NOTICE OF AWARD TEXT
FOR ADMINISTRATIVE, INVESTIGATIVE,
RESERVING, AND ADJUSTMENT SERVICES FOR
AUTOMOBILE LIABILITY CLAIMS
THE STATE OF NEW JERSEY
GENERAL SERVICES ADMINISTRATION
BUREAU OF RISK MANAGEMENT
Text in this Notice of Award is based on RFP 95-X-21616.
1.0 Purpose and Intent
The State is seeking bids for a three (3) year term contract with an
experienced adjusting firm to investigate and settle claims according
to the provisions of the Tort Claims Act. The firm selected must
demonstrate the capability of responding to claimants in a timely
manner, submitting interim claims status reports, and providing data
that is fully compatible with the Bureau of Risk Management's
computerized system.
2.0 Background
Since September 1, 1986, the State of New Jersey has maintained a
self-retention fund to administer approximately 1600 automobile
liability claims per year involving State vehicles. Approximately 86%
of the claims settle between 0-$5,000, with 10% settled between
$5,000-$10,000, 3% between $10,000-$25,000, and 1% settled for over
$25,000. All claims are settled according to the provisions of
N.J.S.A. title 59, the Tort Claims Act, under the authority of the
Attorney General's Office.
Currently, claims are investigated by an independent adjusting firm,
with limited delegated settlement authority, and supervised by the
Bureau of Risk Management (BRM), Department of the Treasury.
3.0 Bidder's Information:
3.1 General:
3.1.1 Section References:
All RFP section cross references within the special terms and
conditions, specifications, attachment text, or price sheets are cross
references within these sections and not to similarly numbered
sections within the Purchase Bureau Standard Terms and Conditions
unless specifically noted.
3.1.2 Precedence of Purchase Bureau Standard Terms and Conditions:
Unless specifically noted, the Purchase Bureau standard terms and
conditions found near the beginning of this RFP take precedence over
any similar terms and conditions located in the special terms and
conditions or specifications sections of this RFP. Unless
specifically noted, special terms and conditions will serve to
supplement but not to supersede the Purchase Bureau standard terms and
conditions.
3.2 Questions and Inquiries:
TEXT DELETED IN NOTICE OF AWARD.
3.3 Revisions to this RFP:
TEXT DELETED IN NOTICE OF AWARD.
3.4 Pre-bid Conference:
No pre-bid conference has been scheduled for this procurement.
3.5 Site Visits:
No optional or mandatory site visits are scheduled for this
procurement.
3.6 Contract Effective Date:
This is a term contract. The anticipated contract effective date
appears on the coversheet to this RFP.
TEXT DELETED IN NOTICE OF AWARD.
3.7 Issuing Office:
This request for proposal is issued by the State Division of Purchase
and Property, Purchase Bureau. The issuing office is the sole point
of contact between bidders and the state for purposes of this RFP.
3.8 Cost Liability:
The State of New Jersey assumes no responsibility and no liability for
costs incurred by vendors prior to issuance of an agreement, contract
or purchase order.
3.9 Contents of Bid Proposal:
The entire contents of every bid response proposal that is publicly
opened and read becomes a public record notwithstanding any disclaimer
by the bidder in the bid response proposal document.
All bid response proposals, being public records, are available for
public review and inspection. Persons who wish to review bid response
proposals must make an appointment with the Purchase Bureau.
Inspection is subject to the rules of the Purchase Bureau.
3.10 Price Alteration:
TEXT DELETED IN NOTICE OF AWARD.
4.0 Definitions:
Addenda - Addenda are written or graphic instruments issued by the
purchase bureau which modify or interpret the request for proposal
(RFP) document(s) by additions, deletions, clarifications, or
corrections.
All inclusive hourly rate - all direct and indirect costs including,
but not limited to: overhead, fee or profit, clerical support, travel
expenses, safety equipment, materials, supplies, managerial support
and all documents, forms, and reproductions thereof. Hourly rates
also include portal to portal expenses. Time spent in traveling to
and from the work site or employee's normal work station should not be
included in any estimates.
Bidder - a person, partnership, firm, corporation or joint venture
submitting a bid response proposal for the purpose of obtaining a
state contract.
Contractor - the bidder awarded a state contract to perform the tasks
required by this RFP.
Director - Director, Division of Purchase and Property, Department of
Treasury. By statutory authority, the contracting officer for the
State of New Jersey.
Evaluation Committee - a committee established to review and evaluate
bid proposals and recommend a contract award.
The committee includes representatives of the using agency and central
purchasing authority. One member may be appointed from another agency
or political subdivision as a disinterested third party.
Formal Date of Award - effective date of contract and work initiation.
5.0 CONTRACT INFORMATION
5.1 Award of Contract
It is the preference of the State to award this project to one (1)
firm. However, the State reserves the option to delete certain
portions of the work effort and award them to (a) firm(s) which
demonstrate unique expertise in these areas.
5.2 Ownership of Material
The State, or its representative, shall have access to contractor's
work papers at reasonable times during the contract period. The
availability of work papers and documentation should be made available
reasonably at the State's request. Ownership of all data, material,
and documentation (excluding work papers) originated and prepared for
the State pursuant to this Request For Proposal shall belong
exclusively to the State.
5.3 Restrictions Against Disclosure
The contractor agrees to keep all information about the State's
deliberations and its financial records, contracts, and sub-grants in
strict confidence.
5.4 Effort Required Beyond the Scope of this Request For Proposal
The contractor should be prepared to support hearings, meetings, and
other activities which may result from this work performed under the
contract resulting from this procurement.
5.5 Special Projects/Additional Work
At the request of the Bureau of Risk Management, the Director,
Division of Purchase and Property, may authorize the contractor(s) to
perform additional activities beyond the scope of the Request For
Proposal. Any such authorization shall be given in writing and is to
be in accordance with the hourly rates of various skill levels
supplied by the firm in it's response proposal.
5.8 Contract Management
The Director, Bureau of Risk Management shall be the sole point of
contact for all matters pertaining to the operation of this contract.
5.9 Commencement of Work
The contractor(s) will commence work within two (2) weeks of contract
award.
5.10 Accounting Records
The contractor(s) is (are) required to maintain records and evidence
pertaining to individuals that worked on the operational/program
audit. These records should be available to the State at reasonable
times during the contract period.
5.11 Subcontracting
The firm(s) selected will not be permitted to sub-contract any work
required as part of this engagement, unless authorized by the State.
Any subcontractor must not have a conflict in providing services to
the BRM, as determined by the State.
At the beginning of the contract period, the contractor shall submit
to the BRM pertinent information pertaining to all in-state
subcontractors that the contractor will use in the course of providing
service to the BRM. The BRM shall review this submission and provide,
at its discretion, authorization for use of these firms throughout the
contract period. This method of operation will eliminate continual
contacting of the BRM regarding the engagement of frequently used
sub-contractors. Subcontractors located out-of-state shall be
referred to the BRM for authorization on a case by case basis.
5.12 Liability - Copyright
The contractor(s) shall hold and save the State of New Jersey and the
BRM, its officers, agents, servants and employees, harmless from
liability of any nature or kind for or on account of the use of any
copyrighted or uncopyrighted composition, secret process, patented or
unpatented invention, article or appliance furnished or used in the
performance of work for this engagement.
5.13 Insurance
The contracting firm(s) shall secure and maintain insurance coverage
to include:
5.13.1 Broad Form Comprehensive General Liability
5.13.2 Premises/Operations
The limits of liability for bodily injury and property damage
shall not be less than $1 million per occurrence as a combined
single limit.
Automobile liability insurance which shall be written to cover
any automobile used by the insured. Limits of liability for
bodily injury and property damage shall not be less than
$1 million per occurrence as a combined single limit.
5.13.3 Worker's Compensation Insurance applicable to the laws of the
State of New Jersey and Employers Liability Insurance with limits of
not less than:
$100,000 Bodily Injury, Each Occurrence
$100,000 Disease Each Employee
$500,000 Disease Aggregate Limit
5.13.4 Errors and Ommissions - Not less than $1 million
5.14 Payment to the Contractor
The contractor will be paid on a per-claim basis, in accordance with
the rate(s) contained in their bid. The contractor will submit a
State invoice (AR 50/54) to the BRM on a monthly basis as the request
for payment. Each invoice must be accompanied with documentation
which details the number of claims handled, and any other information
deemed necessary by the BRM.
6.0 Proposal Preparation and Submission Instructions:
6.1 General:
The bid response proposal is the State's primary vehicle for obtaining
essential information on which contract award decisions are based.
TEXT DELETED IN NOTICE OF AWARD.
6.2 Proposal Delivery and Identification:
TEXT DELETED IN NOTICE OF AWARD.
6.3 Number of Bid Response Proposal Submissions Required:
TEXT DELETED IN NOTICE OF AWARD.
6.4 Proposal Organization and Content:
TEXT DELETED IN NOTICE OF AWARD.
6.5 Organizational support, experience, and qualifications:
TEXT DELETED IN NOTICE OF AWARD.
6.6 Cost Proposal
TEXT DELETED IN NOTICE OF AWARD.
* IMPORTANT NOTE: All "hourly rates" listed are to be all-inclusive,
i.e., they are to include all direct and indirect costs, including,
but not limited to, direct labor costs, overhead, fee or profit,
clerical support, materials, supplies, managerial support and all
documents, forms, and reproductions thereof.
7.0 EVALUATION CRITERIA
TEXT DELETED IN NOTICE OF AWARD.
8.0 SCOPE OF WORK
8.1 Settlement Services to be Performed
8.1.1 The contractor shall provide all administrative, investigative,
reserving, and settlement services arising from claims involving
State-owned vehicles, and designated for handling by the contractor.
All service is to be provided in accordance with the provisions
detailed below.
8.1.2 The contractor shall have settlement authority up to $2,500.00,
but payments of all claims shall be made directly by the State.
8.1.3 The contractor shall be paid the fixed fee per claim, for all
claims processed for settlement, based on the price line for the
appropriate year. The contractor will include all claims processed
for settlement and ready for payment by the State, in the monthly
invoicing.
8.1.4 Any accident or occurrence resulting in ten (10) or more
declared or potential claimants shall be treated as a catastrophe.
The contractor must notify BRM within one working day that the claim
requires special processing as a catastrophe. The contractor must NOT
continue processing catastrophe cases until BRM and the contractor
have agreed, in writing, to claim(s) settlement and contractor
reimbursement conditions.
8.2 Response Times
In providing services, the contractor must meet the following
timeframes:
8.2.1 The adjuster must contact the claimant within two (2) business
days from receipt of a claim.
8.2.2 Call the BRM within twenty-four (24) hours after reaching
settlement with the claimant; and,
8.2.3 Supply the BRM with a confirming letter of settlement, with
signed release, within five (5) business days of settlement.
The State will pay claims within thirty days of receipt of signed
release from the contractor.
8.3 Status Report of Claims
The contractor shall provide the BRM with a status report, at the
following intervals, on all claims being handled by their firm (all
timeframes are to be considered as beginning with the date of claim
submission): 30 days; 60 days; 90 days; 180 days; and, every six
months after the initial six month period.
The contractor shall also submit a status report at the occurrence of
a new development with any given claim.
These reports shall be provided to the BRM in a format mutually agreed
upon by the BRM and the contractor.
8.4 Computer Data Transfer
The contractor shall make all computerized claims data available to
the BRM via modem (minimum standard, 9600 baud, Hayes compatible).
The contractor shall update their computerized claims information on a
daily basis and transmit this updated information to the BRM the
morning of the next business day. This data is to also include
transactional files. A complete list of the data elements required by
the BRM appears in an Attachment to this RFP.
All data shall be presented to the BRM with the State-assigned file
number as the key field.
The BRM utilizes a Digital Equipment Corporation (DEC) 5500 file
server, running Ultrix 4.3 OS and ANSI level, compatible SQL, RBDMS
file system.
The BRM will consider transfer of computer information via magnetic
media, but the timeframes shall be the same as those for transfer via
modem. Should the contractor use magnetic media, the data must be in
a flat file, in ASCII format and on a 9 track tape or 4 mm tape media.
The contractor is responsible for any programming modifications to
their system that may be required to supply the information requested
in the State's required format. No additional charges for
modifications to the contractor's computer system will be allowed by
the State.
8.5 Contractor Personnel
Project Manager
8.5.1 The contractor shall designate a project manager or account
representative who shall be the point of contact between the
contractor and the BRM.
Claims Adjusters
8.5.2 The contractor must provide an ample number of qualified
personnel (as detailed below) to provide claims adjustment services to
ensure quick and efficient response to claimants.
8.5.3 Claims adjusters must have at least two (2) years experience in
bodily injury and property damage claims. This shall include actual
field experience. Adjusters shall also have a working knowledge of
the Tort Claims Act.
8.6 Ancillary Services
The contractor shall bill the BRM separately for all services provided
that are beyond those encompassed in the routine handling of claims.
Services such as expert witnesses and police reports shall be
reimbursed on an "actual cost" basis. The contractor shall be paid
for the cost actually incurred for utilizing these services.
All invoices submitted for any service provided hereunder shall be
accompanied with documentation supporting the charges being billed.
The contractor shall be authorized to spend up to five hundred dollars
($500.00) for such services. Any ancillary service exceeding this
amount must receive the approval of the BRM prior to its being
procured.
The following the ancillary services are not included in the fixed
fees covered by price lines 1, 2 and 3 on the price pages.
Appearance at informal hearing or pretrial conference
Litigation supervision
Subcontracted investigation
Pursuance of subrogation
Rehabilitation/Medical Management services
Safety and loss control services
Structured settlements
8.7 Litigation
The State of New Jersey will notify the contractor directly when a
suit is filed and will advise them of the counsel's name. All summons
and complaints received by the contractor will be forwarded to the
State of New Jersey, Bureau of Risk Management, upon their receipt.
All basic investigation or document gathering in progress is to be
completed by the contractor immediately. The State's Attorney
General's Office will assign counsel of their choice to defend the
State and its employee(s). Other than the above, no further work is
to be done on the file unless counsel requests specific work be
performed and the BRM confirms these instructions.
8.8 Claim Processing Interruption
The State of New Jersey may require the contractor to conclude the
handling of some or all open claims and return all the designated open
files to BRM. The contractor shall be entitled to payment for all
services rendered to that time. The State of New Jersey may require
the contractor to return all open files at the termination of the
contract and the contractor shall be entitled to payment for all
services rendered to that time.
8.9 Contract Expiration
The contractor must continue processing all claims assigned to the
contractor during the term of the contract and any extension
period(s). Claims processing that extends beyond the expiration of
the contract may be assigned for processing and fee payment within the
30 day period following expiration of the contract, but the contractor
must continue processing the claim(s) through settlement.
_________________________________________________________________
|
Purchase & Property: Home | News | Directions | Frequently Asked Questions | Contact DPP