T2905 RFP Fingerprint Services-Noncriminal 090418~1.docx

Bid Solicitation

Various State Agencies

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

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

NOT APPLICABLE

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

NOT APPLICABLE

Quote Submission Date (Refer to Bid Solicitation Section 1.3.2 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 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 Agency/Agencies

Division of Purchase and Property Trenton, New Jersey 08625 0230

Date: September 4, 2018

Table of Contents

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 is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of the Department of Law and Public Safety, Division of State Police (NJSP). The purpose of this Bid Solicitation is to solicit Quotes for a Vendor {Contractor} to provide electronic fingerprinting services for State, local, and private agencies.

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 intends to award only one (1) Blanket P.O. for this Bid Solicitation to that responsible Vendor {Bidder} whose Quote, satisfies the criteria detailed Section 6.7 of this Bid Solicitation. The State assigns a weighted score associated with specific criteria addressed within each Vendor's {Bidder's} Quote. The criteria includes Personnel, the individuals the Vendor {Bidder} will provide to perform the tasks detailed in the Scope of Work of this Bid {Solicitation}; the Experience of Vendor's {Bidder's} firm, a detailed list of companies or organizations that the Vendor {Bidder} has performed comparable tasks to those specified in the Scope of Work of this Bid {Solicitation}; the Vendor's {Bidder's} Technical Quote should clearly demonstrate, the Firm's Ability to Complete all tasks specified within the Scope of Work; an award will be made in accordance with Section 6.7 of this Bid Solicitation.

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.

The State of New Jersey (State) intends to extend the Blanket P.O. awarded to the Division's Cooperative Purchasing Program participants. These participants include quasi-State entities, counties, municipalities, school districts, volunteer fire departments, first aid squads, independent institutions of higher learning, County colleges, and State colleges. In order for the State Blanket P.O. to be extended to Cooperative Purchasing Program participants, the Vendor {Bidder} must agree to the extension by executing the Cooperative Purchase Form. Also refer to Section 4.4.6 of this Bid Solicitation. Although the State, with the consent of the Vendor(s) {Bidder(s)}, may make use of any Blanket P.O. resulting from this Bid Solicitation available to non-State Agencies, the State makes no representation as to the acceptability of any State Bid Solicitation terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation.

BACKGROUND

This is a reprocurement of the services provided under the FINGERPRINT SERVICES: LIVESCAN NON-CRIMINAL VARIOUS STATE AGENCIES term Blanket P.O., presently due to expire on November 13, 2018. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T2905 at http://www.state.nj.us/treasury/purchase/pricelists.shtml and are cautioned that this new Bid Solicitation addresses current requirements.

All licensees, foster and adoptive parents, nonprofit youth organization volunteers, and employers (private and public) who must, by law, submit fingerprint based criminal history background checks for noncriminal justice purposes will utilize the services offered by the Vendor {Contractor}. These services will not include the fingerprinting of persons arrested criminally or incarcerated by New Jersey law enforcement authorities.

Agencies utilizing the contractor’s services include, but are not limited to:

A. NJ Bar Examiner;

B. NJ Department of Banking;

C. NJ Motor Vehicle Commission;

D. NJ Department of Human Services;

E. NJ Department of Health;

F. NJ Department of Consumer Affairs;

G. NJ State Police Volunteer Review Operations;

H. NJ Division of Alcohol Beverage Control;

I. NJ State Police Solid Hazardous Waste Unit;

J. NJ State Police Firearms Unit;

K. NJ Racing Commission;

L. NJ State Police Private Detective Unit;

M. NJ Department Children and Family;

N. NJ Department of Education;

O. NJ State Police Personal Record Request; and P. NJ Division of Gaming Enforcement.

For calendar year 2017, the following noncriminal applicant fingerprint submissions were processed:

A. Total noncriminal applicant fingerprints processed (403,219);

B. Archive submissions to NJSP (116,126); and C. Manual ink and roll fingerprint cards submitted to NJSP for processing (9,581).

The above noncriminal justice applicant fingerprint submission information for calendar year 2017 is provided for informational purposes only. The State does not guarantee any minimum or maximum number of applicant submissions for any calendar year of the contract.

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 of this Bid Solicitation. Bid Amendments 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 electronically through NJSTART.

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

Not applicable to this procurement.

PRE-QUOTE DOCUMENT REVIEW

Not applicable to this procurement.

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. The location in the Quote of any such designation should be clearly stated in a cover letter. 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. The State will not honor any attempt by a Vendor {Bidder} to designate its entire Quote and/or prices as proprietary, confidential and/or to claim copyright protection for its entire Quote. 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.

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.

RESERVED

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.

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

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.

1.1.1 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

CROSSWALK

GENERAL DEFINITIONS

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

STANDARD DEFINITIONS

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.

TECHNOLOGY SPECIFIC DEFINITIONS

These definitions apply only to the Ownership of Material and Performance Guarantee of Vendor {Contractor} outlined in Section 5.0 of this Bid Solicitation.

Acceptance – The written confirmation by the Using Agency that Vendor {Contractor} has completed a Deliverable according to the specified requirements.

Commercial Off the Shelf (COTS) – Software provided by Vendor {Contractor} that is intended for general use.

Custom Software – Software and Work Product that is developed by Vendor {Contractor} at the request of the Using Agency to meet the specific business requirements of the Using Agency and is intended for its use.

Customized Software – COTS that is adapted by Vendor {Contractor} to meet specific business requirements of the Using Agency that differ from the standard requirements of the base product.

Deliverable – Goods, products, Services and Work Product that Vendor {Contractor} is required to deliver to the State under the Blanket P.O.

Hardware – Includes computer equipment and any Software provided with the Hardware that is necessary for the Hardware to operate.

Services – Includes, without limitation (i) Information Technology (IT) professional services, (ii) Software and Hardware-related services, including without limitation, installation, configuration, and training, and (iii) Software and Hardware maintenance and support and/or Software and Hardware technical support services.

Software – Includes, without limitation, computer programs, source codes, routines, or subroutines supplied by Vendor {Contractor}, including operating software, programming aids, application programs, application programming interfaces and software products, and includes COTS, Customized Software and Custom Software, unless the context indicates otherwise.

State Intellectual Property – Any intellectual property that is owned by the State. State Intellectual Property includes any derivative works and compilations of any State Intellectual Property.

Third Party Intellectual Property – Any intellectual property owned by parties other than the State or Vendor {Contractor} and contained in or necessary for the use of the Deliverables. Third Party Intellectual Property includes COTS owned by Third Parties, and derivative works and compilations of any Third Party Intellectual Property.

Vendor {Contractor} Intellectual Property – Any intellectual property that is owned by Vendor {Contractor} and contained in or necessary for the use of the Deliverables or which the Vendor {Contractor} makes available for the State to use as part of the work under the Blanket P.O. Vendor {Contractor} Intellectual Property includes COTS or Customized Software owned by Vendor {Contractor}, Vendor’s {Contractor’s} technical documentation, and derivative works and compilations of any Vendor {Contractor} Intellectual Property.

Work Product – Every invention, modification, discovery, design, development, customization, configuration, improvement, process, Software program, work of authorship, documentation, formula, datum, technique, know how, secret, or intellectual property right whatsoever or any interest therein (whether patentable or not patentable or registerable under copyright or similar statutes or subject to analogous protection) that is specifically made, conceived, discovered, or reduced to practice by Vendor {Contractor} or Vendor’s {Contractor’s} subcontractors or a third party engaged by Vendor {Contractor} or its subcontractor pursuant to the Blanket P.O. Notwithstanding anything to the contrary in the preceding sentence, Work Product does not include State Intellectual Property, Vendor {Contractor} Intellectual Property or Third Party Intellectual Property.

BLANKET P.O.-SPECIFIC DEFINITIONS/ACRONYMS

ANSI – American National Standards Institute

AFIS – Automated Fingerprint Identification System

Bad Print Return (BPR) – Low quality fingerprint image transmission as determined by the NJ state AFIS and/or the federal Next Generation Identification (NGI) system.

CJIS – Criminal Justice Information Systems

Digital Document Validation – An automated document screening method used to authenticate and validate identification documents.

EBTS – (Electronic Biometric Transmission Specification) The FBI Criminal Justice Information Services Division system that provides a complete biometric and biographic profile of the subject records in its databases, the data includes multiple biometric modalities (e.g., fingerprints, palm print, facial, and iris).

EFTS – Electronic Fingerprint Transmission Specification

IQS – Image Quality Specifications

ITL – Information Technology Library

IAFIS – Integrated Automated Fingerprint Identification System

Originating Agency Identification (ORI) Number – A number issued by the FBI indicating originating agency. All state agencies have a unique number assigned by the FBI.

NIST – National Institute of Standards and Technology

NJSP – New Jersey State Police

Next Generation Identification (NGI) – The Federal Bureau of Investigation’s (FBI) federal biometric identification system that provides the criminal justice community with the world’s largest electronic repository of biometric and criminal history information.

Process Control Number (PCN) –A unique number generated by the live scan device assigned to each fingerprint transmission.

USCIS – United States Citizenship and Immigration Services

Wavelet Scalar Quantization (WSQ) – A compression algorithm used for grayscale fingerprint images.

SCOPE OF WORK

GENERAL

Overview of Scope of Work – TECHNICAL REQUIREMENTS

The Vendor {Contractor} shall obtain ten (10) rolled fingerprint images and four (4) flat images from noncriminal justice applicants for submittal to the NJSP and FBI.

Equipment Specifications

The Vendor’s {Contractor’s} live scan and related equipment shall transmit noncriminal justice applicant fingerprint submissions only and shall:

A. Be certified by the FBI as tested and in compliance with the FBI's Next Generation Identification (NGI) Image Quality Specifications (IQS). A copy may be found at: https://www.fbibiospecs.cjis.gov/Certifications ;

B. Be compliant with the Electronic Biometric Transmission Specification (EBTS), Version 10.0, NGI-DOC-01078-10.0. A copy may be found at: https://www.fbibiospecs.cjis.gov/EBTS/Approved ;

C. Capture and transmit electronic fingerprint images to the NJSP in accordance with the American National Standards Institute Data Format for the Interchange of Fingerprint, Facial and Other Biometric Information, ANSI/NIST-ITL 1-2011, November, 2011. A copy may be found at: https://www.fbibiospecs.cjis.gov/Home/BiometricSpecs ;

D. Contain quality assurance features which must provide the end user with a selectable threshold for image quality control and error checking to ensure capturing of quality images in the correct sequence;

E. Have preview capabilities, during the image capture process, so the live fingerprint image(s) and data can be displayed and edited during the capture process;

F. Transmit data for transport on the wide area network using a nonproprietary, open source, encryption methodology. When encryption is employed, the cryptographic module used shall be certified to meet the Federal Information Processing Standard 140-2 (FIPS 140-2) standards. A copy may be found at the following url: https://nvlpubs.nist.gov/nistpubs/fips/nist.fips.140-2.pdf; and G. Create and print live scan generated noncriminal justice manual hard cards for the applicant’s use.

Image Quality

The electronic fingerprint images captured shall be used to search against State and federal databases for identification purposes. As such, the Vendor {Contractor} shall submit high quality fingerprint images that meet or exceed State and Federal EBTS. The fingerprint images captured must be compressed using the FBI certified Wavelet Scalar Quantization (WSQ) compression algorithm at the FBI required maximum average compression ratio of 15:1. The image quality rejection rates shall be no more than 2% for all fingerprints submitted as part of this Blanket P.O. (includes manually converted fingerprints) as determined by the FBI.

Data Quality

A. The electronic data captured shall be used in conjunction with State and federal Criminal Justice Information Systems (CJIS) databases and searches. This data requires standardization; therefore, each live scan device shall contain built-in edit tables that are easily accessed and utilized by the live scan operator. Data entered into the live scan that conflicts with the correct standardized data in the edit tables shall prohibit transmission of the fingerprint data until it is corrected. Updates, additions, deletions, and modifications to attachments and edit tables shall be completed by the Vendor {Contractor} within 15 calendar days after the request of the State Contract Manager (SCM); and

B. The current version of the edit tables is included as Attachment A. The Vendor {Contractor} shall ensure data entered into the live scan device does not conflict with the standardized data in the edit tables. Otherwise, it will prohibit the transmission of the fingerprint data until corrected.

Live Scan Data Entry, STORAGE, anD TRANSMISSION

The following Sections 3.1.1.4.1 through 3.1.1.6 describes the data fields to be completed on the live scan device by the technician to generate the appropriate fingerprint card(s), including the local data storage and data transmission parameters . The accuracy and standardization of this data are necessary for the Vendor {Contractor} to have built-in edit capabilities on the live scan device.

Process Control Number (PCN)

The PCN shall be assigned by the live scan device. It shall consist of 12 characters and shall be used to track the transaction throughout the entire electronic process. The PCN shall consist of a four (4) digit number identifying the Vendor {Contractor}, a two (2) digit number identifying the live scan device, and six (6) digits assigned sequentially by the live scan device.

Transaction Type

The transaction type shall determine how this data will be handled by and processed through the NJ AFIS, the NJ Computerized Criminal History (CCH) and the federal NGI. Transaction types are applicant and applicant query.

Data Fields

Data fields shall be captured for State and federal fingerprint records in accordance with State and federal specifications.

Data Transmission & Storage

A. The Vendor {Contractor} shall transmit fingerprint images and associated demographic data in a controlled delay transmission, except with regard to mobile operations. When conducting mobile operations, the Vendor {Contractor} shall transmit all data from a centralized point to the NJSP. Fingerprints captured by the Vendor’s {Contractor’s} mobile operations shall be transmitted to NJSP within 48 hours. The Vendor {Contractor} shall then combine the mobile operations data with all other data and proceed as described below;

B. The Vendor {Contractor} shall be required to send delayed (throttled) data transmissions by a certain volume per hour, spread out over a 24 hour, seven (7) day period. The Vendor {Contractor} shall have to modify data transmission procedures when requested by the NJSP. The Vendor {Contractor} shall complete any changes to transmission procedures within 15 calendar days after request by the SCM. The Vendor’s {Contractor’s} transmissions to the FBI shall be in accordance with the standard for electronic interchange of fingerprint information, ANSI/NIST-ITL 1-2011, refer to the following url:

https://www.nist.gov/publications/data-format-interchange-fingerprint-facial-other-biometric-information-ansinist-itl-1-1 ;

C. All data collected and transmitted by the Vendor {Contractor} shall be archived by the Vendor {Contractor} immediately following transmission to the NJSP. All prior fingerprint submissions (Vendor {Contractor} collected live scan fingerprints, manual ink and roll fingerprint conversions, and agency-owned equipment fingerprint submissions) shall also be archived by the Vendor {Contractor}. The Vendor {Contractor} shall store the archived material until Blanket P.O. expiration.

D. The Vendor {Contractor} issued a Blanket P.O. as a result of this Bid Solicitation shall be required to retrieve and store all archived data from 2002 through the start of this Blanket P.O. from the State’s previous incumbent Vendor {Contractor}. The Vendor {Contractor} shall assure that the archived data is accessible to all appropriately credentialed LSS users.

E. Upon expiration of this Blanket P.O., the Vendor {Contractor} shall transfer archived data to the new vendor in a non-proprietary format within five (5) business days of the State’s request.

Reconciliation

The Vendor {Contractor} shall prepare a daily activity file that shall be used to reconcile data transmitted by the Vendor {Contractor} to NJSP. The file shall document all of the prior day’s activity at all fingerprint locations and be available daily by 8:00 AM ET. The Vendor {Contractor} shall transfer the file using IBM’s MQ Series or other software as approved as an equivalent by NJSP. The daily activity file shall contain the following fields:

Vendor {Contractor} Storage Reconciliation:

The Vendor {Contractor} storage reconciliation shall include the following:

A. PCN Number;

B. Applicant Last Name;

C. Applicant First Name;

D. Applicant Middle Initial;

E. Applicant Date of Birth;

F. Applicant Social Security Number (if provided);

G. Date Printed;

H. State Police Document Type;

I. State Police Category;

J. Agency Originating Requesting Identifier (ORI) Number;

K. Agency Case Number;

L. Fee Amount;

M. Applicant Address;

N. Applicant Driver’s License Number (when required);

O.…