REQUEST FOR PROPOSAL (RFP)
FOR PROFESSIONAL MEDICAL EXAMINATION SERVICE
CORRECTION OFFICER, RECRUIT
DEPARTMENT Of CORRECTIONS
SPECIAL TERMS AND CONDITIONS
TABLE of CONTENTS:
1.0 INFORMATION for BIDDERS
1.1 Purpose and Intent
1.2 Background
1.3 Key Events
1.4 Additional Information
2.0 DEFINITIONS
2.1 Definitions
3.0 SCOPE of WORK
4.0 PROPOSAL PREPARATION and SUBMISSION
4.1 General
4.2 Proposal Delivery and Identification
4.3 Number of Bid Proposal Copies
4.4 Proposal Content
5.0 CONTRACTUAL TERMS and CONDITIONS
5.1 Precedence of Contractual Terms and Conditions
5.2 Performance Bond
5.3 Reserved
5.4 Contract Term and Extension Option
5.5 Contract Transition
5.6 Availability of Funds
5.7 Contract Amendment
5.8 Contractor Responsibilities
5.9 Substitution of Staff
5.10 Substitution or Addition of Subcontractor(s)
5.11 Ownership of Material
5.12 Data Confidentiality
5.13 News Releases
5.14 Advertising
5.15 Licenses and Permits
5.16 Claims and Remedies
5.17 Late Delivery and Liquidated Damages
5.18 Retainage
5.19 State's Option to Reduce Scope of Work
5.20 Suspension of Work
5.21 Change in Law
5.22 Additional Work and/or Special Projects
5.23 Form of Compensation and Payment
5.24 Year 2000 Compliance
5.25 Contract Activity Report
6.0 PROPOSAL EVALUATION/CONTRACT AWARD
6.1 Proposal Evaluation Committee
6.2 Oral Presentation and/or Clarification of Proposal
6.3 Evaluation Criteria
6.4 Contract Award
7.0 BIDDER DATA SHEETS, BIDDER'S CAPABILITIES, ORGANIZATIONAL
SUPPORT AND EXPERIENCE/TECHNICAL PROPOSAL
8.0 PRICE SHEET(S) AND SUPPORTING DETAIL
9.0 EXHIBITS/ATTACHMENTS
1.0 INFORMATION for BIDDERS
1.1 Purpose and Intent
This Request For Proposal (RFP) is issued by the Purchase Bureau,
Division of Purchase and Property, Department of the Treasury, on
behalf of the State of New Jersey. The purpose of this RFP is to
solicit bid proposals from qualified bidders for the Department of
Corrections (DOC)to perform medical examinations of candidates for the
position of correction officer, recruit (candidates).
The intent of this RFP is to award a contract to that responsible
bidder whose bid proposal, conforming to this RFP, is most
advantageous to the State, price and other factors considered.
1.2 Background
All candidates are required to go through pre-employment processing.
This processing consists of several elements, one of which is medical
screening in order to assess and monitor candidates' health status and
fitness for duty, prior to assignment to work. Currently, a
contractor performs these medical examinations.
DOC expects to conduct examinations up to two (2) times per month,
averaging approximately 30 to 50 candidates on each scheduled date.
The number of examinations required is dependent upon the number of
eligible candidates from Department of Personnel lists, manpower needs
of DOC, and candidates responding to scheduled examinations. No
minimum or maximum number of examinations can be guaranteed by the
State. The contractor shall be paid only for examinations authorized
and ordered by DOC.
1.3 Key Events
1.3.1 Questions and Inquiries
It is the policy of the Purchase Bureau to accept questions and
inquiries from all potential bidders receiving this RFP.
Written questions should be mailed or faxed to the Purchase Bureau to
the attention of the assigned Purchase Bureau buyer at the following
address:
Purchase Bureau
Division of Purchase and Property
State of New Jersey
PO BOX 230
Trenton, New Jersey 08625-0230
Attention: Christine Weiland
Fax Number: 609-292-5170
And, also fax a copy to
Department of Corrections
Custody Recruitment Unit
PO Box 860
Trenton, NJ 08625-0860
Attention: Loretta James
Fax Number: 609-943-5751
1.3.1.1 CUT-OFF DATE FOR QUESTIONS AND INQUIRIES
A Mandatory Pre-Bid Conference has been scheduled for this
procurement, therefore, the cut-off date for submission of questions
will be the date of the Mandatory Pre-Bid Conference. While all
questions will be entertained at the Mandatory Pre-Bid Conference, it
is strongly urged that questions be submitted in writing prior to the
Mandatory Pre-Bid Conference. Written questions must be delivered to
the Purchase Bureau buyer. It is requested that bidders having long,
complex or multiple part questions submit them in writing as far in
advance of the Mandatory Pre-Bid Conference as possible. This request
is made so that answers can be prepared by the State by the time of
the Mandatory Pre-Bid Conference.
1.3.1.2 Question Protocol
Questions should be submitted in writing to the attention of the
assigned Purchase Bureau buyer. Written questions should be directly
tied to the RFP by the writer. Questions should be asked in
consecutive order, from beginning to end, following the organization
of the RFP. Each question should begin by referencing the RFP page
number and section number to which it relates.
Short procedural inquiries may be accepted by telephone by the
Purchase Bureau buyer, however, oral explanations or instructions
given over the telephone shall not be binding upon the State. Bidders
shall not contact the Using Agency directly, in person, or by
telephone, concerning this RFP.
1.3.2 Mandatory Site Visit
Not applicable to this procurement
1.3.3 Mandatory Pre-Bid Conference
A Mandatory Pre-Bid Conference has been scheduled for this
procurement. The date, time and location are provided as follows:
Date:
Time:
Location: NJ Purchase Bureau
33 West State Street
9th Floor Bid Room
Trenton, NJ 08625-0230
CAUTION: Bids will be automatically rejected from any bidder that was
not represented or failing to properly register at the Mandatory Pre-
Bid Conference.
The purpose of the Mandatory Pre-Bid Conference is to provide a
structured and formal opportunity for the State to accept questions
from bidders regarding this RFP.
Any revisions to the RFP resulting from the Mandatory Pre-Bid
Conference will be formalized and distributed to attendees as written
addendum to the RFP. Answers to deferred questions will also be
distributed to attendees as written addendum to this RFP.
1.3.4 Document Review Room
Not applicable to this procurement
1.4 Additional Information
1.4.1 Revisions to this RFP
In the event that it becomes necessary to clarify or revise this RFP,
such clarification or revision will be by addendum. Any RFP addendum
will be distributed as follows:
A Mandatory Pre-Bid Conference has been scheduled for this
procurement. Any addendum issued before the Mandatory Pre-Bid
Conference will be distributed to all bidders who were sent the
initial RFP. Any addendum issued at the time of or after the
Mandatory Pre-Bid Conference will be distributed only to those bidders
represented and properly registered at the Mandatory Pre-Bid
Conference.
1.4.2 Addendum as a Part of this RFP
Any addendum to this RFP shall become part of this RFP and part of any
contract resulting from this RFP.
1.4.3 Issuing Office
This RFP is issued by the Purchase Bureau, Division of Purchase and
Property. The buyer noted in Section 1.3.1 is the sole point of
contact between the bidder and the State for purposes of this RFP.
1.4.4 Bidder Responsibility
The bidder assumes sole responsibility for the complete effort
required in this RFP. No special consideration shall be given after
bids are opened because of a bidder's failure to be knowledgeable of
all the requirements of this RFP. By submitting a proposal in
response to this RFP, the bidder represents that it has satisfied
itself, from its own investigation, of all of the requirements of this
RFP.
1.4.5 Cost Liability
The State assumes no responsibility and bears no liability for costs
incurred by bidders in the preparation and submittal of proposals in
response to this RFP.
1.4.6 Contents of Bid Proposal
The entire content of every bid proposal will be publicly opened and
becomes a public record. This is the case notwithstanding any
statement to the contrary made by a bidder in its bid proposal.
All bid proposals, as public records, are available for public
inspection. Interested parties can make an appointment to inspect bid
proposals received in response to this RFP with the Purchase Bureau
buyer.
1.4.7 Price Alteration
Bid prices must be typed or written in ink. Any price change
(including "white-outs") must be initialed. Failure to initial price
changes may preclude an award being made to the bidder.
1.4.8 Joint Venture
If a joint venture is submitting a bid proposal, the agreement between
the parties relating to such joint venture should be submitted with
the joint venture's proposal. Authorized signatories from each party
comprising the joint venture must sign the bid proposal. A separate
Ownership Disclosure Form, Affirmative Action Employee Information
Report, MacBride Principles Certification and, business registration
must be supplied for each party to a joint venture.
2.0 DEFINITIONS
2.1 Definitions
The following definitions shall be part of any contract awarded or
order placed as a result of this RFP:
Addendum - Written clarification or revision to this RFP issued by the
Purchase Bureau.
Amendment - A change in the scope of work to be performed by the
contractor. An amendment is not effective until it is signed by the
Director, Division of Purchase and Property.
Bidder - An individual or business entity submitting a bid proposal in
response to this RFP.
Contract - This RFP, any addendum to this RFP, and the bidder's
proposal submitted in response to this RFP and the Division's Notice
of Acceptance.
Contractor - The contractor is the bidder awarded a contract.
Director - Director, Division of Purchase and Property, Department of
Treasury. By statutory authority, the Director is the chief
contracting officer for the State of New Jersey.
Division - The Division of Purchase and Property.
Evaluation Committee - A committee established by the Director to
review and evaluate bid proposals submitted in response to this RFP
and to recommend a contract award to the Director.
May - Denotes that which is permissible, not mandatory.
Project - The undertaking or services that are the subject of this
RFP.
Request for Proposal (RFP) - This document which establishes the
bidding and contract requirements and solicits bid proposals to meet
the purchase needs of Using Agencies as identified herein.
Shall or Must - Denotes that which is a mandatory requirement.
Failure to meet a mandatory requirement will result in the rejection
of a bid proposal as materially non-responsive.
Should - Denotes that which is recommended, not mandatory.
State Contract Manager - The individual responsible for the approval
of all deliverables, i.e., tasks, sub-tasks or other work elements in
the Scope of Work.
Subtasks - Detailed activities that comprise the actual performance of
a task.
State - State of New Jersey.
Task - A discrete unit of work to be performed.
Using Agency or Agency - The entity for which the Division has issued
this RFP and will enter into a contract.
3.0 SCOPE of WORK
3.1 The contractor shall perform physical examinations for large
groups, ten (10) or more candidates, at a Mercer County site
determined by the Custody Recruitment Unit, DOC. The contractor
shall, at a site proposed by the Contractor and approved by DOC,
perform physical examinations for individuals or groups of ten (10) or
less.
3.1.1 The contractor shall provide all equipment, equipment
maintenance and accuracy calibration. Equipment breakdown shall be
minimized. Adequate space will be provided at the site provided by
the State for large groups, ten (10) or more candidates, to
accommodate the various test stations. For the audio test, the State
will provide as quiet an area as is practical at each location. If
the nature of the audio equipment used by the contractor dictates more
than "average quiet" conditions, the contractor shall provide
alternate accommodations, e.g., a hearing booth.
3.1.2 Should a contractor wish to bid to provide these services at
their own site for examination of ten (10) or more candidates, the
site must meet the following conditions:
a) Space must be provided for four (4) DOC psychologists to conduct
interviews with candidates simultaneous to the medical examinations;
b) Space must be provided for up to thirty (30) candidates to wait to
complete their medical and psychological examinations; and,
c) Appropriate workspace must be provided for State staff to
coordinate the candidates' activities and to appropriately secure
candidates' personal materials.
3.2.1 Examinations shall be performed by physicians who are licensed
to practice in the State of New Jersey.
3.2.2 For any physical examination completed, the physician who
integrates/interprets all of the technical data and signs the final
paperwork must be the same physician who actually examined the
candidate.
3.2.3 The contractor must supply all necessary forms with the
exception of: Police and Firemen's Retirement System (PFRS), pf-10-
61-1086, Police Training Commission Medical Certification, PTC-8a
rev. 7/89, and Police Training Commission Health History Statement,
PTC-7 rev. 6/89. Copies of State issued forms will be distributed at
the bidders' conference. DOC will supply required State issued forms
to the Contractor throughout the term of the contract.
3.3 The contractor shall complete the full examination, including all
physician components.
3.4 The contractor shall deliver full examination results to the
Custody Recruitment Unit, DOC by 9:00 a.m. on the seventh calendar day
following the examination of the candidate.
3.5 All data associated with the above listed examinations must be
assembled into one package and delivered by courier to the DOC,
Custody Recruitment Unit, 1052 Spruce Street, Lawrenceville, New
Jersey, 08648.
3.6 The contractor shall evaluate all data in conjunction with
Department of Personnel, Correction Officer, Recruit job
specifications, DOC Medical Standards for Correction Officer, Recruit
and Police Training Commission's "Dear Physician" letter. (Copies
will be distributed at the bidders' conference)
3.7 Testing Schedule:
Examination sessions will be scheduled by pre-arrangement with the
contractor. DOC reserves the right to schedule any weekday.
3.8 The contractor shall complete the candidate's examination in one
(1) visit. All tests must be performed/interpreted by appropriately
New Jersey licensed specialists.
3.8.1 The contractor shall report results of said examination in
accordance with 3.4 above.
3.8.2 Candidates' examinations shall include:
3.8.2.1 A licensed physician shall perform the physical examination
and complete the PFRS form;
3.8.2.2 Physical examination of the spine and limbs for bone and joint
abnormalities and of the neck, chest, abdomen, eyes, ears, nose, and
throat;
3.8.2.3 Auscultation of heart and lung sounds for identification of
possible cardiac murmur, dysrhythmia, or chronic lung disease;
3.8.2.4 Measurement of resting heart rate, blood pressure and
respiration;
3.8.2.5 Analysis of PTC-7 rev. 6/89 health history statement;
3.8.2.6 EKG report generated by a computerized EKG machine that prints
out a written heart evaluation which is read by a board certified
internist or cardiologist;
3.8.2.7 A CHEM 26, SMAC II, or equivalent, blood profile with specific
evaluative attention to levels of serum cholesterol, triglycerides,
HDL, LDL, risk factor (CHOL/HDL), glucose and uric acid;
3.8.2.8 Eye examination. Complete vision screening using Titmus
vision equipment incorporating far point, near point, stereo depth and
color, with report;
3.8.2.9 Hearing evaluation. Physician administered electronic tuning-
fork examination or a complete audiogram performed by a hearing
conservationist, on an audiometer that meets current U.S. Department
of Labor, Occupational Safety & Health Administration (OSHA)
guidelines, with report;
3.8.2.10 Chest x-ray. Posterior/Anterior (PA) with reading by a board
certified radiologist; and,
3.8.2.11 Provide a police training commission's medical certification
form, PTC-8a rev. 7/89, signed by the examining physician indicating
the candidate's medical fitness to participate in training.
3.9 The contractor examining physician shall be available for
testimony should an applicant appeal a medical failure to the
Department of Personnel medical review panel, Office of Administrative
Law or appellate court. This service is to be included in any initial
price quotation for a medical examination. No additional fees will be
paid beyond the initial examination amount.
As a result of the stringency of current medical standards,
DOC has been sustaining a great rate of rejection of candidates on
medical grounds, i.e., 35-50 %. However, many of the causes for
rejection are correctable with medical treatment, should the applicant
choose to procure it. If a medical problem is corrected, the
candidate can be reconsidered for the position sought.
4.0 PROPOSAL PREPARATION and SUBMISSION
4.1 General
The bidder must follow instructions contained in this RFP and in the
bid cover sheet in preparing and submitting its bid proposal. The
bidder is advised to thoroughly read and follow all instructions.
The information required to be submitted in response to this RFP has
been determined to be essential in the bid evaluation and contract
award process. Any qualifying statements made by the bidder to the
RFP'S requirements could result in a determination that the bidder's
proposal is materially non-responsive. Each bidder is given wide
latitude in the degree of detail it elects to offer or the extent to
which plans, designs, systems, processes and procedures are revealed.
Each bidder is cautioned, however, that insufficient detail may result
in a determination that the bid proposal is materially non-responsive
or, in the alternative, may result in a low technical score being
given to the bid proposal.
The bidder is instructed to clearly identify any requirement of this
RFP that the bidder cannot satisfy.
4.2 Proposal Delivery and Identification
In order to be considered, a bid proposal must arrive at the Purchase
Bureau in accordance with the instructions on the RFP cover sheet.
Bidders submitting proposals are cautioned to allow adequate delivery
time to ensure timely delivery of proposals. State regulation
mandates that late proposals are ineligible for consideration. The
exterior of all bid proposal packages must be labeled with the bid
identification number, final bid opening date and the buyer's name.
All of this information is set forth at the top of the RFP cover
sheet.
4.3 Number of Bid Proposal Copies
Each bidder must submit one (1) complete ORIGINAL bid proposal,
clearly marked as the "ORIGINAL" bid proposal. Each bidder must
submit six (6) full, complete and exact copies of the original. The
copies required are necessary in the evaluation of your bid. Bidders
failing to provide the required number of copies will be charged the
cost incurred by the State in producing the required number of copies.
It is suggested that the bidder make and retain a copy of its bid
proposal.
4.4 Proposal Content
The proposal should be submitted in one volume and that volume divided
into four (4) Sections as follows:
4.4.1 Section 1 - Forms
4.4.1.1 Ownership Disclosure Form
In the event the bidder is a corporation or partnership, the bidder
must complete the attached Ownership Disclosure Form. A completed
Ownership Disclosure Form must be received prior to or accompanying
the bid. Failure to do so will preclude the award of the contract.
4.4.1.2 MacBride Principles Certification
The bidder must complete the attached MacBride Principles
Certification evidencing compliance with the MacBride Principles.
Failure to do so may result in the award of the contract to another
vendor.
4.4.1.3 Affirmative Action
The bidder must complete the attached Affirmative Action Employee
Information Report, or, in the alternative, supply either a New Jersey
Affirmative Action Certificate or evidence that the bidder is
operating under a Federally approved or sanctioned affirmative action
program. The requirement is a precondition to entering into a valid
and binding contract.
4.4.1.4 Set-Aside Contracts
Not applicable to this procurement
4.4.1.5 Bid Bond
Not applicable to this procurement
4.4.2 Section 2 - Technical Proposal
In this Section, the bidder shall describe its approach and plans for
accomplishing the work outlined in the Scope of Work Section, i.e.,
Section 3.0. The bidder must set forth its understanding of the
requirements of this RFP and its ability to successfully complete the
contract. This Section of the proposal should contain at least the
following information:
4.4.2.1 Management Overview
The bidder shall set forth its overall technical approach and plans to
meet the requirements of the RFP in a narrative format. This
narrative should convince the State 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. This narrative should convince the State that
the bidder's general approach and plans to undertake and complete the
contract are appropriate to the tasks and subtasks involved.
Mere reiterations of RFP tasks and subtasks are strongly discouraged
as they do not provide insight into the bidder's ability to complete
the contract. The bidder's response to this Section should be
designed to convince the State that the bidder's detailed plans and
approach proposed to complete the Scope of Work are realistic,
attainable and appropriate and that the bidder's proposal will lead to
successful contract completion.
4.4.2.2 Contract Management
The bidder should describe its specific plans to manage control and
supervise the contract to ensure satisfactory contract completion
according to the required schedule. The plan should include the
bidder's approach to communicate with the State Contract Manager
including, but not limited to, status meetings, status reports, etc.
4.4.2.3 Contract Schedule
The bidder should include a contract schedule. If key dates are a
part of this RFP, the bidder's schedule should incorporate such key
dates and should identify the completion date for each task and sub-
task required by the Scope of Work. Such schedule should also
identify the associated deliverable item(s) to be submitted as
evidence of completion of each task and/or subtask.
The bidder should identify the contract scheduling and control
methodology to be used and should provide the rationale for choosing
such methodology. The use of Gantt, Pert or other charts is at the
option of the bidder.
4.4.2.4 Mobilization And Implementation Plan
Not applicable to this procurement
4.4.2.5 Potential Problems
The bidder should set forth a summary of any and all problems that the
bidder anticipates during the term of the contract. For each problem
identified, the bidder should provide its proposed solution.
4.4.3 Section 3 - Organizational Support and Experience
The bidder should include information relating to its organization,
personnel, and experience, including, but not limited to, references,
together with contact names and telephone numbers, evidencing the
bidder's qualifications, and capabilities to perform the services
required by this RFP.
Bids will only be considered from professional associations in which a
licensed physician owns the controlling interest, or from an
individual licensed physician. All bidders must be in good standing
with the New Jersey State Board of Medical Examiners and all other
governing boards and professional affiliations with applicable
jurisdiction.
4.4.3.1 Location
The bidder should include the location of the bidder's office that
will be responsible for managing the contract. The bidder should
include the telephone number and name of the individual to contact.
4.4.3.2 Organization Chart (Contract Specific)
The bidder should include a contract organization chart, with names
showing management, supervisory and other key personnel (including
subcontractor's management, supervisory or other key personnel) to be
assigned to the contract. The chart should include the labor category
and title of each such individual.
4.4.3.3 Resumes
Detailed resumes should be submitted for all management, supervisory
and key personnel to be assigned to the contract. Resumes should be
structured to emphasize relevant qualifications and experience of
these individuals in successfully completing contracts of a similar
size and scope to those required by this RFP. Resumes should clearly
identify previous experience in completing similar contracts.
Beginning and ending dates should be given for each similar contract.
A description of the contract should be given and should demonstrate
how the individual's work on the completed contract relates to the
individual's ability to contribute to the successfully providing the
services required by this RFP. With respect to each similar contract,
the bidder should include the name and address of each reference
together with a person to contact for a reference check and a
telephone number.
In the event the bidder must hire or otherwise engage management,
supervisory and/or key personnel if awarded the contract, the bidder
should include a recruitment plan for such personnel. Such
recruitment plan should demonstrate that the bidder will be able to
initiate and complete the contract within the time frame required by
this RFP.
The bidder shall document its ability to provide New Jersey licensed,
experienced practitioners including, but not limited to, physicians,
X-ray technicians, audiologists, registered nurses (RNs),
phlebotomists, and other technicians.
4.4.3.4 Backup Staff
The bidder should include a list of backup staff that may be called
upon to assist or replace primary individuals assigned. Backup staff
must be clearly identified as backup staff.
In the event the bidder must hire management, supervisory and/or key
personnel if awarded the contract, the bidder should include, as part
of its recruitment plan, a plan to secure backup staff in the event
personnel initially recruited need assistance or must be replaced
during the contract term.
4.4.3.5 Organization Chart (Entire Firm)
The bidder should include an organization chart showing the bidder's
entire organizational structure. This chart should show the
relationship of the individuals assigned the contract to the bidder's
overall organizational structure.
4.4.3.6 Experience of Bidder on Contracts of Similar Size and Scope
The bidder should provide a comprehensive listing of contracts of
similar size and scope that it has successfully completed, as evidence
of the bidder's ability to successfully complete the services required
by this RFP. Emphasis should be placed on contracts that are similar
in size and scope to those required by this RFP. A description of all
such contracts should be included and should show how such contracts
relate to the ability of the firm to complete the services required by
this RFP. For each such contract, the bidder should provide the name
and telephone number of a contact person for the other contract party.
Beginning and ending dates should also be given for each contract.
4.4.3.7 Financial Capability of the Bidder
The bidder should provide proof its financial capacity and
capabilities to undertake and successfully complete the contract. A
certified financial statement for the most recent fiscal year and
current bank reference(s) are acceptable.
4.4.3.8 Subcontractor(s)
4.4.3.8.1 Should the bidder propose to utilize a subcontractor(s) to
fulfill any of its obligations, the bidder shall be responsible for
the subcontractor's(s'): (a) performance; (b) compliance with all of
the terms and conditions of the contract; and (c) compliance with the
requirements of all applicable laws.
4.4.3.8.2 The bidder must provide a detailed description of services
to be provided by each subcontractor, referencing the applicable
Section or Subsection of this RFP.
4.4.3.8.3 The bidder should provide detailed resumes for each
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 designated to perform.
4.4.3.8.4 The bidder should provide documented experience to
demonstrate that each subcontractor has successfully performed work on
contracts of a similar size and scope to the work that the
subcontractor is designated to perform in the bidder's proposal.
4.4.4 Section 4 - Cost Proposal
The bidder must submit all requested pricing information. Failure to
submit all requested pricing information may result in the bidder's
proposal being considered materially non-responsive. Each bidder must
hold its price(s) firm through contract award.
5.0 CONTRACTUAL TERMS and CONDITIONS
5.1 Precedence of Contractual Terms and Conditions
The contract shall consist of this RFP, addendum to this RFP, the
contractor's bid proposal and the Division's Notice of Acceptance.
Unless specifically noted within this RFP, the Standard Terms and
Conditions take precedence over the Special Terms and Conditions.
In the event of a conflict between the provisions of this RFP,
including the Standard Terms and Conditions and the Special Terms and
Conditions, and any addendum to the RFP, the addendum shall govern.
In the event of a conflict between the provisions of this RFP,
including any addendum to this RFP, and the bidder's bid proposal, the
RFP and/or the addendum shall govern.
5.2 Performance Bond
Not applicable to this procurement
5.3 Reserved
5.4 Contract Term and Extension Option
The term of the contract shall be for a period of three (3) years.
The anticipated "Contract Effective Date" is provided on the cover
sheet of this RFP. If delays in the bid process result in an
adjustment of the anticipated Contract Effective Date, the bidder
agrees to accept a contract for the full term of the contract. The
contract may be extended for an additional two (2) periods of one (1)
year or portion thereof, by mutual written consent of the contractor
and the Director at the same terms and conditions. Prices shall be
those quoted for the third year.
5.5 Contract Transition
In the event services end by either contract expiration or
termination, it shall be incumbent upon the contractor to continue
services, if requested by the Director, until new services can be
completely operational. The contractor acknowledges its
responsibility to cooperate fully with the replacement contractor and
the State to ensure a smooth and timely transition to the replacement
contractor. Such transitional period shall not extend more than
ninety (90) days beyond the expiration date of the contract, or any
extension thereof. The contractor will be reimbursed for services
during the transitional period at the rate in effect when the
transitional period clause is invoked by the State.
5.6 Availability of Funds
The State's obligation to pay the contractor is contingent upon the
availability of appropriated funds from which payment for contract
purposes can be made. No legal liability on the part of the State for
payment of any money shall arise unless funds are made available each
fiscal year to the Using Agency by the Legislature.
5.7 Contract Amendment
Any changes or modifications to the terms of the contract shall only
be valid when they have been reduced to writing and executed by the
contractor and the Director.
5.8 Contractor Responsibilities
The contractor shall have sole responsibility for the complete effort
specified in the contract. Payment will be made only to the
contractor. The contractor shall have sole responsibility for all
payments due any subcontractor.
The contractor is responsible for the professional quality, technical
accuracy and timely completion and submission of all deliverables,
services or commodities required to be provided under the contract.
The contractor shall, without additional compensation, correct or
revise any errors, omissions, or other deficiencies in its
deliverables and other services. The approval of deliverables
furnished under this contract shall not in any way relieve the
contractor of responsibility for the technical adequacy of its work.
The review, approval, acceptance or payment for any of the services
shall not be construed as a waiver of any rights that the State may
have arising out of the contractor's performance of this contract.
5.9 Substitution of Staff
If it becomes necessary for the contractor to substitute any
management, supervisory or key personnel, the contractor will identify
the substitute personnel and the work to be performed.
The contractor must provide detailed justification documenting the
necessity for the substitution. Resumes must be submitted evidencing
that the individual(s) proposed as substitution(s) have qualifications
and experience equal to or better than the individual(s) originally
proposed or currently assigned.
The contractor shall forward a request to substitute staff to the
State's Contract Manager for consideration and approval. No
substitute personnel are authorized to begin work until the contractor
has received written approval to proceed from the State Contract
Manager.
5.10 Substitution or Addition of Subcontractor(s)
This Subsection serves to supplement but not to supersede Section 3.11
of the Standard Terms and Conditions of this RFP.
If it becomes necessary for the contractor to substitute and/or add a
subcontractor, the contractor will identify the proposed new
subcontractor and the work to be performed. The contractor must
provide detailed justification documenting the necessity for the
substitution or addition.
The contractor must provide detailed resumes 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.
In the event a subcontractor is proposed as a substitution, the
proposed subcontractor must equal or exceed the qualifications and
experience of the subcontractor being replaced. In the event the
subcontractor is proposed as an addition, the proposed subcontractor's
qualifications and experience must equal or exceed that of similar
personnel proposed by the contractor in its bid proposal.
The contractor shall forward a written request to substitute or add a
subcontractor to the State Contract Manager for consideration. If the
State Contract Manager approves the request, the State Contract
Manager will forward the request to the Director for final approval.
No substituted or additional subcontractors are authorized to begin
work until the contractor has received written approval from the
Director.
5.11 Ownership of Material
Not applicable to this procurement
5.12 Data Confidentiality
All financial, statistical, personnel and/or technical data supplied
by the State to the contractor are confidential. The contractor is
required to use reasonable care to protect the confidentiality of such
data. Any use, sale or offering of this data in any form by the
contractor, or any individual or entity in the contractor's charge or
employ, will be considered a violation of this contract and may result
in contract termination and the contractor's suspension or debarment
from State contracting. In addition, such conduct may be reported to
the State Attorney General for possible criminal prosecution.
5.13 News Releases
The contractor is not permitted to issue news releases pertaining to
any aspect of the services being provided under this contract without
the prior written consent of the Director.
5.14 Advertising
The contractor shall not use the State's name, logos, images, or any
data or results arising from this contract as a part of any commercial
advertising without first obtaining the prior written consent of the
Director.
5.15 Licenses and Permits
The contractor shall obtain and maintain in full force and effect all
required licenses, permits, and authorizations necessary to perform
this contract. The contractor shall supply the State's Contract
Manager with evidence of all such licenses, permits and
authorizations. This evidence shall be submitted subsequent to the
contract award. All costs associated with any such licenses, permits
and authorizations must be considered by the bidder in its bid
proposal.
5.16 Claims and Remedies
5.16.1 Claims
The following shall govern claims made by the contractor regarding
contract award recision, contract interpretation, contractor
performance and/or suspension or termination.
Final decisions concerning all disputes relating to contract award
recision, contract interpretation, contractor performance and/or
contract reduction, suspension or termination are to be made in a
manner consistent with N.J.A.C. 17:12-1.1, et seq. The Director's
final decision shall be deemed a final agency action reviewable by the
Superior Court of New Jersey, Appellate Division.
All claims asserted against the State by the contractor shall be
subject to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq.,
and/or the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1, et
seq. However, any claim against the State relating to a final
decision by the Director regarding contract award recision, contract
interpretation, contractor performance and/or contract reduction,
suspension or termination shall not accrue, and the time period for
performing any act required by N.J.S.A. 59:8-8 or 59:13-5 shall not
commence, until a decision is rendered by the Superior Court of New
Jersey, Appellate Division (or by the Supreme Court of New Jersey, if
appealed) that such final decision by the Director was improper.
5.16.2 Remedies
Nothing in the contract shall be construed to be a waiver by the State
of any warranty, expressed or implied, or any remedy at law or equity,
except as specifically and expressly stated in a writing executed by
the Director.
5.17 Late Delivery
The contractor must immediately advise the State Contract Manager of
any circumstance or event that could result in late completion of any
task or subtask called for to be completed on a date certain.
Notification must also be provided to the Director at the address
below:
The State of New Jersey
Director, Division of Purchase and Property
Purchase Bureau
PO Box 230
33 West State St.
Trenton, New Jersey 08625-0230
If the contractor cannot meet the contract completion date for any
task or subtask required to be completed by a date certain, the
contractor shall be liable to the State for damages incurred.
5.18 Retainage
The amount of retainage is noted on the RFP cover sheet. The Using
Agency shall retain the stated percentage of each invoice submitted.
At the end of each three (3) month period, the Using Agency shall
review the contractor's performance. If performance has been
satisfactory, the Using Agency shall release 90% of the retainage for
the preceding three-(3) month period. Following certification by the
State Contract Manager that all services have been satisfactorily
performed, the balance of the retainage shall be released to the
contractor.
5.19 State's Option to Reduce Scope of Work
The State has the option, in its sole discretion, to reduce the scope
of work for any task or subtask called for under this contract. In
such an event, the Director shall provide advance written notice to
the contractor.
Upon receipt of such written notice, the contractor will submit,
within five (5) working days to the Director and the State Project
Manager, an itemization of the work effort already completed by task
or subtask. The contractor shall be compensated for such work effort
according to the applicable portions of its cost proposal.
5.20 Suspension of Work
The State Contract Manager may, for valid reason, issue a stop order
directing the contractor to suspend work under the contract for a
specific time. The contractor shall be paid until the effective date
of the stop order. The contractor shall resume work upon the date
specified in the stop order, or upon such other date as the State
Contract Manager may thereafter direct in writing. The period of
suspension shall be deemed added to the contractor's approved schedule
of performance. The Director and the contractor shall negotiate an
equitable adjustment, if any, to the contract price.
5.21 Change in Law
Whenever an unforeseen change in applicable law or regulation affects
the services that are the subject of this contract, the contractor
shall advise the State Contract Manager and the Director in writing
and include in such written transmittal any estimated increase or
decrease in the cost of its performance of the services as a result of
such change in law or regulation. The Director and the contractor
shall negotiate an equitable adjustment, if any, to the contract
price.
5.22 Additional Work and/or Special Projects
The contractor shall not begin performing any additional work or
special projects without first obtaining written approval from both
the State Contract Manager and the Director.
In the event of additional work and/or special projects, the
contractor must present a written proposal to perform the additional
work to the State Contract Manager. The proposal should provide
justification for the necessity of the additional work. The
relationship between the additional work and the base contract work
must be clearly established by the contractor in its proposal.
The contractor's written proposal must provide a detailed description
of the work to be performed broken down by task and subtask. The
proposal should also contain details on the level of effort, including
hours, labor categories, etc., necessary to complete the additional
work.
The written proposal must detail the cost necessary to complete the
additional work in a manner consistent with the contract. The written
cost proposal must be based upon the hourly rates, unit costs or other
cost elements submitted by the contractor in the contractor's original
bid proposal submitted in response to this RFP. Whenever possible,
the cost proposal should be a firm, fixed cost to perform the required
work. The firm fixed price should specifically reference and be tied
directly to costs submitted by the contractor in its original bid
proposal. A payment schedule, tied to successful completion of tasks
and subtasks, must be included.
Upon receipt and approval of the contractor's written proposal, the
State Contract Manager shall forward same to the Director for the
Director's written approval. Complete documentation from the Using
Agency, confirming the need for the additional work, must be
submitted. Documentation forwarded by the State Contract Manager to
the Director must all include all other required State approvals, such
as those that may be required from the State of New Jersey's Office of
Management and Budget (OMB) and Office of Information and Technology
(OIT).
No additional work and/or special project may commence without the
Director's written approval. In the event, the contractor proceeds
with additional work and/or special projects without the Director's
written approval, it shall be at the contractor's sole risk. The
State shall be under no obligation to pay for work done without the
Director's written approval.
5.23 Form of Compensation and Payment
This Section supplements Section 4.5 of the RFP's Standard Terms and
Conditions. The contractor must submit official State invoice forms
to the Using Agency with supporting documentation evidencing that work
for which payment is sought has been satisfactorily completed.
Invoices must reference the tasks or subtasks detailed in the Scope of
Work section of the RFP and must be in strict accordance with the
firm, fixed prices submitted for each task or subtask on the RFP
pricing sheets. When applicable, invoices should reference the
appropriate RFP price sheet line number from the contractor's bid
proposal. All invoices must be approved by the State Contract Manager
before payment will be authorized.
Invoices must also be submitted for any special projects, additional
work or other items properly authorized and satisfactorily completed
under the contract. Invoices shall be submitted according to the
payment schedule agreed upon when the work was authorized and
approved. Payment can only be made for work when it has received all
required written approvals and has been satisfactorily completed.
Payment to Contractor - Optional Method
The State of New Jersey now offers State contractors the opportunity
to be paid through the VISA procurement card (p-card). A contractor's
acceptance and a State agency's use of the p-card, however, is
optional.
P-card transactions do not require the submission of either a
contractor invoice or a State payment voucher. Purchasing
transactions using the p-card will usually result in payment to a
contractor in three days.
A contractor should take note that there will be a transaction-
processing fee for each p-card transaction. To participate, a
contractor must be capable of accepting the VISA card. Additional
information can be obtained from banks or merchant service companies.
5.24 Year 2000 Compliance
Not applicable to this Procurement
5.25 Contract Activity Report
In conjunction with the standard record keeping requirements of this
contract, as listed in paragraph 3.19 of this RFP's standard terms and
conditions, contractor(s) must provide, on a calendar quarter basis,
to the Purchase Bureau buyer assigned, a record of all purchases made
under their contract award resulting for this Request for Proposal.
This includes purchases made by all using agencies including the State
and political sub-divisions thereof. This reporting requirement
includes sales to State using agencies and, if permitted under the
terms of the contract, sales to counties, municipalities, school
districts, volunteer fire departments, first aid squads and rescue
squads, and independent institutions of higher education. The
requirement also includes sales to State and County Colleges and
Quasi-State Agencies. Quasi-State Agencies include any agency,
commission, board, authority or other such governmental entity which
is established and is allocated to a State department or any bi-state
governmental entity of which the State of New Jersey is an member.
This information must be provided in a tabular format such that an
analysis can be made to determine the following:
-Contractor's total sales volume under contract, subtotaled by
product.
-Contractor's total sales volume to each purchaser under the contract,
subtotaled by product, including, if applicable, catalog number and
description, price list with appropriate page reference and/or
contract discount applied
Submission of purchase orders, confirmations, and/or invoices do not
fulfill this contract requirement for information.
Contractors are strongly encouraged to submit the required information
in electronic spreadsheet format. The Purchase Bureau uses Microsoft
Excel.
Failure to report this mandated information will be a factor in future
award decisions.
6.0 PROPOSAL EVALUATION/CONTRACT AWARD
6.1 Proposal Evaluation Committee
Proposals may be evaluated by an Evaluation Committee composed of
members of affected departments and agencies together with
representative(s) from the Purchase Bureau. Representatives from
other governmental agencies may also serve on the Evaluation
Committee. On occasion, the Evaluation Committee may choose to make
use of the expertise of outside consultant in an advisory role.
6.2 Oral Presentation and/or Clarification of Proposal
A bidder may be required to give an oral presentation to the
Evaluation Committee concerning its bid proposal. The Evaluation
Committee may also require a bidder to submit written responses to
questions regarding its bid proposal.
The purpose of such communication with a bidder, either through an
oral presentation or a letter of clarification, is to provide an
opportunity for the bidder to clarify or elaborate on its bid
proposal. Original bid proposals submitted, however, cannot be
supplemented, changed, or corrected in any way. No comments regarding
other bid proposals are permitted. Bidders may not attend
presentations made by their competitors.
It is within the Evaluation Committee's discretion whether to require
a bidder to give an oral presentation or require a bidder to submit
written responses to questions regarding its bid proposal. Action by
the Evaluation Committee in this regard should not be construed to
imply acceptance or rejection of a bid proposal. The Purchase Bureau
buyer will be the sole point of contact regarding any request for an
oral presentation or clarification.
6.3 Evaluation Criteria
The following evaluation criteria categories, not necessarily listed
in order of significance, will be used to evaluate bid proposals
received in response to this RFP. The evaluation criteria categories
may be used to develop more detailed evaluation criteria to be used in
the evaluation process:
6.3.1 The bidder's general approach and plans in meeting the
requirements of this RFP.
6.3.2 The bidder's detailed approach and plans to perform the
services required by the Scope of Work Section of this RFP.
6.3.3 The bidder's documented experience in successfully completing
contracts of a similar size and scope to those required by this RFP.
6.3.4 The qualifications and experience of the bidder's management,
supervisory or other key personnel assigned to the contract, with
emphasis on documented experience in successfully completing work on
contracts of similar size and scope to those required by this RFP.
6.3.5 The overall ability of the bidder to mobilize, undertake and
successfully complete the contract. This judgment will include, but
not be limited to the following factors: the number and
qualifications of management, supervisory and other staff proposed by
the bidder to complete the contract, the availability and commitment
to the contract of the bidder's management, supervisory and other
staff proposed and the bidder's contract management plan, including
the bidder's contract organizational chart.
6.3.6 The bidder's Cost Proposal
6.4 Contract Award
The contract shall be awarded with reasonable promptness by written
notice to that responsible bidder whose bid, conforming to this RFP,
will be most advantageous to the State, price and other factors
considered. Any or all bids may be rejected when the State Treasurer
or the Director of the Division of Purchase and Property determines
that it is in the public interest so to do.
7.0 Bidder Data Sheets Bidder(s)' Capabilities, Organizational
Support and Experience/Technical Proposal
Not applicable to this procurement
8.0 Price Sheet(s) and Supporting Detail
Not applicable to this procurement
9.0 Exhibits/Attachments
Not applicable to this procurement
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