Small Business Bonding Readiness Assistance Program

1 Request for Proposal # 2021-RFP-IPM-079 FOR: Small Business Bonding Readiness Assistance Program Event Date Time Bidder’s Electronic Question Due Date (Refer to Section 1.3.1 of this RFP for more information.) THURSDAY FEB. 10, 2022 1:00 PM ET Pre-Proposal Conference (Refer to Section 1.3.2 of this RFP for more information.) N/A N/A Site Visit (Refer to Section 1.3.3 of this RFP for more information.) N/A N/A Proposal Submission Date (Refer to Section 1.3.6 of this RFP for more information.) FRIDAY FEB. 25, 2022 1:00 PM ET Dates are subject to change. All changes will be reflected in Addenda to the RFP posted on the New Jersey Economic Development Authority’s website. Designation Status Category Small Business Set-Aside Not Applicable ☒ Not Applicable ☒ Entire Contract ☐ I ☐ Partial Contract ☐ II ☐ Subcontracting Only ☐ III ☐ Disabled Veteran-Owned Business Set-Aside Not Applicable ☐ Entire Contract ☐ Partial Contract ☐ Subcontracting Only ☐ RFP Issued By: New Jersey Economic

Development Authority Internal Process Management-Procurement 36 West State Street, PO Box 990 Trenton, NJ 08625-0990 Main Reception Desk–Telephone: 609-858-6700 http://www.njeda.com/?utm_source=NJEDA%20website&utm_medium=Email&utm_campaign=Signature 2 Table of Contents INFORMATION FOR BIDDERS ............................................................................................................................................... 4 PURPOSE AND INTENT ...................................................................................................................................................... 4 BACKGROUND .................................................................................................................................................................... 5 KEY EVENTS........................................................................................................................................................................ 6 ELECTRONIC QUESTION AND ANSWER PERIOD ................................................................................................ 6 EXCEPTIONS TO THE AUTHORITY’S CONTRACT FOR PROFESSIONAL SERVICES ............................. 6 PRE-PROPOSAL CONFERENCE ............................................................................................................................. 6 SITE VISIT .................................................................................................................................................................. 6 PROJECTED MILESTONE DATES ........................................................................................................................... 6 TIMELY SUBMISSION OF PROPOSALS .................................................................................................................. 7 SUBMISSION OF PROPOSAL – ELECTRONIC OR HARD COPY .......................................................................... 7 ELECTRONIC PROPOSAL SUBMISSION (STRONGLY PREFERRED) ....................................................... 7 ELECTRONIC SIGNATURE ............................................................................................................................ 7 HARD COPY PROPOSAL SUBMISSION ....................................................................................................... 8 ADDITIONAL INFORMATION .............................................................................................................................................. 9 ADDENDA: REVISIONS TO THIS RFP .................................................................................................................... 9 PROPOSER RESPONSIBILITY ................................................................................................................................. 9 COST LIABILITY ........................................................................................................................................................ 9 CONTENTS OF PROPOSAL – OPEN PUBLIC RECORDS ACT .............................................................................. 9 PROPOSAL SUBMISSION ANNOUNCEMENT ...................................................................................................... 10 PROPOSAL ERRORS – BEFORE & AFTER BID OPENING .................................................................................. 10 JOINT VENTURE ..................................................................................................................................................... 11 SUBCONTRACTORS/SUBCONSULTANTS ........................................................................................................... 11 CONFLICT OF INTEREST ....................................................................................................................................... 12 PROPOSAL ACCEPTANCES AND REJECTIONS ................................................................................................. 12 DEFINITIONS ......................................................................................................................................................................... 12 GENERAL DEFINITIONS ................................................................................................................................................... 12 CONTRACT-SPECIFIC DEFINITIONS .................................................................................................................... 15 SCOPE OF WORK – REQUIREMENTS OF THE VENDOR {CONTRACTOR} .................................................................... 15 BUDGET/ESTIMATED PARTICIPANTS ............................................................................................................................ 15 3.2 CUSTOMIZED WEB-BASED SYSTEM .................................................................................................................................. 16 3.3 SPECIAL NON-LAPSING REVOLVING FUND ....................................................................................................................... 16 3.4 PROJECT MANAGEMENT & TIMELINE/DELIVERABLES FOR PROGRAM & FUND.......................................................... 17 3.5 MARKETING & OUTREACH ................................................................................................................................................... 18 3.6 COMMUNICATIONS AND REPORTING ................................................................................................................................ 19 3.7 INITIAL ORGANIZATIONAL MEETING .................................................................................................................................. 20 3.8 AVAILABILITY OF SERVICES ............................................................................................................................................... 20 PROPOSAL PREPARATION AND SUBMISSION – REQUIREMENTS OF THE PROPOSER ........................................... 21 GENERAL ........................................................................................................................................................................... 21 NON-COLLUSION .................................................................................................................................................... 21 PROPOSAL CONTENT AND SUBMISSION ORDER ........................................................................................................ 22 SECTION A–COVER LETTER (REQUESTED SUBMISSION WITH BID PROPOSAL) ......................................... 22 SECTION B–TECHNICAL PROPOSAL, ORGANIZATIONAL QUALIFICATIONS, EXPERIENCE AND MISCELLANEOUS INFORMATION (MANDATORY SUBMISSION WITH BID PROPOSAL) ................................................. 23 POTENTIAL PROBLEMS .............................................................................................................................. 25 SECTION C – FEE SCHEDULE (MANDATORY SUBMISSION WITH BID PROPOSAL) ...................................... 25 DELIVERY TIME AND COSTS ...................................................................................................................... 25 COLLECT ON DELIVERY (C.O.D.) TERMS ................................................................................................. 26 PRICE ADJUSTMENT ................................................................................................................................... 26 REPORTING ............................................................................................................................................................ 26 SECTION D – REQUIRED COMPLIANCE DOCUMENTATION PRE- AND POST-PROPOSAL SUBMISSION .... 26 SIGNATORY PAGE (MANDATORY FORM WITH BID PROPOSAL-SIGNED) ........................................... 26 OWNERSHIP DISCLOSURE FORM (MANDATORY FORM WITH BID PROPOSAL) ................................ 27 DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM (SHOULD BE FULLY COMPLETED, SIGNED, AND SUBMITTED PRIOR TO CONTRACT AWARD) ........................................................................................ 27 3 DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER FORM (SHOULD BE FULLY COMPLETED, SIGNED, AND SUBMITTED WITH BID PROPOSAL) ................................................................... 27 BUSINESS REGISTRATION CERTIFICATION (BRC) ................................................................................. 27 SOURCE DISCLOSURE CERTIFICATION (SHOULD BE SUBMITTED WITH THE BID PROPOSAL) ....... 28 AFFIRMATIVE ACTION EMPLOYEE INFORMATION .................................................................................. 28 SMALL BUSINESS SET ASIDE .................................................................................................................... 29 DISABLED VETERANS’ BUSINESS SET-ASIDE ......................................................................................... 29 REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (FORMERLY EXECUTIVE ORDER NO. 134) AND EXECUTIVE ORDER NO. 117 (2008). ............................................. 30 POLITICAL CONTRIBUTION DISCLOSURE ................................................................................................ 30 PUBLIC LAW 2018, CHAPTER 9 – DIANE B. ALLEN EQUAL PAY ACT ..................................................... 30 NEW JERSEY STATE W-9 ........................................................................................................................... 31 INSURANCE CERTIFICATE(S)..................................................................................................................... 31 SUBCONTRACTOR UTILIZATION PLAN ..................................................................................................... 31 BID SECURITY .............................................................................................................................................. 31 SPECIAL CONTRACTUAL TERMS AND CONDITIONS ...................................................................................................... 31 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS ................................................................... 31 CONTRACT TERM AND EXTENSION OPTION ................................................................................................................ 32 CONTRACT TRANSITION ................................................................................................................................................. 32 CONTRACT AMENDMENT ................................................................................................................................................ 32 CONTRACTOR RESPONSIBILITIES ................................................................................................................................. 32 SUBSTITUTION OF STAFF ............................................................................................................................................... 32 SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)/SUBCONSULTANT(S) ....................................................... 33 OWNERSHIP OF MATERIAL ............................................................................................................................................. 33 SECURITY AND CONFIDENTIALITY ................................................................................................................................ 34 DATA CONFIDENTIALITY ....................................................................................................................................... 34 CONTRACTOR’S CONFIDENTIAL INFORMATION ..................................................................................... 34 DATA SECURITY STANDARDS .............................................................................................................................. 35 NEWS RELEASES ............................................................................................................................................................. 36 ADVERTISING .................................................................................................................................................................... 37 LICENSES AND PERMITS ................................................................................................................................................. 37 CLAIMS AND REMEDIES .................................................................................................................................................. 37 CLAIMS .................................................................................................................................................................... 37 REMEDIES ............................................................................................................................................................... 37 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS ................................ 37 LIQUIDATED DAMAGES ......................................................................................................................................... 37 ADDITIONAL WORK AND/OR SPECIAL PROJECTS ....................................................................................................... 37 INDEMNIFICATION ............................................................................................................................................................ 38 MAINTENANCE OF RECORDS ......................................................................................................................................... 38 FORM OF COMPENSATION - INVOICING/PAYMENT ..................................................................................................... 38 PROPOSAL EVALUATION ................................................................................................................................................... 39 RIGHT TO WAIVE .............................................................................................................................................................. 39 RIGHT OF FINAL PROPOSAL ACCEPTANCE ................................................................................................................. 39 RIGHT TO INSPECT PROPOSER’S FACILITIES.............................................................................................................. 39 RIGHT TO REQUEST FURTHER INFORMATION ............................................................................................................ 40 PROPOSAL EVALUATION COMMITTEE .......................................................................................................................... 40 ORAL PRESENTATION AND/OR CLARIFICATION OF PROPOSAL ............................................................................... 40 EVALUATION CRITERIA.................................................................................................................................................... 40 QUALIFICATIONS/EXPERIENCE EVALUATION CRITERIA .................................................................................. 40 PROPOSER’S FEE SCHEDULE ............................................................................................................................. 41 PROPOSAL DISCREPANCIES ............................................................................................................................... 41 EVALUATION OF THE PROPOSALS ..................................................................................................................... 41 NEGOTIATION AND BEST AND FINAL OFFER (BAFO) .................................................................................................. 41 PROTEST OF RECOMMENDED AWARD ......................................................................................................................... 42 CONTRACT AWARD ............................................................................................................................................................. 43 CONTRACT ADMINISTRATION ............................................................................................................................................ 44 AUTHORITY’S DESIGNATED CONTRACT MANAGER .................................................................................................... 44 AUTHORITY’S DESIGNATED CONTRACT MANAGER’S RESPONSIBILITIES .................................................... 44 4 INFORMATION FOR BIDDERS This Request for Qualifications/Proposals (RFP) is issued by the New Jersey Economic Development Authority (“Authority”, “EDA”) for the Small Business Bonding Readiness Assistance Program (“the Program”), to be created pursuant to P.L. 2016, c.84 (the “Statute”), Exhibit B. In accordance with the Statute, only non-profit business advocacy associations whose membership is comprised of Small Businesses in need of surety bonding are deemed qualified to respond to this RFP. PURPOSE AND INTENT As stated in the Statute, the Authority is establishing the Program to provide support services to small businesses and to assist small businesses in securing surety bonding so that small businesses may bid on public work projects or perform contracts offered by the State or by the federal government. The purpose of this RFP is to solicit proposals from qualified non-profit business advocacy membership associations with demonstrated prior experience in contracting with other governmental or public entities to administer surety bonding support services under the Program. The awarded association will work in cooperation with the Authority’s staff to establish and implement a statewide program that will provide surety bonding support services and assistance to Small Businesses, so that the businesses can bid more competitively on public works projects or perform contracts offered by the State or federal government. The Program should be comprised of support services and assistance to increase Small Businesses’ bonding knowledge and capacity, better positioning the businesses to qualify for surety bonding. This includes a series of workshops and strategic consulting sessions focused on assisting Small Businesses with improving in the following areas, which should include, but are not limited to: • Accounting and financial presentation • Operational efficiency • Marketing • Surety bonding capacity • Construction and Contract Law • Certification • Financing In addition, the Statute also provides for the Authority to establish and maintain within the Program, a special non-lapsing revolving fund to be known as the “Small Business Bonding Readiness Assistance Fund” (the “Fund”) to administer the Program, provide grant funding to Small Businesses that participate in the Program, and provide grant funding to the non- profit business advocacy membership association awarded the contract. Part of the services to be provided by the selected non-profit business advocacy membership association will be to assist the Authority in establishing the procedures and timelines for applications for the program, criteria for determining grant amounts to be disbursed from the fund, reporting requirements for the Small Businesses accepted into the Program, and any other policies or procedures deemed necessary by the Authority. For this RFP and as defined in the Statute, a “Small Business” means a business engaged in the conduct of a trade or business in this State that qualifies as a “small business concern” within the meaning of the federal "Small Business Act," Pub.L.85-536 (15 U.S.C. s.631 et seq.) for the purpose of the small business’s eligibility for performing a contract offered by the federal government or for assistance from the United States Small Business 5 Administration. “Small Business” shall also include a small business established in this State that is certified, pursuant to federal law, under the United States Small Business Administration’s 8(a) Business Development Program or the HUBZone Program, or as a Small Disadvantaged Business, or as a Section 3 business concern by the United States Department of Housing and Urban Development. The intent of this RFP is to award a two (2) year contract with two (2), one (1) year extension options, to be exercised at the discretion of the Authority and dependent upon availability of funding, to a maximum of up to two (2) responsible Proposer(s) whose Proposal(s), conforming to this RFP is(are) most advantageous to the Authority, price and other factors considered. If 2 contracts awarded the amount will be $250,000.00 each – If one contract is awarded the amount will be $500,000.00. The Authority, however, reserves the right to separately procure individual requirements that are the subject of the contract during the contact term, when deemed to be in the Authority’s best interest. The Appropriations Act of Fiscal Year 2022 -- P.L.2021, c.133 appropriated an amount not to exceed $500,000 for the establishment and maintenance of the Program and Fund. Should additional funding become available to the Authority to support this initiative; these additional monies may be used in addition to the funds indicated above. Future monies are not known at this time. The Authority reserves the right to award in total or in part and reject any and all Proposals when it is determined to be in the best interest of the Authority, price and other factors considered. The Authority’s Contract for Professional Services, please refer to Exhibit A, are in addition to the Terms and Conditions set forth in this RFP and should be read in conjunction with them unless the RFP specifically indicates otherwise. BACKGROUND The New Jersey Economic Development Authority serves as the State’s principal agency for driving economic growth and will be. The s committed to making New Jersey a national model for inclusive and sustainable economic development by focusing on key strategies to help build strong and dynamic communities, create good jobs for New Jersey residents and provide pathways to a stronger and fairer economy. Through partnerships with a diverse range of stakeholders, the Authority creates and implements initiatives to enhance the economic vitality and quality of life in the State and strengthen New Jersey’s long-term economic competitiveness. Since its inception in 1974, the Authority has provided just over $28.4 billion dollars in assistance, to over 13,500 projects. These projects have created an estimated 376,387 jobs within the State. In 2019, the Authority provided over $495 million dollars in assistance to 383 projects and created more than 2,200 new full-time jobs. In fact, since 1979, we’ve developed over 10 million square feet of new and renovated space, valued at more than $1.5 billion dollars. 6 KEY EVENTS ELECTRONIC QUESTION AND ANSWER PERIOD The Authority will electronically accept written questions and inquiries from all potential Proposers via the web at EDAProcurementQA@njeda.com by the date and time shown on Page 1 of this RFP. Phone calls and/or faxes shall not be accepted. The subject line of the e-mail should state: QUESTIONS-2021-RFP-IPM-079-SMALL BUSINESS BONDING READINESS ASSISTANCE PROGRAM A. Questions should be directly tied to the RFP and asked in consecutive order, from beginning to end, following the organization of the RFP and should begin by referencing the RFP page number and section number to which it relates; B. A Proposer must not contact the Authority’s requesting department or any other staff/board member directly, in person, by telephone or by e-mail concerning this RFP prior to the final award; C. All Questions received and Answers given in response to this RFP will be answered in the form of an Addendum. Addenda, if any, will be posted on the Authority’s website, https://www.njeda.com/bidding/ as a separate file attachment, or incorporated into a revised, posted RFP, after the posted cut-off date for electronic questions and inquiries indicated on the RFP cover sheet; and D. Any Amendment to this RFP will become part of this Solicitation and part of any Contract awarded as a result of this RFP. EXCEPTIONS TO THE AUTHORITY’S CONTRACT FOR PROFESSIONAL SERVICES Questions regarding the Authority’s Contract for Professional Services, please refer to Exhibit A, and exceptions or modifications to its mandatory requirements must be requested by the Proposer during this Electronic Question and Answer Period and should contain the Proposer’s suggested changes and the reason(s) for the suggested changes. The Authority shall be under no obligation to grant or accept any requested changes (i.e., exceptions taken) to the specimen form of the Contract and will post all answers in the Addendum. Exceptions and/or modifications to the terms of the RFP and/or Contract submitted with the Proposal, subsequent to the expiration of the Question and Answer Period, will result in the rejection of the Proposer’s Proposal. PRE-PROPOSAL CONFERENCE NOT APPLICABLE SITE VISIT NOT APPLICABLE PROJECTED MILESTONE DATES The following dates are provided to Interested Proposers for planning purposes only. These are estimated timeline dates and do not represent a firm date commitment by which the Authority will take action: mailto:EDAProcurementQA@njeda.com https://www.njeda.com/bidding/ 7 Pre-Proposal Conference: N/A Q&A Period Ends: Thursday, February 10, 2022 @ 1:00 p.m. ET If required, Addendum: Tuesday, February 15, 2022 @ 1:00 p.m. ET Proposals Due: Friday, February 25, 2022 @ 1:00 p.m. ET Estimated Recommendation for Award: Wednesday, May 11, 2022 via Authority Board Scheduled Meeting Estimated Contract Execution: On or about Thursday, June 9, 2022 TIMELY SUBMISSION OF PROPOSALS In order to be considered for award, the Proposal must be received by the Authority at the appropriate location by the required time. Proposals not received prior to the Proposal opening deadline, as indicated on the RFP cover sheet, shall be rejected. If the Proposal opening deadline has been revised, the new RFP opening deadline will be shown on a posted RFP Amendment. SUBMISSION OF PROPOSAL – ELECTRONIC OR HARD COPY In order to be evaluated and considered for award, the Proposal must be received by the Authority at the appropriate location and by the required time indicated on the cover sheet, either electronically or hard copy. ELECTRONIC PROPOSAL SUBMISSION (STRONGLY PREFERRED) Proposers should submit a complete, ELECTRONIC Proposal, in “read only” PDF file format using Adobe Acrobat Reader software that must be viewable by Authority evaluators. The subject line of the RFP submission and any attachments are all to be clearly labeled. EACH electronically uploaded file (Proposal, Attachment Submittals, etc.) submission, should follow the following format: “(Proposer’s Company Name) - Bid Submission-2021-RFP-IPM-079 SMALL BUSINESS BONDING READINESS ASSISTANCE PROGRAM, and the (file/document title)” All RFP electronic Proposal documents must be uploaded to the Authority’s ShareFile system via: https://njeda.sharefile.com/r-r309d7460795547e5ba225f5272938325 It is highly recommended that you initiate the upload of your bid Proposal/submission a minimum of four (4) hours prior to the Proposal Submission due date/time on the front cover to allow some time to identify and troubleshoot any issues that may arise when using the Sharefile application. Technical inquiries may be directed to EDAProcurementQA@njeda.com. NOTE: Any bids received after the date and time specified shall not be considered. All Proposal submissions, once opened, become the property of the Authority and cannot be returned to the Proposer. ELECTRONIC SIGNATURE Proposers submitting Proposals electronically may sign the forms listed in Section 4.0 Proposal Preparation and Submission – Requirements of the Proposer (Required Compliance Documentation Pre- and Post-Proposal Submission). https://njeda.sharefile.com/r-r309d7460795547e5ba225f5272938325 mailto:EDAProcurementQA@njeda.com 8 Pursuant to written policy, the Authority allows documents to be signed electronically and hereby agrees to be bound by such electronic signatures. Proposers submitting Proposals electronically, as signatory to the documents, may sign the forms listed in Section 4.2.4 (Section D - Requested Compliance Documentation Pre & Post Proposal Submission) of this Bid Solicitation, electronically, and agree to be bound by the electronic signatures. The Authority will accept the following types of electronic signatures: (1) Within Microsoft Word, an individual can go to the “Insert” ribbon at the top of the screen, then within the “Text” section go to the “Signature Line” and enter the information, which creates a security procedure/record attributable to the person signing when transmitted via e-mail or other electronic transfer or; (2) Within Adobe Acrobat DC, go to the “Fill & Sign” “Stamps- Dynamics” or “Certificates” within the “Tools” ribbon and enter the information, which creates a security procedure/record attributable to the person signing when transmitted via e-mail or other electronic transfer; or (3) Digital signatures from Adobe Acrobat DC or produced via similar signature authenticating program (i.e., DocuSign or similar software), which creates a security procedure/record attributable to the person signing. By submitting an electronic signature, the Proposer is agreeing to be bound by the electronic signature. Scanned physical signatures will also be accepted, provided that the forms are otherwise properly completed. This practice applies only to Proposals submitted electronically and the forms listed above. Both electronic signatures and scanned physical signatures will also be accepted, provided that the forms are otherwise properly completed. Proposers submitting Proposals in hard copy format must provide forms with original, physical signatures; otherwise the Proposal may be deemed non-responsive per Hard Copy Proposal Submission, Section 1.3.6.3. HARD COPY PROPOSAL SUBMISSION If submitting a hard copy Proposal, a sealed Proposal must be delivered by the required date and time indicated on the cover sheet, in order to be considered for award to the following: Steven Ferguson Procurement Officer NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY 36 WEST STATE STREET PO BOX 990 TRENTON NEW JERSEY 08625-0990 The exterior of all Proposal packages is to be clearly labeled with the Proposal title, bid opening date and time, and the Proposer’s Name and Address: 2021-RFP-IPM-079 SMALL BUSINESS BONDING READINESS ASSISTANCE PROGRAM FRIDAY, FEBRUARY 25, 2022 @ 1:00 p.m. ET Submit one (1) ink signed, original hard copy Proposal with all the required documentation and signatures in ink, and one (1) copy marked “COPY”. Proposals submitted by facsimile will not be considered. ANY PROPOSAL NOT RECEIVED ON TIME AT THE LOCATION INDICATED, WILL BE AUTOMATICALLY REJECTED. THE AUTHORITY WILL NOT BE RESPONSIBLE FOR LATE 9 POSTAL OR DELIVERY SERVICE. THE POSTMARK DATE WILL NOT BE CONSIDERED IN HONORING THE BID DATE RECEIPT AND TIME. The Authority shall not be responsible for any delivery/postal service’s failure to deliver in a timely manner. A Proposer using U.S. Postal Service regular or express mail services should allow additional time to ensure timely receipt of Proposals since the U.S. Postal Service does not deliver directly to the Authority. Directions to the Authority’s Trenton location can be found at the following web address: https://www.njeda.com/about/ at the bottom of the screen under the “Locations” section of the website. Any Proposal received after the date and time specified shall not be considered, whether submitted electronically or in hard copy. ADDITIONAL INFORMATION ADDENDA: REVISIONS TO THIS RFP In the event that it becomes necessary to clarify or revise this RFP, such clarification or revision will be by Addendum. Any Addendum to this RFP will become part of this RFP and part of any contract awarded as a result of this RFP. ALL RFP ADDENDA WILL BE ISSUED ON THE AUTHORITY’S WEB SITE. TO ACCESS ADDENDA, THE PROPOSER MUST LOCATE THE PROPOSAL NUMBER OF INTEREST AT https://www.njeda.com/bidding/ - “Business Support Administrative Goods and Services - Bidding Opportunities”. There are no designated dates for release of Addenda. Therefore, all interested Proposers should check the Authority’s "Bidding Opportunities" website on a daily basis from time of RFP issuance through the Proposal submission opening. It is the sole responsibility of the Proposer to be knowledgeable of all Addenda related to this procurement. PROPOSER RESPONSIBILITY The Proposer assumes sole responsibility for the complete effort required in submitting a Proposal in response to this RFP. No special consideration will be given after Proposals are opened because of a Proposer’s failure to be knowledgeable as to all requirements of this RFP Solicitation. COST LIABILITY The Authority assumes no responsibility and bears no liability for costs incurred by a Proposer in the preparation and submittal of a Proposal in response to this RFP Solicitation. CONTENTS OF PROPOSAL – OPEN PUBLIC RECORDS ACT The Authority, as an instrumentality of the State of New Jersey, is subject to the New Jersey Open Public Records Act (N.J.S.A. 47:1A-1.1 et seq.), as amended and including all applicable regulations and policies and applicable case law, including the common law right to know. Subsequent to the Proposal submission opening, all information submitted by Proposer in response to a solicitation is considered public information, notwithstanding any disclaimers to the contrary submitted by a Bidder. When the RFP contains a negotiation component, the Proposal will not be subject to public disclosure until a conditional Notice of Award is issued. https://www.njeda.com/about/ https://www.njeda.com/bidding/ 10 As part of its Proposal, a Bidder may designate any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion. The location in the Proposal of any such designation should be clearly stated in a cover letter. A Bidder shall not designate any price lists and/or catalogs submitted as exempt from public disclosure. Any proprietary and/or confidential information in the Bidder’s Proposal will be redacted by the Authority. A Bidder may designate specific information as not subject to disclosure pursuant to the exceptions to OPRA found at N.J.S.A. 47:1A-1.1, when the Proposer has a good faith legal and/or factual basis for such assertion. The Authority reserves the right to make the determination as to what is proprietary or confidential, and will advise the Proposer accordingly. The Authority will not honor any attempt by a Proposer to designate its entire Proposal as proprietary, confidential and/or to claim copyright protection for its entire Proposal. Copyright law does not prohibit access to a record which is otherwise available under OPRA. In the event of any challenge to the Proposer’s assertion of confidentiality with which the Authority does not concur, the Proposer shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Bidder. The Authority assumes no such responsibility or liability. PROPOSAL SUBMISSION ANNOUNCEMENT On the date and time Proposals are due under the RFP, only the names and addresses of the Proposer(s) submitting Proposals will be publicly announced and the contents of the Proposals shall remain proprietary and/or confidential, pursuant to Negotiation and Best and Final Offer (BAFO) Section 6.8, until the Conditional/Notice of Intent to Award is issued. NOTE: All Proposal submissions, once publicly opened, become the property of the Authority and cannot be returned to the Proposer. PROPOSAL ERRORS – BEFORE & AFTER BID OPENING A Proposer(s) may withdraw its Proposal as described below: A Proposer(s) may request that its Proposal be withdrawn prior to the Proposal submission opening. Such request must be made, in writing, via e-mail to the IPM Procurement Department at email: EDAProcurementQA@njeda.com, with a reference to company name, RFP number, RFP Title, a Proposal identifier if one was applied, Proposal submission date, and method of Proposal submission (i.e., electronic version or hard copy delivery). The written withdrawal request must be signed and submitted by a duly authorized representative of the Proposing entity to be valid. In the event the Proposer withdraws its bid Proposal in person, a business card and proper identification must be presented. Proposals so withdrawn will be returned to the Proposer unopened. If the withdrawal request is granted, the Proposer(s) may submit a revised Proposal as long as the Proposal is received prior to the announced date and time for Proposal submission and at the place specified. If, after the Proposal submission opening but before contract award, a Proposer(s) discovers an error in its Proposal, the Proposer(s) may make a written request to the IPM Procurement Department for authorization to withdraw its Proposal from consideration for award. Evidence of the Proposer’s good faith in making this request shall be used in making the determination. The factors that will be considered are that the mistake is so significant that to enforce the contract resulting from the Proposal would be unconscionable; that the mistake relates to a material feature mailto:EDAProcurementQA@njeda.com 11 of the contract; that the mistake occurred notwithstanding the Proposer’s exercise of reasonable care; and that the Authority will not be significantly prejudiced by granting the withdrawal of the Proposal. After the Proposal submission opening, while pursuant to the provisions of this section, the Proposer may request to withdraw the Proposal and the Authority may, in its sole discretion allow the Proposer to withdraw it, the Authority also may take notice of repeated or unusual requests to withdraw by a Proposer(s) and take those prior requests to withdraw into consideration when evaluating the Proposer(s) future bids or Proposals. If during a Proposal evaluation process an obvious pricing error made by a potential contract awardee is found, the Authority shall issue written notice to the Proposer(s). The Proposer(s) will have five (5) days after receipt of the notice to confirm its pricing. If the Proposer fails to respond, its Proposal shall be considered withdrawn, and no further consideration shall be given it. If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing other than a disparity between the unit price and extended price and the Proposer’s intention is not readily discernible from other parts of the Proposal, the IPM Procurement Department may seek clarification from the Proposer(s) to ascertain the true intent of the Proposal. JOINT VENTURE The Authority will NOT consider Proposals submitted by joint ventures, in the performance of the Work for this RFP. Proposers shall note that any and all reference to “joint venture(s)”, “joint venture partner(s)”/“joint venture partnership(s)” in any documents included as a part of the RFP specifications, exhibits or attachments shall be read as though the words are stricken and removed. SUBCONTRACTORS/SUBCONSULTANTS For purposes of this RFP, the Authority will consider Proposals submitted which may employ the use of Subcontractors and/or subconsultants to satisfy the requirements and deliverables required of the resulting contract. See Proposer’s Checklist – Subcontractor Utilization Form, complete & submit, if applicable. The Contractor shall be fully responsible to the Authority for the acts and omissions of its Subcontractors and/or subconsultants, and of persons either directly or indirectly employed by them, as the Contractor is responsible for the acts and omissions of persons directly employed by the Contractor. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contracts Documents in so far as applicable to the Work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Authority may exercise over the Contractor under any provision of the Contract Documents. Proposers should note that the Contractor retains the sole and absolute responsibility for the management and supervision of all Subcontractors to a high quality of service. Such Subcontractors must possess a valid “Business Registration Certificate”, as further detailed in “Section 4.2.4.5 Compliance – Business Registration Certificate” of this RFP. Additionally, the Contractor assumes sole and absolute responsibility for all payments and monies due to its Subcontractors. Nothing contained in this RFP and subsequent Contract shall create any contractual relation between any Subcontractor and the Authority. 12 CONFLICT OF INTEREST Proposer must indicate and detail any Conflict of Interest that exists with either their personnel or any Subcontracting personnel being utilized for these services. Such conflicts include a direct, familial, or personal monetary interest or any previous or existing personal/professional relationships with the Authority and any personnel assigned to work on the Authority’s account, regarding these requisite services. If such a Conflict of Interest exists with any vendor personnel or any Subcontracting personnel being utilized for these services, the Proposer must disclose such possible conflicts in the Proposal. Should a conflict(s) be found to exist, whether real or perceived, the Authority, in its sole discretion, shall determine whether it is a conflict(s) and the individual(s) involved are to be immediately removed. PROPOSAL ACCEPTANCES AND REJECTIONS The Authority’s staff reserves the right to reject any and all Proposals, if deemed to be in the best interest of the Authority, to request redefined Proposals from any entity responding to this RFP, to schedule interviews with no Proposers, all Proposers, or only the most highly qualified Proposers, as determined by the Authority; or to request clarifications of any portion of the Proposal received. Further, the Authority’s staff reserves the right, at its sole discretion, to waive minor elements of non-compliance of any entity’s Proposal, regarding the requirements outlined in this RFP. The Authority retains the discretion to modify, expand or delete any portion of this RFP or terminate this RFP process at any time. DEFINITIONS GENERAL DEFINITIONS The following definitions will 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 Authority. All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food. Amendment – An alteration or modification of the terms of a contract between the Authority and the Contractor(s). An amendment is not effective until approved in writing by the Authority. Authority – The New Jersey Economic Development Authority. Best and Final Offer or BAFO – Pricing submitted by a Proposer upon invitation by the Authority after Proposal opening, with or without prior discussion or negotiation. Bid or Proposal – Proposer’s timely response to the RFP including, but not limited to, the technical Proposal, fully completed Fee Schedule, and any licenses, forms, certifications, or other documentation required by the RFP. Bidder – An individual or business entity submitting a Proposal in response to this RFP. Board of Directors – Responsible for the management of all New Jersey Economic Development Authority operations. 13 Business Day – Any weekday, excluding Saturdays, Sundays, Authority legal holidays, and State- mandated closings unless otherwise indicated. Calendar Day – Any day, including Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated. Contract – The Contract for Professional Services – Exhibit A, this RFP, any addendum to this RFP, and the Bidder’s Proposal submitted in response to this RFP, as accepted by the Authority. Contractor – The Bidder/Proposer awarded a contract resulting from this RFP. Chief Executive Officer (CEO) – The Individual, or his/her designee, who has authority as the Chief Contracting Officer for the New Jersey Economic Development Authority. Designated Contract Manager – Individual responsible for the overall management and administration of the contract and Contractor relationship. Director – The Director of Internal Process Management Department, New Jersey Economic Development Authority. Disabled Veterans’ Business – means a business which has its principal place of business in the State, is independently owned and operated and at least 51% of which is owned and controlled by persons who are disabled veterans or a business which has its principal place of business in this State and has been officially verified by the United States Department of Veterans Affairs as a service disabled veteran-owned business for the purposes of department contracts pursuant to federal law. N.J.S.A. 52:32-31.2. Disabled Veterans’ Business Set-Aside Contract – means a contract for goods, equipment, construction or services which is designated as a contract with respect to which bids are invited and accepted only from disabled veterans’ businesses, or a portion of a contract when that portion has been so designated. N.J.S.A. 52:32-31.2. Evaluation Committee – A committee established, or Authority staff member assigned by the requesting department, to review and evaluate Proposals submitted in response to this RFP and to recommend a contract award to the CEO and/or the Board of Directors. Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs. No additional fees or costs shall be paid by the Authority unless there is a change in the scope of work. Internal Process Management Procurement (IPM Procurement) – The Department of the New Jersey Economic Development Authority responsible for the tasks and activities associated with procurement. Joint Venture – A business undertaking by two or more entities to share risk and responsibility for a specific project. May – Denotes that which is permissible, not mandatory. Must – Denotes that which is a mandatory requirement. Failure to meet a mandatory material requirement will result in the rejection of a Proposal as non-responsive No Charge – The Proposer will supply an item on a price line free of charge. 14 Proposer - An individual or business entity submitting a Proposal in response to this RFP. Project – The undertaking or services that are the subject of this RFP. Request for Qualification/Proposal (RFP) – This series of documents, which establish the bidding and Contract requirements and solicits Proposals to meet the needs of the Authority, as identified herein, and includes the Request for Qualifications/Proposal, Sample Contract, fee/price schedule, attachments and addenda. Retainage – The amount withheld from the Contractor’s payment that is retained and subsequently released upon satisfactory completion of performance milestones by the Contractor. Revision – A response to a BAFO request or a requested clarification of the Proposal. Shall – Denotes that which is a mandatory requirement. Failure to meet a mandatory material requirement will result in the rejection of a Proposal as non-responsive. Should – Denotes that which is recommended, not mandatory. Small Business Set-Aside Contract – means (1) a contract for goods, equipment, construction or services which is designated as a contract with respect to which bids are invited and accepted only from small businesses, or (2) a portion of a contract when that portion has been so designated. N.J.S.A. 52:32-19. State – The State of New Jersey. Subtasks – Detailed activities that comprise the actual performance of a task. Subcontractor/Subconsultant – An entity having an arrangement with an Authority Contractor, where by the Authority Contractor uses the products and/or services of that entity to fulfill some of its obligations under its Authority contract, while retaining full responsibility for the performance of all of its (the Contractor's) obligations under the contract, including payment to the Subcontractor/Subconsultant. The Subcontractor/Subconsultant has no legal relationship with the Authority, only with the Contractor. Task – A discrete unit of work to be performed. TOR (Task Order Request) – A Task Order is issued for the performance of tasks/services. In TOR-based solicitations, a TOR is a description of the individual task/service for which proposals and quotes will be solicited. Transaction - The payment or remuneration to the Contractor for services rendered or products provided to the Authority pursuant to the terms of the contract, including but not limited to the following: purchase orders, invoices, hourly rates, firm fixed price, commission payments, progress payments and contingency payments. Unit Cost or Unit Price – All inclusive, firm fixed price charged by the Proposer for a single unit identified on a price line. Vendor - An individual or business entity submitting a Proposal in response to this RFP. Will – Denotes that which is permissible or recommended, not mandatory. 15 CONTRACT-SPECIFIC DEFINITIONS Association – a Non-Profit Business Advocacy Association. Fund – the Small Business Bonding Readiness Assistance Fund established by P.L.2016, c.84 (N.J.S.A. 34:1B-253). Non-Profit Business Advocacy Association – a not-for-profit association that has membership comprised of Small Businesses in need of surety bonding. For purposes of this definition, membership means that the association grants small businesses certain benefits in return for paying the association a fee. Program – the Small Business Bonding Readiness Assistance Program established by P/L/2016, c.84 (N.J.S.A. 34:1B-253). Small Business – a business engaged in the conduct of a trade or business in this State that qualifies as a “small business concern” within the meaning of the federal "Small Business Act," Pub.L.85-536 (15 U.S.C. s.631 et seq.) for the purpose of the small business’s eligibility for performing a contract offered by the federal government or for assistance from the United States Small Business Administration; or a business established in this State that is certified, pursuant to federal law, under the United States Small Business Administration’s 8(a) Business Development Program or the HUBZone Program, or as a Small Disadvantaged Business, or as a Section 3 business concern by the United States Department of Housing and Urban Development. SCOPE OF WORK – REQUIREMENTS OF THE VENDOR {CONTRACTOR} The Authority is seeking proposals from a qualified Non-Profit Business Advocacy Association (“Association”) with demonstrated prior experience in contracting with other governmental or public entities to administer surety bonding support services. The awarded Association will assist the Authority’s staff in establishing and implementing a statewide program that will provide surety bonding support services and assistance to Small Businesses, so that the businesses can bid more competitively on public works projects or perform contracts offered by the State or federal government. The Program should be comprised of support services and assistance to increase Small Businesses’ bonding knowledge and capacity, better positioning the businesses to qualify for surety bonding. This includes a series of workshops and strategic consulting sessions created and administered by the Association with input from the Authority, focused on assisting Small Businesses with improving in the following areas, which should include, but are not limited to: • Accounting and financial presentation • Operational efficiency • Marketing • Surety bonding capacity • Construction and Contract Law • Certification • Financing BUDGET/ESTIMATED PARTICIPANTS The Appropriations Act of Fiscal Year 2022 -- P.L.2021, c.133 , appropriated an amount not to exceed $500,000 for the establishment and maintenance of the Program and Fund. Should additional funding become available to the Authority to support this initiative; these 16 additional monies may be used in addition to the funds indicated above. The Authority has determined that a minimum of 40% of the overall Program budget shall be budgeted to provide Small Business tuition grants. If additional funding becomes available for this program, 40% of the total Fund budget shall continue to be appropriated for tuition grants. The Authority estimates the Program should “graduate” a minimum of 60 Small Businesses - per awardee - over a 12-month period and each 12- month period from launch date of the program, defined as the first day in which applications are being accepted. Proposers shall note that the Authority does not guarantee these spending levels and reserves the right to increase and / or decrease the budget allotment, at any time, throughout the term of the contract and any extensions thereto, with all pricing, terms, conditions and specifications of the original contract and accepted proposal remaining in effect. 3.2 CUSTOMIZED WEB-BASED SYSTEM As part of administering the Program, the Proposer should demonstrate the ability to design a customized web-based system that would be used by the Proposer to manage and administer the Program, that Small Businesses would access for Program-related materials or as a resource for additional information, and that the Proposer and/or the Authority could use in generating reports on overall program participation. This web-based system should serve the following functions and have the following minimum basic capabilities: • Host the Program application and serve as the primary channel through which Small Businesses will apply to the Program • Maintenance of a calendar of events and/or a schedule of classes/workshops • Ability for participants to upload pertinent files, and the Proposer to access and review such files in the process of providing consultation. • Videos/webinars of workshops/classes • Ability to generate and provide reports to NJEDA to detail participation by Small Businesses in the Program. 3.3 SPECIAL NON-LAPSING REVOLVING FUND In addition to the Program, the Statute also requires the Authority to create and administer a special non-lapsing revolving fund to be known as the “Small Business Bonding Readiness Assistance Fund” to administer the Program, provide grant funding to Small Businesses that successfully complete the Program, and provide grant funding to the Association for providing the Small Businesses with support services and assistance. The Authority intends to provide grant funding with Fund proceeds in the form of a tuition grant, disbursed following the successful completion of the Program, to offset the cost to the Small Business for participating in the Program. The Authority has determined that a minimum of 40% of the overall Program budget shall be budgeted to the Small Business tuition grants. For example, based on the current expected Fund balance of $250,000 per entity, at least $100,000 per entity must be budgeted for tuition grants. If additional funding becomes available for this program, 40% of the total Fund budget shall continue to be appropriated for tuition grants. Eligibility guidelines for the tuition grant will be recommended by the Contractor as part of its services to be provided under the contract and such guidelines will be reviewed, modified (if necessary), and approved by the Authority in its sole discretion as required by the Statute. The Contractor will also be responsible for reviewing applications for the Tuition Grant program and will make recommendations for the Authority’s final approval, per the Statute. 17 These guidelines should include, but may not be limited to: A. The applicant’s potential for bonding; B. Need for financial assistance; C. Financial presentation 3.4 PROJECT MANAGEMENT & TIMELINE/DELIVERABLES FOR PROGRAM & FUND The Small Business Bonding Readiness Assistance Program should commence immediately upon the execution of the Contract for Professional Services, or as directed by the Authority’s Designated Contract Manager, based on its business needs. It is important that the successful Contractor move forward systematically and expeditiously to set-up and launch the Program and Revolving Fund to the Small Business community. The Authority is requesting pricing for three (3) project phases, per the Fee Schedule. It is critical that the Proposer provide timelines and completion dates for each Phase of the project. Phase I: Initial Set-Up & Development One-time tasks necessary for the preparation, set-up and pre-launch of the Program. No more than 10% of the $250,000 should be allocated to this phase. Minimum deliverables: A. Development of a proactive and comprehensive recruitment plan to ensure the minimum of 60 qualified participants will “graduate” annually. This can be broken up into multiple classes throughout the year. B. Development of Learning Materials/Application for Training Program. C. Development of the Materials/Application for Tuition Grants. D. Development of Web-Based System. E. If applicable, any other tasks identified by the proposer necessary to successfully launch the program. Phase II: Launch & Implementation On-going operating costs related to the Program, following its launch. This phase must incorporate the costs to serve 60 graduates a year. Minimum deliverables for Service Capabilities: A. Proposer’s plans to market the Program to make Small Businesses aware of their existence, including any on-going tasks related to training, consultation and tuition grants provided to Small Businesses. B. Intake procedures outlining the process by which a Small Business would apply for the Program, and the process by which the Proposer would screen and evaluate potential applications for acceptance into the Program. This process must include obtaining a current tax clearance certificate from each program participant prior to the start of the curriculum. No participant will be permitted to participate without a current tax clearance certificate and pre-approval from designated EDA staff. 18 C. The process by which a Small Business would apply for tuition grants through the Fund, and the process by which the Proposer would screen and evaluate potential applications for tuition assistance through the Fund, which would subject to the Authority’s final approval in its sole discretion. D. Estimate of how many Small Businesses are expected to: • “Graduate” the Program within a 12-month period from the launch date of the Program. • Receive tuition grants through the Fund within a 12-month period from the launch date of the Fund. • Benefit from accessing information and resources made publicly available by the Proposer without formally enrolling in the Program. E. Proposed curriculum for the Program, with information on subject matter covered and requirements on behalf of the Small Businesses, as well as the estimated timeframe, to successfully complete the Program. Must factor in the ability to hold classes virtually as well as in person. Proposers should be open to making their best attempts to service diverse, underserved, small businesses of need. F. Information on the location and time of day that training will be administered to maximize participation. G. If applicable, any existing partnerships or relationships between the Proposer and surety agencies or other subject matter experts and how these partnerships will add value to the Program and its participants. H. If applicable, any other tasks identified by the proposer necessary to successfully implement this phase. Phase III: Post Launch Monitoring Minimum deliverables: A. Tasks related to reporting from the Proposer to the Authority regarding participation in the Program and Fund, including the milestones achieved by Program graduates, if applicable. B. Client Surveys or any other information that measures client feedback regarding the effectiveness of the programs. C. If applicable, any other tasks identified by the proposer necessary to implement this phase. 3.5 MARKETING & OUTREACH Subject to the Authority’s review, modification (if any) and approval, in its sole discretion, the Contractor will:  Co-brand and market the Services in conjunction with the Authority;  Collaborate with the Authority to communicate entrepreneur and small business success stories;  Create and provide collateral and training materials which present / indicate that the Contractor’s “in partnership” with the Authority. The Authority, in its sole determination, shall have the final approval on this artwork, representation and logo;  Provide access to the prospective Small Business client through: 19 • Contractor maintaining and updating the web-based portal weekly to reflect the most current information; • E-mail communications (inquiries and responses); and • In-person contact (i.e. walk-in inquiries, workshops, meet and greets, presence at events, etc.); In cooperation with the Authority, market the Services available to interested parties and other interested parties through the use of:  Personal contact in response to inquiries;  Networking events and workshops;  Internet;  Social media (i.e. Facebook, Twitter, Linked In);  Newspaper advertisements;  Radio advertisements; and  E-mail blasts. 3.6 COMMUNICATIONS AND REPORTING The awarded Association(s) will be required to provide a written Quarterly report and complete a Quarterly report form, to the Authority summarizing actions and progress towards deliverables for the duration of the contract. This form will be discussed at the kickoff meeting At a minimum, the report should include: A. Prior to launch of the Program, progress toward setup and launch of the Program, where launch is defined as the first day in which applications are made available to the public. B. Following launch of the Program, summary of level of participation in the Program as of the time of the report, including: o List of active participants enrolled in the Program o List of participants that received tuition grants through the Fund and for what amount. o List of graduates from the Program and any milestones achieved by the graduates related to successfully bidding on contracts or obtaining surety bonding. C. Throughout duration of contract, summary of funds expended to date, including the reporting timeframe and year-to-date total. In addition, on an as-needed basis, the Authority, in conjunction with the firm’s designated Lead Account Manager or “Back-Up” Lead Account Manager, will have a call to address timelines, bottlenecks and requirements, as they are identified. No additional compensation will be provided for participating in this call or for preparing and submitting the requisite reports. Responding firms must consider the costs associated with these activities when completing the Fee Schedule. Submission of purchase orders, confirmations, and/or invoices do not fulfill this contract requirement for information. Failure to report this mandatory information may be a factor in future award decisions. 20 3.7 INITIAL ORGANIZATIONAL MEETING The Contractor shall attend an Initial Organizational Meeting with the Authority’s designated staff. The Initial Organizational Meeting will be held within seven (7) business days of executing the Contract for Professional Services. The purpose of the meeting is to allow the Contractor (and any staff assigned to perform work against the resulting contract) the opportunity to meet with the Authority’s designated staff members, to gain a clearer understanding of the performance expectations and to review the Authority’s requisite timelines. The Authority’s Designated Contract Manager will guide the meeting and address any issues. The Contractor will be required to present its preliminary “Performance Timeline/Program Implementation Schedule” at this meeting, to summarize its approach to providing the requisite services, as well as corresponding timeframes to implement each of the various programs/services to be offered. In support of Small Businesses and recognizing the “challenges” they face, the Authority, in its sole discretion, reserves the right to make adjustments to the Consultant Firm’s proposed “Performance Timeline/Program Implementation Schedule”, to ensure timely and efficient delivery of services to interested business entities. This meeting will be held at the Authority’s offices located at 36 West State Street, Trenton. The Authority, in its sole discretion, may permit certain, limited staff members of the Contractor to participate via teleconference, should travel to the Authority’s offices be prohibitive. The Authority will make every effort to schedule the meeting at a mutually convenient time; however, the Authority will make the sole determination regarding the date and time to ensure maximum participation by the Authority’s staff. 3.8 AVAILABILITY OF SERVICES It is possible that a limited number of the Contractor’s staff may be required to provide a nominal portion of the requisite services (i.e. meeting with senior executive staff, senior managers, etc.) outside of normal business hours in order to accomplish the requisite schedule and dates for completion of the Work. For purposes of this RFP, “normal business hours” are defined as Monday through Friday, between the hours of 8:00 AM and 5:00 PM, exclusive of Authority holidays. Interested Firms should consider the need for such limited work to be performed outside of normal business hours and include such costs when preparing its “Fee Schedule”. It is the Authority’s intent to minimize these instances, whenever possible. However, in the event the Firm fails to accommodate the Authority’s need for After-Hours Work on two (2) or more instances; the Consultant Firm will be considered to be non-responsive to the needs of the Authority. As such, the Authority may cancel the contract for cause. 21 PROPOSAL PREPARATION AND SUBMISSION – REQUIREMENTS OF THE PROPOSER Failure to submit information as indicated below may result in your Proposal being deemed non- responsive. GENERAL Proposals that conflict with those terms and conditions contained in this RFP or the Authority's Contract for Professional Services, Exhibit A, as may be amended by addenda, or that diminish the Authority’s rights under any contract resulting from the RFP will result in the entire Proposal being rejected. The Authority is not responsible for identifying conflicting terms and conditions before issuing a contract award. In the event that prior to the notice of intent to award, the Authority notifies the Proposer of any such term or condition and the conflict it poses, the Authority may require the Proposer to either withdraw it or withdraw its Proposal. After award of contract: A. if a conflict arises between a supplemental term or condition included in the Proposal and a term or condition of the RFP, the term or condition of the Authority's Contract for Professional Services, Exhibit A and/or the Authority’s RFP will prevail; and B. if the result of the application of a supplemental term or condition included in the Proposal would diminish the Authority’s rights, the supplemental term or condition will be considered null and void. The Proposer is advised to thoroughly read and follow all instructions contained in this RFP, including the instructions on the RFP’s Signatory Page, in preparing and submitting its Proposal. Use of URLs in a Proposal should be kept to a minimum and may not be used to satisfy any material term of an RFP. NON-COLLUSION By submitting a Proposal and signing the Signatory Page, the Proposer certifies as follows: A. The price(s) and amount of its Proposal have been arrived at independently and without consultation, communication or agreement with any other Contractor, Proposer or potential Proposer; B. Neither the price(s) nor the amount of its Proposal, and neither the approximate price(s) nor approximate amount of this Proposal, have been disclosed to any other entity or person who is a Proposer or potential Proposer, and they will not be disclosed before the Proposal submission; C. No attempt has been made or will be made to induce any entity or person to refrain from bidding on this contract, or to submit a Proposal higher than this Proposal, or to submit any intentionally high or noncompetitive Proposal or other form of complementary Proposal; D. The Proposal of the entity is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any entity or person to submit a complementary or other noncompetitive Proposal; and E. The Proposer, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last five (5) years been 22 convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. The forms discussed herein for Business Support Administrative Services Bidding Opportunities and required for submission of a Proposal in response to this RFP are available on the Authority’s website at https://www.njeda.com/bidding/ see RFP Proposer Checklist – 2021-RFP-IPM-079 SMALL BUSINESS BONDING READINESS ASSISTANCE PROGRAM, unless noted otherwise. PROPOSAL CONTENT AND SUBMISSION ORDER A Proposal must contain the following documentation, as noted and should be submitted in one (1) volume and that volume divided into four (4) separate sections with the content of the material labeled and located behind each tab, as indicated below: One Volume Section A (REQUESTED SUBMISSION WITH BID PROPOSAL) Cover Letter Section B* (MANDATORY SUBMISSION WITH BID PROPOSAL) Technical Proposal; Organizational Qualifications; Experience; and Miscellaneous Information. Section C* (MANDATORY SUBMISSION WITH BID PROPOSAL) Fee Schedule Section D Required Compliance Documentation Signatory Page*; Ownership Disclosure*; Disclosure of Investment Activities in Iran**; Disclosure of Investigations and Other Actions Involving the Bidder**; New Jersey Business Registration Certificate (BRC)**; Source Disclosure Certification**; Employee Information Report (Form AA302)/Affirmative Action**; Small Business Set Aside: Set-Aside Information Form**; Set-Aside Compliance Certificate**; Two-Year Chapter 51/Executive Order 117 Vendor Certification**; New Jersey Taxpayer W-9 Form**; Insurance Certificate(s)**; and Subcontractor Utilization Form**. Items that are Mandatory Submission with Bid Proposal are denoted *. Items that are Mandatory Submission Before Contract Award are denoted **. SECTION A–COVER LETTER (REQUESTED SUBMISSION WITH BID PROPOSAL) All Respondents should submit a cover letter, which includes the full company name and address of the entity performing the services described in this RFP, and the name, e-mail address and telephone number for the individual who will be the primary contact person for the responding Proposer for this engagement. Also indicate the state of incorporation, whether the Proposer is https://www.njeda.com/bidding/ 23 operating as an individual proprietorship, partnership, or corporation, including the identification of any and all Subcontractors/Sub-consultants. SECTION B–TECHNICAL PROPOSAL, ORGANIZATIONAL QUALIFICATIONS, EXPERIENCE AND MISCELLANEOUS INFORMATION (MANDATORY SUBMISSION WITH BID PROPOSAL) In this section, the Proposer must set forth its understanding of the requirements of this RFP and its ability to successfully complete the contract. The Proposer shall describe its approach and plans for accomplishing the work outlined in the Scope of Work, Section 3.0. The Proposer must include information relating to its organization, personnel, and experience, including, but not limited to, references, together with contact names and telephone numbers, evidencing the Proposer’s qualifications, and capabilities to perform the services required by this RFP. This section of the Proposal must, at a minimum, contain the information identified below: Submit your Technical Proposal as Section B in the following order: I. Description & Documentation of Proposer’s Prior Experience and Qualifications; II. Management Overview and Technical Approach to Achieve the Scope of Work; III. Organization Chart, if applicable and not a sole proprietor; IV. Key Team Member List, if applicable and not a sole proprietor; V. Resumes of Key Team Members; VI. References (minimum of three references are required); and VII. Financial Capability of the Proposer. The Proposer should include the level of detail it determines necessary to assist the evaluation committee in its review of Bidder’s Proposal. I. Description & Documentation of Proposer’s Prior Experience and Qualifications If the Proposer is submitting a Proposal that includes a Subcontractor(s), detail the Subcontractor’s specific role for this project, how they will interface with the Proposer’s staff and complete a Subcontractor/Subconsultant Utilization Form. See Proposer’s Checklist. II. Management Overview and Technical Approach to Achieve the Scope of Work A. The Proposer shall set forth its overall technical approach and plans to meet the requirements of the RFP in a narrative format, in order to convince the Authority that the Proposer understands the objectives that the engagement is intended to meet, the nature of the required work and the level of effort necessary to successfully complete the engagement. This narrative should convince the Authority that the Proposer’s general approach and plans to undertake and complete the engagement are appropriate to the tasks and subtasks involved. • The Proposer shall clearly demonstrate that it meets the statutory definition of a Non-Profit Business Advocacy Association, whose membership is comprised of Small Businesses in need of surety bonding. Specifically, this includes: Proof of Proposer’s non-profit status and business advocacy efforts. • Proof that the Proposer actively recruits and maintains membership within the organization. This should include information on the cost for membership in the organization and the benefits that membership affords a participating member. • Information reflecting the recognized need for surety bond services among the membership served by the organization. B. The Proposer shall provide a discussion/rationale for why any proposed solution(s) will best meet the needs of the authority; and 24 C. The Proposer shall also set forth a detailed work plan indicating how each task in the Scope of Services, Section 3.0, will be accomplished, including an outline of a proposed meeting schedule with Authority staff and timeline for key milestones and completion of scope of work. III. Organization Chart, if applicable (not required for a sole proprietor) Provide an organization chart that must include all key team members, their labor category, and titles for this engagement. For the purposes of this engagement, a “key team member” is identified as having a responsible role in the successful completion of the services requested pursuant to this RFP and who generally spends or is expected to spend twenty (20) percent or more of his/her time on this engagement. If the Proposer has access to additional professional resources, such as Subject Matter Experts (SMEs), who are technically and/or professionally qualified, the Proposer should list these additional resources in its Proposal, and include the individual(s) on the Organization Chart. Note: If the Proposal submission includes a “key team member that is a Subcontractor(s) and/or Subconsultant(s)”, the “Organization Chart” must clearly indicate that they are a Subcontractor(s) and/or Subconsultant(s), and submit a completed Subcontractor/ Subconsultant Utilization form (See Proposer’s Checklist). IV. Key Team Member List, if applicable (not required for a sole proprietor) The Proposer must list each key team member who will be utilized for this contract by name and title. Note: If the Proposal submission includes a “key team member that is a Subcontractor(s) and/or Subconsultant(s)”, the “Organization Chart” must clearly indicate that they are a Subcontractor(s) and/or Subconsultant(s), and submit a completed Subcontractor/ Subconsultant Utilization form (See Proposer’s Checklist). V. Resumes/Bios of Key Team Members A resume/bio for each key team member must be included. VI. References The Proposer must provide at least three (3) client references applicable to the scope of services, including contact names, telephone numbers and e-mail addresses. VII. Financial Capability of the Proposer A. In order to provide the Authority with the ability to judge the Proposer’s financial capacity and capabilities to undertake and successfully complete the contract, the Proposer should submit certified financial statements which include a balance sheet, income statement, and statement of cash flow, and all applicable notes for the most recent calendar year or the Proposer’s most recent fiscal year. If financial statements are not available, the Proposer is to provide either a reviewed or compiled statement from an independent accountant setting forth the same information required for the certified financial statements, together with a certification from the Chief Executive Officer and the Chief Financial Officer, that the financial statements and other information included in the statements fairly present in all material respects the financial condition, results of operations and cash flows of the 25 Proposer as of, and for, the periods presented in the statements. In addition, the Proposer should submit a bank reference; B. If the information is not supplied with the Proposal, the Authority may still require the Proposer to submit it. If the Proposer fails to comply with the request within three (3) business days, the Authority may deem the Proposal non-responsive; C. A Proposer may designate specific financial information as not subject to disclosure if the Proposer provides a good faith legal/factual basis for such assertion. The Proposer may submit the specific financial documents in a separate file clearly marked “Confidential- Financial Information”; and D. The Authority reserves the right to make the determination to accept the assertion. POTENTIAL PROBLEMS The Proposer must set forth a summary of any and all problems that the Proposer anticipates during the term of the contract. For each problem identified, the Proposer should provide its proposed solution. SECTION C – FEE SCHEDULE (MANDATORY SUBMISSION WITH BID PROPOSAL) The Proposer must submit its pricing using the format set forth on the Fee Schedule accompanying this RFP. Proposers are NOT permitted to alter or change the provided Fee Schedule format/category designations, except to add additional lines in a category heading, if applicable. Any additional or supplemental versions of the Authority-supplied Fee Schedule will not be accepted and may result in the Proposer’s Proposal deemed non-responsive. The Appropriations Act of Fiscal Year 2022 – P.L.2021, c.133, appropriated an amount not to exceed $500,000 for the establishment and maintenance of the Program and Fund. Should additional funding become available to the Authority to support this initiative; these additional monies may be used in addition to the funds indicated above. The Authority has determined that a minimum of 40% of the overall Program budget shall be budgeted to providing Small Business tuition grants. For example, based on the current expected Fund balance of $250,000, at least $100,000 must be budgeted for tuition grants. If additional funding becomes available for this program, 40% of the total Fund budget shall continue to be appropriated for tuition grants. As needed and if monies are appropriated, the Proposer may also be retained by the Authority to provide additional services relating to the Work required under this contract. Therefore, the Proposer must indicate hourly rates for related services in Section 2 of the Fee Schedule, outside the scope of work. If the Proposer will supply an item on a price line free of charge, the Proposer must indicate “No Charge” on the Authority-supplied Fee Schedule accompanying this RFP Solicitation. The use of any other identifier may result in the Proposer’s Proposal being deemed non-responsive. DELIVERY TIME AND COSTS A. Unless otherwise noted elsewhere in the RFP, all prices for items in Proposals shall be submitted Freight on Board (F.O.B.) Destination. Proposals submitted other than F.O.B. Destination may not be considered. Regardless of the method of quoting shipments, the 26 Contractor shall assume all costs, liability and responsibility for the delivery of merchandise in good condition to the Authority; and B. F.O.B. Destination does not cover “spotting” but does include delivery inside the Authority unless otherwise specified. No additional charges will be allowed for any additional transportation costs resulting from partial shipments made at the Contractor’s convenience when a single shipment is ordered. COLLECT ON DELIVERY (C.O.D.) TERMS C.O.D. terms are not acceptable as part of a Proposal and will be cause for rejection of a Proposal. PRICE ADJUSTMENT Pricing shall remain firm throughout the term of the contract and any extensions, thereto. REPORTING Proposer must supply a sample Quarterly report indicating the detail that would be included. At a minimum, the report should include: • Indicate Phase with all dates and summary detail, per the Proposer’s response schedule. • Progress toward deliverables. • Summary of funds expended to date and year-to-date total. A monthly call with the Designated Authority Contact Manager and the Proposer’s assigned Account Manager. SECTION D – REQUIRED COMPLIANCE DOCUMENTATION PRE- AND POST-PROPOSAL SUBMISSION Unless otherwise specified, forms must contain an original, physical signature, or an electronic signature pursuant to Section 1.3.6.2 of this RFP Solicitation. SEE BELOW and PROPOSER’s CHECKLIST for Compliance Documentation required to be submitted WITH the Bid Proposal (MANDATORY FORM WITH BID PROPOSAL-SIGNED). ALL other Compliance Documentation, not deemed “Mandatory Form With Bid Proposal”, are required prior to contract award; however, it is preferred and encouraged that Proposers submit ALL Compliance Documentation with the Bid Proposal, if possible. SIGNATORY PAGE (MANDATORY FORM WITH BID PROPOSAL-SIGNED) The Proposer shall complete, including signature of an authorized representative of the Proposer, and submit the Signatory Page accompanying this RFP. If the Proposer is a limited partnership, a Signatory Page must be signed by each general partner. Failure to comply will result in rejection of the Proposal. Note: A Proposer’s written signature on the Signatory Page will NOT serve as a certifying signature on any other Mandatory Compliance forms required. Each mandatory compliance document must be individually signed. 27 OWNERSHIP DISCLOSURE FORM (MANDATORY FORM WITH BID PROPOSAL) Pursuant to N.J.S.A. 52:25-24.2, in the event the Proposer is a corporation, partnership or sole proprietorship, the Proposer must complete an Ownership Disclosure Form. A current completed Ownership Disclosure Form must be received prior to or accompany the submitted Proposal. A Proposer’s failure to submit the completed form with its Proposal will result in the rejection of the Proposal as non-responsive and preclude the award of a contract to said Proposer. If any ownership change has occurred within the last six (6) months, a new Ownership Disclosure Form must be completed and submitted with the Proposal. NOTE: If the Proposer is a partnership or a limited liability corporation, an Ownership Disclosure form must be completed by each general partner. Failure to comply may result in rejection of the Proposal. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM (SHOULD BE FULLY COMPLETED, SIGNED, AND SUBMITTED PRIOR TO CONTRACT AWARD) Pursuant to N.J.S.A. 52:32-58, the Proposer must utilize this Disclosure of Investment Activities in Iran form to certify that neither the Proposer, nor one of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither the Proposer, nor one of its parents, subsidiaries, and/or affiliates, is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the Proposer is unable to so certify, the Proposer shall provide a detailed and precise description of such activities as directed on the form. A Proposer’s failure to submit the completed and signed form before contract award will be deemed non-responsive and preclude the award of a contract to said Proposer. NOTE: If the Proposer is a partnership or a limited liability corporation partnership, each Disclosure of Investment Activities in Iran form must be signed by a general partner. Failure to comply may preclude the award of a contract. DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER FORM (SHOULD BE FULLY COMPLETED, SIGNED, AND SUBMITTED WITH BID PROPOSAL) It is highly recommended the Proposer submit the Disclosure of Investigations and Other Actions Involving Bidder Form, with its Proposal, to provide a detailed description of any investigation, litigation, including administrative complaints or other administrative proceedings, involving any public sector clients during the past five (5) years, including the nature and status of the investigation, and, for any litigation, the caption of the action, a brief description of the action, the date of inception, current status, and, if applicable, disposition. If a Bidder does not submit the form with the Proposal, the Bidder must comply within seven (7) business days of a request by the Authority or the Authority may deem the Proposal non-responsive. BUSINESS REGISTRATION CERTIFICATION (BRC) In accordance with N.J.S.A. 52:32-44(b), a Proposer and its named Subcontractors must have a valid Business Registration Certificate (“BRC”) issued by the Department of Treasury, Division of Revenue and Enterprise Services, prior to the award of a contract. To facilitate the Proposal evaluation and contract award process, the Proposer should submit a copy of its valid BRC and those of any named Subcontractors with its Proposal. A Proposer otherwise identified by the Authority as a responsive and responsible Bidder, inclusive of any named Subcontractors, but that was not business registered at the time of submission of its Proposal must be so registered and in possession of a valid BRC by a deadline to be specified in 28 writing by the Authority. A Bidder who fails to comply with this requirement by the deadline specified by the Authority will be deemed ineligible for contract award. Under any circumstance, the Authority will rely upon information available from computerized systems maintained by the State as a basis to verify independently compliance with the requirement for business registration. http://www.state.nj.us/treasury/revenue/busregcert.shtml . A Proposer receiving a contract award as a result of this procurement and any Subcontractors named by that Proposer will be required to maintain a valid business registration with the Division of Revenue and Enterprise Services for the duration of the executed contract, inclusive of any contract extensions. Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L. 2001, c.134 (N.J.S.A. 52:32-44 et al.) or subsection e. or f. of section 92 of P.L. 1977, c. 110 (N.J.S.A. 5:12-92), or that provides false information of business registration under the requirements of either those sections, shall be liable for a penalty of $25 for each day off violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency or under a casino service industry enterprise contract. SOURCE DISCLOSURE CERTIFICATION (SHOULD BE SUBMITTED WITH THE BID PROPOSAL) It is highly recommended that Source Disclosure Certification be submitted with the Bid Proposal. Pursuant to N.J.S.A. 52:34-13.2, all of the Authority’s contracts, prior to an award of Contract primarily for services, shall be performed within the United States. Pursuant to the statutory requirements, the intended Contractor of an Authority contract must disclose the location by country where services, including subcontracted services, will be performed. The Proposer must complete and submit the Source Disclosure Form accompanying this RFP. The Proposer’s inclusion of the completed Source Disclosure Form with the Proposal is requested and advised. If a Proposer does not submit the form with the Proposal, the Proposer must comply within seven (7) business days of a request by the Authority or the Authority may deem the Proposal non-responsive. If any of the services cannot be performed within the United States, the Proposer shall state with specificity the reasons why the services cannot be so performed. The Authority shall determine whether sufficient justification has been provided by the Proposer to form the basis of his or her certification that the services cannot be performed in the United States. The Source Disclosure Form is located on the Authority’s website at https://www.njeda.com/bidding/. BREACH OF CONTRACT A SHIFT TO PROVISION OF SERVICES OUTSIDE THE UNITED STATES DURING THE TERM OF THE CONTRACT SHALL BE DEEMED A BREACH OF CONTRACT. If, during the term of the contract, the Contractor or Subcontractor, who had on contract award declared that services would be performed in the United States, proceeds to shift the performance of any of the services outside the United States, the Contractor shall be deemed to be in breach of its contract. Such contract shall be subject to termination for cause, unless such shift in performance was previously approved by the Authority. AFFIRMATIVE ACTION EMPLOYEE INFORMATION The intended awardee must submit a copy of a New Jersey Certificate of Employee Information Report, or a copy of Federal Letter of Approval verifying it is operating under a federally approved or sanctioned Affirmative Action program. Intended awardee(s) not in possession of either a New Jersey Certificate of Employee Information Report or a Federal Letter of Approval must complete the Affirmative Action Employee Information Report (AA-302), by following its corresponding http://www.state.nj.us/treasury/revenue/busregcert.shtml https://www.njeda.com/bidding/ 29 instructions for submission and payment by check, which are located at the Public Contracts website for Equal Employment Opportunity (EEO)/Affirmative Action (AA): https://www.nj.gov/treasury/contract_compliance/index.shtml; or alternatively, Vendors have an option for online submission and payment, following the electronic filing instructions at: https://www.nj.gov/treasury/contract_compliance/index.shtml. SMALL BUSINESS SET ASIDE In accordance with the requirements of N.J.A.C. 17:13 and N.J.A.C. 17:14, as amended, the Authority is required to develop a Set-Aside business plan for Small Business Enterprises (SBEs). The Authority encourages the participation of SBE firms as registered with the New Jersey Department of Treasury, Division of Revenue and Enterprise Services – Business Services Bureau for the services subject to this RFP. Information regarding SBE registration and/or a Minority/Women Business Enterprise (MWBE), a Veteran-Owned Business (VOB) and/or a Disabled Veteran-Owned Business Enterprise (DVOB) certification can be obtained by contacting the Office of Business Services at (609) 292-2146 or at their offices at 33 West State Street, PO Box 820, Trenton, NJ 08625-0820 or on-line, via the State’s Business website at: https://www.njportal.com/DOR/SBERegistry/ There are two (2) related forms listed in the RFP Proposer Checklist to be completed and submitted, prior to contract award. These forms include: Set Aside Information Form-Goods & Services and the Set-Aside Compliance Certificate-Goods & Services Contracts. The Proposer may submit the Proposer’s Small Business Enterprise (SBE) Certificate, if applicable. DISABLED VETERANS’ BUSINESS SET-ASIDE Pursuant to the Set-Aside provisions of N.J.S.A. 52:32-31 Disabled Veterans’ Businesses are encouraged to submit a response. The Business must be registered as a qualifying Disabled Veterans’ Business with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit by the date the Proposal is received and opened. Evidence that the Business has registered as a Disabled Veterans’ Business should be submitted with the Proposal. Proposers should verify its Small, Minority, Veteran, Women and Disabled Veterans’ Business Certification status. The Business should provide, as part of its response, proof of its current registration as a qualifying Disabled Veterans’ Business with the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit. Information, registration requirements and application are available by contacting the agency at: New Jersey Department of the Treasury Division of Revenue and Enterprise Services PO Box 455 Trenton, NJ 08646 Telephone: 609-292-2146 A downloadable paper application is available at: https://www.nj.gov/njbusiness/documents/contracting/DVOB%20Web%20Application.pdf ** IF THE BUSINESS HAS PREVIOUSLY REGISTERED OR BEEN CERTIFIED AS A DISABLED VETERANS’ BUSINESS, THE VENDOR {BIDDER} SHOULD ENSURE IT IS REGISTERED AND THAT ITS REGISTRATION IS ACTIVE WITH THE DIVISION OF REVENUE AND ENTERPRISE SERVICES, SMALL BUSINESS REGISTRATION AND M/WBE CERTIFICATION SERVICES UNIT, PRIOR TO THE PROPOSAL OPENING DATE, TO BE ELIGIBLE FOR AWARD. https://www.nj.gov/treasury/contract_compliance/index.shtml https://www.nj.gov/treasury/contract_compliance/index.shtml https://www.njportal.com/DOR/SBERegistry/ https://www.nj.gov/njbusiness/documents/contracting/DVOB%20Web%20Application.pdf 30 REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (FORMERLY EXECUTIVE ORDER NO. 134) AND EXECUTIVE ORDER NO. 117 (2008). a) The Authority shall not enter into a contract to procure from any Business Entity services or any material, supplies or equipment, or to acquire, sell or lease any land or building, where the value of the transaction exceeds $17,500, if that Business Entity has solicited or made any contribution of money, or pledge of contribution, including in-kind contributions, to a candidate committee and/or election fund of any candidate for or holder of the public office of Gover