NOTIFICATION OF AWARDED TERM CONTRACT
SECOND REFERRAL DEBT COLLECTION DEPARTMENT
OF THE TREASURY DIVISION OF REVENUE (DOR) T-2052
1.0 INFORMATION FOR BIDDERS
1.1 Purpose and Intent
This Request for Proposal (RFP) is issued by the Purchase Bureau,
Division of Purchase and Property, Department of the Treasury, on
behalf of the Division of Revenue (DOR). The purpose of this RFP is
to solicit bid proposals from qualified bidders to provide second
referral debt collection services. The intent of this RFP is to award
one or more second referral debt collection contracts to those
responsible bidders whose bid proposals, conforming to this RFP, are
most advantageous to the State, price and other factors considered.
1.2 General Background Information
The successful bidder(s)will be responsible for recovering monies for
the State. Second referral debts are account receivables in which
collection attempts have previously been made by other collection
agencies under contract with the State. Under the second referral debt
collection contract(s) awarded as a result of this RFP, the DOR may
also transfer or assign bad debt from Hospitals, Colleges,
Universities, Authorities, Counties and Municipalities.
The contractor is required to work vigorously to recover monies. The
State's goal is to maximize its existing revenue sources by increasing
the collection of deficient and delinquent debt.
DOR is responsible for collecting debt for the following: (1) Non-Tax
Debt: Office of the Public Defender, Department of Environmental
Protection, Department of Banking and Insurance (Unsatisfied Claim and
Judgment Fund), Department of Community Affairs, Department of Law and
Public Safety (Division of Consumer Affairs);.(2) Tax Debt: Department
of Treasury (Division of Taxation); and (3)Surcharge Debt: Department
of Transportation (Division of Motor Vehicles). In addition, if other
State agencies have engaged collection vendors, they may choose to
pull uncollected cases and send them through the DOR for collection
under the contract(s) awarded as a result of this second referral debt
RFP.
Non-Tax Debt: DOR uses a centralized data system, Revenue
Delinquent Invoice (RDI) System, which contains the current accounts
receivables and will continue to do so for this Second Referral RFP.
Tax Debt: No tax debt will be assigned for second collection until it
has been through the full collection process utilized by the Division
of Taxation. This includes, but is not limited to, telecollection,
filing of certificates of debt, assignment of field investigations for
lien, levy or seizure action, and possible referral to the Attorney
General's Office. The Division of Taxation uses its systems to
centralize, bill and account for all tax debt owed to the Division of
Taxation. However, for the purposes of this RFP, the RDI System will
be used for the Division of Taxation's second referral debt.
Surcharge Debt: DOR is currently using the primary surcharge
contractor's system for surcharge billing and collections and will
continue to do so for this second referral RFP. The data from this
system will be made available to the vendor awarded the second
referral surcharge debt collection contract through daily "file"
transfers.
DOR is in the process of developing a comprehensive accounts
receivable system that will perform revenue management, accounts
receivable, billing, and revenue accounting functions. This new
system will facilitate the consolidation and management of all debts
transferred to DOR. The RDI System will be downloaded to the new
system when it is ready. A separate subsystem for the surcharge
billing and collection functions will also be handled by this new
system. Until this system is implemented, DOR will be utilizing the
RDI System for the Non-Tax and Tax Debt and the primary surcharge
contractor's system for the Surcharge Debt, to account for all second
referral debt. Thereafter, DOR will be utilizing its new system. It
is anticipated that use of DOR's new system by second referral debt
collection contractors will be relatively seamless. The bidder that
is awarded the second referral debt collection contract must interface
with this system when it is implemented.
1.3 Key Events
1.3.1 Questions and Inquiries
It is the policy of the Purchase Bureau to accept questions and
inquiries from all potential bidders receiving this RFP.
Written questions should be mailed or faxed to the Purchase Bureau to
the attention of the assigned Purchase Bureau buyer at the following
address:
Purchase Bureau
Division of Purchase and Property
State of New Jersey
PO BOX 230
Trenton, New Jersey 08625-0230
Attention: Anthony F. Genovese
Phone: (609) 292-3689
Fax Number: (609) 292-5170
E-Mail: anthony genovese treas.state.nj.us (preferred)
1.3.1.1 Cut-Off Date for Questions and Inquiries
Not applicable to NOA
1.3.1.2 Question Protocol
Not applicable to NOA
1.3.2 Mandatory Pre-Bid Conference
Not applicable to NOA
1.3.3 Document Review Room
Not applicable to NOA
1.4 Additional Information
Not Applicable to NOA
1.4.1 Revisions to this RFP
Not Applicable to NOA
1.4.2 Addendum as a Part of this RFP
Not Applicable to NOA
1.4.3 Issuing Office
This RFP is issued by the Purchase Bureau, Division of Purchase and
Property. The buyer noted in Section 1.3.1 is the sole point of
contact between the bidder and the State for purposes of this RFP.
1.4.4 Bidder Responsibility
The bidder assumes sole responsibility for the complete effort
required in this RFP. No special consideration shall be given after
bids are opened because of a bidder's failure to be knowledgeable of
all the requirements of this RFP. By submitting a bid proposal in
response to this RFP, the bidder represents that it has satisfied
itself, from its own investigation, of all of the requirements of this
RFP.
1.4.5 Cost Liability
The State assumes no responsibility and bears no liability for costs
incurred by bidders in the preparation and submittal of bid proposals
in response to this RFP.
1.4.6 Contents of Bid Proposal
The entire content of every bid proposal will be publicly opened and
becomes a public record. This is the case notwithstanding any
statement to the contrary made by a bidder in its bid proposal.
All bid proposals, as public records, are available for public
inspection. Interested parties can make an appointment to inspect bid
proposals received in response to this RFP with the Purchase Bureau
buyer.
1.4.7 Price Alteration
Bid prices must be typed or written in ink. Any price change
(including "white-outs") must be initialed. Failure to initial price
changes may preclude an award being made to the bidder.
1.4.8 Joint Venture
If a joint venture is submitting a bid proposal, the agreement between
the parties relating to such joint venture should be submitted with
the joint venture's proposal. Authorized signatories from each party
comprising the joint venture must sign the bid proposal. A separate
Ownership Disclosure Form, Affirmative Action Employee Information
Report, MacBride Principles Certification, and business registration
must be supplied for each party to a joint venture.
2.0 DEFINITIONS
2.1 Definitions
The following definitions shall be part of any contract awarded, or
order placed, as a result of this RFP:
Addendum - Written clarification or revision to this RFP issued by the
Purchase Bureau.
Amendment - A change in the scope of work to be performed by the
contractor. An amendment is not effective until it is signed by the
Director, Division of Purchase and Property.
Bidder - An individual or business entity submitting a bid in
response to this RFP.
Contingency Rate - Percent of recovery to be retained by the
successful contractor.
Contract - This RFP, any addendum to this RFP, the bidder's bid
proposal submitted in response to this RFP and the Division's Notice
of Acceptance.
Contractor - The contractor is the bidder awarded a contract.
Director - Director, Division of Purchase and Property, Department of
Treasury. By statutory authority, the Director is the chief
contracting officer for the State of New Jersey.
Division - The Division of Purchase and Property.
Evaluation Committee - A committee established by the Director to
review and evaluate bid proposals submitted in response to this RFP
and to recommend a contract award to the Director.
Formal Date Award - The effective date of the contract and work
initiation.
May - Denotes that which is permissible, not mandatory.
Project - The undertaking or services that are the subject of this
RFP.
Request for Proposal (RFP) - This document which establishes the
bidding and contract requirements and solicits bid proposals to meet
the purchase needs of the Division of Revenue, as identified herein.
Second Referral Debt Collection - Non-tax, Tax and Surcharge
receivables which have been in collections and remain past due for
more than 180 days.
Services - Time, labor, effort, materials, supplies and equipment
necessary to satisfactorily complete the work required by this RFP.
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 non-responsive.
Should - Denotes that which is recommended, not mandatory.
State - State of New Jersey.
State Contract Manager - The DOR employee responsible for the approval
of all deliverables in the Scope of Work.
Subcontractor - An entity that is performing all or part of the
services under this contract under a separate contract with the
contractor.
Using Agency or Agency - The Division of Revenue (DOR)
3.0 SCOPE OF WORK
3.1 Second Referral Debt
This contract involves the collection of Non-tax, Tax and Surcharge
receivables that remain uncollected after referral to the primary
collections contractors.
Non-Tax and Tax Debt: The contractor(s) shall be responsible for
collecting second referral debt and developing and maintaining a
database using data sent from the Revenue Delinquent Invoice (RDI)
System.
Motor Vehicle Surcharge Debt: The contractor shall be responsible for
collecting second referral debt and developing and maintaining a
database using data sent from the primary surcharge collections
contractor.
The amounts of the current receivables are portrayed in ATTACHMENT D.
The caseload background information is related to cases that have
either been reported or assumed past due by State agencies. These
numbers change continuously and are being provided to assist bidders
in preparation of the bid proposals. These numbers reflect
projections only, and therefore, are not guaranteed. DOR shall
transfer accounts to the second referral debt collections
contractor(s) at a rate that is practical and reasonable. After
initial assignment, future cases will be assigned based on the best
return to the State.
3.1.1 Utilizing System Configuration
The contractor shall utilize its own automated system to collect
second referral debt. The system shall group accounts by debtor and
perform other functions that will improve collection of second
referral debt. The State has included the file layouts for the
various systems as outlined in ATTACHMENT A for Non-Tax Debt,
ATTACHMENT B for Tax Debt, and ATTACHMENT C for Surcharge Debt.
3.1.2 Account/Case Information
When possible, the State's account/case information will include the
following information:
1. Name of responsible person or entity
2. Address information
3. Employer information
4. Telephone number
5. Amount owed
6. Other available information
The State will use its best efforts to provide the contractor with
accurate data; however, the State does not warrant or guarantee that
the data provided to the contractor is accurate. In the event that
data is discovered to be inaccurate and the contractor is unable to
obtain accurate data, the contractor shall, depending on the nature of
the problem, notify the State Contract Manager within thirty (30)
days. If the contractor is capable of obtaining more accurate data,
the State Contract Manager is to be notified in order to update the
automated systems utilized by the State with the current information.
3.1.3 Limitations of Data
The State will make every effort to provide the debtor's Social
Security Number to the contractor. In certain instances, Social
Security Numbers provided may not have been verified. In cases where
the debtor's Social Security Number is not available, or, if provided,
is inaccurate, the State will permit the contractor's billing invoice
to request the Social Security Number from the debtor.
The Division of Taxation's data and the Division of Motor Vehicle's
historical data will not be available for use in collection of non-tax
debt.
Debtor address information will be provided for the last address
reported to the State.
The State makes no guarantee about the number of debtors who will pay.
The State estimates that the following percentages of bills currently
mailed for the first collection effort are returned as undeliverable:
Tax Debt:
TGI 6.8%
Business Deficiencies 21.6%
Surcharge Debt:
DUI, Points, and Regulations 44%
Non-Tax Debt:
Office of the Public Defender 30%
Department of Environmental Protection 25%
Unsatisfied Claim and Judgment Fund 58%
Community Affairs 69%
Consumer Affairs 47%
3.2 NON-TAX DEBT, price lines 7-12
Bidders submitting bid proposals for the contract for Non-Tax debt
MUST complete price lines 7-12.
3.2.1 Office of the Public Defender
The Office of the Public Defender is responsible for providing counsel
to indigent defendants in criminal cases. The Office of the Public
Defender tracks all expenses incurred on behalf of the defendant. On
a monthly basis, the Office of the Public Defender electronically
transfers data to DOR for posting to the RDI System. DOR, in turn,
transfers the data to the collection agency in order to bill the
defendant. When the case has been deemed uncollectible, the cases are
then referred to legal counsel for collection. A lien is applied by
the Office of the Public Defender to all accounts with an amount of
$50 or more prior to the case being transferred to the RDI system.
3.2.2 Department of Environmental Protection
The Department of Environmental Protection's (DEP) receivables are
fines and penalties, or the non-payment of fees for permits relating
to the two DEP programs detailed below. After a fine or penalty is
assessed, DEP completes a bill which is sent to the violator/
responsible party who incurred the receivable with a copy to DOR. DOR
posts the information from the bill to its computer system. The
responsible party will agree and pay DOR, dispute the bill, or not
pay. Dispute and non-payment matters are handled by DEP. With
respect to disputes, DEP reviews the matter, maintains the original
assessment or makes a new assessment, and prepares a new bill.
Non-payment matters are also handled by DEP. DEP attempts to collect
the debt by issuing a second demand letter. If there is no response,
the debt is referred to DOR. ATTACHMENT E describes the process that
applies to the debt for the Air Pollution and Right to Know fine and
penalty programs. At the present time, liens are not applied to these
accounts. DEP is developing a lien process at this time.
- Air Compliance and Enforcement: Conducts investigations to
determine compliance with the Air Pollution Control Act at regulated
facilities; issues enforcement documents and tracks, records, and
reports on associated administrative activities to ensure compliance;
develops enforcement cases; processes violations; assesses penalties;
and negotiates compliance schedules for these programs.
- Right to Know Compliance and Enforcement: Conducts investigations
to determine compliance with the Worker and Community Right to Know
Act at regulated facilities; issues enforcement documents and tracks,
records, and reports on associated administrative activities to ensure
compliance; develops enforcement cases; processes violations; assesses
penalties; and negotiates compliance schedules for these programs.
3.2.3 Department of Banking and Insurance (Unsatisfied Claim and
Judgment Fund)
The Unsatisfied Claim and Judgment Fund provides a measure of relief
for the Personal Injury Protection (PIP), Bodily Injury, and Property
Damage claims, up to the statutory limits, for qualified victims of
New Jersey automobile accidents caused by uninsured motorists. The
Unsatisfied Claim and Judgment Fund processes claims against the Fund,
makes justified payments, processes installment repayments, and
secures debtor repayments to the Fund. The Unsatisfied Claim and
Judgment Fund has obtained liens or judgments for most of their cases;
PIP cases do not get liened or judged.
3.2.4 Department of Community Affairs
The Department of Community Affairs (DCA), specifically the Division
of Housing and Community Resources, has responsibility for carrying
out the Homelessness Prevention Program and the Section 8 Rental
Assistance Program. These Programs provide rental assistance to low
and moderate income tenants or mortgage loan assistance to homeowners
who are in imminent danger of eviction or foreclosure due to temporary
financial problems.
The Homelessness Prevention Program is a DCA Program offered on a one-
time basis that makes interest-free loans to homeowners in order to
allow them to pay their mortgage payments. DCA allows homeowners to
pay the loan back over a period of time, without interest. Homeowners
are required to sign a contract with DCA and receive coupon books and
return envelopes from DCA. All loans are secured by liens.
The Section 8 Rental Assistance Program pays rent directly to the
landlord for those individuals who meet the Program's requirements;
they can be working, on welfare, elderly, disabled, etc. There is no
time frame as to the length of participation in the Program.
Individuals are to pay 30% of the rental fee, and Section 8 pays the
balance directly to the landlord. Liens are not obtained for this
debt.
There are three types of receivables from the Section 8 Rental
Assistance Program:
- Landlord receivables: If the landlord receives a payment after the
tenant has vacated the premises, the payment must be returned to DCA.
- Tenant fraud receivables: Tenants in the Program who underreport
their income and subsequently receive a larger subsidy are committing
fraud. After a hearing has been held and the fraud charge has been
proven, the tenant must repay the amount of the overpayment.
- Damage and vacancy claims: The responsible renter must pay for
damage caused during the rental period to DCA. If the premises are
vacated prior to the rental period without proper notice, the landlord
is eligible to receive a vacancy payment equal to 80% of the contract
rent for the rental unit. The tenant is responsible to repay this
vacancy payment to DCA.
3.2.5 Department of Law and Public Safety, Division of Consumer
Affairs
DOR also has receivables as a result of fines and penalties assessed
through the following programs:
Professional Boards, Legalized Games of Chance, Charitable
Registration, Consumer Fraud Protection, Controlled Dangerous
Substances, Securities, and Weights and Measures. The Division of
Consumer Affairs issues Violation Notices (Uniform Penalty Letters)
and Administrative Orders, assesses penalties and fines, and resolves
cases and oversees remediation through negotiation or through legal
action in the Office of Administrative Law, Superior Court, or
Municipal Court.
The Division of Consumer Affairs obtains liens or dockets judgments on
the fine and penalty cases prior to referring the cases to DOR for
collection.
3.2.6 Pricing for Non-tax Second Referral Debt Recoveries
Price lines 7,8, and 9 relate to the percentage contingency fee to be
collected for non-tax second referral debt collections in years one,
two, and three of the contract, respectively.
Price lines 10, 11, and 12 relate to the percentage contingency fee to
be collected as the result of attorney referrals related to non-tax
second referral debt collection in years one, two and three of the
contract, respectively.
3.3 TAX DEBT, price lines 1-6
Bidders submitting bid proposals for the contract for tax second
referral debt collections must complete price lines 1-6.
The Division of Taxation's receivables are generated as a result of
deficiencies by individuals or businesses in paying taxes such as
Sales and Use Tax, Gross Income Tax, and Corporate Business Tax owed
to the State, as listed below. The debt is post-judgment debt. No
tax debt will be assigned for second collection until it has been
through the full collection process utilized by the Division of
Taxation. This includes, but is not limited to, telecollection,
filing of Certificates of Debt, assignment to Field Investigations for
lien, levy or seizure action, and possible referral to the Attorney
General's Office.
3.3.1 Overview of the Current Tax Accounts
The deficient tax accounts to be collected by the second referral tax
debt contractor are individual income and business tax accounts. In
general, uncollected liabilities may be categorized as follows:
3.3.1.1 Audit Assessments - additions to tax, penalty, or interest
imposed by Division of Taxation as a result of information developed
through examinations of the taxpayer's books and records, tax returns,
or information obtained from a variety of other sources.
3.3.1.2 Deficiencies - amounts owed to the State as reported by the
taxpayer on a previously filed, but unpaid, return. Penalties and
interest will be added as appropriate. Deficient tax receivables are
unpaid liabilities from filed returns and audit assessments.
3.3.1.3 Delinquents - the absence of a filed return when information
from the taxpayer or other sources indicates that a return would
otherwise have been due. Because of the possibility that the taxpayer
may be entitled to use withholdings or other credits, a delinquent
return, when filed, may actually result in a refund to the taxpayer.
It should also be noted that a delinquency might also be satisfied
with confirmed information that the taxpayer was not liable to file.
Generally these cases will not be assigned unless part of a
consolidated case.
3.3.2 Pricing for Tax Related Second Referral Debt Recoveries
Price lines 1,2, and 3 relate to the percentage contingency fee to be
collected for tax related secondary debt collections in years one,
two, and three of the contract, respectively.
Price lines 4, 5, and 6 relate to the percentage contingency fee to be
collected as the result of attorney referrals related to secondary tax
debt collection in years one, two and three, respectively.
3.4 SURCHARGE DEBT, price lines 13-18
Bidders submitting bid proposals for the contract for surcharge second
referral debt must complete price lines 13-18.
The New Jersey Motor Vehicle Services Division (MVS) is to assess
insurance surcharges based on certain motor vehicle offenses. They
are called "insurance" surcharges because the revenue collected goes
toward the debt service of a $705 million bond sold to eliminate the
debt of the Market Transition Facility, which was an automobile
insurance organization created by State Law in 1992. These surcharges
are in addition to any court fines, penalties or personal auto
insurance premiums. The motor vehicle offenses surcharged are:
- Alcohol Related Violations:
Driving under the influence of liquor or drugs (DUI);
Refusal to submit to chemical test.
- Regulatory Violations:
Unlicensed Driver;
Driving While Suspended (Court or DMV Imposed);
No Insurance - Moped;
No Liability Insurance on Motor Vehicle.
- Point Violations
Since May of 1996, all surcharge billing and collections have been
handled through an outside vendor contracted by the State.
The Surcharge Section of Motor Vehicle Services handles inquiries,
disputes, hearing requests, payment applications, court documentation,
suspensions, restorations, record adjustments, judgment cancellations/
satisfactions, and financial functions. Other areas that support the
Surcharge Section within Motor Vehicle Services are: Regional Service
Centers (walk-in business); Driver Control; Data Entry, Data Output,
Telephone Center Systems Administration.
Liens have been obtained for all surcharge cases to be assigned under
this contract.
3.4.1 Pricing for Surcharge Second Referral Debt Recoveries
Price lines 13, 14, and 15 relate to the percentage contingency fee to
be collected for surcharge secondary debt collections in years one,
two, and three of the contract, respectively.
Price lines 16, 17, and 18 relate to the percentage contingency fee to
be collected as the result of attorney referrals related to secondary
surcharge debt collection in years one, two and three of the contract,
respectively.
3.5 Other State Agencies
The DOR may also be transferred or assigned bad debt from Hospitals,
Colleges, Universities, Authorities, Counties and Municipalities.
This debt may also be transferred or assigned under this contract to
one of the second referral debt collection contractors. In addition,
if a State Agency or its instrumentalities currently have engaged a
collections contractor, they may choose to pull uncollected cases from
the contractor and send them through the DOR for collection under this
contract.
The contractors receiving such additional referrals will be paid for
the referrals through the non-tax price lines, 7, 8, 9, 10, 11 and
12. Therefore to be eligible for additional referrals, bidders must
list prices in lines 7 - 12 and state whether they are bidding for
non-tax and/or other State agency non-tax referrals.
3.6 SECOND REFERRAL DEBT PROCEDURES
3.6.1 Second Referral Debt Procedures
Procedures apply to Nontax, Tax, Surcharge and Other State Agencies
second referral debt. Procedures have or will be established by DOR.
The contractor's standard operating procedures shall be overruled by
the DOR's standard operating procedures where they conflict. DOR's
existing procedures will be available for review upon request by
contacting the Purchase Bureau buyer assigned to this procurement.
3.6.2 Second Referral Debt Disputes
3.6.2.1 Inquiries and Disputes
If, after beginning second referral debt activities, the debtor
disputes the amount owed or other facts which would prevent the
contractor from proceeding, the contractor, shall, as soon as possible
but no later than within twenty-four (24) hours, refer the case to the
State Contract Manager, for resolution of the dispute. The
appropriate State Department will notify the contractor via e-mail
what action to take or that the dispute has been resolved.
3.6.2.2 Adjustments to Second Referral Accounts
The established DOR procedures will govern how the contractor will
proceed with a debtor's offer to negotiate receivables, including
penalty and interest. However, if the contractor receives an
unsolicited offer of compromise or forgiveness of receivables from a
debtor, the contractor shall, as soon as possible, but no later than
within twenty-four (24) hours, communicate the offer received to the
State Contract Manager.
3.6.3 Litigation Service Requirements for Second Referral Debt
The contractor(s), or any proposed subcontractor (s), thereof, are not
authorized to undertake any litigation in regard to collection
activities.
In the event that the State wishes the contractor to engage in
litigation to collect second referral debt, the contractor may
subcontract with attorneys appointed as Special Counsel in accordance
with N.J.S.A.52:17A-13. The State's Special Counsel shall perform
litigation activities such as wage garnishments, information
subpoenas, and orders of execution, etc. to post-judgment accounts.
This shall enable the contractor to pursue enforcement sanctions on
behalf of the State that are permissible but can only be accomplished
by an attorney.
The contractor shall bear responsibility for the operation of the
program. The law firms will be the subcontractors to the contractor.
The contractor must use special counsel approved by the Attorney
General. The bidder does not have to identify which special counsel
will be used in its bid proposal; the selection can be made at a later
date.
Collection activity shall be managed by the contractor's collection
system. Law firms shall be required to accept and transmit account
information data from and to the contractor's collection system in an
acceptable format. The contractor shall be responsible for ensuring
that its system and the law firm's systems are synchronized and
contain the same data. This process shall allow the contractor to
closely monitor the progress of cases referred to the law firm.
3.6.3.1 Case Processing Requirements - Law Firms
The contractor shall be responsible for assigning second referral debt
to one of the law firms using DOR guidelines. All second referral
debt for an individual, regardless of the type of debt, shall be
assigned to a common law firm to avoid multiple law firm collection
efforts and confusion to the debtor.
The law firm shall place the assigned records on its computer
system.
The law firm shall proceed with pre-defined collection efforts such as
mailing information subpoenas, special collection notices, telephone
calls, and filing necessary court documents to affect asset seizure.
It shall be the law firm's responsibility to prepare the necessary
documentation for the local sheriff for notification of court action
to the individual such as a bank levy or wage garnishment.
The law firm shall not proceed against the real estate of the debtor
or against the estate of a deceased debtor, unless directed to do so
by the State Contract Manager.
Once a case has been assigned to litigation, the law firm to which the
case has been assigned shall be responsible for monitoring all
judgment and payment-related activity.
If a debtor presents a petition in bankruptcy, which lists the second
referral debt among his/her debts, upon presentation of appropriate
proofs, the law firm shall be required to return the case to the
contractor for appropriate handling. The contractor and the law firm
shall be responsible for any violation of the automatic stay following
the filing of a petition by a debtor. The contractor is not entitled
to any fee on any money that must be returned to the debtor.
The law firm shall be responsible to deposit on a daily basis all
monies collected into a State of New Jersey General Treasury Account.
The deposit shall be the gross amount of the payment. Upon receipt of
the payment by the law firm, payment data shall be transmitted to the
contractor. It shall be the law firm's responsibility to reconcile
the daily deposits using approved DOR and contractor procedures.
The contractor shall invoice DOR monthly with appropriate
documentation, which is subject to audit. The contractor shall pay
the law firm from this amount based on the agreement between the
contractor and the law firm.
The contractor will also pay the following costs directly and provide
documentation of payment to DOR. DOR will reimburse these costs during
the contractor's normal billing cycle:
Certified mailings - (a) maximum of two (2) per debtor; (b) Sheriff's
fees and mileage charges; and (c) Court costs.
These fees shall be added to the individual's debt.
3.6.4 Second Referral Debt Direct Payments
The contractor will be notified by DOR, other appropriate state
agencies, or the primary surcharge collection contractor, of all
direct payments and any other adjustments made on the accounts which
have been transferred as second referral debt. Notification shall be
by cartridge or other type of electronically compatible medium, and
shall indicate the status of such payments. The State Contract
Manager and the contractor shall cooperatively develop special
instructions for direct payments. Whenever possible, the DOR, the
appropriate State agency, or the current primary debt collection
contractor shall transmit any accompanying correspondence from the
debtor to the contractor. Once the debt is assigned to the vendor, the
vendor will earn the commission upon collection of the debt. No
commission will be paid on any money collected through the SOIL
program. Monies collected under this program are not subject to
payment of contingency fees; therefore, the contractor shall not be
entitled to a contingency fee on the offset.
3.7 Collection Requirements
3.7.1 Collection Processing Requirements
The State is aware of the practice in the collection industry in which
collectors expend the majority of their efforts in the collection of
the receivables which may be more easily and readily collectible, to
the exclusion of receivables which may be viewed as more difficult to
collect. This industry practice is called "creaming." DOR requires
the contractor to work all cases which are referred for collection.
The contractor shall obtain prior written approval from the State
Contract Manager for use of all forms and letters, collection
workflows, and telephone scripts to be used by the contractor for
contract services. After initial approval, no forms, letters,
collection workflows, or telephone scripts shall be altered without
the approval of the State Contract Manager.
The contractor shall research all accounts for a current address
and telephone number if one was not supplied; if either has been found
to have changed; or if the one supplied is incorrect. The contractor
shall attempt to contact the debtor at least once every thirty (30)
days. These contacts shall include telephone calls or direct
mailings. The contractor shall perform the vigorous skip tracing
procedures delineated in the its bid proposal on each
account.
A direct mailing notice which the contractor may send to a debtor,
will, at a minimum, contain the following information:
1. The contractor is making the contact as the State's collection
agent;
2. the period(s) and the statute under which the debt was incurred;
3. the amount due;
4. the name, title, address, and telephone number of the contractor's
employee who will handle any questions to be posed by the debtor;
5. the contractor's hours of operation;
6. the deadline for responding to this notice and the consequences of
non-response; and
7. the debtor's right to appeal.
Other contractor's responsibilities may, depending on the program,
include: preparing and generating notices for the collection of
payments; making telephone calls; processing refunds or credits;
maintaining payment plans (with the exception of the Division of
Taxation debt); processing payments;
preparing Certificates of Debt; and preparing Warrants of
Satisfaction.
3.7.2 Certificates of Debt and Warrants of Satisfaction
For certain programs, where full payment has not been received within
a reasonable period as established by DOR, the contractor shall
prepare a final billing document, which includes language indicating
that failure to pay will
result in a judgment. The contractor shall file, on behalf of the
State and with the approval of the State Contract Manager, a
Certificate of Debt with the Superior Court of New Jersey, and notify
the debtor of same. A Certificate of Debt has the same force and
effect as a docketed judgment filed on behalf of the Director of the
appropriate State agency. The DOR will provide procedures on how to
obtain a Certificate of Debt.
3.7.2.1 Non-Tax and Tax Debt Only
When a debtor satisfies his/her debt with the State, the collection
system will automatically submit either a Warrant of Satisfaction to
the Superior Court Clerk's office in Trenton or electronically
transfer the Warrant of Satisfaction data to the State for
transmission to the Superior Court Clerk's office in Trenton. This
submission shall occur within sixty (60) days of the debt being
satisfied.
The State will file warrants for all judgments which have been fully
discharged by the debtors. The contractor shall not induce a debtor
to pay a receivable upon a false promise or assurance that a judgment
will be satisfied, nor is the State bound by assertions made by a
contractor to a debtor that a judgment will be satisfied. The
contractor shall not file any documents with any court or other entity
which purport to satisfy a judgment on behalf of the State or any
third party on whose behalf receivables have been collected without
State approval.
3.7.3 Payment Plans
The contractor may enter into installment agreements with debtors,
provided the installment agreement complies with the individual
Departmental procedures and State guidelines. Guidelines may include
procedures for filing a Certificate of Debt to secure the debt, dollar
thresholds, time limits, and written agreements.
3.7.4 Notices of Complaints and Referrals
The contractor shall, within twenty-four (24) hours, notify the State
Contract Manager upon its receipt of an actual or constructive notice
of a written or oral complaint against the contractor with regard to
its receivable collection practices involving the collection of
receivables subject to this contract. The contractor shall notify the
State Contract Manager of any such complaint, regardless of whether
the complaint is made by a debtor or a third party on behalf of a
debtor or by any other third party.
The contractor shall refer to the State Contract Manager, within
twenty-four (24) hours, all other types of referrals received
including, but not limited to, correspondence, telephone inquiries, or
any other types of communication received by the contractor from an
elected official, State or Federal agency, media representative,
attorneys or any other type of private concern. Replies may be
jointly coordinated.
3.7.5 Name and Address Changes
When a deficient debtor's address is located, the contractor shall
transfer the updated telephone number, address, and any other
pertinent information to the State Contract Manager, the appropriate
State agency or the current surcharge vendor. Any changes received by
the contractor shall be reported to the State Contract Manager, the
appropriate State
agency or the current surcharge vendor on a daily basis.
3.7.6 Processing and the Deposit of Funds
The contractor shall:
1. Instruct debtors to make checks, money orders, etc., payable to the
Treasurer, State of New Jersey
2. Process the checks on a daily basis
3. Verify the payments
4. Appropriately record the payment to the receivable
5. Update all accounts, including interest and penalty calculations
6. Deposit the checks, money orders, and etc. daily into an account
authorized by the Treasurer, State of New Jersey
For all second referral debt, the contractor is required to deposit
all remittances daily or within 24 hours into a State of New Jersey
bank account designated by the State depending on the type of debt
collected. The contractor is required to deposit all remittances
within twenty-four (24) hours of receipt and supply an e-mail message
to the State Contract Manager stating the date and amount of each
deposit. On a daily basis, the contractor shall provide in an
electronic file format all supporting documentation, i.e., account or
case number, account name, date of receipt, total amount collected,
amount remitted for each debtor, and other information that may be
identified during contract negotiations.
3.8 Contractor Personnel Requirements
3.8.1 Organization
The contractor shall provide to the State Contract Manager on a
monthly basis a detailed table of organization or list showing all
employees by name and title that are assigned to the contract. The
contractor shall also inform the State Contract Manager of new
hires, leaves of absence, and terminations on a daily basis.
The contractor shall ensure that staffing levels submitted in response
to this RFP are maintained throughout the term of the contract and
any extension thereof. Integral to meeting this requirement is active
management of the staff and ongoing training.
3.8.2 Training/Staffing
The contractor shall be responsible for training its staff in the
proper procedures for communicating with the public and performing
collections. This shall include the contractor being responsible for
understanding the various laws for which the debt was incurred, and
the various due process remedies available to the debtors so that the
contractor's staff can converse knowledgeably with debtors. DOR will
coordinate with the other State agencies and the primary collections
contractor to provide the contractor with the basic training and
required information to train employees in the laws, policies and
procedures.
The contractor shall, upon request, provide the State Contract Manager
with a resume or employment application of any member of its staff or
a subcontractor's staff assigned to or proposed to be assigned to any
aspect of the performance of the contract within twenty-four (24)
hours of the State Contract Manager's request.
3.8.3 Contractor Employee Misconduct
The contractor shall notify the State Contract Manager as soon as
possible but no later than twenty-four (24) hours, of cases in which
misconduct or fraud is suspected of any person associated with a case.
3.8.4 Confidentiality
The contractor shall have all of its employees assigned to the
contract sign confidentiality agreements covering State and Federal
laws, including the Federal and State browsing and confidentiality
laws and the State Code of Ethics, before gaining access to case
information. The contractor shall provide the original to the State
Contract Manager and maintain an up-to-date file of these signed
confidentiality agreements.
DOR will provide a sample copy of the agreements (ATTACHMENT F for
Non-Tax Debt, ATTACHMENT G for Tax Debt, and ATTACHMENT H for
Surcharge Debt).
The State reserves the right to inspect the systems and procedures of
the contractor to ensure that the contractor and its employees are
adhering to the Federal and State confidentiality laws.
All employees of the contractor shall be made aware that the State Tax
Uniform Procedure Law makes it a crime for any employee or former
employee to divulge, disclose or use for personal advantage any
information obtained from Division of Taxation records and files
concerning tax administration per N.J.S.A. 54:50-8. A violation of
this law is punishable by a prison term of not more than 18 months and
a fine not to exceed $7,500. Additional information regarding
criminal penalties for violations of confidentiality can be found in
ATTACHMENT G.
3.9 Data Processing Requirements
The contractor shall provide, at its own expense, the following:
1. Computer System (hardware and software, printers, modems, etc.),
including maintenance, repair, all monthly charges for data
storage, CPU usage, connectivity, etc., or replacement of any and all
of the equipment necessary to provide service to the State.
2. The contractor must lease, own, or have access to secure computer
facilities capable of:
- Accepting, processing and reporting accounts in the form of a
cartridge or another type of electronically compatible format in the
format provided by DOR or the current Surcharge vendor;
- Canceling accounts by a cartridge or another type of electronically
compatible format;
- Accepting adjustments updates and changes to accounts in the form of
a cartridge or another type of electronically compatible format in the
format provided by DOR;
- Charging interest on account on a timely basis, when required by
DOR's directives. Interest charges may be electronically transmitted
to the contractor's system. There may be different interest charges
for each type of debt.
- Maintaining a segregation of account components such as penalty and
interest, cost of collection fees, and the State's insufficient check
fee (NSF), etc.;
- Reporting payments received by the contractor by account on a
cartridge or another type of electronically compatible format; and
- Closing accounts for second referral debt by cartridge or another
type of electronically compatible format which may include account
identification, reason for closure, an indicator if the address or
telephone number has been updated and any information found regarding
assets, current employers, bankruptcy, etc.
3. The contractor shall also have the capability to perform ad hoc
reporting.
3.9.1 Interface Requirements
3.9.1.1 Tax and Non-Tax
The contractor shall accept and transmit records of account
information from and to DOR by cartridge or another type of
electronically compatible format. DOR is currently investigating a
Statewide solution to debt collection management. Consequently,
within the first twelve to eighteen months of this contract, DOR may
acquire new software. The contractor must maintain a system which is
electronically compatible with DOR's requirements. In the event DOR
acquires new software which requires the contractor to change
transmission protocols, data contents or data formats, the contractor
may request reimbursement for the actual costs incurred. Any such
request for reimbursement must be documented in advance and pre-
approved by the Director,Division of Purchase and Property.
All interfaces with the system shall be via cartridge or another type
of electronically compatible format. External labels on cartridges
must be provided to aid in identifying the sending organization.
Information which must be passed back to DOR includes: actions taken
and events which occurred on referred cases as a result of telephone
calls, letters, or other attempts to locate the obligor/debtor;
verification of the obligor/debtor address, telephone number, social
security number and employment; all attempts
to collect the debt; etc.
3.9.1.2 Surcharge Debt
3.9.1.2.1 Receiving Information
The contractor must have the ability to:
- Accept Name, Address and License Number information. License
Number will be the record identifier. Files will also include
surcharge(s) number, principal amount due, interest amount due,
collection amount due, and total due;
- Accept Restoration Amount as a separate field;
- Calculate and add interest. Interest is calculated daily on the
principal balance owed and the system must be able to take into
account that the interest rate may differ each calendar year;
- Accept payment files to include payments and adjustments (e.g.
bounced checks) and provide the current system balances as
specified; and
- Accept other data files. These may include but are not limited to
various surcharge level holds, modifications of debt, adjustments,
installment payment plans, bankruptcy, notification of
certification of death, phone number changes, address changes, and
license suspension and restoration.
3.9.1.2.2 Sending Information
The contractor must have the ability to send:
- Files with License Number as the record identifier;
- Data files containing name and address updates, social security
and phone number changes, etc.;
- Data files containing Installment Payment Plan information; and
- Payment files to include payments and adjustments (e.g. bounced
checks).
3.10 Management Report Requirements
The contractor shall submit monthly reports, which will include the
information listed below. The reports shall provide subtotals by type
of debt and total of all debt. At the beginning of each month, the
contractor shall furnish the State Contract Manager with a summary and
analysis of the collection activities for the preceding month to
assist in the evaluation of the progress of performance under the
contract.
The contractor shall submit fiscal year annual reports by type of
debt. Annual reports should compile all of the information mandated
in the monthly reports.
The monthly report shall at minimum contain:
1. List of debtors being processed by collection agency
by name or identification number, dollar amount referred/returned,
dollar amount collected, current amount owed, date of referral/return;
2. The total number and aggregate value of accounts referred and
returned for the month, placed for the State's fiscal year, and placed
during the contract period to date;
3. Frequency of billings for each transmission of accounts, including
but not limited to the date of each mailing, total number and
aggregate value of mailed items, and total number and aggregate value
of returned mail items;
4. The gross collections for each account referred for the month, for
the State's fiscal year, and during the contract period to date;
5. The total number and aggregate value of adjustments placed during
the month;
6. The total number and aggregate value of closed, canceled, and
returned accounts for each referral, for the month, for the State's
fiscal year, and during the contract period to date;
7. The total number of Certificates of Debt filed and their aggregate
value;
8. The total number and aggregate value of accounts affected by
payment plans;
9. The total number and aggregate uncollected value of the current
inventory of accounts for each placement;
10. Number of referred accounts totally collected;
11. Number of referred/returned accounts partially collected;
12. Number of returned accounts uncollected;
13. Number of referred accounts not yet returned to DOR;
14. Recovery rate of referred/returned accounts;
15. Type of collection made;
16. Repayment agreements in effect;
17. Uncollectible accounts, broken out on the report by reason (i.e.,
bankruptcy, incarcerated, deceased, public assistance recipient,
etc.);
18. Bankruptcy and legal actions taken on each account and the dates
of such actions;
19. Payments received - All payments that were received for the month
and justification for collection agency's fee to DOR;
20. Detail shall include: name, address, identification number,
original amount billed, payment received, current amount owed,
percentage due collection agency, contingency fee amount to be paid to
collection agency;
21. Aging reports for cases and types of debt;
22. Reports detailing adjustments made to accounts by case;
23. Reconciliation reports;
24. Revenue estimates for annual budget purposes; and
25. Any other information identified after the contract has been
implemented.
The contractor is responsible for all reports, i.e., monthly reports
and annual reports at no additional charge to the State.
3.11 Data Processing Equipment
The contractor shall have a data processing system which ensures that
each of its collectors will have the ability to access the
contractor's collection system. The contractor must also provide
skip-tracing capabilities when a bad telephone number or address is
found. All reports must be submitted in an automated fashion to DOR
in a format which is compatible with DOR's systems. Presently DOR
utilizes Windows 98 and Microsoft Office 2000 products.
3.12 Date Data Requirements
The contractor represents and warrants that: its data processing
system will function without error or interruption related to date
data, specifically including errors or interruptions from functions
which may involve date data for more than one century. Date data
refers to any data or input which includes an indication of or a
reference to a date. All date data (whether received from users,
systems, applications or other sources) must include an indication of
the century. All date output and results, in any form, must include
an indication of the century.
3.13 Disaster Recovery Plan
The contractor shall have and maintain a disaster recovery plan to
protect the State's receivables and the confidentiality of the
information contained therein. The contractor shall propose an off
site storage location and plan for backup of data daily if the
contractor's case management system is used.
3.14 Other Equipment and Service Requirements
The contractor shall have the following equipment and provide the
following services. All equipment must be in good working order. The
contractor shall have a sufficient amount of equipment to accomplish
the tasks set forth in this RFP in an effective and efficient manner.
DOR reserves the right to have the contractor replace existing
equipment or add to the existing equipment when the State Contract
Manager finds it to be necessary.
1. Shredding Machine On The Premises To Shred State Office Materials
2. Copy Machines
3. Facsimile Machines
4. Facilities And Furniture
The contractor shall provide space in its office for one (1)
full-time DOR employee to spend one (1) day a week to respond to
questions or assist in resolving problems and/or disputes and to
monitor the overall process.
3.15 Telecommunications Equipment
The contractor shall have at least one nation-wide toll free telephone
number that the State and the debtors can use. The contractor shall
also have the following: Automated Call Distributor System, Predictive
Dialer System, and Automated Voice Response System to accept credit
card payments via the telephone. The vendor is not precluded from
backing up The Automated Voice Response System with personnel to
accept credit card payments.
3.16 Credit Card Services
The contractor shall accept and process credit card payments via
telephone for Visa, MasterCard, Discover, and American Express. The
contractor is responsible for payment of the merchant's fee. The cost
for this service must be included in the overall price quoted in the
bidder's bid proposal. The contractor will be required to submit the
transactions to the State as they are deposited into the bank.
3.17 Check By Phone
The contractor shall accept and process checks via telephone per DOR
Guidelines which will be provided upon request at the Mandatory Pre-
Bid Conference.
3.18 Electronic Fund Transfer
The contractor shall have the ability to accept electronic payments
from debtors.
3.19 Bank Deposit Services
The contractor shall provide daily courier service or equivalent to
the bank. All receipts must be deposited in the State's bank account
within twenty-four (24) hours.
3.20 Mailing Costs
The contractor shall be responsible for all costs for post office
boxes, regular, overnight, and certified mail required for the
responsibilities set forth in this contract. The only exception to
this is for cases that are referred to law firms. The law firms shall
only be reimbursed for a maximum of two (2) certified mailings per
debt. If a courier is required, the contractor shall also absorb all
costs for courier services between DOR and their office.
3.21 Copying Services
The contractor shall be responsible for providing copies of documents
to debtors or the State at no additional cost.
3.22 Data Conversion Services
The various State agencies will submit their records in the required
RDI record layout and the RDI system will then transfer the records to
the contractor's system. For Surcharge debt, the primary surcharge
contractor will submit account information to the successful secondary
surcharge debt collections contractor via FTP.
3.23 Hours of Operation
The contractor shall operate at a minimum five (5) days per week:
Monday through Friday. Hours of operation shall be from 8:00 a.m. -
9:00 p.m. There should be no debtor contact on Sunday, however, the
contractor is required to provide access for the debtor to make
payments via the Interactive Voice System(IVS) on Sundays.
3.24 Maintenance of Policy and Procedures Manual
The contractor is responsible for the documentation and maintenance of
policies and procedures that have been implemented by DOR and the
contractor. These policies and procedures cover activities such as
the collection of receivables; customer service; administration and
support; and coordination of responsibilities between the contractor,
DOR and the other State agencies, etc.
3.25 Information Research Services
The contractor is responsible for all costs associated with securing
information regarding debtors. The costs for these services must be
included in the overall price quoted in the bidder's bid proposal.
3.26 Distribution and Placement of Cases
Once a case has been assigned for collection, the contractor shall be
responsible for monitoring all judgment and payment related
activities. Accounts which do not have collection activity (payments)
over 12 months after assignment shall be returned to DOR. DOR
reserves the right to withdraw a case from the contractor.
At the start of each contract, existing outstanding DOR receivable
accounts will be transferred to the contractor. Determination of the
number and types of cases referred to contractor shall be discussed
with the contractor in advance. The amount and types of receivables
listed in this RFP are for information purposes only and do not
represent a guarantee that the contractor will have the opportunity to
collect receivables on behalf of the State in the amounts or types of
receivables listed.
3.27 Case Assignments
The contractor must notify DOR within five (5) working days of its
receipt of transferred account(s) or case(s). The contractor must
begin collection activities, documenting actions taken, and monitoring
payments received on the transferred accounts within thirty (30) days,
unless approval is given by DOR for additional time.
Subsequent to initial collection efforts, collection efforts must be
made without regard to the age, amount, location or any other factor
of the debt. DOR will provide specific guidelines. The contractor
may contact persons directly for information regarding a debtor,
including the custodial parent, as long as the contractor complies
with all of the State and Federal laws regulating the collection of
various types of State debt.
DOR shall provide updated client information and new referrals
according to a mutually agreed upon time frame.
The contractor must have nationwide resources to effectively "skip
trace" and effect collection of accounts referred, including the
ability seek legal remedies.
If the contractor receives notification that a debtor has filed a
bankruptcy petition, the contractor shall cease collection activity
and forward, via facsimile transmission, the collected information to
the State Contract Manager within 24 hours after the vendor receives
written notice. The account file shall be returned to DOR, unless
otherwise directed by the State Contract Manager.
The contractor will be informed how the receivables were calculated
for second referral debt. In the event clarification is required, the
contractor will prepare a dispute resolution form for questions or
disputes regarding the amount or the cause of the receivables. The
contractor will then refer it to the appropriate State agency. The
State agency will be responsible for explaining the cause of the debt
and how the debt was calculated by returning the dispute resolution
form via e-mail to the contractor, with a copy to the State Contract
Manager.
The contractor shall provide continual collection services unless one
of the following situations occurs:
a code back to the systems utilized by the State indicating:
1. The obligation owed by the debtor has been paid in full;
2. The case was referred in error;
3. The debtor has died and the search for available assets has been
exhausted. This recall shall be dependent upon the statute under
which the debt was incurred;
4. The receivable amount on the case has been incorrectly calculated
by the State;
5. The receivable/case becomes involved in litigation;
6. The case becomes involved in administrative appeal;
7. The debtor has filed bankruptcy and the law requires legal action
be performed by the Attorney General's Office;
8. The court ordered obligation is in abeyance;
9. The State Contract Manager may request, either by fax or telephone
call, for the contractor to return a case and discontinue collection
and/or locate efforts. If the case is not currently in a collection
status then the contractor must make every effort to discontinue
activity as soon as possible, but no later than two (2) working days;
10. Appropriate documentation is obtained by the State to take legal
action;
11. If the contractor is unsuccessful in effecting collection of an
account after a twelve (12) month period, the account, along with a
complete history of the collection effort, may be recalled by the
State Contract Manager for further action; and
12. Recommitment to a correctional institution or reversal of criminal
conviction.
Depending upon the collection history during the case assignment, an
account may be placed again with the contractor for collection for six
(6) additional months. An account may be recalled if the conditions
described in the case assignment are encountered. If no collection
success has been achieved in the additional six (6) month period, the
account shall be returned to the State Contract Manager along with a
complete history of the collection effort for further processing.
3.28 Contract Management and Administration
DOR will identify a person who shall serve as the State Contract
Manager upon execution of the contract. The State Contract Manager
shall be responsible for all matters relating to the contract.
Whenever DOR is required by the terms of the contract to provide
written notice to the contractor, such notice shall be signed by the
State Contract Manager, or, in the case of that individual's absence
or inability to act, by the Director, Deputy Director, or Assistant
Director of DOR.
The State Contract Manager must approve all monthly collection reports
before they are forwarded to the Assistant Director for formal
acceptance.
The State Contract Manager will monitor the progress of all tasks and
sub-tasks against the contractor's work plan. The contractor shall
maintain and update its work plan on a monthly basis to reflect
current completion status and dates.
The State Contract Manager will act as liaison between DOR, the
affected State agencies, and the contractor. The State Contract
Manager will act as the primary point of contact on all contractual
issues between DOR and the contractor. The State Contract Manager's
responsibilities include:
1. Monitoring the progress of the contractor
2. Allocating State agency receivables to the contractor, through the
use of an automated program;
3. Receiving and reviewing all contractor monthly collection reports,
certifying acceptance of work completed in support of request for
payment;
4. Informing the Director, Deputy Director, or Assistant Director of
DOR of issues or disputes within the scope of the contract;
5. Working with the contractor to resolve disputes;
6. Maintaining first-line responsibility for providing overall project
direction and contract management and administration;
7. Chairing status meetings;
8. Supervising transition from the current contractor to the newly
awarded contractor; and
9. Other duties as required.
The State Contract Manager will facilitate answers to questions
regarding policy and procedures and refer the contractor to
appropriate DOR personnel, if necessary.
3.29 Meetings
The contractor shall, at its sole cost and expense including travel
expenses if applicable, meet with the State Contract Manager and
representatives of the appropriate State agencies weekly during
contract implementation and at least once each quarter during the
contract term.
3.30 Inspections
The contractor shall permit the State Contract Manager and other State
officials, reasonable access to the contractor's collection facility,
with or without notice to the contractor, for the purpose of
observing, auditing, or inspecting the contractor's collection
activities.
3.31 Withholding Information
The contractor shall not enter into any formal or informal agreements
or contracts with debtors, their agents or representatives to withhold
information from the State that would permit the State or the
contractor to more effectively or efficiently collect a receivable
owed the State. Failure to comply with this may result in termination
of this contract by the Director of Purchase and Property pursuant to
Section 3.5 of this RFP's Standard Terms and Conditions and the issue
referred to the Attorney General's Office.
3.32 Registration
The contractor shall be a New Jersey registered collection agency
(N.J.S.A. 45:18-1 et seq.).
3.33 Tax Law Compliance
This Section supplements Section 1.7 of the Standard Terms and
Conditions. This RFP is expressly conditioned upon the contract being
in full compliance with all Federal and New Jersey laws, including
Public Law 2001, Chapter 134. The State reserves the right to conduct
tax law compliance checks to determine that the contractor is in
compliance with all Federal and State of New Jersey tax laws. In the
event that the State determines that the contractor is not in
compliance, the contract may be terminated by the Director of Purchase
and Property pursuant to Section 3.5 of the Standard Terms and
Conditions and the issue referred to the Attorney General's Office.
3.34 Professional Standards
The contractor shall be responsible for all collection activity in a
professional manner and must comply with the Federal Fair Debt
Collection Practices Act (15 U.S.C., Section 1692 et seq.) (P.L. 95-
109), N.J.S.A. 45:18-1 et seq., and any applicable State statutes or
regulations. The contractor shall act in compliance with the code of
ethics and standards adopted by the American Collectors Association,
Inc., and the Federal Trade Commission, Title 15, Commerce and Trade
Sections 1601-1700 of the U.S. Code Annotated. The contractor's
activities must comply with all appropriate statutes for the
collection action being taken.
3.35 Priorities for Allocation of Payments
The contractor will be given the formula for allocation of collections
against combined debt upon contract award.
4.0 PROPOSAL PREPARATION AND SUBMISSION
4.1 General
The bidder must follow instructions contained in this RFP and in the
bid cover sheet in preparing and submitting its bid proposal. The
bidder is advised to thoroughly read and follow all instructions.
The information required to be submitted in response to this RFP has
been determined to be essential in the bid evaluation and contract
award process. Any qualifying statements made by the bidder to the
RFP's requirements could result in a determination that the bidder's
bid proposal is materially non-responsive.
4.2 Proposal Delivery and Identification
In order to be considered, a bid proposal must arrive at the Purchase
Bureau in accordance with the instructions on the RFP cover sheet. The
bidders submitting bid proposals are cautioned to allow adequate
Delivery time to ensure timely delivery of bid proposals. State
regulation mandates that late bid proposals are ineligible for
consideration. The exterior of all bid proposal packages must be
labeled with the bid identification number, final bid opening date and
the buyer's name. All of this information is set forth at the top of
the RFP cover sheet.
4.3 Number of Bid Proposal Copies
Each bidder is requested to submit one (1) complete ORIGINAL bid
proposal, clearly marked as the "ORIGINAL" bid proposal. Each bidder
is requested to submit ten (10) full, complete and exact copies of
the original. The copies requested are necessary in the evaluation of
your bid. Bidders failing to provide the requested number of copies
shall be charged the cost incurred by the State in producing the
required number of copies. It is suggested that the bidder make and
retain a copy of its bid proposal.
4.4 Proposal Content
The proposal should be submitted in one volume and that volume divided
into four (4) Sections as follows:
4.4.1 Section 1 - Forms
4.4.1.1 Ownership Disclosure Form
In the event the bidder is a corporation or partnership, the bidder
must complete the attached Ownership Disclosure Form. A completed
Ownership Disclosure Form must be received prior to or accompanying
the bid proposal. Failure to do so will preclude the award of the
contract.
4.4.1.2 MacBride Principles Certification
The bidder must complete the attached MacBride Principles
Certification evidencing compliance with the MacBride Principles.
Failure to do so may result in the award of the contract to another
vendor.
4.4.1.3 Affirmative Action
The bidder must complete the attached Affirmative Action Employee
Information Report, or, in the alternative, supply either a New Jersey
Affirmative Action Certificate or evidence that the bidder is
operating under a Federally approved or sanctioned affirmative action
program. The requirement is a precondition to entering into a valid
and binding contract.
4.4.1.4 Set-Aside Contracts
This is a contract with set-aside subcontracting goals. All bidders
must include in their bid proposal a completed and signed Notice of
Intent to Subcontract form. Failure to do so will be sufficient cause
to reject a bidder's bid proposal as non-responsive.
Bidders intending to utilize subcontractors must also include a
completed and signed Subcontractor Utilization Plan Form. Failure to
do so will be sufficient cause to reject a bidder's bid proposal as
non-responsive.
If the bidder chooses to subcontract and does not meet the goals for
the use of New Jersey based, certified, MBE/WBE firms, the bidder
should document its good faith efforts to meet the subcontracting
goals as specified in the PB-SA-2A (Items1-7) and PB-SA-2B (Item 2)
forms.
4.4.1.5 Bid Bond
Not applicable to this procurement.
4.4.2 Section 2 - Technical Proposal
In this Section, the bidder shall describe its approach and plans for
accomplishing the work outlined in the Scope of Work Section, i.e.,
Section 3.0. The bidder must set forth its understanding of the
requirements of this RFP and its ability to successfully complete the
contract.
The DOR has outlined several different requirements relating to
servicing the second referral debt. The contractor should address in
its bid
proposal how it will approach the collection of second referral debt
for each of the various considerations outlined in the Scope of Work
Section of this RFP,i.e. Section 3.0.
4.4.2.1 Detailed Plans, Approach and Deliverables
This section of the bidder's bid proposal shall set forth in detail
the bidder's plans and approach for completing all tasks, sub-tasks or
other work elements required by the in the Scope of Work Section of
this RFP, i.e. Section 3.0.
The bidder's bid proposal should address each task, sub-task or other
work element set forth in the Scope Of Work Section of this RFP, i.e.
Section 3.0. The bidder shall detail how the bidder intends to
complete the required work. The bidder's bid proposal should clearly
cross reference RFP section and/or task, sub-task or other work
element numbers as well as RFP page numbers.
The bidder's response should be designed to convince the State that
the bidder's detailed plans and approach proposed to complete the
required Scope of Work are realistic, attainable and appropriate and
that the proposed plans will lead to successful contract completion.
Mere reiterations of RFP tasks, sub-tasks or other work elements are
strongly discouraged as they do not provide insight into the bidder's
understanding of, and ability to, complete the contract.
The contractor must refrain from the practice of "creaming." the
contractor must work all cases which are referred for collection. The
bidders shall include in their bid proposals, as part of their
detailed approach, a plan and strategy with any reporting requirements
which will provide measurable assurances to the State that this
practice will not occur.
4.4.2.2 Management Overview
The bidder shall set forth its overall technical approach and plans to
meet the requirements of this RFP in a narrative format. This
narrative should convince the State that the bidder understands the
nature of the required work and the level of effort necessary to
successfully complete the contract. This narrative should convince
the State that the bidder's general approach and plans to undertake
and complete the contract are appropriate to the tasks and subtasks
involved.
Mere reiterations of RFP tasks and subtasks are strongly discouraged
as they do not provide insight into the bidder's ability to complete
the contract. The bidder's response to this Section should be
designed to convince the State that the bidder's detailed plans and
approach proposed to complete the Scope of Work are realistic,
attainable and appropriate and that the bidder's proposal will lead to
successful contract completion.
4.4.2.3 Contract Management
The bidder should describe its specific plans to manage, control and
supervise the contract to ensure satisfactory contract completion
according to the required schedule. The plan should include the
bidder's approach to communicate with the State Contract Manager
including, but not limited to, status meetings, status reports, etc.
4.4.2.4 Mobilization and Implementation Plan
It is essential that the State move forward quickly to have the
contract in place. Therefore, the bidder must include as part of its
proposal a mobilization and implementation plan, beginning with the
date of notification of contract award.
Such mobilization and implementation plan should include the following
elements:
(a) A detailed timetable for the mobilization and implementation
period of thirty (30) days. This timetable should be designed to
demonstrate how the bidder will have the contract up and operational
within the period of thirty (30) days from the date of notification of
award.
(b) The bidder's plan for the deployment and use of management,
supervisory or other key personnel during the mobilization and
implementation period. The plan should show all management,
supervisory and key personnel that will be assigned to manage,
supervise and monitor the bidder's mobilization and implementation of
the contract within the period of thirty (30) days.
NOTE: The bidder should clearly identify management, supervisory or
other key staff that will be assigned only during the mobilization and
implementation period.
(c) The bidder's plan for recruitment of staff required to provide all
services required by the RFP on the contract start date at the end of
the mobilization and implementation period.
(d) The bidder should submit a plan for the purchase and distribution
of equipment, inventory, supplies, materials, etc. that will be
required to fully implement the contract on the required start date.
(e) The bidder should submit a plan for the use of subcontractor(s),
if any, on this contract. Emphasis should be on how any subcontractor
identified will be involved in the mobilization and implementation
plan.
(f) The bidder must submit training plans consistent with requirements
in The Scope of Work,i.e. Section 3.0.
(g) The bidder must have the capability to accept and transmit the
following account information to and from the current vendor via FTP
in a fixed column or comma delimited text file. All sending and
receiving transactions will be code driven. The bidder for second
referral debt collection must include all costs associated with this
data transmission.
(h) The bidder must outline a disaster recovery plan and a plan for
backup of data daily.
(i) The bidder is encouraged to submit additional requirements that
will allow the most effective and efficient collection of receivables.
4.4.2.5 Potential Problems
The bidder should set forth a summary of any and all problems that the
bidder anticipates during the term of the contract. For each problem
identified, the bidder should provide its proposed solution.
4.4.3 Section 3 - Organizational Support and Experience
The bidder should include information relating to its organization,
personnel, and experience, including, but not limited to, references,
together with contact names and telephone numbers, evidencing the
bidder's qualifications, and capabilities to perform the services
required by this RFP.
4.4.3.1 Location
The bidder should include the location of the bidder's office that
will be responsible for managing the contract. The bidder should
include the telephone number and name of the individual to contact.
A location convenient to the offices in Trenton is preferred but not
mandated.
4.4.3.2 Organization Chart (Contract Specific)
The bidder should include a contract organization chart, with names
showing management, supervisory and other key personnel (including
subcontractor's management, supervisory or other key personnel) to be
assigned to the contract. The chart should include the labor category
and title of each such individual.
4.4.3.3 Resumes
Detailed resumes should be submitted for all management, supervisory
and key personnel to be assigned to the contract. Resumes should be
structured to emphasize relevant qualifications and experience of
these individuals in successfully completing contracts of a similar
size and scope to those required by this RFP. Resumes should clearly
identify previous experience in completing similar contracts.
Beginning and ending dates should be given for each similar contract.
A description of the contract should be given and should demonstrate
how the individual's work on the completed contract relates to the
individual's ability to contribute to successfully providing the
services required by this RFP. With respect to each similar contract,
the bidder should include the name and address of each reference
together with a person to contact for a reference check and a
telephone number.
In the event the bidder must hire or otherwise engage management,
supervisory and/or key personnel if awarded the contract, the bidder
should include a recruitment plan for such personnel. Such
recruitment plan should demonstrate that the bidder will be able to
initiate and complete the contract within the timeframe required by
this RFP.
4.4.3.4 Backup Staff
The bidder should include a list of backup staff that may be called
upon to assist or replace primary individuals assigned. Backup staff
must be clearly identified as backup staff.
In the event the bidder must hire management, supervisory and/or key
personnel if awarded the contract, the bidder should include, as part
of its recruitment plan, a plan to secure backup staff in the event
personnel initially recruited need assistance or must be replaced
during the contract term.
4.4.3.5 Organization Chart (Entire Firm)
The bidder should include an organization chart showing the bidder's
entire organizational structure. This chart should show the
relationship of the individuals assigned the contract to the bidder's
overall organizational structure.
4.4.3.6 Experience of Bidder on Contracts of Similar Size and Scope
The bidder should provide a comprehensive listing of contracts of
similar size and scope that it has successfully completed, as evidence
of the bidder's ability to successfully complete the services required
by this RFP. Emphasis should be placed on contracts that are similar
in size and scope to those required by this RFP. A description of all
such contracts should be included and should show how such contracts
relate to the ability of the firm to complete the services required by
this RFP. For each such contract, the bidder should provide the name
and telephone number of a contact person for the other contract party.
Beginning and ending dates should also be given for each contract.
4.4.3.7 Financial Capability of the Bidder
The bidder should provide proof its financial capacity and
capabilities to undertake and successfully complete the contract. A
certified financial statement for the most recent fiscal year and
current bank reference(s) are acceptable.
4.4.3.8 Subcontractor(s)
4.4.3.8.1 Should the bidder propose to utilize a subcontractor(s) to
fulfill any of its obligations, the bidder shall be responsible for
the subcontractor's(s'): (a) performance; (b) compliance with all of
the terms and conditions of the contract; and (c) compliance with the
requirements of all applicable laws.
4.4.3.8.2 The bidder must provide a detailed description of services
to be provided by each subcontractor, referencing the applicable
Section or Subsection of this RFP.
4.4.3.8.3 The bidder should provide detailed resumes for each
subcontractor's management, supervisory and other key personnel that
demonstrate knowledge, ability and experience relevant to that part of
the work which the subcontractor is designated to perform.
4.4.3.8.4 The bidder should provide documented experience
demonstrating that each subcontractor has successfully performed work
on contracts of similar size and scope to the work that the
subcontractor is designated to perform in the bidder's proposal.
4.4.4 Section 4 - Cost Proposal
4.4.4.1 Second Referral Debt Accounts - Contingency Fee Rates
The bidder shall provide a cost proposal on the attached pricing sheet
for one
or all of the following categories: 1) Tax Debt (price lines 1-6), 2)
Non-Tax
Debt, (price lines 7-12) and 3) Surcharge Debt (price lines 13-18).
These costs
must be provided as both:
a) the individual percentage contingency rate for collections of
all second referral debt cases; and
b) the individual percentage contingency rate for attorney
(second referral debt) collections.
The bidder may choose to bid on any, all, or any combination of the
Tax, Non-Tax, and Surcharge debt collection. However, contractors
currently under primary contract with the State for the collection of
any or all of the above debt cannot submit a bid proposal for that
portion of the debt for which they are currently collecting. The
State may select one or more contractors to handle collections for
each category of debt.
Rates provided must be all inclusive, incorporating all direct and
indirect costs including, but not limited to: fee or profit, travel,
clerical support, safety equipment, materials, supplies, managerial
support, and all documents, forms and reproduction thereof.
4.4.4.2 Other Pricing Considerations
1. No commission shall be paid on any monies collected twelve
(12) months after the termination of the contract.
2. No commission shall be paid on monies collected after the account
has been returned to the State Contract Manager and/or the appropriate
State agency.
3. In any case where an account has been assigned to the contractor
and DOR and/or the appropriate State agency adjust the amount of the
account, the fee generated by the contractor for services rendered
will be calculated on the adjusted amount and not on the original
amount.
4. In any case where an account has been assigned to the contractor
and that account becomes the subject of a bankruptcy, reorganization,
State insolvency, receivership, probate or other proceeding, the
contractor shall immediately refer the case back to DOR and/or the
appropriate State agency. No additional fee shall be paid on the
remaining balance.
5. In any second referral debt case referred to litigation where a
debtor presents a petition in bankruptcy, which lists the second
referral debt among his/her debts, upon presentation of appropriate
proofs, the law firm shall be required to return the case to the
contractor for appropriate handling. The contractor shall be
responsible for any violation of the automatic stay following the
filing of a petition by a debtor. The contractor is not entitled to
any contingent fee on any money that must be returned to the debtor.
6. In any case where an account has been assigned to the contractor
and the contractor has not made any collections within twelve (12)
months of the assignment or any period following the twelve (12) month
assignment, the account shall be returned to DOR and/or the
appropriate State agency. No commission will be paid on money
collected following the return of the account to DOR and/or the
appropriate State agency.
The State will not pay the contractor for collections when the
following conditions exist:
1. The checks paid by the debtors are returned for insufficient funds.
2. If the contractor accepts a check that is returned for insufficient
funds, it shall be the responsibility of the contractor to recover the
funds and the State's insufficient funds (NSF) fee where permitted by
statute, from the debtor, i.e., credit for such a payment will be
reversed on subsequent payment invoices to DOR and/or the appropriate
State agency.
3. Liabilities exist but the contractor is unable to collect any of
the amounts due.
4. The uncollected portion of an account/case where collection action
is suspended either temporarily or permanently by written notification
from the State Contract Manager and/or the appropriate State agency.
5. Amounts by which an account balance is reduced as a result of an
abatement or balance correction made by DOR and/or the appropriate
State agency either on its own or in response to an action made by the
debtor to DOR and/or the appropriate State agency.
6. Payments are posted after the filing of the bankruptcy or received
from a bankruptcy, unless the contractor through a court appearance
was
responsible for confirming and securing the State's position in the
bankruptcy case.
7. Payments are received by DOR and/or the appropriate State agency
prior to the date the account was referred to contractor.
5.0 CONTRACTUAL TERMS AND CONDITIONS
5.1 Precedence of Contractual Terms and Conditions
The contract shall consist of this RFP, addendum to this RFP, the
contractor's bid proposal and the Division's Notice of Acceptance.
Unless specifically noted within this RFP, the RFP's Standard Terms
and Conditions take precedence over the RFP's Special Terms and
Conditions.
In the event of a conflict between the provisions of this RFP,
including the RFP's Standard Terms and Conditions and the RFP's
Special Terms and Conditions, and any Addendum to the RFP, the
Addendum shall govern.
In the event of a conflict between the provisions of this RFP,
including any Addendum to this RFP, and the bidder's bid proposal, the
RFP and/or the addendum shall govern.
5.2 Performance Bond
Not applicable to this procurement.
5.3 Business Registration
Business Registration - See Standard Terms and Conditions, Section
1.1.
5.4 Contract Term and Extension Option
The term of the contract shall be for three 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 three-year term of the contract. The contract
may be extended for additional periods of all or part of one year, by
mutual written consent of the contractor and the Director. The total
time of all combined extensions shall not exceed three years.
5.5 Contract Transition
In the event services end by either contract expiration or
termination, it shall be incumbent upon the contractor to continue
services, if requested by the Director, until new services can be
completely operational. The contractor acknowledges its
responsibility to cooperate fully with the replacement contractor and
the State to ensure a smooth and timely transition to the replacement
contractor. Such transitional period shall not extend more than
ninety (90) days beyond the expiration date of the contract, or any
extension thereof. The contractor will be reimbursed for services
during the transitional period at the rate in effect when the
transitional period clause is invoked by the State.
5.6 Contract Amendment
Any changes or modifications to the terms of the contract shall only
be valid when they have been reduced to writing and executed by the
contractor and the Director.
5.7 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 review, approval, acceptance or
payment for any of the services shall not be construed as a waiver of
any rights that the State may have arising out of the contractor's
performance of this contract.
5.8 Substitution of Staff
If it becomes necessary for the contractor to substitute any
management, supervisory or key personnel, the contractor will identify
the substitute personnel and the work to be performed.
The contractor must provide detailed justification documenting the
necessity for the substitution. Resumes must be submitted evidencing
that the individual(s) proposed as substitution(s) have qualifications
and experience equal to or better than the individual(s) originally
proposed or currently assigned.
The contractor shall forward a request to substitute staff to the
State's Contract Manager for consideration and approval. No
substitute personnel are authorized to begin work until the contractor
has received written approval to proceed from the State Contract
Manager.
5.9 Substitution or Addition of Subcontractor(s)
This Subsection serves to supplement but not to supersede Section 3.11
of the Standard Terms and Conditions of this RFP.
If it becomes necessary for the contractor to substitute and/or add a
subcontractor, the contractor will identify the proposed new
subcontractor and the work to be performed. The contractor must
provide detailed justification documenting the necessity for the
substitution or addition.
The contractor must provide detailed resumes of the proposed
subcontractor's management, supervisory and other key personnel that
demonstrate knowledge, ability and experience relevant to that part of
the work which the subcontractor is to undertake.
In the event a subcontractor is proposed as a substitution, the
proposed subcontractor must equal or exceed the qualifications and
experience of the subcontractor being replaced. In the event the
subcontractor is proposed as an addition, the proposed subcontractor's
qualifications and experience must equal or exceed that of similar
personnel proposed by the contractor in its bid proposal.
The contractor shall forward a written request to substitute or add a
subcontractor to the State Contract Manager for consideration. If the
State Contract Manager approves the request, the State Contract
Manager will forward the request to the Director for final approval.
No substituted or additional subcontractors are authorized to begin
work until the contractor has received written approval from the
Director.
5.10 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 Contract Manager upon thirty (30) days notice
5.11 Data Confidentiality
All financial, statistical, personnel and/or technical data supplied
by the State to the contractor are confidential. The contractor is
required to use reasonable care to protect the confidentiality of such
data. Any use, sale or offering of this data in any form by the
contractor, or any individual or entity in the contractor's charge or
employ, will be considered a violation of this contract and may result
in contract termination and the contractor's suspension or debarment
from State contracting. In addition, such conduct may be reported to
the State Attorney General for possible criminal prosecution.
5.12 News Releases
The contractor is not permitted to issue news releases pertaining to
any aspect of the services being provided under this contract without
the prior written consent of the Director.
5.13 Advertising
The contractor shall not use the State's name, logos, images, or any
data or results arising from this contract as a part of any commercial
advertising without first obtaining the prior written consent of the
Director.
5.14 Licenses and Permits
The contractor shall obtain and maintain in full force and effect all
required licenses, permits, and authorizations necessary to perform
this contract. The contractor shall supply the State's Contract
Manager with evidence of all such licenses, permits and
authorizations. This evidence shall be submitted subsequent to the
contract award. All costs associated with any such licenses, permits
and authorizations must be considered by the bidder in its bid
proposal.
5.15 Claims and Remedies
5.15.1 Claims
All claims asserted against the State by the contractor shall be
subject to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq.,
and/or the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1, et
seq.
5.15.2 Remedies
Nothing in the contract shall be construed to be a waiver by the State
of any warranty, expressed or implied, or any remedy at law or equity,
except as specifically and expressly stated in a writing executed by
the Director.
5.16 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 certain date. If the
contractor cannot meet the contract completion date for any task or
subtask required to be completed by a certain date, the contractor
shall be liable to the State for damages incurred.
5.17 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.
5.18 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 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.
5.19 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.
5.20 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.
6.0 PROPOSAL EVALUATION/CONTRACT AWARD
6.1 Proposal Evaluation Committee
Bid proposals will be evaluated by an Evaluation Committee composed of
members of affected departments and agencies together with
representative(s) from the Purchase Bureau. Representatives from
other governmental agencies may also serve on the Evaluation
Committee. On occasion, the Evaluation Committee may choose to make
use of the expertise of an outside consultant in an advisory role.
6.2 Oral Presentation and/or Clarification of Proposal
A bidder may be required to give an oral presentation to the
Evaluation Committee concerning its bid proposal. The Evaluation
Committee may also require a bidder to submit written responses to
questions regarding its bid proposal.
The purpose of such communication with a bidder, either through an
oral presentation or a letter of clarification, is to provide an
opportunity for the bidder to clarify or elaborate on its bid
proposal. Original bid proposals submitted, however, cannot be
supplemented, changed, or corrected in any way. No comments regarding
other bid proposals are permitted. The bidders may not attend
presentations made by their competitors.
It is within the Evaluation Committee's discretion whether to require
a bidder to give an oral presentation or require a bidder to submit
written responses to questions regarding its proposal. Action by the
Evaluation Committee in this regard should not be construed to imply
acceptance or rejection of a proposal. The Purchase Bureau buyer will
be the sole point of contact regarding any request for an oral
presentation or clarification.
6.3 Evaluation Criteria
The following evaluation criteria categories, not necessarily listed
in order of significance, will be used to evaluate bid proposals
received in response to this RFP. The evaluation criteria categories
may be used to develop more detailed evaluation criteria to be used in
the evaluation process:
6.3.1 The bidder's general approach and plans in meeting the
requirements of this RFP.
6.3.2 The bidder's detailed approach and plans to perform the
services required by the Scope of Work Section of this RFP.
6.3.3 The bidder's documented experience in successfully completing
contracts of a similar size and scope to those required by this RFP.
6.3.4 The qualifications and experience of the bidder's management,
supervisory or other key personnel assigned to the contract, with
emphasis on documented experience in successfully completing work on
contracts of similar size and scope to those required by this RFP.
6.3.5 The overall ability of the bidder to mobilize, undertake and
successfully complete the contract. This judgment will include, but
not be limited to the following factors: the number and
qualifications of management, supervisory and other staff proposed by
the bidder to complete the contract, the availability and commitment
to the contract of the bidder's management, supervisory and other
staff proposed and the bidder's contract management plan, including
the bidder's contract organizational chart.
6.3.6 The Bidder's Cost Proposal
6.4 Contract Award
The contract(s) shall be awarded with reasonable promptness by written
notice to that responsible bidder(s) whose bid proposal(s),
conforming to this RFP, will be most advantageous to the State, price
and other factors considered. Any or all bids may be rejected when
the State Treasurer or the Director of the Division of Purchase and
Property determines that it is in the public interest so to do.
7.0 BIDDER DATA SHEETS, BIDDER(S)' CAPABILITIES, ORGANIZATIONAL
SUPPORT AND EXPERIENCE/TECHNICAL PROPOSAL
Not applicable to this procurement.
8.0 PRICE SHEET(S) AND SUPPORTING DETAIL
Complete pricing sheet in accordance with instructions found in
section 3.0 Scope of Work and section 4.4.4. Cost Proposal
9.0 ATTACHMENTS
ATTACHMENT A - File Layout Required by the Revenue Delinquent Invoice
System (Non-Tax Debt)
ATTACHMENT B - File Layout Required by the Revenue Delinquent Invoice
System (Tax Debt)
ATTACHMENT C - File Layout Required by the Vendor's System (Surcharge
Debt)
ATTACHMENT D - Caseload Background Information (Non-Tax Debt, Tax
Debt,and Surcharge Debt)
ATTACHMENT E - Air Pollution and Right to Know Fine and Penalty
Program Procedures
ATTACHMENT F - Confidentiality Agreement (Non-Tax Debt)
ATTACHMENT G - Confidentiality Agreement (Tax Debt)
ATTACHMENT H - Confidentiality Agreement (Surcharge Debt)
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