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REQUEST FOR QUOTATION (RFQ)

New Jersey Department of Health Laboratory Evaluation Consultant

Event Date Time

Bidder’s Electronic Question Due Date Refer to RFQ Section 1.3.1 for additional information

Friday, 1/13/18

2:00 PM

Quote Submission Date Refer to RFQ Section 1.3.2 for additional information

Wednesday, 2/1/18

2:00 PM

Date: December 28, 2017

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TABLE OF CONTENTS 1. INTRODUCTION ........................................................................................................................................................................ 3

1.1 PURPOSE AND INTENT .................................................................................................................................................... 3 1.2 BACKGROUND ................................................................................................................................................................. 3 1.3 KEY EVENTS ..................................................................................................................................................................... 3

1.3.1 QUESTION AND ANSWER PERIOD .......................................................................................................................... 3 1.3.2 BIDDER RESPONSIBILITY ......................................................................................................................................... 4 1.3.3 COST LIABILITY ........................................................................................................................................................ 4 1.3.4 CONTENTS OF QUOTE ............................................................................................................................................ 4 1.3.5 SUBMISSION OF QUOTES ....................................................................................................................................... 4

2. DEFINITIONS ............................................................................................................................................................................. 5 3. SCOPE OF WORK ...................................................................................................................................................................... 7

3.1 GENERAL INFORMATION ................................................................................................................................................. 7 3.1.1 PROJECT KICK-OFF MEETING .................................................................................................................................. 7

3.2 VENDOR REQUIREMENTS ................................................................................................................................................ 7 3.2.1 EXPERIENCE ............................................................................................................................................................ 8 3.2.2 SUBSTITUTION OF PERSONNEL .............................................................................................................................. 8

3.3 PROJECT DOCUMENTATION AND SCHEDULING .............................................................................................................. 8 3.4 PROJECT REPORTING ....................................................................................................................................................... 9 3.5 WEEKLY PROJECT STATUS REPORT .................................................................................................................................. 9 3.6 RELEASE OF INFORMATION ............................................................................................................................................. 9 3.7 CONFIDENTIALITY ............................................................................................................................................................ 9 3.8 DELIVERABLES ................................................................................................................................................................. 9

4. QUOTE PREPARATION AND SUBMISSION .............................................................................................................................. 10 4.1 GENERAL QUOTE CONDITIONS ..................................................................................................................................... 10 4.2 QUOTE SUBMISSION ..................................................................................................................................................... 10 4.3 QUOTE CONTENT .......................................................................................................................................................... 10

4.3.1 FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH QUOTE ........................................................... 10 4.3.2 FORMS AND CERTIFICATIONS REQUIRED PRIOR TO AWARD ............................................................................... 11 4.3.3 TECHNICAL QUOTE ............................................................................................................................................... 12

4.4 PRICE SUBMISSION ........................................................................................................................................................ 13 5. SPECIAL TERMS AND CONDITIONS ......................................................................................................................................... 14

5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS ............................................................................ 14 5.1 PURCHASE ORDER TERM ............................................................................................................................................... 14 5.2 VENDOR RESPONSIBLITIES ............................................................................................................................................ 14 5.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL REQUIREMENTS ...................................................................... 14

5.3.1 CONTRACT COMPLIANCE ..................................................................................................................................... 14 5.4 ADDITIONAL WORK ....................................................................................................................................................... 15 5.5 DATA CONFIDENTIALITY ................................................................................................................................................ 15 5.6 VENDOR’S CONFIDENTIAL INFORMATION .................................................................................................................... 16 5.7 DATA SECURITY STANDARDS ......................................................................................................................................... 17 5.8 NEWS RELEASES ............................................................................................................................................................ 18 5.9 ADVERTISING ................................................................................................................................................................. 18 5.10 LICENSES AND PERMITS ................................................................................................................................................ 18 5.11 CLAIMS AND REMEDIES ................................................................................................................................................. 18

5.11.1 CLAIMS ................................................................................................................................................................. 18 5.11.2 REMEDIES ............................................................................................................................................................. 18 5.11.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS ........................................... 18

6. QUOTE EVALUATION .............................................................................................................................................................. 19 6.1 CLARIFICATION OF QUOTE ............................................................................................................................................ 19 6.2 EVALUATION CRITERIA .................................................................................................................................................. 19

6.2.1 TECHNICAL EVALUATION CRITERIA ...................................................................................................................... 19 6.2.2 BIDDER’S PRICE SCHEDULE ................................................................................................................................... 19

6.3 NEGOTIATION AND BEST AND FINAL OFFER (BAFO) ..................................................................................................... 19 6.4 COMPLAINTS ................................................................................................................................................................. 20

ATTACHMENTS ............................................................................................................................................................................... 21 LAB SERVICE AREAS AND TEST VOLUMES .................................................................................................................................. 21

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1. INTRODUCTION

1.1 PURPOSE AND INTENT This Request for Quote (RFQ) is issued by the Division of Management and Administration (Division), Department of Health (Department or DOH), on behalf of the Division of Public Health Infrastructure Laboratories and Emergency Preparedness (PHILEP). The purpose of this RFQ is to solicit Quotes from qualified consulting firms to perform an internal performance audit of the New Jersey Public Health and Environmental Laboratories (PHEL) to evaluate the economy, efficiency, and effectiveness of PHEL’s operations. The intent of this RFQ is to award one (1) Purchase Order to that responsible Bidder whose Quote is most advantageous to the State, price and other factors considered. Note: All businesses must have a valid Business Registration Certificate (BRC) from the Department of the Treasury, Division of Revenue and Enterprise Services, prior to conducting business with the State of New Jersey. Bidders are advised to visit the Division of Purchase and Property (DPP) website located at the link noted below for additional information on Doing Business with the Division and registering with the Division’s new eProcurement system, NJSTART.

1.2 BACKGROUND The New Jersey Public Health and Environmental Laboratories (PHEL), located at one facility in Ewing, New Jersey, has an annual estimated budget of $25 million. For more information about PHEL budgets, organization, and activities, please see the Attachments section of this document as well as the website at http://www.nj.gov/health/phel/.

1.3 KEY EVENTS

1.3.1 QUESTION AND ANSWER PERIOD The Division will electronically accept questions and inquiries from all potential Bidders. All questions and inquiries concerning this RFQ must be submitted electronically, to the email address listed below, no later than the cut-off date indicated on the RFQ cover sheet:

Email: centralprocurement@doh.nj.gov In the event questions are posed by Bidders, answers to such questions will be issued and made available to all Bidders by way of email.

1.3.1.1 EXCEPTIONS TO THE STATE OF NEW JERSEY DELEGATED PURCHASING AUTHORITY TERMS AND CONDITIONS Questions regarding the State of New Jersey Delegated Purchasing Authority Terms and Conditions to mandatory requirements must be posed during this Electronic Question and Answer Period and shall contain the Bidder’s suggested changes and the reason for the suggested changes. Exceptions to the Terms and Conditions that are submitted with a Bidder’s Quote may result in a Bidder’s Quote being deemed non-responsive and ineligible for contract award.

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1.3.2 BIDDER RESPONSIBILITY The Bidder assumes sole responsibility for the complete effort required in submitting its Quote in response to this Request for Quotation (RFQ), including the timely delivery of Quotes. No special consideration will be given after Quotes are opened because of a Bidder’s failure to be knowledgeable as to all of the requirements of this RFQ.

1.3.3 COST LIABILITY The State assumes no responsibility and bears no liability for costs incurred by a Bidder in the preparation and submittal of a Quote in response to this RFQ.

1.3.4 CONTENTS OF QUOTE Quotes can be released to the public pursuant to N.J.A.C. 17:12-1.2(b) and (c), or under the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., or the common law right to know. After the opening of sealed Quotes, all information submitted by a Bidder in response to a RFQ is considered public information notwithstanding any disclaimers to the contrary submitted by a Bidder. Proprietary and confidential information may be exempted from public disclosure by OPRA and/or the common law. When the RFQ contains a negotiation component, the Quote will not be subject to public disclosure until a notice of intent to award a Purchase Order is announced. As part of its Quote, a Bidder may designate any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion. The location in the Quote of any such designation should be clearly stated in a cover letter. The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the Bidder accordingly. Any proprietary and/or confidential information in a Quote will be redacted by the State. The State will not honor any attempt by a Bidder to designate its entire Quote and/or prices as proprietary, confidential and/or to claim copyright protection for its entire Quote. Copyright law does not prohibit access to a record which is otherwise available under OPRA. In the event of any challenge to the Vendor’s {Bidder’s} assertion of confidentiality with which the State does not concur, the Bidder shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Bidder. The State assumes no such responsibility or liability. A Bidder shall not designate any price lists and/or catalogs submitted as exempt from public disclosure.

1.3.5 SUBMISSION OF QUOTES The Quote must be received by the Division at the appropriate location no later than the Quote submission date indicated on the RFQ cover sheet.

Hard Copy Quotes must be submitted to: N.J. Department of Health Division of Management & Administration Central Procurement Office 369 South Warren Street, 7th Floor Trenton, NJ 08608 Electronic Quotes must be submitted via email to centralprocurement@doh.nj.gov

Electronic Quote submission is strongly recommended.

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2. DEFINITIONS The following definitions will be part of any Purchase Order awarded or order placed as a result of this RFQ. All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: labor costs, 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. Bid or Bid Solicitation {RFQ or Solicitation} – This series of documents, which establish the bidding and Contract requirements and solicits Quotes to meet the needs of the Department as identified herein, and includes the Request for Quotations, Delegated Purchasing Authority Standard Terms and Conditions (DPATC), price schedule, attachments, and amendments as applicable. Bid Amendment – Written clarification or revision to this RFQ issued by the Department. Bid Amendments, if any, will be issued prior to Quote opening. Bidder – An entity offering a Quote in response to the Division’s RFQ. Business Day - Any weekday, excluding Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated. Calendar Day – Any day, including Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated. Change Order – An alteration or modification of the terms of a Purchase Order between the State and the Vendor(s). A Change Order is not effective until it is signed and approved in writing by the issuing agency. Contract (Purchase Order) - The Purchase Order or Contract consists of the State of NJ Delegated Purchasing Authority Terms and Conditions (DPATC), the RFQ, the responsive Quote submitted by a responsible Bidder as accepted by the State, the notice of award, any Best and Final Offer, any subsequent written document memorializing the agreement, any modifications to any of these documents approved by the State and any attachments, Bid Amendments or other supporting documents, or post-award documents including Change Orders agreed to by the State and the Vendor, in writing. Days After Receipt of Order (ARO) - means the number of calendar days ‘After Receipt of Order’ in which the Using Agency will receive the ordered materials and/or services. Discount - Means the standard discount applied by the Bidder to all items. Evaluation Committee – A committee established or Division staff member assigned by the Director to review and evaluate Quotes submitted in response to this RFQ and recommend a Purchase Order award. 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. May – Denotes that which is permissible or recommended, not mandatory.

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No Bid – The Bidder is not submitting a price Quote for an item on a price line. No Charge – The Bidder will supply an item on a price line free of charge. PHEL – Public Health and Environmental Laboratories Project – The undertakings or services that are the subject of this RFQ. Project Management - The management of the Integration Project, including developing the overall strategy and Project Management Plan to meet the goals and objectives of the project. Quote –Bidder’s timely response to the RFQ including, but not limited to, technical Quote, price Quote, and any licenses, forms, certifications, or other documentation required by the RFQ. Relevance - refers to the extent to which evidence has a logical relationship with, and importance to, the issue being addressed. Revision – A requested clarification of the Bidder’s Quote. Reliability - refers to the consistency of results when information is measured or tested and includes the concepts of being verifiable or supported. Shall or Must – Denotes that which is a mandatory requirement. Failure to meet a mandatory material requirement will result in the rejection of a Quote as non-responsive. Should – Denotes that which is permissible or recommended, not mandatory. State – The State of New Jersey. Subtasks – Detailed activities that comprise the actual performance of a task. Subcontractor – An entity having an arrangement with a Vendor, whereby the Vendor uses the products and/or services of that entity to fulfill some of its obligations under its Contract, while retaining full responsibility for the performance of all the Vendor’s obligations under the Contract, including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Vendor. Sufficiency - a measure of the quantity of evidence used for addressing the audit objectives and supporting findings and conclusions. Task – A discrete unit of work to be performed. Unit Cost – All-inclusive, firm fixed price charged by the Bidder for a single unit identified on a price line. Validity - refers to the extent to which evidence is a meaningful or reasonable basis for measuring what is being evaluated. Vendor – The Bidder awarded a Purchase Order resulting from this RFQ.

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3. SCOPE OF WORK

3.1 GENERAL INFORMATION The Contractor shall conduct perform an internal performance audit of the Public Health and Environmental Laboratories (PHEL) to evaluate the economy, efficiency, and effectiveness of PHEL’s operations. The Contractor shall evaluate the following categories listed below and make recommendations for improvement based on current State policy, applicable laws and regulations, and industry best practices. These evaluations and recommendations shall be included in the final deliverable report as specified in Section 3.8.

A. Budget and Funding

B. Organizational Structure

C. Test Menus and Service Portfolios

D. Accreditations

E. Quality Assurance Programs

F. Training Programs

G. Process Efficiencies

Additional areas of evaluation may be included by the Contractor with Department approval; however, areas A-G must be addressed.

3.1.1 PROJECT KICK-OFF MEETING Within two weeks of contract award, Vendor shall attend an in-person meeting at the Department of Health offices located at the Public Health Laboratories in Ewing, New Jersey. The meeting will cover, at a minimum, the following items:

a) Review and approval of the Vendor’s Preliminary Budget Plan and Timeline

b) Confirmation of project intent and scope

c) Overview of Deliverables and Schedule, including method of delivery

d) Establishment of reporting requirements, communications protocols, and project management requirements, including chain of command for dealing with emergent issues

e) Any additional information pertinent to the evaluation initiative.

3.2 VENDOR REQUIREMENTS The Vendor shall supply the staff, skills, and materials necessary to ensure the success and timely completion of the performance audit. The Vendor shall be responsible for the documentation, deliverables management, and facilitation of activities, and other project activities as appropriately determined. All Vendor personnel shall be capable, thoroughly trained and qualified to perform the services required. The Vendor must ensure that all personnel observe all laws, policies, and regulations in effect at all State facilities including security sign-in/sign-out procedures. Under no circumstances shall the Vendor’s represent themselves as State employees. The Vendor is fully responsible for the conduct of their employees while on State premises. If there is any need for intervention by the State security force or other State supervisory personnel because of behavior, security breaches or general misconduct, the Vendor shall immediately remove the employee from the premises and replace this employee on a permanent basis.

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a) Plan, define, manage and utilize standardized project management methodologies, tools, templates and procedures

b) Prepare and maintain an integrated project schedule to ensure that all projects are effectively managed

c) Take/recommend corrective action as required to keep projects on schedule and within budget d) Keep abreast of and apply new processes to ensure the best approaches to project management e) Develop project controls to ensure that objectives are met in a timely and cost-effective manner

3.2.1 EXPERIENCE The Contractor should possess a minimum of five (5) years’ experience in the performance of Public Health Laboratory audits and evaluations. Contractor personnel shall minimally possess the following:

a) Familiarity with the relevant public laboratory legal regulations, accreditation procedures and requirements;

b) A thorough knowledge of all relevant public laboratory analytical methodologies in the categories being assessed and the required documents; and

c) Familiar with public laboratory quality assurance documents, including standard operating procedures and any other documents necessary to successfully complete the scope of work.

Contractor personnel should minimally possess the following experience:

a) A bachelor’s degree in a science-related field with technical experience in a laboratory; b) Two (2) years’ experience performing Clinical Laboratory evaluations in a public-sector setting;

and, c) Five (5) years’ experience performing laboratory evaluations.

3.2.2 SUBSTITUTION OF PERSONNEL To ensure efficiency and continuity, the Contractor’s personnel shall remain assigned to the project until it is deemed complete by the designated Division representative. In the event the Contractor finds it cannot provide the personnel previously approved, the Contractor must submit a written request to the designated Division representative, requesting permission to substitute its personnel. At a minimum, the written notice must include, but not be limited to, the following:

1. Justification for such substitution;

2. A narrative establishing that the proposed substitute meets or exceeds the experience

possessed by its previous staff member; and

3. Resume for the proposed substitute.

The NJDOH reserves the right to approve all Contractor’s personnel assigned to this project. The Contractor shall remove any of its employees, which in the opinion of the NJDOH, are not qualified or not needed to perform the work.

3.3 PROJECT DOCUMENTATION AND SCHEDULING The Vendor shall organize, index, and maintain all project documentation. The Vendor shall coordinate all activities required for Project Planning and maintain a Project Management Plan in an electronic format and location that is accessible to the Department. The Vendor shall be required to maintain the project schedules through a master schedule to include individual project schedules as needed, enabling the Department to monitor the critical path of the projects.

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3.4 PROJECT REPORTING The Vendor shall be required to maintain a record of project activities to include meeting facilitation, agenda development, meeting minutes, and other artifacts to enable the Department to evaluate work performed and decisions finalized.

3.5 WEEKLY PROJECT STATUS REPORT To report on the Project’s status, the Vendor shall be required to submit a weekly Status Report that provides a thorough and detailed status of the project and project schedule. The Vendor must assess the status of all project activities; identify major accomplishments, and report issues and risks that are impacting the project. The report must also include an activity forecast for the next two weeks and up to 3 months, highlighting any critical items that must be carefully watched to keep the project on a successful path. This report will be reviewed and approved by Department staff.

3.6 RELEASE OF INFORMATION The Contractor shall be responsible for the security of all evaluation findings and documentation. All evaluation reports shall be released only to NJDOH or its authorized representative as designated in writing. The Contractor shall not, at any time, during or after the evaluation, disclose any information obtained during the performance of this project.

3.7 CONFIDENTIALITY The Contractor shall be required to sign a confidentiality and non-disclosure agreement prior to the project commencement conference.

3.8 DELIVERABLES The Contractor should prepare a final report which addresses the categories listed above in Section 3.1 A-G, as well as any additional areas of evaluation that received Department approval. Each section of the report should cover one category and offer a description of findings that includes strengths and weaknesses, observations, and recommendations for further action based on current State policy, applicable laws and regulations, and industry best practices. The Contractor shall submit all reports in a format approved by the NJDOH at the Project Kick-Off Meeting and within the agreed-upon timeframe. The Contractor shall deliver a draft of the report to the Project Manager for review and comment. The Department will have no more than thirty (30) calendar days to review and provide comment on the draft report. At its discretion, the Department may request an in-person meeting to discuss the report draft. The Contractor shall incorporate the Department’s comments into the final draft of the report, which shall constitute the final deliverable document. The Contractor’s’ failure to timely deliver the final report may result in delayed payment.

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4. QUOTE PREPARATION AND SUBMISSION

4.1 GENERAL QUOTE CONDITIONS Quotes, including Bidder proposed terms and conditions may be accepted, but Bidder proposed terms or conditions that conflict with those contained in the RFQ, or that diminish the State’s rights under any Purchase Order resulting from the RFQ, will be considered null and void. The Department is not responsible for identifying conflicting Bidder proposed terms and conditions before issuing a Purchase Order award. It is incumbent upon the Bidder to identify and remove its conflicting proposed terms and conditions prior to the submission of the RFQ. In the event the Bidder intends to propose terms and conditions contrary to the RFQ, these Bidder proposed terms and conditions shall only be considered if submitted pursuant to the procedure set forth in Section 1.3.1.1 of this RFQ. Bidders shall not submit exceptions to the State of New Jersey Delegated Purchasing Authority Terms and Conditions with its a submission. Under no circumstance is the Department required to accept a Bidder’s exception to the RFQ. The Bidder is advised to thoroughly read and follow all instructions contained in this RFQ, including the instructions contained on the Information Sheet and Certification for Delegated Purchasing Authority Transactions.

4.2 QUOTE SUBMISSION A Quote must arrive at the Department on or before the date and time indicated on the RFQ cover sheet. Bidders submitting Quotes in hard copy form are advised to allot sufficient time for Quote delivery, as late Quotes will be rejected. The electronic submission of Quotes is strongly recommended.

4.3 QUOTE CONTENT

4.3.1 FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH QUOTE The Bidder shall complete, including signature of an authorized representative of the Bidder, and submit the Information Sheet and Certification for Delegated Purchasing Authority Transactions. NOTE: All forms required below are available on the Division of Purchase and Property (DPP) website at the following link: http://www.nj.gov/treasury/purchase/forms/DPA_Packet.pdf In addition to the Information Sheet and Certification for Delegated Purchasing Authority Transactions, the Bidder must also submit the following forms and certifications with its Quote:

1. Business Registration Certificate – For businesses not registered with the State of New Jersey, Division of Revenue and Enterprise Services, you MUST complete a Business Registration Certificate Application which is located at http://www.nj.gov/njbusiness/starting/. The bidder must have a valid Business Registration to be eligible to do business with the State of New Jersey;

2. Ownership Disclosure Form – Pursuant to N.J.S.A. 52:25-24.2, in the event the Bidder is a corporation, partnership or sole proprietorship, the Bidder must complete and sign the attached Ownership Disclosure Form. A current completed Ownership Disclosure Form must be received prior to or accompany the submitted Quote. A Bidder’s failure to submit the competed and signed form with it Quote will result in the rejection of the proposal as non-responsive and preclude the

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award of a Purchase Order unless the Division has on file a signed and accurate Ownership Disclosure Form dated and received no more than six months prior to the Quote submission deadline for this Quote;

3. Disclosure of Investment Activities in Iran Form – Pursuant to N.J.S.A. 52:25-24.2, the Bidder must utilize this Disclosure of investment Activities in Iran form to certify that neither the Bidder, nor one of its parents, subsidiaries, and/or affiliates as defined in N.J.S.A. 52:32-56(e)(3), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither the Bidder, nor one of its parents, subsidiaries, and/or affiliates is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the Bidder is unable to so certify, the Bidder shall provide a detailed and precise description of such activities as directed on the form. A Bidder’s failure to submit the completed and signed form with its Quote will result in the rejection of the Quote as non-responsive and preclude the award of a Purchase Order to said Bidder;

4. MacBride Principles Certification – The Bidder must certify pursuant to N.J.S.A. 52:34-12.2 that it is in compliance with the MacBride principles of nondiscrimination in employment as set forth in N.J.S.A 52:18A-89.5 and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of their compliance; and

5. Delegated Purchasing Authority Terms and Conditions – signed and dated.

4.3.2 FORMS AND CERTIFICATIONS REQUIRED PRIOR TO AWARD 1. Disclosure of Investigations and Actions Involving Bidder Form – The Bidder should submit the

Disclosure of Investigations and Actions Involving Bidder Form attached to this Quote, with its Quote submission. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) business days of the Division’s request or the Division may deem the Quote non-responsive;

2. Source Disclosure Certification Form – Pursuant to N.J.S.A. 52:34-13.2, prior to an award of Purchase Order, the Bidder is required to submit a completed Source Disclosure Form. The Bidder’s inclusion of the completed Services Source Disclosure Form with the proposal is requested and advised. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) business days of the Division’s request or the Division may deem the Quote non-responsive;

3. Affirmative Action Supplement Form – The intended awardee must submit a copy of a New Jersey Certificate of Employee Information Report, or a copy of Federal Letter of Approval verifying it is operation under a federally approved or sanctioned Affirmative Action Program. Intended awardee(s) not in possession of either a New Jersey Certificate of Employee Information Report or a Federal Letter of Approval must complete the Affirmative Action Employee Information Report (AA-302);

4. Notice to All Bidders – Set-Off for State Tax;

5. Vendor Certification and Political Contribution Disclosure Form;

6. Two Year Chapter 51/Executive Order 117 Vendor Certification and Disclosure of Political Contributions Form; and

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7. Insurance Certificates – The Vendor shall provide the State with current Certificates of Insurance for all coverages required by the terms of this Purchase Order. Refer to Section 2.3 of the Delegated Purchasing Authority Terms and Conditions attached to this RFQ.

4.3.3 TECHNICAL QUOTE The Bidder shall describe its approach and plans for accomplishing the work outlined in the Scope of Work Section 3.0. The Bidder must set forth its understanding of the requirements of this RFQ and its ability to successfully complete the requirements set forth in Section 3.0. The Preliminary Project Plan described below in Sections 4.3.3.1 is a required element of a Bidder’s Technical Quote. This element of a Bidder’s Quote will be technically evaluated pursuant to Section 6.2.1(c). Failure to include a Preliminary Project Plan will result in a Bidder’s Quote being deemed non-responsive and not eligible for contract award. While not mandatory, it is strongly recommended that Bidders submit the elements set forth in Sections 4.3.3.2 and 4.3.3.3 as these elements will be technically evaluated pursuant to Section 6.2.1(a) and (b).

4.3.3.1 PRELIMINARY PROJECT PLAN

The Bidder must submit a Preliminary Project Plan that captures the budget for the term of the Purchase Order. The Preliminary Project Plan should serve to demonstrate to the State that the Bidder’s suggested Preliminary Project Plan is realistic, attainable, and appropriate; and that the estimated number of hours and staff required to complete each activity, based on each key personnel are within the Preliminary Project Plan. At a minimum, the Preliminary Project Plan should include the Bidder’s expectation for each of the following:

a. Estimated number of hours and staff required to complete each deliverable for the duration of the Purchase Order term, with an eye toward completion of tasks within the six-month window;

b. Anticipated budget for each deliverable based on key personnel assigned to this project and a timeline and prioritization for each deliverable for the duration of the Purchase Order term;

c. A broad discussion of anticipated challenges that DOH may face in the completion of deliverables and potential workarounds or solutions that may be implemented to overcome these challenges.

The Preliminary Project Plan will be evaluated as part of the Bidder’s Technical Proposal as evidence of its ability to successfully complete the Scope of Work set forth in Section 3.0, pursuant to Section 6.2.1(c). The successful Bidder’s Preliminary Quarterly Budget Plan will be reviewed at the Project Kick-Off Meeting described in Section 3.1.1 of the RFQ.

4.3.3.2 RESUMES Detailed resumes must be submitted for all key personnel assigned to this project. Resumes should emphasize relevant qualifications and experience of these individuals in successfully completing a project of similar size and scope to those required within this RFQ. Resumes should include the following:

a. The individual’s previous experience in completing similar projects; b. Beginning and ending dates for each similar project; c. A description of the project demonstrating how the individual’s work on the project relates to the

individual’s ability to contribute to successfully providing the services required by this RFQ; and

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d. With respect to each similar project, the name and address of each reference together with a person to contact for a reference check and a telephone number.

The Bidder should provide detailed resumes for any additional key personnel anticipated to be assigned to this project. This element of a Bidder’s Quote will be technically evaluated pursuant to Section 6.2.1(a).

4.3.3.5 EXPERIENCE The Bidder should provide an ample listing of all similar size and scope projects it has successfully completed, as evidence of the Bidder’s ability to successfully complete services similar to those required by this RFQ. This element of a Bidder’s Quote will be technically evaluated pursuant to Section 6.2.1(b).

4.4 PRICE SUBMISSION The Bidder shall submit an all-inclusive, firm fixed price to provide the reorganization consulting services set forth in this RFQ for a six-month period. This price must include all 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. The price provided shall include all necessary staff and resources necessary to timely complete the services set forth in Section 3 of this RFQ. No additional fees shall be paid by the State, unless there is a change in the scope of work, which must be mutually agreed upon by the State and the Vendor and reduced to writing, pursuant to Section 5.4 of the RFQ. The fixed cap of all costs associated with this RFQ may not exceed $40,000. This element of a Bidder’s Quote will be evaluated pursuant to Section 6.2.2.

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5. SPECIAL TERMS AND CONDITIONS

The Purchase Order awarded as a result of this RFQ shall consist of this RFQ, addenda to this RFQ, the Vendor’s Quote, any best and final offer and the Division’s Notice of Award.

5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS This Contract awarded, and the entire agreement between the parties, as a result of this RFQ, shall consist of this Request for Quotations (RFQ), including the State of NJ Delegated Purchasing Authority Terms and Conditions (DPATC), the responsive Quote submitted by a responsible Bidder as accepted by the State, the Notice of Award, any Best and Final Offer, any subsequent written document memorializing the agreement, any modifications to any of these documents approved by the State and any attachments, Bid Amendments or other supporting documents, or post-award documents including Change Orders agreed to by the State and the Vendor, in writing. In the event of a conflict in the terms and conditions among the documents comprising this Contract, the order of precedence, for purposes of interpretation thereof, listed from highest ranking to lowest ranking, shall be:

a. RFQ Section 5, as may be amended by Bid Amendment; b. The State of NJ Delegated Purchasing Authority Standard Terms and Conditions (DPATC)

accompanying this RFQ; d. All remaining sections of the RFQ, as may be amended by Bid Amendments; e. The Vendor’s final submitted Best and Final Offer; and f. The Vendor’s Proposal as accepted by the State.

5.1 PURCHASE ORDER TERM The purchase order resulting from this RFQ shall be for a six (6) months from the date of contract award.

5.2 VENDOR RESPONSIBLITIES The Vendor shall have sole responsibility for the complete effort specified in the contract. Payment will be made only to the Vendor. The Vendor is responsible for the professional quality, technical accuracy and timely completion and submission of all deliverables and services required to be provided under the Purchase Order. The Vendor 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 Purchase Order shall not in any way relieve the Vendor 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 Vendor’s performance of this Purchase Order.

5.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL REQUIREMENTS In the event delivery of services is not made within the number of days stipulated under the schedule defined in the specifications, the Division may be authorized to obtain the service from any available source, the difference in price, if any, to be paid by the Vendor failing to meet its commitments.

5.3.1 CONTRACT COMPLIANCE In the event the Vendor fails to comply with the Purchase Order requirements and fails to rectify the situation after it has been made aware of the problem, the Division may file a formal complaint with the

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Division of Purchase and Property, Contract Compliance and Audit Unit. Formal Complaints are governed by N.J.A.C. 17:12-1 et seq. A Vendor with a history of formal complaints for failure to comply with contract requirements may be bypassed for future awards.

5.4 ADDITIONAL WORK The Vendor shall not begin performing any additional work or special projects without first obtaining the written approval of the DOH Project Manager. In the event of additional work, the Vendor must present a written Quote to the DOH Project Manager. The Quote should provide justification for the necessity of the additional work. The relationship between the additional work and the base Purchase Order work must be clearly established by the Vendor in its Quote. The Vendor’s written Quote must provide a detailed description of the work to be performed broken down by task and subtask. The Quote should also contain details on the level of effort, including hours, labor categories, etc., necessary to complete the additional work. Upon receipt and approval of the Vendors written Quote, the Vendor shall be provided with written authorization to proceed with the additional work. The Vendor is advised that should the additional work exceed the estimated dollar value of the Purchase Order; the Division will be required to obtain the approval of the Director of the Division of Purchase and Property. In the event the Vendor proceeds with additional work without the Director’s written approval, it shall be at the Vendor’s sole risk. The State shall be under no obligation to pay for work performed without the Director’s written approval.

5.5 DATA CONFIDENTIALITY All financial, statistical, personnel, customer and/or technical data supplied by the State to the Vendor are confidential (State Confidential Information). The Vendor must secure all data from manipulation, sabotage, theft or breach of confidentiality. The Vendor is prohibited from releasing any financial, statistical, personnel, customer and/or technical data supplied by the State that is deemed confidential. Any use, sale, or offering of this data in any form by the Vendor, or any individual or entity in the Vendor’s charge or employ, will be considered a violation of this Contract and may result in Contract termination and the Vendor’s suspension or debarment from State contracting. In addition, such conduct may be reported to the State Attorney General for possible criminal prosecution. The Vendor shall assume total financial liability incurred by the Vendor associated with any breach of confidentiality. When requested, the Vendor and all project staff must complete and sign confidentiality, data privacy, and non-disclosure agreements provided by the State. The Vendor may be required to view yearly security awareness and confidentiality training modules provided by the State. Where required, it shall be the Vendor’s responsibility to ensure that any new staff sign the confidentiality agreement and complete the security awareness and confidentiality training modules within one month of the employees’ start date. The State reserves the right to obtain, or require the Vendor to obtain, criminal history background checks from the New Jersey State Police for all Vendor and project staff (to protect the State of New Jersey from losses resulting from Vendor employee theft, fraud or dishonesty). If the State exercises this right, the

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results of the background check(s) must be made available to the State for consideration before the employee is assigned to work on the State’s project. Prospective employees with positive criminal backgrounds for cyber-crimes will not be approved to work on State Projects. Refer to the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-12, An Introduction to Computer Security: The NIST Handbook, Section 10.1.3, Filling the Position – Screening and Selecting.

5.6 VENDOR’S CONFIDENTIAL INFORMATION a. The obligations of the State under this provision are subject to the New Jersey Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq., the New Jersey common law right to know, and any other lawful document request or subpoena. b. By virtue of this Contract, the parties may have access to information that is confidential to one another. The parties agree to disclose to each other only information that is required for the performance of their obligations under this Contract. Vendor’s Confidential Information, to the extent not expressly prohibited by law, shall consist of all information clearly identified as confidential at the time of disclosure and anything identified in Vendor’s Quote {Proposal} as Background IP (“Vendor Confidential Information”). Notwithstanding the previous sentence, the terms and pricing of this Contract are subject to disclosure under OPRA, the common law right to know, and any other lawful document request or subpoena. c. A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party. d. The State agrees to hold Vendor’s Confidential Information in confidence, using at least the same degree of care used to protect its own Confidential Information. e. In the event that the State receives a request for Vendor Confidential Information related to this Contract pursuant to a court order, subpoena, or other operation of law, the State agrees, if permitted by law, to provide Vendor with as much notice, in writing, as is reasonably practicable and the State’s intended response to such order of law. Vendor shall take any action it deems appropriate to protect its documents and/or information. f. In addition, in the event Vendor receives a request for State Confidential Information pursuant to a court order, subpoena, or other operation of law, Vendor shall, if permitted by law, provide the State with as much notice, in writing, as is reasonably practicable and Vendor’s intended response to such order of law. The State shall take any action it deems appropriate to protect its documents and/or information. g. Notwithstanding the requirements of nondisclosure described in these Sections, either party may release the other party’s Confidential Information (i) if directed to do so by a court or arbitrator of competent jurisdiction, (ii) pursuant to a lawfully issued subpoena or other lawful document request, (iii) in the case of the State, if the State determines the documents or information are subject to disclosure and Vendor does not exercise its rights as described in Section 5.6(e), or if Vendor is unsuccessful in defending its rights as described in Section 5.6(e), or (iv) in the case of Vendor, if Vendor determines the documents or information are subject to disclosure and the State does not exercise its rights described in Section 5.6(f), or if the State is unsuccessful in defending its rights as described in Section 5.6(f).

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5.7 DATA SECURITY STANDARDS Data Security: The Vendor at a minimum must protect and maintain the security of data traveling its network in accordance with generally accepted industry practices. a. Any Personally Identifiable Information must be protected. All data must be classified in accordance with the State's Asset Classification and Control policy, 08-04-NJOIT (www.nj.gov/it/ps). Additionally, data must be disposed of in accordance with the State's Information Disposal and Media Sanitation policy, 09-10-NJOIT (www.nj.gov/it/ps). b. Data usage, storage, and protection is subject to all applicable federal and state statutory and regulatory requirements, as amended from time to time, including, without limitation, those for Health Insurance Portability and Accountability Act of 1996 (HIPAA), Personally Identifiable Information (PII), Tax Information Security Guidelines for Federal, State, and Local Agencies (IRS Publication 1075), New Jersey State tax confidentiality statute, N.J.S.A. 54:50-8, New Jersey Identity Theft Prevention Act, N.J.S.A. 56:11-44 et seq., the federal Drivers' Privacy Protection Act of 1994, Pub.L.103-322, and the confidentiality requirements of N.J.S.A. 39:2-3.4. Vendor must also conform to Payment Card Industry (PCI) Data Security Standard. Data Transmission: The Vendor must only transmit or exchange State of New Jersey data with other parties when expressly requested in writing and permitted by and in accordance with requirements of the State of New Jersey. The Vendor must only transmit or exchange data with the State of New Jersey or other parties through secure means supported by current technologies. The Vendor must encrypt all data defined as personally identifiable or confidential by the State of New Jersey or applicable law, regulation or standard during any transmission or exchange of that data. Data Storage: All data provided by the State of New Jersey or State data obtained by the Vendor in the performance of the Contract must be stored, processed, and maintained solely in accordance with a project plan and system topology approved by the DOH Project Manager. No State data shall be processed on or transferred to any device or storage medium including portable media, smart devices and/or USB devices, unless that device or storage medium has been approved in advance in writing by the State Project Manager. The Vendor must encrypt all data at rest defined as personally identifiable information by the State of New Jersey or applicable law, regulation or standard. The Vendor must not store or transfer State of New Jersey data outside of the United States. Data Scope: All provisions applicable to State data include data in any form of transmission or storage, including but not limited to: database files, text files, backup files, log files, XML files, and printed copies of the data. Data Re-Use: All State data must be used expressly and solely for the purposes enumerated in the Contract. Data must not be distributed, repurposed or shared across other applications, environments, or business units of the Vendor. No State data of any kind must be transmitted, exchanged or otherwise passed to other Vendors or interested parties except on a case-by-case basis as specifically agreed to in writing by the DOH Project Manager. Data Breach: Unauthorized Release Notification: The Vendor must comply with all applicable State and Federal laws that require the notification of individuals in the event of unauthorized release of personally identifiable information or other event requiring notification. In the event of a breach of any of the Vendor’s security obligations or other event requiring notification under applicable law ("Notification Event"), the Vendor must assume responsibility for informing the DOH Project Manager within 24 hours and all such individuals in accordance with applicable law and to indemnify, hold harmless and defend the

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State of New Jersey, its officials, and employees from and against any claims, damages, or other harm related to such Notification Event. All communications must be coordinated with the State of New Jersey. End of Contract Data Handling: Upon termination/expiration of this Contract the Vendor must first return all State data to the State in a usable format as defined in the Contract, or in an open standards machine-readable format if not. The Vendor must then erase, destroy, and render unreadable all Vendor copies of State data according to the standards enumerated in accordance with the State's most recent Information Disposal and Media Sanitation policy, currently 09-10-NJOIT (www.nj.gov/it/ps) and certify in writing that these actions have been completed within thirty (30) days after the termination/expiration of the Contract or within seven (7) days of the request of an agent of the State whichever shall come first.

5.8 NEWS RELEASES The Vendor 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 Department.

5.9 ADVERTISING The Vendor 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, Division of Purchase and Property.

5.10 LICENSES AND PERMITS The Vendor shall obtain and maintain in full force and effect all required licenses, permits, and authorizations necessary to perform this Contract. The Vendor shall comply with all New Jersey Department of Labor requirements. Notwithstanding the requirements of the RFQ, the Vendor shall supply the DOH Project Manager with evidence of all such licenses, permits and authorizations. This evidence shall be submitted subsequent to this Contract award. All costs associated with any such licenses, permits, and authorizations must be considered by the Bidder in its Quote.

5.11 CLAIMS AND REMEDIES

5.11.1 CLAIMS All claims asserted against the State by the Vendor 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.

5.11.2 REMEDIES Nothing in this 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.

5.11.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS In the event that the Vendor fails to comply with any material Contract requirements, the Director may take steps to terminate this Contract in accordance with the DPATC, authorize the delivery of Contract items by any available means, with the difference between the price paid and the defaulting Vendor’s price either being deducted from any monies due the defaulting Vendor or being an obligation owed the State by the defaulting Vendor, as provided for in the State administrative code, or take any other action or seek any other remedies available at law or in equity.

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6. QUOTE EVALUATION

6.1 CLARIFICATION OF QUOTE After the Quotes are reviewed, one, some or all of the Bidders may be asked to clarify certain aspects of their proposals. A request for clarification may be made in order to resolve minor ambiguities, irregularities, informalities or clerical errors. Clarifications cannot correct any deficiencies or material omissions or revise or modify a Quote, except to the extent that the correction of apparent clerical mistake results in a modification. The Bidder may be required to give an oral presentation to the Division concerning its proposal. Bidders shall not attend the oral presentations of their competitors. It is within the Division’s discretion whether to require the Bidder to give an oral presentation or require the Bidder to submit written responses to questions regarding its Quote. Action by the Division in this regard should not be construed to imply acceptance or rejection of a Quote. The Division will be the sole point of contact regarding any request for an oral presentation or clarification.

6.2 EVALUATION CRITERIA The following evaluation criteria categories, not necessarily listed in order of significance, will be used to evaluate Quotes received in response to this RFQ:

6.2.1 TECHNICAL EVALUATION CRITERIA a. Personnel: The qualifications and experience of the Bidder’s management, supervisory and key

personnel assigned to the Project.

b. Experience of the firm: The Bidder’s documented experience in successfully completing projects of similar size and scope in relation to the work required by this RFQ.

c. Ability of firm to complete the Scope of Work based on its Technical Quote: The Bidder’s demonstration in the Quote that the Vendor understands the requirements of the Scope of Work and presents an approach that would permit successful performance of the technical requirements of the project.

6.2.2 BIDDER’S PRICE SCHEDULE For evaluation purposes, Bidders will be ranked from lowest to highest according to the total, all-inclusive, firm-fixed price submitted for a six (6) month period. Bidders shall submit one, all-inclusive, firm-fixed quote for these services during this six-month period. In the event that additional work may be desired or necessary, these services shall be negotiated pursuant to Section 5.4 of this RFQ.

6.3 NEGOTIATION AND BEST AND FINAL OFFER (BAFO) After evaluating the Quotes, the Division may establish a competitive range and enter into negotiations with one (1) Bidder or multiple Bidders within this competitive range. The primary purpose of negotiations is to maximize the State’s ability to obtain the best value based on the mandatory requirements, evaluation criteria, and cost. Multiple rounds of negotiations may be conducted with one (1) Bidder or multiple Bidders. Negotiations will be structured by the Division to safeguard information and ensure that all Bidders are treated fairly.

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Negotiations will be conducted only in those circumstances where they are deemed by the Division to be in the State’s best interests and to maximize the State’s ability to get the best value. Therefore, the Bidder is advised to submit its best technical and price Quote in response to this RFQ since the Division may, after evaluation, make an award based on the content of the initial submission, without further negotiation and/or Best and Final Offer (BAFO), with any Bidder.

6.4 COMPLAINTS A Bidder with a history of performance problems as demonstrated by formal complaints may be bypassed for an award issued as a result of this RFQ.

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ATTACHMENT A:

LAB SERVICE AREAS AND TEST VOLUMES

Service Area # FTEs Approx. Budget

Clinical Laboratory Improvement Services (CLIS) 15 1,840,000$

Blood Bank Licensing 3 215,000$

CLIA 4 525,000$

Clinical Laboratory State Licensing 8 1,100,000$

Environmental and Chemical Laboratory Services (ECLS) 37 4,960,000$

Sample Receiving and Data Management 9 675,000$

Chemical Terrorism, Medicinal Marijuana, Biomonitoring 7 700,000$

Inorganics 9 850,000$

Organics 4 1,100,000$

Radiochemistry 6 635,000$

ECLS Office of the Director 2 1,000,000$

Policy Planning and Regulatory Compliance (PP&RC) 7 1,200,000$

Laboratory Outreach 2 785,000$

Quality Assurance 3 285,000$

LIMS 2 130,000$

Public Health Laboratory Services (PHEL) 87 13,600,000$

Specimen Receiving, Data Entry, Central Services 15 660,000$

Microbiology 18 2,700,000$

Biothreat Response Laboratory 7 920,000$

STD 3 620,000$

Virology 12 2,300,000$

Newborn Screening 32 6,400,000$

Adminstration/Fiscal 6 2,900,000$

Total 152 24,500,000$

Test Type 2014 2015 2016 2017 YTD Aug

Microbiology 25,313 23,521 27,289 20,447

BTRL 4,350 2,516 8,358 5,315

Automated Immunoassays 863,373 408,998 70,365 49,652

Virology 27,025 23,892 40,612 23,989

Molecular Detection Services 1,784 2,166 - -

Newborn Screening Program 4,653,569 4,730,643 4,702,484 3,113,685

ECLS 16,586 17,968 27,290 19,149

TOTAL 5,592,000 5,209,703 4,876,398 3,232,237

Number of Test Performed by Public Health and Environmental Laboratory

Testing Programs