NJ ACSES REENNGEERING PROJECT
NOTICE OF AWARD
THE NEW JERSEY DEPARTMENT OF HUMAN SERVICES
09/17/02
Table of Contents
1.0 INFORMATION FOR BIDDERS
1.1 Purpose and Intent
1.2 Background
2.0 DEFINITIONS
2.1 Definitions
3.0 SCOPE OF WORK
4.0 CONTRACTUAL TERMS AND CONDITIONS
4.1 Precedence of Contractual Terms and Conditions
4.2 Performance Bond
4.3 Foreign (Out of State) Corporation
4.4 Contract Term and Extension Option
4.5 Contract Transition
4.6 Availability of Funds
4.7 Contract Amendment
4.8 Contractor Responsibilities
4.9 Substitution of Staff
4.10 Substitution or Addition of Subcontractor(s)
4.11 Ownership of Material
4.12 Data Confidentiality
4.13 News Releases
4.14 Advertising
4.15 Licenses and Permits
4.16 Claims and Remedies
4.17 Late Delivery and Liquidated Damages
4.18 Retainage
4.19 State's Option to Reduce Scope of Work
4.20 Suspension of Work
4.21 Change in Law
4.22 Additional Work and/or Special Projects
4.23 Form of Compensation and Payment
4.24 Year 2000 Compliance
1.0 INFORMATION FOR BIDDERS
1.1 Purpose and Intent
1.1.1 Purpose
This Notice of Award (NOA) is issued by the Purchase Bureau,
Division of Purchase and Property, Department of the Treasury, on
behalf of the State of New Jersey. The purpose of this contract is to
perform a feasibility study to include proposing and researching
alternative child support computer systems, analyzing each alternative
child support computer system proposed through a detailed cost benefit
analysis, ultimately identifying and recommending the best alternative
child support computer system. The contractor will also be required to
develop an Advanced Planning Document (APD) as well as a Request for
Proposal (RFP) to acquire the best alternative child support computer
system. The intent of this NOA is to award a three- (3) year contract
to that responsible bidder whose bid, conforming to this invitation
for bids, is most advantageous to the State, price and other factors
considered. The tasks described in section 3.1 - 3.7 must be completed
in one year or less.
1.1.2 Year One
In Year One, the Contractor shall produce a federally mandated
assessment that shall recommend the most effective child support
computer system alternative in terms of cost, benefits and risks to
improve functionality, make Year 2000 federal certification compliant
and maintain the improvements to the existing system. This could
include a completely new Child Support System or a combination of
changes and/or additions to the existing system. This assessment must
result in multiple recommended alternatives. These alternatives must
detail: the impact of expected changes on key child support
performance measures; technical solutions for implementation and
conversion; estimated costs from current market analysis; and features
prioritized by degree of benefit to the operations of OCSPP. In
addition, alternatives must be prioritized in terms of availability of
resources necessary to implement alternatives and business, technical
and implementation risks.
Additionally, during Year One the Contractor shall assist in
developing an Advanced Planning Document (APD) for the design and
implementation of the recommended alternative and assist in developing
the Request for Proposal (RFP) based on the Office of Child Support
(OCSPP) recommended alternative. Both the RFP and APD must be
developed in accordance with federal requirements and must receive
federal approval.
1.1.3 Years Two and Three
Year two shall commence upon completion of year one tasks. During Year
Two and Year Three, the Contractor shall act as a project consultant
during the implementation of the alternative or new child support
computer system and will be paid an all inclusive fully loaded hourly
rate for all work performed. This work shall include, but not be
limited to, assisting in evaluation of bid proposals as a non-voting
member of the evaluation committee, assisting the State Project
Manager in review of deliverables, assisting the State Project Manager
in project oversight, assisting the State Project Manager in the
preparation of a detailed conversion plan, and assisting the State
Project Manager in the annual update of the Advanced Planning
document.
1.1.4 Prohibition from Bidding on Subsequent RFP
The Contractor selected for this project is prohibited from submitting
a proposal in response to the RFP for the implementation of the
recommended alternative child support system. This prohibition extends
to being a subcontractor or rendering any assistance to a firm or
individual submitting a proposal for the design and implementation of
the recommended alternative child support system. This prohibition
shall also extend to any affiliate of the contractor.
1.1.5 Child Support Experience
The Contractor selected for this project has experience in
preparing and developing a Cost Benefit Analysis and Implementation
Advanced Planning Document (IADP) in accordance with federal Title
IV-D requirements. In addition, program experience within the last
five years is represented among the staff assigned to the
project.
1.2 Background
The Child Support and Paternity Program was established in 1975 as
Part D of Title IV of the Social Security Act. The purpose of the
program is to locate non-custodial parents, establish paternity for
children born out of wedlock, and obtain and enforce child and medical
support orders.
In New Jersey, the Program is State supervised and locally
administered. The Division of Family Development, Office of Child
Support and Paternity Programs serves as the State IV-D agency
responsible for the overall administration of the program and has a
cooperative agreement with the Administrative Office of the Courts
(AOC) for assistance in the enforcement of child support orders. The
Office of Child Support and Paternity Programs directly manages
certain services such as the State Parent Locator Service, the tax
refund and unemployment benefit offset programs, and
monitoring/assessment studies of all local IV-D offices. The
Administrative Office of the Courts maintains the Central Registry for
the receipt of all incoming interstate complaints and maintains and
reconciles accounts related to support payments.
County welfare agencies are responsible for providing assistance to
all eligible applicants in the location of non-custodial parents, in
the establishment of paternity, and in obtaining a court order for
child and medical support. Pursuant to the cooperative agreement with
the AOC, the Family Divisions are responsible for scheduling cases for
court and providing notice of all hearings. The probation divisions in
each county venue are responsible for the enforcement of these orders,
the collection of payments, adjustments to accounts and reconciliation
of accounts. Payments are processed by Tier Technologies, a vendor
under contract with the State.
In 1987, New Jersey began its conversion to a central computer system
to which all county welfare agencies, Family Divisions and probation
divisions have access. The system is known as the Automated Child
Support Enforcement System or ACSES. All twenty-one counties became
"live" in February of 1989. The federal Office of Child Support
conditionally certified the system in March 1998.
Current IT Environment
ACSES operates on a Bull Jupiter II (DPS 9000/755-2) mainframe. It is
a centralized system with a hierarchical database of sixty-five
database areas (twenty-five of which are real time updateable), 126
record types, over 750 COBOL batch programs and approximately 200
on-line screens. The 63 local offices using PC's running terminal
emulation and a GUI screen scraping application are connected to the
mainframe through a TCP-IP wide area network.
The State of New Jersey, Department of Human Services operates a wide
area network (WAN) that is a major subset of the Garden State Network.
It serves all Departments of Human Services, county welfare staff
throughout the state, probation officers, municipalities, and
child-care agencies, in addition to those agencies participating in
the One Ease E Link initiative.
The Department of Human Services network consists of over 200 local
area networks (LANs) statewide connected to a Departmental WAN. There
are over 15,000 PC's and 250 file servers on the WAN in addition to
Bull and IBM mainframe and Unix mission critical servers.
Each LAN is comprised of multiple segments serving single buildings
and campuses Individual sites are connected to the WAN by point to
point frame relay communication line running from 56 kbs to TI speeds.
County frame relay circuits are consolidated into ATM circuits within
each LATA. The ATM circuits are connected to the OIT State Network
and the DHS WAN.
Each LAN has one or more network servers running Banyon Vines Street
Talk Operating system on a Unix kernell or Banyon Vines Street Talk on
Windows NT. In addition, NTservers acting as application servers are
running Oracle and MS SQL Server.
The federal government in March 1998 conditionally certified New
Jersey's Automated Child Support Enforcement System (ACSES). ACSES
maintains case records and accounts information on more that 360,000
active cases and account records on approximately 280,000-child
support orders. It allows the State to conduct automated matches with
numerous data sources and it automatically generates income
withholding notices, driver's licenses suspension notices and numerous
other notices to custodial parents, non-custodial parents and
employers without the requirement of a caseworker intervention.
In addition, ACSES accommodates centralized payment processing and
performs crediting and distribution of payments which meet federal
standards. ACSES electronically interfaces with the Department of
Labor for UI and wage information, State Payroll for garnishment
information, and the Division of Taxation for interception of Lottery
Winnings and State Tax Offset. ACSES also interfaces with several
federal databases including IRS, National Directory of New Hires,
Federal Case Registry, CSENet and with state vendors for EFT, State
Directory of New Hires, payment processing and Financial Institution
Data Match.
Within the next six months, the State must decide what actions it will
take to ensure that it has a child support computer system that will
assist the State to:
1. Increase the current ratio of staff to cases, to meet or exceed
the following performance standards:
a. 80% of cases with orders
b. collecting 80% of current support due
c. collecting on 80% of cases with arrears
d. a ratio of dollars collected to dollars expended on an annual
basis of 5 to 1.
2. Build on a system application and database architecture that will
be able to function and be maintained at least through 2010.
3. Offer data entry and inquiry screens that can be easily read with
minimal codes, understood by child support workers and all other end
users, and support a logical workflow screen sequence.
4. Not place excessive system management requirements on local child
support staff.
5. Exchange information with other computer systems within the state
and federal government.
6. Build a system at the best cost/benefit ratio for the state.
It is the intent of the Office of Child Support (OCSPP) to use this
planning phase of a new systems development effort to provide
realistic schedules and cost estimates.
The planning phase must include the development of a feasibility study
which will include an analysis of alternatives study, cost/benefit
analysis and detailed implementation plans, including an
Implementation Advanced Planning Document (APD) and RFP for the new
system.
An immediate concern for the OCSPP is the development of initial
improvements that are not dependent on the full completion of the
project. Examples of these improvements that could result in time
and cost savings and/or productivity improvements may include but are
not limited to:
-ACSES/FACTS interface;
-More accurate and accessible performance data;
-More accurate financial management process that significantly reduces
the need to have complex manual reconciliation and payment resolution
processes;
-Local real time processing of notices and forms, eliminating
data entry redundancy; and
-Use of a graphic user interface.
1.3 Key Events
-Project Plan and Schedule: identifies milestones and subtasks of the
project with scheduled completion dates and resources.
-Baseline Requirements Document: encapsulates the strategic
objectives, business requirements, technical requirements, and federal
and state government requirements of the new system.
-Evaluation Criteria Matrix: an evaluation of each alternative against
the Baseline Requirements and rating of each alternative to fulfill
each requirement. A matrix shall be completed for each alternative,
including status quo.
- Implementation APD: the implementation APD is a comprehensive and
thorough document setting forth specific detailed information and
summarizes or provides key documents prepared during the planning
phase.
- Implementation RFP: the RFP is a comprehensive document detailing
the services being sought through competitive procurement.
- Federal Approval of Implementation APD and RFP: approval from the
U.S. Department of Health and Human Services, Administration for
Children and Families for federal funding to implement the new child
support system.
2.0 DEFINITIONS
2.1 Definitions
The following definitions shall be part of any contract awarded or
order placed as a result of this RFP:
ACF - The administrator for Children and Families with the U.S.
Department of Health and Human Services.
Addendum - Written clarification or revision to this RFP issued by the
Purchase Bureau.
Amendment - A change in the scope of work to be performed by the
Contractor. An amendment is not effective until it is signed by the
Director, Division of Purchase and Property.
Bidder - An individual or business entity submitting a bid in response
to this RFP.
Contract - This RFP, any addendum to this RFP, and the bidder's
proposal submitted in response to this RFP and the Division's Notice
of Acceptance .
Contractor - The Contractor is the bidder awarded a contract.
DFD - The State of New Jersey, Division of Family Development,
Department of Human Services.
DHHS - The Federal Department of Health and Human Services.
Director - Director, Division of Purchase and Property, Department of
Treasury. By statutory authority, the Director is the chief
contracting officer for the State of New Jersey.
Division - The Division of Purchase and Property.
Evaluation Committee - A committee established by the Director to
review and evaluate bid proposals submitted in response to this RFP
and to recommend a contract award to the Director.
May - Denotes that which is permissible, not mandatory.
OCSE - The Federal Office of Child Support Enforcement.
OCSPP - The Office of Child Support and Paternity Programs
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 proposals to meet the
purchase needs of Using Agencies as identified herein.
Shall or Must - Denotes that which is a mandatory requirement. Failure
to meet a mandatory requirement will result in the rejection of a bid
proposal as materially non-responsive.
Should - Denotes that which is recommended, not mandatory.
State Contract Manager - The individual responsible for the approval
of all deliverables, i.e., tasks, sub-tasks or other work elements in
the Scope of Work.
Subtasks - Detailed activities that comprise the actual performance of
a task.
State - State of New Jersey.
Task - A discrete unit of work to be performed.
Using Agency or Agency - The entity for which the Division has issued
this RFP and will enter into a contract.
3.0 SCOPE OF WORK
3.1 Contractor Responsibilities - Year One
3.1.1 Within one month of the contract award date the Contractor
shall submit a detailed project work plan and schedule in software
compatible with that used by the OCSPP. The Contractor shall maintain
an up-to-date project work plan and schedule throughout the duration
of the project and provide the State with weekly updates.
The State shall arrange for Contractor access to necessary documents
and personnel.
3.1.2 The Contractor shall manage its own project staff throughout
the project; shall ensure adequate resources are available for the
project tasks; and shall review progress to schedule.
The Contractor shall meet with the State project management team
biweekly to report on the progress of the project. The project shall
be evaluated as a completed percentage of each deliverable. The
project schedule shall be updated as necessary. Resources and effort
available and expended shall be reported. Any significant problems
shall be reported.
3.1.3 The Contractor shall review existing system documentation,
review State requirements, review Federal requirements and meet with
State and county child support personnel to identify the baseline
functional and technical requirements for which the Contractor shall
assess development alternatives. The Contractor shall produce a
Baseline Requirements Document, acceptable to the State project
management, which shall set forth the strategic objectives, business
requirements, technical requirements and government requirements of
the future child support system.
3.1.4 The Contractor and the State shall identify an existing
certified State CSE system capable of meeting the baseline
requirements as a transfer candidate. This may require travel to
candidate States for system evaluation and access to transfer State
documents and personnel. The Contractor shall also identify for
evaluation distinct technical architectures for a new system that is
capable of meeting the baseline requirements.
The Contractor must, at a minimum, address comprehensively the
following alternatives for evaluation:
-Status Quo
-Transfer Existing Certified State System
-Upgrade Existing System
-New System - (mainframe. Distributed, client-server etc.)
-Hybrid System - (Combination of existing systems)
3.1.5 The Contractor shall establish evaluation criteria for the
Alternatives Analysis that is acceptable to the State project
management team. The evaluation criteria shall include: factors to be
used in the evaluation, the weighting of the factors, and the
evaluation methodology that shall be used to evaluate the system
alternatives. The factors to be considered shall include: conformance
to Baseline Requirements, conversion requirements, conversion cost,
development cost, maintenance cost, maintenance ease, ease of use,
ease of operation, training requirements, Federal certifiability,
capacity and growth, response times, vendor support and any other
relevant considerations.
3.1.6 The Contractor shall research each of the alternatives
identified. The evaluation framework shall be used to guide data
collection and analysis for each of the alternatives. The analysis
shall include, for each proposed alternative, an evaluation of the
functional and application architecture, database architecture,
network architecture and potential hardware and software vendors. The
implications of each alternative for data conversion, training,
maintenance and operation shall be researched.
The Contractor shall evaluate each alternative against the Baseline
Requirements and rate the ability of the alternative to fulfill
each requirement.
An Evaluation Criteria Matrix shall be completed for each alternative,
including status quo. For the transfer alternative, this shall
require travel to candidate States for system evaluation and access to
documents and personnel from the State using the alternative system.
3.1.7 The Contractor shall rank the alternatives using the criteria
defined in the Evaluation Methodology. The risks of each alternative
shall be evaluated. The impact of each alternative on the current
program facilities, organization and operation shall be evaluated. At
least two and no more that four alternatives that are most likely to
achieve system objectives effectively and economically shall be
selected for cost-benefit analysis.
3.1.8 The Contractor must conform to guidelines published by the
U.S. Department of Health and Human Services, Administration for Child
and Families (ACF) regarding system certification, ADP requirements
and Cost Benefit Analysis, and any subsequent updates issued prior to
termination of the contract resulting from this RFP. Final acceptance
of deliverables shall be contingent upon Federal review and approval.
3.2 Cost Benefit Analysis - Year One Responsibilities
3.2.1 The Contractor shall develop a Cost/Benefit Analysis of the
alternatives systems selected by the Alternatives Analysis. A
Cost/Benefit Analysis is a detailed evaluation of the costs and
benefits of each alternative identified during the alternatives
analysis. A Cost Benefit Analysis must also be constructed of the
Status Quo that includes costs of current and projected operations of
the current system. This will then serve as a baseline for (1)
determining which alternative to select for automation and (2)
measuring costs and benefits of the implemented and operational system
over time.
3.2.2 The Contractor and the State will jointly determine the
operational costs of the current ACSES for the status quo alternative.
Costs for the current system are expressed in terms of total system
operational costs, including State costs projected over the systems
life in accordance with the approved State plan and previously
approved APDs. The State and the Contractor shall measure current
costs and project anticipated costs over a period of time matching the
systems life of the project. Annual costs shall be identified, totaled
and discounted for present value to create a Status Quo Cost Profile.
3.2.3 The Contractor shall determine total systems life costs,
including State costs, for each alternative of the two to four viable
in the Feasibility Study's alternative analysis. Recurring and
non-recurring costs shall be calculated separately for both the system
mdevelopmental and operational stages. Development costs for all
alternatives shall be estimated using the same defined software
estimation methodology. Non-recurring cost categories shall include
facilities, equipment, software purchase, shipping, installation,
conversion, personnel, procurement training etc. Recurring costs shall
include facilities, equipment software lease/maintenance, personnel,
support services, travel, training, supplies, overhead, etc. For each
alternative approach, annual costs shall be identified, totaled and
discounted for present value to create a System Life Cost Profile.
3.2.4 The State and the Contractor shall jointly identify benefits
that apply to the status quo and each feasible alternative over the
systems life. This shall include both qualitative and quantitative
benefits.
Benefits should relate directly to the system objectives defined in
the Feasibility Study such as:
-Increased Collections,
-Increased Performance,
-Reduced Costs,
-Improved Security,
-Improved Processing, and
-Improved Access and Interfaces
Also to be included in the evaluaiton are identifilcation of
improvements that are not dependent on the full completion of the
project. Examples of these improvements that could result in time
and cost savings and/or productivity improvements may include but are
not limited to:
-ACSES/FACTS interface;
-More accurate and accessible performance data;
-More accurate financial management process that significantly reduces
the need to have complex manual reconciliation and payment resolution
processes;
-Local real time processing of notices and forms, eliminating
data entry redundancy; and
-Use of a graphic user interface.
The Contractor shall quantify quantifiable benefits using the same
estimation techniques for all alternatives. For status quo and for
each alternative approach, annual benefits shall be identified,
totaled and discounted for present value to create a System Life
Benefit Profile.
3.2.5 The Contractor shall calculate cumulative costs and benefits
for each alternative and the status quo (see sections 3.2.1- 3.2.3).
The Contractor shall develop a Cost/Benefit Profile for each
alternative and the status quo using cumulative costs, the System Life
Benefit Profile, the System Life Cost Profile and the qualitative
benefits. The Cost/Benefit Profiles for each alternative shall be
combined to form a Cost/Benefit report that shall contain, for each
alternative and the status quo, the Net Benefit or Net Cost, the
Benefit/Cost ratio and the breakeven or pay back date.
3.2.6 The Contractor must conform to guidelines published by the
Department of Health and Human Services, Administration for Child and
Families (ACF) and any subsequent updates issued prior to termination
of this contract. Acceptance of deliverables shall be contingent upon
review and approval by appropriate State and Federal staff.
3.2.7 Support of Federal Reviews
The Contractor shall support State presentations to Federal reviews on
the process, methodologies, activities and construction of the
feasibility study, Alternatives and Cost Benefit Analysis. Such
presentation normally require two (2) days to provide detailed
briefing to Federal staff and to present relevant Contractor staff for
interviews. This Federal review is an Independent Verification and
Validation (IV&V) Review of the Feasibility Study, Alternatives and
Cost Benefit Analysis. Successful resolution and acceptance by Federal
IV&V is necessary for Federal approval of subsequent phases of the
project. The Contractor shall also provide any written response
requested by Federal staff on any issues or questions raised in
response to the submittal of the Implementation APD or RFP.
3.3 Implementation APD - Year One Responsibilities
3.3.1 Once a determination is made by the State as to the
alternative selected, the Contractor shall develop an Implementation
Advanced Planning Document (APD) for the re-engineering of the New
Jersey Automated Child Support Enforcement System. The APD must
conform to federal requirements described in 45 CFR 95.605, the State
Systems APD Guide published September 1996 and the Addendum to State
Systems APD Guide for Child Support Enforcement Systems (March 1999)
and any subsequent updates. Acceptance of this deliverable shall be
contingent upon review and approval by appropriate State and Federal
staff
The Implementation APD is a written plan of action used by the State
to request Federal Financial Participation (FFP) in the costs of
design, developing and implementing the system. The Implementation
APD is a comprehensive and thorough document that sets forth
specific detailed information and summarizes or provides key
documents prepared during the Planning Phase. The detail in the
Implementation APD should be commensurate with the complexity and
scope of the ACSES re-engineering effort.
3.3.2 The Contractor shall meet with New Jersey's ACSES project
management and personnel to determine the current system environment
and new system needs, objectives and anticipated benefits. The
Contractor shall develop what shall serve as an executive summary to
the ACSES project for inclusion in Section A of the Implementation
APD.
3.3.3 The Contractor shall develop a summary of the results of the
requirements analysis, feasibility study and alternatives analysis.
The Contractor shall describe the ACSES functional and technical
needs/requirements, including all system interface requirements of
the ACSES project. ACSES currently electronically interfaces with
the Department of Labor, State Payroll, Division of Taxation and
Division of Motor Vehicles. ACSES also interfaces with several Federal
databases including the IRS, National Directory of New hires, Federal
Case Registry, Child Support Enforcement Network (CSENet), and with
the vendors responsible for payment processing, the State Directory of
New Hires, Financial Institution Data Match, Electronic Funds Transfer
(EFT) and Voluntary Acknowledgment of Paternity (POP).
The Contractor shall identify each of the four alternatives analyzed
for the re-engineering of ACSES and the considerations and
conclusions reached regarding each one. The Contractor shall also
identify which alternatives were selected for evaluation of costs and
benefits and provide the rationale for selection of the chosen
alternative. The Contractor shall summarize which State systems were
assessed for possible transfer to New Jersey and the results of the
assessment.
3.3.4 The Contractor shall develop a summary of the results of the
cost/benefit analysis for the re-engineering effort. The summary
shall set forth succinctly the program performance improvements,
projected costs and anticipated benefits that the re-engineering
effort is expected to deliver.
The summary shall address the basis, assumptions, calculations
and measurement plan related to performance, cost and benefits. The
summary shall also include a comparison of alternatives, cost/benefit
profile of the chosen alternative and systems life benefits
spreadsheet for the chosen alternative. In addition, the Contractor
shall enclose a copy of the cost/benefit analysis developed during the
re-engineering planning phase.
3.4 Project Management Plan - Year One Responsibilities
The Contractor shall develop a Project Management Plan (PMP) that
summarizes the ACSES re-engineering project activities, deliverables
and products; organization; State and Contractor resource needs;
and anticipated system life. The Plan shall include the following
sections:
-Section 1 - Nature Scope, Methods, Activities, Schedule and
Deliverables
-Section 2 - Project Organization and Personnel Resources
-Section 3 - State and Contractor Resource Needs
-Section 4 - System Life.
3.4.1 The Contractor shall in Section 1 of the PMP, describe in
narrative and graphics how and when the ACSES re-engineering project
activities shall be conducted and shall set forth the resulting
project documentation and implementation Contractor deliverables.
To support timely review by ACF, this section shall provide a workflow
(Gantt) chart addressing ACSES re-engineering project activities,
documentation, and implementation Contractor deliverables.
Relationships between activities --- sequential provisions included to
check progress.
As defined in the Addendum to State Systems APD Guide (March 1999), in
order to receive Federal funding, States must include in their APD
submission a detailed estimated Project Schedule. The Contractor, in
the narrative part of Implementation APD Project Schedule, shall
describe each module or significant task, and establish milestones for
the beginning and/or ending of modules or tasks within modules.
Critical milestones, are those milestones that, if not met, would
seriously jeopardize the State's ability to meet program timeframes,
and must be identified in the Project Schedule. The project status,
with respect to each of these critical milestones, must be part of the
Project Schedule narrative. A sample Project Schedule is provided in
Exhibit 1 on page 16 of the Addendum to State Systems APD Guide (March
1999).
The Contractor shall also describe how and when Contractor services to
support the ACSES re-engineering project follow-on Implementation
Phase activities shall be an acquired. Specifically, the Contractor
shall meet with the ACSES project management to establish New
Jersey's overall strategy --- the number of Contractors, the products
and services they will provide (such as hardware, software, quality
assurance, and IV&V), and their relationships to each other and to the
State of New Jersey.
3.4.2 The Contractor, in conjunction with ACSES project management,
shall in Section 2 describe the State's ACSES re-engineering project
organization overview in terms of staff, responsibility, and
relationships. The project organization, shown by organization
chart shall:
-Identify the ACSES re-engineering project manager and other key staff
by name and title;
-Identify the relationship of the ACSES re-engineering project team to
the project steering committee (if applicable); and
-Identify interrelationships with user groups and Contractors.
3.4.3 In Section 3, the Contractor shall succinctly describe in
narrative form the resource requirements for which the State of New
Jersey is requesting Federal funding support. These needs may relate
to State and Contractor staff costs, computer time, hardware and
commercially available software, depreciation, travel, space,
supplies, telephones, photocopying, office equipment, furniture, and
so forth. This information shall serve as a narrative explanation of
the ACSES re-engineering project budget (which is required to be
addressed in Section E of the Implementation APD).
3.4.4 In Section 4, the Contractor shall describe the anticipated
system life for the required resources, inclusive of the Planning,
Implementation, and Operational Phases.
3.5 Proposed Budget - Year One Responsibilities
The Contractor shall meet with ACSES project management to acquire the
necessary data to develop the State's proposed budget for the ACSES
re-engineering effort. The proposed budget, summarized in the
Implementation APD, shall consider all costs for ACSES re-engineering
Implementation Phase activities. This should include (but not be
limited to) system software and data conversion, software development,
computer capacity planning, implementation Contractor costs, IV&V
Contractor costs, supplies, training, maintenance, and operations.
Miscellaneous ADP expenses should also be identified and included.
The developed ACSES re-engineering project budget shall detail
estimated expenditures by category, with cost projections summarized
annually and totaled for the project. Budget data may be broken down
by task (or phase) and category, if deemed necessary.
The narrative of the Implementation APD shall provide the summary
information by year and project total for implementation costs.
Detailed breakouts by category shall be included in the Implementation
APD. A sample budget format is shown in Exhibit 2 on page 17 of the
Addendum to State Systems APD Guide (March 1996).
3.6 Prospective Cost Allocation - Year One Responsibilities
The Contractor shall, in conjunction with ACSES project management,
develop and describe the prospective cost allocation plan for the
ACSES re-engineering effort, including procedures to identify,
record, allocate, and report direct and indirect costs, partially and
fully attributable to the system project. The Contractor shall also
set forth New Jersey's methodology for cost distribution (such as
cost pools) and how the State will fund its portion of the costs of
implementing the ACSES re-engineering system. A sample cost allocation
plan format is shown in Exhibit III-3 on page III-9 of the State
Systems APD Guide (September 1996).
3.7 Request For Proposal - Year One Responsibilities
The Contractor shall also develop a Request For Proposal (RFP) to
procure the services of an outside vendor for the implementation of
the new ACSES. The RFP may be a request for the full services of the
project or for parts of the project. The State will determine the
scope of the RFP once the alternative analysis is completed. The RFP
must be developed in accordance with ACF requirements and the New
Jersey Department of Treasury requirements. State and Contractor staff
shall jointly define assumptions about and constraints on the program
and its future development. The Contractor and the State shall
jointly create a description of the current system and its
environment including all technical constraints and problems.
3.8 Project Consultant Responsibilities - Year Two and Three
Responsibilities
Upon the award of the contract resulting from this RFP, the Contractor
shall be responsible for the following during the implementation
phase:
3.8.1 Assist the State Project Manager in the organizing and directing
of activities for the design, development and implementation of the
new automated child support system.
3.8.2 Assist the State Project Manager in interviewing and consulting
with user representatives in order to define their needs. Assists the
State Project Manager in defining functional requirements and
technical evaluations on applied systems.
3.8.3 Assist the State Project Manager in providing technical
assistance advice and assistance to supervisors to ensure proper
interfacing of major systems and subsystems.
3.8.4 Assist the State Project Manager in consulting with staff from
appropriate units to ensure development of documentary controls to
avoid misinterpretations and poorly defined requirements.
3.8.5 Assist the State Project Manager in supervising the preparation
of detailed conversion and post-conversion evaluations including
description of support given evaluation of adequacy, statement of
documentation level, and comparison of planned versus actual cost
performance.
3.8.6 Assist the State Project Manager in the development of the
Advanced Planning Document that is required to be submitted annually.
3.0 CONTRACTUAL TERMS AND CONDITIONS
3.1 Precedence of Contractual Terms and Conditions
The contract shall consist of this RFP, addendum to this RFP, the
Contractor's bid proposal and the Division's Notice of Acceptance.
Unless specifically noted within this RFP, the Standard Terms and
Conditions take precedence over the Special Terms and Conditions.
In the event of a conflict between the provisions of this RFP,
including the Standard Terms and Conditions and the Special Terms and
Conditions, and any addendum to the RFP, the addendum shall govern.
In the event of a conflict between the provisions of this RFP,
including any addendum to this RFP, and the bidder's proposal, the RFP
and/or the addendum shall govern.
3.2 Performance Bond
There is no performance security required for this procurement.
3.3 Foreign (Out of State) Corporations
All foreign corporations receiving a notice of contract award shall be
afforded seven (7) days thereafter to register with the Division of
Revenue.
3.4 Contract Term and Extension Option
The term of the contract shall be for a period of three (3) years. The
anticipated "Contract Effective Date" is provided on the cover sheet
of this RFP. If delays in the bid process result in an adjustment of
the anticipated Contract Effective Date, the bidder agrees to accept a
contract for the full term of the contract. The contract may be
extended for two (2) additional years. Each contract extension may be
for one (1) year but the aggregate period cannot exceed two (2) year.
Further, the contract extensions shall only be for the purpose of
project consultant work as described in Section 3.8 of this RFP. This
is done by mutual written consent of the Contractor and the Director,
Division of Purchase and Property. Payment to the contractor during
any extension period shall be at the hourly all inclusive fully loaded
rate for consulting services for year three.
3.5 Contract Transition
In the event services end by either contract expiration or
termination, it shall be incumbent upon the Contractor to continue
services, if requested by the Director, until new services can be
completely operational. The Contractor acknowledges its responsibility
to cooperate fully with the replacement Contractor and the State to
ensure a smooth and timely transition to the replacement Contractor.
Such transitional period shall not extend more than ninety (90) days
beyond the expiration date of the contract, or any extension thereof.
The Contractor will be reimbursed for services during the transitional
period at the rate in effect when the transitional period clause is
invoked by the State.
3.6 Availability of Funds
The State's obligation to pay the Contractor is contingent upon the
availability of appropriated funds from which payment for contract
purposes can be made. No legal liability on the part of the State for
payment of any money shall arise unless funds are made available each
fiscal year to the Using Agency by the Legislature.
3.7 Contract Amendment
Any changes or modifications to the terms of the contract shall only
be valid when they have been reduced to writing and executed by the
Contractor and the Director.
3.8 Contractor Responsibilities
The Contractor shall have sole responsibility for the complete effort
specified in the contract. Payment will be made only to the
Contractor. The Contractor shall have sole responsibility for all
payments due any subcontractor.
The Contractor is responsible for the professional quality, technical
accuracy and timely completion and submission of all deliverables,
services or commodities required to be provided under the contract.
The Contractor shall, without additional compensation, correct or
revise any errors, omissions, or other deficiencies in its
deliverables and other services. The approval of deliverables
furnished under this contract shall not in any way relieve the
Contractor of responsibility for the technical adequacy of its work.
The review, approval, acceptance or payment for any of the services
shall not be construed as a waiver of any rights that the State may
have arising out of the Contractor's performance of this contract.
3.9 Substitution of Staff
If it becomes necessary for the Contractor to substitute any
management, supervisory or key personnel, the Contractor will identify
the substitute personnel and the work to be performed.
The Contractor must provide detailed justification documenting the
necessity for the substitution. Resumes must be submitted evidencing
that the individual(s) proposed as substitution(s) have qualifications
and experience equal to or better than the individual(s) originally
proposed or currently assigned.
The Contractor shall forward a request to substitute staff to the
State's Contract Manager for consideration and approval. No substitute
personnel are authorized to begin work until the Contractor has
received written approval to proceed from the State Contract Manager.
3.10 Substitution or Addition of Subcontractor(s)
This Subsection serves to supplement but not to supersede Section 3.11
of the Standard Terms and Conditions of this RFP.
If it becomes necessary for the Contractor to substitute and/or add a
subcontractor, the Contractor will identify the proposed new
subcontractor and the work to be performed. The Contractor must
provide detailed justification documenting the necessity for the
substitution or addition.
The Contractor must provide detailed resumes of the proposed
subcontractor's management, supervisory and other key personnel that
demonstrate knowledge, ability and experience relevant to that part of
the work that the subcontractor is to undertake.
In the event a subcontractor is proposed as a substitution, the
proposed subcontractor must equal or exceed the qualifications and
experience of the subcontractor being replaced. In the event the
subcontractor is proposed as an addition, the proposed subcontractor's
qualifications and experience must equal or exceed that of similar
personnel proposed by the Contractor in its bid proposal.
The Contractor shall forward a written request to substitute or add a
subcontractor to the State Contract Manager for consideration. If the
State Contract Manager approves the request, the State Contract
Manager will forward the request to the Director for final approval.
No substituted or additional subcontractors are authorized to begin
work until the Contractor has received written approval from the
Director.
3.11 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.
3.12 Data Confidentiality
All financial, statistical, personnel and/or technical data supplied
by the State to the Contractor are confidential. The Contractor is
required to use reasonable care to protect the confidentiality of such
data. Any use, sale or offering of this data in any form by the
Contractor, or any individual or entity in the Contractor's charge or
employ, will be considered a violation of this contract and may result
in contract termination and the Contractor's suspension or debarment
from State contracting. In addition, such conduct may be reported to
the State Attorney General for possible criminal prosecution.
3.13 News Releases
The Contractor is not permitted to issue news releases pertaining to
any aspect of the services being provided under this contract without
the prior written consent of the Director.
3.14 Advertising
The Contractor shall not use the State's name, logos, images, or any
data or results arising from this contract as a part of any commercial
advertising without first obtaining the prior written consent of the
Director.
3.15 Licenses and Permits
The Contractor shall obtain and maintain in full force and effect all
required licenses, permits, and authorizations necessary to perform
this contract. The Contractor shall supply the State's Contract
Manager with evidence of all such licenses, permits and
authorizations. This evidence shall be submitted subsequent to the
contract award. All costs associated with any such licenses, permits
and authorizations must be considered by the bidder in its bid
proposal.
3.16 Claims and Remedies
3.16.1 Claims
The following shall govern claims made by the Contractor regarding
contract award decision, contract interpretation, Contractor
performance and/or suspension or termination.
Final decisions concerning all disputes relating to contract award
decision, contract interpretation, Contractor performance and/or
contract reduction, suspension or termination are to be made in a
manner consistent with N.J.A.C. 17:12-1.1, et seq. The Director's
final decision shall be deemed a final agency action reviewable by the
Superior Court of New Jersey, Appellate Division.
All claims asserted against the State by the Contractor shall be
subject to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq.,
and/or the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1, et
seq. However, any claim against the State relating to a final decision
by the Director regarding contract award decision, contract
interpretation, Contractor performance and/or contract reduction,
suspension or termination shall not accrue, and the time period for
performing any act required by N.J.S.A. 59:8-8 or 59:13-5 shall not
commence, until a decision is rendered by the Superior Court of New
Jersey, Appellate Division (or by the Supreme Court of New Jersey, if
appealed) that such final decision by the Director was improper.
3.16.2 Remedies
Nothing in the contract shall be construed to be a waiver by the State
of any warranty, expressed or implied, or any remedy at law or equity,
except as specifically and expressly stated in a writing executed by
the Director.
3.17 Late Delivery
The Contractor must immediately advise the State Contract Manager of
any circumstance or event that could result in late completion of any
task or subtask called for to be completed on a date certain.
Notification must also be provided to the Director at the address
below:
The State of New Jersey
Director, Division of Purchase and Property
Purchase Bureau
PO Box 230
33 West State St.
Trenton, New Jersey 08625-0230
If the Contractor cannot meet the contract completion date for any
task or subtask required to be completed by a date certain, the
Contractor shall be liable to the State for all damages resulting
therefrom.
3.18 Retainage
The amount of retainage is noted on the RFP cover sheet. The Using
Agency shall retain the stated percentage of each invoice submitted.
At the end of each three (3) month period, the Using Agency shall
review the Contractor's performance. If performance has been
satisfactory, the Using Agency shall release 90% of the retainage for
the preceding three-(3) month period. Following certification by the
State Contract Manager that all services have been satisfactorily
performed, the balance of the retainage shall be released to the
Contractor. The retainage for this procurement is 10%.
3.19 State's Option to Reduce Scope of Work
The State has the option, in its sole discretion, to reduce the scope
of work for any task or subtask called for under this contract. In
such an event, the Director shall provide advance written notice to
the Contractor.
Upon receipt of such written notice, the Contractor will submit,
within five (5) working days to the Director and the State Project
Manager, an itemization of the work effort already completed by task
or subtask. The Contractor shall be compensated for such work effort
according to the applicable portions of its cost proposal.
3.20 Suspension of Work
The State Contract Manager may, for valid reason, issue a stop order
directing the Contractor to suspend work under the contract for a
specific time. The Contractor shall be paid until the effective date
of the stop order. The Contractor shall resume work upon the date
specified in the stop order, or upon such other date as the State
Contract Manager may thereafter direct in writing. The period of
suspension shall be deemed added to the Contractor's approved schedule
of performance. The Director and the Contractor shall negotiate an
equitable adjustment, if any, to the contract price.
3.21 Change in Law
Whenever an unforeseen change in applicable law or regulation affects
the services that are the subject of this contract, the Contractor
shall advise the State Contract Manager and the Director in writing
and include in such written transmittal any estimated increase or
decrease in the cost of its performance of the services as a result of
such change in law or regulation. The Director and the Contractor
shall negotiate an equitable adjustment, if any, to the contract
price.
3.22 Additional Work and/or Special Projects
Not applicable to this procurement.
3.23 Form of Compensation and Payment
This Section supplements Section 4.5 of the RFP'S Standard Terms and
Conditions. The Contractor must submit official State invoice forms to
the Using Agency with supporting documentation evidencing that work
for which payment is sought has been satisfactorily completed.
Invoices must reference the tasks or subtasks detailed in the Scope of
Work section of the RFP and must be in strict accordance with the
firm, fixed prices submitted for each task or subtask on the RFP
pricing sheets. When applicable, invoices should reference the
appropriate RFP price sheet line number from the Contractor's bid
proposal. All invoices must be approved by the State Contract Manager
before payment will be authorized.
Invoices must also be submitted for any special projects, additional
work or other items properly authorized and satisfactorily completed
under the contract. Invoices shall be submitted according to the
payment schedule agreed upon when the work was authorized and
approved. Payment can only be made for work when it has received all
required written approvals and has been satisfactorily completed.
For the APD and RFP deliverables, 50% of the amount will be paid upon
approval by the State COntract Mnager and the remainder will be paid
upon approval by the federal funding agency.
3.24 Year 2000 Compliance
The following requirements will be part of all contracts resulting
from the bid proposal submitted in response to this RFP.
3.24.1 Definitions Specific to Year 2000
Date Data - Shall mean any data or input which includes an indication
of or reference to date.
Four Digit Year Format - format that allows entry or processing of
four-digit year date: the first two digits will designate the century
and the second two digits shall designate the year within the century.
As example, 1996 shall mean 96th year of the 20th century.
Leap Year - The year during which an extra day is added in February
(February 29th). Leap Year occurs in all years divisible by 400 or
evenly divisible by 4 and not evenly divisible by 100. For example,
1996 is a Leap Year since it is divisible by 4 and not evenly
divisible by 100. 2000 is Leap Year since it is divisible by 400.
Year 2000 Compliant - The data outside the range of 1990-1999 will be
correctly processed, either on-line or batch processing, in any level
of computer hardware or software including, but not limited to,
microcode, firmware, application programs, files and databases.
Products - Include, but are not limited to, any hardware, software,
firmware, microcode or integrated systems developed, customized,
supplied or supported by the Contractor.
3.24.2 Contractor represents and warrants that all hardware and
software products (Products) and/or integrated data processing systems
which are supplied to the State by the Contractor under this agreement
are designed and intended to be used prior to, during, and after the
calendar year 2000. Contractor further represents and warrants that
all such Products and/or integrated data processing systems
individually and in combination, will operate during each such time
period without error relating to date data, specifically including,
but not limited to any error resulting from, relating to, or the
product of, date data which represents or references different
centuries or more than one century and any errors resulting from or
relating to calculations, processing or sequencing employing date
data. Contractor further represents and warrants that none of the
Products and/or integrated data processing systems uses proprietary
table calculations in resolving year 2000 date data values.
3.24.3 Without limiting the foregoing in any manner, Contractor
further represents and warrants:
3.24.3.1 That the Products and/or integrated data processing systems
will not abnormally end or provide invalid or incorrect results as a
result of date data, specifically including date data which represents
or references different centuries or more than one century.
3.24.3.2 That the Products and/or integrated data processing systems
have been designed to ensure year 2000 compatibility, including, but
not limited to, date data century recognition, calculations which
accommodate same century and multi-century formulas and date values,
date data century display formats and date data interface values that
reflect the century.
3.24.3.3 That the Products and/or integrated data processing systems
include "year 2000 capabilities." For the purpose of this Agreement,
"year 2000 capabilities" means the Products and/or integrated data
processing systems:
3.24.3.4 That the Products and/or integrated data processing systems
will manage and manipulate data involving dates, including single
century formulas and multi-century formulas, and will not cause an
abnormally ending scenario within the application or generate
incorrect values or invalid results involving such dates; and that the
Products and/or integrated data processing systems shall provide that
all date-related data interface functionality, including the
indication of century performance as indicated above.
3.24.3.5 That the Products and/or integrated data processing systems
design and performance adhere to ISO 8601 and FIPS 4-1 standard.
3.24.4 Year 2000 Compliance Performance Warranty
Contractor further warrants and represents that the Products and or
integrated data processing systems are and will continue to be year
2000 compliant. All date processing by the Products will include Four
Digit Year Format and recognize and correctly process dates for Leap
Year and that processing or calculations involving Leap Year will not
result in software, firmware or hardware failure. Additionally, all
date sorting or sequencing by the Products that includes a "year
category" shall be done based on the Four Digit Year Format code.
3.24.5 Year 2000 Warranties
Contractor represents and warrants that:
3.24.5.1 The Products and/or integrated data processing systems will
function without error or interruption related to Date Data,
specifically including errors or interruptions from functions which
may involve Date Data from more than one century;
3.24.5.2 The Products and/or integrated data processing systems
require that all Date Data (whether received from users, systems,
applications, or other sources) include an indication of century in
each instance;
3.24.5.3 All date output and results, in any form, shall include an
indication of century in each instance.
3.24.5.4 Remedies for Non-Compliance of Year 2000 Compliance Warranty
Contractor agrees to pay liquidated damages in the amount of $200.00
per day for each day the Products and/or integrated data processing
systems fail to maintain and uphold the Year 2000 Compliance
Performance
Warranty described.
The foregoing is in addition to the other representations and
warranties set forth herein.
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