T3149 Bid Amendment 4 02.09.2024 - Response to Electronic Questions and Quote Opening to 02.23.2024.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

February 9, 2024

To: All Interested Bidders

Re: Bid Solicitation #24DPP00927 T3149 - New Jersey Next Generation Assessments - DOE

Bid Amendment #4

The following constitutes Bid Amendment #4 to the above referenced Bid Solicitation:

· This Bid Amendment includes:

· An extension of the Quote Submission due date from February 21, 2024 to February 23, 2024 (2:00 p.m. Eastern Time);

· Answers to questions;

· Revisions to the Bid Solicitation;

· An updated forms packet titled “T3149 Attachment 2 - Bid Solicitation Checklist 02.09.2024” has been updated on the Attachments tab of this Bid Solicitation in NJSTART, replacing the previous version dated 06.29.2023.

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “T3149 Revised Bid Solicitation 02.09.2024”, and hereafter referred to in this document as the “Revised Bid Solicitation”. The following sections of the Bid Solicitation have been revised:

· Table of Contents;

· Section 4.1, The Summary Statement; and

· Section 4.7.1.7.1, Compliant Content Format.

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 #24DPP00927 T3149 - New Jersey Next Generation Assessments – DOE

Answers to Questions

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

Note: This question has been paraphrased in the interest of readability and clarity.

Section Reference Question (Bolded) and Answer

Should I check that I have properly completed and attached all of the required documents with my submitted Quote?

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

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NJGPA Administration Schedule Table 7 shows the NJGPA schedule for the graduating classes 2023-2025. The New Jersey Graduation Proficiency Assessment Program Administration Schedule concludes after the Spring of 2026. What assessment will students take to meet their graduation requirement after this time?

For the class of 2026 and beyond, students must continue to take the graduation assessment per those requirements set forth in Chapter 8 of the administrative code. These requirements shall be redefined and adopted after the current version of Chapter 8, currently set to expire in Spring of 2025, is revised.

NJGPA Administration Schedule Requirement: “Beginning Spring 2025 and continuing into each year covered thereafter by the Contract, the Contractor shall be responsible for the development, administration, scoring and reporting of the NJGPA.” Do current contractual agreements in place with New Meridian Corporation and Pearson Inc. cover the Summer 2024 and Fall 2024 content licensing and administration or should those administrations be included in the pricing of this [Bid Solicitation]?

The State is no longer contemplating the potential inclusion of the summer 2024 and fall 2024 NJGPA make-up exams referenced by Revised Bid Solicitation Section 4.1B, as a part of the Contract resulting from this Bid Solicitation. Furthermore, the State is no longer contemplating that the awarded Contractor resulting from this Bid Solicitation may need to make a good faith effort to enter into agreements with the referenced waiver vendors as a potential solution should the fall 2024 sampled field test be delayed. Please refer to Revised Bid Solicitation Section 4.1, The Summary Statement, as this section has been revised to remove the referenced language.

NOTE: There are multiple Section 4.1B references found within Section 4.1. The above answer is referencing the language at the end of Revised Bid Solicitation Section 4.1, The Summary Statement, which as specified above has been removed from the Revised Bid Solicitation, as shown via tracked changes.

As stated by Revised Bid Solicitation Section 4.2.2, Assessment Standards, “Should delays outside of the Contractor’s control prevent a fall 2024 sampled field test from being properly conducted, the NJDOE reserves the right, in its sole discretion, to: 1) skip the fall 2024 sampled field test and move directly to the 2025 spring operational assessment; 2) move the 2024-25 timeline to 2025-2026, with a sampled field test in fall of 2025 and a first operational assessment in spring 2026; or 3) implement another solution allowable under this Contract.”

Notwithstanding the above back-up options, the State emphasizes that it expects that the fall 2024 sampled field test and spring 2025 operational assessment will occur in accordance with the terms and conditions of the Revised Bid Solicitation.

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.”

Revised Bid Solicitation Section 3, Quote Submission Requirements, lists those requirements that must be submitted with the Bidder’s Quote. Revised Bid Solicitation Section 3.14, Technical Quote, states:

“The Bidder shall describe its approach and plans for accomplishing the work outlined in the Scope of Work. The Bidder must set forth its understanding of the requirements of this Bid Solicitation and its approach to successfully complete the Contract.”

The Scope of Work can be found in the Revised Bid Solicitation Section 4, Scope of Work, starting on page 14 and ending on page 97 of the document.

Bidders are not required to provide responses addressing those requirements in Revised Bid Solicitation Section 5, General Contract Terms. These terms are to be followed by the awarded Contractor.

B. Please clarify whether [Bidders] are required to provide responses to the numbers sections under Data Security Requirements – Contractor Responsibility, starting on pg. 101 of the [Bid Solicitation].

As part of the Quote, Bidders are not required to submit a Security Plan as detailed in Revised Bid Solicitation Section 6.1, Security Plan. However, upon Contract award, an awarded Contractor must provide this submittal no later than 30 Calendar Days after the award of the Contract.

Please note that this detailed Security Plan is separate from the State of New Jersey Third Party Information Security Questionnaire (Attachment 3), which is requested as part of the Quote. Please refer to Revised Bid Solicitation Section 3.13.13, State of New Jersey Security Due Diligence Third-Party Information Security Questionnaire, for additional information.

It is the responsibility of the Bidder to identify its proposed key personnel based upon the needs of the project and the Bidder’s proposal for how it intends to successfully accomplish the Scope of Work. Examples of key personnel could include, but not be limited to, project managers, lead content item developers, psychometricians, technology managers, and reporting managers.

The State has removed the referenced list from its website.

Please click here to read the notice regarding N.J.S.A. 52:32-60.1.

No, the Contractor is not expected to import any legacy New Jersey-owned items.

Item Writer Training Meeting

In Bid Solicitation Section 4.9.3, Item Writer Training Meeting, it mentions item writers and lead item writers. Are these expected to be educators or contractor staff?

The item writers and lead item writers are expected to be Contractor staff.

Item Bank Access

A. In Bid Solicitation Section 4.6.1, Item Bank Access, does the provision about access to items/content for three (3) years after the end of the Contract pertain ONLY to New Jersey owned/developed items/passages?

Yes, the provision about access to items/content for three (3) years after the end of the Contract pertains to only State-owned content. Per Revised Bid Solicitation Section 4.6.1, Item Bank Access: “All items developed under this Contract specifically for the NJDOE shall become and remain property of the NJDOE.”

B. Or does that also extend to contractor-owned items/passages?

No, the referenced language does not extend to Contractor-owned items/passages. Please see answer above.

NJSLA-ELA Permission for Use of Published Tests In Bid Solicitation Section 4.5.2.1.3.2.1, NJSLA-ELA Permission for Use of Published Tests, there is no mention about commissioned texts for ELA. Would NJDOE accept commissioned passages where appropriate?

The State will consider commissioned passages, to be reviewed and approved by the State Contract Manager (SCM), where appropriate.

New Jersey Standards Measurement and Resource for Teaching (NJSMART) Interface

A. We understand that the NJ SMART SID system will act as a state-wide source for student assessment data eligibility. Is the NJ SMART SID system also intended to receive and store student assessment results?

Yes, the NJ SMART SID system is to receive and store student assessment results. The Contractor shall provide the information to the State so that the State may upload the data into the system.

B. Please describe more about any data and data format that is expected to flow into NJ SMART, from the Contractor assessment platform.

There is no direct flow of data from the Contractor assessment platform to NJ SMART. All data will be transferred to NJDOE to then be uploaded to the NJ SMART system.

Compliant Content Format

Does the Department expect pre-recorded sign language video content to be produced in both American Sign Language (ASL) and Signed [Exact] English (SEE)?

The State requires pre-recorded American Sign Language (ASL) video content for the NJSLA. The addition of Signed [Exact] English (SEE) will be considered should the demand necessitate its inclusion. Please refer to Revised Bid Solicitation Section 4.7.1.7.1, Compliant Content Format, as this section has been revised.

Accommodated Forms Does the Screen Reader accommodation require a paper script or supplemental documents or Braille test books to be produced and shipped for use during testing?

Contractors are required to produce and make available Braille materials, including Braille booklets, when determined necessary by the State Contractor Manager assigned to the Contract. Additionally, Contractors are required to produce a separate test administrator script to be embedded in the computer based testing scripts for English Language Arts and Math.

Accommodated Forms Are there any required scripts or other supplemental materials to be printed and shipped with Braille or Large Print test materials?

NJDOE requests, but does not require, the Contractor to provide a crosswalk that outlines the items and pagination for both Braille booklets, Large Print test materials, and regular paper test booklets.

No, the State of New Jersey Third Party Information Security Questionnaire (Attachment 3) does not need to be provided for each Subcontractor. However, should a Subcontractor fail to meet a security requirement required by the State, the Contractor shall assume responsibility.

Section 5.11, D State of New Jersey Standard Terms and Conditions, Section 5.15

Audits & Non-Disclosure A. Does the State agree that any audit shall be limited to regular business hours?

Yes, the State agrees that audits shall be limited to regular State business hours.

B. Would the State be agreeable to signing a non-disclosure agreement before accessing any trade secret information?

The State of New Jersey will not enter into a Non-Disclosure Agreement with any party. The confidentiality of all documents is subject to the provisions of the New Jersey Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq., and the New Jersey common law right to know.

C. Would the State be agreeable to signing non-disclosure agreements prior to accessing any trade secret information in the course of any audit?

See the response to Part B above.

State of New Jersey Standard Terms and Conditions Does the State accept that the Contractor is only required to indemnify the State for actions arising directly or indirectly through the fault of the Contractor, its agents, employees, subcontractors, or suppliers and is not required to indemnify the State for actions caused by any omission or negligence on the part of the State?

The State of New Jersey declines to change or modify the terms and conditions set forth in the State Standard Terms and Conditions Section 4.1, Indemnification. The State declines to limit the scope of protections from Third Party Claims.

Ownership of Material

Does the State agree that the Contractor will retain exclusive rights over any designs, programs, documents, data, reports, materials, supplies, equipment, accomplishments, processes, improvements, methodology, and assessment items owned by the contractor prior to award and not specifically created for the State and that all of these items shall remain Contractor’s exclusive property?

The State declines to alter or modify the Revised Bid Solicitation Section 5.4, Ownership of Material. Revised Bid Solicitation Section 5.4 makes clear the State’s Ownership of State Data as well as Work Product.

Equating Consultants (Accommodated Forms) & Equating Consultants (Equating Results) For Bid Solicitation Section 4.11.1.2.1, Equating Consultants (Accommodated Forms), and 4.12.6.4, Equating Consultants (Equating Results), NJDOE uses the terms "independent equating consultant, subcontractor, third party vendor, third party subcontractors/consultants" throughout these sections. If we use an individual (as opposed to a company) to perform these services as a consultant, should they be treated as a "subcontractor" based on NJDOE's subcontractor definition found on pg. 117? (Subcontractor – An entity having an arrangement with a Contractor, whereby the Contractor uses the products and/or services of that entity to fulfill some of its obligations under its State Contract, while retaining full responsibility for the performance of all Contractor's obligations under the Contract, including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Contractor.)

Revised Bid Solicitation Section 4.11.1.2.1, Equating Consultants (Accommodated Forms), states:

“In accordance with Bid Solicitation Section 3.13.8 – Subcontractor Utilization Plan and SSTCs Section 5.8 – Subcontracting, the Contractor shall provide at least one (1) independent Equating Consultant or third party vendor, approved by the SCM, to verify the accommodated forms development. Contractors shall submit a plan for working with these subcontractors/consultants, inclusive of a budget for their services, by the first day of May each year of the Contract to the SCM.”

Accordingly, the Contract requires that the Contractor provide an independent Equating Consultant. This role shall be a Subcontractor as that term is identified and defined in the Contract.

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