T3149 Revised Bid Solicitation 02.09.2024~1.docx

Revised Bid Solicitation # 24DPP00927 T3149 New Jersey Next Generation Assessments in English Language Arts and Mathematics (NJSLA-ELA; NJSLA-M) and New Jersey Graduation Proficiency Assessment (NJGPA)

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.

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 086250230 On Behalf of:

State of New Jersey Department of Education PO Box 0500 Trenton, New Jersey 08625-0500

Date: 2/912/7/2023

TABLE OF CONTENTS

ATTACHMENT 1 – State of New Jersey Standard Terms and Conditions (6/21/2023) ATTACHMENT 2 – Revised Bid Solicitation Checklist (1/24/24) ATTACHMENT 3 – State of New Jersey Third Party Information Security Questionnaire iv

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 the New Jersey Department of Education (NJDOE). 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 for a Contractor to develop and implement New Jersey’s Student Learning Assessments for English Language Arts and Mathematics (NJSLA-ELA/M) and the New Jersey Graduation Proficiency Assessment (NJGPA). The seven (7) year Contract resulting from this Bid Solicitation will run through the end of the 2030-2031 academic year. There will be three (3), one-year option periods that can be used to extend the contract.

It is the intent of the State to award a Contract to that responsible Bidder whose Quote, conforming to this Bid Solicitation is most advantageous to the State of New Jersey (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.

The State of New Jersey Standard Terms and Conditions (SSTCs) included with this Bid Solicitation will apply to all Contracts made with the State. These terms are in addition to the terms and conditions set forth in this Bid Solicitation and should be read in conjunction with them unless the Bid Solicitation specifically indicates otherwise.

BACKGROUND

The New Jersey Department of Education (NJDOE) supports schools and districts to ensure New Jersey’s 1.4 million students have equitable access to high-quality education and achieve academic excellence. In pursuit of this vision, New Jersey has developed a systemic and coherent approach to education focused on rigorous standards that inform curriculum and instruction, standards-aligned state assessments, reporting and analysis of actionable data, and meaningful professional learning. With high standards, balanced accountability, and quality instruction, all students can achieve academically and experience post-secondary success.

The NJDOE has a legal and moral imperative to hold all students to the same rigorous academic standards and build a system of assessments that enables New Jersey communities to ensure every student is making meaningful growth toward those standards. Adopted in 1996 and revised frequently, New Jersey’s system of State standards, now known as the New Jersey State Learning Standards, lay the foundation for districts to develop local curricula. From 1978 until today, New Jersey has administered progressively more rigorous, expansive, and standards-aligned State assessments to gauge student learning.

As a State education agency, the NJDOE must ensure that State assessments are of high quality. While State assessments are a single measure of how students are performing academically, they are an important lever towards better understanding a student’s academic needs in English language arts and mathematics. State assessment results are used alongside other quantitative and qualitative measures to inform communities about productive utilization of district resources; identify schools and districts that require additional support from the NJDOE; and most importantly, provide critical information for enhancing curriculum and instruction in classrooms across the State.

When used in conjunction with local student performance metrics, statewide assessments support the identification of students’ strengths and opportunities for improvement. Since the quality of the assessment is a factor that impacts the validity of the decisions being made in the interest of students, New Jersey must continue to evolve its cycle of setting high standards and improving its state and local assessment systems so that education communities continually have higher-quality information regarding students’ academic needs and progress.

New Jersey is committed to collaboratively improving the State assessment system in alignment with the New Jersey Student Learning Standards (NJSLS). The NJDOE conducted outreach in the spring and summer of 2018 to ensure that input from the education community would inform the next generation of State assessments. NJDOE staff held 75 in-person feedback sessions in all 21 counties, ultimately hearing from over 2,300 students, practitioners, school and district leaders, and community organizations. The results of that initiative were published in the July 2018 Summary of Findings Report. After testing cancellations due to the COVID-19 pandemic, the State is now ready to reflect the findings from this outreach in its forthcoming testing system. For State assessment, New Jersey’s priorities for the next generation of State assessment include:

A. Provision of timely, actionable data: State assessment should collect data that educators can use to inform instruction, return data to districts quickly, and ensure parents have access to reports they can use to understand and support their child’s progress;

B. Short length: State assessment should be appropriate for all students, not disrupt day-to-day school operations, and optimize instructional time. State assessments should be no longer than four (4) hours per subject area, which is inclusive of field test content;

C. Accessibility: State assessment should ensure students with diverse needs have assessment options that allow students to demonstrate learning and provide actionable data to ensure those students get the supports they need; and D. College and career readiness: State assessment should reflect New Jersey’s high standards, while ensuring students have access to diverse graduation pathways that reflect differentiated learning and post-secondary plans.

The input garnered from communities during the first phase of NJDOE’s assessment outreach was used by experts and leaders to develop core characteristics for the Next Generation Assessment in New Jersey. The Next Generation Assessment will be:

A. Computer adaptive;

B. Summative with the option for benchmark assessments for interested districts;

C. Differentiated for students in grades 3-8 and high school in English language arts and mathematics;

D. Informed by education stakeholders in New Jersey and education experts nationally; and E. Equipped with optional specifications that the education community in New Jersey can consider throughout outreach and implementation, so that this work is continually evolving alongside the communities the NJDOE serves.

The State is seeking a Contractor to support the development, administration, and reporting of its summative English language arts and mathematics assessments. The Contractor shall propose a plan that ensures that the State has a sustainable path for its summative assessments, maintains consistency with legacy assessments to the extent possible, and allows the State to build the foundation for innovations in design over time. In English language arts and mathematics, the Contractor shall propose a plan that meets New Jersey requirements for design and reporting consistency with legacy assessments preferably through the provision of Contractor-provided licensed items or, secondarily, through the sublicensing of assessment content, test forms, and ancillary materials. Any newly developed content shall be owned by the State.

NEW JERSEY ASSESSMENT DATA:

In New Jersey, there are a total of 686 operating districts with 1,981 elementary schools and 512 secondary schools for school year 2020 – 2021. There are approximately 100,000 students enrolled in each grade with a total of 1.4 million students enrolled from pre-kindergarten to 12th grade. Below is background information for New Jersey students:

Table 1:

Percent students by Race/Ethnicity

Table 2:

Student Counts by Grade and Subject

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, 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

Not applicable to this procurement.

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.

1.0

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 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.

MANDATORY/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 details:

Call-In Details:

Phone Number: +1 856-338-7074 Passcode: 704577610#

Online TEAMS:

TEAMS Link: https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTQxNzVhMDMtYTliMC00NThmLTlhYWEtNDNmMjAwZDUzYWQx%40thread.v2/0?context=%7b%22Tid%22%3a%225076c3d1-3802-4b9f-b36a-e0a41bd642a7%22%2c%22Oid%22%3a%2211fbf0d0-97b4-4a21-99ca-8ce604466e6a%22%7d Meeting ID: 239 441 580 722 Passcode: HCSsWt

The Optional Pre-Quote Conference may be recorded.

PRE-QUOTE DOCUMENT REVIEW

Not applicable to this procurement.

QUOTE SUBMISSION REQUIREMENTS

2.0

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 as 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.

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.

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.

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

The Bidder should submit the 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.

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.

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.

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.

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 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.

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. This includes, but is not limited to, any subcontractors intended to be utilized by the Bidder in order to meet the Equating Consultant requirements detailed in Bid Solicitation Section 4.11.1.2.1 – Equating Consultants (Accommodated Forms), and Section 4.12.6.4 – Equating Consultants (Equating Results).

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.

SMALL BUSINESS AND/OR DISABLED VETERANS’ BUISNESS SUBCONTRACTING SET-ASIDE CONTRACT Not applicable to this procurement.

RESERVED

Not applicable to this procurement.

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.

RESERVED

Not applicable to this procurement.

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.

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. In the event of an issue with a Bidder’s Business Registration Certification Active status, NJSTART provides a link to take corrective action.

Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Pursuant to P.L.2022, c.3 The Bidder should submit the Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Form. Pursuant to P.L.2022, c.3, a person or entity seeking to enter into or renew a contract for the provision of goods or services shall certify that it is not Engaging in Prohibited Activities in Russia or Belarus as defined by P.L.2002, c.3, sec. 1(e). 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.

TECHNICAL QUOTE

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 Bidder should include the level of detail it determines necessary to assist the Evaluation Committee in its review of the Bidder’s Quote.

PRELIMINARY WORK PLAN (PWP)

The Bidder shall submit a Preliminary Work Plan (PWP) as part of its Quote. The PWP shall be the Bidder’s initial draft of the Operational Work Plan (OWP). Refer to Bid Solicitation Section 4.3.1 – Operational Work Plan (OWP) and Operational Yearly Schedule (OYS) for additional information regarding the requirements of the PWP and the OWP.

PRELIMINARY YEARLY SCHEDULE

The Bidder shall submit a Preliminary Yearly Schedule (PYS) as part of its Quote. The PYS shall be the Bidder’s initial draft and approach for the initial Operational Yearly Schedule (OYS). Refer to Bid Solicitation Section 4.3.1.1 – Operational Yearly Schedule (OYS) for additional information regarding the requirements of the PYS and OYS.

MANAGEMENT OVERVIEW

The Bidder shall set forth its overall technical approach and plans to meet the requirements of the Bid Solicitation in a narrative format. This narrative should demonstrate to the Evaluation Committee that the Bidder understands the objectives that the Contract is intended to meet, the nature of the required work, and the level of effort necessary to successfully complete the Contract. The narrative should demonstrate that the Bidder’s approach and plans to undertake and complete the Contract are appropriate to the tasks and subtasks involved.

Mere reiterations of Bid Solicitation tasks and subtasks are strongly discouraged, as they do not provide insight into the Bidder’s approach to complete the Contract.