Clinical Simulation Software - Nursing

Page| 1 RFP No: 3-17-2-23 CSS Clinical Simulation Software - Nursing Proposal Due Date: March 29, 2023 11:00 AM Page| 2 HUDSON COUNTY COMMUNITY COLLEGE 26 Journal Square, Jersey City New Jersey 07306 REQUEST FOR PROPOSALS Hudson County Community College (“HCCC” or “College”) hereby seeks proposals from qualified vendors for: Clinical Simulation Software - Nursing All quotation proposal responses must be submitted in a sealed envelope and delivered to the HUDSON COUNTY COMMUNITY COLLEGE Attention: Jeff Roberson, Jr. Director of Contracts and Procurement 26 Journal Square, 14th Floor Jersey City, New Jersey 07306 on or before the date and time indicated below. The envelope to bear the following information: Title: Clinical Simulation Software Proposal No. RFP No: 3-17-2-23 CSS Name and Address of the Respondent Attention: Jeff Roberson, Jr. Director of Contracts and Procurement 26 Journal Square, 14th Floor Jersey City, New Jersey 07306 Due Date: March 29, 2023 Due Time: 11:00 AM

Submission of Proposals—US Postal Service/Delivery Service All potential respondents are encouraged to send their responses through the US Postal Service via certified mail/overnight delivery or other recognized delivery service that provides certification of delivery to the sender. Jeff Roberson, Jr. Director of Contracts and Procurement Page| 3 Ethics in Purchasing Statement to Vendors HUDSON COUNTY COMMUNITY COLLEGE RESPONSIBILITY Recommendation of Purchases It is the desire of the College to have all College employees and officials practice exemplary ethical behavior in the procurement of goods, materials, supplies, and services. College officials and employees who recommend purchases shall not extend any favoritism to any vendor. Each recommended purchase should be based upon the quality of the items, service, price, delivery, and other applicable factors in full compliance with applicable law. Solicitation/Receipt of Gifts – Prohibited College officials and employees are prohibited from soliciting and receiving funds, gifts, materials, goods, services, favors, and any other items of value from vendors doing business with the College or anyone proposing to do business with the College. VENDOR RESPONSIBILITY Offer of Gifts, Gratuities -- Prohibited Any vendor doing business or proposing to do business with the Hudson County Community College shall neither pay, offer to pay, either directly or indirectly, any fee, other things of value, or compensation, nor offer any gift, gratuity, or other thing of value of any kind to any official or employee of the College or any member of the official’s or employee’s immediate family. Vendor Influence -- Prohibited No vendor shall cause to influence or attempt to cause to influence, any official or employee of the College, in any manner which might tend to impair the objectivity or independence of judgment of said official or employee. VENDOR CERTIFICATION Vendors or potential vendors will be asked to certify that no official or employee of Hudson County Community College or immediate family members are directly or indirectly interested in this request or have any interest in any portions of profits thereof. The vendor participating in this request must be an independent vendor and not an official or employee of the College. Page| 4 Jeff Roberson, Jr. Director of Contracts and Procurement HUDSON COUNTY COMMUNITY COLLEGE General Conditions and Specifications 1. AFFIRMATIVE ACTION—EQUAL EMPLOYMENT OPPORTUNITY IN PUBLIC SCHOOLS Each company shall submit to the College, after notification of award, but prior to execution of a goods and services contract, one of the following three (3) documents: • Appropriate evidence that the contractor is operating under an existing federally approved or sanctioned affirmative action program; • A certificate of Employee Information Report approval issued in accordance with N.J.A.C.17:27-4; or • The successful bidder (respondent) shall complete an Employee Information Report, Form AA-302, and submit it to the Division of Purchase and Property Contract Compliance and Audit Unit with a check or money order for $150.00 made payable to the Treasurer, State of NJ and forward a copy of the form and check/money order to the College. Upon submission and review by the Division, the Report shall constitute evidence of compliance with the regulations. Please note: A completed and signed Affirmative Action Questionnaire is requested with submission of bid/proposal. However, the College will accept in lieu of the Questionnaire, Affirmative Action Evidence in the form of a current Certificate of Employee Information Report submitted with the bid/proposal. If awarded a contract your company/firm will be required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq., and the terms and conditions of the Mandatory Equal Employment Opportunity Language—Exhibit A. All respondents are requested to submit with their response, a copy of their firm’s Certificate of Employee Information Report. Failure to submit the Certificate or other required documents prior to the execution or award of contract may result in the rejection of the bid/proposal. 2. AMERICANS WITH DISABILITIES ACT The contractor must comply with all provisions of the Americans with Disabilities Act (ADA), P.L 101-336, in accordance with 42 U.S.C. S121 01 et seq. 3. AMERICAN GOODS The College intends to purchase, wherever available, and practical, goods and materials manufactured in the United States Page| 5 4. ANTI-DISCRIMINATION PROVISIONS—N.J.S.A. 10:2-1 N.J.S.A. 10:2-1. Anti-discrimination provisions. Every contract for or on behalf of the State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that: a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates; b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex; c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract. No provision in this section shall be construed to prevent Hudson County Community College from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.). 5. BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44) Pursuant to N.J.S.A. 52:32-44, the College is prohibited from entering into a contract with an entity unless the proposer has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury. Request of the College All companies providing responses for this proposal are requested to submit with their response package a copy of their “New Jersey Business Registration Certificate” as issued by the Department of Treasury of the State of New Jersey. The College reminds all respondents that failure to submit the New Jersey Business Registration Certificate prior to the award of the contract may result in the rejection of the proposal. During the course of contract performance: http://njlaw.rutgers.edu/cgi-bin/njstats/getnjstat3.cgi?yr=1985&chap=490 Page| 6 • The contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with valid proof of business registration. • The contractor shall maintain and submit to the College a list of subcontractors and their addresses that may be updated from time to time. • The contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609)292-6400. Before final payment is made under the contract, the contractor shall submit to Hudson County Community College a complete and accurate list of all subcontractors used and their addresses. N.J.S.A. 54:49-4.1: Violations of Registration Requirements; Penalties. 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 (C.52:32-44 et al.) or subsection e. or f. of section 92 of P.L.1977, c.110 (C.5:12- 92), or that provides false information of business registration under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of 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. 6. OFFICE OF THE NEW JERSEY STATE COMPTROLLER – Records Access/Retention Contractors/vendors doing business with the College are reminded of the following legal requirements pertaining to the Office of the New Jersey State Comptroller: • Access to Relevant Documents and Information—N.J.S.A. 52:15C-14 (d) Private vendors or other persons contracting with or receiving funds from a unit in the Executive branch of State government, including an entity exercising executive branch authority, independent State authority, public institution of higher education, or unit of local government or Hudson County Community College shall upon request by the State Comptroller provide the State Comptroller with prompt access to all relevant documents and information as a condition of the contract and receipt of public monies. The State Comptroller shall not disclose any document or information to which access is provided that is confidential or proprietary. If the State Comptroller finds that any person receiving funds from a unit in the Executive branch of State government, including an entity exercising executive branch authority, independent State authority, public institution of higher education, or unit of local government or Hudson County Community College refuses to provide information upon the request of the State Comptroller, or otherwise impedes or fails to cooperate with any audit or performance review, the State Comptroller may recommend to the contracting unit that the person be subject to termination of their contract, or temporarily or permanently debarred from contracting with the contracting unit. • Maintenance of Contract Records—N.J.A.C. 17:44-2.2 Relevant records of private vendors or other persons entering into contracts with covered entities are subject to audit or review by OSC pursuant to N.J.S.A. 52:15C-14(d). The contractor/vendor to whom a contract has been awarded shall maintain all documentation related to products, transactions or services under this http://njlaw.rutgers.edu/cgi-bin/njstats/getnjstat.cgi?yr=2001&chap=134 http://njlaw.rutgers.edu/cgi-bin/njstats/getnjstat.cgi?yr=1977&chap=110 Page| 7 contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. • College Requirement In addition to, and independent of, the requirements of N.J.S.A. 52:15C-14 (d) and N.J.A.C. 17:44-2.2, the contractor shall also maintain and make any or all books and records related to products transactions or services rendered under this contract, available to the College upon request. 7. DEBARMENT, SUSPENSION, OR DISQUALIFICATION – N.J.A.C. 17:19-1.1 et seq. The College will not enter into a contract for work with any person, company or firm that is on the State Department of Labor and Workforce Development; Prevailing Wage Debarment List, or the State of New Jersey Consolidated Debarment Report (www.state.nj.us/treasury/debarred). Pursuant to N.J.S.A. 52:32-44.1 (a), any person that is debarred at the federal level from contracting with a federal government agency shall be debarred from contracting for any public work in this State. The Hudson County Community College will verify the certification by consulting • New Jersey Department of Treasury – Consolidated Debarment Report • NJ Department of Labor and Workforce Development– Prevailing Wage Debarment List • Federal Debarred Vendor List—System for Award Management (SAM.gov/exclusion) 8. DOCUMENTS TO BE SUBMITTED All participants in this quotation process must submit the following documents within the time required by law: • Affirmative Action Evidence; • Assurance of Compliance; • Contractor Vendor Questionnaire/Certification; • Statement of Ownership Disclosure • Non-Collusion Affidavit • Quotation Proposal Form • Disclosure of Investment Activities in Iran • Disclosure of Investment Activities in Russia and Belarus 9. EQUAL PRICES Pursuant to N.J.S.A. 18A:64A-25.20 when two or more contractors submit equal prices and the prices are the lowest responsible quotes, the College may award the contract to the vendor whose response, at the discretion of the College, is the most advantageous, price and other factors considered. 10. INSURANCE AND INDEMNIFICATION The vendor or contractor to whom the contract is awarded for any service work or construction work shall secure, pay the premiums for and keep in force until the contract expires, insurance of the types and amounts listed below: http://www.state.nj.us/treasury/debarred Page| 8 • Commercial General Liability with a $3,000,000 and $5,000,000 General Aggregate per each occurrence for Bodily Injury, Personal and Advertising Injury, Property Damage and Products Liability. • Automobile Liability with a $1,000,000 Combined Single Limit of Liability for Bodily Injury and Property Damage per accident. Automobile liability insurance shall be included to cover any vehicle used by the insured. • Cyber Security and Privacy Liability with a $1,000,000 per occurrence or claim. Other Insurance Coverage $ 100,000 Pollution Cleanup $ 50,000 Fire Damage $ 5,000 Medical Expense $4,000,000 Excess Umbrella Liability $1,000,000 Sexual Harassment, Abuse or Molestation Insurance Certificate – When Required The vendor/contractor must present to the College an insurance certificate in the above types and amounts before any work or service begins. The certificate holder shall be as follows: HUDSON COUNTY COMMUNITY COLLEGE c/o Director of Contracts and Procurement 26 Journal Square, 14th Floor Jersey City, New Jersey 07306 Additional Insured Claim – The policies shall be endorsed to name Hudson County Community College as an Additional Insured. The vendor/contractor shall include the following clause on the insurance certificate. “HUDSON COUNTY COMMUNITY COLLEGE is named as an additional insured” WORKERS COMPENSATION Evidence of adequate Workers Compensation Insurance as required by the laws of the State of New Jersey and the United States must be available for perusal. The minimum limits are the following unless a greater amount is required by law: Bodily Injury by Accident $1,000,000 Each Accident Bodily Injury by Disease $1,000,000 Policy Limit Bodily Injury by Disease $1,000,000 Each Employee Contract Liability Same as General Liability Indemnification The contractor shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the College and its agents, representatives, employees, trustees, and members, from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses (including, but not limited to, attorney’s fees) in connection therewith on account of the loss of life or property or injury or damage to any person, body or property of any person or persons whatsoever, which shall arise from or result Page| 9 directly or indirectly from the work and/or materials supplied under this contract and the performance by contractor of services under the contract or by a party for whom the contractor is liable. This indemnification obligation is not limited by but is in addition to, the insurance obligations contained in this agreement. The Contractor is to assume all liability of every sort incident to the work, including property damage caused by him or his men or by any subcontractor employed by him or any of the subcontractor’s men. 11. INSURANCE; PROFESSIONAL LIABILITY – X Required Not Required Including the Commercial Liability, Automobile Liability, Sexual Harassment, Abuse or Molestation coverage, the successful respondent to whom the contract is awarded shall secure, pay the premiums for and keep in force until the contract expires, insurance of the types and amounts listed below: Professional Liability Insurance Certificate with the following limits: $1,000,000 Errors & Omissions Insurance or Professional Liability $3,000,000 Aggregate Other insurance coverage required when providing medical services: Medical Malpractice--$1,000,000 The successful respondent shall provide to the College an insurance certificate with the name as to the certificate holder shall be as follows: HUDSON COUNTY COMMUNITY COLLEGE c/o The Purchasing Department 26 Journal Square, 14th Floor Jersey City, New Jersey 07306 12. IRAN DISCLOSURE OF INVESTMENT ACTIVITIES- Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must certify that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Vendors must review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. If the College determines that a person or entity has submitted a false certification concerning its engagement in investment activities in Iran under section 4 of P.L.2012, c.25 (C.52:32-58), the College shall report to the New Jersey Attorney General the name of that person or entity, and the Attorney General shall determine https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf Page| 10 whether to bring a civil action against the person to collect the penalty prescribed in paragraph (1) of subsection a. of section 5 of P.L.2012, c.25 (C.52:32-59). In addition, proposers must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes on the lower portion of the enclosed form. The College has provided within the specifications, a Disclosure of Investments Activities certification form for all persons or entities, that plan to submit a bid, respond to a proposal, or renew a contract with the College, to complete, sign and submit with the proposal. The Disclosure of Investment Activities in Iran Form is to be completed, certified and submitted prior to the award of the contract. 13. NON-COLLUSION AFFIDAVIT A notarized Non-Collusion Affidavit shall be submitted with the proposal. The respondent has to certify that they have not directly or indirectly, entered into any agreement, participated in any collusion, discussed any or all parts of this proposal with any potential proposers, or otherwise taken any action in restraint of free, competitive bidding in connection with the above-named bid and that all statements contained in the said proposal and this affidavit are true and correct, and made with full knowledge that the College relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said bid. The respondent has to further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees of bona fide established commercial or selling agencies maintained by the respondent. The College has provided a Non-Collusion Affidavit form here within the specifications package. All respondents are to complete, sign, have the signature notarized and submit the form with the proposal response. Failure to submit the Non-Collusion Affidavit with the proposal may be cause for the disqualification of the proposal. 14. NOTICE (AUTHORIZATION) TO PROCEED The contractor shall not perform any work, or provide any services, materials, or supplies until a Notice (Authorization) to Proceed is received from the College. The College only recognizes the receipt by the vendor of an approved signed purchase order as a Notice to Proceed along with a formal award letter from the Director of Contracts & Procurement. No word of mouth, phone, fax, e-mail, letter or other forms of communication to proceed is a valid Notice. 15. PAYMENTS Every effort will be made to pay vendors and contractors within thirty (30) to sixty (60) days provided the Hudson County Community College receives the appropriate documentation including but not limited to: Page| 11 • Signed voucher by the vendor • Packing slips, and • Invoices and Payment will be rendered upon completion of services or delivery of full order to the satisfaction of the College unless otherwise agreed to by written contract or mandated by State Law. The College may, at its discretion make partial payments. All payments are subject to approval by the College at a public meeting. Payment may be delayed from time to time depending on the College’s meeting schedule. 16. QUOTATION PROPOSAL FORM All quotations are to be written in by typewriter or ink in a legible manner on the Quotation Proposal Form. Any quotation price showing any erasure alteration must be initialed by the contractor in ink. Failure to initial any erasure alteration will be cause to disqualify that particular quotation price. The Quotation Proposal Form must be duly signed by the authorized representative of the company. If the Quotation Proposal Form contains more than one sheet, the contractors are requested to affix the company name and address on each additional sheet. The College requires all documents to be signed with original signatures. The College will not accept facsimile, electronic or rubber-stamped signatures. The Hudson County Community College will not consider any quotation on which there is any alteration or departure from the quotation specifications. Contractors are not to make any changes to the Quotation Proposal Form. If contractors do make changes to the quotation proposal form it will be cause to disqualify that particular quotation. The College will not accept more than one quotation per item. 17. RIGHT TO KNOW LAW All potentially hazardous materials or substances must be properly labeled in full accordance with the New Jersey Worker and Community Right to Know Law - N.J.S.A. 34:5A-1 et seq. All contractors or vendors who need additional information about the New Jersey Right to Know Law are to contact the: New Jersey Department of Health Workplace Health and Safety Right to Know Unit, CN 368 Trenton, New Jersey 08625-0368 18. STATEMENT OF OWNERSHIP (N.J.S.A. 52:25-24.2) Statement of Ownership No business organization, regardless of the form of ownership, shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said business organization proposers shall submit a statement setting forth the names and addresses of all persons and entities that own ten (10%) percent or more of its stock or interest of any type at all levels of ownership. The included Statement of Ownership shall be completed and attached to the proposal. This requirement applies to all forms of business organizations, including, but not limited to, corporations and partnerships, Page| 12 publicly-owned corporations, limited partnerships, limited liability corporations, limited liability partnerships, sole proprietorship, and Subchapter S corporations. Failure to submit a disclosure document may result in the rejection of the proposal. 19. SUBCONTRACTING; PERMISSION NEEDED The contractor, with whom the College has awarded the contract, shall not subcontract any part of any work of the project to any vendor, company, contractor, etc., without first requesting and then receiving written approval from the appropriate official of the College. It is the responsibility of the prime contractor to ensure that no subcontractor who has received written permission to do work for the College, subcontracts any of its/their work without first receiving written approval from the prime contractor and the appropriate official of the College. The prime contractor assumes all responsibility for work performed by subcontractors. The prime contractor must also provide to the College the following documents secured from all approved subcontractors. It is requested the following documents be submitted with the quotation response Subcontractor Document Submissions (When applicable) • New Jersey Business Registration Certificate • Insurance Certificate as outlined in the bid specifications; • Affirmative Action Evidence as outlined in the bid specifications; Penalties The College shall deduct the amount of $1,000.00 (one thousand dollars) per day as a penalty, for each day a prime contractor uses a subcontractor without first receiving written permission from the appropriate official of the College. 20. TAXES; CONTRACTOR’S USE OF COLLEGE’S TAX-EXEMPT STATUS As a New Jersey governmental entity, the College is exempt from the requirements under New Jersey state sales and use tax (N.J.S.A. 54:32B-1 et seq.), and does not pay any sales or use taxes. Proposers should note that they are expected to comply with the provisions of the said statute and the rules and regulations promulgated thereto to qualify them for examinations and reference to any and all labor, services, materials and supplies furnished to the Hudson County Community College. Contractors may not use the College’s tax identification number to purchase supplies, materials, services or equipment, for this project. A contractor may qualify for a New Jersey Sales Tax Exemption on the purchase of materials, supplies and services when these purchases are used exclusively to fulfill the terms and conditions of the contract with the Hudson County Community College. All contractors are referred to the New Jersey Division of Taxation–Tax Bulletin S&U-3 for guidance. Again, contractors are not permitted to use the College’s tax identification number to purchase supplies, materials, services or equipment. 21. DOCUMENTS, MISSING/ILLEGIBLE The respondent shall familiarize himself with all forms* provided by the College that are to be returned with the proposal. If there are any forms either missing or illegible, it is the responsibility of the respondent to contact the School Business Administrator/College Secretary for duplicate copies of the forms. This must be done before the proposal opening date and time. The College accepts no responsibility for duplicate forms that were not received by the respondent in time for the respondent to submit with his proposal. Page| 13 22. DOCUMENT SIGNATURES – ORIGINAL; BLUE INK All documents returned to the College shall be signed with an original signature in ink (blue). Failure to sign and return all required documents with the proposal package may be cause for disqualification and for the proposal to be rejected pursuant to N.J.S.A. 18A:18A-2(y) (non-responsive). Facsimile, rubber-stamped, electronic or digital signatures are not acceptable. *Forms provided by the College that must be returned with proposal. • Acknowledgment of Addenda • Affirmative Action Questionnaire or Certificate of Employee Information Report • Non-Collusion Affidavit • Proposal Form • Statement of Ownership Disclosure 23. EXAMINATION OF SPECIFICATIONS, ACKNOWLEDGEMENT The respondent, by submitting a proposal, acknowledges that he has carefully examined the proposal specifications, documents, addenda (if any), and the site; and that from his investigation, he has satisfied himself as to the nature and location of the work, the general and local conditions and all matters which may in any way affect the work or its performance, and that as a result of such examination, he fully understands the intent and purpose thereof, his obligations thereunder, and that he will not make any claim for, or have any right to damages, because of the lack of any information. Each respondent submitting a proposal for a service contract shall include in his proposal price all labor, materials, equipment, services, and other requirements necessary, or incidental to, the completion of the work, and other pertinent work as hereinafter described, in accordance with the proposal specifications and documents. 24. FALSE MATERIAL REPRESENTATION – N.J.S.A. 2C:21-34-97(b)/TRUTH IN CONTRACTING A person commits a crime if the person knowingly makes a material representation that is false in connection with the negotiation, award or performance of a government contract. If the contract amount is for $25,000.00 or above, the offender is guilty of a crime of the second degree. If the contract amount exceeds $2,500.00 but is less than $25,000.00, the offender is guilty of a crime of the third degree. If the contract amount is $2,500.00 or less, the offender is guilty of a crime of the fourth degree. Respondent should be aware of the following statutes that represent “Truth in Contracting” laws: • N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make a material misrepresentation. • N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty. • N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant. Page| 14 • Bidders/respondents should consult the statutes or legal counsel for further information. 25. FORCE MAJEURE Neither party shall be liable in damages for any failure, hindrance or delay in the performance of any obligation under this Agreement if such delay, hindrance or failure to perform is caused by conditions beyond the control of either party, including, but not limited to, Acts of God, flood, fire, war or the public enemy, explosion, government regulations whether or not valid (including the denial or cancellation of any export or other necessary license), court order, state funding, or other unavoidable causes beyond the reasonable control of the party whose performance is affected which cannot be overcome by due diligence. Vendors, and/or contractors who have a contract with the College to provide goods or services cannot unilaterally claim an increase in the cost of the contract because of Force Majeure. 26. GENERAL CONDITIONS • Authorization to Proceed -- Successful Vendor/Contractor No service shall be rendered by the successful contractor unless the vendor/contractor receives an approved purchase order authorizing the vendor/contractor to render the service. • Award of Contract It is the intention of the College to award the contract to the respondent(s) whose response is the most advantageous to the College, price and other factors considered, and who will provide the highest quality service at fair and competitive prices. The College reserves the right to award contracts to multiple contractors when it is in the best interests of the College. The College also reserves the right to conduct interviews with any proposer. • Return of Contract Documents—when required Upon notification of award of contract by the College, the contractor may be required to sign and execute a formal contract with the College that will incorporate the terms and conditions of this RFP. • Purchase Order—considered to be a contract. N.J.S.A. 18A:18A-2 (n) If a formal contract is not required by the College, an approved and signed College Purchase Order will constitute a contractual agreement. When a formal contract is required, the contractor shall sign and execute said contracts and return the contracts with other required documents to the Office of the School Business Administrator/College Secretary. Failure to execute the contract and return said contract and related documents within the prescribed time may be cause for a delay in payment for services rendered or products received or the annulment of the award by the College with any financial security becoming the property of the College. The Contract shall incorporate the terms and conditions of this RFP. The College reserves the right to accept the proposal of the next lowest responsible respondent. • Term of Contract Page| 15 The successful respondent, to whom the contract is awarded, will be required to do and perform the work/services and to provide and furnish the materials in connection therewith in accordance with the plans and specifications on or before the date listed in the Technical Specifications. • Purchase Order Required; Notice to Proceed No contractor or vendor shall commence any project or deliver any goods until he is in receipt of an approved purchase order authorizing work to begin or goods to be delivered. • The College reserves the right to waive any informalities in any proposal as may be permitted by law. • In addition to the other indemnification provisions set forth herein, the successful proposer should also be prepared to indemnify the College for intellectual property infringement and similar claims (including those set forth in item 27, below). • The College may rank higher any proposal that does not limit the types and amounts of damages available to the College. • The contract between the College and the Successful Proposer shall be governed by New Jersey law without regard to New Jersey’s conflicts of laws rules or principles. The College will not consent to the law of any other state or jurisdiction. • All disputes between the College and the Successful Proposer arising out of, or relating to this RFP, the contract between the College and the Successful Proposer, or the services provider thereunder, shall be subject to the exclusive jurisdiction of the Superior Court of New Jersey, venued in Hudson County, New Jersey. The College will not consent to jurisdiction in any other State or jurisdiction. • The College will not agree to any contract provision that entitles the Successful Proposer to attorney’s fees, collection costs, or other related costs or fees. The College will consider contract provisions that include a penalty (not to exceed 1% per month) for failure to timely pay undisputed fees. • The contract between the College and the Successful Proposer shall include a provision to allow the College to dispute any fees charged by the Successful Proposer. • Proposers are advised that HCCC is a New Jersey public entity and is bound by certain laws and rules relating to the disclosure of documents, including, without limitation, New Jersey’s Open Public Records Act. The College cannot agree to any confidentiality provision that is in contravention to OPRA or the College’s obligations in connection with the disclosure of records or other documents. • Proposers are advised that HCCC cannot agree to any contract term that involves an automatic renewal or extension. Any contract entered into as a result of this RFP shall expire upon the end of its term. • Proposers are also advised that pursuant to law, in the event of a multi-year contract, each subsequent year shall be subject to the appropriation, annually, of sufficient funds by the College to meet the extended obligation. 27. LIABILITY – COPYRIGHT The contractor (vendor) shall hold and save the College, its officials and employees, harmless from liability of any nature or kind for or on account of the use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of his contract. 28. PRESENTATION AND INTERVIEWS—Negotiations Not Permitted The College may at its option, require providers of its choice to attend interviews and make presentations to College officials. This process may only take place after proposals have been opened and reviewed and prior to Page| 16 the completion of the evaluation. Under no circumstances shall the provisions of the proposal be subject to negotiation. 29. TERMINATION OF CONTRACT If the College determines that the contractor has failed to comply with the terms and conditions of the proposal upon which the issuance of the contract is based or that the contractor has failed to perform said service, duties and or responsibilities in a timely, proper, professional and/or efficient manner, then the College shall have the authority to terminate the contract upon written notice setting forth the reason for termination and effective date of termination. Termination by the College of the contract does not absolve the contractor from potential liability for damages caused by the College by the contractor’s breach of this agreement. The College may withhold payment due the contractor and apply the same towards damages once established. The College will act diligently in accordance with governing statutes to mitigate damages. Damages may include the additional cost of procuring said services or goods from other sources. The contractor further agrees to indemnify and hold the College harmless from any liability to subcontractors or suppliers concerning work performed or goods provided arising out of the lawful termination of this agreement. 30. WITHDRAWAL OF PROPOSALS • Before The Proposal Opening The School Business Administrator may consider a written request from a respondent to withdraw a proposal if the written request is received by the School Business Administrator before the advertised time of the proposal opening. Any respondent who has been granted permission by the School Business Administrator to have his/her proposal withdrawn cannot re-submit a proposal for the same advertised proposal project. That respondent shall also be disqualified from future proposals on the same project if the project is re-advertised. • After The Proposal Opening The College may consider a written request from a respondent to withdraw a proposal, if the written request is received by the School Business Administrator within five (5) business days after the proposal opening. A request to withdraw a proposal after the specified number of days will not be honored. The contractor/vendor who wishes to withdraw a proposal must provide a certification supported by written factual evidence that an error or omission was made by the contractor and that the error or omission was a substantial computational error or an unintentional omission or both. The request to withdraw a proposal after the proposal opening may be reviewed by the School Business Administrator, the Director of Facilities, other interested administrators’ and the Architect of Record for the project (if necessary) and/or the College Attorney and a recommendation will be made to the College. If the College grants permission to have the proposal withdrawn the contractor/vendor shall be disqualified from quoting on the same project if the project is re-advertised. If the contractor/vendor fails to meet the burden of proof to have the proposal withdrawn, the request to withdraw the proposal will be denied and if the contractor/vendor fails to execute the contract the bid guarantee will be forfeited and become the property of the College. Page| 17 Request for Proposal RFP PROPOSAL DOCUMENTS REQUIRED DOCUMENTATION All documents in this section shall be completed, signed and submitted with the proposal package. Failure to submit the proposal documents and other documents so specified may be cause to reject the proposal for being non-responsive (N.J.S.A. 18A:18A-2(y)). Page| 18 To be completed, signed and returned with the proposal ACKNOWLEDGEMENT OF ADDENDA The Respondent acknowledges receipt of the hereinafter enumerated Addenda which has been issued during the period of bidding and agrees that said Addenda shall become a part of this contract. The respondent shall list below the numbers and issuing dates of the Addenda. ADDENDA NO. ISSUING DATES  NO ADDENDA RECEIVED Name of Company Address___________________________________________ P.O. Box City, State, Zip Code Name of Authorized Representative Signature ___________________________________ Title Page| 19 To be completed, signed and returned with the proposal AFFIRMATIVE ACTION QUESTIONNAIRE This form is to be completed and returned with the proposal. However, the College will accept in lieu of this Questionnaire, an Affirmative Action Evidence Certificate of Employee Information Report. 1. Our company has a Federal Affirmative Action Plan approval.  Yes  No If yes, please attach a copy of the plan to this questionnaire. 2. Our company has an N.J. State Certificate of Employee Information Report  Yes  No If yes, please attach a copy of the certificate to this questionnaire. 3. If you answered “NO” to both questions No. 1 and 2, you must apply for an Affirmative Action Employee Information Report – Form AA302. Please visit the New Jersey Department of Treasury website for the Division of Public Contracts Equal Employment Opportunity Compliance: NJ Department of the Treasury Contract Compliance (state.nj.us) Click on “AA 302 Employee Information Report” Complete and submit the form with the appropriate payment to: Department of Treasury Division of Purchase and Property Contract Compliance and Audit Unit The complete mailing address may be found on the Instructions page of Form AA-302. All fees for this application are to be paid directly to the State of New Jersey. A copy of the Employee Information Report and a copy of the check shall be submitted to the College prior to the execution or award of the contract. I certify that the above information is correct to the best of my knowledge. Name: __________________________________________________________________ Signature _______________________________________________________________ Title ___________________________________________ Date _____________________ Name of Company__________________________________________________________ City, State, Zip _____________________________________________________________ https://www.state.nj.us/treasury/contract_compliance/ Page| 20 To be completed, signed and returned with the proposal Prohibited Russia-Belarus Activities & Iran Investment Activities Person or Entity Part 1: Certification COMPLETE PART 1 BY CHECKING ONE OF THE THREE BOXES BELOW Pursuant to law, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a contract, for goods or services must complete the certification below prior to contract award to attest, under penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus list or Chapter 25 list as a person or entity engaging in prohibited activities in Russia, Belarus or Iran. Before a contract for goods or services can be amended or extended, a person or entity must certify that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus list. Both lists are found on Treasury’s website at the following web addresses: https://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. As applicable to the type of contract, the above-referenced lists must be reviewed prior to completing the below certification. A person or entity unable to make the certification must provide a detailed, accurate, and precise description of the activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited activities in Russia or Belarus and/or investment activities in Iran. The person or entity must cease engaging in any prohibited activities and provide an updated certification before the contract can be entered into. If a vendor or contractor is found to be in violation of law, action may be taken as appropriate and as may be provided by law, rule, or contract, including but not limited to imposing sanctions, seeking compliance, recovering damages, declaring the party in default, and seeking debarment or suspension of the party. CONTRACT AWARDS AND RENEWALS http://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf Page| 21  I certify, pursuant to law, that neither the person or entity listed above, nor any parent entity, subsidiary, or affiliate appears on the N.J. Department of Treasury’s lists of entities engaged in prohibited activities in Russia or Belarus pursuant to P.L. 2022, c. 3 or in investment activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. (Skip Part 2 and sign and complete the Certification below.) CONTRACT AMENDMENTS AND EXTENSIONS  I certify, pursuant to law, that neither the person or entity listed above, nor any parent entity, subsidiary, or affiliate is listed on the N.J. Department of the Treasury’s lists of entities determined to be engaged in prohibited activities in Russia or Belarus pursuant to P.L. 2022, c. 3. I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. (Skip Part 2 and sign and complete the Certification below.) IF UNABLE TO CERTIFY  I am unable to certify as above because the person or entity and/or a parent entity, subsidiary, or affiliate is listed on the Department's Russia-Belarus list and/or Chapter 25 Iran list. I will provide a detailed, accurate, and precise description of the activities as directed in Part 2 below, and sign and complete the Certification below. Failure to provide such will prevent the award of the contract to the person or entity, and appropriate penalties, fines, and/or sanctions will be assessed as provided by law. Part 2: Additional Information Page| 22 PLEASE PROVIDE FURTHER INFORMATION RELATED TO PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS AND/OR INVESTMENT ACTIVITIES IN IRAN. You must provide a detailed, accurate, and precise description of the activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited activities in Russia or Belarus and/or investment activities in Iran in the space below and, if needed, on additional sheets provided by you. Page | 24 Part 3: Certification of True and Complete Information I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments there, to the best of my knowledge, are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that the Edison Township Board of Education is relying on the information contained herein and hereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the Edison Township Board of Education to notify the Edison Township Board of Education in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the Edison Township Board of Education and that the Edison Township Board of Education at its option may declare any contract(s) resulting from this certification void and unenforceable. Full Name (Print) Title Signature Date Page | 25 To be completed, signed and returned with the proposal NON-COLLUSION AFFIDAVIT Title of Proposal I, __________________________ of the City of in the County of and the State of of full age, being duly sworn according to law on my oath depose and say that: I am____________________________________ of the Position in Company Name of Company and the respondent making the Proposal for the above names contract, and that I executed the said Proposal with full authority so to do; that I have not, directly or indirectly, entered into any agreement, participated in any collusion, discussed any or all parts of this proposal with any potential bidders, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named bid, and that all statements contained in said Proposal and this affidavit are true and correct, and made with full knowledge that the College relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said proposal. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees of bona fide established commercial or selling agencies maintained by ________________________________________________________________________ (Print Name of Contractor/Vendor) Subscribed and sworn to: __________________________________________________ (SIGNATURE OF CONTRACTOR/VENDOR) before me this _______ day of _______________________, . Month Year _____________________________ _________________________________ NOTARY PUBLIC SIGNATURE Print Name of Notary Public My commission expires _________________ _________________, ________. Month Day Year SEAL STAMP Page | 26 To be completed, signed and returned with the proposal STATEMENT OF OWNERSHIP DISCLOSURE N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal. Name of Organization:_________________________________________________________________ Organization Address:_________________________________________________________________ City, State, ZIP: Part I Check the box that represents the type of business organization: Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV) For-Profit Corporation (any type) Limited Liability Company (LLC) PartnershipLimited Partnership Limited Liability Partnership (LLP) Other (be specific): ______________________________________________ Part II Check the appropriate box  The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR  No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV) Name of Individual or Business Entity Home Address (for Individuals) or Business Address Page | 27 Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed. Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed. Stockholder/Partner/Member and Corresponding Entity Listed in Part II Home Address (for Individuals) or Business Address Part IV Certification I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the HUDSON COUNTY COMMUNITY COLLEGE is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with the College to notify the College in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the College to declare any contract(s) resulting from this certification void and unenforceable. Full Name (Print): Title: Signature: Date: This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal. Page | 28 To be completed, signed and returned with the proposal CONTRACTOR/VENDOR QUESTIONNAIRE CERTIFICATION Title of Proposal Name of Company _____________________________________________________________ Address ________________________________________ PO Box _______________ City, State, Zip ________________________________________________________________ Business Phone Number (____) _______________________Ext. ___________________ Emergency Phone Number (_____) ____________________FAX No. (____)________________ E-Mail _________________________________ FEIN No. ____________________________ DUNS Code (if applicable) CAGE Code (if applicable) References – Work previously done for Public Entities and Colleges in New Jersey Name of College Address Contact Person/Title Phone 1. 2. 3. Vendor Certifications Direct/Indirect Interests I declare and certify that no member of the HUDSON COUNTY COMMUNITY COLLEGE, nor any officer or employee or person whose salary is payable in whole or in part by said College or their immediate family members are directly or indirectly interested in this bid or in the supplies, materials, equipment, work or services to which it relates, or in any portion of profits thereof. If a situation so exists where a College member, employee, officer of the College has an interest in the bid, etc., then please attach a letter of explanation to this document, duly signed by the president of the firm or company. Gifts; Gratuities; Compensation I declare and certify that no person from my firm, business, corporation, association or partnership offered or paid any fee, commission or compensation, or offered any gift, gratuity or other things of value to any school official, College member or employee of the HUDSON COUNTY COMMUNITY COLLEGE. Vendor Certifications I declare and certify that I fully understand N.J.A.C. 6A:23A-6.3(a) (1-4) concerning vendor contributions to school College members. I certify that my company is not debarred from doing business with any public entity in New Jersey or the United States of America. N.J.S.A. 52:32-44.1 (a), N.J.A.C. 17:19-1.1 et seq. I further certify that I understand that it is a crime in the second degree in New Jersey to knowingly make a material representation that is false in connection with the negotiation, award or performance of a government contract. __________________________________________ President or Authorized Agent SIGNATURE Page | 29 EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: • Letter of Federal Affirmative Action Plan Approval; • Certificate of Employee Information Report; or • Employee Information Report Form AA-302 (electronically provided by the Division and distributed to the public agency through the Division’s website at: http:// www.state.nj.us/treasury/contract_compliance/. The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq. (Revised: January, 2016) Page | 30 AMERICANS WITH DISABILITIES ACT Equal Opportunity for Individuals with Disability The contractor must comply with all provisions of the Americans with Disabilities Act (ADA), P.L 101- 336, in accordance with 42 U.S.C. S121 01 et seq. The contractor and the College (hereafter "owner") do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner's grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense. The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives. It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph. It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor's obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law. Page | 31 HUDSON COUNTY COMMUNITY COLLEGE TECHNICAL SPECIFICATIONS Page | 32 Executive Summary Vendors should include a brief business summary of the proposed solution that reflects their understanding of Hudson County Community College's needs and expected outcomes and how the vendor's solution will satisfy those needs and measure success. Vendors should include the overall approach to the management of the project, how well the proposed solution meets the key requirements provided in this RFP, and what long-term commitment the vendor will make to Hudson County Community College's success. This section should be no more than three (3) pages in length. Key Solution Requirements The requirements below are key functionality for Hudson County Community College's constituents. Vendors should describe how the proposed solution meets these requirements. Clear and concise responses are requested. College Challenges to be Addressed by the Software Solution The college needs to offer all-in-one resources for healthcare education providing evidence-based learning tools and strategies into student’s study routine. Faculty need an interactive platform for nursing students to practice patient assessment, and critical thinking and to perform clinical learning in simulated exercises. Hudson County Community College Technology Profile Current Reporting Tool: SAP Business Objects Current ERP: Ellucian Colleague Student, Finance, HR Current CRM(s) in use: Ellucian Recruit and Elevate Preferred authentication method(s): SSO through ADFS with multifactor authentication (Microsoft, Fischer Identity, Beyond Identity) Current mass email / email marketing solution(s): Salesforce Marketing Cloud, Mongoose Texting, Ocelot Chatbot Current LMS: Instructure Canvas Current email system and email client: Microsoft 365 with Microsoft Outlook and Outlook Online Current Room Scheduling Tool: CourseDog Current Appointment Scheduling Tools: Microsoft 365, Calendly, Wait While Current Telecommunications and Collaboration Platforms: Cisco Call Manager, Cisco Jabber, Cisco WebEx Proposal Evaluation Hudson County Community College's objective through this Request for Proposal is to ensure the selection of the most effective solution that best meets the needs of Hudson County Community College and provides for future expansion. Proposals will be evaluated based on the following criteria: Suggestions of information to request (but are not limited to and in no particular order) are as follows: 1. Vendor Reliability: Evaluation of the vendor's experience with comparable institutions, long- term growth, and dedication to quality and customer satisfaction. 2. Commitment to Higher Education: Evaluation of the vendor's commitment to the higher education marketplace, including the vendor's customer retention rate. 3. Vendor Stability: Evaluation of the vendor's long-term stability. Page | 33 4. Application Software: Evaluation of how well the proposed application system meets the total needs of Hudson County Community College as specified in the RFP. 5. Vendor Support: Evaluation of the support the vendor will provide to Hudson County Community College in terms of software, training, documentation, and transition planning. 6. Cost: Evaluation of the total cost of the system Technical and Security Requirements 1. Have you completed the Higher Education Cloud Vendor Assessment Toolkit (HECVAT), and is it available for customer review? Please include it in your proposal. 2. Do you have SOC 1 or SOC 2 reports available for customer review? SOC Report or HECVAT is required for HCCC review. 3. How will you keep HCCC data safe in the cloud and in your platform? 4. Do you have a disaster recovery plan? Please describe. 5. Do you offer real-time information on system status? Please describe. 6. Please describe how the solution is hosted in the cloud and what services are included. 7. What is your experience with and how does your cloud solution meet the specific needs of Higher Education? 8. Describe how accessible your product is when compared to the WCAG 2.0 standard. Have you completed a VPAT that demonstrates your compliance? 9. How will your solution help us comply with regulatory mandates and industry standards? Implementation Methodology Vendors should provide detailed information on the implementation services for the successful implementation of the proposed software. Include, at a minimum, the following information: 1. An overview of your implementation methodologies. Include how this methodology will help ensure our success 2. A high-level project timeline and deployment methodology 3. An overview of Hudson County Community College resources required for successful implementation, be detailed about what functional and time commitments are required by HCCC staff 4. An overview of vendor resources for a successful implementation 5. How will you use third-party implementation delivery partners for our project? Post-Implementation Support/Value Added Services Vendors should provide detailed information of available ongoing support of the proposed software. Include, at a minimum, the following information: 1. Post-Go-Live Support Services (Help) 2. Support turnaround time or resolution time for support incidents and escalation procedures 3. Upgrade release methodology Customer Participation and Communication Vendors should provide detailed information on the available ongoing support options for the proposed software. Include, at a minimum, the following information: 1. How does your company show your commitment to customers? 2. What options do you provide customers for participating in regional and national user groups and methods of communicating with customers? 3. How do customers participate and have input into new functionality? Page | 34 Company History and Vendor Qualifications Vendors should provide company history information and supplier qualifications with the proposed software. Please provide, at minimum, the following information: 1. Company history 2. Demonstrated commitment to Higher Education 3. Financial Stability 4. Commitment to customer's overall satisfaction (as indicated by independent scores such as NPS, Gartner, etc.) 5. Experience of staff that will help with long-term success 6. Commitment to continuous improvement of solutions 7. Awards, recognitions, etc. Cost Proposal Please provide an itemized summary of the proposed components. Describe if you will provide a prorated implementation contract (price and time) and then go-live contract to align with HCCC's fiscal year (July 2022 – June 2023, July 2023 – June 2024). References For this evaluation, vendors should provide evidence of customer satisfaction, including: 1. Success stories of at least three customers using the proposed solution(s) in a like institution (two year, public) 2. Customer quotes or video testimonials (specific references will be requested of vendors selected as finalists) 3. What percentage of your customer base are higher education institutions? 4. How many Higher Education customers are using your proposed solutions?