Revised Bid Solicitation # 26DPP01204 T3009 – BPU Clean Energy Program Administration and Management Services

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

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

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

N/A

N/A

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

Dates are subject to change. All times contained in the Bid Solicitation refer to Eastern Time.

All changes will be reflected in Bid Amendments to the Bid Solicitation posted on www.njstart.gov.

SET-ASIDES

Small Business Set-Aside For Goods and Services:

☒ I ☒ II ☒ III

For Construction:

☐ IV ☐ V ☐ VI

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

☐ Entire Contract ☐ Partial Contract ☒ Subcontracting Only ☐ Preference

Bid Solicitation Issued By:

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

State of New Jersey Board of Public Utilities

Date: 6/18/26 9/22/2026

TABLE OF CONTENTS

ATTACHMENT 1 – State of New Jersey Combined Standard Terms and Conditions (6/3/2025) ATTACHMENT 2 – Standard Procurement Forms Packet ATTACHMENT 3 – State of New Jersey Due Diligence Third-Party Information Security Questionnaire ATTACHMENT 4 – State-Supplied Price Sheet ii

INTRODUCTION AND SUMMARY OF THE BID SOLICITATION

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

Bidders are strongly encouraged to visit the NJSTART Vendor Support Page, which contains Quick Reference Guides (QRGs), supporting videos, a glossary of NJSTART terms, and helpdesk contact information. Bidders should utilize the QRGs before attempting to submit a Quote through NJSTART. It is the Bidder’s responsibility to ensure that the Quote and attachments have been properly submitted. Inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov. The Division will not respond to substantive questions related to the Bid Solicitation or any other Contract via this email address.

PURPOSE AND INTENT

The purpose of this Bid Solicitation is to solicit Quotes through a publicly advertised procurement to engage a Contractor to serve as Program Administrator to manage New Jersey’s Clean Energy Program (“NJCEP”), a suite of statewide Energy Efficiency (“EE”) and Renewable Energy (“RE”) Programs that are available to customers in each of the service territories of New Jersey’s seven (7) investor-owned natural gas and electric utilities: Atlantic City Electric Company, Elizabethtown Gas Company, Jersey Central Power & Light, New Jersey Natural Gas, Public Service Electric and Gas, Rockland Electric Company, South Jersey Gas.

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

This is a Contract with set-aside subcontracting goals for New Jersey Small Business Enterprises and Disabled Veterans’ Businesses. Please refer to Bid Solicitation Section 3.13.8.1 - Small Business and/or Disabled Veterans’ Business Subcontracting Set-Aside.

The State of New Jersey Standard Terms and Conditions (SSTC), included with this Bid Solicitation, apply to all Contracts made with the State. The SSTC shall be read in conjunction with the terms and conditions set forth in this Bid Solicitation unless the Bid Solicitation specifically indicates otherwise.

BACKGROUND

This is a re-procurement of the services under Program Administration and Management Services, New Jersey Clean Energy Program. Bidders interested in reviewing the expired Contract’s specifications and pricing information may do so by following the instructions below. Bidders should not rely upon or use data or information from the expiring Contract when preparing a response to this Bid Solicitation as this Bid Solicitation addresses the State’s current requirements.

· Go to: www.njstart.gov

· Select “Advanced” at the top of the screen to access the advanced search feature;

· Select “Contracts” from the Document Type drop down menu;

· Check the “Include Expired” box;

· Enter “T3009” in the “Description” field and click “Search”

• The expired Contract will appear under “Results” The Clean Energy Act of 2018, N.J.S.A. 48:3-87, et seq., (CEA), requires the BPU to consider the means of promoting EE, solar, battery storage, and other elements in the overall Clean Energy markets in the State.

The Electric Discount and Energy Competition Act, N.J.S.A. 48:3-49 et seq. (EDECA), guided by the State’s Energy Master Plan (EMP) and the CEA, provide programmatic goals for the NJCEP. The BPU, through an annual stakeholder process led by the Division of Clean Energy (DCE), develops program objectives based upon those goals. The program objectives are presented to the Board in the form of NJCEP Compliance Filings, and if approved by the Board, are contained in an annual Board Clean Energy Program budget order.

The goals of the EE and RE programs, as set forth in EDECA, are to reduce market barriers and transform the market, have environmental benefits over and above those of existing standard offer programs, make energy services more affordable for low-income customers, and eliminate subsidies for programs that can be delivered into the market without Societal Benefits Charge (“SBC”) funding. For example, the NJ Comfort Partners Program (www.njcleanenergy.com/cp), which is designed to serve low-income customers, is available to any NJ household with significant energy use, having an income at or below 250% of the federal poverty guidelines.

In BPU Docket Numbers QO23030150, QO17091004, and QO19010040, the Board, via orders dated May 24, 2023, July 26, 2023, and October 25, 2023 (collectively, “Triennium 2 Board Orders”), established the regulatory framework for the second three-year program cycle (Triennium 2) of Energy Efficiency programs to be implemented by the electric public utility companies and gas public utility companies (collectively, “Utilities”) in the State. The Triennium 2 Board Orders distinguished between Utility-led programs and State-led programs. It is under this rubric that the NJCEP will move forward with this Bid Solicitation. BPU dockets can be searched and located at https://publicaccess.bpu.state.nj.us/Search.aspx.

Additionally, the CEA directed the Board to close the Solar Renewable Energy Certificate (SREC) program to new applications, and develop a new solar incentive program to continue solar market development in a more cost-effective manner (N.J.S.A. 48:3-87(d)(3)). On April 30, 2020, the Board closed the SREC Registration Program (SRP) and approved an interim Transition Incentive Program (TI) to motivate new solar construction until the establishment of a successor incentive program. Pursuant to the CEA and the Solar Act of 2021, N.J.S.A. 48:3-114 et al. (Solar Act of 2021), on July 28, 2021, the Board issued an order creating the Successor Solar Incentive Program (SuSI) as the new framework for incentivizing new solar resources [BPU Docket No. QO20020184, Order dated July 28, 2021 (“July 2021 Order”)]. The Solar Act of 2021 can be located at https://pub.njleg.gov/bills/2020/PL21/169_.HTM. The SuSI Program contained two sub-programs: (1) the Administratively Determined Incentive Program (ADI), and (2) the Competitive Solar Incentive Program (CSI). The July 2021 Order further required the State’s Electric Distribution Companies (EDCs) to procure the services of an SREC-II Administrator to process payments to owners of certified solar registrants, and facilitate the retirement of SREC-IIs for use in the State’s Renewable Portfolio Standards (RPS). The TI Program closed for all new applicants on August 27, 2021. The SuSI Program opened on August 28, 2021. All new SuSI Program applicants will apply under the SuSI Program’s ADI Program or CSI Program, as appropriate. Although the TI Program portal is closed to new applicants, it will remain open for existing applicants that were accepted into the TI Program to record completion of construction, to demonstrate permission to operate from the applicable EDC, and to submit post-construction certification materials before their expiration date.

On August 16, 2023, the Board established the permanent Community Solar Energy Program (“CSEP”) which incorporated many of the lessons learned from the prior pilot program years. The CSEP enables New Jersey electric utility customers to participate in a solar energy project that may be remotely located from their properties and receive a credit on their utility bills. CSEP enables access to Clean Energy generation for utility customers currently unable to place solar generation direct on their own properties.

On October 23, 2024, the Board established the Dual-Use Solar Energy Pilot Program, pursuant to N.J.S.A. 48:3-87.13(a), for solar energy projects located on unpreserved farmland while maintaining the affected land in active agricultural and horticultural use. The Dual-Use Solar Energy Pilot Program will facilitate the installation and operation of up to 200 MW of solar over three years and will serve as the basis to develop a permanent program as part of the SuSI Program. A proposed program framework, being finalized through the public rulemaking process, is anticipated to result in BPU staff recommendations to the Board for making individual project awards and establishing incentive amounts as specified within BPU Docket No. QO23090679.

Pursuant to the Remote Net Metering Program, N.J.S.A. 48:3-87.12(a), the Board must establish an application and approval process for remote net metered solar energy projects serving public entities. On December 18, 2024, the Board launched the revised Remote Net Metering Program. Projects up to 5 MW in size may participate in the Remote Net Metering Program which has a goal to install 50 MW per year within the ADI Program (BPU Docket No. QO24070554).

More detailed information on EDECA, Board Orders, regulations, the EMP, and the existing suite of programs offered through NJCEP are available through the BPU website (http://www.bpu.state.nj.us/) and the NJCEP website (cleanenergy.nj.gov).

Collectively, this information includes, but is not limited to, the following elements:

A. Historical information on the creation of programs;

B. Narrative descriptions of the programs;

C. Program participation data;

D. Program funding histories;

E. Program costs and energy savings information; and F. Hyperlinks to source documents.

The BPU has identified the following overarching goals to be achieved through the Contract resulting from this Bid Solicitation:

A. Transition administration of NJCEP from the previous NJCEP Program Administrator (PA). This may include, but is not limited to, the following:

1. Transitioning existing processes and procedures for NJCEP financial management;

2. Processing, budgeting, and reporting of applications and invoices;

3. Transferring NJCEP data and pending NJCEP applications;

4. Transitioning outreach/communication and NJCEP call centers; and

5. Other aspects of program support.

B. Streamline the administrative process of development, implementation, delivery, and evaluation of all State-led programs and initiatives under the NJCEP at the lowest reasonable cost compared to those historically experienced by the program;

C. Coordinate program delivery with Utility-led initiatives, as applicable;

D. Improve the level of energy savings; level of evaluation, measurement, and verification (EM&V); and overall performance of NJCEP programs;

E. Increase the value of NJ’s Clean Energy economy, including jobs and supply chain; and F. Where appropriate, transition NJCEP programs from reliance on the SBC through Market Development and continued support, trending towards programs that can stand on their own at parity to other options.

CONTRACT AMOUNT

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

ORDER OF PRECEDENCE OF CONTRACTUAL TERMS

The Contract awarded, and the entire agreement between the parties, as a result of this Bid Solicitation shall consist of: (1) the final Bid Solicitation, (2) the State of New Jersey Standard Terms and Conditions, (3) the Quote, and if applicable (4) any Bidder responses to clarifications; (5) a Bidder’s Best and Final Offer, (6) other negotiated document, and/or (7) third party document. In the event of a conflict in the terms and conditions among the documents comprising this Contract, the order of precedence, for purposes of interpretation thereof, shall be as listed from highest ranking to lowest ranking as noted above.

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

INTRASTATE COOPERATIVE PURCHASING

The State may extend the Contract(s) awarded to the State's Intrastate Cooperative Purchasing Participants after Contract award. Although the State may make use of any Contract resulting from this Bid Solicitation available to Intrastate Cooperative Purchasing Participants, the State makes no representation as to the acceptability of the Bid Solicitation’s terms and conditions to any Intrastate Cooperative Purchasing Participants.

PRE-QUOTE SUBMISSION INFORMATION

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

ELECTRONIC QUESTION AND ANSWER PERIOD

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

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

A Bidder shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation, prior to Contract award.

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

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

BID AMENDMENTS

In the event that it becomes necessary to clarify or revise this Bid Solicitation, such clarification or revision will be by Bid Amendment. Any Bid Amendment will become part of this Bid Solicitation and part of any Contract awarded. Bid Amendments will be posted as a file attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date.

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

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

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

OPTIONAL PRE-QUOTE CONFERENCE

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

https://teams.microsoft.com/meet/285368898559680?p=5qLdB4fSO4KmJUGz2n To call in, audio only, to the optional Pre-Quote Conference:

United States: +1 856-338-7074 Phone Conference ID: 378 945 391# The Optional Pre-Quote Conference may be recorded.

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

PRE-QUOTE DOCUMENT REVIEW

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

A. New Jersey Board of Public Utilities, 2019 New Jersey Energy Master Plan: Pathway to 2050, https://nj.gov/bpu/pdf/publicnotice/NJBPU_EMP.pdf (“2019 New Jersey EMP”);

B. The Solar Act of 2021 located at P.L. 2021, c.169 (A4554 ACS);

C. NJCEP Program Compliance Filing: Program Plans and Budgets;

D. NJCEP Program Guidelines;

E. NJCEP Program Evaluations;

F. Statutes and regulations governing EE, Resource Adequacy, Solar, Community Solar, and the Energy Savings Improvement Program (ESIP);

G. EE Triennium 1 Framework Board Order;

H. EE Triennium 2 Framework Orders May 24, 2023 Board Order, July 26, 2023 Board Order and October 25, 2023 Board Order;

I. 2019 New Jersey EMP;

J. NJCEP contractor remediation procedures;

K. Solar Transition Proceeding Documents;

L. Semi-Annual Compilation Reports;

M. Annual American Council for an EE Economy Report;

N. Annual Energy Information Administration (EIA) Report;

O. Annual Regional Energy Efficiency Database Report;

P. Annual Northeast Energy Efficiency Partnerships (NEEP) Report;

Q. Annual Tracking of the Sun Report;

R. Solar Activity Reports | NJ OCE Web Site;

S. NJ Office of Information Technology’s System Architecture Review;

T. NJ Statewide Information Security Manual at https://www.cyber.nj.gov/grants-and-resources/state-resources/statewide-information-security-manual-sism; https://www.cyber.nj.gov/home/showpublisheddocument/1021/638767859725630000 U. NJ Web Presence Guidelines;

V. Web Content Accessibility Guidelines (WCAG);

W. 21st Century Integrated Digital Experience Act;

X. Project Management Institute (PMI) standards;

Y. NJ Geospatial Data Standards;

Z. Geographic Information System;

AA. Accounting principles defined by the Governmental Accounting Standards Board;

AB. Accounting principles defined by the Financial Accounting Standards Board;

AC. Network security standards set forth by the National Institute of Standards and Technology, including those located at http://web.nvd.nist.gov/view/ncp/repository; and AD. Evaluation Reports, Market Analysis, Baseline Reports and TRMs.

QUOTE SUBMISSION REQUIREMENTS

QUOTE SUBMISSION

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

The date and time of the Quote opening are indicated on the Bid Solicitation cover sheet and on the “Summary” Tab of the Bid Solicitation webpage within NJSTART. If the Quote opening deadline has been revised, the new Quote opening deadline will be shown on the posted Bid Amendment and on the “Summary” Tab of the Bid Solicitation webpage within NJSTART. Quotes not received prior to the Quote opening deadline shall be rejected.

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

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

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

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

BIDDER RESPONSIBILITY

The Bidder assumes sole responsibility for the complete effort required in submitting a Quote in response to this Bid Solicitation. No special consideration will be given after Quotes are opened because of a Bidder’s failure to be knowledgeable as to all of the requirements of this Bid Solicitation. The State assumes no responsibility and bears no liability for costs incurred by a Bidder in the preparation and submittal of a Quote in response to this Bid Solicitation or any pre-contract award costs incurred.

ANNOUNCEMENT OF QUOTE INFORMATION

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

A. Information appropriately designated as proprietary and/or confidential in a Bidder’s Quote shall not be available for inspection and copying; and B. Where negotiation is contemplated, only the names and addresses of the Bidders submitting Quotes will be announced, and the contents of the Quotes shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

QUOTE ERRORS

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

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

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

QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO CONTRACT AWARD

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

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

If, during a Quote evaluation process, an obvious pricing error made by a potential Contract awardee is found, the Director or his/her designee shall issue written notice to the Bidder. The Bidder will have up to five (5) Business Days after receipt of the notice to confirm its pricing. If the Bidder fails to respond, its Quote shall be considered withdrawn, and no further consideration shall be given to it.

JOINT VENTURE

If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance Page. Each party to the Joint Venture must individually complete and comply with all the forms and certification requirements in Bid Solicitation Section 3 – Quote Submission Requirements.

SMALL BUSINESS SET-ASIDE CONTRACTS

Not applicable to this procurement.

DISABLED VETERANS’ BUSINESS SET-ASIDE CONTRACT

Not applicable to this procurement.

BID SECURITY

Not applicable to this procurement.

BIDDER ADDITIONAL TERMS SUBMITTED WITH THE QUOTE

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

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

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

QUOTE CONTENT

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

· Forms

· Technical Quote

· State-Supplied Price Sheet

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

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

FORMS, REGISTRATIONS AND CERTIFICATIONS TO BE SUBMITTED WITH QUOTE

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

3.13.1 OFFER AND ACCEPTANCE PAGE

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

3.13.2 OWNERSHIP DISCLOSURE FORM

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

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

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

3.13.3 DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

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

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

3.13.4 DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER FORM

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

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

3.13.5 MACBRIDE PRINCIPLES FORM

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

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

3.13.6 SERVICE PERFORMANCE WITHIN THE UNITED STATES

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

3.13.7 CONFIDENTIALITY/COMMITMENT TO DEFEND

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

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

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

When the Bid Solicitation contains a negotiation component, the Quote will not be subject to public disclosure until a notice of intent to award a Contract is announced.

As part of its Quote, a Bidder may request that portions of the Quote be exempt from public disclosure under OPRA and/or the common law. The Bidder must provide a detailed statement clearly identifying those sections of the Quote that it claims are exempt from production, and the legal and factual basis that supports said exemption(s) as a matter of law. The State will not honor any attempts by a Bidder to designate its State-Supplied Price Sheet, Price List/Catalog, and/or the entire Quote as proprietary and/or confidential, and/or to claim copyright protection for its entire Quote. If the State does not agree with a Bidder’s designation of proprietary and/or confidential information, the State will use commercially reasonable efforts to advise the Bidder. Copyright law does not prohibit access to a record which is otherwise available under OPRA.

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

In the event of any challenge to the Bidder’s assertion of confidentiality that is contrary to the State’s determination of confidentiality, the Bidder shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Bidder. The State assumes no such responsibility or liability.

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

3.13.8 SUBCONTRACTOR UTILIZATION PLAN

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

For a Quote that does NOT include the use of any Subcontractors, the Bidder is automatically certifying that, if selected for an award, the Bidder will be performing all work required by the Contract.

If it becomes necessary for the Contractor to substitute a Subcontractor, add a Subcontractor, or substitute its own staff for a Subcontractor, the Contractor will identify the proposed new Subcontractor or staff member(s) and the work to be performed. The Contractor shall forward a written request to substitute or add a Subcontractor or to substitute its own staff for a Subcontractor to the State Contract Manager for consideration. The Contractor must provide a completed Subcontractor Utilization Plan, a detailed justification documenting the necessity for the substitution or addition, and resumes of its proposed replacement staff or of the proposed Subcontractor’s management, supervisory, and other key personnel that demonstrate knowledge, ability and experience relevant to that part of the work which the Subcontractor is to undertake. The qualifications and experience of the replacement(s) must equal or exceed those of similar personnel proposed by the Contractor in its Quote. The State Contract Manager will forward the request to the Director for approval.

NOTE: No substituted or additional Subcontractors are authorized to begin work until the Contractor has received written approval from the Director.

3.13.8.1 SMALL BUSINESS AND/OR DISABLED VETERANS’ BUSINESS SUBCONTRACTING SET-ASIDE CONTRACT This is a Contract with set-aside subcontracting for New Jersey Small Business Enterprises and/or Disabled Veterans’ Business.

If the Bidder intends to subcontract, it must submit a Subcontractor Utilization Plan and shall take the following actions to make a good faith effort to solicit and hire eligible New Jersey Small Business Enterprises and/or Disabled Veterans’ Businesses:

A. The Bidder shall attempt to locate qualified potential New Jersey Small Business Enterprises and/or Disabled Veterans’ Business Subcontractors;

B. The Bidder shall request a listing of New Jersey Small Business Enterprises and/or Disabled Veterans’ Businesses from the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit through SAVI (NJSAVI Dataset Story | NJOIT Open Data Center) if none are known to the Bidder;

C. The Bidder shall keep a record of its efforts, including the names of businesses contacted and the means and results of such contacts;

D. The Bidder shall provide all potential Subcontractors with detailed information regarding the specifications; and E. The Bidder shall attempt, wherever possible, to negotiate prices with potential Subcontractors submitting higher than acceptable price quotes.

A Bidder’s failure to satisfy New Jersey Small Business Enterprises and/or Disabled Veterans’ Business set-aside subcontracting or to provide sufficient documentation of its good faith efforts within seven (7) Business Days of a request may preclude award of a Contract to the Bidder.

Each Bidder awarded a Contract which contains the set-aside subcontracting requirement shall fully cooperate in any studies or surveys which may be conducted by the State to determine the extent of the Bidder’s compliance with N.J.A.C. 17:13-1.1 et seq., and this Bid Solicitation.

3.13.9 RESERVED

Not applicable to this procurement.

3.13.10 AFFIRMATIVE ACTION

The intended Contractor and its named Subcontractor(s) must submit a copy of a New Jersey Certificate of Employee Information Report, or a copy of Federal Letter of Approval verifying it is operating under a federally approved or sanctioned Affirmative Action program. If the Contractor and/or its named Subcontractor(s) are not in possession of either a New Jersey Certificate of Employee Information Report or a Federal Letter of Approval, it/they must complete and submit the Affirmative Action Employee Information Report (AA-302). Information, instruction and the application are available at https://www.state.nj.us/treasury/contract_compliance/index.shtml.

3.13.11 RESERVED

3.13.12 STATE OF NEW JERSEY SECURITY DUE DILIGENCE THIRD-PARTY INFORMATION SECURITY QUESTIONNAIRE The Bidder should complete and submit the State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire (Questionnaire) with its Quote. If a Bidder does not submit the completed Questionnaire with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request or the State may deem the Quote non-responsive.

This Questionnaire is designed to provide the State with an overview of the Bidder’s security and privacy controls to ensure that the Bidder will (1) meet the State of New Jersey’s objectives as outlined and documented in the Statewide Information Security Manual; and (2) comply with the State’s security requirements as outlined in Section 6 – Data Security Requirements – Contractor Responsibility. The State reserves the right to remove a Bidder from consideration of Contract award if the State determines that the Bidder’s Questionnaire failed to sufficiently convey that the Bidder’s security and privacy controls meet the State’s requirements.

The State has executed a Confidentiality/Non-Disclosure Agreement which is attached to the Questionnaire. The Bidder should countersign the Confidentiality/Non-Disclosure Agreement and include it with its submitted Questionnaire. If a Bidder does not submit the signed Confidentiality/Non-Disclosure Agreement with the Questionnaire, the Bidder must comply within seven (7) Business Days of the State’s request or the State may deem the Quote non-responsive. No amendments to Confidentiality/Non-Disclosure Agreement are permitted.

To the extent permissible under OPRA, the New Jersey common law right to know, and any other lawful document request or subpoena, the completed Questionnaire and supplemental documentation provided by the Bidder will be kept confidential and not shared with the public or other Bidders.

3.13.13 BUSINESS REGISTRATION

In accordance with N.J.S.A. 52:32-44(b), a Bidder and its named Subcontractors must have a valid Business Registration Certificate (“BRC”) issued by the Department of the Treasury, Division of Revenue and Enterprise Services prior to the award of a Contract. A Bidder should verify its Business Registration Certification Active status on the “Maintain Terms and Categories” Tab within its profile in NJSTART.