medical Practitioner Review Panel (Panel) - A panel of the State Board of Medical Examiners that receives and investigates referrals which may include medical malpractice claim settlements, judgments or awards, complaints alleging professional misconduct, incompetence, negligence or impairment of a practitioner from various sources.

Professional Assistance Program (Program) – Services offered by a publicly or privately organized entity to facilitate the rehabilitation of licensees suffering from chemical dependencies or other impairments.

Diagnostic and Statistical Manual of Mental Disorders (DSM) – Provides the standard language by which clinicians, researchers, and public health officials in the United States communicate about mental disorders which includes disorders/diseases of impairments.

SCOPE OF WORK

GENERAL REQUIREMENTS

The Vendor’s {Contractor’s} Clinical Staff shall accept potential clients, seven (7) days per week, 24 hours per day from any source (including but not limited to hospitals, long-term care facilities, treatment programs, home health agencies, patients, family, friends, colleagues and licensees themselves) concerning medical doctors and doctors of osteopathy licensed by the Board who may be suffering from substance use or abuse disorders or other addictions or impairments, including but not limited to mental illness/psychiatric disorders and chronic medical illness. The Vendor {Contractor} shall also accept referrals from the State Board of Medical Examiner’s Impairment Review Committee (IRC), the Medical Practitioner Review Panel (Panel), the Board of Medical Examiners (Board), the Enforcement Bureau (EB), the Division of Consumer Affair’s Health Care Professional Information Clearinghouse Coordinator, and the Office of the Attorney General (AG), collectively referred to as the “Board.” The Vendor {Contractor} shall maintain a telephone hotline for making/receiving referrals that is toll-free and available 24 hours per day, seven (7) days per week.

INITIAL SCREENING

The Vendor {Contractor} shall conduct inquiries within 24 hours of receipt of a referral, including weekends and holidays, to determine whether the information indicating a licensee’s impairment is sufficiently reliable to warrant review. According to the Diagnostic and Statistical Manual of Mental Disorders (DSM), if the Vendor {Contractor} determines that the licensee is suffering from substance use or abuse disorders or other addictions or impairments, or it cannot determine that the subject licensee is not suffering from substance use or abuse disorders or other addictions or impairments, the Vendor {Contractor} must contact the Board’s IRC within seven (7) calendar days of receipt of the referral so that the Board can conduct its own investigation.

Within seven (7) days of receipt of a referral, the Vendor {Contractor} shall provide the Executive Director of the Board with the name of the licensee so that the required Cross-check can be conducted against Board records.

PRELIMINARY NARRATIVE

The Vendor {Contractor} shall, within 30 calendar days of receipt of a referral, provide a written preliminary narrative to the IRC. The preliminary narrative will be completed by the Medical Director, in conjunction with the Clinical Staff. The assessment shall provide sufficient information concerning the suspected substance use or abuse disorders or other addictions or impairments, and the nature of the licensee’s practice so that the IRC can conduct a meaningful review. Except with respect to those licensees referred by the Board, the Panel, the EB or the AG, the licensee’s name shall not be disclosed and a code number shall be assigned. The preliminary narrative at a minimum, shall include:

A. The nature of the substance use or abuse disorders or other addictions or impairments;

B. The source of the referral;

C. Whether the licensee rendered or was expected to render care while impaired;

D. Whether patients were harmed either directly or indirectly by the licensee’s conduct or put at risk of harm;

E. Whether the licensee has engaged in an activity which could render that licensee subject to criminal penalty including, but not limited to, the illegal distribution of controlled dangerous substances or sexual abuse of patients. (The preliminary narrative shall provide any available information concerning criminal charges, pending or resolved, and shall identify the steps undertaken to obtain that information, so that the IRC can determine whether investigative support should be requested);

F. Whether the licensee had undergone a rehabilitation program previously, and if so, when that occurred and what was the nature and the duration of prior treatment; and

G. The results of the initial specimen collection should it be necessary.

The Vendor’s {Contractor’s} preliminary narrative may recommend no further action if, after inquiry, there is insufficient information upon which to conclude that the licensee is suffering from a substance use or abuse disorders or other addictions or impairments. The Vendor {Contractor}, in writing, shall provide to the IRC the basis for its conclusion. The Vendor {Contractor} shall, at the request of the IRC, provide all available reports, discharge summaries and tests for review. If an evaluation of the licensee had been undertaken by a mental health professional prior to the date of the Vendor’s {Contractor’s} preliminary narrative, a summary of that report shall be obtained and included in the preliminary narrative and the compete evaluation shall be provided upon request.

Except with respect to those licensees referred by the Board, the Panel, the EB or the AG, the licensee’s name shall be redacted from all reports, summaries and tests.

RECOMMENDATION REPORT FOR PROGRAM PARTICIPATION

Within 50 calendar days of receipt of the referral, the Vendor {Contractor} shall prepare and submit to the IRC, a written report for each licensee recommended for participation in the Program. The Vendor’s {Contractor’s} report shall include:

A. An individual plan for recovery;

B. A proposed plan of treatment;

C. The services which will be coordinated by the Vendor {Contractor};

D. A recommendation as to any practice restrictions which should be imposed and how those will be implemented;

E. The monitoring regimen to be instituted, if any;

F. The supervision and reporting to be required and by whom;

G. The frequency of its periodic reports to the IRC; and

H. A confirmation that disclosures have been made to all facilities and agencies as required.

The Vendor {Contractor} shall make all necessary arrangements to facilitate a tailored monitoring regimen that provides for periodic, but unpredictable specimen collection which is consistent with general medical standards, to assure the validity of the samples and testing for, at a minimum, all substances related to the participant's history of substance abuse.

The Vendor’s {Contractor’s} Medical Director of the Program, as well as the clinical staff, are required to monitor each participant based on the appropriate standards within the industry for those that are recovering from addictions and/or personality issues. The frequency of testing, including but not limited to description of test panel, are based on the individual participant’s needs, which depends on the level of addiction, with factors such as use disorder, abuse, number of years addicted and/or experienced personality issues. The Vendor {Contractor} should have the expertise to know industry standards and the monitoring requirements for each participant in the Program.

The Vendor {Contractor} shall ensure that the participant has periodic, regularized contact, including face-to-face meetings with the Medical Director and/or Clinical Staff to assess progress in recovery or at any time that the participant is subject to a monitoring regimen, or has tested positive, or has failed to adhere to the conditions of participation. Required meetings with the participants via secure video call or Skype in lieu of face-to-face is unacceptable. The frequency of such contacts shall be determined by the Vendor {Contractor} based on the participant's stage and progress in recovery, but shall not occur less frequently than on a quarterly basis.

The Vendor {Contractor} shall conduct such reasonable supplemental inquiry as may be directed by the IRC, the Board, or the AG, to assist in making a determination whether substance use or abuse disorders or other addictions or impairments are present, and whether any circumstances exist which would make participation in the Program inappropriate for the licensee. In the event that the Executive Director’s Cross-check or such supplemental inquiries reveal information that would provide a basis for a determination that continued participation in the Program would be inappropriate, disclosure of such information shall be provided immediately to the IRC.

The Vendor {Contractor} may submit one (1) bill for work performed under the Blanket P.O. upon completion of the Recommendation Report for each licensee.

LETTER OF AGREEMENT

The Vendor {Contractor} shall secure from each participant a signed letter of agreement, no later than 15 calendar days after the IRC’s determination that participation is appropriate, bearing the participant’s signature and memorializing consent to all the terms of participation. The Vendor’s {Contractor’s} Medical Director shall become a cosignatory to each participating licensee’s letter of agreement in which the specific terms of participation, as approved by the IRC, are set forth. A copy of the letter of agreement, reflecting the participant’s code number, shall be provided to the Executive Director of the Board within ten (10) calendar days of its receipt. If the participant was referred by the Board or otherwise known to that Board, the letter of agreement shall also reflect the participant’s name. The letter of agreement, as well as any medical records, specimen reports, evaluations or other documentation shall be made available to the IRC upon request at any time that it is reviewing a participant’s progress in rehabilitation. Except with respect to those licensees referred by the Board, the licensee’s name shall be redacted from all reports, summaries and tests.

In the letter of agreement, the Vendor {Contractor} shall obtain from all participating licensees consent to provide or to authorize the release of all pertinent medical, psychiatric, personnel records or law enforcement records to the IRC upon request, as well as the licensee’s consent to provide the letter of agreement and updates to any other state or jurisdiction in which he or she may be currently licensed or may seek licensure. The Vendor {Contractor} shall obtain from all participating licensees an acknowledgment that the licensee understands that upon a determination by the IRC that the licensee’s continued confidential participation in the Program is not appropriate, all pertinent medical, psychiatric or personnel records, as well as the licensee’s letter of agreement, will be provided to the Board.

The letter of agreements shall mandate that certain notice be provided to other jurisdictions if the licensee should elect to leave this State or should apply for initial licensure in another state, or in response to an inquiry from another state or regulatory agency or healthcare facility. In the event a licensee refuses to execute the letter of agreement after the determination is made by the IRC that participation in the Program is appropriate, the Vendor {Contractor} shall report to the Executive Director of the Board the licensee’s refusal for potential disciplinary action. The Vendor {Contractor} shall notify the IRC, through the Executive Director of the Board, by the close of business of the next business day, of any failure of the potential licensee to execute the letter of agreement either through written or verbal response, or through behavior of an alteration of any of the terms of the letter of agreement or any rejection by the licensee. A copy of the letter of agreement that has been altered or amended, with the participant’s name redacted if applicable, shall be provided to the Executive Director of the Board within two (2) business days after notification.

The Vendor {Contractor} shall promptly prepare all reports required pursuant to such letter of agreements and, as appropriate, coordinate the submission of any other documentation directed.

Progress reports shall contain sufficient documentation or information so that the appropriate Committee and the affected Board can make informed decisions about the appropriateness of continued participation.

The Vendor {Contractor} shall notify the IRC within two (2) calendar days, through the Executive Director, and disclose the identity of the participating licensee if that licensee has:

A. Not complied with any of the terms of the letter of agreement (for example, repeated unavailability when asked to submit to required specimen production);

B. Been the subject of a urine or blood test report which is positive for the presence of a substance not appropriately prescribed for legitimate documented reason and that has not been disclosed to the Program prior to the urine or blood test;

C. Otherwise demonstrated a relapse or substance use or abuse disorders or other addictions or impairments;

D. Engaged in deceptive behavior (for example, an attempt to invalidate a drug screen, substitute a specimen or present fraudulent attendance records);

E. Suffered an exacerbation of a condition rendering the licensee incapable of practicing with requisite skill and safety, or;

F. His or her status changed (for example, has been the subject of a disciplinary proceeding…