T3151 Bid Amendment 3 2.10.25~1.pdf

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper

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 12, 2025

To: All Interested Bidders

Re: Bid Solicitation #25DPP01053

T3151 Workforce Development Case Management Solution

Quote Submission Due Date: February 28, 2025 (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 electronic questions.

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 #25DPP01053 T3151 Workforce Development Case Management Solution

Answers to Questions

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

# Bid Solicitation Section Reference Question (Bolded) and Answer

Section 4.13.3:

Implementation Site Support

Q: A. To better understand the support requirements, could NJDOL please clarify the number of personnel that are required for in-person (on-site) support across the 22 Workforce locations statewide?

A: Please refer to Bid Solicitation Section 4.2.1, User Roles/Access for the estimated number of personnel who would need in-person support and note that the quantities are subject to change.

B. Additionally, does NJDOL have any specific expectations regarding coverage per location or scheduling requirements? For example, are you looking for a person to be located at each of the 22 facilities, or are you looking for one or more staff to cover multiple facilities?

B: As stated in Bid Solicitation Section 4.13.3, Implementation Site Support, the Contractor shall provide virtual go-live and post-go live support. In-person support shall be conducted on-site at locations determined mutually by State and Contractor project managers. Required time schedule for the site support will be determined at that time. In addition, Price Line 36 requests optional pricing for onsite in-person support.

344 Section 5.2: Contract Transition

Q: Would the State consider the following revision to this provision in order to protect Contractor’s intellectual property consistent with Section

5.4 of this Request for Solicitation? The Contractor shall provide a final knowledge transfer plan that documents, instructs, and fully prepares State personnel for operating, monitoring, and maintaining system activity and performance. The plan must include sufficient instruction, training, time, and resources to accomplish a transfer of knowledge to assure that State personnel are able to operate and maintain the system properly, effectively, and independently. The Bidder shall present the plan to the State, execute the plan, and obtain State acceptance before and after the plan is executed. Contractor is not required to include Contractor Intellectual Property in the plan.

A: The State does not accept this proposed modification.

345 Section 6.6: Privacy (Item G)

Q: Would the State consider the following addition to the end of this provision in order to reflect that the Contractor will be responsible for costs of compliance if the Breach of Security arose from the Contractor’s failure to implement and maintain the safeguards to guard against such breach? Contractor shall not be responsible for the costs or expenses arising from or relating to the above requirements, unless the Breach of Security was caused by Contractor’s failure to implement and maintain policies and procedures to safeguard such information from unauthorized access, acquisition, use, loss, destruction, compromise, alteration or disclosure of Personal Data.

A: The State declines to alter or modify the terms and conditions set forth in Bid Solicitation Section 6.6: Privacy.

Section 7.2.3:

Limitation of Liability Options (Section 4.3:

Limitation of Liability, Item B)

Q: Would the State consider [Bidder]’s request that the limitation of liability under Section 7.2.3 be revised as follows? Section 4.3(B): The Contractor’s breach of its obligations of confidentiality, but Contractor’s entire liability under this exclusion shall be limited in the aggregate to 200% of the total value of the Contract for any claims or causes of action not covered by the insurance provided under Section 7.2 of this Contract.

Solicitation Section 7.2.3: Limitation of Liability Options.

Section 7.2.3:

Limitation of Liability Options (Section 4.3:

Limitation of Liability) order to equitably shift risk to Contractor? 4.3 LIMITATION OF LIABILITY The Contractor’s liability to the State for actual, direct damages resulting from the Contractor’s performance or non-performance of, or in any manner related to this Contract, for any and all claims, shall be limited in the aggregate to 200% of the total value of this Contract during the initial Term. This limitation of liability shall not apply to the following: A. The Contractor’s obligation to indemnify the State of New Jersey and its employees from and against any claim, demand, loss, damage, or expense relating to bodily injury or the death of any person or damage to real property or tangible personal property, incurred from the work or materials supplied by the Contractor in breach of this Contract caused by negligence or willful misconduct of the Contractor; B. The Contractor’s willful breach of its obligations of confidentiality; and C. The Contractor’s liability with respect to copyright indemnification. The Contractor’s indemnification obligation is not limited by but is in addition to the insurance obligations. The Contractor shall not be liable for special, consequential, or incidental damages.

Solicitation Section 7.2.3: Limitation of Liability Options

Attachment 3 - State-Supplied Price

Sheet (Section C)

Q: Under section C in the price sheet, if multiple modules are included in our core software pricing how would you like that broken out in the modules you've listed?

A: Bidders should not alter or modify the State-Supplied Price Sheet. The Bidders should combine all module pricing together and include one (1) dollar amount to encompass everything required to provide what is described on each price line. The Bidders should identify the multiple modules in their technical Quote.

State-Supplied Price

(Section F) Q: Under section F in the price sheet, if multiple modules are included in our core software pricing how would you like that broken out in the modules you've listed?

A: Please see the answer to Question #348.

State-Supplied Price

Q: Can lines can be added to the optional module section on the price list?

A: Price Lines 44-46 allow for the Bidder to indicate any functions/modules not listed but available as a product offering. Bidders should fill out their firm-fixed annual recurring pricing for each optional function/module for years 1-7. Bidders should not alter or modify the State-Supplied Price Sheet. Pricing must be placed in the cells designated in yellow and include, but not limited to, license, software, or support fees that will be charged by the Bidder and any fees expected to be charged by third parties. The Bidders should identify the optional functions/modules listed in the Price Lines 44-46 in their technical Quote.

Further details can be found in Bid Solicitation Section 3.26, State-Supplied Price Sheet Instructions.

Section 1.2:

Background &

Section 4.2.1: User Roles/Access

Q: The external users listed are approx. 100,000. Can the State please provide a breakdown of the user count by jobseeker, employer, & third-party vendor?

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this time. Please be advised that this question is unrelated to any first round Q&A revisions, and is ineligible to be answered at this time.

Section 3.25:

Financial Capability of the Bidder

Q: Due to the highly confidential nature of financial information, is it acceptable to NJ to receive the vendor’s certified financial statement directly from the vendor’s CFO via email? If so, please provide the email address(es) the financials should be sent to.

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

Section 3.25:

Financial Capability of the Bidder

Q: Will all financial statements be kept strictly confidential and not disclosed in whole or in part to any unauthorized parties?

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

Section 3.13.8.1:

Small Business and/or Disabled

Veterans’ Business

Q: Does the procurement office have a preference on format to demonstrate that a good faith effort has been made to hire an eligible New Jersey Small Business Enterprise of Disabled Veterans' Business?

Subcontracting Set- Aside Contract

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

355 Section 4.2.1: User Roles/Access

Q: How many Agency users will be using the system? What level of access will be provided to Agency users

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

Section 4.10.4: Data Cleansing, Conversion and Migration

Q: How many years of data and active and inactive Cases will be migrated into the new NJDOL system?

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

Cleansing, Q: Per the volume of data given for data migration, the Production Database has 1062 tables and the Reporting Database has 1077. Is there any overlap between the structure of these databases that would not require the data migration team to analyze and map each table individually? Are there tables on the Reporting Database that would not be migrated into the final solution?

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

Cleansing, Q: Will the data conversion be performed by the State?

revisions made in response to the first round of Q&A can be addressed at this

Cleansing, Q: Can you help us determine on average how many columns are there per table?

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

Section 4.13.4:

Disaster Recovery, Backup, and Contingency Plan

Q: Should the sentence “The telecommunications link between the Contractor and the State’s data center must be a switchable circuit” really say “The telecommunications link between the Contractor’s primary and backup location must be a switchable circuit”? As this is an Internet based solution, we are unsure why there would be a need to have a dedicated switchable circuit between the Contractor hosting facility and the State’s data center. If this is the case where in pricing spreadsheet do we add the pricing for two dedicated circuits from the Contractors hosting facility to the State data center?

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

361 Section 5.3:

Performance Security

Q: Would the State consider replacing this provision with the following provision in order to permit the State to retain payments rather than the Contractor posting a performance bond? RETAINAGE. Contractor shall be paid eighty-five percent (85%) of each deliverable up to User Acceptance Testing and State shall retain fifteen percent (15%) of such payments (“Retainage”). Upon successful completion of User Acceptance Testing, State will pay Contractor all Retainage withheld. Retainage shall not apply to any payments occurring after successful completion of User Acceptance Testing.

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

Section 5.4:

Ownership of Material (Item B) order to clarify and avoid a conflict with Section 5.4(C) and to protect Contractor’s Intellectual Property? Work Product; Services – Excluding Contractor Intellectual Property, the State owns all Deliverables developed for the State in the course of providing Services under the Contract, including but not limited to, all data, technical information, materials gathered, originated, developed, prepared, used or obtained in the performance of the Contract, including but not limited to all reports, surveys, plans, charts, literature, brochures, mailings, recordings (video and/or audio), pictures, drawings, analyses, graphic representations, print-outs, notes and memoranda, written procedures and documents, regardless of the state of completion, which are prepared for or are a result of the Services required under the Contract.

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

Section 5.4:

Ownership of Material (Item E) order to include the definition of “Custom Software” which is otherwise undefined? Revision is necessary to eliminate ambiguity which, if permitted to remain, could adversely affect Contract’s ownership rights in and to Contractor Intellectual Property. Work Product; Custom Software – The State owns all Custom Software which shall be considered “work made for hire”, i.e., the State, not the Contractor, Subcontractor, or third party, shall have full and complete ownership of all such Custom Software. To the extent that any Custom Software may not, by operation of the law, be a “work made for hire” in accordance with the terms of the Contract, Contractor, Subcontractor, or third party hereby assigns to the State, or Contractor shall cause to be assigned to the State, all right, title and interest in and to any such Custom Software and any copyright thereof, and the State shall have the right to obtain and hold in its own name any copyrights, registrations and any other proprietary rights that may be available. “Custom Software” means software created exclusively for the State that does not include any Contractor Intellectual Property, was developed without reliance or reference to Contractor Intellectual Property, and is specifically identified as a “Custom Software” deliverable under this contract or the applicable statement of work.

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

Section 5.11:

Procurement

Efficiency Program

Q: PROCUREMENT EFFICIENCY PROGRAM Could NJDOL confirm the applicability of the Procurement Efficiency Program to this procurement?

Based on our initial review, it does not appear to be relevant, but clarification would be appreciated.

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

Section 7.1:

Indemnification (Section 4.1:

Indemnification) order to clarify? The Contractor’s liability to the State and its employees in third party suits shall be as follows: A. The Contractor shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the State and its officers, agents, servants and employees, from and against any and all third party claims, demands, suits, actions, recoveries, judgments and costs and expenses in connection therewith:

1. For or on account of the loss of life, property or injury or damage to the person, body or property of any person or persons whatsoever, which shall arise from or result directly or indirectly from the work and/or products supplied in breach of this Contract or the order; and 2. For or on account of the use of any patent, copyright, trademark, trade secret or other proprietary right of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance

(“Intellectual Property Rights”) furnished or used in the performance of this Contract that infringes a Third Party Intellectual Property Right; and

3. The Contractor’s indemnification and liability under subsection (A) is not limited by, but is in addition to the insurance obligations.

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

Section 7.2.1:

Professional Liability Insurance order to clarify? Professional Liability Insurance: The Contractor shall carry Errors and Omissions, Professional Liability Insurance, and/or Professional Liability Malpractice Insurance sufficient to protect the Contractor from any liability arising out of the professional obligations performed in breach of the requirements of this Contract. The insurance shall be in the amount of not less than $1,000,000 or higher if appropriate per each occurrence, and in such policy forms as shall be approved by the State. If the Contractor has claims-made coverage and subsequently changes carriers during the term of this Contract, it shall obtain from its new Errors and Omissions, Professional Liability Insurance, and/or Professional Malpractice Insurance carrier an endorsement for retroactive coverage.

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

367 Section 7.2.2: Cyber Breach Insurance order to clarify? Cyber Breach Insurance: The Contractor shall carry Cyber Breach Insurance in an amount sufficient to protect the Contractor from any liability arising out of its performance in breach of the requirements of this Contract. The insurance shall be in an amount of not less than $2,000,000 or higher if appropriate per each occurrence and in such policy forms as shall be approved by the State. The insurance shall at a minimum cover the following: Data loss, malware, ransomware and similar breaches to computers, servers and software; Protection against third-party claims;

cost of notifying affected parties; cost of providing credit monitoring to affected parties; forensics; cost of public relations consultants; regulatory compliance costs; costs to pursue indemnity rights; costs to Data Breach and Credit Monitoring Services analyze the insured’s legal response obligations; costs of defending lawsuits; judgments and settlements;

regulatory response costs; costs of responding to regulatory investigations; and costs of settling regulatory claims.

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

Section 8.7: State’s right to Inspect Bidder’s Facilities order to clarify? STATE'S RIGHT TO INSPECT BIDDER’S FACILITIES The State reserves the right upon reasonable prior notice to Bidder to inspect the Bidder’s establishment before making an award, for the purposes of ascertaining whether the Bidder has the necessary facilities for performing the Contract.

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

369 General

Q: Are you looking for an Applicant Tracking System to track if residents applied for the job or are you only looking for a portal to house opportunities?

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

370 General

Q: Are other agencies looking to use the same solution? If so which agencies are looking for the same solution?

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

371 General

Q: Are you validating or verifying if residents are eligible for support digitally?

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this

372 General

Q: What is the intake process for NJDOL?

revisions made in response to the first round of Q&A can be addressed at this

373 General

Q: We have been informed that the size limitation for documents to be uploaded to the NJStart portal is 500 MB. If one of our documents exceeds this size, is it OK for us to break it down into smaller parts?

A: Pursuant to Page 2 of Bid Amendment #2, only questions related to the revisions made in response to the first round of Q&A can be addressed at this