Request for Proposal 09-X-38407 For: Medicaid MIS Replacement Planning and Independent Verification and Validation Event Date Time Bidder’s Electronic Question Due Date (Refer to RFP Section 1.3.1 for more information.) December 19, 2008 5:00 PM Optional Pre-bid Conference (Refer to RFP Section 1.3.3 for more information.) TBD Mandatory Site Visit Not Applicable Bid Submission Due Date (Refer to RFP Section 1.3.2 for more information.) February 6, 2009 2:00 PM Dates are subject to change. All changes will be reflected in Addenda to the RFP posted on the Division of Purchase and Property website. Small Business Set-Aside (Refer to RFP Section 4.4.2.2 for more information.) Status Not Applicable Entire Contract Partial Contract Subcontracting Only Category I II III RFP Issued By Using Agency State of New Jersey State of New Jersey Department of the Treasury Department of Human Services Division of Purchase and Property Division of Medical Assistance and Trenton, New Jersey 08625-0230 Health Services Trenton, New Jersey 08625-0712 Date : November 19, 2008
Transcript
Request for Prop
For: Medicaid MIS Independent
Event
Bidder’s Electronic Question Due D(Refer to RFP Section 1.3.1 for more informati
Optional Pre-bid Conference (Refer to RFP Section 1.3.3 for more informati
Mandatory Site Visit
Bid Submission Due Date (Refer to RFP Section 1.3.2 for more informati
Dates are subject to change. All changesDivision of Purchase and Property webs
Small Business Set-Aside
(Refer to RFP Section 4.4.2.2 for more information.)
No
En
Par
Sub
RFP Issued By State of New Jersey Department of the Treasury Division of Purchase and Property Trenton, New Jersey 08625-0230 Date: November 19, 2008
osal 09-X-38407
Replacement Planning and Verification and Validation
Date Time
ate on.)
December 19, 2008 5:00 PM
on.) TBD
Not Applicable
on.) February 6,
2009 2:00 PM
will be reflected in Addenda to the RFP posted on the ite.
Status t Applicable
tire Contract
tial Contract
contracting Only
Category I
II
III
Using Agency
State of New Jersey Department of Human Services Division of Medical Assistance and Health Services Trenton, New Jersey 08625-0712
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Table of Contents
1.0 INFORMATION FOR BIDDERS..................................................................................................................................................... 7 1.1 PURPOSE AND INTENT .......................................................................................................................................................... 7 1.2 BACKGROUND......................................................................................................................................................................... 7
1.2.1 MEDICAL ASSISTANCE AND HEALTH SERVICES........................................................................................................ 7 1.2.2 MEDICAID INFORMATION AND TECHNOLOGY ARCHITECTURE (MITA)................................................................... 9
1.3 KEY EVENTS .......................................................................................................................................................................... 10 1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD ..................................................................................................... 10 1.3.2 SUBMISSION OF BID PROPOSAL ................................................................................................................................ 11 1.3.3 OPTIONAL PRE-BID CONFERENCE ............................................................................................................................ 11
3.3 REVIEW OF EMMIS, OPERATIONS AND DOCUMENTS.................................................................................................... 22 3.4 MITA ASSESSMENT .............................................................................................................................................................. 23
3.4.2 IDENTIFICATION OF GOALS AND OBJECTIVES ........................................................................................................ 23 3.4.3 AS-IS ASSESSMENT ..................................................................................................................................................... 23 3.4.4 TO-BE ASSESSMENT.................................................................................................................................................... 24
3.5 GAP ANALYSES ..................................................................................................................................................................... 25 3.5.1 TECHNICAL GAP ANALYSIS......................................................................................................................................... 25 3.5.2 BUSINESS GAP ANALYSIS ........................................................................................................................................... 26
3.6 REQUIREMENTS PLANS....................................................................................................................................................... 27 3.6.1 BUSINESS PROCESS REQUIREMENTS PLAN ........................................................................................................... 27 3.6.2 TECHNOLOGY REQUIREMENTS PLAN....................................................................................................................... 27
3.9.1 PRESENTATION OF FINAL CAPSTONE REPORT ...................................................................................................... 30 3.10 PROCUREMENT AND SELECTION OF PROJECT STEP 2 CONTRACTOR..................................................................... 31
3.10.1 DRAFT REQUEST FOR INFORMATION (RFI) FOR PROJECT STEP 2 .................................................................... 31
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3.10.2 PROCUREMENT OF PROJECT STEP 2 ..................................................................................................................... 31 3.10.3 PROPOSAL EVALUATION PLAN (PEP) AND ASSOCIATED CRITERIA ................................................................... 34 3.10.4 IMPLEMENTATION CONTRACTOR SELECTION PROCESS .................................................................................... 34
4.0 BID PROPOSAL PREPARATION AND SUBMISSION............................................................................................................... 39 4.1 GENERAL ............................................................................................................................................................................... 39 4.2 BID PROPOSAL DELIVERY AND IDENTIFICATION............................................................................................................. 39 4.3 NUMBER OF BID PROPOSAL COPIES................................................................................................................................. 39 4.4 BID PROPOSAL CONTENT ................................................................................................................................................... 39
4.4.1 FORMS THAT MUST BE SUBMITTED WITH BID PROPOSAL .................................................................................... 40 4.4.2 PROOFS OF REGISTRATION THAT MUST BE SUBMITTED WITH THE BID PROPOSAL........................................ 41 4.4.3 FORMS THAT MUST BE SUBMITTED BEFORE CONTRACT AWARD AND SHOULD BE SUBMITTED WITH THE BID PROPOSAL....................................................................................................................................................................... 41 4.4.4 TECHNICAL PROPOSAL ............................................................................................................................................... 42 4.4.5 ORGANIZATIONAL SUPPORT AND EXPERIENCE ..................................................................................................... 44 4.4.6 PRICE SCHEDULE......................................................................................................................................................... 46
5.0 SPECIAL CONTRACTUAL TERMS AND CONDITIONS............................................................................................................ 47 5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS........................................................................ 47 5.2 CONTRACT TERM AND EXTENSION OPTION .................................................................................................................... 47 5.3 CONTRACT TRANSITION...................................................................................................................................................... 47 5.4 CONTRACT AMENDMENT .................................................................................................................................................... 47 5.5 CONTRACTOR RESPONSIBILITIES ..................................................................................................................................... 48 5.6 SUBSTITUTION OF STAFF.................................................................................................................................................... 48 5.7 SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S) ................................................................................................. 48 5.8 OWNERSHIP OF MATERIAL ................................................................................................................................................. 49 5.9 DATA CONFIDENTIALITY ...................................................................................................................................................... 49 5.10 NEWS RELEASES................................................................................................................................................................ 49 5.11 ADVERTISING ...................................................................................................................................................................... 49 5.12 LICENSES AND PERMITS ................................................................................................................................................... 50 5.13 CLAIMS AND REMEDIES..................................................................................................................................................... 50
5.13.1 CLAIMS......................................................................................................................................................................... 50 5.13.2 REMEDIES.................................................................................................................................................................... 50 5.13.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS .................................... 50
5.14 LATE DELIVERY................................................................................................................................................................... 50 5.15 RETAINAGE 10 %................................................................................................................................................................. 50 5.16 STATE'S OPTION TO REDUCE SCOPE OF WORK ........................................................................................................... 51 5.17 SUSPENSION OF WORK..................................................................................................................................................... 51 5.18 CHANGE IN LAW.................................................................................................................................................................. 51 5.19 CONTRACT PRICE INCREASE (PREVAILING WAGE) ...................................................................................................... 51 5.20 PUBLIC WORKS CONTRACT-ADDITIONAL AFFIRMATIVE ACTION REQUIREMENT .................................................... 51 5.21 ADDITIONAL WORK AND/OR SPECIAL PROJECTS ......................................................................................................... 52 5.22 FORM OF COMPENSATION AND PAYMENT..................................................................................................................... 53
5.22.1 PAYMENT TO CONTRACTOR - OPTIONAL METHOD............................................................................................... 53 5.23 MODIFICATIONS AND CHANGES TO THE NJ STANDARD TERMS AND CONDITIONS VERSION 07/27/07 ................ 53
5.23.1 PATENT AND COPYRIGHT INDEMNITY .................................................................................................................... 53 5.23.2 INDEMNIFICATION ...................................................................................................................................................... 54 5.23.3 INSURANCE - PROFESSIONAL LIABILITY INSURANCE .......................................................................................... 54
6.4 NEGOTIATION AND BEST AND FINAL OFFER (BAFO)....................................................................................................... 56 7.0 CONTRACT AWARD................................................................................................................................................................... 58
7.1 DOCUMENTS REQUIRED BEFORE CONTRACT AWARD .................................................................................................. 58 7.1.1 REQUIREMENTS OF N.J.S.A. 19:44A-20.13-25 (FORMERLY EXECUTIVE ORDER 134).......................................... 58 7.1.2 SOURCE DISCLOSURE REQUIREMENTS................................................................................................................... 60
7.2 FINAL CONTRACT AWARD ................................................................................................................................................... 60 7.3 INSURANCE CERTIFICATES ................................................................................................................................................ 60 7.4 PERFORMANCE BOND ......................................................................................................................................................... 60
8.1.1 STATE CONTRACT MANAGER RESPONSIBILITIES................................................................................................... 61 8.1.2 COORDINATION WITH THE STATE CONTRACT MANAGER ..................................................................................... 61
IMPORTANT NOTICE - NEW “PAY-TO-PLAY” RESTRICTIONS TO TAKE EFFECT NOVEMBER 15, 2008
Note: This is for informational purposes only. Certification is to be completed upon award.
Governor Jon S. Corzine recently signed Executive Order No. 117, which is designed to enhance New Jersey’s efforts to protect the integrity of government contractual decisions and increase the public’s confidence in government. The Executive Order builds on the provisions of P.L. 2005, c. 51 (“Chapter 51”), which limits contributions to certain political candidates and committees by for-profit business entities that are, or seek to become, State government vendors. Executive Order No. 117 extends the provisions of Chapter 51 in two ways: 1. The definition of “business entity” is revised and expanded so that contributions by the following individuals also are
considered contributions attributable to the business entity:
• Officers of corporations and professional services corporations, with the term “officer” being defined in the same manner as in the regulations of the Election Law Enforcement Commission regarding vendor disclosure requirements (N.J.A.C. 19:25-26.1), with the exception of officers of non-profit entities;
• Partners of general partnerships, limited partnerships, and limited liability partnerships and members of limited liability
companies (LLCs), with the term “partner” being defined in the same manner as in the regulations of the Election Law Enforcement Commission regarding vendor disclosure requirements (N.J.A.C. 19:25-26.1); and
• Spouses, civil union partners, and resident children of officers, partners, LLC members and persons owning or controlling
10% or more of a corporation’s stock are included within the new definition, except for contributions by spouses, civil union partners, or resident children to a candidate for whom the contributor is eligible to vote or to a political party committee within whose jurisdiction the contributor resides.
2. Reportable contributions (those over $300.00 in the aggregate) to legislative leadership committees, municipal political
party committees, and candidate committees or election funds for Lieutenant Governor are disqualifying contributions in the same manner as reportable contributions to State and county political party committees and candidate committees or election funds for Governor have been disqualifying contributions under Chapter 51.
Executive Order No. 117 applies only to contributions made on or after November 15, 2008, and to contracts executed on or after November 15, 2008.
Updated forms and materials are currently being developed and will be made available on the website as soon as they are available. In the meantime, beginning November 15, 2008, prospective vendors will be required to submit, in addition to the currently required Chapter 51 and Chapter 271 forms, the Certification of Compliance with Executive Order No. 117. The
Certification of Compliance form for Executive Order No. 117 can be found here: http://www.state.nj.us/treasury/purchase/forms/EO_117_NOTICE.doc
SET-ASIDE SUBCONTRACTING GOALS FOR REGISTERED SMALL BUSINESSES N.J.S.A 52:32-17, N.J.A.C. 17:13, 12A:10
This is a contract with set-aside subcontracting goals for Small Businesses that are qualified as New Jersey Small Businesses by the Division of Small, Minority and Women Business Development. Bidders seeking qualified New Jersey Small Businesses as subcontractors should contact the Division of Small, Minority and Women Business Development.. The definitions of each Small Business set-aside category can be found at N.J.A.C. 17:13-1.2 or N.J.A.C. 12A:10-1.2. "Small Business" means a business that has its principal place of business in the State of New Jersey, is independently owned and operated, and has no more than 100 full-time employees. The new program places Small Business into the following categories: (I) those with gross revenues up to $500,000; (II) those with gross revenues of up to $5 million; and (III) those with gross revenues that do not exceed $12 million. While companies registered as having revenues below $500,000 can bid on any contract, those earning more than the $500,000 and $5 million amounts will not be permitted to bid on contracts designated for revenue classifications below their respective levels. The bidder, for each proposed subcontractor, should provide, as part of its response to this solicitation, proof of each qualified subcontractor’s current registration as a qualified Small Business with the Division of Small, Minority and Women Business Development. The subcontracting set-aside goal does not prevent bidders from proposing to perform work without subcontractors or from proposing to perform work with subcontractors that are not qualified Small Businesses, however, it is one factor, among many, used to determine the most advantageous bid to the State, price and other factors considered. Any business that seeks to register as a Small Business is required to submit a fee along with its application to Division of Small, Minority and Women Business Development.. All necessary forms, any additional information concerning registration and information regarding registered small businesses that you can use for subcontracting set-asides may be obtained by contacting the Division of Small, Minority and Women Business Development by telephone at the number below, or by mail, or in person between the hours of 9:00 am and 5:00 pm at the address below:
DIVISION OF SMALL, MINORITY AND WOMEN BUSINESS DEVELOPMENT 33 WEST STATE STREET - FIRST FLOOR
PO BOX 026, TRENTON, NJ 08625-0026
TELEPHONE: 609-292-2146 Checks to pay for the certification fee should be sent to: Division of Revenue Business Support Services Bureau PO Box 455 Trenton, NJ 08646
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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, Department of Human Services, Division of Medical Assistance and Health Services (DMAHS). The purpose of this RFP is to solicit bid proposals for the purpose of hiring a contractor to provide consulting services to guide and assist the State in: 1) a review of the existing New Jersey Medicaid Management Information System (eMMIS) for upgrade or replacement by performing a Medicaid Information Technology Architecture (MITA) State Self-Assessment (SS-A), 2) writing a subsequent RFP to procure a contractor (pContractor) to design, develop and implement a new NJ-MMIS (pMMIS), and 3) provide Independent Verification and Validation and Quality Assurance services on the pMMIS. 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. However, the State reserves the right to separately procure individual requirements that are the subject of the contract during the contract term, when deemed by the Director to be in the State’s best interest. Please note that the successful bidder awarded the contract resulting from this RFP, shall be ineligible to submit a bid proposal for all subsequent RFP(s) directly created through this procurement. Ineligibility shall also extend to any entity affiliated with the successful bidder including parent companies, subsidiaries, subcontractors, and entities owned in whole or in part or with close operational or financial ties. The NJ Standard Terms & Conditions version 07/27/07 will apply to all contracts or purchase agreements made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this RFP and should be read in conjunction with them unless the RFP specifically indicates otherwise. 1.2 BACKGROUND 1.2.1 MEDICAL ASSISTANCE AND HEALTH SERVICES Medicaid is the federal-state partnership created by congress in 1965 to finance health care services for the nation’s low income people. Originally Medicaid was designed to provide services to recipients of cash assistance through welfare programs. The program has expanded over time, most notably for women and children. Today most Medicaid clients are not on welfare. Since welfare reform in 1966, Medicaid is no longer linked to welfare and is now a health program. As measured by expenditures, Medicaid is the largest single health and long-term care program in the United States. As measured by enrollment, Medicaid provides health and long-term care coverage for more individuals in the US than any other program. Medicaid is the nation’s primary long term care program. In New Jersey, long-term care accounts for approximately 34 percent of Medicaid spending. New Jersey has participated in the program since 1970. Today, the New Jersey Medicaid program combined with State-funded health insurance programs, are the largest social services programs in State government with over one million individuals covered. Within DHS, DMAHS administers State and federally funded health insurance programs for certain groups of low and moderate income people. Generally, in order to qualify for Medicaid programs, an individual must be categorically or medically needy and financially eligible.
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Medicaid categories are limited to very low income families with dependent children, children to age 21, individuals age 65 and older, or individuals determined blind or disabled using the Social Security Administration criteria. According to those criteria, a person is considered to be permanently disabled if he or she is unable to engage in any substantial gainful activity by reason of a physical or mental impairment which can be expected to last for a period of at least one year. Individuals must also be a New Jersey resident and a citizen of the United States or lawfully admitted for permanent residence for a minimum of five (5) years or a qualified immigrant. Medical emergency payments for otherwise Medicaid eligible non-citizens are available for serious health problems treated in a hospital setting. The financial requirements vary for each program. Through these programs, and with an operating budget in State Fiscal Year 2008 of just over $10 billion, DMAHS serves more than one (1) million people. DMAHS has a staffing complement of approximately 575 working in the greater Trenton area and in Medical Assistance Customer Centers (MACCS) throughout the State. Health Insurance Programs Administered by DMAHS: New Jersey Medicaid is an entitlement program that provides health insurance to very low income individuals, couples, parents, children and people who are aged, blind or disabled. The program pays for hospital services, doctor visits, prescription drugs, nursing home care and many other healthcare needs. New Jersey Medicaid Managed Care Since 1995, most New Jersey Medicaid beneficiaries, including those in New Jersey Family Care (NJFC), have been enrolled in Managed Care. With Managed Care, beneficiaries are enrolled in an HMO that manages their healthcare and provides services in addition to the wide array of Medicaid health benefits to which they are entitled. A major benefit of enrolling in an HMO is that the beneficiaries can choose from among many physicians and other medical professionals who are part of the HMO’s network of healthcare providers. New Jersey Medicaid Traditional Fee-For-Service Some New Jersey Medicaid beneficiaries, including those who reside in institutions and those who receive both Medicare and Medicaid benefits, continue to receive traditional fee-for-service Medicaid. Physicians and other healthcare providers bill New Jersey Medicaid directly for their services. Within New Jersey Medicaid are also a number of special programs designed to meet the specific needs of certain groups of people who would not otherwise qualify for the program. These include:
a) Aid to Families with Dependent Children (AFDC); b) Medically Needy Programs for the Aged, Blind or Permanently Disabled; c) Medically Needy Program for Children and Pregnant Women; d) Medicaid Special Program for Children; e) Medical Emergency Payment Program for Aliens; f) Work First New Jersey/General Assistance (WFNJ/GA); g) Work First New Jersey/General Assistance-Couple (WFNJ/GA-Couple); h) Supplemental Security Income (SSI); i) New Jersey Care-Special Medicaid Programs; j) New Jersey WorkAbility Program; k) Breast and Cervical Cancer Medicaid; l) New Jersey Supplementary Prenatal Care Program (NJSPCP); m) Special Medicaid Program for Pregnant Women; n) Institutional Medicaid; o) Traumatic Brain Injury (TBI) Waiver;
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p) Assisted Living Waiver; q) Community Resources for People with Disabilities (CPRD); r) Enhanced Community Options (ECO) Waiver; s) Jersey Assistance for Community Caregiving (JACC); t) Caregiver Assistance Program (CAP); and u) Community Care Program for the Elderly and Disabled (CCPED).
State funded medical assistance programs include: a) Pharmaceutical Assistance to the Aged and Disabled (PAAD); b) Program and Senior Gold; c) Hearing Aid Assistance to the Aged and Disabled (HAAAD); d) New Jersey Family Care; e) Specified Low-Income Medicare Beneficiary (SLMB); f) New Jersey Hospital Care Payment Assistance Program (Charity Care); and g) AIDS Drug Distribution Program (ADDP).
Additionally, federally supported health care centers provide coverage to uninsured individuals on a sliding-fee basis. Since 1996, the Department of Health and Senior Services (DHSS) has administered all services and programs for senior beneficiaries with its Division of Disability Services administering the Home and Community-Based Services Waiver programs since July 1, 2001. 1.2.2 MEDICAID INFORMATION AND TECHNOLOGY ARCHITECTURE (MITA) The Medicaid Information and Technology Architecture (MITA) is a CMS initiative intended to stimulate an integrated business and Information Technology (IT) transformation affecting the Medicaid enterprise in all states. MITA will improve Medicaid program administration by aligning business processes and supporting technologies with national guidelines and standards. The MITA initiative includes an architecture framework, processes, and planning guidelines that enable State Medicaid enterprises to meet their objectives within the MITA Framework while still supporting unique local needs. The State Self-Assessment (SS-A) is a process that states use to review strategic goals and objectives, measure its current business processes and capabilities against MITA business capabilities, and to develop target capabilities to transform its Medicaid enterprise to be consistent with MITA principles. DMAHS is committed to replacing its eMMIS on the basis and concepts of the MITA initiative. Due to a variety of factors including the complexities in replacing eMMIS, experiences of other states with comparable Medicaid programs, federal requirements for enhanced funding and lack of staff needed to undertake a replacement effort on its own, DMAHS is pursuing replacing its eMMIS in a three step project: Project Step1, Planning – Obtain a contractor to, with State input and assistance, plan, conduct assessments and analysis of the eMMIS, perform a MITA SS-A, develop requirements and recommendations and obtain the pMMIS contractor to design, develop and implement the pMMIS and write the Advance Planning Document (ADP) and RFP. Project Step 2, Implementation – The pMMIS contractor designs, develops and implements (DDI) the pMMIS. Project Step 3, Independent Verification and Validations (IV&V) / Quality Assurance (QA) – Utilize the same contractor selected for Step 1 to perform the IV&V /QA of the pMMIS. This contractor shall be responsible for obtaining the certification of the pMMIS by CMS
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The pMMIS must be versatile enough in its architecture, structure and code to support current and evolving DMAHS business needs and meet federal certification requirements, be state-of-the-art, HIPAA compliant and designed to meet DMAHS requirements set forth by the MITA initiative. As CMS works to promulgate MITA with state Medicaid programs, it has created numerous working groups composed of CMS personnel and subject matter experts, many of them from state Medicaid programs. The working groups have identified approximately 75 business practices or steps within the MITA business process model that have been categorized into the following eight (8) domains: 1. Member Management 2. Provider Management 3. Contractor Management 4. Operations Management 5. Program Management 6. Care Management 7. Program Integrity Management 8. Business Relationship Management This RFP is to obtain a contractor to assist DMAHS with Steps 1 and 3 of its MMIS replacement project. Until DMAHS determines how it will replace the eMMIS, estimating time frames for Step 2 of the project is somewhat problematic. DMAHS estimates that Step 2 will take between two (2) and six (6) years. Time frame estimates for Step 3 of the project coincide with implementation of the pMMIS. It is understood that the time frames for assisting with certification can only occur after the pMMIS is fully implemented. While DMAHS is committed to replacing its eMMIS in a timely fashion it will not compromise either the planning for the pMMIS or the independent verification and validation of the pMMIS components to meet arbitrary deadlines. In addition, it is important for bidders to note that State and Federal policies are constantly changing and may alter the requirements of the pMMIS and impact the time frames for completing various activities. Bidders should also note that work activities identified in this RFP are not intended or cannot be performed consecutively, as Step 3 IV&V activities, must be performed only upon completion of planning activities. For example, the contractor may have little or no work to do during the time it takes to finalize the decision on how to replace the eMMIS, or waiting for various approvals of the required documents. 1.3 KEY EVENTS 1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD The Purchase Bureau will accept questions and inquiries from all potential bidders electronically via web form. To submit a question, please go to Current Bid Opportunities webpage or to http://ebid.nj.gov/QA.aspx Questions should be directly tied to the RFP and 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. Bidders are not to contact the Using Agency directly, in person, by telephone or by email, concerning this RFP.
The cut-off date for electronic questions and inquiries relating to this RFP is indicated on the cover sheet. Addenda to this RFP, if any, will be posted on the Purchase Bureau website after the cut-off date (see Section 1.4.1. of this RFP for further information.) 1.3.2 SUBMISSION OF BID PROPOSAL In order to be considered for award, the bid proposal must be received by the Purchase Bureau of the Division of Purchase and Property at the appropriate location by the required time. ANY BID PROPOSAL NOT RECEIVED ON TIME AT THE LOCATION INDICATED BELOW WILL BE REJECTED. THE DATE AND TIME IS INDICATED ON THE COVER SHEET. THE LOCATION IS AS FOLLOWS: BID RECEIVING ROOM - 9TH FLOOR PURCHASE BUREAU DIVISION OF PURCHASE AND PROPERTY DEPARTMENT OF THE TREASURY 33 WEST STATE STREET, P.O. BOX 230 TRENTON, NJ 08625-0230 Directions to the Purchase Bureau can be found at the following web address: http://www.state.nj.us/treasury/purchase/directions.htm. Note: Bidders using USPS Regular or Express mail services should allow additional time since USPS mail deliveries are not delivered directly to the Purchase Bureau. Procedural inquiries on this RFP may be directed to [email protected]. This e-mail address may also be used to submit requests to review bid documents. The State will not respond to substantive questions related to the RFP or any other contract via this e-mail address. To submit an RFP or contract related question, go to the Current Bidding Opportunities webpage or to http://ebid.nj.gov/QA.aspx. 1.3.3 OPTIONAL PRE-BID CONFERENCE The State reserves the right to host an optional pre-bid conference. Should the State determine to exercise this right, the date and time of the Optional Pre-Bid Conference will be provided through an Addendum to this RFP and issued on the Division’s website. The location of the Mandatory Pre-Bid Conference would be as follows:
Bid Opening Room -9th Floor Purchase Bureau Division of Purchase and Property Department of the Treasury 33 West State Street Trenton, New Jersey 08625-0230
An attendee may represent no more than one potential bidding entity. The purpose of the Optional Pre-Bid Conference is to provide a structured and formal opportunity for the State to accept questions from contractors regarding this RFP that may be better answered in a conference setting rather than via website postings.
1.4 ADDITIONAL INFORMATION 1.4.1 ADDENDA: 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 addendum to this RFP will become part of this RFP and part of any contract awarded as a result of this RFP. ALL RFP ADDENDA WILL BE ISSUED ON THE DIVISION OF PURCHASE AND PROPERTY WEB SITE. TO ACCESS ADDENDA, SELECT THE BID NUMBER ON THE BIDDING OPPORTUNITIES WEB PAGE AT THE FOLLOWING ADDRESS: http://www.state.nj.us/treasury/purchase/bid/summary/bid.shtml. There are no designated dates for release of addenda. Therefore interested bidders should check the Purchase Bureau "Bidding Opportunities" website on a daily basis from time of RFP issuance through bid opening. It is the sole responsibility of the bidder to be knowledgeable of all addenda related to this procurement. 1.4.2 BIDDER RESPONSIBILITY The bidder assumes sole responsibility for the complete effort required in submitting a bid proposal in response to this RFP. No special consideration will be given after bid proposals are opened because of a bidder's failure to be knowledgeable as to all of the requirements of this RFP. 1.4.3 COST LIABILITY The State assumes no responsibility and bears no liability for costs incurred by a bidder in the preparation and submittal of a bid proposal in response to this RFP. 1.4.4 CONTENTS OF BID PROPOSAL Subsequent to bid opening, all information submitted by bidders in response to the bid solicitation is considered public information, except as may be exempted from public disclosure by the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., and the common law. Because the State proposes to negotiate and/or pursue a Best and Final Offer, bid proposals will not be made public until the Letter of Intent to Award is issued. A bidder may designate specific information as not subject to disclosure when the bidder has a good faith legal/factual basis for such assertion. The State reserves the right to make the determination and will advise the bidder accordingly. The location in the bid proposal of any such designation should be clearly stated in a cover letter. The State will not honor any attempt by a bidder either to designate its entire bid proposal as proprietary and/or to claim copyright protection for its entire proposal. To assist the State’s determination on a claim of confidentiality or protection under OPRA and/or the common law, a bidder must clearly identify such information and address the following points to substantiate the confidentiality claim on the information: (1) the extent to which the information is known outside the owner’s business; (2) the extent to which it is known by employees and others involved with your business; (3) the extent of the measures taken by your
firm to guard the secrecy of the information; (4) the value of the information to your firm and your competitors; (5) the amount of effort or money expended by your firm in developing the information; and (6) the ease or difficulty with which the information could be properly acquired or duplicated by others. Also, the bidder must commit in writing to taking the lead in protecting the confidentiality of the documents and/or information should there be an OPRA request for disclosure or a challenge to the confidentiality of the documents/information determined to be confidential by the State. A claim for confidentiality should be separate from the bid proposal, but should accompany the bidder’s submission of the bid proposal. By signing the cover sheet of this RFP, the bidder waives any claims of copyright protection set forth within the manufacturer's price list and/or catalogs. The price lists and/or catalogs must be accessible to State using agencies and cooperative purchasing partners and thus have to be made public to allow all eligible purchasing entities access to the pricing information. All bid proposals, with the exception of information determined by the State or the Court to be proprietary, are available for public inspection after the Letter of Intent to Award is issued. At such time, interested parties can make an appointment with the Purchase Bureau to inspect bid proposals received in response to this RFP. 1.4.5 BID OPENING On the date and time bid proposals are due under the RFP, only the names of the bidders submitting bid proposals will be publicly announced. The contents of the bid proposals shall remain confidential until the Notice of Intent to Award is issued by the Director. 1.4.6 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 shall preclude a contract award from being made to the bidder. 1.4.7 BID ERRORS In accordance with N.J.A.C. 17:12-1.22, “Bid Errors,” a bidder may withdraw its bid as follows: A bidder may request that its bid be withdrawn prior to bid opening. Such request must be made, in writing, to the Supervisor of the Business Unit. If the request is granted, the bidder may submit a revised bid as long as the bid is received prior to the announced date and time for bid opening and at the place specified. If, after bid opening but before contract award, a bidder discovers an error in its proposal, the bidder may make written request to the Supervisor of the Business Unit for authorization to withdraw its proposal from consideration for award. Evidence of the bidder’s good faith in making this request shall be used in making the determination. The factors that will be considered are that the mistake is so significant that to enforce the contract resulting from the proposal would be unconscionable; that the mistake relates to a material feature of the contract; that the mistake occurred notwithstanding the bidder’s exercise of reasonable care; and that the State will not be significantly prejudiced by granting the withdrawal of the proposal. Note: a PB-36 complaint form may be filed and forwarded to the Division’s Contract Compliance and Audit Unit (CCAU) for handling. A record of the complaint will also be maintained in the Division’s vendor performance file for evaluation of future bids submitted. All bid withdrawal requests must include the bid identification number and the final bid opening date and sent to the following address:
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Department of the Treasury Purchase Bureau, PO Box 230 33 West State Street – 9th Floor Trenton, New Jersey 08625-0230 Attention: Supervisor, Business Unit
If during a bid evaluation process, an obvious pricing error made by a potential contract awardee is found, the Director shall issue written notice to the bidder. The bidder will have five days after receipt of the notice to confirm its pricing. If the vendor fails to respond, its bid shall be considered withdrawn, and no further consideration shall be given it. If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing other than a disparity between the unit price and extended price and the bidder’s intention is not readily discernible from other parts of the bid proposal, the Director may seek clarification from the bidder to ascertain the true intent of the bid. 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 bid proposal. Authorized signatories from each party comprising the joint venture must sign the bid proposal. A separate Ownership Disclosure Form, Disclosure of Investigations and Actions Involving Bidder, Affirmative Action Employee Information Report, MacBride Principles Certification, and Business Registration or Interim Registration must be supplied for each party to a joint venture.
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2.0 DEFINITIONS 2.1 GENERAL DEFINITIONS The following definitions will be part of any contract awarded or order placed as result of this RFP. Addendum – Written clarification or revision to this RFP issued by the Purchase Bureau. All-Inclusive Firm Fixed Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food. 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. Business Days – Monday through Friday, 9:00 a.m. through 5:00 p.m. exclusive of State holidays as provided at the following url: The Official Web Site for The State of New Jersey | State Holidays Contract – This RFP, any addendum to this RFP, and the bidder’s proposal submitted in response to this RFP, as accepted by the State. Contractor – The bidder awarded a contract resulting from this RFP. Director – Director, Division of Purchase and Property, Department of the 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. Fully Loaded Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs. No additional fees or costs shall be paid by the State unless there is a change in the scope of work. Joint Venture – A business undertaking by two or more entities to share risk and responsibility for a specific project. 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 the 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 as set forth in Sections 8.1, 8.1.1 and 8.1.2. Subtasks – Detailed activities that comprise the actual performance of a task. State – State of New Jersey. Subcontractor – An entity having an arrangement with a State contractor, where the State contractor uses the products and/or services of that entity to fulfill some of its obligations under its State contract, while retaining full responsibility for the performance of all of its [the contractor's] obligations under the contract, including payment to the subcontractor. The subcontractor has no legal relationship with the State, only with the contractor. Task – A discrete unit of work to be performed. Using Agency[ies] – The entity[ies] for which the Division has issued this RFP and will enter into a contract. 2.2 CONTRACT SPECIFIC DEFINITIONS Advance Planning Document (APD) - A written plan of action for acquiring proposed IT services or equipment as required by the Centers for Medicare and Medicaid Services (CMS) in order to request approval for applicable Federal funding. Centers for Medicare and Medicaid Services (CMS) – The Federal agency that administers Medicare, Medicaid, the State Children's Health Insurance Program and other related quality assurance programs, formerly known as the Health Care Financing Administration (HCFA). CMS Certification Process – Procedure by which CMS validates that state Medicaid systems are designed to support the efficient and effective management of the Medicaid program and satisfy requirements set forth in Part 11 of the State Medicaid Manual (SMM), as well as subsequent laws, regulations, directives and letters. This process also validates that systems are operating as described in prior approval documents, e.g., APDs and RFPs. Deliverable – Tangible evidence of work completed.
Design, Development and Implementation (DDI) Contractor – Contractor engaged by the State to design, develop and implement a new MMIS. DHS - New Jersey Department of Human Services. DHSS – New Jersey Department of Health and Senior Services. DMAHS - Division of Medical Assistance and Health Services within the New Jersey Department of Human Services. Electronic Health Records (EHRs) – This refers to an individual patient's medical record in digital format. Electronic health record systems co-ordinate the storage and retrieval of individual
records with the aid of computers. EHRs are usually accessed on a computer, often over a network. It may be made up of electronic medical records from many locations and/or sources. A variety of types of healthcare-related information may be stored and accessed in this way. Federal Financial Participation (FFP) – A percentage of State expenditures to be reimbursed to the State by the Federal Government for medical services and for administrative costs of the Medicaid program. Fiscal Agent – The entity contracted to maintain a Medicaid claims processing system to meet New Jersey and Federal Medicaid Management Information System (MMIS) requirements. The current Fiscal Agent is the Unisys Corporation. Fiscal Year (Federal/State) – The Federal Fiscal Year comprises October 1 to September 30. The State Fiscal Year comprises July 1 to June 30.
Health Care Financing Administration (HCFA) - See CMS.
Health Information Exchange – Mobilization of healthcare information electronically across organizations within a region or community. Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) - The Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) require the Department of Health and Human Services (HHS) to establish national standards for electronic health care transactions and national identifiers for providers, health plans, and employers. It also addresses the security and privacy of health data.
Institute of Electrical and Electronics Engineers (IEEE) – This is the world's leading professional association for the advancement of technology. Medicaid - State-administered, Federally and State-funded medical assistance program, as authorized in Title XIX of the Social Security Act, as amended.
Medicaid Information Technology Architecture (MITA) –An initiative of the Center for Medicaid and State Operations (CMSO) in association with the National Health Infrastructure Initiative (NHII). MITA is intended to foster integrated business and IT transformation across the Medicaid enterprise. It will establish national guidelines for technologies and processes for the purpose of enabling improved program administration for the Medicaid enterprise. The MITA initiative includes an architecture framework, processes and planning guidelines for enabling State enterprises to meet common objectives within the framework while supporting unique local needs.
Medicaid Management Information System (MMIS) – An information technology platform and system primarily responsible for the electronic processing and payment of Medicaid claims.
eMMIS – The existing MMIS presently in use within the State. PMMIS – The planned replacement MMIS to be procured through a subsequent RFP to be developed within the requirements of this procurement. PMMIS Contractor – The bidder awarded a contract resulting from the RFP developed through this contract and responsible for the design, development and implementation of the PMMIS. Medicare - Medical assistance provided in Title XVIII of the Social Security Act, as amended. Medicare is a health insurance program administered by CMS for persons 65 years and over, for
people under age 65 with certain disabilities and people of all ages with End-Stage Renal disease. N.J.A.C. - New Jersey Administrative Code providing regulations covering implementation of New Jersey statutes or programs.
New Jersey State Plan (State Plan) – The State Plan for Medical Assistance for the State of New Jersey that describes the New Jersey Medicaid Program as approved by and filed with CMS for eligibility for Federal Financial Participation (FFP) under Title XIX of the Social Security Act, as amended. OMB - The State Office of Management and Budget in the Department of Treasury. OIT – The State Office of Information Technology.
Regional Health Information Organization (RHIOs) – A health information organization that brings together health care stakeholders within a defined geographic area (region) and governs health information exchange (HIE) among them for the purpose of improving health and care in that community. State Children’s Health Insurance Program (SCHIP) – State and federal partnership designed to help children without health insurance, many of whom come from working families with incomes too high to qualify for Medicaid but too low to afford private health insurance and is also known as Title XXI, as part of the Balanced Budget Act of 1997. The SCHIP law appropriated $30 billion in Federal funds, over 10 years, to improve children's access to health coverage.
State Medicaid Manual – Contains the rules, regulations, administrative processes and procedures required by CMS for the operation of the State regular Medicaid program and special Medicaid services or programs as well as those required by the State for the State funded programs.
Title XIX – Title XIX of the Social Security Act, as amended, which enacted Medicaid in 1965, synonymous with Medicaid.
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3.0 SCOPE OF WORK
DMAHS shall perform oversight for all aspects of the project and be in close contact with the contractor and CMS. In addition, DMAHS will coordinate any activities required of other State agencies and any other relevant business partners. 3.1 DUTIES AND OBLIGATIONS -CONTRACTOR 3.1.1 LOCATION OF CONTRACTOR’S OFFICE The contractor should use or establish a field office in support of the requirements of this RFP. The preferred geographic location of the office site should be within 10 miles of DHS offices located at 7 Quakerbridge Plaza, Trenton, New Jersey 08625-0712. DMAHS will provide office space, including furniture and telephones for the contractor to use while performing work within DMAHS. The contractor must provide its own computers and software. 3.1.2 PROJECT LAUNCH MEETING The contractor shall meet in person with DMAHS within 10 business days of the contract effective date to determine answers including, but not limited to, the following issues:
a) contractor’s work location within DMAHS facilities; b) proper methods and channels of communication between contractor and DMAHS; c) developing status reporting mechanisms: and d) modification to the contractor’s project plan and project schedule as submitted with its bid
proposal with the modified plan established as the project schedule baseline. 3.1.3 STATUS MEETINGS Upon request by the State Contract Manager, the contractor shall hold status meetings with DHS at DHS offices to assess progress and to review problems, develop solutions and, in general, to keep the project on schedule with all deliverables being provided. The contractor must also prepare and present an overview of project progress for each status meeting and ensure that decisions and recommendations forthcoming from status meetings and/or overview presentations are formally recorded. 3.1.4 WEEKLY STATUS REPORTS The contractor must prepare weekly project status reports and submit the weekly reports to the State Contract Manager within three (3) business days of the period covered unless the State Contract Manager determines that the status reports are required on a less frequent schedule. The contractor shall ensure that the status reports cover detail at activity, task and subtask levels. In addition, the reports shall include, but not be limited to the following information:
a) Gantt chart showing work completed and any other status information specifically requested;
b) statement of progress made during the period covered and, as applicable, the impact of delays encountered and schedules not met;
c) statement of work accomplished, with contractor’s hours delineated by individual at the task and subtask levels, identifying actual hours expended, estimated hours to completion, estimated hours per the final project plan submitted at project startup, and variance of planned against actual accomplishments;
d) status of each task and subtask in process but not yet completed, including the percentage completed;
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e) if applicable, a list of final form deliverables submitted for management review; f) if applicable, a list of deliverables scheduled for completion but not yet submitted in final
form for management review, cause of failure, if any, to meet the schedule, a Corrective Action Plan (CAP) and detailed plans identifying remaining work steps;
g) list of issues and problems encountered, both resolved and unresolved, together with alternative solutions and recommendations for resolution of outstanding issues and problems; and
h) updates to the project plan as applicable. 3.1.4.1 MONTHLY STATUS REPORTS The contractor must prepare a monthly project status report and submit the monthly report to the State Contract Manager within three (3) business days of the period covered unless the State Contract Manager determines that the monthly status report is required on a less frequent schedule. The report shall include, but not be limited to the following information:
a) overall project status including if the project is on schedule and within the project
milestones and scope; b) identification of all significant deviations from the project schedule, changes to milestones
or scope and the causes and proposed remedies; and c) listing of significant issues and problems encountered, both resolved and unresolved,
together with alternative solutions and recommendations for resolution of outstanding issues and problems.
3.1.4.2 CORRECTIVE ACTION PLAN (CAP) Upon request by the State Contract Manager, the contractor shall develop a CAP to address any performance failures or problems. The contractor must submit the CAP to the State Contract Manager within 10 business days of either its, or the State Contract Manager’s, identification of performance failures or problems. The contractor shall ensure that the CAP includes, but may not be limited to, the following:
a) identification of any interim actions needed to be taken to prevent the performance failures from causing more damage;
b) identification of the cause of the problems and the detailed corrective actions to be taken to prevent recurrences;
c) assignment of individuals responsible to take or oversee the performance of the corrective actions;
d) description of the verification method to be used to monitor each corrective action taken to ensure prevention of recurrence of the performance problems;
e) CAP schedule that includes the corrective action tasks, staff responsible, time frames including expected completion dates, and review points to determine the effectiveness of the actions taken; and
f) facility to revise or expand the CAP if the initial CAP as implemented determines the cause of the problems has not been eliminated or the performance failures reoccur.
3.1.5 SOFTWARE UNIFORMITY
The contractor shall ensure uniformity with the standard software and version of the State, such software includes, but is not limited to the Microsoft family of products (Word, PowerPoint, EXCEL, Access and Project) and Adobe Acrobat.
The contractor shall also provide all other software that it proposed for use within its bid proposal
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3.1.6 SET-UP DOCUMENTATION REPOSITORY/PROJECT FILES The contractor must create a project document filing and repository system housed within a DMAHS server. The documentation repository shall serve as the primary access point for completed tangible results for each task including deliverables and must be immediately and real-time accessible to the State Contract Manager. The contractor shall ensure the documentation repository must be logically organized where each section contains the completed task documentation. Project files must be established to hold administrative information regarding budget, schedule and project progress as well as any other correspondence, reports or project-related information. 3.1.7 DATA SAFEGUARDS
The contractor must ensure safeguarding of all data in accordance with State and federal statutes, regulations, and policies pertaining to the confidentiality of beneficiary information.
Such statutes, regulations and policies include, but are not limited the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Balanced Budget Act (BBA) of 1997 governing the protection of patient information. 3.1.8 AUDIT AND ACCESS TO RECORDS
At all times during the period that the contract is in force and for a period of not less than three years thereafter, the contractor shall provide all authorized representatives of the State government with full access to all of the contractor's financial, data, and other records that pertain to services performed under the contract, including access to appropriate individuals with knowledge of such records and full access to all additional records that pertain to services performed under the contract, permitting such representatives to examine, audit, and copy such records at the site at which the records are located, at no cost to the State. Such access/audit shall include both announced and unannounced inspections and on-site audits.
3.1.8.1 AUDITS Audits conducted under this provision shall be in accordance with generally accepted auditing standards and within established procedures and guidelines of the reviewing or auditing agency or agencies. Audit access applies to records pertaining to all contracts, all contract change orders, and all contract amendments resulting from the award of this RFP. In addition, this right to access applies to all records pertaining to all contracts, additional work clause items, and contract amendments including those of any subcontractor(s):
a) to the extent records pertain directly to contract performance; b) if there is any indication that fraud, gross abuse, or corrupt practices may be involved;
and c) if the contract is terminated for default or for convenience.
If an audit, litigation, or other action involving records is started before the end of the three-year contract period, or extension(s) thereof, the records must be retained until all issues arising out of the action are resolved or until the end of the contract period, whichever is later. Copies of any contract-related documents in Microform or digital image capture technology may be substituted for the originals with the prior written approval of the State, provided that the copying procedures are accepted by the State as reliable and are supported by an adequate retrieval system.
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3.2 UPDATE OF PROJECT PLAN
` As the contractor moves forward in its review of the eMMIS, operations and documents it shall update its Project Plan (Refer to Section 4.4.4.1) and provide the updated Project Plan to the State Contract Manager each week and upon request by the State Contract Manager for approval. The contractor shall ensure that the Project Plan reflects all changes to federal and State policies related to pMMIS requirements. 3.2.1 IV&V/QA PROJECT PLAN Based on the decision of how DMAHS will replace its eMMIS, a separate project plan will be developed for Step 3 of the project. The contractor must develop an IV&V/QA Project Plan in conjunction with the RFP to procure the pMMIS and must be approved by the State Contract Manager prior to the contractor commencing its independent verification and validation of the pMMIS. The contractor shall ensure that its IV&V/QA Project Plan includes, but is not limited to:
a) all activities required for completion of Step 3 IV&V/QA along with detailed explanation of each activity;
b) anticipated outcomes for each activity; c) identification of who must complete the activities; d) where the activities will occur, such as on-site or off-site; e) agreed upon time frame parameters for completing the activities; and f) all MMIS interfaces in the planning activities.
3.3 REVIEW OF eMMIS, OPERATIONS AND DOCUMENTS The contractor shall meet with DMAHS personnel identified by the State Contract Manager to review DMAHS operations and the eMMIS. The contractor shall also perform a review of documents related to the eMMIS, DMAHS operations and legal requirements. Such documentation includes, but is not limited to:
a) MMIS project intent and scope as defined within the Advance Planning Document (APD) requirements of CMS;
b) requirements as defined within this RFP; c) federal rules and regulations pertaining to MMIS systems; d) DMAHS Medicaid program policy/procedures manuals; e) latest version of the MITA Framework Document Initiative and MITA Technology
Standards as reflected on the CMS website; f) HIPAA rules and regulations; g) certification of Medicaid system regulations, including the MMIS Certification Toolkit; h) organizational structure of the eMMIS as related to various State agencies and other
external entities (See Attachment M); i) DMAHS Medicaid program statistical information such as caseloads, claims
(paper/electronic), prior authorization requests; j) internal/external data sources; and k) applicable New Jersey Statutes, regulations and codes.
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3.4 MITA ASSESSMENT 3.4.1 STAFF TRAINING The contractor shall develop and provide a course of training to educate State personnel on the MITA State Self-Assessment (SSA) process. The course of training shall include, but is not limited to:
a) overview on MITA and its components; b) SSA components
1. business process model 2. MITA maturity matrix 3. business capability matrix
c) assessment process; and d) assessment results.
The contractor must submit its course of training, suggested training format and all training related materials to the State Contract for approval. The contractor shall work with the State Contract Manager to develop a training schedule for DMAHS personnel and perform all training at DHS facilities identified by the State Contract Manager. 3.4.2 IDENTIFICATION OF GOALS AND OBJECTIVES Upon direction of the State Contract Manager, the contractor must schedule and facilitate meetings with key stakeholders to identify and prioritize the State’s Medicaid goals and objectives. These goals and objectives will be utilized as a guide for selecting new business and technical capabilities. Prioritization of the goals will be a function of DMAHS, but the contractor must provide recommendations to the State for evaluation during the prioritization process. The contractor shall ensure that each goal is articulated to a level of detail necessary to identify specific outcomes and performance measures. The contractor shall develop a written report format to list and prioritize the State’s goals and objectives. The contractor shall submit this report format to the State Contract Manager for approval prior to submitting the final report. The contractor shall provide the State Contract manager with a final report on the State’s Medicaid’s goals and objectives, in the approved report format, within one (1) week after the completion of the last meeting on this matter. 3.4.3 AS-IS ASSESSMENT Upon direction of the State Contract Manager, the contractor shall develop a schedule of As-Is Assessment sessions. The As-Is Assessment sessions shall have eight (8) components based upon the following eight (8) domains of MITA business processes specified in Section 1.2.2: 1. Member Management 2. Provider Management 3. Contractor Management 4. Operations Management 5. Program Management 6. Care Management 7. Program Integrity Management 8. Business Relationship Management For each As-Is Assessment session, the contractor shall prepare a syllabus identifying all materials needed and an agenda identifying the business processes to be discussed. The
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contractor shall provide these documents to the State Contract Manager five (5) business days prior to the date of the scheduled assessment session. The contractor shall also develop a written report format that describes the discussion during each As-Is Assessment session, the group’s conclusions, how they were reached and an overall analysis of the session. The contract shall submit this report format to the State Contract Manager for approval prior to performing any As-Is Assessment. The contractor shall facilitate As-Is Assessment sessions and ensure that the sessions identify current business practices including any deficiencies, workarounds and other problems that are currently faced in meeting business needs and identifies and documents business processes that are required to manage DMAHS medical assistance programs efficiently and discern those that are not capable of being met with the current system.
The contractor shall provide the State Contract Manager with a report, in the approved report format, within three (3) business days after each As-Is Assessment session.
3.4.3.1 SUMMARY DOCUMENT Upon conclusion of all As-Is Assessment sessions, the contractor shall create a summary document that includes, but not limited to:
a) meeting agendas, syllabi, and meeting notes; b) list of attendees for each session; c) list of each business process discussed during each session; d) description of how the business processes are utilized; e) all deficiencies, workarounds and other problems that the business process currently
faces; f) conclusions reached during the assessment sessions for each business process; g) list of any business process currently not utilized in the eMMIS; and h) an executive summary of the As-Is Assessment of the eMMIS from a business
perspective. The contractor must submit the As-Is summary document to the State Contract Manager for approval. 3.4.4 TO-BE ASSESSMENT
The contractor shall meet with the State Contract manager to develop a taxonomy that categorizes the eight (8) domains of MITA business processes into a series of modules that correspond with the possible replacement of the eMMIS in a piecemeal, modular manner. In recognition that the To-Be Assessment will serve as the building block for the pMMIS, the contractor shall also develop the assessment in terms of what can be achieved in short term goals (2 to 5 years or levels 1, 2 and 3 of the MITA maturity model) and long term goals (6 to 10+ years or levels 4 and 5 of the MITA maturity model). Upon direction of the State Contract Manager, the contractor shall develop a schedule of To-Be Assessment sessions. The contractor shall also develop a written report format that describes the discussion during each To-Be Assessment session, the group’s conclusions, how they were reached and an overall analysis of the session. The contractor shall submit this report format to the State Contract Manager for approval prior to performing any To-Be Assessment.
For each To-Be Assessment session, the contractor shall prepare a syllabus identifying all materials needed and an agenda identifying the business processes to be discussed. The contractor shall provide these documents to the State Contract Manager five (5) business days prior to the date of the scheduled assessment session.
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The contractor shall facilitate To-Be Assessment sessions and ensure that the sessions identify all deficiencies cited in As-Is Assessment sessions and propose solutions to these deficiencies to meet the planned business and high-level technology requirements for implementing the solutions. Such requirements having been identified by the contractor through performing the As-Is Assessment process coupled with industry research. The contractor shall also ensure that it presents, within each session, ideas on the future of MMIS and its possible role in relation to Health Information Exchange, Regional Health Information Organizations (RHIOs) and electronic health records. The contractor shall provide the State Contract Manager with a report, in the approved report format, within 38 hours after each To-Be Assessment session. 3.4.4.1 SUMMARY DOCUMENT Upon conclusion of all To-Be Assessment sessions, the contractor shall create a summary document that includes, but not limited to:
a) meeting agendas, syllabi, and meeting notes; b) list of attendees for each session; c) list of each business process discussed during each session; d) discussions from each session on resolving any deficiencies, workarounds and other
problems that the current business process currently faces; e) discussions from each session on the future of each current business process in terms of
the MITA maturity levels; f) list and discussions of any business process currently not utilized in the eMMIS, but is
planned for implementation in the future; g) executive summary of the “To-Be” Assessment of the pMMIS from a business
perspective; and h) based on the conclusions of the “To-Be” Assessment sessions, a written detailed
description of the short term and long term plans for the pMMIS. The contractor must submit the To-Be summary document to the State Contract Manager for approval. 3.5 GAP ANALYSES
3.5.1 TECHNICAL GAP ANALYSIS The contractor shall develop a Technical GAP Analysis methodology using the concept of piecemeal, modular replacement that ensures that DMAHS is provided with a detailed understanding of gaps that exist between eMMIS technical architecture and technical architecture needed to achieve both short and long term goals for each business process and its respective, associated replacement module. In addition to grouping the Technical Gap Analysis into replacement modules, the contractor shall ensure that the Technical Gap Analysis is based on the seven MITA portfolios of:
1. Interoperability; 2. Data Management; 3. Data Sharing and Coordination; 4. Security and Privacy; 5. Adaptability and Extensibility; 6. Performance Measures; and 7. Business Area Improvement.
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In order to obtain the technology to serve the short term and long term business needs, the contractor shall ensure that the Technical Gap Analysis is broad-based and goes beyond a simple inventory of the eMMIS hardware/software components. The contractor shall ensure that its Technical Gap Analysis includes, at a minimum:
a) Identifying the technical architecture of the eMMIS, this includes, but is not limited to: 1. configuration (hardware, software, work stations, etc.) utilized in the eMMIS; 2. mechanisms, internal and external, to DMAHS for system-to-systems
communications including use of the internet; 3. data currently used in the eMMIS; 4. current collaborative agreements for sharing data from the eMMIS; 5. current security and privacy mechanisms utilized in the eMMIS; and 6. current standards and policies governing the eMMIS.
b) Mapping components of eMMIS to each replacement module to include:
1. identifying the actual hardware and software components for each replacement module;
2. identifying both the internal and external exchange of information for each replacement module;
3. identifying the data associated with each replacement module; and 4. identifying the security and privacy regulations affecting the data associated with
each replacement module. c) Once the Technical architecture of the eMMIS has been identified and grouped into
replacement modules, the Technical Gap Analysis must at a minimum describe: 1. technical architecture needed to achieve the level of MITA maturity identified as the
short term goal for each replacement module; 2. technical gaps that exist in the eMMIS to the technical architecture needed to achieve
the level of MITA maturity identified as the short term goal for each replacement module;
3. technical architecture needed to achieve the level of MITA maturity identified as the long term goal for each replacement module; and
4. technical gaps that exist in the current MMIS to the technical architecture needed to achieve the level of MITA maturity identified as the long term goal for each replacement module.
3.5.2 BUSINESS GAP ANALYSIS Using the “As-Is” and “To-Be” assessment results, the contractor shall create a written Business Gap Analysis that addresses what needs to occur to move each replacement module and associated business processes from its “As-Is” state, up on the MITA maturity scale, to the level determined in the “To-Be” assessment. The written Business Gap Analysis shall include, but not be limited to:
a) description of each business process either currently in use or planned for implementation along with the current status of each business process;
b) description of the conclusions that had been reached in regard to the short and long term goals of each business process;
c) description of the actions necessary for each business process to progress to the next and subsequent MITA maturity levels;
d) list of the replacement modules with each business process assigned to one of the modules;
e) list of the replacement modules ranking from top to bottom those modules determined that need to be replaced first and the rationale for the ranking;
f) description of the impact on state staff for each replacement module; and
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g) description of any necessary follow-up. 3.6 REQUIREMENTS PLANS Upon completion of As-Is and To-Be Assessments, the contractor must determine all requirements necessary to fill the gaps between the current, short term and long term needs of the eMMIS through the creation of Business Process Requirements and Technology Requirements Plans. 3.6.1 BUSINESS PROCESS REQUIREMENTS PLAN The contractor shall identify requirements necessary to fill business gaps between the current and planned business processes through creation of a Business Requirements Plan that expands on the Business Gap Analysis to detail the requirements to move eMMIS from its “As-Is” state to the short term and long term goals of the “To-Be” assessment. The Business Process Requirements Plan will identify each individual business process as well as group the business processes into the replacement modules. The contractor shall ensure that the Business Requirements Plan includes, but is not limited to:
a) all business process identified in the Business Gap Analysis; b) “As-Is” status of each of these business processes; c) short term “To-Be” goal of the business process; d) long term “To-Be” goal of the business process; e) gaps that exist between “As-Is” status and “To-Be” goals; f) requirements for filling business process gaps, to include changes to the business
process, changes in staffing, including any required skills transfer, and changes in policy; g) identify each replacement module; h) requirements for filling the replacement module gaps, including but not limited to:
1. changes to business processes included in the replacement module; 2. evaluation of current staff levels and skills, number and type of staff and knowledge
and skills required for new MMIS, and any training needed for DMAHS staff for each replacement module; and
3. changes in policy required for each replacement module, and i) detail the business requirements needed for filling the gaps, including but not limited to,
the following requirements: 1. security; 2. correspondence and electronic communication; 3. imaging and document management requirements; 4. system and data auditing; and 5. disaster recovery and business continuity.
3.6.2 TECHNOLOGY REQUIREMENTS PLAN The contractor shall identify requirements necessary to fill gaps between the current technology and the technology required to effect and operate the changes identified in the Business Process Requirements Plan. The contractor shall create a written Technology Requirements Plan classed by replacement module, which provides: 1) a detailing of technical requirements needed for filling the short term gaps between the current and planned technical architecture and 2) a detailing of technical requirements needed for filling the gaps between the planned short term technical architecture and the long term technical architecture. Detail information for the plan shall include but not be limited to, the following requirements:
1. desktop environment; 2. web/internet;
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3. security requirements; 4. data retention, archival and purge; 5. correspondence and electronic communication; 6. imaging and document management; 7. system and data auditing; 8. database administration; 9. disaster recovery and business continuity; 10. system integration; 11. integrated testing facility; 12. network connectivity; 13. general data interface requirements; 14. access, display and navigation requirements; 15. user alerts standards and requirements; 16. ongoing federal compliance requirements:
• Health Insurance Portability and Accountability Act (HIPAA) • Clinical Laboratory Identification Association (CLIA) • Medicaid Statistical Information System (MSIS) • Medicare
17. integrated voice response (IVR) requirements; 18. data warehouse requirements; 19. recommended hardware platform(s); and 20. evaluation of eMMIS staff levels and skills, number and type of staff and knowledge
and skills required for pMMIS, and any training needed for DMAHS staff for each replacement module.
3.7 MMIS REPLACEMENT OPTIONS -ANALYSIS AND RECOMMENDATION
The contractor shall develop a list of options for replacing the eMMIS along with its recommendation. Should the contractor determine that the planning process to this point is lacking or incomplete, the contactor shall provide a written proposal to the State Contract Manager of all additional planning activities which the contractor has identified as being necessary to ensure that all areas of risk or concern identified as lacking or incomplete are addressed.
3.7.1 REPLACEMENT OPTIONS The contractor shall develop a preliminary list of viable solutions to replace the eMMIS. In developing its list, the contractor shall ensure that it considered short term and long term goals of the pMMIS and that all custom systems slated for inclusion on the preliminary list are based upon state-of-the-art technologies. In developing its preliminary list, the contractor shall further ensure that it has considered a wide scope of options which includes, but is not limited to:
a) building a complete custom system; b) obtaining a contractor(s) to build the various replacement modules of the MMIS; c) outsourcing of the pMMIS, either in whole or by replacement module; d) transfer of a system, in whole or by replacement modules, from another entity and
modified to meet the requirements of the pMMIS; e) partnering with another state or states to transfer, in whole or by replacement
module, a MMIS solution and modified (as needed) to meet the requirements of the pMMIS;
f) obtain fiscal agent; and g) other proven industry solution.
The contractor shall ensure that all solutions on its preliminary list include comparison of the solutions based upon the previously completed assessments (As-Is and To-Be), GAP analyses (Business and
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Technical) requirements plans (Business Process and Technology) and specifies the advantages and disadvantages of each respective solution and in relation to one another. The comparison matrix must also identify all states that have replaced a MMIS within the past five (5) years along with the state’s chosen solution. The contractor shall submit its completed preliminary list to the State Contract Manager for approval.
3.7.2 COMPARATIVE REPLACEMENT ANALYSIS The contractor shall develop an analytic framework, including rationale for its methodology that identifies and quantifies the strengths, weaknesses and risks for each of three (3) solutions identified by the State Contract Manager as primary eMMIS replacement alternatives. The contractor shall ensure that its analytic framework includes capture of data necessary for subsequent use in cost-benefit analyses and comparison of risks inherent with each primary alternative. The contractor must submit the analytic framework to the State Contract Manager for approval prior to performing analyses.
The contractor shall perform analyses of the primary alternatives that include, but are not limited to:
a) assessment of meeting both short term and long term business needs; b) design, development and implementation timelines for each alternatives; c) whether methods, resources, and other contractors are available to obtain and support
the alternatives; d) the extent to which each alternative improves services to clients and providers; e) total number of State staff required for each alternative and the staff skill requirements
for each alternatives; f) scale and level of administrative manageability of each alternatives; g) scale and level to which each alternative links accountability to responsibility; h) based upon market analysis, whether other States with Medicaid programs similar to
DMAHS (states with Medicaid populations close to that of DMAHS) recently chose any of the alternatives and a detailed analysis of the outcome of that decision;
i) based upon market analysis, whether successful and the degree of success any other MMIS of comparable size and complexity utilized any of the alternatives in replacing their MMIS; and
j) flexibility of change management procedures.
3.7.3 COST BENEFIT ANALYSIS The contractor shall develop a cost benefit analysis that uses information from other states to calculate the Return On Investment (ROI) for each primary alternative. The contractor shall ensure that information used in cost estimates is based in part on information derived from research into other states with Medicaid programs similar DMAHS, in terms of claims processed and clients served, and completed MMIS procurements within the past 3 to 5 years. The contractor shall ensure that the cost benefit analysis of the each primary alternative includes, but not limited to:
a) analysis of DDI cost, projected 5 and 10 year operational cost, comparison of these costs for each alternative to current MMIS projected costs;
b) analysis of benefits; c) ROI; d) impact on staffing; e) funding source analysis; f) risk analysis; g) all data needed for all CMS required documents; including the Advanced Planning
Document (APD) and h) other factors to consider.
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3.7.4 RECOMMENDATION DOCUMENT Using the body of work created by the contractor, the contractor shall develop a written document of its recommendation for replacing the eMMIS. The contractor shall ensure that its recommendation includes, but is not limited to:
a) recommended approach for replacing the eMMIS; b) detailed analysis of State staffing requirements including training; c) cost benefit analysis; d) all operations cost savings; e) all tangible benefits; f) risks associated with the recommendation; g) all alternative factors to be considered; h) number and type of the RFP(s) necessary to implement the recommendation; i) estimated timeframe for implementation; and j) executive summary.
3.8 ADVANCED PLANNING DOCUMENTS (IAPD & APD) The contractor must develop an initial Advance Planning Document (IAPD) followed by an APD in accordance with CMS requirements and standards. The contractor shall ensure that its IAPD and APD ensure conformity and comparability with New Jersey’s self assessment report. The contractor must submit the IAPD and the APD to the State Contract Manager for approval. 3.9 CAPSTONE REPORT –FINALE STEP 1 The contractor shall provide the State Contract Manager with a preliminary written capstone report of its findings and recommendations resulting from its efforts up through Section 3.8 of the RFP within four (4) weeks of the State Contract Manager’s approval of the APD. The contractor must provide at least six (6) loose-leaf copies of the preliminary report in letter sized format. The State Contract Manager shall have a period of four (4) weeks to review the preliminary report, ask questions, and ask for any changes and clarifications prior to the submittal of a capstone final report. Upon approval of its preliminary capstone final report, the contractor must prepare and submit six (6) bound copies of the final capstone report of its findings and recommendations resulting from its review, update and augmentation of the Master Plan within two (2) weeks. The final capstone report must be produced in letter-sized format. In addition the contractor shall also provide a copy of the final report on CD-ROM in a format to be specified by the State Contract Manager. 3.9.1 PRESENTATION OF FINAL CAPSTONE REPORT The contractor must present its findings and recommendations as detailed within the final capstone report, in an oral presentation for DMAHS and other interested, relevant parties. The contractor shall perform its presentation at a location, and on a date and time specified by the State Contract Manager. DMAHS shall provide meeting space for the presentation. The contractor must include in its oral presentation, an open question and answer period.
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3.10 PROCUREMENT AND SELECTION OF PROJECT STEP 2 CONTRACTOR 3.10.1 DRAFT REQUEST FOR INFORMATION (RFI) FOR PROJECT STEP 2 The contractor must draft a Request for Information (RFI) to solicit feedback from relevant parties, including but not limited to: vendors, providers and provider associations, billers and submitters, trading partners, State agencies, beneficiaries, and advocacy groups. The contractor must submit the RFI to the State Contract Manager for approval. As the State anticipates that the RFI will be a draft of the Request for Proposal (RFP), the contractor must also identify and define questions and issues for which the State desires feedback. The contractor shall review all RFI responses and prepare a written report which analyzes and summarizes each RFI response. The contractor shall ensure that its report includes recommendations regarding the applicability of the RFI responses for inclusion in the final RFP. The contractor must submit its report to the State Contract Manager for approval. 3.10.2 PROCUREMENT OF PROJECT STEP 2 Based upon DMAHS’ decision how to best replace the eMMIS, the contractor shall draft one, or more, RFPs to procure the design, development and implementation of the pMMIS (Step 2) through the State’s open, competitive bidding process.
The contractor must ensure that the RFP(s) comply with all State and federal procurement regulations and are designed to secure the benefits of free and open competition and maximizes competition by focusing on the specifications of functional requirements rather than identifying a particular application and/or platform solution. For payment purposes, an RFP is a final approved RFP ready to be advertised, not a draft RFP. The contractor’s work shall include development of the technical components of the RFP and advice related to type of work of the RFP. The Division will provide the RFP terms and conditions in a standard template, similar to the terms and conditions in this contract. The contractor's input to the RFP must be clear and understandable to the State and bidding community and must address all State standards. The development of the RFP requires that the contractor work with the State’s procurement assistance team which may include members from DMAHS, Purchase Bureau and other State departments or agencies. 3.10.2.1 PROCUREMENT ASSISTANCE: KICK-OFF MEETING Within two (2) weeks of receiving written direction from the State Contract Manager to proceed with procurement activities, the contractor shall meet with the State procurement assistance team to present its pMMIS procurement plan. At this meeting, the contractor shall provide the State Contract Manager with a disclosure of its business relationships with any firms that may bid. It shall be the responsibility of the DMAHS to determine if a business relationship represents a conflict of interest. Within three (3) business days of the conclusion of the kick-off meeting, the contractor shall prepare a memorandum that documents the meeting. The State Contract Manager may cancel the kickoff meeting and proceed without this meeting if it is determined that all the activities in developing the pMMIS procurement plan would make a kickoff meeting unnecessary. 3.10.2.2 PROCUREMENT ASSISTANCE: RFP PREPARATION The contractor shall prepare RFP document(s) that comport with the results of the RFI, contractor findings and decision of the State on how to best replace the eMMIS and proceed in accordance with the approved pMMIS procurement plan. The State will provide the contractor
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with the standard terms and conditions sections and any other information deemed to be necessary. The contractor shall provide the following, including but not limited to:
a) Purpose and Intent/Overview and Background: The contractor shall prepare a purpose and intent of the RFP. The contractor shall prepare an overview and background section to provide bidders with a brief history of events that led to the need for this RFP. The Final Capstone Report (or relevant sections thereof) submitted in Section 3.9.1 of this contract may be referenced as supporting information and provided to potential bidders as background information as determined by the State.
b) Scope of Work: The contractor shall prepare a scope of work that includes all technical
specifications, schedules, directions, work locations, equipment, health and safety standards and deliverables. Long and detailed technical specifications shall be provided in technical appendices that are cross-referenced in the scope of work. The scope of work shall include minimum standards for equipment and the performance of work. The scope of work shall include all technical specifications developed in the Final Capstone Report unless changes are submitted to and accepted by the State Contract Manager. The scope of work shall specify CMS quality standards that must be achieved by the pcontractor.
c) Technical Definitions: The contractor shall provide standardized definitions to technical
terms to be used throughout the RFP. d) Price Schedules and Supporting Detail: The contractor shall provide a detailed price
schedule that is understandable and acceptable and will fairly compensate the pcontractor while allowing the State Contract Manager to hold the pcontractor accountable for work performed. The price schedule shall have a calculated total bid price. Any price lines that are not unit prices shall be supported with information on the level of effort the bidder should propose in support of those prices. The supporting detail of prices shall include quality and quantity of resources required to perform the work. The price schedule line items shall be clearly linked to Scope of Work sections so that bidders understand the relationships between work to be performed and prices bid.
e) Explanation of Price Schedules: The contractor shall prepare a written section in the
RFP that explains every price line, the unit of measure and the work that must be performed in order to be eligible for payment.
f) Payment – The contractor shall prepare a section on payments. This section shall
discuss the frequency of payment to the implementation contractor and the supporting documentation that the implementation contractor must submit to support its invoice. (i.e. payroll records, number of inspections, etc.) The RFP shall discuss the State Purchase Order process and the submission of State Payment Vouchers. If the implementation contractor is to collect fees, the RFP shall have a section to discuss the method of collection of those fees, the cash flow from those fees, accounting controls, record keeping, reporting, and any other financial control that the implementation contractor must maintain in a fee-based system. Such controls must be specified in any RFP that requires the implementation contractor to handle money on behalf of the State.
g) Funding Source/Fees -The contractor shall prepare a report on the sources of funds
that that may, at the State's option will be included in the RFP. The State Contract Manager shall provide the contractor with this information. If fees are to be collected by the pcontractor, the consultant shall prepare a complete discussion on the collection of fees as noted above in Payment.
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h) Insurance – The contractor shall provide recommended minimum levels of insurance that the implementation contractor must have and specifications for that insurance.
i) Bonds – The contractor shall advise the State on the need for the implementation
contractor to be bonded and the suggested amount of those bonds. The bonds could be, but are not limited to, bid bonds, performance bonds and/or subcontractor payment bonds.
j) Contract Duration – The contractor shall advise the State on the its recommended
duration of the contract and provide a justification for that contract duration. k) Contract Extensions – The contractor shall advise the State as to the advisability of
contract extensions. l) Price Escalations – The Contractor shall advise the State on whether and how much to
incorporate price increases over the term of the contract, particularly if the contract term is longer than three (3) years. The contractor shall provide a section on the approach to those price escalations and how those escalations will be specifically determined and applied over the term of the contract extension.
m) Licenses and Permits – The Scope of Work shall include a section on licenses and
permits that specifies the licenses, permits and registrations that the implementation contractor or its staff must hold.
n) Minimum Qualifications and Experience – The contractor shall determine if bidders
should have minimum qualifications or experience in order to be eligible to bid and advise the State on those qualifications and prepare a section in the RFP of those qualifications, if the State Contract Manager agrees to those qualifications. Minimum qualifications shall be developed for the implementation contractor’s staff.
o) Retainage – The contractor shall advise the State on whether or not the State should
withhold retainage on any payments due the implementation contractor and when such retainage should be paid.
p) Transitions – The contractor shall provide for specifications on transitions between
contracts. This includes an initial mobilization transition at the beginning of the contract and a demobilization transition at the end of the contract.
q) Proposal Preparation and Submission: The contractor shall delineate the
requirements for bid submission. The contractor shall specify minimum qualifications and experience the bidders to be eligible for contract award. The contractor shall specify minimum qualifications for the bidder’s personnel. The contractor shall require the bidder to supply documentation of experience and qualifications. The contractor shall specify any equipment that the bidder must provide.
r) Bid Submission – The RFP shall have a mix of required bid submissions. These
submissions shall include the qualifications and experience of the bidder and the bidder’s staff. The RFP shall require the bidder to discuss its approach to perform the scope of work. The RFP shall require the bidders to submit specialized information, such as any special equipment that the implementation contractor must propose and use to perform work. The contractor shall advise the State on the information that the bidders must submit and shall prepare those bid submission requirements in writing to be inserted into the RFP.
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s) Standard State Language and Forms: The contractor shall include in the RFP all items required and provided by the State and any other suggested sections or formats that the contractor may recommend.
t) Accountability – The contractor shall prepare for the RFP a section on accountability,
measures of performance and appropriate measures to determine non-performance. The measures of accountability in the performance of the contract shall include appropriate measures to reduce payment or impose liquidated damages if the implementation contractor fails to perform. The contractor shall also include minimum levels of acceptable performance by the implementation contractor's staff. The scope of work must specify that the implementation contractor shall remove those workers from work assignments where those workers deliver substandard service or are the cause of complaints from the public or State Contract Manager. The RFP shall include appropriate mechanisms to allow the State to take action to correct contract non-performance or inappropriate performance that may occur.
The contractor shall submit all RFP(s) to the State Contract Manager for approval prior to each RFP being subsequently submitted for approval by CMS and final approval by the Division. The contractor must perform all revisions as necessary in response to Division and CMS comments, questions and concerns. 3.10.2.3 ASSISTANCE IN THE BIDDING PROCESS The contractor shall provide technical support to the State Contract Manager and the State procurement assistance team in answering any technical questions that potential bidders may have concerning the requirements in the RFP during the electronic question and answer period and assist the State with any site visits from potential bidders. The contractor shall serve as an advisor to the State in the bidding process and may not have any contact with any potential bidders during the bidding and contract award process. All contact with potential bidders will be performed by the buyer assigned to the procurement from the Purchase Bureau in the New Jersey Department of the Treasury, exclusively through email and issuance of addenda to any RFP. 3.10.3 PROPOSAL EVALUATION PLAN (PEP) AND ASSOCIATED CRITERIA The contractor shall design a proposal evaluation plan (PEP) that describes the overall process, assigns roles and responsibilities and details evaluation criteria (both technical and cost) that matches the overall objectives of the pMMIS. Most importantly, the contractor must ensure that evaluation criteria map directly to the RFP(s) requirements. The contractor must assist DMAHS and the Division with developing scoring and ranking procedures based on an approved evaluation approach. Such assistance includes, but is not limited to assigning maximum values to the evaluation criteria, determining the method for assigning points and developing materials for use by the evaluation team. The scoring methodology must translate the evaluation criteria into a quantitative score for each bidder submitting in response to the RFP to design, develop and implement the pMMIS. 3.10.4 IMPLEMENTATION CONTRACTOR SELECTION PROCESS The contractor shall assist the State in selecting the pMMIS contractor to design develop and implement the pMMIS. The contractor must comply with requirements for serving on an Evaluation Committee and undergo vetting by the Division in order to serve in the capacity of technical advisor as the Evaluation Committee reviews and evaluates each bid proposal received
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in response to the RFP to design, develop and implement the pMMIS. However, the State shall ultimately decide on the award of any contract resulting from the pMMIS RFP. The contractor’s review of pMMIS bid proposals shall include, but is not limited to, evaluation of the following criteria:
a) how well the bid proposal meets the functional and business requirements set forth
in the Implementation RFP; b) does the proposal meet the requirements of MITA; c) bidder’s general and detailed approaches to meeting requirements of the RFP; d) overall project management; e) concordance between the bid proposal in line with the bidder’s cost analysis; f) staff credentials; g) how well the proposal meets the implementation and development activities as
detailed in the RFP; and h) bidders size, organizational resources and financial strength to determine the
bidders’ overall i) ability to undertake and successfully complete the project.
The contractor shall review all bids as a non-voting Evaluation Committee member and shall provide comparisons between and among bidders that will assist the Evaluation Committee in understanding similarities and differences in the bids. The contractor shall be called upon to render an opinion to the Evaluation Committee on any cost benefit analysis that the Evaluation Committee undertakes to weigh technical and personnel submissions against the price proposals. The contractor must also create an Evaluation Committee Report, following the Division’s template, that provides narrative as to the bidding process, all scoring of bid proposals and the rationale underpinning the scores of each bid submission. In addition, the contractor shall create written responses to all protests that may result from the award selection. If this work is required, the contractor will be provided with a copy of the protest and must submit a budget including but not limited to, identification of contractor staff –by name and labor title and estimated hours for its response to the project. For this work the contractor will be paid at the All Inclusive Firm Fixed Hourly Rate for each respective labor title as bid in response to this RFP. 3.11 INDEPENDENT VERIFICATION AND VALIDATION/QUALITY ASSURANCE (IV & V/QA) PROJECT STEP 3 After the pMMIS contract is awarded, the contractor must perform Independent Verification and Validation (IV & V/QA) services to establish the appropriate quality control and audit efforts for the project, independent of the pMMIS contractor’s implementation efforts. The contractor’s IV&V/QA shall ensure that its services include verification, validation and quality assurance processes. The contractor must also assist DMAHS in verifying and validating that the pMMIS performs according to specifications and requirements. In addition, the contractor shall verify that hardware and software for testing, as proposed by the pMMIS contractor is consistent with its own requirements. 3.11.1 UPDATE OF IV&V/QA PROJECT PLAN
As the contractor moves forward with its IV&V/QA activities it must update its IV&V/QA Project Plan as presented with its bid submission and provide the updated IV&V/QA Project Plan to the State Contract Manager each week and upon request by the State Contract Manager for approval. The contractor shall ensure that the IV&V/QA Project Plan reflects all changes related to IV&V/QA requirements.
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3.11.2 VERIFICATION PROCESS The contractor shall verify that the PMMIS is designed, developed and implemented in accordance with design document requirements and functions properly. The contractor shall develop an overall plan for verifying that the PMMIS meets the documented requirements and includes, but not limited to:
a) detailing key project deliverables to identify and prioritize testable requirements; b) describing the verification strategy documenting the objectives, scope, approach,
standards and procedures, and tools to be used in the verification effort; c) includes administrative activities, e.g., resources scheduling, coordination of
activities and other administrative tasks in support of the verification effort; d) identification and documentation of problem issues and how the contractor shall
track to resolution; e) documentation of risks associated with verification activities along with proposed
mitigation approaches; and f) schedule for regular review meetings.
The contractor must submit the overall plan to the State Contract manager for approval. The contractor shall also develop plan documentation that verifies the PMMIS meets stated requirements. The contractor shall ensure verification documentation in a format approved by the State Contract Manager that includes, but not limited to:
a) verification schedule; b) verification process issues log; c) incident management process; d) change request process; e) test plan; f) work breakdown structure (WBS) related to verification activities; and g) weekly status reports.
The contractor shall provide independent integration testing services covering all aspects of the PMMIS and all subsystems. These services must conform to industry best practices and established quality control principles. The contractor’s plan to test the new PMMIS must include, but not be limited to:
a) development of a test data repository; b) implementation of automated testing tools and related standards and procedures; c) activities required of contractor, PMMIS contractor and DMAHS staff; d) development of test data; e) development of test cases, test scenarios, test runs, and test scripts, including automated
test scripts; f) development of test case outcomes; g) document how the PMMIS contractor will execute the testing; and h) presenting an overview of the MITA process to State personnel.
3.11.3 VALIDATION SERVICES The contractor shall provide validation support services to DMAHS to ensure that all appropriate business issues have been satisfactorily addressed. Validation services must ensure that the pMMIS system shall meet current and planned business needs of DMAHS, and that all necessary training, policy, process and procedural changes have been defined and implemented within DMAHS.
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To validate that the pMMIS meets the needs of DMAHS, the contractor must develop a validation strategy that includes, but is not limited to:
a) assurances the pMMIS meets DMAHS business functions and processes as described in the “To-Be” assessment;
b) documents that all verification testing has been successfully completed; c) a training plan and requisite materials for use in training DMAHS staff in the use
and operation of the pMMIS; d) documentation of the changes in policies, processes and procedures as a result of
implementing the pMMIS; e) a plan for supporting the CMS Certification process for the new system by
gathering and consolidating the information required for CMS Certification visit; f) a list of administrative activities and tasks in support of the validation effort; g) weekly and monthly status reports to DMAHS that clearly describe the status of the
validation effort. These status reports must be prepared and delivered separately from the status reports of the verification effort;
h) project deliverables for review by DMAHS and schedule and participate in regular meetings for the review of all deliverables. All issues and review comments shall be discussed in the regular meetings;
i) Identifying, collecting, organizing and preparing all pertinent documentation for the CMS Certification process;
j) a plan to coordinate the certification efforts and provide direction to DMAHS during the CMS Certification visit to ensure that CMS needs are met; and
k) all other responsibilities and attendant deliverables that shall be required within the scope of these services.
3.11.4 QUALITY ASSURANCE SERVICES The contractor shall conduct overall quality assurance services of the entire Design, Development and Implementation (Step 2) process. Should DMAHS determine to replace its eMMIS in modules over a period of time, verification and validation services for different modules will overlap. The contractor must assist DMAHS in identifying significant risks and variances from the defined schedules, plans and processes for the implementation of the pMMIS as a whole. The contractor shall provide a set of quality assurance services which include, but are not limited to:
a) review and monitoring of work plans produced by the pMMIS contractor; b) assessment of the implementation plan of the successful pMMIS contractor for
new software, systems, and supporting processes and all system related functionality as a part of this project to ensure all products meet the requirements of the project. Implementation plans shall include, but are not limited to, infrastructure readiness, adequacy of system support processes, integration plan, data conversion plan, the disaster recovery plan, and the plan to transition to the new product(s);
c) as part of the implementation assessment, the contractor shall also monitor the cutover of eMMIS systems to any new products and provide reports of the technical aspects of the cutover activities by the pMMIS contractor;
d) review deliverables to ensure compliance with pMMIS contractor implementation project plans. Identified issues and risks shall be reviewed with the State Contract Manager for resolution;
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e) assess the overall Project’s compliance with the terms and requirements of the MITA concepts and maintain familiarity with the most up-to-date MITA framework and provide DMAHS with updates based on changes to MITA; and
f) make recommendations to DMAHS for any needed system changes during implementation.
3.12 IMPLEMENTATION SIGN-OFF
Before DMAHS accepts and approves any completion of implementation from the pMMIS contractor, the contractor must prepare an implementation sign-off approval document. This document shall state that the contractor attests to the following:
a) all deliverables meet the requirements set forth in the contract with the pMMIS
contractor; b) all deliverables set forth in the pMMIS contract have passed all tests successfully;
and c) there are no outstanding findings related to the design and development of the
pMMIS which preclude implementing any deliverable. The contractor must submit the sign-off approval document to the State Contract Manager for approval prior to its use.
3.13 CMS CERTIFICATION Using established CMS Certification Checklists, the contractor must document whether the pMMIS meets and or exceeds the requirements of each individual item contained within the Certification CMS Checklists. This pre-certification must be completed prior to DMAHS seeking certification of the pMMIS from CMS. The contractor must work with State personnel to ensure that the pMMIS contractor will meet CMS certification for the pMMIS.
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4.0 BID PROPOSAL PREPARATION AND SUBMISSION 4.1 GENERAL The bidder is advised to thoroughly read and follow all instructions contained in this RFP, including the instructions on the RFP’s signatory page, in preparing and submitting its bid proposal.
Note: Bid proposals shall not contain URLs (Uniform Resource Locators, i.e., the global address of documents and other resources on the world wide web) or web addresses. Inasmuch as the web contains dynamically changing content, inclusion of a URL or web address in a bid response is indicative of potentially changing information. Inclusion of a URL or web address in a bid response implies that the bid's content changes as the referenced web pages change.
4.2 BID 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 signatory page http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. Bidders are cautioned to allow adequate delivery time to ensure timely delivery of bid proposals. State regulation mandates that late bid proposals are ineligible for consideration. THE EXTERIOR OF ALL BID PROPOSAL PACKAGES ARE TO BE LABELED WITH THE BID IDENTIFICATION NUMBER AND THE FINAL BID OPENING DATE OR RISK NOT BEING RECEIVED IN TIME. 4.3 NUMBER OF BID PROPOSAL COPIES The bidder must submit one (1) complete ORIGINAL bid proposal, clearly marked as the “ORIGINAL” bid proposal. The bidder should submit eight (8) full, complete and exact copies and one (1) unbound, complete and exact copy of the original. The copies requested are necessary in the evaluation of the bid proposal. A bidder failing to provide the requested number of copies will be charged the cost incurred by the State in producing the requested number of copies. It is suggested that the bidder make and retain a copy of its bid proposal. The bidder should also submit (1) full, complete copy of the original proposal in PDF file format to be viewable and “read only” by State evaluators using Adobe Acrobat Reader software on compact disc (CD), and exact ELECTRONIC copy of the original proposal in an editable and “writable” PDF file format on CD for redaction. 4.4 BID PROPOSAL CONTENT The bid proposal should be submitted in one volume and that volume divided into four (4) sections with tabs (separators), and the content of the material located behind each tab, as follows:
4.4.1 FORMS THAT MUST BE SUBMITTED WITH BID PROPOSAL 4.4.1.1 SIGNATORY PAGE The bidder shall complete and submit the Signatory page provided on the Advertised Solicitation, Current Bid Opportunities webpage http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. The Signatory page shall be signed by an authorized representative of the bidder. If the bidder is a limited partnership, the Signatory page must be signed by a general partner. If the bidder is a joint venture, the Signatory page must be signed by a principal of each party to the joint venture. Failure to comply will result in rejection of the bid proposal. 4.4.1.2 OWNERSHIP DISCLOSURE FORM In the event the bidder is a corporation, partnership or sole proprietorship, the bidder must complete the attached Ownership Disclosure Form. A current completed Ownership Disclosure Form must be received prior to or accompany the bid proposal. Failure to do so will preclude the award of a contract. The Ownership Disclosure Form is located on the Advertised Solicitation, Current Bid Opportunities webpage http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. 4.4.1.3 DISCLOSURE OF INVESTIGATIONS/ACTIONS INVOLVING BIDDER The bidder shall provide a detailed description of any investigation, litigation, including administrative complaints or other administrative proceedings, involving any public sector clients during the past five 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. The bidder shall use the Disclosure of Investigations and Actions Involving Bidder form located on the Advertised Solicitation, Current Bid Opportunities webpage http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. 4.4.1.4 NOTICE OF INTENT TO SUBCONTRACT FORM All bidders should complete the attached Notice of Intent to Subcontract Form http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml to advise the State as to whether or not a subcontractor will be utilized to provide any goods or services under the contract. If this is a Small Business Subcontracting set-aside contract, the bidder must comply with the Procedures for Small Business Participation as Subcontractors set forth in http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. 4.4.1.5 SUBCONTRACTOR UTILIZATION FORM If the bidder intends to utilize a subcontractor, the Subcontractor Utilization Form http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml should be completed and submitted with the bid proposal.
4.4.2 PROOFS OF REGISTRATION THAT MUST BE SUBMITTED WITH THE BID PROPOSAL 4.4.2.1 BUSINESS REGISTRATION CERTIFICATE FROM THE DIVISION OF REVENUE FAILURE TO SUBMIT A COPY OF THE BIDDER’S BUSINESS REGISTRATION CERTIFICATE (OR INTERIM REGISTRATION) FROM THE DIVISION OF REVENUE WITH THE BID PROPOSAL MAY BE CAUSE FOR REJECTION OF THE BID PROPOSAL. The bidder may go to www.nj.gov/njbgs to register with the New Jersey Division of Revenue or to obtain a copy of an existing Business Registration Certificate. Refer to Section 1.1. of the NJ Standard Terms and Conditions version 07/27/07 located on the Advertised Solicitation, Current Bid Opportunities webpage http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. 4.4.2.2 SMALL BUSINESS SET-ASIDE CONTRACTS This is a contract with set aside subcontracting goals for Small Businesses. All bidders should include in their bid proposal a completed and signed Notice of Intent to Subcontract form located on the Advertised Solicitation, Current Bid Opportunities webpage http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. Bidders intending to utilize subcontractors should also include a completed and signed Subcontractor Utilization Plan form located on the Advertised Solicitation, Current Bid Opportunities webpage http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. Failure to submit the required forms may result in a determination that the bid is materially non-responsive. Bidders seeking eligible small businesses should contact the Division of Small, Women and Minority Business Development (609) 292-2146. 4.4.3 FORMS THAT MUST BE SUBMITTED BEFORE CONTRACT AWARD AND SHOULD BE SUBMITTED WITH THE BID PROPOSAL. 4.4.3.1 MACBRIDE PRINCIPLES CERTIFICATION The bidder is required to complete the attached MacBride Principles Certification evidencing compliance with the MacBride Principles. The requirement is a precondition to entering into a State contract. The MacBride Principles Certification Form is located on the Advertised Solicitation, Current Bid Opportunities webpage: http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. 4.4.3.2 AFFIRMATIVE ACTION The bidder is required to submit a copy of Certificate of Employee Information or a copy of Federal Letter of Approval verifying that the bidder is operating under a federally approved or sanctioned Affirmative Action program. If the bidder has neither document of Affirmative Action evidence, then the bidder must complete the attached Affirmative Action Employee Information Report (AA-302). This requirement is a precondition to entering into a State contract. The Affirmative Action Employee Information Report (AA-302) is located on the Advertised Solicitation, Current Bid Opportunities webpage: http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml.
4.4.3.3 SERVICES SOURCE DISCLOSURE FORM Pursuant to N.J.S.A. 52:34-13.2, the bidder is required to submit with its bid proposal a completed source disclosure form. The Services Source Disclosure Form is located on the Advertised Solicitation, Current Bid Opportunities webpage http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. Refer to section 7.1.2 of this RFP. 4.4.4 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 bid proposal should contain at least the following information: 4.4.4.1 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 bid proposal will lead to successful contract completion.
The bidder must include a Planning Project Plan within its proposal. Such a Planning Project Plan should detail activities and estimated time frames for the planning portion of the project and is intended for use by DMAHS and the bidder (should bidder be awarded the contract resulting from this RFP) through the planning activities included in Step 1 of the project. The Planning Project Plan, at a minimum, should include or identify:
a) all activities required for completion of Step 1 along with detailed explanation of each
activity including the bidder’s understanding of the responsibilities, tasks, and deliverables required of the contractor;
b) steps necessary to complete each activity; c) milestones to be met and the anticipated outcome for each activity; d) staff to be assigned (e.g., total number of persons, skill sets, and percentage of time to be
spent on project); e) DMAHS staff assignment needs (e.g., total number of persons, skill sets, and percentage
of time needed on the project); f) where the activities will occur, such as on-site or off-site; g) time frame parameters for completing the activities; h) mitigation plan for any risks identified; i) GANTT chart of the project schedule in Microsoft Project; j) plan for change control management; k) plan for issues tracking/management; l) Status Report formats;
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m) formats for all deliverables; n) communication plan; o) sample Business and Technology GAP Analyses; and p) problem resolution escalation plan.
A bidder must describe in detail its plan for handling the Step 3 IV & V/QA portion of the project. At a minimum, the plan must include any services, tasks, and deliverables stated in this section. In addition, the bidder in its response must detail any additional software that will be required for completion of the project. The bidder shall have all software needed to complete the project thus additional software should not be included in the bidder’s price bid. Additional software requirements needed by DMAHS to complete the project may be subject to state procurement regulations. Final determination of all software requirements will be established during contract negotiations.
The bidder must detail any specific hardware requirements, needed to complete the project. These requirements will be compared to existing DMAHS resources. Any additional hardware requirements needed by DMAHS to complete the project may be subject to state procurement regulations and may negatively impact the project. The bidder’s proposal must respond to each item in Attachment 1 - Functional Requirements Matrix (Matrix). The Matrix provides a structure that enables both the bidder and DMAHS to readily determine if each requirement has been addressed. Bidders must ensure that responses to the Matrix follow the numbering in the Matrix and restate, verbatim, each requirement, followed by the response. Failure to number the responses this way may adversely affect the evaluation or render the proposal non-responsive. 4.4.4.2 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. 4.4.4.3 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. 4.4.4.4 MOBILIZATION AND IMPLEMENTATION PLAN Not applicable to this procurement. 4.4.4.5 POTENTIAL PROBLEMS
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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. 4.4.5 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. 4.4.5.1 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. 4.4.5.2 ORGANIZATION CHART (CONTRACT SPECIFIC) The bidder should include a contract organization chart, with names showing management, supervisory and other key personnel (including sub-vendor'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. 4.4.5.3 RESUMES Detailed resumes should be submitted for all management, supervisory and key personnel to be assigned to the contract. Resumes should be structured in accordance with the attached format (Attachment 2) 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 include the following:
• Clearly identify the individual's 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 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 addition, the resume of each key staff member should describe the individual’s knowledge and experience in the following:
a) overall MITA knowledge and experience; b) Medicaid business process knowledge in the MITA 8 key business process areas
including Member Management, Program Management, Provider Management, Care Management, Program Integrity Management, Contractor Management, Program integrity Management, Operations Management, Business Relationship Management;
c) service oriented architecture; d) Health Level 7 Standards; e) HIPAA EDI Standards; and f) proficiency in MS Project, MS PowerPoint and MS Excel.
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4.4.5.4 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 need to be replaced during the contract term. 4.4.5.5 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 to the contract to the bidder's overall organizational structure. 4.4.5.6 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 the work 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 two names and telephone numbers of individuals for the other contract party. Beginning and ending dates should also be given for each contract. 4.4.5.7 FINANCIAL CAPABILITY OF THE BIDDER In order to provide the State with the ability to judge the bidder’s financial capacity and capabilities to undertake and successfully complete the contract, the bidder should submit certified financial statements to include a balance sheet, income statement and statement of cash flow, and all applicable notes for the most recent calendar year or the bidder’s most recent fiscal year. If certified financial statements are not available, the bidder should provide either a reviewed or compiled statement from an independent accountant setting forth the same information required for the certified financial statements, together with a certification from the Chief Executive Officer and the Chief Financial Officer, that the financial statements and other information included in the statements fairly present in all material respects the financial condition, results of operations and cash flows of the bidder as of, and for, the periods presented in the statements. In addition, the bidder should submit a bank reference. If the information is not supplied with the bid proposal, the State may still require the bidder to submit it. If the bidder fails to comply with the request within seven (7) business days, the State may deem the proposal non-responsive. A bidder may designate specific financial information as not subject to disclosure when the bidder has a good faith legal/factual basis for such assertion. Bidder may submit specific financial documents in a separate, sealed package clearly marked “Confidential-Financial Information” along with the Bid Proposal. The State reserves the right to make the determination to accept the assertion and shall so advise the bidder.
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4.4.5.8 SUBCONTRACTOR(S) All bidders must complete the Notice of Intent to Subcontract Form whether or not they intend to utilize subcontractors in connection with the work set forth in this RFP. If the bidder intends to utilize subcontractor(s), then the Subcontractor Utilization Plan must also be submitted with the bid. N.J.A.C. 17:13-4 and Executive Order 71 mandate that if the bidder proposes to utilize a subcontractor, the bidder must make a good faith effort to meet the set-aside subcontracting targets of awarding a total of twenty-five percent (25%) of the value of the contract to New Jersey-based, New Jersey Commerce, Economic Growth & Tourism Commission registered small businesses, with a minimum of five (5) percent awarded to each of the three categories set forth below, and the balance of ten (10) percent spread across the three annual gross revenue categories: Category I – $1 to $500,000; Category II - $500,001 to $5,000,000; Category III - $5,000,001 to $12,000,000. Should the bidder choose to use subcontractors and fail to meet the Small Business Subcontracting targets set forth above, the bidder must submit documentation demonstrating its good faith effort to meet the targets with its bid proposal or within seven (7) business days upon request. 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. The bidder must provide a detailed description of services to be provided by each subcontractor, referencing the applicable Section or Subsection of this RFP. 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. 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. 4.4.6 PRICE SCHEDULE The bidder must submit its pricing using the format set forth in the State supplied price sheet(s) attached to this RFP. Failure to submit all information required will result in the bid being considered non-responsive. Each bidder is required to hold its prices firm through issuance of contract.
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5.0 SPECIAL CONTRACTUAL TERMS AND CONDITIONS 5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS The contract awarded as a result of this RFP shall consist of this RFP, addendum to this RFP, the contractor's bid proposal and the Division's Notice of Award. Unless specifically stated within this RFP, the Special Contractual Terms and Conditions of the RFP take precedence over the NJ Standard Terms and Conditions version 07/27/07 located on the Advertised Solicitation, Current Bid Opportunities webpage: http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml.
In the event of a conflict between the provisions of this RFP, including the Special Contractual Terms and Conditions and the NJ Standard Terms and Conditions version 07/27/07, and any Addendum to this 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 CONTRACT TERM AND EXTENSION OPTION The term of the contract shall be for a period of three (3) years. While the estimated time to complete Step 1 (Planning) is 24 months, this term should ensure completion of Step 2 (Design, Development and Implementation) and activities related to Step 3 (IV&V / QA). The anticipated “Contract Effective Date” is provided on the signatory page of this RFP located on the Advertised Solicitation, Current Bid Opportunities webpage, http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. 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 two (2) additional periods of up to one (1) year, by mutual written consent of the contractor and the Director at the same terms, conditions and pricing. The length of each extension shall be determined when the extension request is processed. Should the contract be extended, the contractor shall be paid at the rates in effect in the last year of the contract. 5.3 CONTRACT TRANSITION In the event that a new contract has not been awarded prior to the contract expiration date, as may be extended herein, it shall be incumbent upon the contractor to continue the contract under the same terms and conditions until a new contract can be completely operational. At no time shall this transition period extend more than 90 days beyond the expiration date of the contract. 5.4 CONTRACT AMENDMENT Any changes or modifications to the terms of the contract shall be valid only when they have been reduced to writing and signed by the contractor and the Director.
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5.5 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.
5.6 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 Contract Manager for consideration and approval. The contractor must ensure that its request includes an updated contract-specific organizational chart. No substitute personnel are authorized to begin work until the contractor has received written approval to proceed from the State Contract Manager.
5.7 SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)
This Subsection serves to supplement but not to supersede Section 3.11 of the NJ Standard Terms and Conditions version 07/27/07 located on the Advertised Solicitation, Current Bid Opportunities webpage. 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 must provide detailed justification documenting the necessity for the substitution or addition. The contractor must provide detailed 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 bid proposal. 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. If the State Contract Manager approves the request, the State Contract Manager will forward the request to the Director for final approval.
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No substituted or additional subcontractors are authorized to begin work until the contractor has received written approval from the Director. 5.8 OWNERSHIP OF MATERIAL 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, software computer programs and accompanying documentation and 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 this contract shall be and remain the property of the State of New Jersey and shall be delivered to the State of New Jersey upon 30 days notice by the State. With respect to software computer programs and/or source codes developed for the State, the work shall be considered “work for hire”, i.e., the State, not the contractor or subcontractor, shall have full and complete ownership of all software computer programs and/or source codes developed. To the extent that any of such materials may not, by operation of the law, be a work made for hire in accordance with the terms of this Agreement, contractor or subcontractor hereby assigns to the State all right, title and interest in and to any such material, and the State shall have the right to obtain and hold in its own name and copyrights, registrations and any other proprietary rights that may be available. Should the bidder anticipate bringing pre-existing intellectual property into the project, the intellectual property must be identified in the bid proposal. Otherwise, the language in the first paragraph of this section prevails. If the bidder identifies such intellectual property ("Background IP") in its bid proposal, then the Background IP owned by the bidder on the date of the contract, as well as any modifications or adaptations thereto, remain the property of the bidder. Upon contract award, the bidder or contractor shall grant the State a non-exclusive, perpetual royalty free license to use any of the bidder/contractor's Background IP delivered to the State for the purposes contemplated by the Contract. 5.9 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. 5.10 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. 5.11 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.
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5.12 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 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. 5.13 CLAIMS AND REMEDIES 5.13.1 CLAIMS 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. 5.13.2 REMEDIES Nothing in the contract shall be construed to be a waiver by the State of any warranty, expressed or implied, of any remedy at law or equity, except as specifically and expressly stated in a writing executed by the Director. 5.13.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS In the event that the contractor fails to comply with any material contract requirements, the Director may take steps to terminate the contract in accordance with the State administrative code and/or authorize the delivery of contract items by any available means, with the difference between the price paid and the defaulting contractor's price either being deducted from any monies due the defaulting contractor or being an obligation owed the State by the defaulting contractor. 5.14 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. 5.15 RETAINAGE 10 % The amount of retainage is 10% and is noted on the RFP signatory 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 100%of the retainage for the preceding three (3) month period. However, if the contractor’s performance is not satisfactory such that expected deliverables have not been delivered or the deliverables do not meet the standards specified in this contract, the State Contract Manager may continue to withhold payment of the retainage until the issues involved with the unsatisfactory performance are resolved. 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.
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5.16 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 Contract 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 price schedule. 5.17 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. 5.18 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. 5.19 CONTRACT PRICE INCREASE (PREVAILING WAGE) If the Prevailing Wage Act (N.J.S.A. 34:11-56 et seq.) is applicable to the contract, the contractor may apply to the Director, on the anniversary of the effective date of the contract, for a contract price increase. The contract price increase will be available only for an increase in the prevailing wages of trades and occupations covered under this contract during the prior year. The contractor must substantiate with documentation the need for the increase and submit it to the Director for review and determination of the amount, if any, of the requested increase, which shall be available for the upcoming contract year. No retroactive increases will be approved by the Director. 5.20 PUBLIC WORKS CONTRACT-ADDITIONAL AFFIRMATIVE ACTION REQUIREMENT N.J.S.A. 10:5-33 requires that: "During the performance of this contract, the contractor agrees as follows: a) The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be limited to the
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following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause; b) The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex; c) The contractor or subcontractor where applicable, will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment." 5.21 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 price schedule 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 price schedule 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 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 performed without the Director’s written approval.
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5.22 FORM OF COMPENSATION AND PAYMENT This Section supplements Section 4.5 of the NJ Standard Terms and Conditions version 07/27/07, located on the Advertised Solicitation, Current Bid Opportunities webpage http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. 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. In addition, primary contractors must provide, on a monthly and cumulative basis, a breakdown in accordance with the budget submitted, of all monies paid to any small business subcontractor(s). This breakdown shall be sent to the Purchase Bureau Business Unit, Set-Aside Coordinator. 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. 5.22.1 PAYMENT TO CONTRACTOR - OPTIONAL METHOD Not applicable to this procurement. 5.23 MODIFICATIONS AND CHANGES TO THE NJ STANDARD TERMS AND CONDITIONS VERSION 07/27/07
NJ Standard Terms and Conditions version 07/27/07 are located on the Advertised Solicitation, Current Bid Opportunities webpage http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. 5.23.1 PATENT AND COPYRIGHT INDEMNITY Section 2.1 of the NJ Standard Terms and Conditions version 07/27/07 is deleted and replaced with the following: 2.1 Patent and Copyright Indemnity a) The Contractor shall hold and save the State of New Jersey, its officers, agents, servants and employees, harmless from liability of any nature or kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of the contract. b) The State of New Jersey agrees: (1) to promptly notify the Contractor in writing of such claim or suit; (2) that the Contractor shall have control of the defense of settlement of such claim or suit; and (3) to cooperate with the Contractor in the defense of such claim or suit, to the extent that the interests of the Contractor and the State are consistent. c) In the event of such claim or suit, the Contractor, at its option, may: (1) procure for the State of New Jersey the legal right to continue the use of the product; (2) replace or modify the product to
provide a non-infringing product that is the functional equivalent; or (3) refund the purchase price less a reasonable allowance for use that is agreed to by both parties.
5.23.2 INDEMNIFICATION Section 2.2 of the NJ Standard Terms and Conditions version 07/27/07, is deleted and replaced with the following: 2.2 Indemnification The contractor's liability to the State for actual, direct damages resulting from the contractor's performance or non-performance, or in any manner related to the contract, for any and all claims, shall be limited in the aggregate to 500 % of the value of the contract, except that such limitation of liability shall not apply to the following: 1. 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 under the contract caused by negligence or willful misconduct of the contractor; 2. The contractor's breach of its obligations of confidentiality; and, 3. 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 contained in Section 2.3 of the NJ Standard Terms and Conditions version 07/27/07. The contractor shall not be liable for special, consequential, or incidental damages. 5.23.3 INSURANCE - PROFESSIONAL LIABILITY INSURANCE Section 2.3 of the NJ Standard Terms and Conditions version 07/27/07 regarding insurance is modified with the addition of the following section regarding Professional Liability Insurance. d) 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 the professional obligations performed pursuant to the requirements of the Contract. The insurance shall be in the amount of not less than $1,000,000 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 the Contract, it shall obtain from its new Errors and Omissions, Professional Liability Insurance and/or Professional Malpractice Insurance carrier an endorsement for retroactive coverage. 5.24 CONTRACT ACTIVITY REPORT Not applicable to this procurement.
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6.0 PROPOSAL EVALUATION 6.1 PROPOSAL EVALUATION COMMITTEE Bid 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 BID PROPOSAL After the submission of bid proposals, unless requested by the State as noted below, vendor contact with the State is still not permitted. 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 TECHNICAL EVALUATION CRITERIA
A) The bidder's general approach and plans in meeting the requirements of this RFP.
B) The bidder's detailed approach and plans to perform the services required by the Scope of Work of this RFP.
C) The bidder’s documented experience in successfully completing contracts of a similar size
and scope to the work required by this RFP.
D) 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 the work required by this RFP.
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E) 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.
6.3.2 BIDDER’S PRICE SCHEDULE For evaluation purposes, bidders will be ranked according to the total bid price located on the end of the RFP. 6.3.3 BID DISCREPANCIES In evaluating bids, discrepancies between words and figures will be resolved in favor of words. Discrepancies between unit prices and totals of unit prices will be resolved in favor of unit prices. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated total of multiplied unit prices and units of work and the actual total will be resolved in favor of the actual total. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the corrected sum of the column of figures. 6.3.4 EVALUATION OF THE BID PROPOSALS The Evaluation Committee will complete its evaluation and recommend to the Director for award the responsible bidder(s) whose bid proposal, conforming to this RFP, is most advantageous to the State, price and other factors considered. The Evaluation Committee considers and assesses price, technical criteria, and other factors during the evaluation process. 6.4 NEGOTIATION AND BEST AND FINAL OFFER (BAFO) Following the opening of bid proposals, the State shall, pursuant to N.J.S.A. 52:34-12(f), negotiate one or more of the following contractual issues: the technical services offered, the terms and conditions and/or the price of a proposed contract award with any bidder, and/or solicit a Best and Final Offer (BAFO) from one or more bidders. Initially, the Evaluation Committee will conduct a review of all the bids and select bidders to contact to negotiate and/or conduct a BAFO based on its evaluation and determination of the bid proposals that best satisfy the evaluation criteria and RFP requirements, and that are most advantageous to the State, price and other factors considered. The Committee may not contact all bidders to negotiate and/or to submit a BAFO. In response to the State's request to negotiate, bidders must continue to satisfy all mandatory RFP requirements but may improve upon their original technical proposal in any revised technical proposal. However, any revised technical proposal that does not continue to satisfy all mandatory requirements will be rejected as non-responsive and the original technical proposal will be used for any further evaluation purposes in accordance with the following procedure. In response to the State's request for a BAFO, bidders may submit a revised price proposal that is equal to or lower in price than their original submission, but must continue to satisfy all mandatory requirements. Any revised price proposal that is higher in price than the original will be rejected as non-responsive and the original bid will be used for any further evaluation purposes.
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After receipt of the results of the negotiation and/or the BAFO(s), the Evaluation Committee will complete its evaluation and recommend to the Director for award that responsible bidder(s) whose bid proposal, conforming to this RFP, is most advantageous to the State, price and other factors considered. All contacts, records of initial evaluations, any correspondence with bidders related to any request for negotiation or BAFO, any revised technical and/or price proposals, the Evaluation Committee Report and the Award Recommendation, will remain confidential until a Notice of Intent to Award a contract is issued.
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7.0 CONTRACT AWARD 7.1 DOCUMENTS REQUIRED BEFORE CONTRACT AWARD 7.1.1 REQUIREMENTS OF N.J.S.A. 19:44A-20.13-25 (FORMERLY EXECUTIVE ORDER 134) In order to safeguard the integrity of State government procurement by imposing restrictions to insulate the negotiation and award of State contracts from political contributions that pose the risk of improper influence, purchase of access, or the appearance thereof, the Legislature enacted N.J.S.A. 19:44A-20.13 – 25 on March 22, 2005 the “Legislation”), retroactive to October 15, 2004, superseding the terms of Executive Order 134. Pursuant to the requirements of the Legislation, the terms and conditions set forth in this section are material terms of any contract resulting from this RFP: 7.1.1.1 DEFINITIONS For the purpose of this section, the following shall be defined as follows: a) Contribution – means a contribution reportable as a recipient under “The New Jersey Campaign Contributions and Expenditures Reporting Act.” P.L. 1973, c. 83 (C.19:44A-1 et seq.), and implementing regulations set forth at N.J.A.C. 19:25-7 and N.J.A.C. 19:25-10.1 et seq. Through December 31, 2004, contributions in excess of $400 during a reporting period were deemed "reportable" under these laws. As of January 1, 2005, that threshold was reduced to contributions in excess of $300. b) Business Entity – means any natural or legal person, business corporation, professional services corporation, Limited Liability Company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of New Jersey or any other state or foreign jurisdiction. The definition of a business entity includes (i)all principals who own or control more than 10 percent of the profits or assets of a business entity or 10 percent of the stock in the case of a business entity that is a corporation for profit, as appropriate; (ii)any subsidiaries directly or indirectly controlled by the business entity; (iii)any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee; and (iv)if a business entity is a natural person, that person’s spouse or child, residing in the same household. 7.1.1.2 BREACH OF TERMS OF THE LEGISLATION It shall be a breach of the terms of the contract for the Business Entity to (i)make or solicit a contribution in violation of the Legislation, (ii)knowingly conceal or misrepresent a contribution given or received; (iii)make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv)make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee or any candidate of holder of the public office of Governor, or to any State or county party committee; (v)engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the business entity itself, would subject that entity to the restrictions of the Legislation; (vi)fund contributions made by third parties, including consultants, attorneys, family members, and employees; (vii)engage in any exchange of contributions to circumvent the intent of the Legislation; or (viii)directly or indirectly through or by any other person or means, do any act which would subject that entity to the restrictions of the Legislation.
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7.1.1.3 CERTIFICATION AND DISCLOSURE REQUIREMENTS a) The State shall not enter into a contract to procure from any Business Entity services or any material, supplies or equipment, or to acquire, sell or lease any land or building, where the value of the transaction exceeds $17,500, if that Business Entity has solicited or made any contribution of money, or pledge of contribution, including in-kind contributions to a candidate committee and/or election fund of any candidate for or holder of the public office of Governor, or to any State or county political party committee during certain specified time periods b) Prior to awarding any contract or agreement to any Business Entity, the Business Entity proposed as the intended awardee of the contract shall submit the Certification and Disclosure form, certifying that no contributions prohibited by the Legislation have been made by the Business Entity and reporting all contributions the Business Entity made during the preceding four years to any political organization organized under 26 U.S.C.527 of the Internal Revenue Code that also meets the definition of a “continuing political committee” within the mean of N.J.S.A. 19:44A-3(n) and N.J.A.C. 19:25-1.7. The required form and instructions, available for review on the Purchase Bureau website at http://www.state.nj.us/treasury/purchase/forms.htm#eo134, shall be provided to the intended awardee for completion and submission to the Purchase Bureau with the Notice of Intent to Award. Upon receipt of a Notice of Intent to Award a Contract, the intended awardee shall submit to the Division, in care of the Purchase Bureau Buyer, the Certification and Disclosure(s) within five (5) business days of the State’s request. Failure to submit the required forms will preclude award of a contract under this RFP, as well as future contract opportunities. c) Further, the Contractor is required, on a continuing basis, to report any contributions it makes during the term of the contract, and any extension(s) thereof, at the time any such contribution is made. The required form and instructions, available for review on the Purchase Bureau website at http://www.state.nj.us/treasury/purchase/forms.htm#eo134, shall be provided to the intended awardee with the Notice of Intent to Award. 7.1.1.4 STATE TREASURER REVIEW The State Treasurer or his designee shall review the Disclosures submitted pursuant to this section, as well as any other pertinent information concerning the contributions or reports thereof by the intended awardee, prior to award, or during the term of the contract, by the contractor. If the State Treasurer determines that any contribution or action by the contractor constitutes a breach of contract that poses a conflict of interest in the awarding of the contract under this solicitation, the State Treasurer shall disqualify the Business Entity from award of such contract. 7.1.1.5 ADDITIONAL DISCLOSURE REQUIREMENT OF P.L. 2005, C. 271 Contractor is advised of its responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission (ELEC), pursuant to P.L. 2005, c. 271, section 3 if the contractor receives contracts in excess of $50,000 from a public entity in a calendar year. It is the contractor’s responsibility to determine if filing is necessary. Failure to so file can result in the imposition of financial penalties by ELEC. Additional information about this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
7.1.2 SOURCE DISCLOSURE REQUIREMENTS 7.1.2.1 REQUIREMENTS OF N.J.S.A. 52:34-13.2 Under the referenced statute, effective August 3, 2005, all contracts primarily for services awarded by the Director shall be performed within the United States, except when the Director certifies in writing a finding that a required service cannot be provided by a contractor or subcontractor within the United States and the certification is approved by the State Treasurer. 7.1.2.2 SOURCE DISCLOSURE REQUIREMENTS Pursuant to the statutory requirements, the intended awardee of a contract primarily for services with the State of New Jersey must disclose the location by country where services under the contract, including subcontracted services, will be performed. The Source Disclosure Certification form is located on the Advertised Solicitation, Current Bid Opportunities webpage http://www.state.nj.us/treasury/purchase/bid/summary/09x38407.shtml. FAILURE TO SUBMIT SOURCING INFORMATION WHEN REQUESTED BY THE STATE SHALL PRECLUDE AWARD OF A CONTRACT TO THE BIDDER. If any of the services cannot be performed within the United States, the bidder shall state with specificity the reasons why the services cannot be so performed. The Director shall determine whether sufficient justification has been provided by the bidder to form the basis of his certification that the services cannot be performed in the United States and whether to seek the approval of the Treasurer. 7.1.2.3 BREACH OF CONTRACT OF EXECUTIVE ORDER 129 A SHIFT TO PROVISION OF SERVICES OUTSIDE THE UNITED STATES DURING THE TERM OF THE CONTRACT SHALL BE DEEMED A BREACH OF CONTRACT. If, during the term of the contract, the contractor or subcontractor, who had on contract award declared that services would be performed in the United States, proceeds to shift the performance of any of the services outside the United States, the contractor shall be deemed to be in breach of its contract, which contract shall be subject to termination for cause pursuant to Section 3.5b.1 of the Standard Terms and Conditions version 07/27/07 of the RFP, unless previously approved by the Director and the Treasurer. 7.2 FINAL CONTRACT AWARD Contract award[s] shall be made with reasonable promptness by written notice to that responsible bidder(s), whose bid proposal(s), conforming to this RFP, is(are) most advantageous to the State, price, and other factors considered. Any or all bid proposals may be rejected when the State Treasurer or the Director determines that it is in the public interest to do so. 7.3 INSURANCE CERTIFICATES The contractor shall provide the State with current certificates of insurance for all coverages required by the terms of this contract, naming the State as an Additional Insured. 7.4 PERFORMANCE BOND Not applicable to this procurement.
8.0 CONTRACT ADMINISTRATION 8.1 CONTRACT MANAGER The State Contract Manager is the State employee responsible for the overall management and administration of the contract. The State Contract Manager for this project will be identified at the time of execution of contract. At that time, the contractor will be provided with the State Contract Manager’s name, department, division, agency, address, telephone number, fax phone number, and email address. 8.1.1 STATE CONTRACT MANAGER RESPONSIBILITIES For an agency contract where only one State office uses the contract, the State Contract Manager will be responsible for engaging the contractor, assuring that Purchase Orders are issued to the contractor, directing the contractor to perform the work of the contract, approving the deliverables and approving payment vouchers. The State Contract Manager is the person that the contractor will contact after the contract is executed for answers to any questions and concerns about any aspect of the contract. The State Contract Manager is responsible for coordinating the use and resolving minor disputes between the contractor and any component part of the State Contract Manager's Department. If the contract has multiple users, then the State Contract Manager shall be the central coordinator of the use of the contract for all Using Agencies, while other State employees engage and pay the contractor. All persons and agencies that use the contract must notify and coordinate the use of the contract with the State Contract Manager. 8.1.2 COORDINATION WITH THE STATE CONTRACT MANAGER Any contract user that is unable to resolve disputes with a contractor shall refer those disputes to the State Contract Manager for resolution. Any questions related to performance of the work of the contract by contract users shall be directed to the State Contract Manager. The contractor may contact the State Contract Manager if the contractor can not resolve a dispute with contract users.
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PRICE SCHEDULE 1
MEDICAID MIS REPLACEMENT PLANNING
AND INDEPENDENT VERIFICATION AND VALIDATION DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES
Bid Number 09-X-38407
Bidder's Name: ______________________________
Refer to RFP Section 2.1 for the definition of Fully Loaded Firm Fixed Price and All-Inclusive Hourly Rate.
Price Line
Project Step 1 Deliverables Unit
Unit Price (Fully Loaded Firm
Fixed Price) *
1. Approval of Contractor’s Modified Project Plan and Schedule (Section 3.2)
Task $
2. Review of eMMIS (Section 3.3) Task $
3. Training on State Self-Assessment Process (Section 3.4.1)
Total Bid Price Project Steps 1 and 3 (price lines 1 – 38) $
The bidder must provide a price for each Price Line or the bid proposal shall be considered non-responsive. * Price to be used to rank cost of proposal for evaluation.
All-Inclusive Firm Fixed Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food. Fully Loaded Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs. No additional fees or costs shall be paid by the State unless there is a change in the scope of work.
The bidder should also include a table of job titles and all inclusive firm fixed hourly rates for each job title designated to fulfill the specified tasks, activities, and deliverables specified in Section 3.0 of this RFP. The bidder should further present a budget for each Price Line in which the job title, corresponding all inclusive firm fixed hourly rate and estimated number of hours foots with the bidder’s Fully Loaded Firm Fixed Price Unit Price.
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Attachment 1 – Functional Requirements Matrix
Bidder must respond to each item in the Functional Requirements Matrix (Matrix). The Matrix provides a structure that enables both the bidder and the State to determine if each requirement has been addressed. Bidders’ responses must be in the following format: the requirement number, verbatim restatement of the description, followed by the bidder’s response. Failure to number the responses this way may adversely affect the evaluation or render the proposal non-responsive.
Type # Description
General Technical Services Bidder Requirement
1
The bidder must state it understands that if selected as the contractor resulting from this RFP, it shall serve in a dual capacity: assisting with Step 1 or the planning phase of the project; and serving as the quality control agent for DMAHS to perform activities identified in Step 3 IV&V / QA phase. Bidders must provide the names of other states in which it has acted in a dual capacity and the contact information for those states.
General Technical Services Bidder Requirement
2
The bidder must state it understands that if selected as the contractor for Steps 1 and 3, it, or any of its subcontractors will not be considered for award for Step 2 the Design, Development and Implementation of the pMMIS.
General Technical Services MITA
3
The bidder must confirm that all planning activities to replace the eMMIS will meet or exceed the guidelines set forth in the latest relevant MITA version (MITA 2.0 Framework or higher), including development of models, matrixes, diagrams and other documents. The bidder must supply the MITA models, matrixes, diagrams and other MITA related documents it produced for a project similar to the one described in this RFP.
General Technical Services MITA
4
The bidder must document that staff assigned to the project have expertise with the CMS MITA initiative by listing the staff, the MITA projects they have worked on, the MITA activities the staff performed and the products/documents that they produced.
General Technical Services MITA
5
The bidder must state it understands that it must assist DMAHS in coordinating the project with CMS. In its response the bidder must detail the method and manner of assistance with documented instances of working with CMS successfully in the past in similar projects.
General Technical Services Bidder Requirement
6
The bidder must describe how it will ensure that it will provide the staff required to complete the project in the agreed to timeframes.
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General Technical Services Bidder Requirement
7
The bidder must have a minimum of five (5) years experience in the Medicaid arena and must demonstrate a proven record of successful MMIS replacement planning projects similar in nature to the project described in this RFP by listing all of the Medicaid projects the bidder has participated in over the last five (5) years, a description of the project and their role in the project.
General Technical Services Bidder Requirement
8
The bidder must demonstrate it has experience as an independent quality control agent, validating and verifying that a MMIS meets the requirements for federal certification by listing the projects the bidder has participated in the last five (5) years as an independent quality control agent and the verification and validation services the bidder performed for those projects.
General Technical Services Bidder Requirement
9
The bidder must: identify its project coordinator; list the previous projects the coordinator has acted in this capacity; demonstrate and verify that its project coordinator will report to the State Contract Manager; verify that the bidder’s project coordinator must be in close daily contact with the State Contract Manager; and verify that its project coordinator has the authority to speak on behalf of the bidder in order to advise the State Contract Manager of consequences of any changes in work direction.
General Technical Services Bidder Requirement
10
The bidder must state it agrees to the requirement that its project coordinator cannot be substituted without prior written approval of the State Contract Manager and that any substitute must have equivalent or better experience than the original project coordinator.
General Technical Services Bidder Requirement
11
The bidder must identify its project team, by listing all bidder staff that will work on the project with relevant experience, their role in the project and any subcontractors the bidder plans to utilize for the project, a listing of the subcontractor’s staff that will work on the project with relevant experience and the role of the subcontractors.
General Technical Services Bidder Requirement
12
The bidder must state it agrees to the requirement that its project team cannot be substituted without prior written approval of the State Contract Manager and that any substitute must have equivalent or better experience than the original project team member.
General Technical Services Bidder Requirement
13
The bidder must describe in detail its process for making decisions related to the project up to the highest level of escalation, including the names and titles of decision makers.
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General Technical Services Bidder Requirement
14
The bidder must state it understands its project team must perform all work activities at DMAHS offices in Trenton or at its local office upon the approval of the State Contract Manager. Some staff may be permitted, on a case by case basis, to perform work off-site but only upon the approval of the State Contract Manager. If determined necessary by State Contract Manager, the bidder must travel to various DMAHS locations throughout the State.
General Technical Services Subcontractor
15
The bidder must list by company name and provide all of the contact information including address, telephone number and e-mail address for each subcontractor the bidder plans to use on the project.
General Technical Services Subcontractors
16
The bidder must provide the latest audited financial statement for each subcontractor the bidder plans to use on the project.
General Technical Services Subcontractor
17
The bidder must provide resumes of all staff of any of the subcontractors that will be working on the project.
General Technical Services Subcontractor
18 The bidder must identify the activities for which the subcontractor will be responsible.
General Technical Services Time Frames
19
The bidder must include an estimated time frame for completing Step 1 of the project by listing in detail the timeframes needed by the bidder to complete past projects similar in nature to the project described in this RFP.
General Technical Services Time Frames
20
The bidder must state it understands that work activities identified in this RFP may not be done consecutively as the IV&V activities will not be done until after the planning activities
General Technical Services Standards and Requirements
21
The bidder must adhere to standards listed in this RFP. The bidder, in its response, must list any additional standards it will utilize for the project, the rationale for the standard and an explanation of the how standard will be applied.
General Technical Services Standards and Requirements
22
The bidder must list any additional software required by the State to complete the project, its intended use and why it is required.
General Technical Services Standards and Requirements
23
The bidder must detail any specific hardware requirements needed to complete the project and its intended use and why required.
69
Step 1 Project Startup
24
The bidder must describe how within 10 business days after contract execution by the State, it will initiate a meeting with DMAHS staff to launch the project and formulate logistics. Included in the bidder’s response must be examples of the logistics utilized for similar projects.
Step 1 Project Startup
25
The bidder must describe in detail how it will facilitate the initial planning meetings, including listing the time frames, number, type and objective of the meetings and DMAHS staff needed for the initial planning meetings.
Step 1 Project Start-up
26
Based on previous experience, the contractor must list all of the documents that it will require from DMAHS related to the planning of the project and the purpose for each document.
Step 1 Project Startup
27 The bidder must provide a detailed Planning Project Plan for the project described in this RFP as part of its proposal and state it understands that the initial project plan must be updated and presented within 10 business days after the contract effective date.
Step 1 Project Startup
28
The contractor must maintain the project plan on a weekly basis and must produce the project plan on a weekly basis or as needed for the State Contract Manager detailing the process for its creation and purposes for its use.
Step 1 Project Startup
29
The contractor will be required to develop an IV&V/QA Project Plan which must be approved by the State Contract Manager prior to the contractor beginning its independent verification and validation of the new MMIS. The bidder must include an IV&V/QA Project Plan (or the portion of a master project plan dealing with IV&V/QA activities) that was used for a project similar in nature to the project described in this RFP.
Step 1 Project Startup
30 The contractor must maintain the IV&V/QA Project Plan on a weekly basis and must produce the project plan on a weekly basis or as needed for the State Contract Manager detailing the process for its creation and purposes for its use.
Step 1 Project Startup
31 The contractor must detail the interaction of all the MMIS subsystems throughout the activities of the planning phase.
Step 1 Conducting Assessments
32
The contractor will be required to complete with the assistance of DMAHS, the MITA State Self – Assessment (SS-A) process, using the format developed and approved by CMS. The bidder must provide documentation of a previously completed SS-A.
70
Step 1 As-Is Assessment
33 The contractor must provide appropriate training related to MITA Self-Assessment process to DMAHS staff. A MITA training plan for DMAHS staff must be included as part of the bidder’s response.
Step 1 As-Is Assessment
34 Under the direction of the State Contract Manager, the contractor must schedule and facilitate the “As-Is” assessment sessions. The bidder must provide a detailed plan with schedule to conduct the As-Is assessments and describe the duration of the sessions and the DMAHS staffing requirements needed for the sessions.
Step 1 As-Is Assessment
35
The bidder’s experience in conducting the MITA assessments is critical to the success of the project. Detail all relevant prior experience. To demonstrate experience in this area, bidders should include lessons learned from previous MITA assessment experiences.
Step 1 As-Is Assessment
36
The contractor is required to prepare a syllabus identifying any materials needed for the As-Is session and an agenda identifying the business processes to be discussed, for each assessment session. These documents must be provided to session participants and the project steering committee at least five (5) work days prior to any assessment session. A sample of documents needed for the As-Is sessions must be included in the bidder’s response.
Step 1 As-Is Assessment
37
Within 48 hours after each session, the contractor must deliver detailed notes to the State Contract Manager that describes the discussion during the session, the group’s conclusions, how they were reached and an overall analysis of the session. Based on previous experience the bidder should include sample notes from other As-Is assessments.
Step 1 As-Is Assessment
38 Upon conclusion of the “As-Is” assessment the contractor must produce a summary document. As part of its response the bidder must include a sample summary document, preferably one from an As-Is assessment recently completed for another state.
Step 1 To-Be Assessment
39 The contractor in conjunction with DMAHS must group each of the business processes into replacement modules. Based on experiences with other MMIS replacement efforts, the bidder should list possible methods to group the MITA business processes into replacement modules.
Step 1 To-Be Assessment
40 The bidder must understand that the To-Be assessment must be developed in terms of what can be achieved in short term goals (2 to 5 years or levels 1,2 and 3 of the MITA Maturity model) and long term goals (6 to 10+ years or levels 4 and 5 of the MITA maturity model). In its response the bidder must discuss its ideas on replacing an MMIS in modules to cover immediate needs, as well as, meeting short term and long term goals.
71
Step 1 To-Be Assessment
41
Under the direction of the State Contract Manager, the contractor must schedule and facilitate the “To-Be” assessment sessions. The bidder must provide a detailed plan and schedule to conduct the To-Be assessments and describe the duration of the sessions and the DMAHS staffing requirements needed for the sessions.
Step 1 To-Be Assessment
42
The contractor must prepare a syllabus identifying any materials needed for the To-Be session and an agenda identifying the business processes to be discussed, for each assessment session. These documents must be provided to session participants and the project steering committee at least five (5) work days prior to any assessment session. A sample of documents needed for the To-Be sessions must be included in the bidder’s response.
Step 1 To-Be Assessment
43
Within 48 hours after each session, the contractor is required to deliver detailed notes to the State Contract Manager that describes the discussion during the session, the group’s conclusions, how they were reached and an overall analysis of the session. Based on previous experience the bidder should include sample notes from other To-Be assessments.
Step 1 To-Be Assessment
44
Upon conclusion of the To-Be assessment the contractor must produce a summary document. As part of the response the bidder must include a sample summary document, preferably one from a To-Be assessment recently completed for another State.
Step 1 Performing Analysis and Developing Requirements 45
The contractor must develop a Business Gap Analysis in a format approved by the State Contract Manager. The bidder should state their approach for developing the analysis of the gaps that exist between the As-Is assessment and the To-Be assessment. The bidder must provide a sample Business GAP Analysis
Step 1 Performing Analysis and Developing Requirements 46
The contractor must develop a Technical Gap Analysis in a format approved by the State Contract Manager. In its response the bidder should state their approach for developing the analysis of the gaps that exist between the As-Is assessment and the To-Be assessment. The bidder must provide a sample Technical GAP Analysis within its response.
Step 1 Requirements for pMMIS 47
The contractor must develop a Business Process Requirements Plan. A sample plan on filling the gaps for the MITA business processes should be included in the response.
Step 1 Requirements for pMMIS
48
The contractor must develop a Technology Requirements Plan. Included in its response should be a sample technical requirements plan the bidder recommended during a previous MMIS replacement project.
72
Step 1 Replacement Options, Analysis and Recommendation 49
If the contractor determines that the planning process to this point is incomplete, the contractor must produce in writing any additional planning activities which may be needed, pointing out areas of risk or concern, or other topics as identified. In its response the bidder must state any activity the bidder deems essential but is not requested in this RFP and state why it is necessary and how it will be used by the contractor.
Step 1 Replacement Options, Analysis and Recommendation
50
The bidder must develop an initial list of viable options providing a reasonable degree of feasibility to replacing the eMMIS. The bidder must list MMIS replacement projects it has participated in and the options the bidder recommended for replacing the MMIS for those projects.
Step 1 Comparative Replacement Analysis 51
For the three primary alternatives DMAHS selects, the contractor must develop an extensive analysis to include the strengths and risks of each alternative including the contributing factors to each of the alternatives. In its response the bidder must detail its approach in analyzing how it determines the best approach for a State to replace its eMMIS.
Step 1 Cost Benefit Analysis
52
The contractor must develop a high-level cost-benefit analysis based on the three primary alternatives identified by DMAHS. A sample cost benefit analysis completed for another MMIS replacement project must be included in the bidder’s response.
Step 1 Recommendation Document 53
The contractor must develop a recommendation document for replacing the eMMIS. A sample recommendation document must be included in the bidder’s response.
The contractor must prepare and deliver an IAPD in the format prescribed by CMS that will facilitate federal funding of the remediation project. In its response the bidder must list IAPDs it has either developed or assisted in developing and along with the summary of each IAPDs in regards to obtaining enhanced federal matching funds.
Step 1 Capstone Reports 55
The contractor must prepare and deliver preliminary and final capstone reports.
Step 1 Draft the Request for Information 56
The contractor must draft the RFI to solicit feedback from vendors, providers and provider associations, billers and submitters, trading partners, State agencies, beneficiaries, advocacy groups, and other interested parties. The contractor shall review the responses; prepare reports, summaries and recommendations.
73
Step 1 Draft the Request for Proposals
57
The contractor must draft the RFP(s) to obtain the pMMIS. The bidder must list RFPs it has either developed or assisted in developing for other MMIS replacement projects and provide a summary of the RFP. In addition, the bidder must also provide up to three (3) electronic copies on CD (.doc or .pdf) of RFP’s that it has written on behalf of other states MMIS replacement efforts.
Step 1 Proposal Evaluation Plan and Associated Criteria 58
The contractor must prepare and deliver a proposal evaluation plan that describes the overall process, assigns roles and responsibilities and details evaluation criteria (both technical and cost) that matches the overall objectives of the pMMIS. The bidder must describe in detail its approach for evaluating proposals for a new MMIS.
Step 1 pMMIS Contractor Selection Process
59
The contractor must assist DMAHS in review and comment on each Proposal. The bidder must list those states in which it has assisted with reviews of RFPs.
Step 3 Requirements for IV&V/QA
60
The contractor must perform Independent Verification (IV&V) and Validation services to establish the appropriate quality control and audit efforts for the project independent of the MMIS implementation efforts. As part of its response the bidder must detail its experience in conducting both IV&V and quality control activities for other replacement projects
Step 3 Requirements for IV&V/QA 61
The contractor must assist DMAHS in verifying and validating that the pMMIS performs according to specifications and requirements. The bidder must describe in detail all lessons learned from any MMIS replacement projects on which it provided IV&V/QA services.
Step 3 Requirements for IV&V/QA 62
The bidder’s response must describe in detail its plan for handling the IV&V/QA portion of the project including its plan to transfer the knowledge from Step 1 to Step 3 staff.
Step 3 Requirements for IV&V/QA 63
The contractor’s IV&V staff must have appropriate experience and expertise to address the verification service requirements of this RFP.
Step 3 Requirements for IV&V/QA 64
The contractor must verify the hardware and software for testing as proposed by the pMMIS contractor is adequate to meet the needs of the pMMIS contractor.
74
Step 3 Verification Process
65
The contractor must develop a variety of documents related to verifying the pMMIS meets the stated requirements. Along with its IV&V plan the bidder should include any documentation used for IV&V activities.
Step 3 Validation Services
66
The contractor must provide validation support services to DMAHS to ensure that all appropriate business issues have been satisfactorily addressed. In its response the bidder should detail the kinds of support services it has to offer.
Step 3 Validation Services 67
The contractor must develop a validation strategy. In the response the bidder must distinguish between the verification services it offers and the validation efforts it can provide.
Step 3 Quality Assurance Services 68
The contractor must assist DMAHS in identifying significant risks and variances from the defined schedules, plans and processes for the implementation of pMMIS as a whole. The bidder in its response must provide a sample plan for providing Quality Assurance Services for the entire eMMIS replacement project.
Step 3 Quality Assurance Services 69
Quality Assurance services must be conducted according to a defined process, including escalation of issues and risks to the State Contract Manager. In its response the bidder must provide a sample of audit reports, issues log and a plan for escalating issues and risks to the State Contract Manager.
Step 3 Implementation 70
The bidder must prepare an implementation sign-off approval document. The bidder must detail its approach for approving an MMIS replacement for implementation.
Step 3 Certification
71
The contractor must assist DMAHS in obtaining MMIS certification from CMS for any new products. The bidder must list all MMIS replacement projects where it has played a role in obtaining federal certification, a summary of its role and the outcome of the effort to obtain federal certification.
Reporting Staffing/ Reporting, Status and Monitoring Specifications 72
During the Project Start-up the contractor and DMAHS will: determine the number, types, and frequency of all reports required for both Step 1 and Step 3; and determine the mechanisms for project reporting in a DMAHS approved format. The bidder must describe the reports it has produced for similar projects, provide examples of these reports and describe the mechanisms for producing the reports.
Reporting Staffing/ Staffing Specifications
73 The bidder must include in its response to this RFP the resumes of staff assigned to the project.
75
Attachment 2 –Resume Format The resumes should be formatted as depicted below.
Resume Format Name: Present Title: Role for this Project: Proposed role for the subject contract. Experience Summary: Types of experience the proposed staff has that are applicable to the proposed project, e.g., requirements analysis, project management, training, conversion planning, etc. For each type of experience, the number of years of said experience must be identified. Job A: Employed from (month/year) to (month/year): Title: Employer name, phone number, fax number and/or e-mail address: Employer address: Specific Project A: Customer name: Current telephone number, fax number and/or e-mail address: Brief project description: Time period individual assigned to project: Percentage of time on specific project (based on full days, five days per week): Continue with Projects B, C, etc., as needed. Continue with Jobs B, C, etc., as needed. Educational Background School name (post-secondary education): Location: Type and date of degree received: Specialized Training Type of training and dates attended (months/year): References: Provide the following information for each of two (2) references. Name: Position: Current telephone number, fax number and/or e-mail address: Relationship:
State of New Jersey DEPARTMENT OF THE TREASURY
JON S. CORZINE DIVISION OF PURCHASE AND PROPERTY R. DAVID ROUSSEAU Governor PURCHASE BUREAU State Treasurer
P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230
New Jersey Is An Equal Opportunity Employer • Printed on Recycled Paper and Recyclable
To: All Interested Bidders Date: December 12, 2008 Re: RFP #: 09-X-38407 Medicaid MIS Replacement Planning and Independent Verification and Validation Bid Due Date: February 6, 2009 (2:00 p.m.)
ADDENDUM #1 The following constitutes Addendum #1 to the above referenced solicitation. This addendum is divided into the following parts: Part 1: Answers to questions. Part 2: Additions, deletions, clarifications and modifications to the RFP It is the bidder’s responsibility to ensure that all changes are incorporated into the original RFP. All other instructions, terms and conditions of the RFP shall remain the same.
PART 1 Medicaid MIS Replacement Planning and Independent Verification and Validation
RFP Number 09-X-38407 Answers to Questions
Note: Some of the questions have been paraphrased in the interest of readability and clarity. Each question is referenced by the appropriate RFP page number(s) and section where applicable.
# Page #
RFP Section
Reference Question Answer
1. General
Is there an estimated budget for this project? What was the budget approved for FY2009 by the legislature?
Bidders are encouraged to provide pricing that is appropriate for the current RFP and based upon the proposal offered.
2. General
To respond to this RFP, does the vendor have to be based in New Jersey, or do they simply have to be a certified small business in New Jersey?
Neither. The RFP does not require the contractor to be based within New Jersey, rather Section 3.1.1 presents that the contractor should use or establish a field office in support of the requirements of the RFP with the preferred location within 10 miles of DHS offices located at 7 Quakerbridge Plaza, Trenton, New Jersey 08625-0712. The set-aside component for New Jersey registered small business is for subcontracting only.
3. General
Does the State provide means of communication for a certified small business interested in subcontracting on this opportunity with a potential bidder? Does the State intend to issue a list of bidders interested in this opportunity?
Bidders may contact the Division of Small, Minority and Women Business Development via the internet at: http://www.nj.gov/njbusiness/contracting/ sdd.shtml / or by telephone at 609-292-2146 for information on how to contact businesses for subcontracting purposes. The State has no means of prospectively knowing which firms may be interested in this bidding opportunity.
4. General
Who is the incumbent vendor that provides these services currently, or is this a new requirement?
There is no incumbent contractor for MITA. This procurement is a new project however; Unisys Corporation is the vendor for the State’s existing Medicaid MIS.
5. 11 1.3.3
The RFP states that, "The State reserves the right to host an optional pre-bid conference." Is the State of New Jersey planning to hold a pre-bid conference? If yes, what is the anticipated date and location of that conference?
The State has yet to determine if it will host an optional pre-bid conference.
PART 2 Medicaid MIS Replacement Planning and Independent Verification and Validation
RFP Number 09-X-38407
Additions, Deletions, Clarifications and Modifications to the RFP
# Page # RFP
Section Reference
Additions, Deletions, Clarifications and Modifications
1. Not Applicable
3
To: All Interested Bidders Date: January 16, 2009 RE: RFP #: 09-X-38407 MEDICAID MIS REPLACEMENT PLANNING AND Independent Verification and Validation Bid Due Date: February 13, 2009 (2:00 p.m.)
ADDENDUM #2 The following constitutes Addendum #2 to the above referenced solicitation. This addendum is divided into the following parts: Part 1: Answers to questions. Part 2: Additions, deletions, clarifications and modifications to the RFP It is the bidder’s responsibility to ensure that all changes are incorporated into the original RFP. All other instructions, terms and conditions of the RFP shall remain the same.
The Bid Opening Date for this Solicitation 09-X-38407 has been changed to 2:00 p.m. on Friday, February 13, 2009.
Bidders should also note that outstanding questions and answers will be forthcoming in a separate Addendum.
Note: Some of the questions have been paraphrased in the interest of readability and clarity. Some of the questions have been combined if the question content was duplicative. Each question is referenced by the appropriate RFP page number(s) and section where applicable.
PART 1 MEDICAID MIS REPLACEMENT PLANNING AND
Independent Verification and Validation RFP Number 09-X-38407
ANSWERS TO QUESTIONS
# Page #
RFP Section
Reference Question Answer
1.
General
What is the organizational structure of DMAHS and which divisions or units under DMAHS are in the scope of this project?
Please refer to the attached organizational chart for DMAHS (Attachment 1). All units under DMAHS are under the scope of this project.
2.
General
What does DMAHS consider as its overall maturity level?
DMAHS has no “estimation” as to its overall maturity level. Determining the overall maturity level of DMAHS is one of the requirements of the RFP.
3.
General What is DMAHS’ estimation of its overall maturity level?
One of the purposes of this RFP is to make that determination.
4.
General Is there a business case that was used to justify the need for this project?
No.
5.
General
Will DMAHS Subject Matter Experts (SMEs) be assigned full time to the project, or will these SME's be assigned on a part-time basis while maintaining their regular duties?
The State Contract Manager will ensure that the Project Director for the State is full-time other SMEs will be assigned to the project on a part-time basis while still maintaining other duties.
6.
General
Samples of several documents have been requested, however the entire technical proposal is asked for in a single binder. May samples be supplied in a separate binder?
Yes.
7.
General
What is the minimum expected goal in terms of subcontract percentage for the small-business set-aside?
Bidders may find this information on the Subcontracting Form available for download with this RFP. The State encourages contractor use of small business subcontractors in accordance with the goals specified in the RFP. Set-aside goals are considered as part of the technical evaluation of the bid proposals.
8.
General
Has the State engaged any contractors to assist with a Medicaid replacement system to this point? If so, is that contractor permitted to bid on this RFP?
No.
# Page #
RFP Section
Reference Question Answer
9. General
When does the State anticipate the award of this contract?
The State has no estimated date for contract award, however the State is moving with the utmost celerity towards this goal.
10. General
Can DMAHS provide any known scheduling constraints which would exist during this contract period; including legislative sessions, eMMIS or FA contract end dates, or current projects which could limit availability of State resources?
DMAHS has no knowledge of any such constraints.
11. General
Does DMAHS expect or require contractor to use an automated tool to keep track of all contractor hours, by task and sub-task and comparison to Project plan approved hours and any variance?
While the RFP does not specifically stipulate use of an automated tool, contractor use of an automated tool to track such variables is presumed.
12. General
Will the State considering an extension of the proposal due date?
Yes, the Bid Opening Date has been changed to 2:00 p.m. Friday, February 13, 2009.
13. General
There are a significant number of deliverables associated with this contract. What is a reasonable time period that the contractor should expect that the State can turnaround a deliverable for review/acceptance?
This question depends upon any number of variables for the respective deliverable. DMAHS has inherent interest in putting forth every effort to review deliverables within a reasonable period of time.
14. 5
Important Notice -
New Pay to Play"
Restrictions
This page states that prospective vendors are required to submit, in addition to the required Chapter 51 and Chapter 271 forms, the Certification for Compliance with Executive Order No. 117. These forms are not referenced in Sections 4.4.1 through 4.4.3. Should they be submitted with the other required forms as Section 1 of the proposal?
Yes.
15. Notice to Bidders
Can any small business, regardless of category, in the State's set-aside program work as a subcontractor on this project?
Yes.
16. 7 1.1
"Please note that the successful bidder awarded the contract resulting from this RFP, shall be ineligible to submit a bid proposal for all subsequent RFP(s) directly created through this procurement." Please clarify the phrase "directly created through this procurement".
This refers to the RFP(s) that the contractor shall develop to procure the pMMIS contractor (for Project Step II, Design, Development and Implementation.
# Page #
RFP Section
Reference Question Answer
17. 7 1.1
Based upon the third paragraph, second sentence, it is our understanding that any company that is affiliated with the successful bidder for this project shall be ineligible from bidding on all subsequent RFPs. In order for the State to determine if there are any potential conflicts of interest, should respondents to this RFP be required to disclose their business relationships and/or affiliations with all fiscal agent and vendors currently working with other state Medicaid programs?
Not at this time.
18. 7 1.1
The RFP states "However, the State reserves the right to separately procure individual requirements that are the subject of the contract during the contract term". At what time in the contract award process will the decision made to procure the individual requirements?
The State cannot prospectively ascertain when such a determination could be made although logic dictates that such a determination is predicated upon the number and quality of bid proposals submitted in response to the RFP.
19. 7 1.2
Will the scope of the MMIS requirements and replacement plans include any part of the New Jersey Medicaid eligibility determination process? If so, what parts?
At this point in time, no. However, this may change, predicated upon initiatives and/or directives from CMS.
20. 7 1.2
Please identify all the major system interfaces of the eMMIS.
The eMMIS interfaces with numerous other State departments, agencies, providers, hospitals and managed care organizations. The number of such interfaces exceeds 500,000.
21. 7 1.2.1
What is the relationship of these stakeholders to each department, division or unit that is either in or out of the project scope?
All of these programs are within the Department of Human Services (DHS) or within the Department of Health and Senior Services (DHSS), and all of these programs interact with DMAHS.
22. 7 1.2.1
What's the staff count for each department, division and unit within the scope of this project?
Estimates of staff count for each operational area within DMAS is provided in Attachment 1.
23. 7 1.2.1
Do all the satellite offices utilize the MMIS?
Yes.
# Page #
RFP Section
Reference Question Answer
24. 7 1.2.1
The RFP indicates that Medicaid is no longer a welfare program, but is a health care program. Since the bid describes New Jersey Medicaid and State-funded health insurance programs as "the largest social services program in the State." Does the State view a distinction between welfare and social services, and if so what?
Please refer to the definition for Medicaid provide in Section 2.2 of the RFP.
25. 9 1.2.2
What constitutes a business practice?
Please refer to information available at the CMS MITA website: www.cms.hhs.gov/MedicaidInfoTechArch
26. 9 1.2.2
How are the 75 business practices allocated across the 8 Domains?
Please refer to Attachment 1 and information available at the CMS MITA website: www.cms.hhs.gov/MedicaidInfoTechArch
27. 9 1.2.2
Were these 75 business practices identified by DMAHS or by CMS?
CMS.
28. 9 1.2.2
What is the total number of working groups managed by the CMS and will the contactor have access to those working groups? What is the unique function of each working group? How many subject matter experts (SME's) are within each working group and where are these SME's located?
The working groups cited within the RFP refer to those formed by CMS with subject matter experts from throughout the nation and charged with developing the MITA process. These working groups do not work directly in any state. Bidders may contact CMS for the number of working groups and the unique function of each working group. These questions are obviated by the above responses. Bidders seeking a better understanding of CMS and the MITA process are urged to visit CMS website: www.cms.hhs.gov/ and CMS MITA website (provided).
29. 9 1.2.2
Were there SME's who represented NJ in these various workgroups? If so, what were the names of the working groups?
SMEs from the State participated in the CMS Business Architecture Review Board.
30. 9 1.2.2
What is the intent for expected activity for the contractor during Project Step 2? As written it appears that the Contractor does not participate in the DDI phase. Please clarify.
The contractor is required to be working with the State and the PMMIS contractor in all phases of the design, development and implementation of the PMMIS. The contractor will be providing ongoing IV&V/QA tasks, and advice to the State and PMMIS contractor during Project Step 2.
What does the State mean by the phrase "DMAHS is committed to replacing its eMMIS on the basis and concepts of the MITA initiative?" What parts or portion of the MITA framework are most important to New Jersey in its replacement efforts?
CMS requires states to use the MITA concept. The State considers all parts to be important.
32. 9 1.2.2
This section describes three (3) project steps. We assume from reading the RFP that you are requesting proposals that address steps 1 and 3 Is that correct? How can bidders develop a fixed price bid for Step 3 (page 64) without knowing what the solution or who the vendor will be for Step 2?
Yes. Bidders should, in part, base pricing for the price lines associated with Step 3 on experience in successfully completing projects of a similar size and scope.
33. 10 1.2.2
"Time frame estimates for Step 3 of the project coincide with implementation of the pMMIS." Please clarify. We are interpreting this statement to mean that the IV & V in step 3 will occur simultaneously/overlap with the timing for step 2 DDI of the pMMIS.
This is correct. The contractor will be performing on-going IV&V tasks while the PMMIS contractor performs its work.
34. 11 1.3.2
Will the State provide a contact name and telephone number to be used for FedEx shipping purposes only?
No.
35. 18 2.2
Is there a reason that the RFP does not define "Regional Health Information Organization" and "Health Information Exchange" using the National Alliance for Health Information Technology definitions approved by the Office of the National Coordinator for Health IT?
No, and the State does not recognize where use of another definition would matter to the substance of the RFP.
36. 19 3.1.1
How much space with DMAHS be allocating for contractor usage during the life of the project?
This will depend upon the staffing requirements of the contractor. While the State cannot answer this prospectively, DMAHS anticipates that no more than six (6) contractor personnel will be working at DMAHS at any one time.
37. 19 3.1.1
Will network connectivity, printing (printers) and helpdesk support be provided by DMAHS?
Yes.
# Page #
RFP Section
Reference Question Answer
38. 19 3.1.1
Please confirm that a local field office is required even though DMAHS is providing on-site office space. Does the field office need to be maintained during Project Step 2 (DDI) by the contractor?
Confirmed. Yes
39. 19 3.1.1
Would the State consider that the contractor and DHS co-locate at the DHS office location?
No, while the State will provide on-site space at DMAHS, the contractor is required to maintain a field office.
40. 19 3.1.1
May the contractor use a staff member's home office for a field office in support of the requirements of this RFP?
No.
41. 19 3.1.1
Will the contractor's field office be required to provide physical meeting space and facilities to conduct meetings with State staff?
Yes.
42. 19 3.1.1
Will DMAHS provide internet or DMAHS network access to the contractor to support project activities?
Yes.
43. 19 3.1.1
How much of contractor's effort does the State expect to be conducted on site in the DMAHS office versus off site in Contractor's Trenton area office?
It is expected that the majority of the time spent working on the initial phases of this project will be at the DMAHS site.
44. 19 3.1.2
The anticipated agenda of the meeting appears to indicate that the duration of the contractor's presence on-site and the working hours of the contractor's staff stationed on-site are subject to discussion. Please confirm.
Confirmed.
45. 19 3.1.3
Does the State support automated tools that are often used in Project Management activities - MS Project, SharePoint, Visio?
Yes.
46. 19 3.1.3
How many State personnel/locations are to be involved in the training?
DMAHS staffing counts as provided in Attachment 1 should provide bidders with some idea of the number of personnel to be trained, however not all DMAHS will require training. As for locations, DMAHS anticipates that training will occur at one location, provided by DMAHS.
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47. 19 3.1.3 Should the estimate for this task include both curriculum customization and delivery?
Yes.
48. 19 3.1.3
How will the State assess the completeness of the training?
The training will be assessed based upon, but not limited to, the training’s coverage of the subject matter set forth in Section 3.4.1 of the RFP.
49. 19 3.1.3
Will the training be instructor led or e-learning? Assuming instructor led training - will the State provide the needed facility and equipment to deliver the training?
DMAHS cannot answer this question prospectively. The RFP requires the contractor to develop a training plan. DMAHS will provide the facility and equipment.
50. 19 3.1.3
How frequently does the State envision holding status meetings (e.g., weekly, bi-weekly, monthly)?
Weekly or upon request by the State Contract Manager.
51. 19 3.2.1
The bid states that "the contractor should use or establish a field office in support of the requirements of this RFP within 10 miles of the DHS offices." Will a bidder receive a reduced technical score if it chooses to utilize office space provided by DMAHS and utilize its own computers and software?
Yes, bidders cannot rely solely upon the office space to be provided by DMAHS as a field office. Please note that Section 3.1.1 of the RFP has been modified. This modification is presented in Part 2 of this Addendum.
52. 20 3.1.4.2
Would the contractor be responsible for those CAP items that did not result in the contractor's failure to perform and/or for problems that were beyond the contractor's control?
The contractor is expected to develop all CAP reports and to comply with any corrective action within its control.
53. 20 3.1.5
What current versions of software will comply with the Software Uniformity requirements?
The contractor must ensure that its versions of software are the same that the State is using (Microsoft Windows XP Professional (2002) Microsoft Office Professional (2003) Adobe Reader 8.0.0 Microsoft IE 6.0) or that they are compatible with what the State is using at the time the contract is awarded.
54. 20 3.1.5
It is assumed that software uniformity is limited to software used by the contractor to perform its duties under the contract. Please confirm.
Confirmed.
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55. 21 3.1.6
Would the State consider establishing a VPN (virtual private network) or a similar secured connection to afford the contractor access to electronic project documentation from the contractor's offices?
Yes, the State would consider this.
56. 21 3.1.6
Would the State consider an online project repository? If yes, would the site have to be housed on the State's servers, or would the State be open to such a repository as long as the support services are acceptable?
Yes, housed on State servers.
57. 21 3.1.6
Is the contractor allowed to set up the record repository on its portal, provided it meets the DMAHS requirements for access and security?
No.
58. 22 3.3
Where is the central office of the MMIS and/or where is the bulk of the processing and functional work carried out on the MMIS?
The central office is located on Quakerbridge Road, Hamilton, New Jersey.
59. 22 3.3 Do all DMAHS divisions/units utilize the MMIS? If not all, then which ones use the system?
Yes.
60. 22 3.3 (h) "(See Attachment M)", please advise where Attachment M can be found.
Citing Attachment M is an error, there is no Attachment M.
61. 22 3.3
The list of sources does not include eMMIS system documentation, user documentation, operations guidelines, and policies and procedures. Please explain.
Those are included and presumed as stated in 3.3 (d).
62. 22 3.3
The contractor may need access to information reflecting the environment of the New Jersey Medicaid programs (for example, eligibility guidelines, methods of communication of eligibility and rendered services information among the State, MCOs, and providers, acceptable contracting and reimbursement arrangements, and many others). The list of documents in Section 3.3 appears to be limited to the matters of technology (except possibly for items i, j, and k), which may be indicative of the State's desire to refurbish the existing system or to build a new system on the existing operational and administrative foundation. Please comment.
The RFP includes all aspects of the business of Medicaid. Please note that the text reads, "Such documentation includes, but is not limited to:" Bidders should not construe the list to be indicative of any predilection of DMAHS regarding the new MMIS.
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63. 22 3.3
"The contractor shall meet with DMAHS personnel identified by the State Contract Manager to review DMAHS operations and the eMMIS. The contractor shall also perform a review of documents related to the eMMIS, DMAHS operations and legal requirements." Does the State envision this review as an activity independent of any of the activities listed in sections 3.4 through 3.7? Does the State expect a deliverable to result from this activity?
Yes. No.
64. 22 3.2.1
Please confirm that IV&V/QA Project Plan is not a part of the original proposal submission due February 6, 2009.
Unconfirmed, a bidder's plan for these activities is required within its bid submission.
65. 39 4.3 Can the two different electronic versions of the proposal be submitted on one CD?
Yes.
66. 41 4.4.2.1
What is the deadline for submitting the business registration certificate? Should it be submitted before the bid proposal deadline, or can it be submitted with the bid proposal?
As provided: "FAILURE TO SUBMIT A COPY OF THE BIDDER’S BUSINESS REGISTRATION CERTIFICATE (OR INTERIM REGISTRATION) FROM THE DIVISION OF REVENUE WITH THE BID PROPOSAL MAY BE CAUSE FOR REJECTION OF THE BID PROPOSAL."
67. 41 4.4.2.2
The same two forms referenced in the section are also required in Sections 4.4.1.4 and 4.4.1.5. Please confirm that we do not need to submit multiple copies of these forms.
One copy of each form will suffice.
68. 42 4.4.4
In which section of 4.4.4 should the detail corresponding to Attachment 1 be placed in the vendor's response (directly after 4.4.4.1 or at the end of Section 2 - Technical Proposal)
Bidders may place this information in either location, although the State would prefer after Section 2 –Technical Proposal.
69. 44 4.4.5.2
How is the State defining key personnel and how would the State like to us to identify key personnel in our organization chart?
The State has no formal definition for this term, a bidder should use its best judgment in identifying which personnel it deems as key or integral to the performance of its duties.
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70. 45 4.4.5.7
The section calls for a bank reference. Is the bank reference required for vendors that do have certified financial documents or is it only required for those that do not have these documents?
A bank reference is requested from all bidders.
71. 45 4.4.5.7 May financial documentation be placed in an appendix?
Yes.
72. 46 4.4.5.8
We promote and encourage the use of small-businesses and would like to ensure that we meet the qualifications set forth in your regulations. Please tell us how you will be evaluating the subcontracting set-aside
The State considers the set-aside goals as one of the "other factors" in determining which bid response represents the best value to the State, price and other factors, considered.
73. 47 5.2
Given the initial term of the contract is three (3) years with the possibility of (2) additional extension periods of up to one (1) year, is it the State's intention to allow for the extension of the contract past the implied five (5) year period should the DDI contract length require additional time.
The State cannot answer this prospectively.
74. 47 5.2
Will the State consider expanding the response to Price Schedule 2 to have bidders provide rates for potential option year extensions - year 4 and 5?
No.
75. 47 5.3
How will the State provide payment for 90 days continued services should a new contract not become operational?
It is highly unlikely the contract resulting from this RFP will ever be transitioned as the successful completion of Project Steps 1 and 3 effectively obviate the need for another such contract to perform these services.
76. 50 5.15
How much time will the State Contract Manager be given to determine whether work performed by the Contractor is satisfactory in order to release the 10% Retainage?
This has yet to be determined. A reasonable period will be allotted. The exact determination on how much will be allotted will be dependent on many variables including the number and nature of the deliverable completed and approved in that period.
77. 50 5.15
The RFP states "At the end of each three (3) month period, the Using Agency shall review the contractor's performance." Other than timely submission of quality deliverables what other criterion (if any) is used to review contractor performance?
Satisfactory performance under Section 5.15 shall include performance that meets the requirements of the contract, as determined by the State Contract Manager.
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78. 55 6.3
Will bidders have the benefit of knowing the priority rankings of the evaluation criteria categories?
No, while evaluation weights shall be determined prior to bid opening, this information is unavailable to bidders until Notice of Intent to Award Letters are issued to bidders.
79. 61 8.1.1 Will there be Using Agencies under this contract other than the DHS/DMAHS?
No.
80. 51 5.16
Would the State consider a specified minimum amount of time for giving advance written notice to reduce the scope of work for any task or subtask?
No.
81. 40 42
4.4.1-4.4.3.3
We are unable to access the links listed in these sections in order to fill out the required forms. An error displays saying "The page is not found." Please provide the correct links or an alternate way to access these forms.
These forms are accessible by clicking on the links provided within the Box titled "Downloadable RFP Documents" on the webpage at: www.state.nj.us/treasury/purchase/bid/ summary/09x38407.shtml
82. 24 3.4.3
Would the State consider five (5) business days instead of three (3) working days for this activity?
No.
83. 24 3.4.4
The MITA Technical Group (MTG) Roster is comprised of an informal group of interested parties designed solely to provide ad hoc technical assistance. Albeit currently MTG is composed solely of CMS staff, CMS states its intent to have MTG members represent both private and government perspectives. The relative newness of the initiative and the anticipated changes within MTG, as well as its informal status, indicate that MITA guidelines would likely change (not dissimilar to HIPAA). Would the State be agreeable to an early commitment to a particular version of MITA assessment framework to prevent potential changes in direction and project cost overruns?
No, MITA is a dynamic process and the contractor must evolve in conjunction, and in accordance with the MITA process and all updates to the MITA process.
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84. 24 3.4.4
This section describes the "To-Be Assessment" to be performed by the Contractor. Can the State provide estimating guidelines as to the number of State or other personnel to be involved in these sessions? Are these sessions to be held in one location or multiple locations? Since it is possible that a "session" could span multiple days, will the State make necessary arrangements for State personnel?
No, however the contractor will generally be meeting with just the DMAHS-designated SMEs from each domain, rather than with all State or DMAHS personnel under each domain. This has yet to be determined. DMAHS shall make every effort to provide contractor access to DMASH personnel as necessary.
85. 24 3.4.4 Are the time frames for providing the reports in business hours/days?
Business Days as defined in Section 2.2 of the RFP.
86. 24 3.4.4
This Section states "The contractor shall provide the State Contract Manager with a report, in the approved report format, within 38 hours after each To-Be Assessment session." In this instance does the DMAHS mean actual clock ours or accumulative business hours? If the DMAHS means clock hours this would translate to just over one (1) business day. If the DMAHS means business hours this would translate to 4 - 5 business days.
The 38 hour requirement is being deleted and replaced with five (5) business days. Please refer to Part 2 of this Addendum.
87. 25 3.4.5
What is the Medicaid program's current involvement with and future plans for HIEs, RHIOs and EHRs? What is the status of the State's Medicaid Transformation Grant and does the State intend that this project will become a part of the future MMIS design?
DMAHS has determined that these questions are not relevant to this RFP.
88. 25 3.5.1
Since the Private Sector Technology Group that is leading the redesign of the MITA Technical Architecture has dropped the Technical Capability Maturity Model approach, and moved away from the concept of "seven MITA [technical] portfolios," does the State intend to continue to use this framework for the Technical Gap Analysis?
Yes, until CMS specifies otherwise.
89. 27 3.6.2
What is envisioned to be discussed in the Technology Requirements Plan in terms of "detailing the technical requirements needed to fill short term and long term gaps between the current and planned technical architecture", as the planned technical architecture may not be known at the time the deliverable is due?
This will be an evaluation of the planned technical architecture, as determined by the DDI contractor, and evaluated by the contractor at this time.
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90. 27 3.6.2
Does DMAHS or the State have an Enterprise Architecture plan or other technology requirements that would limit the alternatives for the technical architecture?
No.
91. 27 3.6.2
In this section there is not a requirement that the contractor conduct an As-Is Technology Assessment. Should this task be added?
No.
92. 28 3.7.1
"The contractor shall develop a preliminary list of viable solutions to replace the MMIS." Does DMAHS have a requirement or preference for only operational MMIS solutions or will consideration be given to emerging technology?
DMAHS has no requirement or preference. Consideration shall be given to emerging technology.
93. 30 3.8
Normally an Implementation Advance Planning Document (IAPD) is developed to obtain FFP for the DDI and operation of the replacement MMIS. When this requirement states initial APD and APD, is it referring to a draft and final Implementation Advance Planning Document?
Yes.
94. 30 3.8
CMS requires an Implementation Advanced Planning Document (IAPD) and subsequent Advanced Planning Document Updates (APDUs) to validate and approve a state's request for enhanced Federal Financial Participation (FFP). Is there reasons that the State believes two complete APDs are required for this procurement?
Yes, precisely because both are required by CMS.
95. 30 3.7.4
Given that the State will utilize the information from the Recommendation Document to make its decision whether to accept the recommended alternative before the APD can be initiated, can an estimate be provided of the length of time that may be needed to make that decision?
No, this cannot be determined prospectively.
96. 31 3.10
When responding to the RFP, should bidders rely on their experience with the issuance of RFIs, RFPs, their processing, and procurement assistance or does the State intend to offer bidders guidance beyond that in section 3.10?
The State believes this question to refer to guidance to be provided to the contractor for Projects Steps 1 and 3, in developing the RFP to engage a subsequent PMMIS contractor to perform Project Step 2 (DDI). Within this context, this RFP clearly states that the contractor will work with a procurement assistance team comprised of State personnel.
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97. 31 3.10.2
Is the contractor responsible for developing "special" contractual terms and conditions, similar to section 5.0 of this RFP, with terms and conditions specific to MMIS DDI and operations?
Possibly, but highly unlikely.
98. 31 3.10.2
This section of the RFP states that "...the contractor shall draft one, or more, RFPs to procure the design, development and implementation of the MMIS ...." For consistency in bids, should responses to this RFP assume that the contractor shall be required to draft one RFP?
Yes.
99. 31 3.10.2
Does DMAHS expect to participate with contractor's staff in face to face meetings for review of critical RFP sections, such as price schedules, or does DMAHS expect to only review and make comment on written drafts of the document, then return these drafts to the contractor for correction?
Personnel from DMAHS, Treasury and other State agencies will meet “face-to-face” with contractor staff.
100. 31 3.10.2
What is the DMAHS intent in the last portion of this sentence following "and advice", in the second paragraph of this section? "The contractor's work shall include development of the technical components of the RFP and advice related to type of work of the RFP."
Such advice may include, but not be limited to development of price schedules, organization of the technical requirements, and other such areas where the contractor, based upon its experience, may provide the State with advice.
101. 31 3.10.2.1 What happens if a business relationship is deemed to be a conflict of interest?
State action would be predicated upon the instant situation presented.
102. 31 3.10.2.2 (q)
This subparagraph does not make sense in relation to proposal preparation and submission. Also, it appears to overlap with 3.10.2.2 (n) Minimum Qualifications and Experience.
The State seeks an actual response to the Functional Requirements Matrix in addition to what the bidder is required to present in accordance with section 4.4 of the RFP. The State realizes that much of this information is duplicative.
103. 33 3.10.2.3
Will the State provide the contractor with legal documents applicable to black-out periods, or will the contractor be expected to use its own?
The State will control the bidding and contract award process. Should the need for any legal documents arise during this period, the State will determine a course of action.
104. 34 3.10.4
What are the requirements for serving on an Evaluation Committee?
In this instance, providing the State with the proposed Evaluation Committee member's resume/c.v., signing a Certification Form related to conflict of interest and confidentiality and being vetted by Treasury.
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105. 35 3.10.5 Will the contractor be expected to conduct debriefings with losing bidders?
No.
PART 2 MEDICAID MIS REPLACEMENT PLANNING AND
Independent Verification and Validation RFP Number 09-X-38407
ADDITIONS, DELETIONS, CLARIFICATIONS AND MODIFICATIONS TO THE RFP
Cover Page The Bid Submission Due Date is changed from 2:00 p.m. February 6, 2009 to 2:00 p.m. February 13, 2009.
2. 19 3.1.1
The following narrative shall be deleted: “The contractor should use or establish a field office in support of the requirements of this RFP.” Replacement narrative shall read: “The contractor must use or establish an office or field office in support of the requirements of this RFP.”
3. 24 3.4.4
The following narrative shall be deleted: “The contractor shall provide the State Contract Manager with a report, in the approved report format, within 38 hours after each To-Be Assessment session.” Replacement narrative shall read: “The contractor shall provide the State Contract Manager with a report, in the approved report format, within five (5) business days after each To-Be Assessment session.”
Staff (9) (364)*Director
Staff (5) (207)Deputy Director
Staff (10) (64)CFO
Staff (5) (74)M.D.
Staff (5) (55)Chief of Staff
Staff (6) (81)CIO
Staff (8) (71)Operations
Staff (7) (38)Legal &
Regulatory Affairs
Staff (0) Policy
Staff (8) (68)Office of Eligibility
Staff (6) (30)Internal Control
Staff (9) (13)Research
Staff (6) (12)Human
Resources
Staff (2)Communications
Staff (7) (20)General Services
Staff (7)Utilization Mgt &
Utilization Review
Staff (7) (18) Provider Services
Staff (18)Preventive Services
Staff (18) (21)Quality
Assurance
Staff (4), DDS
Dental Services
Staff (5) (10)Finacial
Reporting
Staff (5) (12)Budget &
Accounting
Staff (7) (20)LDC
Staff (3) (9)Application
Development
Staff (11)MMIS
Staff (9) (34)Eligibility
1/16/2009
Staff (7) (13)Managed Health
Care
Staff (9)Drug Rebate
Staff (4)FQHC & Hospice
Services
Staff (4)Data Analysis
Staff (2)Managed Care
Rate setting
Staff (2)Inpatient Rate
Setting
Staff (3)Hospital Services
Staff (2)Hospital
Reimbursement
Staff (2) (5)Financial Support
Staff (10) (24)BPI
Exec Sec Asst
Gov Rep 1
Sec Asst 2 Non Steno
Staff ( ) = Direct Reports Only Staff ( ) ( ) = Direct Reports and Total Staff *Excluding MACC Offices Staff (112)
Addendum 2 -Attachment 1
State of New Jersey DEPARTMENT OF THE TREASURY
JON S. CORZINE DIVISION OF PURCHASE AND PROPERTY R. DAVID ROUSSEAU Governor PURCHASE BUREAU State Treasurer
P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230
New Jersey Is An Equal Opportunity Employer • Printed on Recycled Paper and Recyclable
To: All Interested Bidders Date: January 23, 2009 Re: RFP #: 09-X-38407 Medicaid MIS Replacement Planning and Independent Verification and Validation Bid Due Date: February 13, 2009 (2:00 p.m.)
ADDENDUM #3 The following constitutes Addendum #3 to the above referenced solicitation. This addendum reiterates the change in Bid Opening Date as previously provided in Addendum #2.
The Bid Opening Date for this Solicitation 09-X-38407 has been changed to 2:00 p.m. on Friday, February 13, 2009.
Bidders should note that Thursday, February 12, 2009 is a State Holiday
and no bids will be accepted on that date.
To: All Interested Bidders Date: January 27, 2009 RE: RFP #: 09-X-38407 MEDICAID MIS REPLACEMENT PLANNING AND Independent Verification and Validation Bid Due Date: February 13, 2009 (2:00 p.m.)
ADDENDUM #4 The following constitutes Addendum #4 to the above referenced solicitation. This addendum is divided into the following parts: Part 1: Answers to questions. Part 2: Additions, deletions, clarifications and modifications to the RFP It is the bidder’s responsibility to ensure that all changes are incorporated into the original RFP. All other instructions, terms and conditions of the RFP shall remain the same.
The Bid Opening Date for this Solicitation 09-X-38407 has been changed to 2:00 p.m. on Friday, February 13, 2009.
Bidders should note that Thursday, February 12, 2009 is a State Holiday
and no bids will be accepted on that date.
Note: Some of the questions have been paraphrased in the interest of readability and clarity. Some of the questions have been combined if the question content was duplicative. Each question is referenced by the appropriate RFP page number(s) and section where applicable.
PART 1 MEDICAID MIS REPLACEMENT PLANNING AND
Independent Verification and Validation RFP Number 09-X-38407
ANSWERS TO QUESTIONS
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1.
From the second sentence in the third paragraph, it is our understanding that any company that is affiliated with the successful bidder for this project shall be ineligible from bidding on all subsequent RFPs. In order for the State to determine if there are any potential conflicts of interest, should respondents to this RFP be required to disclose their business relationships and/or affiliations with all fiscal agent and vendors currently working with other state Medicaid programs?
No, at this time.
2. 10 64
Page 10 states that Step 2 will take between two and six years and that Step 3 will coincide with this. On page 64, the RFP requests bidders to provide a fully loaded firm fixed price for the Step 3 services. Given the uncertainty of the duration of Step 3 services, it would be difficult to provide firm fixed prices for the verification process, validation services, and quality assurance services. Would it be acceptable to provide a monthly or yearly cost for line items 34, 35, and 36 (these tasks appear to take place during the Step 2 phase of the project)? Alternatively, could we provide costs based on a two-year implementation (for line items 34, 35, and 36) so that the State receives cost proposals that are based on comparable assumptions?
No, the RFP requires bidders to complete the Price Lines presented within the Price schedule.
3. 23 3.3
How many infrastructures and/or different platforms does the existing MMIS run on?
The "core" MMIS runs on an IBM-compatible mainframe system. A number of SUN UNIX servers and Dell Windows servers support subsystems such as POS (pharmacy point-of sale) MEVS/eMEVS (Medicaid eligibility verification system) SURS (surveillance and utilization review system) PETS (provider enrollment tracking system) and DSS (decision support system).
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4. 23 3.3
Please identify all the major system interfaces of the current MMIS.
An initial response to this question was provided in Addendum 2. DMAHS is providing what may be considered as the major interfaces in Attachment 1 of this Addendum.
5.
Significant time and events will occur between RFP award and the actual undertaking of the IV&V Project Plan (Project Step 3). This section of the RFP (3.2.1) states that "The contractor must develop an IV&V/QA Project Plan in conjunction with the RFP to procure the MMIS and must be approved by the State Contract Manager prior to the contractor commencing independent verification and validation of the MMIS." Does DMAHS anticipate that at the start of the IV&V process, when this plan approval by the State Contract Manager occurs, that the proposed IV&V Project Plan will be revised as necessary to reflect events which have occurred over the past 2 - 6 years and that at this time any revisions to the IV&V Project Plan will be such that the scope will be designed within the proposed contractor budget and/or that the IV&V budget will be revisited?
Yes, DMAHS require that the contractor update its IV&V/QA plan as necessary. No, the contractor’s IV&V/QA budget shall not be revisited.
6. 23 3.4.2
Please identify the key stakeholders referred to in this section who will be responsible for identifying and prioritizing the State Medicaid Goals and Objectives? What entities do the State view as within the scope of this project? Also could you relay how often this group meets and what level of goals and objectives exist as a product of this group today? Additionally, what technical capabilities is the State referring to in the second paragraph? Does the State desire the future MMIS to be compromised of business services and service oriented architecture?
Please refer to the corrected organization chart as presented in Attachment 2 of this Addendum. All units and programs within DMAHS and/or working with DMAHS. For more information on DMAHS programs, please refer to Section 1.2 of the RFP There is no set schedule of meetings, rather it is the purpose of this RFP to ascertain current status and develop goals and objectives in accordance with MITA standards. The technology that will run the PMMIS. Yes.
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7. 22 3.4.2
Does DMAHS have a list of stakeholders, or can DMAHS size the effort by providing the approximate number and types of stakeholders, the required interview format, if any, and whether Contractor must travel to stakeholder's location, or can meet at DMAHS or contractor's offices in Trenton, or whether these meetings can be teleconferences?
The stakeholders are DHS and DHSS entities. The meetings will take place at State Offices in or adjacent to Trenton, New Jersey.
8. 23 3.4.3
Should we assume that the number of sessions is limited to the eight domains? Does the State warrant that each of the eight groups is fully representative? Would the contractor be given an opportunity to review the composition of each group and to make recommendation as to potential inclusion into one or more groups of individuals representing omitted functions and/or areas of activity?
No. Subject Matter Experts (SMEs) from various State departments and agencies will participate in these sessions. Yes.
9. 23 3.4.3
Is the State's requirement to have "eight (8) components" designed to restrict the contractor to conducting only eight (8) meetings to gather As Is information from State stakeholders? Due to the diversity and number of Business Processes in each Business Area, this would not be an advisable restriction.
No, while DMAHS presumes that the contractor will require multiple meetings of personnel within the 8 domains, it cannot prospectively answer how many meetings the contractor will perform in order to successfully complete this requirement.
10. 27 3.6
Does DMAHS expect, or require the contractor to stage formal Joint Application Requirements (JAR) sessions to "determine all requirements necessary to fill the gaps between the current, short term and long term needs of the eMMIS through the creation of Business Process Requirements and Technology Requirements Plans"? If so, will DMAHS commit State resources required to provide the subject matter expertise for these JAR sessions? Or, conversely, does DMAHS assume or expect contractor to have captured all requirements through the Gap Analysis process (Section 3.5 of this RFP)?
Yes, formal meeting sessions are required. The State will provide SMEs to participate in these sessions. Such efforts will augment the requirements captured within the Gap Analysis.
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11. Price Schedule
Should bidders assume that the Unit Price (Fully Loaded Firm Fixed Price) to be submitted for price lines #34, 35, and 36 will be for the cost of providing the Verification Process, Validation Services, and Quality Assurance Services only through the original term of the contract (without contract extension) even though there is the possibility that those Step 3 services may not have been fully completed during the original contract term?
Yes.
12. 36 3.11.3
This section states the validation strategy includes; c) a training plan and requisite materials for use in training DMAHS staff in the use and operation of the MMIS; d) documentation of the changes in policies, processes and procedures as a result of implementing the MMIS. Should these statements be interpreted to mean that the contractor will develop the appropriate strategies to 'validate' the training plan and requisite material as well as the documentation of policy, process and procedure changes, as opposed to the actual development of the training plan, requisite material, policy, process and procedure documentation?
Yes, this refers to the contractor validating what has been proposed by the PMMIS contractor for training DMAHS staff and the documentation changes in policies, processes and procedures as a result of implementing the MMIS of Project Step 2 (DDI).
13. 36 3.11.4
Is the contractor expected to come in after the design and development of the system, at the point of integration and QA testing?
No, the contractor is required to be working with the State and the PMMIS contractor for Project Step 2 (DDI) in all phases of the design, development and implementation of the PMMIS.
14. 38 3.12
Is the contractor responsible for managing the MMIS contractor during the design and development phase?
No, while the State shall manage the PMMIS contractor for Project Step 2 (DDI), the contractor shall provide assistance and advice to the State.
15. 38 3.12
The implementation sign-off document appears to place all of the responsibility for a 100% accurate MMIS on the IV&V contractor. Will the State consider adding a caveat to exclude the IV&V contractor from responsibility on any piece of the PMMIS found acceptable by DMAHS over the concerns of the IV&V contractor?
No.
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Reference Question Answer
16.
Do the IV&V/QA activities described in Section 3.11(Step 3) occur during Step 2, or only after completion of DDI phases? Assuming they must occur during the DDI phases, the work effort will be remarkably different for a 2-year DDI effort than for a 6-year effort. To allow for a fair pricing comparison across responses, how would you like the pricing and costs presented in the proposal?
The contractor is required to work with the State and the PMMIS contractor for Project Step 2 (DDI) in all phases of the design, development and implementation of the PMMIS. This includes providing IV&V/QA activities The RFP requires bidders to complete the Price Lines presented within the Revised Price Schedule (Attachment 2). Bidders should, in part, base pricing on past experience in performing work of a similar size and scope to this RFP.
17. 38 3.13
In the detailed description of the contractor responsibilities as they relate to certification, it states that, "The contractor must work with State personnel to ensure that the PMMIS contractor will meet CMS certification for the PMMIS." Can the State please clarify what exactly is meant by this Statement?
The contractor is required to identify potential deficiencies and risks as well as make recommendations for improvement of the PMMIS that will increase the probability of the system achieving certification. While the State is ultimately responsible for obtaining CMS certification, the contractor must work with the State in ensuring that the PMMIS receives CMS certification.
18. 42
4.4.4.1 and
Attachment 1
Many items in the bulleted list for the Planning Project Plan are required in response to various items within the Functional Requirements Matrix (FRM). Are bidders to include responses to the various requirements within our response to RFP Section 4.4.4.1 and also in response RFP Attachment 1? Please clarify.
Yes, the State seeks an actual response to the Functional Requirements Matrix in addition to what the bidder is required to present in accordance with section 4.4 of the RFP. The State realizes that much of this information is duplicative.
19. 43 4.4.4.3
Is this requirement not addressed within the Planning Project Plan? Please clarify differences.
Yes, bidders may consider the Planning Project Plan as sufficient for complying with the request for information as written in this Section of the RFP.
20. Price Schedule
IV and V/ QA effort and price will be based in part on the number and types of deliverables contained in the RFP(s) we will assist the State to write. For Price lines 34-37, how are contractors supposed to determine a fixed price when the requirements and number of deliverables that will have to be delivered by the MMIS vendor is unknown?
A bidder should develop its pricing, in part, based upon its experience in successfully performing engagements of a size and scope similar to this RFP.
21. General
Please clarify difference between "sample" vs. actual document previously approved by another state. In the event where a sample is requested, can we submit a previously approved document or vice-versa?
A "sample" is a document developed by the bidder that satisfies all of the requirements of the matrix. Yes, a bidder may submit an “actual document previously approved by another state“, as its sample.
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Reference Question Answer
22. Price Schedule
Price Schedule 1 is missing the task of 3.4.2, the Identification of Goals and Objectives. Will the State be releasing a revised Price Schedule 1 inclusive of this work element?
Yes, the inclusion of a price line for this task has been added to a REVISED Price Schedule referenced in Part 2 of this Addendum.
23. Price Schedule
There is no "*" in the heading of the table for Price Lines 29 -32. Will these lines be included in the price used to rank cost during the proposal evaluation?
Yes, please refer to the REVISED Price Schedule referenced in Part 2 of this Addendum.
24. 47 5.2
The RFP states: "The term of the contract shall be for a period of three (3) years. While the estimated time to complete Step 1 (Planning) is 24 months, this term should ensure completion of Step 2 (Design, Development and Implementation) and activities related to Step 3 (IV&V / QA). The contract may be extended for two (2) additional periods of up to one (1) year, by mutual written consent of the contractor and the Director at the same terms, conditions and pricing. The length of each extension shall be determined when the extension request is processed." With the MMIS DDI contract potentially extending for a period of 2-6 years, this term seems inconsistent. Please clarify.
No. The State has scheduled this project so that it will be completed in the shortest time possible.
25. 47 5.2
As stated, the State's expectation is the planning and procurement for a MMIS DDI contractor is anticipated to occur over 24 months. The contract term being 3 years, the MMIS DDI and the IV&V/QA of that DDI is anticipated to occur over 12 months. Historically, a 12 month MMIS DDI is extremely optimistic if not unheard of. Will the State consider expanding the anticipated DDI timeframe to at least 18 - 24 months and thus expanding the initial term of the contract?
No.
26. 47 5.2
As stated, the rates to be used for any extension of option years will be the rates in effect the last year of the contract. Please confirm that this will be the rates proposed in response to Price Schedule 2, last paragraph, for the all inclusive firm fixed hourly rates for job titles designated to fulfill tasks during Project Step 3, which is anticipated to be occurring during the last year of the 3 year contract?
Confirmed.
27. 47 5.2
This section states that the estimated timeframe for completing Step 1 activities is 24 months. Would the State be open to alternative timeframes, longer/shorter?
The State is amenable to a shorter timeframe.
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Reference Question Answer
28. 27 3.6.2
Replacing the data warehouse (DW)? Is the replacement of the DW to be part of the replacement MMIS RFP or broken out into two (2) RFPs?
DMAHS has not yet determined its course of action regarding this matter.
29. 47 5.2
Section 5.2 indicates that Step 1 Planning and Step 3 IV&V are to be completed within the three year contract term. However it appears that task 3.12 and 3.13 are not included in Step 3 (Section 3.11). Is it the State's intention that tasks 3.12 and 3.13 will be completed after the end of Step 3 or as part of Step 3, keeping in mind that system certification can take up to six months after the system has been implemented?
The State considers Sections 3.12 and 3.13 to be included in Project Step 3. The State considers the flow of the Project Steps to be somewhat dynamic and requires the contractor to provide assistance to the State and the PMMIS contractor to ensure that CMS Certification is obtained.
30. 47 5.2
The RFP states the term of the contract will be 3 years and can be extended for 2 additional periods up to one year by mutual consent. Also it states that the estimated time to complete step 1 is 24 months which should include completion of step 2 and step 3. However execution of step 2 is to be performed by a vendor to be selected as a part of RFP bid process. The length of design and implementation activities is dependent on the selected vendor response. Would DHS consider modifying section 5.2 to include this dependency?
No. The State has scheduled this project so that it will be completed in the shortest time possible.
31. 53 5.3
Please confirm that payment will be made on a monthly basis up to the firm fixed price for each task or subtask.
The contractor shall be paid based upon State approval of deliverables subject to retainage as cited in Section 5.15 of the RFP.
32. 54 5.23.2
The limitation of liability provision included in the special terms and conditions contains a cap that is 500% of the contract value. This cap greatly exceeds industry standards for this type of service, which is normally 100-200% of fees, as well as other similar contracts issued by the State. A cap of this size may have the unintended consequence of limiting competition as larger organizations may choose not to bid given the size of the potential liability. Would they state consider lowering the limitation of liability to 100% of the contract value?
No, however the State has lowered this requirement to 200 percent (%). Please refer to #1 in Part 2 of this Addendum.
33. 62 Price Schedule
The price schedule 1 is missing the task of Sections 3.1 and 3.4.2. Will the State be releasing a revised Price Schedule 1 inclusive of this work element? Please clarify how the associated costs should be included?
Yes, however only for contractor performance of Section 3.4.2. A bidder should consider the requirements of Section 3.1 while determining its pricing for the Price Lines in the Price Schedule –Revised presented as Attachment 2 to this Addendum.
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34. 65
Price Schedule
The template provided for the Price Schedule includes as a payment point the achievement of CMS system certification. The achievement of system certification should be the responsibility of the systems integrator. Payment tied to this milestone would be outside the control of the IV&V vendor and present an unreasonable amount of risk given that the IV&V contractor cannot code system changes, enhancements, or make other adjustments without compromising its independence required to perform the IV&V role. Would the state consider removing or replacing this payment milestone?
No. The contractor is required to ensure that the State satisfies the CMS Certification Checklist for MMIS and receives CMS certification.
35. 66
RFP Attachment
1 Requirement
1
Will the State consider responses to this RFP by bidders who have not served in dual capacities performing Steps 1 and 3 of MMIS replacement projects for other states, but who have acted in a similar dual capacity for other system projects?
Yes. All responsive bid submissions shall be evaluated.
36. 66
RFP Attachment
1 Requirement
3
Will the State consider responses to this RFP by vendors who do not have specific MITA artifacts and have not participated in prior MITA MMIS replacements with other states? If yes, does the State require such vendors to include mock-ups of MITA artifacts to validate their understanding of the processes and templates?
Yes. Yes.
37. 66
RFP Attachment
1
Can a bidder meet the stated MMIS/MITA qualification requirements as specified in RFP Attachment 1 - Functional Requirements Matrix by proposing a team with individuals that meet the specific requirement and/or qualifications skills or does the bidding corporation need to meet these requirements/qualifications?
Yes. The State prefers that the proposed team has this experience and will also consider the experience of the bidder.
38.
Is the State seeking actual responses to the requirements within this Functional Requirements Matrix, or are we to use this matrix to cross-reference the location in our proposal narrative where we have addressed this point? In which section of our proposal (based on the format presented on page 44, Section 4.4) should we include the Functional Requirements Matrix?
Yes, the State seeks an actual response to the Functional Requirements Matrix in addition to what the bidder is required to present in accordance with section 4.4 of the RFP. The State realizes that much of this information is duplicative.
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RFP Section Reference Question Answer
39. 66 RFP
Attachment 1
The Functional Requirements Matrix requests bidders to provide several sample documents. Would it be acceptable to provide these in appendices to our proposal?
Yes, appendices are permissible.
40. 66 RFP
Attachment 1
Many requirements in RFP Attachment 1 request sample documentation. Since most reports and deliverables become the property of our State clients is it acceptable to provide sample table of contents or de-identified reports to meet these requests?
A table of contents is unacceptable. De-identified reports are acceptable.
41. 66
RFP Attachment 1 Requirement
5
Typically, the State handles interactions with CMS regarding MITA, is it acceptable for past projects to list examples of where we worked with the State who then worked with CMS to explain or walkthrough MITA deliverables produced by 4TG?
Yes, bidders should also provide contact information for the parties cited.
42. 67
RFP Attachment 1 Requirement
12
As the IV&V portion of the project will not commence until a much later date, is it acceptable to DMAHS to acknowledge and agree that the Project team for the Planning Phase (Step 1) cannot be substituted, but the IV&V team could be substituted (without prior written approval from the State Contract Manager) based on staffing availability at the time IV&V activities are to begin? The State Contract Manager would still have to approve resumes for any proposed substitutions on the IV&V team.
Yes, all substitutions must be submitted to the State Contract manager for approval.
43. 67
RFP Attachment 1 Requirement
11
Over the course of a three (3) year contract with the diversity of planning, IV&V and QA tasks, there will likely be in excess of 10 people working at various times on the project. It is impossible to say at proposal time who will be providing IV&V services in 2011 and 2012. How are we to address this issue when you have asked that we list "all bidder staff that will work on the project"?
A bidder should use its best judgment.
67
Attachment 1 Requirements
7,8, 15, 18
This information seems to be very similar to the requirements of Section 4.4.5.6: Experience of Bidders on Contracts of Similar Size and Scope. In response to the FRM requirements, can bidders simply refer the evaluators to our response to 4.4.5.6 or do you want the information repeated?
Yes, the State seeks an actual response to the Functional Requirements Matrix in addition to what the bidder is required to present in accordance with section 4.4 of the RFP. The State realizes that much of this information is duplicative.
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44. 68
RFP Attachment
1 Requirement
16
Many independent consultants and subcontractors do not have audited financial statements. Should we only submit audited financial statements for our subcontractors that do have audited financial statements and not for those that do not?
Yes, however in such an instance, the bidder should provide documentation in accordance with Section 4.4.5.7 of the RFP. Please refer to #4 of Part 2 of this Addendum.
45. 68
RFP Attachment
1 Requirement
20
Should bidders assume that the State means that the work may not be done concurrently?
Yes. For instance, the State intends for a bidder to state that the bidder realizes that it cannot perform IV&V/QA work while the assessment is being performed. Please refer to #5 of Part 2 of this Addendum.
46. 69
RFP Attachment
1 Requirement
27
We assume that a detailed Gantt chart included in our proposal will meet this requirement. Is our assumption correct?
Yes, bidders may submit a Gantt chart for this requirement.
47. 69
RFP Attachment
1 Requirement
31
The requirement here is unclear because of the inclusion of the word "throughout". Presumably no MMIS subsystem interactions are likely to change during the planning phase, detailing these interactions once should suffice.
Confirmed, unless these interactions change.
48.
Page 10 states that Step 2 will take between two and six years and that Step 3 will coincide with this. On page 64, the RFP requests bidders to provide a fully loaded firm fixed price for the Step 3 services. Given the uncertainty of the duration of Step 3 services, it would be difficult to provide firm fixed prices for the verification process, validation services, and quality assurance services. Would it be acceptable to provide a monthly or yearly cost for line items 34, 35, and 36 (these tasks appear to take place during the Step 2 phase of the project) or alternatively, could we provide costs based on a two-year implementation (for line items 34, 35, and 36) so that the State receives cost proposals that are based on comparable assumptions?
No.
49. 19 20
3.1.4 3.1.4.1
The comprehensive nature and the frequency of required reporting would necessitate that approximately 0.5 FTE (full-time equivalent) be engaged in generating and reviewing project status reports, whenever requested, if they are to be constructive and meaningful. Please affirm that the State is prepared to absorb this cost.
Pricing shall be based upon Fully Loaded Firm Fixed Pricing per deliverable.
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RFP Section Reference Question Answer
50.
RFP Attachment 1 Requirements
37 and 43
Requirements 37 and 43 of Appendix 1, pages 70, 71 Reports from As-Is and To-Be Assessment sessions are due within 48 hours of the session; if multiple sessions are held to cover all business processes within a business domain, does the State require a report per working session held, or would one consolidated report detailing the results of either an overall domain or single business process suffice?
One consolidated report for each business process will suffice.
51. 9 1.2.2
This Section states "This contractor shall be responsible for obtaining the certification of the pMMIS by CMS" Historically this has been primarily the responsibility of the single state agency that is responsible for the Medicaid program and the vendor/contract responsible for the design, development and installation of the MMIS. Is the statement in RFP section 3.13 (CMS Certification - page 38 - "The contractor must work with State personnel to ensure that the MMIS contractor will meet CMS certification for the MMIS") more appropriate?
Yes.
52. 74
RFP Attachment 1 Requirement
73
The resumes are also required in response to Section 4.4.5.3. Can bidders simply refer the evaluators to our response to 4.4.5.3 or do you want the information repeated?
Yes, the State seeks an actual response to the Functional Requirements Matrix in addition to what the bidder is required to present in accordance with section 4.4 of the RFP. The State realizes that much of this information is duplicative.
53. 68 Attachment 1 Requirement
14
The functional requirement limits work on this project to be done almost 100% onsite or at a "local office" unless approved by the State Contract Manager. Previously in section 4.4.4.1 - last section lettered listing - item #f - allows contractor to state where activities for the project will occur - on or offsite. Our experience is that some level of the work being requested can be done more efficiently offsite. Is it acceptable to propose a onsite team responsible for much of the day to day work and also include team members who work exclusively (or nearly exclusively) off site? Please clarify
Yes, it is acceptable to propose team members working off-site. Please refer to #6, Part 2 of this Addendum.
54. 22 3.3 (e)
Could you please specify what specific "MITA Technical Standards" are being referenced in this section? What are the specific "standards" within the Technical Architecture that are being referred?
Bidders should contact CMS to obtain technical standards.
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Reference Question Answer
55. 68
RFP Attachment
1 Requirement
14
In as much as the scope of the IV&V/QA effort is fully dependent upon the decision of DMAHS as to how the eMMIS will be replaced, would the State consider a separate, subsequent procurement for IV&V/QA services once key decisions have been made and the scope of IV&V/QA work better defined?
No.
56. 23 3.4.3
How does the State intend the MITA Assessment to be conducted -- through documentation review, facilitated JADs or both? What is the availability of Medicaid business staff to participate in the Assessment?
The contractor shall follow the MITA process. DMAHS will ensure that its personnel are accessible to the contractor.
57. 15 2.2
This section defines the term "All-Inclusive Firm Fixed Hourly Rate" as including all materials, documents, forms etc. How is the vendor supposed to know how many and what type of media that the State may require for a particular deliverable? As an example, one of the deliverable requirements is training sessions for State personnel. We assume that there will be curriculum developed, student handouts made, etc. Yet the RFP does not define how many State participants there will be or what type of training (e-learning vs. instructor led) will be required.
Bidders should, in part, base pricing on past experience in performing work of a similar size and scope to this RFP. Please refer to the answer provided in Addendum #2 Question #46 and the updated organizational chart provided as Attachment 2 to this Addendum.
58.
If the bidder is a private partnership that does not have audited financial statements or file corporate financial information such as 10-K, in order to meet the needs of this RFP as stated in this section, can the vendor provide information such as: 1) un-audited financial information that addresses information relating to liquidity, assets, liabilities, equity, working capital, current ratio and net revenue for our organization, 2) proof of its privately placed debt rating provided independently by the National Association of Insurance Commissioners (NAIC), 3) certification from the CEO and CFO and a reference letter from a private bank on their letterhead with information regarding financial stability, and 4) a copy of the Dun and Bradstreet financial report as documentation for demonstrating financial stability?
Yes. Additional information may be requested by the State if required.
59.
RFP Attachment
1 Requirement
57
Requirement #57 seems to require a firm to submit a CD for three RFP’s written for MIS replacement RFPs. Please clarify
No, this refers to three (3) copies of any one (1) RFP written on behalf of other states MMIS replacement efforts developed by the bidder. Please refer to #7 in Part 2 of this Addendum.
PART 2
MEDICAID MIS REPLACEMENT PLANNING AND Independent Verification and Validation
RFP Number 09-X-38407
ADDITIONS, DELETIONS, CLARIFICATIONS AND MODIFICATIONS TO THE RFP
The following narrative shall be deleted: “The contractor's liability to the State for actual, direct damages resulting from the contractor's performance or non-performance, or in any manner related to the contract, for any and all claims, shall be limited in the aggregate to 500 % of the value of the contract, except that such limitation of liability shall not apply to the following:” Replacement narrative shall read: “The contractor's liability to the State for actual, direct damages resulting from the contractor's performance or non-performance, or in any manner related to the contract, for any and all claims, shall be limited in the aggregate to 200 % of the value of the contract, except that such limitation of liability shall not apply to the following:”
2. Addendum 2 Attachment 1
Attachment 1, Addendum 2 shall be deleted and replaced with the revised DMAHS Organizational Chart presented as Attachment 2 to this Addendum.
3. Price Schedule
The Price Schedule in the RFP shall be deleted and replaced with the Price Schedule –Revised. The Price Schedule –Revised is presented as Attachment 3 to this Addendum.
4. 68
RFP Attachment 1 Requirement
16
The following narrative shall be deleted: “The bidder must provide the latest audited financial statement for each subcontractor the bidder plans to use on the project.” Replacement narrative shall read: “The bidder should provide the latest audited financial statement for each subcontractor the bidder plans to use on the project. In such instances where the subcontractor does not have audited financial statements, the bidder should submit documentation related to the subcontractor’s financial capability in accordance with Section 4.4.5.7 of the RFP.”
5. 68
RFP Attachment 1 Requirement
20
The following narrative shall be deleted: “The bidder must state it understands that work activities identified in this RFP may not be done consecutively as the IV&V activities will not be done until after the planning activities.” Replacement narrative shall read: “The bidder must state it understands that work activities identified in this RFP may not be done concurrently as the IV&V activities will not be done until after the planning activities.”
The following narrative shall be deleted: “f) where the activities will occur, such as on-site or off-site;” Replacement narrative shall read: “f) where the activities will occur, such as on-site, at the contractor’s local office or off-site if proposed by the bidder and approved by the State Contract Manager;”
7. 73
RFP Attachment 1 Requirement
57
The following narrative shall be deleted: “The contractor must draft the RFP(s) to obtain the pMMIS. The bidder must list RFPs it has either developed or assisted in developing for other MMIS replacement projects and provide a summary of the RFP. In addition, the bidder must also provide up to three (3) electronic copies on CD (.doc or .pdf) of RFP’s that it has written on behalf of other states MMIS replacement efforts.” Replacement narrative shall read: “The contractor must draft the RFP(s) to obtain the pMMIS. The bidder must list RFPs it has either developed or assisted in developing for other MMIS replacement projects and provide a summary of the RFP. In addition, the bidder should provide three (3) electronic copies on CD (.doc or .pdf) of any one (1) RFP that it has written on behalf of other states MMIS replacement efforts.”
Attachment 1, Addendum 4 The current MMIS has major interfaces with:
• NJ Office of Information Technology Data Center (Medicaid eligibility repository) Approximately 50 files OUT Approximately 85 files IN Various frequencies These include files that are transmitted and / or received from various data-sharing partners such as SSA, IRS, CMS, etc.
• ACS (Family Care (State Children’s Health Insurance Program) contractor)
Over 100 files OUT Various frequencies
• Oberthur (plastic card subcontractor)
1 file OUT 1 file IN Daily
• Wachovia Bank (Automated Clearing House contractor)
2 files OUT Weekly
• Value Options (mental health case management contractor)
1 file OUT 1 file IN Daily
• GHI (Medicare intermediary)
2 files OUT 1 file IN Various frequencies
• CMS (Federal government)
Approximately 10 files OUT Various frequencies
• FDB (drug file update contractor)
1 file IN Auditors, oversight vendors / agencies
• HMS approximately 30 files OUT • PCG approximately 5 files OUT • OIG approximately 10 files OUT • Others on request
• NJMMIS.COM (provider website)
Claims and census files IN Remits, etc. OUT
Staff (9) (503)*Director
Staff (5) (207)Deputy Director
Staff (10) (64)CFO
Staff (5) (74)M.D.
Staff (5) (55)Chief of Staff
Staff (6) (81)CIO
Staff (8) (71)Operations
Staff (7) (38)Legal &
Regulatory Affairs
Staff (0) Policy
Staff (8) (68)Office of Eligibility
Staff (6) (30)Internal Control
Staff (9) (13)Research
Staff (6) (12)Human
Resources
Staff (2)Communications
Staff (7) (20)General Services
Staff (7)Utilization Mgt &
Utilization Review
Staff (7) (18) Provider Services
Staff (18)Preventive Services
Staff (18) (21)Quality
Assurance
Staff (4), DDS
Dental Services
Staff (5) (10)Finacial
Reporting
Staff (5) (12)Budget &
Accounting
Staff (7) (20)LDC
Staff (3) (9)Application
Development
Staff (11)MMIS
Staff (9) (34)Eligibility
1/16/2009
Staff (7) (13)Managed Health
Care
Staff (9)Drug Rebate
Staff (4)FQHC & Hospice
Services
Staff (4)Data Analysis
Staff (2)Managed Care
Rate setting
Staff (2)Inpatient Rate
Setting
Staff (3)Hospital Services
Staff (2)Hospital
Reimbursement
Staff (2) (5)Financial Support
Staff (10) (24)BPI
Exec Sec Asst
Gov Rep 1
Sec Asst 2 Non Steno
Staff ( ) = Direct Reports Only Staff ( ) ( ) = Direct Reports and Total Staff *Excluding MACC Offices Staff (112)
Attachment 2, Addendum 4
Attachment 3, Addendum 4
PRICE SCHEDULE 1 -REVISED
MEDICAID MIS REPLACEMENT PLANNING AND INDEPENDENT VERIFICATION AND VALIDATION
DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES
Bid Number 09-X-38407
Bidder's Name: ______________________________
Refer to RFP Section 2.1 for the definition of Fully Loaded Firm Fixed Price and All-Inclusive Hourly Rate.
Price Line
Project Step 1 Deliverables Unit
Unit Price (Fully Loaded Firm
Fixed Price) *
1. Approval of Contractor’s Modified Project Plan and Schedule (Section 3.2)
Task $
2. Review of eMMIS (Section 3.3) Task $
3. Training on State Self-Assessment Process (Section 3.4.1)
Task $
4. Identification of Goals and Objectives (Section 3.4.2)
Total Bid Price Project Steps 1 and 3 (price lines 1 – 39)
$
The bidder must provide a price for each Price Line or the bid proposal shall be considered non-responsive. * Price to be used to rank cost of proposal for evaluation.
All-Inclusive Firm Fixed Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.
Fully Loaded Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs. No additional fees or costs shall be paid by the State unless there is a change in the scope of work.
The bidder should also include a table of job titles and all inclusive firm fixed hourly rates for each job title designated to fulfill the specified tasks, activities, and deliverables specified in Section 3.0 of this RFP. The bidder should further present a budget for each Price Line in which the job title, corresponding all inclusive firm fixed hourly rate and estimated number of hours foots with the bidder’s Fully Loaded Firm Fixed Price Unit Price.
State of New Jersey Standard Terms and Conditions
Applicable to all advertised DPP Procurements unless otherwise indicated
Rev: 07/27/2007 ST&C Page 1 of 10
STANDARD TERMS AND CONDITIONS: I. Unless the bidder is specifically instructed otherwise In the Request for Proposal, the following terms and
conditions will apply to all contracts or purchase agreements made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in the Request for Proposal (RFP) and should be read in conjunction with same unless the RFP specifically indicates otherwise. If a bidder proposes changes or modifications or takes exception to any of the State's terms and conditions, the bidder must so state specifically in writing in the bid proposal. Any proposed change, modification or exception in the State's terms and conditions by a bidder will be a factor in the determination of an award of a contractor purchase agreement.
II. All of the State's terms and conditions will become a part of any contract(s) or order(s} awarded as a result of the
Request for Proposal, whether stated in part, in summary or by reference. In the event the bidder's terms and conditions conflict with the State's, the State's terms and conditions will prevail, unless the bidder is notified in writing of the State's acceptance of the bidder's terms and conditions.
III. The statutes, laws or codes cited are available for review at the New Jersey State Library, 185 West State Street,
Trenton, New Jersey 08625. IV. If awarded a contract or purchase agreement, the bidder's status shall be that of any independent principal and
not as an employee of the State. 1. STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS 1.1 BUSINESS REGISTRATION –Effective September 1, 2004, pursuant to an amendment to N.J.S.A. 52:32-44,
State and local entities (including the Division of Purchase and Property) are prohibited from entering into a contract with an entity unless the contractor has provided a copy of its business registration certificate (or interim registration) as part of its bid submission. Failure to submit a copy of the Business Registration Certificate within the bid proposal may be cause for rejection of the bid proposal.
The contractor and any subcontractor providing goods or performing services under the contract, and each of
their affiliates, shall, during the term of the contract, collect and remit to the Director of the Division of Taxation in the Department of the Treasury the use tax due pursuant to the “Sales and Use Tax Act, P.L. 1966, c. 30 (N.J.S.A. 54:32B-1 et seq.) on all their sales of tangible personal property delivered into the State. This requirement shall apply to all contracts awarded on and after September 1, 2004. Any questions in this regard can be directed to the Division of Revenue at (609) 292-1730. Form NJ-REG can be filed online at http://www.state.nj.us/treasury/revenue/busregcert.htm
1.2 ANTI-DISCRIMINATION - All parties to any contract with the State of New Jersey agree not to discriminate in
employment and agree to abide by all anti-discrimination laws including those contained within N.J.S.A. 10:2-1 through N.J.S.A. 10:2-4, N.J.S.A.l0:5-1 et seq. and N.J.S.A.l0:5-31 through 10:5-38, and all rules and regulations issued there under.
1.3 PREVAILING WAGE ACT - The New Jersey Prevailing Wage Act, N.J.S.A. 34: 11-56.26 et seq. is hereby made
part of every contract entered into on behalf of the State of New Jersey through the Division of Purchase and Property, except those contracts which are not within the contemplation of the Act. The bidder's signature on this proposal is his guarantee that neither he nor any subcontractors he might employ to perform the work covered by this proposal has been suspended or debarred by the Commissioner, Department of Labor for violation of the provisions of the Prevailing Wage Act and/or the Public Works Contractor Registration Acts; the bidder’s signature on the proposal is also his guarantee that he and any subcontractors he might employ to perform the work covered by this proposal will comply with the provisions of the Prevailing Wage and Public Works Contractor Registration Acts, where required.
1.3(a) PUBLIC WORKS CONTRACTOR REGISTRATION ACT - The New Jersey Public Works Contractor
Registration Act requires all contractors, subcontractors and lower tier subcontractors who bid on or engage in any contract for public work as defined in N.J.S.A. 34:11-56.26 be first registered with the New Jersey Department of Labor and Workforce Development. Any questions regarding the registration process should be directed to the Division of Wage and Hour Compliance at (609) 292-9464 or http://www.nj.gov/labor/lsse/lspubcon.html.
1.4 AMERICANS WITH DISABILITIES ACT - The contractor must comply with all provisions of the Americans With
Disabilities Act (ADA), P.L 101-336, in accordance with 42 U.S.C. 12101 et seq.
Applicable to all advertised DPP Procurements unless otherwise indicated
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1.5 THE WORKER AND COMMUNITY RIGHT TO KNOW ACT - The provisions of N.J.S.A. 34:5A-l et seq. which
require the labeling of all containers of hazardous substances are applicable to this contract. Therefore, all goods offered for purchase to the State must be labeled by the contractor in compliance with the provisions of the Act.
1.6 OWNERSHIP DISCLOSURE - Contracts for any work, goods or services cannot be issued to any corporation or
partnership unless prior to or at the time of bid submission the bidder has disclosed the names and addresses of all its owners holding 10% or more of the corporation or partnership's stock or interest. Refer to N.J.S.A. 52:25-24.2.
1.7 COMPLIANCE - LAWS - The contractor must comply with all local, state and federal laws, rules and regulations
applicable to this contract and to the goods delivered and/or services performed hereunder. 1.8 COMPLIANCE - STATE LAWS - It is agreed and understood that any contracts and/or orders placed as a result
of this proposal shall be governed and construed and the rights and obligations of the parties hereto shall be determined in accordance with the laws of the STATE OF NEW JERSEY.
1.9 COMPLIANCE - CODES - The contractor must comply with NJUCC and the latest NEC70, B.O.C.A. Basic
Building code, OSHA and all applicable codes for this requirement. The contractor will be responsible for securing and paying all necessary permits, where applicable.
2. LIABILITIES 2.1 LIABILITY - COPYRIGHT - The contractor shall hold and save the State of New Jersey, its officers, agents,
servants and employees, harmless from liability of any nature or kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of his contract.
2.2 INDEMNIFICATION - The contractor shall assume all risk of and responsibility for, and agrees to indemnify,
defend, and save harmless the State of New Jersey and its employees from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses in connection therewith 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 materials supplied under this contract. This indemnification obligation is not limited by, but is in addition to the insurance obligations contained in this agreement.
2.3 INSURANCE - The contractor shall secure and maintain in force for the term of the contract liability insurance as
provided herein. The Contractor shall provide the State with current certificates of insurance for all coverages and renewals thereof, naming the State as an Additional Insured and shall contain the provision that the insurance provided in the certificate shall not be canceled for any reason except after thirty days written notice to:
STATE OF NEW JERSEY
Purchase Bureau – Bid Ref. #
The insurance to be provided by the contractor shall be as follows:
a. Comprehensive General Liability Insurance or its equivalent: The minimum limit of liability shall be $1,000,000 per occurrence as a combined single limit for bodily injury and property damage. The above required Comprehensive General Liability Insurance policy or its equivalent shall name the State, its officers, and employees as Additional Insureds. The coverage to be provided under these policies shall be at least as broad as that provided by the standard basic, unamended, and unendorsed Comprehensive General Liability Insurance occurrence coverage forms or its equivalent currently in use in the State of New Jersey, which shall not be circumscribed by any endorsement limiting the breadth of coverage.
b. Automobile liability insurance which shall be written to cover any automobile used by the insured. Limits of
liability for bodily injury and property damage shall not be less than $1 million per occurrence as a combined single limit.
c. Worker’s Compensation Insurance applicable to the laws of the State of New Jersey and Employers Liability
Insurance with limits not less than: $1,000,000 BODILY INJURY, EACH OCCURRENCE
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Applicable to all advertised DPP Procurements unless otherwise indicated
Rev: 07/27/2007 ST&C Page 3 of 10
$1,000,000 DISEASE EACH EMPLOYEE $1,000,000 DISEASE AGGREGATE LIMIT
3. TERMS GOVERNING ALL PROPOSALS TO NEW JERSEY PURCHASE BUREAU 3.1 CONTRACT AMOUNT - The estimated amount of the contract(s), when stated on the Advertised Request for
Proposal form, shall not be construed as either the maximum or minimum amount which the State shall be obliged to order as the result of this Request for Proposal or any contract entered into as a result of this Request for Proposal.
3.2 CONTRACT PERIOD AND EXTENSION OPTION - If, in the opinion of the Director of the Division of Purchase
and Property, it is in the best interest of the State to extend a contract entered into as a result of this Request for Proposal, the contractor will be so notified of the Director’s Intent at least 30 days prior to the expiration date of the existing contract. The contractor shall have 15 calendar days to respond to the Director's request to extend the contract. If the contractor agrees to the extension, all terms and conditions of the original contract, including price, will be applicable.
3.3 BID AND PERFORMANCE SECURITY
a. Bid Security - If bid security is required, such security must be submitted with the bid in the amount listed in the Request for Proposal, see N.J.A.C. 17: 12- 2.4. Acceptable forms of bid security are as follows:
1. A properly executed individual or annual bid bond issued by an insurance or security company
authorized to do business in the State of New Jersey, a certified or cashier's check drawn to the order of the Treasurer, State of New Jersey, or an irrevocable letter of credit drawn naming the Treasurer, State of New Jersey as beneficiary issued by a federally insured financial institution.
2. The State will hold all bid security during the evaluation process. As soon as is practicable after the
completion of the evaluation, the State will:
a. Issue an award notice for those offers accepted by the State;
b. Return all bond securities to those who have not been issued an award notice.
All bid security from contractors who have been issued an award notice shall be held until the successful execution of all required contractual documents and bonds (performance bond, insurance, etc. If the contractor fails to execute the required contractual documents and bonds within thirty (30) calendar days after receipt of award notice, the contractor may be found in default and the contract terminated by the State. In case of default, the State reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the required work in accordance with the New Jersey Administrative Code and to recover any actual excess costs from the contractor. Collection against the bid security shall be one of the measures available toward the recovery of any excess costs.
b. Performance Security - If performance security is required, the successful bidder shall furnish performance
security in such amount on any award of a term contractor line item purchase, see N.J.A.C. 17: 12- 2.5. Acceptable forms of performance security are as follows:
1. The contractor shall be required to furnish an irrevocable security in the amount listed in the
Request for Proposal payable to the Treasurer, State of New Jersey, binding the contractor to provide faithful performance of the contract.
2. The performance security shall be in the form of a properly executed individual or annual
performance bond issued by an insurance or security company authorized to do business in the State of New Jersey, a certified or cashier's check drawn to the order of the Treasurer, State of New Jersey, or an irrevocable letter of credit drawn naming the Treasurer, State of New Jersey as beneficiary issued by a federally insured financial institution.
The Performance Security must be submitted to the State within 30 days of the effective date of the contract award and cover the period of the contract and any extensions thereof. Failure to submit
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performance security may result in cancellation of contract for cause pursuant to provision 3.5b,1, and nonpayment for work performed.
3.4 VENDOR RIGHT TO PROTEST - INTENT TO AWARD - Except in cases of emergency, bidders have the right to
protest the Director's proposed award of the contract as announced in the Notice of Intent to Award, see N.J.A.C. 17:12-3.3. Unless otherwise stated, a bidder's protest must be submitted to the Director within 10 working days after receipt of written notification that its bid has not been accepted or that an award of contract has been made. In the public interest, the Director may shorten this protest period, but shall provide at least 48 hours for bidders to respond to a proposed award. In cases of emergency, stated in the record, the Director may waive the appeal period. See N.J.A.C. 17: 12- 3 et seq.
3.5 TERMINATION OF CONTRACT
a. For Convenience
Notwithstanding any provision or language in this contract to the contrary, the Director may terminate at any time, in whole or in part, any contract entered into as a result of this Request for Proposal for the convenience of the State, upon no less than 30 days written notice to the contractor.
b. For cause:
1. Where a contractor fails to perform or comply with a contract, and/or fails to comply with the complaints procedure in N.J.A.C. 17: 12-4.2 et seq., the Director may terminate the contract upon 10 days notice to the contractor with an opportunity to respond.
2. Where a contractor continues to perform a contract poorly as demonstrated by formal complaints,
late delivery, poor performance of service, short-shipping etc., so that the Director is repeatedly required to use the complaints procedure in N.J.A.C. 17:12-4.2 et seq. the Director may terminate the contract upon 10 days notice to the contractor with an opportunity to respond.
c. In cases of emergency the Director may shorten the time periods of notification and may dispense with an
opportunity to respond.
d. In the event of termination under this section, the contractor will be compensated for work performed in accordance with the contract, up to the date of termination. Such compensation may be subject to adjustments.
3.6 COMPLAINTS - Where a bidder has a history of performance problems as demonstrated by formal complaints
and/or contract cancellations for cause pursuant to 3.5b a bidder may be bypassed for this award. See N.J.A.C. 17:12-2.8.
3.7 EXTENSION OF CONTRACT QUASI-STATE AGENCIES - It is understood and agreed that in addition to State
Agencies, Quasi-State Agencies may also participate in this contract. Quasi-State Agencies are defined in N.J.S.A. 52:27B-56.1 as 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 a member.
3.8 EXTENSION OF CONTRACTS TO POLITICAL SUBDIVISIONS, VOLUNTEER FIRE DEPARTMENTS AND
FIRST AID SQUADS, AND INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION - N.J.S.A. 52:25-16.1 permits counties, municipalities and school districts to participate in any term contract{s), that may be established as a result of this proposal.
N.J.S.A. 52:25-16.2 permits volunteer fire departments, volunteer first aid squads and rescue squads to participate in any term contract(s) that may be established as a result of this proposal. N.J.S.A. 52:25-16.5 permits independent institutions of higher education to participate in any term contract(s) that may be established as a result of this proposal, provided that each purchase by the Independent Institution of higher education shall have a minimum cost of $500. In order for the State contract to be extended to counties, municipalities, school districts, volunteer fire departments, first aid squads and independent institutions of higher education the bidder must agree to the extension and so state in his bid. proposal. The extension to counties municipalities, school districts, volunteer fire
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departments, first aid squads and Independent Institutions of higher education must 'be under the same terms and conditions, including price, applicable to the State.
3.9 EXTENSIONS OF CONTRACTS TO COUNTY COLLEGES - N.J.S.A. 18A:64A - 25. 9 permits any college to
participate in any term contract(s) that may be established as a result of this proposal. 3.10 EXTENSIONS OF CONTRACTS TO STATE COLLEGES - N.J.S.A. 18A:64- 60 permits any State College to
participate in any term contract{s) that may be established as a result of this proposal. 3.11 SUBCONTRACTING OR ASSIGNMENT - The contract may not be subcontracted or assigned by the
contractor, in whole or in part, without the prior written consent of the Director of the Division of Purchase and Property. Such consent, if granted, shall not relieve the contractor of any of his responsibilities under the contract.
In the event the bidder proposes to subcontract for the services to be performed under the terms of the contract award, he shall state so in his bid and attach for approval a list of said subcontractors and an Itemization of the products and/or services to be supplied by them. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the State.
3.12 MERGERS, ACQUISITIONS - If, subsequent to the award of any contract resulting from this Request for
Proposal, the contractor shall merge with or be acquired by another firm, the following documents must be submitted to the Director, Division of Purchase & Property.
a. Corporate resolutions prepared by the awarded contractor and new entity ratifying acceptance of the original
contract, terms, conditions and prices.
b. State of New Jersey Bidders Application reflecting all updated information including ownership disclosure, pursuant to provision 1.5.
c. Vendor Federal Employer Identification Number.
The documents must be submitted within thirty (30) days of completion of the merger or acquisition. Failure to do so may result in termination of contract pursuant to provision 3.5b. If subsequent to the award of any contract resulting from this Request for Proposal, the contractor's partnership or corporation shall dissolve, the Director, Division of Purchase & Property must be so notified. All responsible parties of the dissolved partnership or corporation must submit to the Director in writing, the names of the parties proposed to perform the contract, and the names of the parties to whom payment should be made. No payment should be made until all parties to the dissolved partnership or corporation submit the required documents to the Director.
3.13 PERFORMANCE GUARANTEE OF BIDDER - The bidder hereby certifies that:
a. The equipment offered is standard new equipment, and is the manufacturer's latest model in production, with parts regularly used for the type of equipment offered; that such parts are all in production and not likely to be discontinued; and that no attachment or part has been substituted or applied contrary to manufacturer's recommendations and standard practice.
b. All equipment supplied to the State and operated by electrical current is UL listed where applicable. c. All new machines are to be guaranteed as fully operational for the period stated in the Request For Proposal
from time of written acceptance by the State. The bidder will render prompt service without charge, regardless of geographic location.
d. Sufficient quantities of parts necessary for proper service to equipment will be maintained at distribution
points and service headquarters. e. Trained mechanics are regularly employed to make necessary repairs to equipment in the territory from
which the service request might emanate within a 48-hour period or within the time accepted as industry practice.
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f. During the warranty period the contractor shall replace immediately any material which is rejected for failure
to meet the requirements of the contract. g. All services rendered to the State shall be performed in strict and full accordance with the specifications
stated in the contract. The contract shall not be considered complete until final approval by the State's using agency is rendered.
3.14 DELIVERY GUARANTEES - Deliveries shall be made at such time and in such quantities as ordered in strict
accordance with conditions contained in the Request for Proposal. The contractor shall be responsible for the delivery of material in first class condition to the State's using agency or the purchaser under this contract and in accordance with good commercial practice. Items delivered must be strictly in accordance with the Request for Proposal. In the event delivery of goods or services is not made within the number of days stipulated or under the schedule defined in the Request for Proposal, the using agency may be authorized to obtain the material or service from any available source, the difference in price, if any, to be paid by the contractor failing to meet his commitments.
3.15 DIRECTOR'S RIGHT OF FINAL BID ACCEPTANCE - The Director reserves the right to reject any or all bids, or
to award in whole or in part if deemed to be in the best interest of the State to do so. The Director shall have authority to award orders or contracts to the vendor or vendors best meeting all specifications and conditions in accordance with N.J.S.A. 52:34-12. Tie bids will be awarded by the Director in accordance with N.J.A.C.17:12-2.1D.
3.16 BID ACCEPTANCES AND REJECTIONS - The provisions of N.J.A.C. 17:12-2.9, relating to the Director's right,
to waive minor elements of non-compliance with bid specifications and N.J.A.C. 17: 12- 2.2 which defines causes for automatic bid rejection, apply to all proposals and bids.
3.17 STATE'S RIGHT TO INSPECT BIDDER'S FACILITIES - The State reserves the right 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.
The State may also consult with clients of the bidder during the evaluation of bids. Such consultation is intended to assist the State in making a contract award which is most advantageous to the State.
3.18 STATE'S RIGHT TO REQUEST FURTHER INFORMATION - The Director reserves the right to request all
information which may assist him or her in making a contract award, including factors necessary to evaluate the bidder’s financial capabilities to perform the contract. Further, the Director reserves the right to request a bidder to explain, in detail, how the bid price was determined.
3.19 MAINTENANCE OF RECORDS - The contractor shall maintain records for products and/or services delivered
against the contract for a period of three (3) years from the date of final payment. Such records shall be made available to the State upon request for purposes of conducting an audit or for ascertaining information regarding dollar volume or number of transactions.
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Rev: 07/27/2007 ST&C Page 7 of 10
3.20 ASSIGNMENT OF ANTITRUST CLAIM(S) - The contractor recognizes that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the ultimate purchaser. Therefore, and as consideration for executing this contract, the contractor, acting herein by and through its duly authorized agent, hereby conveys, sells, assigns, and transfers to the State of New Jersey, for itself and on behalf of its political subdivisions and public agencies, all right, title and interest to all claims and causes of action it may now or hereafter acquire under the antitrust laws of the United States or the State of New Jersey, relating to the particular goods and services purchased or acquired by the State of New Jersey or any of its political subdivisions or public agencies pursuant to this contract.
In connection with this assignment, the following are the express obligations of the contractor;
a. It will take no action which will in any way diminish the value of the rights conveyed or assigned hereunder.
b. It will advise the Attorney General of New Jersey:
1. in advance of its intention to commence any action on its own behalf regarding any such claim or
cause(s) of action;
2. immediately upon becoming aware of the fact that an action has been commenced on its behalf by some other person(s) of the pendency of such action.
c. It will notify the defendants in any antitrust suit of the fact of the within assignment at the earliest practicable
opportunity after the contractor has initiated an action on its own behalf or becomes aware that such an action has been filed on its behalf by another person. A copy of such notice will be sent to the Attorney General of New Jersey.
Furthermore, it is understood and agreed that in the event any payment under any such claim or cause of action is made to the contractor, it shall promptly pay over to the State of New Jersey the allotted share thereof, if any, assigned to the State hereunder.
4. TERMS RELATING TO PRICE QUOTATION 4.1 PRICE FLUCTUATION DURING CONTRACT - Unless otherwise noted by the State, all prices quoted shall be
firm through issuance of contract or purchase order and shall not be subject to increase during the period of the contract.
In the event of a manufacturer's or contractor's price decrease during the contract period, the State shall receive the full benefit of such price reduction on any undelivered purchase order and on any subsequent order placed during the contract period. The Director of Purchase and Property must be notified, in writing, of any price reduction within five (5) days of the effective date. Failure to report price reductions will result in cancellation of contract for cause, pursuant to provision 3.5b.1.
4.2 DELIVERY COSTS - Unless otherwise noted in the Request for Proposal, all prices for items in bid proposals are
to be submitted F.O.B. Destination. Proposals submitted other than F.O.B. Destination may not be considered. Regardless of the method of quoting shipments, the contractor shall assume all costs, liability and responsibility for the delivery of merchandise in good condition to the State's using agency or designated purchaser.
F.O.B. Destination does not cover "spotting" but does include delivery on the receiving platform of the ordering agency at any destination in the State of New Jersey unless otherwise specified. No additional charges will be allowed for any additional transportation costs resulting from partial shipments made at contractor's convenience when a single shipment is ordered. The weights and measures of the State's using agency receiving the shipment shall govern.
4.3 C.O.D. TERMS - C.O.D. terms are not acceptable as part of a bid proposal and will be cause for rejection of a
bid. 4.4 TAX CHARGES - The State of New Jersey is exempt from State sales or use taxes and Federal excise taxes.
Therefore, price quotations must not include such taxes. The State's Federal Excise Tax Exemption number is 22-75-0050K.
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4.5 PAYMENT TO VENDORS - Payment for goods and/or services purchased by the State will only be made against State Payment Vouchers. The State bill form in duplicate together with the original Bill of Lading, express receipt and other related papers must be sent to the consignee on the date of each delivery. Responsibility for payment rests with the using agency which will ascertain that the contractor has performed in a proper and satisfactory manner in accordance with the terms and conditions of the award. Payment will not be made until the using agency has approved payment.
For every contract the term of which spans more than one fiscal year, the State's obligation to make payment beyond the current fiscal year is contingent upon legislative appropriation and availability of funds. The State of New Jersey now offers State contractors the opportunity to be paid through the MasterCard 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 utilizing 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 MasterCard. For more information, call your bank or any merchant services company.
4.6 NEW JERSEY PROMPT PAYMENT ACT - The New Jersey Prompt Payment Act N.J.S.A. 52:32-32 et seq.
requires state agencies to pay for goods and services within sixty (60) days of the agency's receipt of a properly executed State Payment Voucher or within sixty (60) days of receipt and acceptance of goods and services, whichever is later. Properly executed performance security, when required, must be received by the state prior to processing any payments for goods and services accepted by state agencies. Interest will be paid on delinquent accounts at a rate established by the State Treasurer. Interest will not be paid until it exceeds $5.00 per properly executed invoice.
Cash discounts and other payment terms included as part of the original agreement are not affected by the Prompt Payment Act.
4.7 RECIPROCITY - In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17: 12- 2. 13, the State of New Jersey will invoke reciprocal action against an out-of-State bidder whose state or locality maintains a preference practice for their bidders.
5. CASH DISCOUNTS - Bidders are encouraged to offer cash discounts based on expedited payment by the State.
The State will make efforts to take advantage of discounts, but discounts will not be considered in determining the lowest bid.
a. Discount periods shall be calculated starting from the next business day after the recipient has accepted the
goods or services received a properly signed and executed State Payment Voucher form and, when required, a properly executed performance security, whichever is latest.
b. The date on the check issued by the State in payment of that Voucher shall be deemed the date of the
State's response to that Voucher.
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6. STANDARDS PROHIBITING CONFLICTS OF INTEREST - The following prohibitions on vendor activities shall apply to all contracts or purchase agreements made with the State of New Jersey, pursuant to Executive Order No. 189 (1988).
a. No vendor shall pay, offer to pay, or agree to pay, either directly or indirectly, any fee, commission,
compensation, gift, gratuity, or other thing of value of any kind to any State officer or employee or special State officer or employee, as defined by N.J.S.A. 52:13D-13b and e., in the Department of the Treasury or any other agency with which such vendor transacts or offers or proposes to transact business, or to any member of the immediate family, as defined by N.J.S.A. 52:13D-13i., of any such officer or employee, or partnership, firm or corporation with which they are employed or associated, or in which such officer or employee has an interest within the meaning of N.J.S.A. 52: 13D-13g.
b. The solicitation of any fee, commission, compensation, gift, gratuity or other thing of value by any State
officer or employee or special State officer or employee from any State vendor shall be reported in writing forthwith by the vendor to the Attorney General and the Executive Commission on Ethical Standards.
c. No vendor may, directly or indirectly, undertake any private business, commercial or entrepreneurial
relationship with, whether or not pursuant to employment, contract or other agreement, express or implied, or sell any interest in such vendor to, any State officer or employee or special State officer or employee or special State officer or employee having any duties or responsibilities in connection with the purchase, acquisition or sale of any property or services by or to any State agency or any instrumentality thereof, or with any person, firm or entity with which he is employed or associated or in which he has an interest within the meaning of N.J.S.A. 52: 130-13g. Any relationships subject to this provision shall be reported in writing forthwith to the Executive Commission on Ethical Standards, which may grant a waiver of this restriction upon application of the State officer or employee or special State officer or employee upon a finding that the present or proposed relationship does not present the potential, actuality or appearance of a conflict of interest.
d. No vendor shall influence, or attempt to influence or cause to be influenced, any State officer or employee or
special State officer or employee in his official capacity in any manner which might tend to impair the objectivity or independence of judgment of said officer or employee.
e. No vendor shall cause or influence, or attempt to cause or influence, any State officer or employee or
special State officer or employee to use, or attempt to use, his official position to secure unwarranted privileges or advantages for the vendor or any other person.
f. The provisions cited above in paragraph 6a through 6e shall not be construed to prohibit a State officer or
employee or Special State officer or employee from receiving gifts from or contracting with vendors under the same terms and conditions as are offered or made available to members of the general public subject to any guidelines the Executive Commission on Ethical Standards may promulgate under paragraph 6c.
7. NOTICE TO ALL BIDDERS SET-OFF FOR STATE TAX NOTICE
Please be advised that, pursuant to P.L 1995, c. 159, effective January 1, 1996, and notwithstanding any provision of the law to the contrary, whenever any taxpayer, partnership or S corporation under contract to provide goods or services or construction projects to the State of New Jersey or its agencies or instrumentalities, including the legislative and judicial branches of State government, is entitled to payment for those goods or services at the same time a taxpayer, partner or shareholder of that entity is indebted for any State tax, the Director of the Division of Taxation shall seek to set off that taxpayer’s or shareholder’s share of the payment due the taxpayer, partnership, or S corporation. The amount set off shall not allow for the deduction of any expenses or other deductions which might be attributable to the taxpayer, partner or shareholder subject to set-off under this act. The Director of the Division of Taxation shall give notice to the set-off to the taxpayer and provide an opportunity for a hearing within 30 days of such notice under the procedures for protests established under R.S. 54:49-18. No requests for conference, protest, or subsequent appeal to the Tax Court from any protest under this section shall stay the collection of the indebtedness. Interest that may be payable by the State, pursuant to P.L. 1987, c.184 (c.52:32-32 et seq.), to the taxpayer shall be stayed.
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8. APPLICABLE LAW - This contract and any and all litigation arising therefrom or related thereto shall be governed by the applicable laws, regulations and rules of evidence of the State of New Jersey without reference to conflict of laws principles.
