T2770 Q and A Bid Amendment 6.11.24~1.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

TAHESHA L. WAY

Lt. Governor

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

June 11, 2024

To: All Interested Bidders

Bid Amendment #7

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

· This Bid Amendment includes answers to questions;

· Extends the Quote Submission Due Date from June 19, 2024, to June 25, 2024 (2:00 p.m. Eastern Time);

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation entitled “T2770 Revised Bid Solicitation 06.11.24”, and hereafter referred to in this document as the “Revised Bid Solicitation”; and

· Please note that the Revised Bid Solicitation includes additions and/or revisions to the following Bid Solicitation Sections:

· Section 3.13.12, State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire;

· Section 6.0, Data Security Requirements; and

· Section 7.1.2, Limitation of Liability Options.

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

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

Bid Solicitation #24DPP00983 T2770 - SEOC Emergency Center Planning and Staffing Services

Answers to Questions

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

Section Reference Question (Bolded) and Answer

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

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

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

Yes. Per Revised Bid Solicitation Section 1.1, Purpose and Intent, “This Bid Solicitation has been designated as a partial Small Business set-aside Contract for Small Business Category I, II or III, as per Bid Solicitation Section 3.8, with one (1) award set-aside for qualifying Small Businesses in each of Award Groups A, B, and C. If no responsive Quotes with acceptable pricing are received from qualified Small Businesses to be awarded a set-aside Contract, the Division reserves the right to award the set-aside Contract to a non-Small Business Bidder in that respective award group.”

The current contracts under T2770 were awarded to Millennium Strategies, IEM International, Inc., Michael Baker International Inc., Tetra Tech Inc., and Continuity Operations Group.

Information related to the current T2770 contracts can be found on NJSTART at www.njstart.gov under TT2770 - Emergency Center Planning Staffing Services. Please reference Revised Bid Solicitation Section 1.2, Background, for further information and instructions related to searching for the current contracts in NJSTART.

B. What was the spend for temporary staffing under this contract for each of the past 3 years by job title?

The Division is unable to provide the spend breakdown by job title as part of this Bid Amendment. However, the total spend under T2770 for Fiscal Years 2021 through 2023, based on data available to the Division, can be found below:

2021 - $4,910,347.41 2022 - $10,888,496.50 2023 - $16,644,889.99

Bidders are cautioned this information is provided for reference only, and is not a guarantee of future usage.

The Division is unable to provide details on specific task orders issued by Using Agencies under the current contract.

Please refer to the answer to Question #6 for information related to the current contractors and how to look up contract in NJSTART.

Public Works Contractor Registration is not applicable to this procurement.

There is currently no intent to release a separate call or procurement opportunity for standby recovery assistance. Recovery assistance falls under the tasks of Hazard Mitigation.

No, in order to qualify for the Small Business partial Set-Aside the Bidder must be registered as a Small Business with the State of New Jersey. Per Revised Bid Solicitation Section 3.8, Small Business Set-Aside Contracts: “The Bidder must be registered as a qualified small business with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit, by the Bid Opening Date.”

Please see Revised Bid Solicitation Section 3.8, Small Business Set-Aside Contracts for additional information.

Revised Bid Solicitation Section 3, Quote Submission Requirements, outlines the Technical Quote requirements. Please be sure to take note of where the Bid Solicitation denotes a requirement as a “should” or a “shall.”

Per Revised Bid Solicitation Section 9.2, Definitions, “shall” denotes that which is a mandatory requirement; while “should” denotes that which is permissible or recommended, not mandatory. Please note that not submitting a requested “should” could impact the Quote’s technical score.

For example, Revised Bid Solicitation Section 3.18, Mobilization Plan, states “each Bidder shall include as part of its Quote a mobilization plan, beginning with the date of notification of Contract award and lasting no longer than four (4) weeks.” And Revised Bid Solicitation Section 3.17, Contract Schedule, states “The Bidder should include a draft Contract schedule.”

It is the responsibility of the Bidder to ensure its Quote meets all mandatory requirements of the Bid Solicitation.

Bidders submitting a Quote for multiple groups are instructed to submit a single combined Quote including all required and requested attachments/submittals/documents. Bidders may submit separate Technical Quotes for each group as part of its Quote, or a combined Technical Quote that describes its approach and plans for accomplishing the work outlined in the Scope of Work for each award group being bid.

It is the responsibility of the Bidder to ensure its Quote meets all mandatory requirements of the Bid Solicitation.

The Bid Solicitation has been revised to only require the State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire to be applicable to Award Groups A and C. The Questionnaire is not applicable to Award Group B and D.

Please refer to Revised Bid Solicitation Section 3.13.12, State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire, as this section has been revised.

For Group C Hazard Mitigation typical tasks would be application development, benefit cost analysis, and project management.

Yes, per Revised Bid Solicitation Section 3.18, Mobilization Plan, a mobilization plan is required for all Award Groups.

Per Revised Bid Solicitation Section 3.18, Mobilization Plan: “It is essential that the State have quick use of the functionality this Contract is to provide. Therefore, each Bidder shall include as part of its Quote a mobilization plan, beginning with the date of notification of Contract award and lasting no longer than four (4) weeks.”

Is there an incumbent firm supporting NJ in this effort?

Information related to the current T2770 contracts can be found on NJSTART at http://www.njstart.gov under T2770 - Emergency Center Planning Staffing Services. Please reference Revised Bid Solicitation Section 1.2, Background, for further information and instructions related to searching for the current contracts in NJSTART. Please also see the answer to Question #6.

Bid Solicitation Section 3.24, Experience with Contracts of Similar Size and Scope A. Our understanding of 3.20 (Organizational Experience) is to be organized to align with 8.9.1 (Technical Evaluation Criteria) with personnel, experience of firm, and ability of the firm to complete the Scope of Work.

B. Our understanding of 3.24 (Experience with Contracts of Similar Size and Scope) is that it is limited to only completed services of contracts that are similar in size and scope of work to this Bid Solicitation, inclusive of two references (names/telephone numbers) with beginning and end dates for each contract. Is this interpretation correct?

A. The Bidder should respond to Section 3.20 and its subsections as directed by the Bid Solicitation. The State will evaluate in accordance with Bid Solicitation 8.9.1, as applicable.

B. As specified by Section 3.24, the Bidder should provide a comprehensive listing of contracts of similar size and scope that it has successfully completed, as evidence of the Bidder’s ability to successfully complete services similar to those required by this Bid Solicitation. Emphasis should be placed on contracts that are similar in size and scope to the work required by this Bid Solicitation. A description of all such contracts should be included and should show how such contracts relate to the ability of the firm to complete the services required by this Bid Solicitation. For each such contract listed, the Bidder should provide two (2) names and telephone numbers of individuals for contracting party. Beginning and ending dates should also be given for each contract.

The Bidder should include the level of detail it determines necessary to assist the Evaluation Committee in its review of the Bidder’s Quote.

Yes.

Section template language

There is no specific number of references requested for each resume. Per Revised Bid Solicitation Section 3.23, Resumes: “With respect to each similar Contract, the name and address of each reference together with a person to contact for a reference check and a telephone number.”

Please note that this is different from the request set forth in Bid Solicitation Section 3.24, Experience with Contracts of Similar Size and Scope, which states, “For each such contract listed, the Bidder should provide two (2) names and telephone numbers of individuals for contracting party. Beginning and ending dates should also be given for each contract.”

The Bidder should include the level of detail it determines necessary to assist the Evaluation Committee in its review of Bidder’s Quote.

Please see the response to Question #19.

The State notes resume references are requested by Section 3.23 (“should”), but not required (“shall”), as implied by the question.

Please see the response to Question #19.

The State notes resume references are requested by Section 3.23 (“should”), but not required (“shall”), as implied by the question.

Section 3.23D is requesting external client references.

In accordance with Revised Bid Solicitation Section 3.25, Financial Capability of the Bidder:

A. “For publicly traded companies the Bidder should provide copies or the electronic location of the annual reports filed for the two most recent years; or B. For privately held companies the Bidder should provide the certified financial statement (audited or reviewed) in accordance with applicable standards by an independent Certified Public Accountant, including a balance sheet, income statement, and statement of cash flow, and all applicable notes for the most recent calendar year or the Bidder’s most recent fiscal year.”

Please refer to Revised Bid Solicitation Section 3.25 for additional information.

The State declines to provide this information.

The State will have a supervisor assigned to oversee each project. The employee assigned to the task by the Contractor will be expected to work independently with direction from the State supervisor.

Yes, please see the response to question #25.

In accordance with Revised Bid Solicitation Section 4.1.1, Method of Operation: “…the Using Agency will rank the Contractors in the applicable award grouping based upon price. On an as-needed basis, the Using Agency will request resumes for the needed labor title resources from the Contractor with the lowest price for the required labor titles. In the event the Contractor cannot provide a qualified resource, as solely determined by the Using Agency, the Using Agency will then request resumes from other Contractors within the applicable award grouping.”

Please see Revised Bid Solicitation Section 4.1.1, Method of Operation for additional information.

Since the employees assigned to the State will work under the supervision of State employees, it does not seem as if this requirement should be the responsibility of the Supplier, but rather the responsibility of the State who is providing the worker supervision. Please explain how the Supplier will have the information required to create and submit such reports. This may not be applicable for Award Groups A-C.

New Jersey Office of Emergency Management (NJOEM) is the entity required to file the annual report. The Contractor is required to be aware of Emergency Management Accreditation Program (EMAP) standards and provide professional services in accordance with EMAP standards.

Per Revised Bid Solicitation Section 4.2, Overview of Labor Titles: “The Contractor should be aware and familiarized with these standards as well as plan and manage time accordingly to ensure compliance of reports with these standards and effective dates.”

Will the State agree not to schedule each employee for more than 40 hours per week if it is unwilling to pay more than a “straight” hourly rate, and will the State agree to pay an overtime rate if a State representative directs an employee to work more than 40 hours in a week?

The State declines to change or modify the terms and conditions in Bid Solicitation Section 4.2 The State procures services from the Contractor and it is the Contractor’s responsibility to schedule their employees appropriately. The contractual rate is the only rate that may be invoiced to the State.

The State declines to revise the Bid Solicitation in response to this question. However, it is noted that many of the qualifications listed for the Emergency Management Planning Specialist in Section 4.2.2 are specified as a “should”, rather than a “shall”.

Per Revised Bid Solicitation Section 9.2, Definitions, “shall” denotes that which is a mandatory requirement; while “should” denotes that which is permissible or recommended, not mandatory.

Staff not meeting a recommended qualification does not necessarily preclude them from filling the position, if the staff is overall qualified to fulfill the position. All resumes will be reviewed and approved by the State before the staff would be employed on a project.

What equipment does the State envision us providing?

a) Would the State want us to include such equipment in our hourly bill rate (which could result in inflated costs) or bill separately at cost with no markup?

The State is not responsible for the costs of equipment.

The Bid Solicitation provides for the possibility of work being conducted outside of NJOEM offices and, per Revised Bid Solicitation Section 4.3, Contractor Qualifications, “For some assignments, the selected labor title resource will be allowed to work from a location of their choosing.” At these times, the Contractor will be responsible for providing any necessary equipment.

Section 4.5, Emergency Management Training & Section 4.6, Hazard Mitigation Sections 4.4, 4.5, and 4.6 include a long list of required experience and qualifications for each labor title. Will the State clarify the requirement for the qualifications listed? Can experience or similar relevant qualifications be substituted for one or more of the listed qualifications? There are many extremely talented and experienced emergency management professionals who offer vast experience in emergency management but may be lacking one or more of the specific qualifications identified by the State.

The State declines to modify the referenced sections. However, the State notes that many of the listed experience levels and qualifications listed for labor titles are classified as a “should” rather than a “shall”.

Per Revised Bid Solicitation Section 9.2, Definitions, “shall” denotes that which is a mandatory requirement; while “should” denotes that which is permissible or recommended, not mandatory.

The above distinction is critical and should help to alleviate the types of concerns raised by the question.

All resumes will be reviewed and approved by the State before the staff would be employed on a project.

The State declines to alter or modify the language in the Bid Solicitation Section 5. General Contract Terms. The State reserves the rights and recourse as set forth in the Bid Solicitation and the State Standard Terms and Conditions.

Any and all price adjustments are subject to the provisions of the State Standard Terms and Conditions Section 6.1 Price Fluctuation During Contract.

It is unclear what the Supplier Convenience Fee is for, but since it needs to be paid, does the State suggest that all bill rates be increased to cover this fee?

The Bidder is advised to incorporate all associated overhead and costs into its All-Inclusive Unit Pricing, including the Supplier Convenience Fee.

Does the State agree that the fee only needs to be paid on collected billings, i.e. that if the State has not paid the Supplier for services that were invoiced during a particular quarter, the Supplier Convenience Fee will need to be paid in the quarter when the invoices are paid by the State? Otherwise, we will be paying a fee while still waiting to collect on the invoice which would result in cash flow issues.

Pursuant to Bid Solicitation Section 5.11 Reporting and Supplier Convenience Fee. - For all purchases made under the Contract, the Contractor shall remit the Supplier Convenience Fee in the amount of one percent (1%) of all Purchases to Periscope Holdings, Inc. (Periscope). Accordingly, until and unless a Contractor has been paid for a good or service then a Purchase is not completed under the Contract and therefore is not yet subject to the Supplier Convenience Fee.

The Revised Bid Solicitation has been revised to make the data security requirements as well as the State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire only applicable to Award Groups A and C.

The Questionnaire (Bid Solicitation Section 3.13.2, State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire) and security requirements outlined in Section 6, Data Security Requirements – Contractor Responsibility are no longer applicable to Award Groups B and D.

Please refer to the Revised Bid Solicitation.

The State declines to provide this information as part of this Bid Amendment.

The State of New Jersey declines to change or modify the terms and conditions set forth in the Bid Solicitation Section 7.1.2, Limitation of Liability Options.

Not all State Standard Terms and Conditions are applicable to all contracts. To the extent that The New Jersey Prevailing Wage Act, N.J.S.A 34: 11-56.25 et seq. is not currently applicable, this and other terms shall remain in case the Contract is modified in the future pursuant to the processes permitted under the Contract.

Please confirm whether the Diane B. Allen Equal Pay Act applies to this contract and if so which titles?

Not all Bid Solicitation terms and State of New Jersey Standard Terms and Conditions (SSTCs) are applicable to all contracts. The Division of Purchase and Property is not permitted to provide guidance or legal advice on specific contracts, currently open Bid Solicitations, or potential future Bid Solicitations. Where applicable the SSTCs shall be in effect.

What information does the State expect us to have access to since the State will be supervising our employees?

Depending on the task, employees may have access to both NJOEM and FEMA grants management systems.

The indemnity in this section is overly broad and not industry standard and would require us, for example, to indemnify the State for a judgement obtained by one of our employees who was sexually harassed by a State employee. Therefore, would the State agree to revise this indemnity to make us responsible only in the case of events caused by our gross negligence or willful misconduct and not the result of negligence or unlawful conduct on the part of State employees?

Please refer to Revised Bid Solicitation Section 7.1.2, Indemnification, as this section has been revised.

Is driving required by this contract? If not, would the State agree to remove the automobile liability insurance requirement?

The State can confirm that Automobile Liability Insurance is not applicable to this procurement and Contractors will not be required to provide Automotive Liability Insurance.

Please refer to State of New Jersey Standard Terms and Conditions Section 6.5, New Jersey Prompt Payment Act.

What are the targeted county employment goals for this contract?

The language identified in Exhibit A to SSTCs refers back to State Standard Terms and Conditions Section 2.4, Anti-Discrimination which states in part:

“The Contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time.”

The State declines to provide prospective and/or speculative information.

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