T3103 Bid Amendment 3 120319.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

SHEILA Y. OLIVER

Lt. Governor

MAURICE A. GRIFFIN

Acting Director https://www.njstart.gov

December 3, 2019

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 20DPP00444 T3107 Chapter 32 Arbitration Services-DOBI

Quote Submission Due Date: January 8, 2020 (2:00 p.m. Eastern Time)

Bid Amendment #3

The following constitutes Bid Amendment #3 to the above referenced Bid Solicitation:

· This Bid Amendment includes answers to the second round of Vendor {Bidder} questions.

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, refer to the Revised Bid Solicitation entitled “T3107 Revised Bid Solicitation 120319”.

· “T3107 Revised Bid Solicitation 120319” includes revisions to the following Bid Solicitation Sections:

· Bid Solicitation Section 3.13.6 Privacy;

· #6 Data Breach (Bullet b); and

· #8 End of Blanket P.O. Data Handling (Bullet b).

It is the sole responsibility of the Vendor {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 #20DPP00444 T3107 Chapter 32 Arbitration Services-DOBI

Answers to Questions

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

Section Reference Question (Bolded) and Answer

Please be advised that Bid Solicitation 20DPP00444 is a new procurement and addresses different requirements; therefore responses that were provided in response to Bid Solicitation 09-X-20626 T1803-Alternate Dispute Resolution Services for the New Jersey Department of Banking & Insurance, Personal Injury Protection (PIP) are not applicable to this procurement. If the individual attorneys and judges are retained as employees of the Vendor {Contractor}, then they are not considered Subcontractors. If the attorneys and judges are not employees, then they are Subcontractors and both the Vendor {Contractor} and the Subcontractor need to complete all required forms and other paperwork. The State cannot offer the Vendor {Bidder} legal advice about the difference between employees and Subcontractors. It is recommended that the Vendor {Bidder} consult with its own attorneys regarding the issue. Regardless of whether the individuals retained by the Vendor {Contractor} are employees or Subcontractors, the State will not pay them directly, they will be paid through the Vendor {Contractor}.

2) The Division responded in 2009 by reference, Yes. Dispute Resolution Professional would not be considered subcontractors. Moreover, the required Subcontractor Utilization Form accommodates entry of businesses but not of individual persons. The Form states "List All Businesses To Be Used As Subcontractors" and includes a blank for Federal Employer Identification Number (FEIN) data, for example. Does the DOBIs historical position that retained individual attorneys and judges within the PIP arbitration program are not subcontractors (and not subject to subcontractor setback requirements) apply to similarly retained ONET arbitrators?

As stated above, answers to questions about a different procurement should not be relied upon for this procurement. Therefore, responses given in 2009 are not applicable to this procurement. If the retained individuals (attorneys, judges, medical professionals, etc.) are employed by the Vendor {Contactor} then they are not considered Subcontractors. If they are NOT employed by the Vendor {Contractor} they would be considered Subcontractors. Please be advised that if the Vendor {Bidder} intends to engage one or more Subcontractors to provide any portion of the scope of work, the Vendor {Bidder} must submit a Subcontractor Utilization Form. Please refer to Bid Amendment #2 entitled “T3107 Bid Amendment #2 100919” for additional information.

3) If yes, would the same rationale apply to an individual independent physician retained as a Medical Director?

Please refer the response provided above, for part two (2) of this question.

The following document is included as an attachment to this Bid Solicitation:

T3107 Revised Bid Solicitation 120319 New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper image1.png