T3137 Q and A Bid Amendment 10.10.23~3.docx

PHILIP D. MURPHY

Governor State of New Jersey

DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE AND PROPERTY

PROCUREMENT BUREAU

33 WEST STATE STREET

P. O. BOX 230

TRENTON, NEW JERSEY 08625-0230

ELIZABETH MAHER MUOIO

State Treasurer

TAHESHA L. WAY

Lt. Governor

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

October 10, 2023

To: All Interested Bidders

Re: Bid Solicitation # 22DPP00778 T3137 Rehabilitation Therapy Services:

Occupational, Physical, and Speech Language Pathologies

Quote Submission Due Date: October 24, 2023 (2:00 p.m. Eastern Time) Revised Quote Submission Due Date: October 31, 2023 (2:00 p.m. Eastern Time)

Bid Amendment #6

The following constitutes Bid Amendment #6 to the above referenced Bid Solicitation:

· This Bid Amendment includes:

· Extension of the Quote Submission due date from October 24, 2023 to October 31, 2023;

· Answers to questions;

· Revisions to the Bid Solicitation;

· The updated State of New Jersey Standard Terms and Conditions (SSTC) titled “State of New Jersey Standard Terms and Conditions 6.21.2023” has been added to the Bid Solicitation via the Attachments tab of this Bid Solicitation in NJSTART, replacing the previous version of the SSTCs dated 9.1.2022;

· A updated forms packet titled “T3137 Attachment 2 Standard Procurement Forms Packet 10.03.23” has been updated on the Attachments tab of this Bid Solicitation in NJSTART, replacing the previous version;

· The Revised State-Supplied Price Sheet titled “T3137 Revised State-Supplied Price Sheet 10.10.23” has been added to the Bid Solicitation via the Attachments tab of this Bid Solicitation in NJSTART; hereafter referred to in this document as the “Revised State-Supplied Price Sheet”. Bidders must submit the Revised State-Supplied Price Sheet as part of the Quote; and

· “T3137 Attachment 4 - Rehab Therapy Minutes (State Term) 10.10.23” has been added as an attachment to the Bid Solicitation via the Attachments tab of this Bid Solicitation in NJSTART.

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation entitled “T3137 Revised Bid Solicitation 10.10.23”, and hereafter referred to in this document as the “Revised Bid Solicitation”. The additions, deletions, and/or revisions to the following Revised Bid Solicitation Sections are as followed:

· 3.12 Quote Content – revised;

· 3.13.9 Pay to Play Prohibitions – deleted;

· 3.21 Experience with Contracts of Similar Size and Scope – revised;

· 3.23 State-Supplied Price Sheet Instructions – revised;

· 4.1 Overview – revised;

· 4.3 Staffing Requirements – revised;

· 4.5 Scheduling – revised;

· 4.8.1 Restorative Nursing Services – revised;

· 4.9.1 Software – added;

· 8.16 Contract Award – revised;

· 9 Glossary – revised; and

· 9.1 Contract – Specific Glossary – revised;

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

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

Bid Solicitation #22DPP00778 T3137 Rehabilitation Therapy Services:

Occupational, Physical, and Speech Language Pathologies

Answers to Questions

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

Section Reference Question (Bolded) and Answer

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

Please be advised that all Quotes shall be submitted electronically through NJSTART. Bidders may refer to the Vendor Registration and Submit a Quote Quick Reference Guides for instructions on how to enroll in NJSTART and how to submit an electronic Quote through NJSTART. The Quick Reference Guide entitled Submit a Quote is available here: https://www.state.nj.us/treasury/purchase/njstart/pdf/Create-a-Quote.pdf.

Additionally, to ensure that you have properly submitted the required documents you may also review the Quick Reference Guide entitled How to Review a Submitted Quote which is available here: https://www.state.nj.us/treasury/purchase/njstart/pdf/HowtoReviewaSubmittedQuote.pdf. Answers to Frequently asked Questions and all Quick Reference Guides are located on the NJSTART Vendor Support Page. If further assistance is needed, please email NJSTART Vendor Administration Team at: njstart@treas.nj.gov

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As stated in Revised Bid Solicitation Section 2.2 - Exceptions to the State of NJ Standard Terms and Conditions (SSTC): “Questions regarding the State of New Jersey Standard Terms and Conditions and exceptions to mandatory requirements MUST be posed during the Electronic Question and Answer period and shall contain the Bidder’s suggested changes and the reason(s) for the suggested change(s)".

Additionally, as stated in Revised Bid Solicitation Section 3.11 - 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.”

Please refer to the table below for available census and capacity information:

Number of Residents per Month

The Division cannot provide information on Service Connected residents.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

This information is not available. Refer to the answer to Question #5 for available information related to census and capacity information.

Below are the current rates from the current DMAVA waiver of advertisement contract:

Medicare A Price Comparison- Patient Driven Payment Model (PDPM) Physical Therapy & Occupational Therapy Classification Groups – 25% Speech–language pathology Classification Groups - 25%

Medicare B Comparison – Percentage of the Multiple Procedure Payment Reduction (MPPR) rates Physical Therapy - 67% Occupational Therapy -67% Speech Therapy – 67%

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

Paramus:

· One (1) full time Speech Therapist (ST);

· Two (2) full time Physical Therapist (PT) and one (1) full time Physical Therapy Assistant;

· One (1) full time Occupational Therapist (OT); and

· One (1) Registered Nurse (RN) and four 4 Restorative Aides.

Vineland:

· One (1) Physical Therapist and two (2) Physical Therapy Assistants;

· One (1) Occupational Therapist and one (1) Occupational Therapy Assistants;

· Three (3) Speech and Language Pathologists; and

· One (1) Registered Nurse (RN) and four (4) Restorative Aides.

Menlo Park:

· One (1) full time Physical Therapist and two (2) full time Physical Therapy Assistant;

· Two (2) full time Occupational Therapists and one (1) Certified Occupational Therapy Assistant;

· One (1) Speech Therapist; and

· One (1) Registered Nurse (RN) and four (4) Restorative Aides.

Respiratory therapy services are not currently provided at each Home.

Each Home uses a manual medical record system, but are currently in the process of transitioning to Experience Care.

Please refer to Revised Bid Solicitation Section 4.9.1, Software, as this section has been revised.

This is a new procurement. Please refer to Question #7 for current waiver contract rates.

Please reference “T3137 Attachment 4 - Rehab Therapy Minutes (State Term) 10.10.23” for 2022 therapy minutes.

Please see below for the current utilization for each Home:

· Approximately 95% of residents are traditional Medicare, Part A and Part B; and

· Approximately 5% of residents are Manage Care (Please note that Manage Care companies vary).

Contract award will be made with reasonable promptness by written notice to that responsible Bidder, whose Quote, conforming to this Bid Solicitation, is most advantageous to the State, price, and other factors considered. Any or all Quotes may be rejected when the State Treasurer or the Director determines that it is in the public interest to do so. Contract awards will be publicly posted under the relevant contract number and available on NJSTART.

The Contractor will be notified of the Contract effective date once the evaluation is completed and the intended awardee complies with the State’s statues and regulations.

The Bid Solicitation is a method of procurement for acquiring products or services on behalf of the State / Agency(s) based upon an identified need and or requirement. Potential Contractors submit proposals for the required products or services in response to a Bid Solicitation issued by the State or Agency. This method allows the State to receive and evaluate Quotes from Bidders, and award a Contract to the responsible Bidder whose Quote, conforming to the Bid Solicitation, is most advantageous to the State, price and other factors considered.

The current discipline for the Rehabilitation Directors at each Home is Occupational Therapy.

The Contractor will be responsible with providing the required staffing as set forth in the Bid Solicitation.

Below is the most recent census data from DMAVA Paramus:

The average census per month is 186 residents.

Vineland:

The average census per month is 214 residents.

Menlo Park:

The average census per month is 173 residents.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

Respiratory therapy services are not currently provided at each Home.

Please see the response to Question #12.

Paramus – Fiscal Year 2023:

1. The average number of Medicare Part A days are 130 per month;

2. The average Patient Driven Payment Model (PDPM) Rate is $832.00 per month;

3. The average number of Skilled Manage Care days are two (2) days per month;

4. Medicare Part B Billed – $89,922.63;

Medicare Part B Receipts – $32,176.09; and

5. Please see the response to Question #5.

Vineland – Fiscal Year 2023:

1. The average number of Medicare Part A days are 184 days per month;

2. The average PDPM Rate is $636.45 per month;

3. None;

4. Medicare Part B Billed – $114,000 per month;

Medicare Part B Receipts – $100,000 per month; and

5. Please see the response to Question #5.

Menlo Park - Fiscal Year 2023:

1. The average number of Medicare Part A days are 262 per month;

2. The average PDPM Rate is $687 per month;

3. The average number of Skilled Manage Care days are two (2) days per month;

4. Medicare B Billed – $150,328.22;

Medicare B Receipts – $70,000; and

5. Please see the response to Question #5.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

Please see the response to Question #7.

Please see the response to Question #8.

Please see the response to Question #8.

Each Home has one (1) Registered Nurse (RN) and four (4) Restorative Aides.

Please see the response to Question #8 for more staffing information.

Please see the response to Question #8.

Paramus:

For Fiscal Year 2021, the estimated total annual expenditure is $876,549.14.

For Fiscal Year 2022, the estimated total annual expenditure is $1,096,250.54.

Vineland:

For Fiscal Year 2021, the estimated total annual expenditure is $1,062,903.

For Fiscal Year 2022, the estimated total annual expenditure is $1,028,477.

Menlo Park:

For Fiscal Year 2021, the estimated total annual expenditure is $957,190.17.

For Fiscal Year 2022, the estimated total annual expenditure is $1,045,705.94.

Bidders are advised that spend may vary throughout the Contract term resulting from this Bid Solicitation. There is no guaranteed minimum or maximum volume for this Bid Solicitation.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

Please see the response to Question #5.

At each Home, there are very minimal Additional Development Requests (ADRs) and Denials received, approximately one (1) to two (2) per month.

As part of the question and answer period for this Bid Solicitation, the State declines to answer any questions related to any ongoing probes or audits.

Each Home measures the performance of the therapy provider by resident Quality Management, PDPM reimbursement, and resident satisfaction.

The question calls for a subjective response which the State is unable to answer during this Question and Answer period.

Paramus:

Total Physical Therapy Patients:41 Total Occupational Therapy Patients:56 Total Speech Therapy Patients: 20 Total Restorative Nursing Patients: 77

Vineland:

Total Physical Therapy Patients: 50 Total Occupational Therapy Patients: 32 Total Speech Therapy Patients: 33 Total Restorative Nursing Patients: 75

Menlo Park:

Total Physical Therapy Patients: 49 Total Occupational Therapy Patients: 40 Total Speech Therapy Patients: 22 Total Restorative Nursing Patients: 62

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

The State is unable to provide the information as requested.

The State utilizes a broad spectrum of consultants for various services which may be used from time to time for various State Agencies.

The receipts for each Home for 2022 are listed below:

Paramus (based on Calendar Year):

Medicare Part A - $1,127,277.72 Medicare Part B - $ 1,276,842.70

Vineland(based on Fiscal year):

Medicare Part A - $ 1,500,000;

Medicare Part B - $1,200,000;

Menlo Park (based on Fiscal Year): :

Medicare Part A is $1,617,792.26 Medicare Part B is $831,456.87

The Division cannot provide information on Service Connected as requested.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

Please see the response to Question #5.

Please see the response to Question #7 for current rates.

Unless specified otherwise, the data provided as part of this Bid Amendment is meant to be informational in nature, and the State makes no representations or guarantee as to such data during any contract term, including any extension(s) thereof.

Bidders should not rely upon or use data or information from previous contracts when preparing a response to this Bid Solicitation as this Bid Solicitation addresses the State’s current requirements.

Please see the response to Question #8

The residents do not have Medicaid in any of the Homes.

The State declines to provide the information as requested.

No. As long as it can be confirmed by the State that the Bidder was in attendance for the Mandatory Site Visits, then the Bidder is not disqualified from submitting a Quote.

In accordance with Revised Bid Solicitation Section 3.13.7, Confidentiality/Commitment to Defend, “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.”

“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 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.”

State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire Are the security plan and security questionairre the same thing?

No.

In accordance with Revised Bid Solicitation Section 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, or must comply within seven (7) business days of the State’s request or the State may deem the Quote non-responsive.”

In accordance with Revised Bid Solicitation Section 6.1, Security Plan, “The Contractor shall submit a detailed Security Plan that addresses the Contractor’s approach to meeting each applicable security requirement outlined below, to the State, no later than thirty (30) calendar days after the award of the Contract.

State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire; Section 6.1 Security Plan Do both the security plan and security questionairre need to be submitted with quote or only after contract award?

In accordance with Revised Bid Solicitation Section 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, or must comply within seven (7) business days of the State’s request or the State may deem the Quote non-responsive.”

In accordance with Revised Bid Solicitation Section 6.1, Security Plan, “The Contractor shall submit a detailed Security Plan that addresses the Contractor’s approach to meeting each applicable security requirement outlined below, to the State, no later than thirty (30) calendar days after the award of the Contract.

There are no rehabilitation aides or rehabilitation technicians included in this Bid Solicitation. Please refer to Revised Bid Solicitation Sections 4.3, Staffing Requirements, and Section 9.1, Contract Specific Glossary, as these sections have been revised.

Please see the response to Question #16.

The billing staff does not require a license. There are no rehabilitation aides or rehabilitation technicians included in this Bid Solicitation.

Please refer to Revised Bid Solicitation Section 4.3, Staffing Requirements and Section 9.1, Contract- Specific Glossary, as these sections have been revised.

Section 4.4-part A subsection D: Are we responsible for hiring Restorative Aides?

Yes, the Contractor is responsible for hiring Restorative Aides.

Please refer to Revised Bid Solicitation Sections 4.3, Staffing Requirements, as this section has been revised.

Section 4.4-part A subsection D: What is the role we would have in overseeing the Restorative Nursing Program? If we are to oversee, can this be part of other services, under per diem/hourly rate?

In accordance with Revised Bid Solicitation Section 4.8.1, Restorative Nursing Services, “The Contractor shall ensure the Restorative Aides are trained by the rehabilitation therapist and provide a Restorative plan for the residents when they are discharged from rehabilitation and enrolled in the Restorative program. Typically, the resident stays in the program for about three (3) months post rehabilitation discharge. This is a billable service. The Restorative Nursing Program shall be supervised by a Registered Nurse (RN).”

The Homes currently provide a Registered Nurse for the Restorative Nursing Program.

However, a Home may require that the Contractor provide a Registered Nurse for the Restorative Nursing Program, at the request of the SCM.

Please reference Revised Bid Solicitation Section 4.8.1, Restorative Nursing Services, for additional information.

Section 4.4: Would they adopt our policies? We currently use Power DMS, would we have to set them up as users etc.

No, the Homes will not adopt the awarded Bidder’s policies.

Please reference Revised Bid Solicitation Section 4.9.1, Software, for additional information.

Section 4.4: Would we have to set them up with our Compliance program, Med-Net?

No, the Homes will not set up with the awarded Bidder’s Compliance program.

Section 4.4-part A subsection E: What is the current model for the Respiratory Therapy Program? On a weekly average how many average hours are spent by the RT in each location?

Respiratory therapy services are not currently provided at each Home.

Would we be responsible for hiring the registered nurses described in section 4.4-part A subsection d?

Please see the response to question #48

Section 4.4 discusses amount of experience the therapists must have. Can their schooling be considered part of that 1 year?

No, schooling will not be considered as experience.

No, personnel do not need to clock into the Home’s time keeping system.

Please refer to Revised Bid Solicitation Section 4.5, Scheduling, as this section has been revised.

No, all adaptive equipment, walkers, wheelchairs and cushions are supplied by the Homes.

Please reference Revised Bid Solicitation Section 4.8, Rehabilitation Program, for additional information.

Yes, the Homes still use manual charts. The Contractor is required to print and file paperwork.

Each Home uses a manual medical record system, but are currently in the process of transitioning to Experience Care.

Please refer to Revised Bid Solicitation Section 4.9.1, Software, as this section has been revised.

Please see the response to question #57

Please see the response to Question #57.

In Section 4.13 "University Affiliations", can you please clarify what you mean by "medical assistance?" Are students allowed to perform therapeutic intervention with residents?

No, students are not allowed to perform medical assistance or therapeutic intervention with residents. Students are only allowed to observe the therapy services being provided to a resident. Please refer to Revised Bid Solicitation section 4.13, University Affiliations, which states that the “licensed therapist shall acquire prior permission from the resident for a student to observe the service provided.”

Yes, in accordance with Revised Bid Solicitation Section 5.11, Reporting and Supplier Convenience Fee, it states that “for all purchases made under the Contract, the Contractor shall remit the Supplier Convenience Fee in the amount of one percent (1%) of all Purchases to Periscope Holdings, Inc. (Periscope).”

The submitted Security Plan will be reviewed by the New Jersey Office of Homeland Security and Preparedness and New Jersey Department of Military & Veterans Affairs (DMAVA).

Revised Bid Solicitation Section 6.2, Information Security Program Management, provides the Contractor with the State’s expectation of an Information Security Program and its management of that program. Unless specifically stated, the State does not require a security manager specific to this Contract.

Remote Access

4) 6.14 if IP and MAC whitelisting is preferred, is vendor still required to utilize Geofencing?

Revised Bid Solicitation Section 6.14, Remote Access, provides the Contractor with the State’s expectations of security protocols related to Remote Access. The Contractor may implement security controls as appropriate to their organization. Specifics should be detailed within the submitted Security Questionnaire.

Internet of Things Security

5) 6.19 are there any IoMTs we are required to use?

Please refer to Revised Bid Solicitation Section 4, Scope of Work, for Contractor requirements. If the Bidder/Contractor does not implement IoT devices, please indicate so within the submitted Security Questionnaire and Security Plan.

Mobile Device Security

6) 6.21 To clarify, the vendor is required to set up a separate WAP?

Revised Bid Solicitation Section 6.20, Mobile Device Security, provides the Contractor with the State’s expectations specific to Mobile Device Security. The Contractor should detail current processes within the Security Questionnaire for review.

System Development and Acquisition and Project and Resource Management

7) 6.28-29: Are there existing developments going on with current vendor or is there an active custom application that needs to be transitioned?

The Home is transitioning to Experience Care. Please reference Revised Bid Solicitation Section 4.9.1, Software, for additional information.

No, a Public Works Registration Certificate is not required for this procurement.

Yes, the awarded Bidder must submit a certificate of insurance prior to the start of services.

Please reference Revised Bid Solicitation Section, 7.1, Insurance, and the State’s Standard Terms and Conditions Section 4.2, Insurance, for additional information.

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