DEPARTMENT OF THE TREASURY CHRIS CHRISTIE DIVISION OF PURCHASE AND PROPERTY FORD M. SCUDDER Governor CONTRACT COMPLIANCE AUDIT UNIT State Treasurer BOX 236 KIM GUADAGNO 33 WEST STATE STREET JIGNASA DESAI-MCCLEARY Lt. Governor TRENTON, NJ 08625?0236 Director TELEPHONE (609) (609) 292-5 899 ccaucomplaints@treas.nj . gov January 13, 2017 Joseph Fantasia Community Funeral Home 257 Broadway Passaic, NJ 07055 Edward Augustyn, Lieutenant Regional Medical Examiner 25 Market Street Trenton, NJ 08625 Re: Formal Complaint No. 16-11-04 State Contract No. 83119 P0 8165496 Gentlemen: This letter is in regard to Formal Complaint No. 16411-04 ?led against Community Funeral Home by the Regional Medical Examiner?s Of?ce dated November 15, 2016. More speci?cally, the complaint alleges that on September 25, 2016 at approximately 0929 hours, case No. 16-16-0744 was reported to the Northern Regional Medical Examiner Of?ce The case was accepted and assigned to Medicolegal Death Investigator Cooke. The decedent in this case was found at 0830 hours and pronounced at 0909 hours. At approximately 0940 hours MLDI Cooke noti?ed CFH, who acknowledged receipt of the case at that time. MLDI Cooke departed the NRMEO and arrived on the scene at 1030 hours. Representatives ?om CFH arrived at 1115, one hour and thirty ?Ve minutes after noti?cation. The location of the case was Passaic City, which is the same city CFH is located and responds from. While at the scene MLDI Cooke was informed by CFH staff that NRMEO Case No. 16-16-0744 would be ?going for a ride to Morris County?, as they had a case pending there. The RMEO notes that in addition to the three counties CFH currently serves for the NRMEO, CFH was recently awarded, and accepted a contract with Morris County and the Morris County Medical Examiner Of?ce MLDI Cooke expressed her objection that the decedent travel to Morris County and requested that case No. 16-16-0744 be brought back to the NRMEO in Newark, New Jersey. CFH staff advised that in order to avoid breach of contract with the MCMEO, and despite MLDI Cooke?s objections, the NRMEO case remains would travel to Morris County and be returned to the NRMEO after completion of the Morris County case. MLDI Cooke reiterated her objection to that plan before leaving the scene and returning to the NRMEO. New Jersey Is an Equal Opportunity Employer - Printed on Recycled and Recyclable Paper DPP - 107 Formal Complaint No. 16-11-04 Page 2 Early afternoon on this same date, another case encompassing the CFH contract service area was reported to the NRMEO. CFH was noti?ed of this case at 1328 hours and was advised by MLDI Cooke that the scene was in Hoboken, Hudson County, New Jersey. At the time of noti?cation, CFH staff advised MLDI Cooke that they were still in Morris County. NRMEO Case No. 16-16-0744 still had not arrived at the NRMEO in Newark, approximately two and a half hours after CFH responded to the initial scene in Passaic City. As such, MLDI Cooke requested an update from CFH staff on Case No. 16-16-0744, noting that the decedent was found at 0830 hours and had been unre?igerated at the time of inquiry for approximately ?ve hours. Again, a request was made that the case be immediately brought to NRMEO in Newark, and again CF staff advised MLDI Cooke that they would not be stopping in Newark to deliver the decedent before responding to the Hoboken case, despite her objections. MLDI Cooke ended the telephone conversation with CFH staff and responded to the Hoboken scene, arriving at approximately 1425 hours. CFH staff arrived a short time later at approximately 1530 hours, which was two hours after being noti?ed of this case. Upon arrival, MLDI Cooke expressed her concern to CFH staff that the decedent from NRMEO Case No. 16-16-0744 had now been unrefrigerated for approximately seven hours. CFH staff responded that they had multiple scenes in Morris County and their contract does not allow them to transport more than two decedents at a time. CF staff then advised MLDI Cooke that they temporarily stored Case No. 16?16-0744 in the Morris County morgue while they attended to the scenes in Morris County. The MCMEO morgue is located at Morristown Medical Center and shares morgue space with the MMC. MLDI Cooke followed up with a telephone call to the MCMEO to discuss the temporary storage of the NRMEO case. MLDI Cooke spoke with Dr. Suarez, who con?rmed that upon his approval the NRMEO case in question had been temporarily stored in the MCMEO morgue. Subsequently, the decedent ?om NRMEO Case No. 16-16-0744 did not arrive in the NRMEO morgue for approximately eight (8) hours ?'om the time the individual was found. Upon learning the above details from MLDI Cooke concerning Case No. 16-16-0744, NRMEO conducted additional follow up with both NRMEO and Monis County staff. Additional details regarding the history of the transport of NRMEO Case No. 16-16-0744 to Morris County was acquired. It was determined that upon departure from the scene in Passaic City, the NRMEO case was taken directly by CFH staff to another scene in Morris County, which was out of the NRMEO jurisdictional boundaries. The NRMEO case was left in the transport vehicle while CFH staff performed a removal for the ?rst Morris County scene, and the NRMEO case was commingled in the same vehicle with the MCMEO case. While processing that scene, CFH staff were noti?ed of a double fatal accident, also in Morris County. The Morris County contract with CFH does not permit CFH to transport more than two remains at a time. CFH staff communicated their capacity issue to the MCMEO and received authorization to drop off the Morris County case and temporarily store the NRMEO case at the MMC morgue, allowing CFH staff to conduct removals for the double fatal motor vehicle accident. After handling the cases for Morris County, CF staff returned to MMC and retrieved the NRMEO remains and responded to Hoboken, where the remains again were left in the CFH vehicle while the removal for the Hoboken case was completed. Both NRMEO cases arrived at the NRMEO morgue at approximately 1630 hours. The initial NRMEO case in question traveled through four counties, was commingled with another county?s case and arrived in the NRMEO morgue approximately eight hours after being found. The NRMEO maintains that the conduct of CFH and its staff, as noted above, were at a minimum in violation of the following sections of RFP l3-X-22411/ Contract No. 83119: DPP - 108 Formal Complaint No. 16-1 1-04 Page 3 3.4 Response Time (2) The contractor and or its employees shall be enroute within ?fteen (15) minutes a?er receipt of the dispatcher?s communication of a death report. (N 0 other NRMEO cases were pending at the time NRMEO case No. 16-16-0744 and CFH dispatches from Passaic City, the location of the case); (4) The contractor shall be on scene or at the location where the remains lie within one (1) hour after noti?cation, except under extraordinary circumstances as instructed by the Medical Examiner?s Of?ce Staff. (CFH was in violation of this paragraph twice on this date with a response time 1 hour 35 minutes on the case in question and 2 hours on the second case in Hoboken. No noti?cation was made to NRMEO staff of extraordinary circumstances causing the delay. The cases in Morris County are not suf?cient reason for delay as the contract with NRMEO requires a minimum of two vehicles dedicated to the NRMEO contract at all times (6) any anticipated delays outside of the above times in responding to a removal on behalf of the livery shall be communicated to the Medical Examiner?s Of?ce immediately (There was no report of delays made by CFH staff to NRMEO staff); (7) It is the responsibility of the contractor to perform this public service in a pro?cient and timely manner each time a call for service is received. Therefore, untimely arrivals as deemed by the Regional Medical Examiner?s Of?ce may be grounds for contract cancellation. (CFH and its staff consistently fail to comply with timely response to calls for service as evident in this complaint as well as previous complaints that have been ?led, and con?rmed by Contract Compliance). 3.9 Transgort Vehicle (2) At no time shall the transportvehicle be unattended while human remains are still in the vehicle awaiting transport. (The NRMEO case went to Morris County and remained unattended in the vehicle while CFH staff conducted removal for the Morris case. The NRMEO case remained unattended in the vehicle while removal for the NRMEO case was conducted by CFH staff in Hoboken); (5) The transport vehicle used under this contract shall be presentable at all times with no exterior damage or markings. (CFH vehicle(s) consistently display body damage and signi?cant rust); (7) Two (2) legally licensed and properly maintained transport vehicles shall be continuously and exclusively available for use under this contract for the contract period. The Regional Medical Examiner Of?ce understands that there may be times when the contractor may experience car trouble. A properly maintained transport vehicle reduces this need therefore excessive car trouble shall not be an acceptable reason for late arrival to the scene by the contractor or its personnel. (CFH utilizes the same vehicle for all livery contracts, NRMEO, Morris County and Community Funeral Home. The vehicle responding to the NRMEO scene in Passaic was and/or should?ve been dedicated to NRMEO contract zones); The NRMEO states that the contract violations noted above are consistent with behavior on the part of CFH and its staff, as with ?ndings in a previous complaint ?led by the NRMEO against CFH (Formal Complaint DPP - 109 Formal Complaint No. 16-1 1-04 Page 4 No. 15-11-11). The aforementioned complaint details 76 violations over a ?ve month period, of which 73 were deemed founded by the Department of the Treasury, Division of Purchase and Property, Contract Compliance and Audit Unit It is evident from the conduct detailed above that CFH has not taken the necessary remedial actions required to perform duties in compliance with State Contract No. 83119. The NRMEO states in conclusion, ?not to be lost in the violations listed above is the factual basis that a decedent, human remains, a family member, was recovered at a scene by CFH staff only after an all too common delay in response. This individual was then transported to another county outside the jurisdictional service area of the NRMEO, left unattended in the transport vehicle, and commingled with another jurisdiction?s case for transport. The remains were then stored in another jurisdiction?s morgue, commingled with their cases as well as those from the medical center case in the morgue shared with that jurisdiction. The case was later retrieved and driven back across the state to a third county, again left unattended in the CFH transport vehicle again to be commingled with another case to eventually arrive at the NRMEO morgue in the fourth county of the remains trip approximately eight (8) hours later after the individual was found deceased. This is one of the most egregious treatment of human remains known to NRMEO by a livery contractor. Not only did this conduct compromise the chain of custody for this remains, but tainted any potential evidence collected from the body as the remains were essentially unaccounted for approximately 7 hours. This created a situation of great exposure to the State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice and Regional Medical Examiner Of?ce, which still exists as of the writing of this complaint pending the outcome of the case.? Prior to taking on the Morris County account, CFH was already well beyond its capacity to handle NRMEO business. With the expansion of the CFH service area to Morris County, NRMEO has not noticed any measurable expansion to the CFH ?eet. It has been made clear that the priority of cases handled by CFH are CF funeral home business, Morris County business, and ?nally NRMEO business. Due to the egregiousness of the violations noted in this complaint, and the potential exposure to the NRMEO and State of New Jersey, the NRMEO requests immediate relief from this contract through its cancellation, as afforded in the language contained in multiple paragraphs and subsections herein. The formal complaint was sent to CFH on November 17, 2016 for written response on or before December 2, 2016. Mr. Joseph Fantasia of CFH responded on November 30, 2016, stating, ?The time we responded was 10am per my text and the men arrived 1 lam.? CFH claims they performed their job duties despite the nasty text messages received earlier that day from NRMEO. CFH states that it is irrelevant that the business is based in Passaic County since their employees come from Paterson and other areas to pick up the van at the of?ce. CFH then states, have told my employees that the calls come in and are done according to the time and to completely ?nish the job before going on to the next one.? CFH continues by stating that the staff should have listened to MLDI Cooke, but did not, and for that they were reprimanded. CFH then states, ?If cooke was worried she should have taken the remains herself back to newark, but maybe she was pre occupied with extra affairs on the call, which she tends to do on her calls?. Furthermore, CFH states, ?My employees know one job at a time unless they same county and investigator goes ?om case to case, that?s right they let us put multiple bodies in car, so i guess co minglingis ok for them. Also i?m allowed to put multiple bodies in vehicles, per morris county, as long as investigator tells us it?s ok.? CF then states that Morris County is easy to work with; they don?t yell, curse, disrespect CF staff, or treat them like garbage. CFH reiterated that staff were reprimanded for their actions, and maintains, ?If Cooke was wonied she should have taken the case, they do it all the time to us, why not then.? DPP- 110 Formal Complaint No. 16-1 1-04 Page 5 In addressing workload, CFH states that they took on Morris County and have added additional workers, and six vehicles. CF states, ?Maybe if they did there job and did spot inspections and my of?ce they would see.? alleging that NRMEO staff are too busy to stop by. Furthermore, CFH states that they cannot control how many death calls are received on a daily basis. CFH had seven death calls on the day in question, and had ?ineral work in addition to the death calls. CF continues, stating that any other day of the week would have allowed for a heavy staff load, however it was a Sunday. Morris County averages twelve (12) calls and CFH does half of those calls. Mr. Fantasia, of CFH then states, ?that day I was with my son coaching or I would have handled myself, I live in morris county too, so it?s easier plus the investigators are easy to deal with and don?t two face me like newark does.? In closing, CFH restates that staff have been reprimanded and that they now understand the issues at hand. NRMEO reviewed response and replied to the CCAU on December 29, 2016, stating that they would address the direct statements made by Joseph Fantasia (?Fantasia?), Manager, Community Funeral Home in reference to the speci?c contract violations listed below. NRMEO ?rst would like to convey that Mr. Fantasia, while admitting CFH conduct on the aforementioned case was wrong, continues to de?ect from the issues and violations within the current complaint. For the ease of response, Fantasia?s response will be addressed by speci?c statement and/or allegation, as selected by the NRMEO, as follows: Reference the ?rst item addressed in Fantasia?s response, ?The time we responded was 10am per my text and the men arrived at 11am.? Fantasia?s response time is inconsistent with the times documented by NRMEO for this scene response. This is not the ?rst time CFH has had a delayed response to a scene and often times is not available for response to a scene, in general. NRMEO has documented that CFH has failed to respond to at least 170 documented cases in 2016. Reference the second statement made by Fantasia in the CFH response, have told my employees that the calls come in and are done according to the time and to completely ?nish the job before going on to next one.? NRMEO states that it is clear from antasia?s statement, which indicates that since adding Morris County Medical Examiner Of?ce to the CFH service area, calls are handled on a ?rst ceme ?rst served basis. This is in opposition to Contract 83119, Section 3.9, Transport Vehicle, paragraph 7 speci?es, ?Two (2) legally licensed and properly maintained transport vehicles shall be continuous and exclusively available for use under this contract for the contract period. The Regional Medical Examiner Of?ce understands that there may be times when the contractor may experience car trouble, properly maintained transport vehicle reduces this therefore excessive car trouble shall not be an acceptable reason for late arrival to the scene by the contractor or its personne The NRMEO states that it is clear that the addition of Morris County has taxed the resources of CF H, as it is questionable whether or not CFH has added any staff or vehicles to their workforce since employees have witnessed the same staff and vehicles often being utilized for both contracts. This is evidenced by the approximate 170 cases where CFH was not able to, or did not respond to NRMEO requests for service. Reference the third statement made by Mr. Fantasia in the CFH response, ?If cooke was worried she should have taken the remains herself back to newark.? It is clear that CF livery service is a contracted service with NRMEO and as such is expected to be available when called upon, as with any other contractual agreement. responsibility was to complete the NRMEO case, as well as reSpond to other cases on this same date. Based on response it is clear that CFH did not have two dedicated vehicles on this date to cover NRMEO contractual obligations. While investigators do have discretion to conduct their own DPP-111 Formal Complaint No. 16-11-04 Page 6 removals, this is communicated with livery early-on, before or during response, when the delay in livery response is signi?cant enough to cause the MLDI to handle removal on their own. Reference the fourth statement made by Fantasia in the CFH response, ?My employees know one job at a time unless they same county and investigator goes from case to case, bodies in vehicles, per morris county, as long as investigator tells us it?s ok.? Fantasia and the CFH clearly missed the issue at hand, as revealed in the complaint. NRMEO do permit commingling of properly packaged remains from NRMEO cases depending on the circumstance, and so long as remains are not stacked upon one another. In this case, CFH employees took NRMEO remains out of jurisdiction, left them unattended, commingled them in the same vehicle with another county?s Medical Examiner case, before commingling them in an out of jurisdiction county morgue for temporary storage. CFH employees later retrieved the NRMEO remains from the out-of- county morgue, transported them to a new, pending NRMEO case, and ?nally transported them to NRMEO, Newark. -- Reference the ?fth statement made by Fantasia in the CFH response, took on morris county and I have additional workers, and I also have 6 vehicles too. So I don?t know what there talking about. Maybe if they did there job and did spot inspections and my of?ce, they would see.? On the basis of Lieutenant Edward Augustyn and NRMEO staff observations and communications with CFH and CFH employees, it is evident that the CF employee compliment has seen little or no growth since the addition of Morris County. Though Fantasia boasts of having six vehicles in the CFH ?eet, NRMEQ observations and communications with CFH have revealed that only one or two at most of the vehicles noted in response are used for the NRMEO and/or Morris County Livery contracts. The NRMEO also notes that following the prior formal complaint ?led against CFH by the NRMEO, it was requested that CFH provide vehicle make and model information for those vehicles to be used for the livery contract. To date that requested information has not been received. Additionally, as noted in prior complaint responses to CFH, the inspection of CFH vehicles, as permitted under the contract would almost certainly result in the vehicles being taken out of service. Several past impromptu inspections have been performed on two CF vehicles while at the NRMEO. Photographs included in the complaint illustrate a visual display rust and dents. It should also be noted that these same vehicles often smell of burning oil and other vehicle related ?uids. Reference the sixth statement made by Fantasia in the CF response, also can?t control what death calls come in on a daily basis, we had 7 death calls that day. We had funeral work also, that was a sunday and if was during the other 6 days i?m heavy staff loaded. Morris county averages 12 calls and i do half of them, that day i was with my son coaching or i would have handled myself, i live in morris county too, so it?s easier plus the investigators are easy to deal with and don?t two face me like newark does.? As addressed previously in the NRMEO response, it is clear that CFH and Fantasia have taken on additional contractual obligations that prevent them from remaining in compliance with the NRMEO Contract. Fantasia has stated that he had three separate obligations on the date in question and was not equipped to meet those obligations. As such, CFH is in violation of their contract with NRMEO. In addition, CFH often declines cases, which results in the NRMEO having to utilize another livery vendor at a premium cost of $100.00, in addition to the normal removal fee. These costs have ballooned to $17,000 in calendar year 2016 alone. Other statements made in Fantasia?s response to the current complaint will not be addressed by the NRMEO since they pertain to issues addressed in prior complaints from 2015, from which CFH was found to be at fault. DPP- 112 Formal Complaint No. 16-11-04 Page 7 The NRMEO concludes by addressing Fantasia?s closing response, in which it was stated that CFH staff had been reprimanded. Nowhere does Fantasia indicate what corrective measures would be put in to place to handle current obligations, i.e. the addition of staff, staff training, or additional vehicles. Furthermore, the NRMEO states, ?As is customary in his responses, Mr. Fantasia goes on in a rambling fashion de?ecting contractual obligation to conduct removals for the NRMEO in a professional manner with the proper equipment and compliment of staff.? Over the course of the last year and a half, multiple contract violations have been brought to the attention of CFH and the Department of the Treasury, CCAU, through the formal complaint process. Repeated violations, and conversations with Fantasia continue to lack the constructive processes needed to move forward, as is evidenced by Fantasia?s accusatory, de?ecting banter, as divulged in his complaint responses. All complaints/violations by and large have been founded by CCAU, and to date no corrective measures have been taken on the part of CFH, nor has any enforcement action been taken upon CFH by the CCAU. The NRMEO suggests that in early 2016, Fantasia revealed to the NRMEO that a plan would be put in to place to correct previous violations. That plan never materialized. As such, no relief was provided to the NRMEO. Instead, services provided by CFH continued to deteriorate, compounded by contract award with Morris County. The NRMEO provides a contracted service to Essex, Hudson, Passaic and Somerset Counties. The continued failure of CFH to perform their contractual obligations to the NRMEO has had a direct negative impact on relationships with the regions that NRMEO services. This negative impact, as articulated in previous complaints made to the CCAU, includes but is not limited to, taxing local emergency services through delayed response, no response and/or inadequate staf?ng for scene work. In conclusion, NRMEO states that conduct often times leads to delay in autopsy, or external examination, and as seen through the details associated with this complaint, a compromise to the chain of custody for remains. Many questions have been raised by counties and families with regard to the condition of the transport vehicles and conduct and attire of the livery personnel. This by nature of the contract are an extension of the image. This in turn has a negative impact on the morale of NRMEO staff given the negative connotation and perceived liability cast on the State of New Jersey and the NRMEO by the counties and families being served. NRMEO suggests that it is clear through response to this complaint and their continued violations of the contract, that CF has no intent on improving their service, which they are contractually obligated to provide. As requested several times in the past, the NRMEO requests immediate relief from this contract through its cancellation with CFH, as afforded in the language contained in multiple paragraph and subsections therein. NRMEO also requests that CFH be barred ?om bidding on ?ature livery contracts. The CCAU has reviewed the documentation provided by the NRMEO and CFH. CCAU has concluded that CF is in violation of State Contract No. 83119 for the reasons set forth below: Section 3.4 Response Time paragraph 4, which speci?es, ?The contractor shall be on the scene or at the location where the remains lie within one (1) hour after noti?cation, except under extraordinary circumstances as instructed by the Medical Examiner?s Of?ce staff.? The NRMEO reported call-out and arrival times demonstrate that CFH failed to arrive on time to both scenes on September 25, 2016. Section 3.4 Response Time paragraph 6, which speci?es, ?Any anticipated delays outside of the above times in responding to a removal on behalf of the livery shall be communicated to the Medical Examiner?s Of?ce immediately.? The NRMEO states that they were not made aware of any delays by CFH. DPP- 113 Formal Complaint No. 16-1 1-04 Page 8 Section 3.4 Response Time paragraph 7, which speci?es, ?It is the responsibility of the contractor to perform this public service in a pro?cient and timely manner each time a call for service is received. Therefore untimely arrivals as deemed by the Regional Medical Examiner?s Of?ce may be grounds for contract cancellation.? Section 3.9 Transport Vehicle paragraph 2, which speci?es, ?At no time shall the transport vehicle be unattended while human remains are still in the vehicle awaiting transport.? NRMEO notes two speci?c instances on September 25, 2016 where the vehicle was left unattended while human remains were in the vehicle. Section 3.9 Transport Vehicle paragraph 7, which speci?es, ?Two (2) legally licensed and properly maintained transport vehicles shall be continuous and exclusively available for use under this contract for the contract period. The Regional Medical Examiner Of?ce understands that there may be times when the contractor may experience car trouble, a properly maintained transport vehicles reduces this therefore excessive car trouble shall not be an acceptable reason for late arrival to the scene by the contractor or its personnel.? Had CFH been in compliance with this requirement, there would have been no need to transport NRMEO Case No. 16-16-0744 outside of the NRMEO jurisdiction. The NRMEO, with respect to Section 3 .7, Contractor Requirements, has long requested that the CF provide them with vehicle make and model information for all vehicles used for the livery contract. To date, the CF has not provided any of the requested information. Furthermore, the inability to provide adequate and prompt services necessary to cover their broad service area clearly demonstrates that the vendor is not operating with the staff and vehicles required to maintain proper operations under the contract. As such, the NRMEO has often had to acquire the services of other livery vendors, at an additional fee to the State. In conclusion, CCAU believes it is important to reiterate that the above complaint has cited that CFH has transported remains outside of the NRMEO jurisdictional service area. These remains were left unattended in the transport vehicle, commingled with the remains with other cases outside of the NRMEO jurisdiction service area; only to be returned to the NRMEO after spending several hours in a morgue that was also outside of the NRMEO jurisdictional service area. This conduct compromised the chain of custody for the remains, and tainted potential evidence from the body, as a result of being unaccounted for for approximately seven hours after being pronounced. This in turn has exposed the State to risk. The CFH has been afforded ample time to correct contract de?ciencies that were previously identi?ed and addressed in this, and past complaints (Formal Complaint Number 15-11?11 speci?cally). It appears that the CF has not instituted any remedies for corrective action measures that would prevent similar situations from occurring in the future. For the reasons discussed above, this complaint is resolved against CFH for violations of Contract Sections 3.4 and 3.9. This complaint will become part of vendor performance ?le and may be considered in the evaluation of future bids submitted. This resolution constitutes decision on this matter, made in accordance with the provisions of N.J.A.C. et seq., and which may be appealed in writing, setting forth speci?c cause for the appeal, to the Director, Division of Purchase and Property, within ten (10) days after its receipt. DPP- 114 Formal Complaint No. 16-1 1-04 Page 9 Additionally, CCAU recommends that State Contract Number 83119, Removal, Handling and Transport of Human Remains Regional Medical Examiner Of?ce be referred to the Procurement Bureau for review of possible remedies under the contract, including but not limited to cancellation for cause. Sincerely, faw/ hn Paul Administrative Analyst C: Brian Gallagher, Procurement Bureau Kaitlyn Woolford, Procurement Bureau Amy Davis, Assistant Director, CCAU DPP- 115 STATE OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY DIVISION OF CRIMINAL JUSTICE MEMORANDUM TO: State of New Jersey Department of the Treasury Contracts Compliance and Audit Unit FROM: Edward Augustyn, Lieutenant Director of Operations State and Regional Medical Examiner Of?ce DATE: December 29, 2016 SUBJECT: Response to vendor response to Formal Complaint - Community Funeral Home Request for Proposal - l3-X-22411 Contract No. 831 19 DCJ RMEO Case No. 16-16-0744, 09/25/2016 This memorandum contains information responsive to direct statements made by Joseph Fantasia (Fantasia), Manager, Community Funeral Home (CFH) in his response to Formal Complaint 16-11-04, ?led with the Contracts Compliance and Audit Unit (CCAU) by the Northern Regional Medical Examiner Of?ce (N RMEO) reference speci?c contract violations. As is evident, Fantasia, in his response, while admitting CFH conduct on the aforementioned case was wrong, continues to de?ect from issue and violation in the complaint as followed. For the ease of response, Mr. Fantasia?s response will be addressed by speci?c statement and/or allegation as selected by the NRMEO. Reference the ?rst item addressed Fantasia?s response, ?The time we responded was 10am per my text and the men arrived at 11am.? Mr. Fantasia?s recollection of response time is inconsistent with the times documented by NRMEO for the scene response in question. This is not the ?rst time CFH had a delayed response to a scene and often times is altogether not available for scene response in general. CFH failed to respond for atleast of 170 cases as documented so far this year. Reference the second statement made in CFH response by Mr. Fantasia, have told my employees that the calls come in and are done according to the time and to completely ?nish the job before going on to next one.? It is clear from this statement that since adding Morris County Medical Examiner Of?ce to CFH service area that calls are handled on a ?rst come ?rst served basis. However, contract No. 83119, section 3.9 Transport Vehicle, paragraph 7 calls for Two (2) legally licensed and properly maintained transport vehicles shall be continuous and DPP- 116 exclusively available for use under this contract for the contract period. The Regional Medical Examiner Of?ce understands that there may be times when the contractor may experience car trouble, a properly maintained transport vehicle reduces this therefore excessive car trouble shall not be an acceptable reason for late arrival to the scene by the contractor or it?s personnel. It is clear that the addition of Morris County has taxed the resources of CFH as it is questionable whether or not CHF has added any staff and it is reported that often the same staff and vehicle are being utilized for both contracts. This is evident in the in the approximate 170 cases where CFH was not able to or did not respond to NRMEO requests for service. Reference the third statement made in CFH response by Mr. Fantasis, If cooke was worried she should have taken the remains herself back to newark.? As it should be clear to CFH and Mr. Fantasia, CFH livery service is a contracted service with NRMEO and is expected to be available as needed when called upon as with any other contractual agreement. CFH had a responsibility to complete the NRMEO case as well as respond to other cases on this same date. From the statements made in the CFH response, it is clear that CFH did not have two dedicated vehicles on this date to cover NRMEO contracted obligations. Investigators do have discretion to conduct their own removals, however this is communicated early on with livery before response or during the response when livery delay in response is signi?cant enough to cause the MLDI to handle the removal on their own. Reference the fourth statement made in CFH response by Mr. Fantasia, ?My employees know one job at a time unless they same county and investigator goes from case to case, bodies in vehicles, per morris county, as long as investigator tells us it?s ok.? In this statement, Mr. Fantasia and CFH Clearly miss the issue at hand as brought to light through the complaint. NRMEO MLDIs do permit commingling of properly package remains from NRMEO cases depending on the circumstances so long as remains are not stacked upon one another. In the scenario illustrated in the complaint, CFH employees took NRMEO remains out of jurisdiction, left them unattended, commingled them in the same vehicle with another county ME case, then commingled them in an out of jurisdiction county morgue for temporary storage. CFH employees later retrieved the NRMEO remains from the out of county morgue, transported the same remains to a new pending NRMEO case and then ?nally'transported the remains to NRMEO, Newark. Reference the ?fth statement made in CFH response by Mr. Fantasia, I took on morris county and I have additionally workers, and I also have 6 vehicles too. So don?t know what there talking about. Maybe if they did there job and did spot inspections and my of?ce, they would see.? On the basis of my observations at NRMEO as well as NRMEO staff observations and communication with CFH and CFH employees it is evident that the CFH employee compliment has seen little or no growth since the addition of Morris County. While Mr. Fantasia boasts of having 6 vehicles in his ?eet, through our observations and communication with CFH it is very clear that only one or two at most of the vehicles noted in Mr. Fantasia?s reply are used for the NRMEO and/or Morris County Livery contracts. Also notable, after the DPP- 117 last complaints were ?led, it was requested that Mr. Fantasia provide vehicle make and model information for vehicles to be used for the livery contract and to date that information has not been received. Additionally, as noted in previous complaint responses to CFH, inspection of CFH vehicles as permitted under the contract would almost certainly result in the vehicles being taken out of service for NRMEO contract purposes. In the past, several impromptu inspections have been done of two CFH vehicles while at NRMEO. I have attached photographs of the vehicles in question. It should be noted that these vehicles often smell of burning oil and other vehicle related ?uids. Reference the sixth statement made in CFH response by Mr. Fantasia, also can't control what death calls come in on a daily basis, We had 7 death calls that day. We had funeral work also, that was a sunday and if was during the other 6 days i'm heavy staff loaded. Morris county averages 12 calls and i do half of them, that day i was with my son coaching or i would have handled myself, i live in morris county too, so it's easier plus the investigators are easy to deal with and don't two face me like newark does." As addressed previously in the NRMEO response the CFH statement three, it is clear that CFH and Mr. Fantasia have taken on additional contractual obligations that prevent them to remain in compliance the contract with the State of New Jersey, Department of the Treasury and the NRMEO. As Mr. Fantasia states, he had three separate obligations on the date in question and was not equipped to meet these obligations, as such violated the contract with NRMEO as detailed in the initial complaint for which he responded. CFH often declines cases requiring NRMEO to utilize another livery vendor at a premium of $100.00 in addition to the normal removal fee. These cost have ballooned to $17,000 in the 2016 calendaryear. Additional statements made in the CFH response by Mr Fantasia will not be addressed as he goes on to bring up issues addressed in complaints previously filed in 2015 wherein CFH was found to be at fault. Mr. Fantasia closes his response noting that the staff has been reprimanded however does not indicate what corrective measures will be put in place, i.e. the addition of staff, staff training and vehicles to handle his current obligations. We believe this is largely due in part to CFH's inability to meet their obligations. As is customary in his responses, Mr. Fantasia goes on in a rambling fashion deflecting CFH's contractual obligation to conduct removals for the NRMEO in a professional manner with the proper equipment and compliment of staff. Over the course of the lastyear and a half, multiple contract violation issues have been brought to the attention of the CCAU and CFH through the complaints filed as conversations with Mr. Fantasia continue to lack the constructive process needed to move fonrvard. This is evidenced in his accusatory, deflecting banter in all of his responses to complaints. All of the complaints/violations by and large have been founded by CCAU. To date, no corrective measure has been taken on the part of CFH nor has any enforcement action been taken upon CFH by the CCAU. Although early on in 2016 it was represented by Mr. Fantasia in conversation that a plan would be put in place to correct previous violations, that plan never materialized with no relief to the NRMEO. in fact, service provided to CFH continued to deteriorate and became compounded with the contract award of Morris County to CFH. NRMEO provides a contracted service to Essex, Hudson; Passaic and Somerset Counties. Continued failure of CFH to perform their contractual obligations to the NRMEO has had a direct negative impact on relationships with the regions NRMEO services. This negative impact, also articulated in previous complaints made to CCAU, includes but is not limited DPP- 118 to taxing local emergency services through delayed response, no response and/or inadequate staffing for the scene work. This conduct of CFH often times lead to the delay of autopsy or external examination and as seen through the details associated with this complaint, a compromise the chain of custody for remains. There have also been many questions raised by counties and families reference the transport vehicles, attire and conduct of the lively personnel which by nature of the contract are an extension of the image of the NRMEO. This in turn has a negative impact on the morale of NRMEO staff given the negative connotation and perceived liability cast on the State of New Jersey and the NRMEO by the counties and families being served by the NRMEO. It is clear through their response to this complaint and their continued violations that CFH has no intent on improving the service they are contractually obligated to provide. Again, as requested several times in the past, the NRMEO requests immediate relief from this contract through its cancellation with CFH as afforded in the language contained in multiple paragraph and subsections therein. NRMEO also requests that CFH be barred from bidding on future livery contracts. DPP- 119 DPP - 120 DPP - 121 DPP - 122 9 5 it A Johnson, Lori From: Johnson, Lori Sent: Thursday, December 15, 2016 9:29 AM To: 'Edward Augustyn' Cc: Gallagher, Brian; Woolford, Kaitlyn; Drake, Karen Subject: RE: Formal Complaint 16-11-04 - Community Funeral Home -- Vendor Response Sorry Edward, ijumped the gun a little there. I was thinking today was the 16th it?s wishful thinking because I am off tomorrow. Didn?t mean to pressure you, and thanks for letting me know your response is on its way. Have a good weekend! [on/017115011 Division of Purchase. and Property Contract Compliance Unit 6093710205 Lori.iohnson@treas.ni gov From: Edward Augustyn Sent: Thursday, December 15, 2016 9:27 AM To: Johnson, Lori Cc: Gallagher, Brian; Woolford, Kaitlyn; Drake, Karen Subject: Re: Formal Complaint 16-11?04 - Community Funeral Home -- Vendor Response Good Morning Lori, Thanks for the follow up; Our response to the vendor response should be forward by the close of business today. Thanks and have a good day. Ed Original Message Subject: Formal Complaint 16-11-04 - Community Funeral Home -- Vendor Response From: "Johnson, Lori" Date: Dec 15, 2016, 9:25 AM To: Edward Augustyn Good Morning Edward, The attached vendor response was forwarded to you on December with a requested response date of December 15th. Please review the vendor?s response and provide written comments back to CCAU by December 30, 2016. Thank you. Lori/012225012 Division of Purchase and Pmperty Contract Compliance Unit DPP - 127 Johnson, Lori From: Johnson, Lori Sent: Thursday, December 15, 2016 9:24 AM To: Augustyn, Edward Cc: Gallagher, Brian; Woolford, Kaitlyn; Drake, Karen Subject: Formal Complaint 16?11?04 - Community Funeral Home Vendor Response Attachments: FW: Formal Complaint 16?11?04 - Community Funeral Home -- Vendor Response Good Morning Edward, The attached vendor response was forwarded to you on December with a requested response date of December 15th. Please review the vendor?s response and provide written comments back to CCAU. by December 30, 2016. Thank you. Lonfc?mson Division of Purchase and Property Contract Compliance Unit 609~777~0205 LoriJohnson@treas.ni.zov DPP - 128 Johnson, Lori From: DPP ccaucomplaints Sent: Thursday, December 01, 2016 9:01 AM To: Augustyn, Edward Cc: Gallagher, Brian; Woolford, Kaitlyn; Drake, Karen Subject: FW: Formal Complaint 16?11-04 - Community Funeral Home Vendor Response Good Morning Edward, Below is the vendor?s response to the above noted Formal Complaint. Please review, and provide a written response to CCAU by December 15, 2016. Thank you. L017 Johnson Division of Purchase and Property Contract Compliance Unit 609377?0205 From: Joe Fantasia [mailto Sent: Wednesday, November 30, 2016 4:12 PM To: Johnson, Lori Subject: Re: Formal Complaint 16-11-04 - Community Funeral Home Hello, I can answer it now.. i have time. With response to the complaint above, The time we responded was 10am per my text and the men arrived 11am, besides the nastiness of the texts we got earlier that day, the men arrived and did there job. It is irrelevant that we're based in Passaic, the employees come from on her calls. My employees know one job at a time unless they same county and investigator goes from case to case, that's right they let us put multiple bodies in car, so i guess co mingling is ok for them. Also i'm allowed to put multiple bodies in vehicles ,per morris county, as long as investigator tells us it's ok. There pretty easy to work with and don't yell at us, curse us, disrespect us and treat us like garbage. My men have been reprimanded for there action. Like i said if Cooke was worried she should have taken the case, they do it all the time to us, why not then. I took on morris county and i have additional workers, and i also have 6 vehicles too. So don't know what there talking about. Maybe if they did there job and did spot inspections and my office they would see. There too busy for that, or maybe they should let there investigators stop by maybe there too busy taking selfies and putting them on twitter in the Rmeo office or cursing at people online, yes i have proof of that. DPP - 129 I also can't control what death calls come in on a daily basis, We had 7 death calls that day. We had funeral work also, that was a sunday and if was during the other 6 days i'm heavy staff loaded. Morris county averages 12 calls and i do half of them, that day i was with my son coaching or i would have handled myself, i live in morris county too, so it's easier plus the investigators are easy to deal with and don't two face me like newark does. plus they put in complaint about the contract and timing issues, nothing in my contract says to run around hospitals for blood, x-rays, charts and so on. We do there job every time we go to hospital, so that would be on average 250 calls a year, we go there and nothing is ready and my men have to go to each department and get the items requested, so if they want to terminate and then i'll say they breach contract every time we go to hospital and do there job, which is 250 times yearly plus. These investigators think they own the world and attack us verbally and so on. So if they say these are issues we did, they do so much more worse daily. With closing, my men have been reprimanded and they have been warned not to ever do that, they now understand. The constant attacking by them is terrible, there is much grief, cursing and treated unfairly and texted very nasty things. The investigators could be brought up on harassment and unethical issues, besides the social media situations that im very aware of. sincerely, Joe Fantasia On Nov 30, 2016, at 3:19 PM, Johnson, Lori wrote: Yes, that is correct. Lav/011115017 Division of Purchase and Property Contract Compliance Unit 609~777~0205 Lori.lohnson?a2treas.nj.gov From: Joe Fantasia mailto: Sent: Wednesday, November 30, 2016 3:18 PM To: Johnson, Lori Subject: Re: Formal Complaint 16-11-04 - Community Funeral Home there will be no issue and i can email you the response correct? Joe Fantasia On Nov 30, 2016, at 2:51 PM, Johnson, Lori wrote: Yes, absolutely. Thank you for letting us know. .LoriJo/mson Division of Purchase and Property Contract Cmnpiiance Unit DPP - 130 609- 777~0205 From: Joe Fantasia [mailto Sent: Wednesday, November 30, 2016 2:37 PM To: Johnson, Lori Subject: Re: Formal Complaint 16?11-04 - Community Funeral Home Hello Lori, can i possibly extend the answer to monday busy with funerals thanks Joe Fantasia On Nov 17, 2016, at 10:06 AM, Johnson, Lori wrote: Good Morning Mr. Fantasia, Attached please find Formal Complaint 16-11-04, filed by the Division of Criminal Justice Northern Regional Medical Examiner's Office. Please review the complaint, and respond back to CCAU, in writing, by Friday, December 2, 2016. Thank you. Lorri/011115011 Division of Purchase and Property Contract Compliance Unit {305% 777~0205 Lori.IoImson@treas.ni .gov DPP - 131 Johnson, Lori From: Joe Fantasia Sent: Wednesday, November 30,2016 2:37 PM To: Johnson, Lori Subject: Re: Formal Complaint 16-11?04 Community Funeral Home Hello Lori, can i possibly extend the answer to monday busy with funerals thanks Joe Fantasia On Nov 17, 2016, at 10:06 AM, Johnson, Lori wrote: Good Morning Mr. Fantasia, Attached please find Formal Complaint 16-11-04, filed by the Division of Criminal Justice Northern Regional Medical Examiner?s Office. Please review the complaint, and respond back to CCAU, in writing, by Friday, December 2, 2016. Thank you. Lonjohnson Division of Purchase and Property Contract Compliance 609~777~0205 Lori.l011nson@treas.ni.gov DPP - 132 Johnson, Lori From: Microsoft Outlook To: Augustyn, Edward Sent: Thursday, November 17, 2016 10:07 AM Subject: Relayed: Formal Complaint 16-11-04 - Community Funeral Home Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Au us Edward au us ne n'd ?.or Au us nE n'dc'.or Subject: Formal Complaint 16-11-04 - Community Funeral Home DPP - 133 Johnson, Lori From: Sent: To: Cc: Subject: Attachments: Good Morning Mr. Fantasia, Johnson, Lori Thursday, November 17, 2016 10:06 AM Gallagher, Brian; Woolford, Kaitlyn; Augustyn, Edward Drake, Karen Formal Complaint 16-11-04 - Community Funeral Home Scanned from NJ Division of Purchase 8L Property Attached please find Formal Complaint 16-11?04, filed by the Division of Criminal Justice Northern Regional Medical Examiner's Office. Please review the complaint, and respond back to CCAU, in writing, by Friday, December 2, 2016. Thank you. 1,0141; [011115311 Division of P11170113 so and Pmpexty Contract Compliance Unit (309~7"77~0205 Lorii.iohnson@treas.ni.gov DPP - 134 Transmission Report DatelTlme 11?17?2016 09:53:30 am. Transmit HeaderText Local ID 1 6092925899 Local Name 1 This document: Failed (reduced sample and details below) Document size 8.5"x11" DEPARTMENT Oi." THE TREASURY CHRIS CHRISTIE omstou or PURCHASE mo woven-n: FORD M. swoon]: Governor CONTRACT a Atml'l' UNIT Stare Tmrurcr PO BOX 236 KIM GUADAGNO 33 WEST STATE STREET JIG-NABA [Samar TRENTON. [410863-0236 Dim-tar 292-5400/Tmm (609) 292?5399 .gov November 17, mm Mr. Joseph Fantasia Community Funeral Home 257 Broadway NJ 07055 Re: Formal Complaint No. l6-ll-134 Contract No. 83119 ?ushes; miter No. ?l6?g96 Dear Mr. Fantasia: The attached New Jersey Formal Complaint Report No. 16.1 1-04, ?led with the Contract Compliance and Audit Unit by the Division of Criminal Justice (DCJ) Northern Regional Medical Exnminer, alleges failure by Community Funeral Home to comply with the terms of State Contract No. 83] 19. This letter servo as notice to you that in accordance with?nLA?Q. and Section 5.7 13.1 ofthe Standard Terms and Conditions. 11 substantive response to the attached complaint must he received by the Division of Purchase and Property by December 2, 2016. Please follow the to the ?Respondent" in the complaint form in formulating your response. Be sun: to return the original complaint ?rm. Failure by you to mbstontively respond to the attached complaint by December 2. mm is cause under Section 5.7 b.l of the Standard Terms and Conditions for immediate termination of the contract. without further notice to you. and may also result in bypassing your [inn for subsequem contract awards. Contract Compliance and Audit Unit Attachment C: Edward Brian Gallagher, Pmcmemcnt Bureau Kaitlyn Woolford. Procurement Bumu Having ?an tibial Dmamuutv Eminw . Printed on Recruit! and NW Paper Total Pages Scanned 7 Total Pages Confirmed 0 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 785 919733651125 00:00:00 1 HS FA Abbreviations: HS: Host send PL: Polled local MP: Mailbox CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fall 63: Group3 W5: Waiting send MS: Mailbox save FF: Fax Forward TU: Terminated by user EC: Error Correct DPP - 135 Date/Tl me Local 11?17?2016 09:51:24 am. Transmission Report Transmit Header Text 6092925899 Local Name 1 Total Pages Scanned 7 This document Failed (reduced sample and details below) Document size 8.5"x11" (State of gain among DEPARTMENT OF THE TREASURY cums camsnn omens on wacnass .om mommy FORD M- SCUDDER RA AUDIT UNIT Stare Warmer Galumr ?11110 BOX 210 AGNO 3! WEST STATE STREET TRENTON.NJ 08625-0236 Direaor WHEN) (609) 292-5899 oeumomplainls?treasmjgov November 17, 2016 Mr. Joaqih Fnuasia Community Funeral Home 257 Broadway Passaic, NJ 07055 Re: Formal Complaint Ne. 16-11-04 Contract No. 83119 luggage Ordeg No. ?1 65496 Der. Fantasia: audAudit The attached New Jersey Forum] Complaml Report No. l?-ll-M. ?icd'wnh the Contract Compliance Unit by the Division of Criminal Juatiee (DCJ) Non-them Regronal Medical Examiner. alleges failure by Commtmity Funeral Home to comply with the terms of State Contact No. 83119. This letter shall serve as notice to you in accordance with ?dz-4.403) and Section 5.1 b.l ofthe . Standard Terms and Conditions. a substantive response to the attached complaint must be rota:inertia}r the Dmsxon of Purchase and Property by December 2, 2016. Please follow the instructions to the ?Respondent to the complaint form in formulating your response. He sure to return the ongmal complamt form. der Section 5.7 Failure is on to substantively respond to the attached complaint by December 2. 2010 is cause on [1.1 of 01:ngde Terms and Conditions for immediate termination ot the conlmet, milieu: further notice to you. and may also result in bypassing your ?rm for subsequent contract awards. . Contract Compliance and Audit Unit Attachment C: Edward Auguslyn, DCJ Brian Gallagher, Fremont Bureau Kaitlyn Woolford, Procurement Bureau New Jersey an Equal Wt}- qulayer - Prune! an Raga-led and Readable Paper Total Pages Confirmed 0 JIGNASA No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 783 919733651125 09:50:12 00:00:00 1 -- HS FA Abbreviations: HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fall GB: Group3 WS: Waiting send MS: Mailbox save FF: Fax Forward TU: Terminated by user DPP - 136 EC: Error Correct State sf E2111 321*ng . DEPARTMENT OF THE TREASURY CHRIS CHRISTIE DIVISION OF PURCHASE AND PROPERTY FORD M. SCUDDER Governor CONTRACT COMPLIANCE AUDIT UNIT State Treasurer PO BOX 236 KIM GUADAGNO 33 WEST STATE STREET JIGNASA Lt. Governor TRENTON, NJ 08625-0236 Director TELEPHONE (609) (609) 292-5899 ccaucomplaints@treas.nj . gov November 17, 2016 Mr. Joseph Fantasia Community Funeral Home 257 Broadway Passaic, NJ 07055 Re: Formal Complaint No. 16-11-04 Contract No. 83119 Purchase Order No. 8165496 Dear Mr. Fantasia: The attached New Jersey Formal Complaint Report No. 16-11-04, ?led with the Contract Compliance and Audit Unit by the Division of Criminal Justice (DCJ) Northern Regional Medical Examiner, alleges failure by Community Funeral Home to comply with the terms of State Contract No. 83119. This letter shall serve as notice to you that in accordance with N.J.A.C. 17: and Section 5.7 b.1 of the Standard Terms and Conditions, a substantive response to the attached complaint must be received by the Division of Purchase and Property by December 2, 2016. Please follow the instructions to the ?Respondent? in the complaint form in formulating your response. Be sure to return the original complaint form. Failure by you to substantively respond to the attached complaint by December 2, 2016 is cause under Section 5.7 b.1 of the Standard Terms and Conditions for immediate termination of the contract, without further notice to you, and may also result in bypassing your ?rm for subsequent contract awards. Contract Compliance and Audit Unit Attachment C: Edward Augustyn, DCJ Brian Gallagher, Procurement Bureau Kaitlyn Woolford, Procurement Bureau New Jersey [5 an Equal Opportunirv Employer - Printed on Recycled and Recyclable Paper DPP - 137 FOR CCAU USE ONLY STATE OF NEW JERSEY FORMAL COMPLAINT FORM aria/1332;? STATE OF NEW JERSEY 0 DEPARTMENT OF THE TREASURY DIVISION OF PURCHASE PROPERTY CONTRACT COMPLIANCE AUDIT UNIT INSTRUCTIONS: Complete sections 1 to 5 below, and print or save a copy for your records. Please send form electronically using the submit button. Alternatively. mail to: State of New Jersev 6 Department of the Treasury 0 PO Box 236 Trenton 0 NJ. 0 08625-0236 0 Attention: Comb?nts COMPLAINANT Company/Agency: Regionat Medical. Examiner 5 Address1: 25 Market - 55525-535155; AddressZ: 5.55 5 5 City: State: Zip Trenton Phone Number: 609-292 5773 RESPONDENT Contact Name: Joseph Fantasia 335-5? ?733 -- Commodity Code Number: 962?70 Contract Number. 8.311.9523-3152535 f'iT- 5-53523 Order Number I Enter Total Cost of Commodity or Service: an' 99mg 5 "5.5 CHECK NATURE OF THE Incorrect Price Late Delivery/No Delivery Non/Poor Perforance Overage/Shortage Product/Service does not meet speci?cations Other DEEMED a COMPLAINT detailed explanation and attach additional sheets if necessary. Please type.) Please see attached. Check here it continued on separate sheet. SUBMITTED BY NAME (Type in Name) Edward Augustyn TITLE DATE Lt., Director of ME Operations 11/15/2016 a RESPONDENT detailed explanation and attach additional sheets if necessary. Please type.) Check here if continued on separate sheet. SUBMITTED BY NAME (Type in Name) TITLE DATE FORM CC-36 - VERSION 1.2 (REV. 12/14) DPP - 138 STATE OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY DIVISION OF CRIMINAL JUSTICE MEMORANDUM TO: State of New Jersey Department of the Treasury Contracts Compliance and Audit Unit FROM: Edward Augustyn, Lieutenant Director of Operations State and Regional Medical Examiner Of?ce DATE: October 11, 2016 SUBJECT: Formal Complaint - Community Funeral Home Request for Proposal - l3-X-22411 Contract No. 831 19 DCJ RMEO Case No. 16-16-0744. 09/25/2016 September 25, 2016 On this date at approximately 0929 hrs, the aforementioned case (16-16-0744) was reported to the Northern Regional Medical Examiner Of?ce (N RMEO). The case was accepted and assigned to Medicolegal Death Investigator (MLDI) Cooke. The decedent in this case was found at 0830 and subsequently pronounced at 0909 hrs. Community Funeral Home (CFH) was noti?ed of the case at approximately 0940 by MLDI Cooke and acknowledged receipt of the case. MLDI Cooke departed NRMEO and arrived on scene at 1030 on this date. Representatives from CFH arrived at 1115, one hour and thirty ?ve minutes a?er noti?cation. It should be noted that the location of the aforementioned case was Passaic City the same city CFH responds from. While at the scene, MLDI Cooke was informed by CFH staff that NRMEO Case No. 16-16-0744 would be ?going for a ride to Morris County? as they have a case pending in Morris County. It should be noted that in addition to the three counties CFH currently covers for the NRMEO, CFH was recently awarded and taken on a contract with Morris County and the Morris County Medical Examiner Of?ce (MCMEO). MLDI Cooke expressed her objection to this and requested that NRMEO case be brought back to the NRMEO in Newark, New Jersey. CFH staff advised that despite MLDI Cooke?s objections, the NRMEO case would go to Morris County to avoid breach of their contract with MCMEO and that they would return the remains associated with NRMEO case once ?nished with the Morris County Case. MLDI Cooke continued her objection and departed the scene returning to NRMEO. DPP - 139 Early afternoon on this same date, another case falling in the contract service area of CFH was reported to the NRMEO. CFH was noti?ed of this case at 1328 and advised by MLDI Cooke that it was a scene in Hoboken, New Jersey in Hudson County. At this time of noti?cation, CFH staff advised MLDI Cooke that they were still in Morris County. It should be noted that NRMEO Case No. 16-16-0744 still had not arrived at NRMEO in Newark, New Jersey approximately two and a half hours after CFH responded to the scene in Passaic City. As such, MLDI S. Cooke requested an update from CFH staff on Case No. 16-16-0744, noting to them that the decedent was found at 0830 and had been unrefrigerated at the time of inquiry for approximately 5 and requested that the case be immediately brought to NRMEO Newark. CFH staff advised MLDI Cooke that they would not be stopping in Newark to drop off the decedent before responding to the Hoboken case despite her Objections. MLDI Cooke concluded the telephone conversation with CFH staff and responded to the Hoboken scene arriving at approximately 1425 hours. CFH staff arrived a short time later at approximately 1530 hrs, two hours after being noti?ed of the case. Upon arrival, MLDI Cooke expressed her concern to CFH staff that the decedent from NRMEO Case No. 16-16-0744 had now been unre?igerated for approximately 7 hrs. To this CFH staff responded that, they had multiple scenes in Morris County and their contract does not allow them to transport more than two decedents at a time. CFH staff then advised MLDI Cooke that they temporarily stored the decedent from NRMEO Case No. 16-16-0744 in the Morris County morgue while they did the scenes in Morris County. It should be noted that the MCMEO morgue is located at Morristown Medical Center (MMC) and shares morgue space with MMC. MLDI Cooke made a follow up telephone call to MCMEO to discuss the temporary storage of the NRMEO Case. During a telephone conversation with Dr. Suarez, MLDI Cooke was able to con?rm that the NRMEO case in question had been temporarily stored in the MCMEO morgue upon approval of Dr. Suarez. Subsequently, the decedent from NRMEO Case No. 16-16-0744 ultimately did not arrive in the NRMEO morgue for approximately 8 from the time the individual was found. After learning of the above noted details from MLDI Cooke, I conducted additional follow up with NRMEO staff and Morris County staff. I was able to corroborate and/ or con?rm the details provided to me by MLDI Cooke. Through my follow up I also learned additional details reference the history of the transport of NRMEO Case No. 16-16-0744 to Morris County which are as follows: Upon departure from the scene in Passaic City, NJ, the NRMEO case was taken directly by CFH staff to another scene in Morris County out of the NRMEO jurisdictional boundaries. The NRMEO case was left in the transport vehicle while CLS staff performed a removal for the ?rst Morris County scene and then co-mingled those remains in the same vehicle with the NRMEO case. While processing that scene, CFH staff were noti?ed of a double fatal accident also in Morris County. The Morris County contract with CFH does not permit CFH to transport more than two remains at a time. CFH staff communicated their capacity issue to the MCMEO and received authorization to drop off the Morris County case and temporarily store the NRMEO DPP -14o case at MMC morgue allowing CFH staff to conduct removals for the double fatal motor vehicle accident. After handling cases for Morris County, CFH staff returned to MMC and retrieved the NRMEO remains and responded to Hoboken New Jersey where the remains again were left in the CFH vehicle while the removal for the Hoboken case was completed. Both NRMEO cases arrived at the NRMEO morgue at approximately 1630 hrs. The initial NRMEO case in question traveled through four counties, was commingled with another county?s cases and arrived in the NRMEO morgue approximately 8 after being found. The conduct of CFH and it?s staff as noted above were at a minimum in violation of the following sections of RFP Contract No. 83119: 3.4 Response Time (2) The contractor and or its employees shall be enroute within ?fteen (15) minutes after receipt of the dispatcher?s communication of a death report. (N 0 other NRMEO cases were pending at the time NRMEO case No. 16-16-0744 and CFH dispatches from Passaic City, the location of the case) (4) The contractor shall be on scene or at the location where the remains lie within one (1) hour after noti?cation, except under extraordinary circumstances as instructed by the Medical Examiner?s Of?ce Staff. (CFH was in violation of this paragraph twice on this date with a response time 1 hour 35 minutes on the case in question and 2 on the second case in Hoboken. No noti?cation was made to NRMEO staff of extraordinary circumstances causing the delay. The cases in Morris county are not suf?cient reason for delay as the contract with NRMEO requires a minimum of two vehicles dedicated to the NRMEO contract at all times (3.9.7) (6) Any anticipated delays outside of the above times in responding to a removal on behalf of the livery shall be communicated to the Medical Examiner?s Of?ce immediately (There was no report of delays made by CFH staff to NRMEO staff) (7) It is the responsibility of the contractor to perform this public service in a pro?cient and timely manner each time a call for service is received. Therefore untimely arrivals as deemed by the Regional Medical Examiner?s Of?ce may be grounds for contract cancellation. (CFH and its staff consistently fail to comply with timely response to calls for service as evident in this complaint as well previous complaints that have been ?led, con?rmed by Contract Compliance.) DPP- 141 3.9 Transport Vehicle (2) At no time shall the transport vehicle be unattended while human remains are still in the vehicle awaiting transport. (N RMEO case went to Morris County and remained unattended in vehicle while CFH staff conducted removal for Morris case. NRMEO case remained unattended in vehicle while removal for NRMEO case was conducted by CFH staff in Hoboken) (5) The transport vehicle used under this contract shall be presentable at all time with no exterior damage or markings. (CFH vehicle(s) consistently display body damage and signi?cant rust) (7) Two (2) legally licensed and properly maintained transport vehicles shall be continuous and exclusively available for use under this contract for the contract period. The Regional Medical Examiner Of?ce understands that there may be times when the contractor may experience car trouble, a properly maintained transport vehicles reduces this therefore excessive car trouble shall not be an acceptable reason for late arrival to the scene by the contractor or it?s personnel. (CFH utilizes the same vehicle for all livery contracts, NRMEO, Morris County and Community Funeral Home. The vehicle responding to the NRMEO scene in Passaic was and/or should?ve been dedicated to NRMEO contract zones) In conclusion, the contract violations as noted above are consistent with behavior on the part of CFH and it?s staff with ?ndings in a previous complaint ?led by the NRMEO against CFH (Contract Compliance and Audit Unit (CCAU) Complaint 15-11-11). The aforementioned complaint details 76 violations over a number months, of which 73 were deemed founded after review by CCAU. It is evident from the conduct detailed above that CF has not taken the necessary remedial actions required to perform duties in compliance with State Contract No. 83 1 19. Furthermore, not to be lost in the violations listed above is the factual basis that a decedent, human remains, a family member, was recovered at a scene by CFH staff only after an all too common delayed response. This individual was then transported to another county outside the jurisdictional service area of the NRMEO, left unattended in the transport vehicle, commingled with another jurisdictions case for transport. The remains were the stored in another jurisdictions morgue commingled with their cases as well as those from the medical center case in the morgue shared with jurisdiction. The case was later retrieved and driven back across the state to a third county, again left unattended in the CFH transport vehicle again to be commingled with another case to eventually arrive at the NRMEO morgue in the fourth county of the remains trip approximately eight (8) later after the individual was found deceased. This is one of the most egregious treatment of human remains known to me by a livery contractor. Not only did this conduct compromise the chain of custody for this remains, but tainted any potential evidence DPP - 142 collected from the body as the remains were essentially unaccounted for approximately 7 hrs. This in turn created a situation of great exposure to the State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice and Regional Medical Examiner Of?ce which still exists as of the writing of this complaint pending the outcome of the case. Prior to taking on the Morris County account, CFH was already well beyond its capacity to handle NRMEO business standalone. With the expansion of the CFH service area to Morris County, there has been no measurable expansion to the CF ?eet and it has been made clear that the priority of cases handled by CFH are CFH Funeral Home business, Morris County business and ?nally NRMEO business. Due to the egregiousness of the violations noted above in total and the potential exposure to the NRMEO and State of New Jersey, the NRMEO requests immediate relief from this contract through its cancellation as afforded in the language contained in multiple paragraphs and subsections herein. DPP - 143 3.0 COMMODITY OF WORK 3.1 GENERAL 1) The contractor and its personnel assigned to this contract shall attend a two (2) hour orientation workshop, developed by the medical examiner's office. This orientation shall outline the proper procedures for the forensic removal and decedent transport of cases that fall under the jurisdiction of the medical examiner's office. This orientation shall be provided at the beginning of the contract and periodically during the contract period for new hires or remedial training for current staff. 2) When it becomes available, the contractor and its personnel assigned to this contract shall be trained and shall utilize the medical examiner?s office case management system of logging in all remains transported to the medical examiner office and associated items hospital charts, blood and x-rays). 3) When the contractor is notified of a death report by the medical examiner?s inspector or dispatcher for the contractor to report to the scene the medical examiner?s office shall also confirm on their smart phone/email and request a ?read notification" to con?rm the time the contractor received the call out. 4) The medical examiner?s office shall provide and replenish the contractor(s) with linen sheeting and body bags. 5) The State reserves the right when deemed necessary by the Regional Medical Examiner to use county, and or emergency agency's. 6) The Department of Law and Public Safety, Regional Medical Examiner?s Office shall perform A New Jersey Division of Criminal Justice Confidential Background Investigation on all personnel involved in decedent transport, including body handlers and call takers before beginning work under this contract. 7) The State shall limit the number of personnel allowed to perform removals under this contract if deemed necessary. 3.2 LOCATIONS TO BE SERVICED For purposes of this contract the counties shall be referred to as zones I, II, IV, V, and VI. The following is a list of townships, towns and city within the counties. The State makes no representation, guarantees or warranties of the accuracy of the townships, towns or city listed below. ZONE - CAPE MAY COUNTY MUNICIPALITIES Zone I is as follows: Cape May, Avalon, Cape May, Cape May Point, Dennis Township, Lower Township, Middle Township, North Wildwood, Ocean City, Sea Isle City, Stone Harbor, Upper Township, West Cape May, West Wildwood, Wildwood, Wildwood Crest, Woodbine, and also include is the Atlantic City Medical Center. 13 DPP - 144 3.2.2 ZONE - COUNTY MUNICIPALLTIES Zone II is listed as follows: Cumberland, Bridgeton, Commercial Township, Deerfield Township, Downe Township, Fair?eld Township, Greenwich Township, Hopewell Township, Lawrence Township, Maurice River Township, Millville, Shiloh Borough, Stow Creek Township, Upper Deerfield Township, Vineland, Camden County (from Cooper Medical Center), and Mercer County (from Saint Francis Medical Center). 3.2.3 ZONE - ESSEX COUNTY Zone Ill is as follows: Central Essex, Bloomfield, East Orange, Glen Ridge, lrvington, Montclair, Newark, Orange, South Orange, and West Orange. 3.2.4 ZONE IV - HUDSON COUNTY Zone IV is as follows: Hudson, Bayonne, Jersey City, Hoboken, Union City, West New York, Guttenberg, Secaucus, Kearny, Harrison, East Newark, North Bergen, and Weehawken. 3.2.5 ZONE - PASSAJC COUNTY Zone is as follows: Passaic, Belleville, Caldwell, Cedar Grove, Essex Fells, Fairfield, North Caldwell Boro, Nutley, Roseland, Verona, and West Caldwell. 3.2.6 ZOIE VI - SOMERSET COUNTY Zone Vl is as follows: Somerset, All Somerset County municipalities, Millburn, Livingston, Maplewood, Short Hills, St. Elizabeth Hospital, Elizabeth General Hospital, and Overlook Hospital. 3.3 OUT OF ZONE PICK-UPS Upon request by the Medical Examiner's Of?ce the contractor shall travel outside of its awarded zone and shall be compensated an additional ?at rate of $100.00 per trip over the contract rate. 3.4 RESPONSE TIME 1) The response time shall be measured from the point of the contractor?s business location awarded this contract. The State will hold the contractor responsible for the response time of its employees. 2) The contractor and or its employees shall be enroute within fifteen (15) minutes after receipt of the dispatcher?s communication of a death report. 3) The contractor and or its employees responding to a death report from the medical examiner?s office dispatcher shall arrive together at the scene of death. 4) The contractor shall be on the scene or at the location where the remains lie within one (1) hour after notification, except under extraordinary circumstances as instructed by the Medical Examiner's Office staff. 5) A response time of less than forty (40) minutes is required for assignments within a five (5) mile radius of the Medical Examiner's Of?ce. 6) Any anticipated delays outside of the above times in responding to a removal on behalf of the livery shall be communicated to the Medical Examiner's Of?ce immediately. 14 DPP - 145 7) It is the responsibility of the contractor to perform this public service in a proficient and timely manner each time a call for service is received. Therefore untimely arrivals as deemed by the Regional Medical Examiner?s Of?ce may be grounds for contract cancellation. 3.5 TIME AT THE SCENE The average time at a scene shall not exceed one (1) hour. If the time at the a scene exceeds one (1) hour the Regional Medical Examiner?s Office shall pay half the contract zone rate for each half hour over the ?rst sixty (60) minutes. The time calculated at the scene shall begin when all required livery personnel have arrived at the scene. The livery personnel shall have a log sheet signed by the Regional Medical Examiner Investigator at the scene before departure. This log sheet shall state both arrival and departure times. Failure to secure signatures for both arrival and departure will negate any compensation to be paid for time exceeding one (1) hour. Time at the scene does not apply to hospital pickups. 3.6 HOSPITAL. PICK-UPS Hospital pick-ups shall be as the same day pick?up and transport to the Regional Medical Examiner?s Of?ce. If upon arrival at a hospital by the livery service for pick-up, the remains are not ready and the livery service is instructed by the hospital to come back at a later time, the livery service shall be paid the contract zone rate for the day. The livery service shall obtain from the hospital written verification that they are to return for pick-up the next day. Failure of the livery service to secure this verification shall negate any compensation. A second trip to the hospital for a previously assigned pick up of human remains will be paid at the full contract zone rate. A second trip for non human remains pick-up (ie: charts, blood, or x- rays) will be paid half of the contract zone rate. 3.7 CONTRACTOR REQUIREMENTS 1) Upon receipt of award the contractor shall provide the following: at least one (1) main primary telephone number at least one (1) backup telephone number which shall be answered by an operator or livery staff twenty-four (24) hour a day 2) The contractor and it personnel shall have a minimum of one (1) year experience in medical examiner removals or three (3) years experience in the removal and/or transport of human remains and shall pass the New Jersey Division of Criminal Justice Confidential Background Investigation. 3) The contractor and it personnel shall be in compliance with all training requirements. The contractor shall maintain records of all training for six (6) months after contract expirations; the records shall be made available upon request to the medical examiner's office for inspection. 4) The contractor shall be deemed an independent contractor, and nothing shall be construed as establishing any other relationship. 5) The contractor shall be able to communicate through electronic means internet, email, smart phones devices, SMS text messages). 6) The contractor upon request by the State shall submit the names, social security numbers and current NJ driver's licenses number of all personnel who will perform removals under this contract. 15 DPP - 146 7) The contractor shall meet quarterly at no additional compensation or upon request with the Regional Medical Examiner to discuss all contractual requirements regarding the medical examiner's office procedures for the proper removal and handling of human remains. 8) The contractor shall be available twenty-four (24) hours per day, seven (7) day per week, and fifty-two (52) weeks of the year regardless of any adverse conditions. 9) The contractor shall agree to transport to the Regional Medical Examiner?s Office any and all types of deceased remains from the place of death or any other location within their jurisdiction. 10)The contractor shall maintain an electronic log of all removals, operations, and communications with the medical examiner?s office. The contractor shall track notification times and response times. The tracking log shall be made available to the medical examiner?s office management for statistical review. The contractor shall provide the medical examiner?s office the names and contact information of the responding crew members that and shall include office telephone number, cellular telephone number, text/8M8, and email address. 11)The contractor shall always provide no less than two (2) persons to remove human remains from the scene. 12)The contractor shall supply sufficient qualified personnel to handle any ordinary instance without Regional Medical Examiner's assistance. 13)The contractor shall handle multiple concurrent service calls either directly or by another approved removal service. 14)The Contractor shall be prepared to travel outside of their service areas, and shall be reimbursed or compensated at a predetermined rate agreed upon by the contractor and the Regional Medical Examiner. 15)The contractor shall provide all special equipment, such as stretchers, reeves, body baskets, plastic sheeting, for the physical transportation of the remains. The Regional Medical Examiner shall provide the Contractor with linen sheeting and body bags. If it becomes necessary for the contractor to use it's own linen sheeting and body bags the contractor shall be compensated at cost or shall be given replacements. 16) The contractor shall provide it?s personnel assigned to this contract all OSHA required training. 17)The contractor shall provide it?s personnel assigned to this contract proper personal protection equipment and abide by requirements. 18) The contractor shall transport any and all type of deceased remains, including specimens, X-rays, or documents, from the place of death or other location within the jurisdiction of the Medical Examiner?s Office. 19) The contractor shall be deemed an independent contractor, and nothing shall be construed as establishing any other relationship. The contractor and its employees are subject to the control of the State, however, under no circumstances shall the contractor or his personnel represent themselves as employees of the State. 20)The contractor shall have a minimum of one (1) year experience in medical examiner removals or shall have three (3) years experience in the removal and/or transportation of human remains. 16 DPP - 147 21)The contractor shall pass the New Jersey Division of Criminal Justice Confidential Background Investigation. 22)The contractor shall immediately report any incident or problems encountered on a case to the Medicolegal Death Investigator (MDI) and document it on the livery service form and in the medical examiner's of?ce case management system. 3.8 1) The contractors' personnel shall be neatly clad and identifiable by the Regional Medical Examiner at all times. This is to include, but not limited to: no visible business or silk screen logos; no torn or ripped clothing; no shorts; and no open toe shoes. 2) The contractor?s personnel shall at all times when performing the services under this contract speak in a professional manner and shall at no time use profanity. 3) The contractor?s personnel shall conduct themselves in such fashion and evidence in appearance, decorum, proper dignity and professionalism required for mortuary livery services. 4) The contractor?s personnel assigned under this contract shall have a valid driver' licenses. 5) The contractor?s personnel shall be physically able to do their assigned work and be free from drug and/or alcohol abuse. 3.9 TRANSPORT VEHICLE 1) The transport vehicles and equipment used under this contract shall be inspected by the medical examiner?s of?ce at any time during the contract period and any extensions. 2) At no time shall the transport vehicle be unattended while human remains are still in the vehicle awaiting transport. 3) Human remains shall never be left in the transport vehicle overnight. 4) The transport vehicles used under this contract shall include large station wagons, large SUV, or conversion vans, but no panel trucks or open backed vehicles. 5) The transport vehicles used under this contract shall be presentable at all times with no exterior damage or markings. 6) The transport vehicles used under this contract shall have a global positioning system. The type of global positioning system shall be provided with the bid proposal. 7) Two (2) legally licensed and properly maintained transport vehicles shall be continuous and exclusively available for use under this contract for the contract period. The Regional Medical Examiner Office understands that there may be times when the contractor may experience car trouble, a properly maintained transport vehicles reduces this therefore excessive car trouble shall not be an acceptable reason for late arrival to the scene by the contractor or its personnel. 3.10 FUEL SURCHAHGE ADJUSTMENT A fuel price adjustment may be made to contract pricing in accordance with the following procedure: 17 DPP - 148 The vendor(s) original bid price (base rate) is adjusted (up or down) once each year during the contract term on the cost of fuel used in transportation. ii] Adjustments will be based on fuel pricing as reported for the Central Atlantic Region PADD 18 by the US Department of Energy?s weekly ?Energy Information Administration (EIA) Retail On-Highway Diesel Prices? Average All Types." If this source becomes unavailable, unworkable, unsuitable, then another source may be selected by the State. El Each year, the State will compute an additional or decreased amount based on the difference between the ?base" rate in effect on the date of the bid opening and the fuel rate in effect on the first day of each year as shown in the referenced EIA. Each year, the yearly price adjustment is added to or deducted from the original awarded contract price. The price adjustment is effective on the 1st business day of the new contract year. Adjustments will be rounded to two decimal places to the nearest cent. If there is no posting on the first day, the next day's published posting will be used for the adjustment. If the yearly rate is greater than the base rate, an upward price change is issued. If the yearly rate is less than the base, a downward price change is issued. An amendment to the contract is issued to incorporate the price change and change all contract awarded prices for services on or after the effective date of the price change. Should postings differ from current description and/or format, a posting determined by the State to be most reflective of market conditions will be used. Corrections to posted prices will be considered only when caused by a typographical or clerical error on the part of said postings. Price adjustments are limited to changes in pro-selected posting as noted above. Increases in contract costs or prices to compensate for other increase in the cost of doing business, regardless of the cause or nature of such costs of the vendor, will not be allowed during the contract period, except as indicated under the fuel price adjustment and price adjustment for extensions. 18 DPP - 149 3.10.1 PRICE ADJUSTMENT FOR EXTENSIONS: Price Adjustments for Extensions may be negotiated and mutually agreed upon by the State and the Vendor(s). The State's review may include appropriate indices, for example Index, as determined by the State, market conditions reflecting supply and demand, and other economic factors deemed appropriate by the state. Although each vendor?s review will be independent, the percentage increase/decrease or the monetary increase/decrease (or combination of a percentage and monetary increase/decrease) granted on renewal shall be the same for all vendors. l9 DPP - 150 4.0 PROPOSAL PREPARATION AND SUBMISSION 4.1 GENERAL The bidder is advised to thoroughly read and follow all instructions contained in this RFP, including the instructions on the 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. If a preprinted or other document included as part of the proposal contains a URL, a printed (or if a bid is submitted electronically, electronic) copy of the URL page shall be provided and will be considered as part of the proposal. Additional URLs on the copy of the URL page shall not be considered as part of the proposal unless a copy of those URL pages are also provided. The forms discussed herein and required for submission of a proposal in response to this RFP are available on the web at 1.sht_n_1_1 unless noted otherwise. 4.2 PROPOSAL DELIVERY AND IDENTIFICATION In order to be considered, a proposal must arrive at the Division in accordance with the instructions on the RFP signatory page accompanying this RFP. Bidders are cautioned to allow adequate delivery time to ensure timely delivery of pr0posals. State regulation mandates that late proposals are ineligible for consideration. THE EXTERIOR OF ALL PROPOSAL PACKAGES ARE TO BE LABELED WITH THE PROPOSAL IDENTIFICATION NUMBER AND THE FINAL PROPOSAL SUBMISSION DATE 0R RISK NOT BEING RECEIVED IN TIME. 4.3 EBID VS. NON-EBID SUBMISSION INSTRUCTION 4.3.1 EBID SUBMISSION OF PROPOSAL If the bidder is submitting an eBid proposal, hard copy submission is not required?. Instructions detailing how to enroll in and submit an eBid are available on the web at If the bidder submits both an eBid and a hard copy of the bidder's proposal, the eBid proposal will prevail in the event of a discrepancy between the electronic and paper versions. When submitting an eBid, do not use any symbols in the filename. In addition, the bidder should name each converted PDF electronic file and folder. The bidder should be sure 4.3.2 NON-EBID SUBMISSION The bidder must submit the following proposal copies: One (1) complete ORIGINAL proposal, clearly marked as the proposal. Two (2) complete and exact copyies, clearly marked Copies are necessary in the evaluation of the proposal and for record retention purposes. A bidder failing to provide the requested number of copies will be charged the cost incurred by the State in producing the requested number of copies. The bidder should make and retain a copy of its proposal. 4.4 PROPOSAL CONTENT 20 DPP - 151 4.4.1 FORMS. FLEGISTRATIONS AND CERTIFICATIONS REQUIRED WITH PROPOSAL 4.4.1.1 PAGE The bidder shall complete, including signature of an authorized representative of the bidder, and submit the Signatory Page accompanying this RFP. If the bidder is a limited partnership, the Signatory Page must be signed by a general partner. If the bidder is a joint venture, the Signatory Page must be signed by a principal of each party to the joint venture. Failure to comply will result in rejection of the proposal. 4.4.1.1.1 PRINCIPLES CERTIFICATION The bidder must certify pursuant to N.J.S.A. that it is in compliance with the MacBride principles of nondiscrimination in employment as set forth in N.J.S.A. and in conformance with the United Kingdom's Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of their compliance with those principles. Please refer to Section 2.5 of the State of NJ Standard Terms and Conditions and N.J.S.A. for additional information about the McBride principles. By signing the RFP Signatory Page, or by entering its PIN if submitting an eBid proposal, the bidder/offeror is automatically certifying that either: a. The bidder has no operations in Northern Ireland; or b. The bidder has business operations in Northern Ireland and is committed to compliance with the MacBride principles. A bidder/offeror electing not to certify to the MacBride Principles must nonetheless sign the RFP Signatory Page AND must include, as part of its proposal, a statement indicating its refusal to comply with the provisions of this Act. SUBCONTRACTOR CERTIFICATION For a proposal that does NOT include the use of any subcontractors, by signing the RFP Signatory Page, or by entering a PIN if submitting an eBid proposal, the bidder is automatically certifying that: 1. In the event the award is granted to bidder?s? firm and the bidder later determines at any time during the term of the contract to engage subcontractors to provide certain goods and/or services, pursuant to Section 5.8 of the State of NJ Standard Terms and Conditions, the bidder will submit a Subcontractor Utilization Plan form for approval to the Division of Purchase and Property in advance of any such engagement of subcontractors. 2. If the contract is a small business subcontracting set-aside, the bidder certifies that in engaging subcontractors, it will make a good faith effort to achieve the subcontracting set-aside goals, and will attach to the Subcontractor Utilization Plan documentation of such efforts in accordance with N.J.A.C. 17:13-4 et seq. 4.4.1.1.3 NON-COLLUSION By submitting a proposal, the bidder 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, bidder or potential bidder. 21 DPP - 152 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 firm or person who is a bidder or potential bidder, and they will not be disclosed before proposal submission. 0. No attempt has been made or will be made to induce any firm 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 firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal. e. The bidder, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four (4) years been 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. 4.4.1.1.4 NEW JERSEY BUSINESS ETHICS GUIDE CERTIFICATION The Treasurer has established a business ethics guide to be followed by State contractors in their dealings with the State. The guide provides further information about compliance with Section 2.8 of the State of New Jersey Standard Terms and Conditions. The guide can be found at: By signing the RFP signatory page, or by entering a pin if submitting an e-bid proposal, the bidder is automatically certifying that it has read the guide, understands its provisions and is in compliance with its provisions. 4.4.1.2 OWNERSHIP Pursuant to N.J.S.A. 52:24.2, in the event the bidder is a corporation, partnership or sole proprietorship, the bidder must complete the attached Ownership Disclosure Form. A current completed Ownership Disclosure Form must be received prior to or accompany the proposal. Failure to submit the form will preclude the award of a contract. 4.4.1.3 DISCLOSURE OF INVESTIGATIONS AND ACTIONS INVOLVING BIDDER The bidder shall 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. The bidder shall use the Disclosure of Investigations and Actions Involving Bidder form for this purpose. 4.4.1.4 SUBCONTRACTOR UTILIZATION PLAN All bidders intending to use a subcontractor must submit a completed Subcontractor Utilization Plan. Please see the State of New Jersey, Division of Purchase and Property?s Subcontractor Forms which includes the Subcontractor Utilization Plan form. 4.4.1.5 SMALL BUSINESS RELGIISTRATION FOR SET-ASIDLCONTRACTS NOT APPLICABLE TO THIS PROCUREMENT 4.4.1.5.1 SMALL BUSINESS SET-ASE CONTRACTS 22 DPP - 153 NOT APPLICABLE TO THIS PROCUREMENT 4.4.1.5.2 SMALL BUSINESS SUBCONTRACTING SET-ASHE CONTRACTS NOT APPLICABLE TO THIS PROCUREMENT 4.4.1.6 BID SECURITY NOT APPLICABLE TO THIS PROCUREMENT 4.4.1.7 PRICING The bidder must submit its pricing on the State supplied Price Sheet/Schedule and supply any additional pricing information as directed in RFP Section 4.4.5. 4.4.2 FORMS REQUIRED BEFORE CONTRACT AWARD AND THAT SHOULD BE WITH THE PROPOSAL 4.4.2.1 BUSINESS In accordance with N.J.S.A. a bidder and its named subcontractors must have a valid Business Registration Certificate issued by the Department of Treasury, Division of Revenue prior to the award of a contract. To facilitate the proposal evaluation and contract award process, the bidder should submit a copy of its valid BRC and those of any named subcontractors with its pr0posal. Refer to Section 2.1 of the State of NJ Standard Terms and Conditions. Any bidder, inclusive of any named subcontractors, who does not have a valid business registration at the time of the proposal submission opening or whose BRC was revoked prior to the submission of the proposal should proceed immediately to register its business or seek re- instatement of a revoked BRC. Bidders are cautioned that it may require a significant amount of time to secure the re-instatement of a revoked BRC. The process can require actions by both the Division of Revenue and the Division of Taxation. For this reason, a bidder's early attention to this requirement is?highly recommended. The bidder and its named subcontractors may register with the Division of Revenue, obtain a copy of an existing BRC or obtain information necessary to seek re-instatement of a revoked BRC online at A bidder otherwise identi?ed by the Division 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 writing by the Division. A bidder who fails to comply with this requirement by the deadline speci?ed by the Division will be deemed ineligible for contract award. Under any circumstance, the Division 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. A bidder receiving a contract award as a result of this procurement and any subcontractors named by that bidder will be required to maintain a valid business registration with the Division of Revenue for the duration of the executed contract, inclusive of any contract extensions. 23 DPP - 154 4.4.2.2 SERVICES SOURCE DISCLOSURE CERTIFICATION FORM Pursuant to N.J.S.A. prior to an award of contract, the bidder is required to submit a completed source disclosure form. The bidder?s inclusion of the completed Services Source Disclosure Form with the proposal is requested and advised. Refer to RFP Section 7.1.2 for additional information concerning this requirement. 4.4.3 SUBMITTALS The bidder is encouraged to submit all the requirements of this RFP. 4.4.3.1 BIDDER EXPERIENCE The bidder shall complete ALL the information requested on the Bidder Data Sheet Form attached to this RFP so that the State is able to make a sound business judgment regarding the bidder?s experience and capability to perform the contract to the State's satisfaction. The State may require a bidder to provide additional information or documentation within five (5) days of request by the State. The bidder shall complete ALL the information requested on Attachment II (Excel spreadsheet) under tab labeled ?Vehicle Data Sheet and submit it with the RFP for all transport vehicles to be use under this contract. The bidder shall complete ALL the information requested on Attachment ll (Excel spreadsheet) under the tab labeled "Contact Information Sheet" for contact person and back up contact available twenty-four hours (24) hour per day for this contract. The bidder shall provide with the RFP proof of its capability of communicating through smart phone devices (Android, I Phone, Blackberry devices, or laptops). Preference will be given to the bidder who utilizes either of these services. This information shall be identified as ?Communication Equipment Information". The bidder shall provide on Attachment I, (Excel spreadsheets) the estimated time it will take to arrive within a county once a call is received from the medical examiner?s dispatcher. The time estimated shall be all inclusive of any variables. If a pager number is provided the response time is ten (10) minutes of receiving the page from the dispatcher. 4.4.3.2 DISCLOSURE OF PRODUCT COMPOSITION NOT APPLICABLE TO THIS PROCUREMENT 4.4.3.3 TESTING NOT APPLICABLE TO THIS PROCUREMENT 24 DPP - 155 4.4.4 FINANCIAL OF THE BIDDER In order to provide the State with the ability to judge the bidder's financial capacity and capabilities to undertake and successfully complete the contract, the bidder should submit certified financial statements which include a balance sheet, income statement and statement of cash ?ow, and all applicable notes for the most recent calendar year or the bidder?s most recent fiscal year. If certified financial statements are not available, the bidder should 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 bidder as of, and for, the periods presented in the statements. In addition, the bidder should submit a bank reference. If the information is not supplied with the proposal, the State may still require the bidder to submit it. If the bidder fails to comply with the request within seven (7) business days, the State may deem the proposal non-responsive. A bidder may designate specific financial information as not subject to disclosure when the bidder has a good faith legal/factual basis for such assertion. A bidder may submit specific financial documents in a separate, sealed package clearly marked ?Con?dential-Financial information? along with the proposal. The State reserves the right to make the determination to accept the assertion and shall so advise the bidder. 4.4.5 PRICE In order for the State to make sound business judgments regarding products and prices offered in response to this RFP, the bidder must supply, with its bid proposal, the information requested on the RFP's pricing lines in sufficient detail as to allow the State to determine the firm, fixed bid pricing and the precise product or service being offered, with no possible misinterpretation of the price or product/service being offered by the bidder. A bidder's failure to provide, within its bid proposal, the information deemed by the State to be essential for product identification or price determination will result in rejection of that bidder's proposal. Notwithstanding the aforementioned material obligation, in order to support the State's decision-making process, the State may require a bidder to provide additional information or documentation that has been deemed not to be material to product identification or price determination, in which case, the bidder shall, within the time limit set forth in the written request, comply with said request. Each bidder is required to hold its prices ?rm through issuance of contract. 4.4.5.1 DELIVERY COSTS Unless otherwise noted elsewhere in the RFP, all prices for items in proposals shall be submitted F.O.B. Destination. Proposals submitted other than F.O.B. Destination may not be considered. Regardless of the method of quoting shipments, the contractor shall assume all costs, liability and responsibility for the delivery of merchandise in good condition to the State's using agency or designated purchaser. 0.8. Destination does not cover "spotting" but does include delivery on the receiving platform of the ordering agency at any destination in the State of New Jersey unless otherwise speci?ed. No additional charges will be allowed for any additional transportation costs resulting from partial shipments made at contractor's convenience when a single shipment is ordered. The weights and measures of the State's using agency receiving the shipment shall govern. 25 DPP - 156 4.4.5.2 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. 4.4.5.3 CASHQISCOUNTS Bidders are encouraged to offer cash discounts based on expedited payment by the State. The State will make efforts to take advantage of discounts, but discounts will not be considered in determining the lowest proposal. a. Discount periods shall be calculated starting from the next business day after the using agency has accepted the goods or services, received a properly signed and executed invoice and, when required, a properly executed performance security, whichever is latest. b. The date on the check issued by the State in payment of that invoice shall be deemed the date of the State's response to that invoice. 4.4.6 COOPERATIVE PURCHASING The bidder should complete the Cooperative Purchasing Form indicating willingness or unwillingness to extend State contract pricing and terms to Cooperative Purchasing partners. 4.4.7 METHOD OEBLIDDING OR PRICE SHEETING INSTRUCTION. ETC. The bidder shall quote all inclusive rates for the removal, handling, and transport of human remains. No additional charges for mileage rate or tolls of any kind shall be accepted. 26 DPP - 157 5.0 SPECIAL CONTRACTUAL TERMS AND CONDITIONS 5.1 PRECEDENCE OF SPECIAL CONTRACTUAL ERMS AND CONDITIONS The contract awarded as a result of this RFP shall consist of this RFP, addenda to this RFP, the contractor's proposal, any best and final offer and the Division's Notice of Award. Unless specifically stated within this RFP, the Special Contractual Terms and Conditions of the RFP take precedence over the State of NJ Standard Terms and Conditions accompanying this RFP. In the event of a conflict between the provisions of this RFP, including the Special Contractual Terms and Conditions and the State of NJ Standard Terms and Conditions, and any addendum to this RFP, the addendum shall govern. in the event of a conflict between the provisions of this RFP, including any addendum to this RFP, and the bidder's proposal, the RFP and/or the addendum shall govern. 5.2 CONTRACT TERM AND EXTENSION OPTION The term of the contract shall be for a period of five (5) years. The anticipated "Contract Effective Date" is provided on the signatory page accompanying this RFP. lf delays in the procurement process result in a change to the anticipated Contract Effective Date, the bidder agrees to accept a contract for the full term of the contract. The contract may be extended for all or part of two (2), one-year periods, by the mutual written consent of the contractor and the Director at the same terms, conditions, and pricing at the rates in effect in the last year of the contract or rates more favorable to the State. 5.3 CONTRACT TRANSITION In the event that a new contract has not been awarded prior to the contract expiration date, as may be extended herein, it shall be incumbent upon the contractor to continue the contract under the same terms and conditions until a new contract can be completely operational. At no time shall this transition period extend more than one hundred eighty (180) days beyond the expiration date of the contract. 5.4 CONTRACT AMENDMENT Any changes or modifications to the terms of the contract shall be valid only when they have been reduced to writing and signed by the contractor and the Director. 5.5 CONTRACTOR The contractor shall have sole responsibility for the complete effort specified in the contract. Payment will be made only to the contractor. The contractor shall have sole responsibility for all payments due any subcontractor. The contractor is responsible for the professional quality, technical accuracy and timely completion and submission of all deliverables, services or commodities required to be provided under the contract. The contractor shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its deliverables and other services. The approval of deliverables furnished under this contract shall not in any way relieve the contractor of responsibility for the technical adequacy of its work. The review, approval, acceptance or payment for any of the services shall not be construed as a waiver of any rights that the State may have arising out of the contractor?s performance of this contract. 27 DPP - 158 5.6 CLAIMS AND 5.6.1 CLAIMS All claims asserted against the State by the contractor shall be subject to the New Jersey Tort Claims Act, N.J.S.A. 59:1?1, gt and/or the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1, _e_t s_e_g. 5.6.2 REMEDIES Nothing in the contract shall be construed to be a waiver by the State of any warranty, expressed or implied, of any remedy at law or equity, except as specifically and expressly stated in a writing executed by the Director. 5.6.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREIILENTS In the event that the contractor fails to comply with any material contract requirements, the Director may take steps to terminate the contract in accordance with the State of NJ Standard Terms and Conditions, authorize the delivery of contract items by any available means, with the difference between the price paid and the defaulting contractor's price either being deducted from any monies due the defaulting contractor or being an obligation owed the State by the defaulting contractor as provided for in the State administrative code, or take any other action or seek any other remedies available at law or in equity. 5.7 trams ORDEREL DELIVERED The contract involves items which are necessary for the continuation of ongoing critical State services. Any delay in delivery of these items would disrupt State services and would force the State to immediately seek alternative sources of supply on an emergency basis. Timely delivery is critical to meeting the State's ongoing needs. Refer to Section 6.3.a of the State of NJ Standard Terms and Conditions for additional information. 5.8 REQUIREMENTS NOT APPLICABLE TO THIS PROCUREMENT. 5.9 ELECTRONIC PAYMENTS With the award of this contract, the successful vendor(s) will be required to receive their payment(s) electronically. In order to receive your payments via automatic deposit from the State of New Jersey, complete and return the ?Credit Authorization Agreement for Automatic Deposits (ACH Credits)? Form with an original voided check or bank letter. The form must include ABA number (routing or transit number), bank account number and if the bank account is a checking or savings account. The form and instructions are located on the Of?ce of Management Budget's website at: The completed form along with the required voided check or bank letter should be mailed or faxed to: Department of the Treasury, Office of Management and Budget, PO Box 221, 6TH Floor Room 674, Trenton, NJ. 08625-0221; fax: (609)-984-5210. To assist in identifying payments, the State offers vendors access to the Vendor Payment Inquiry web application (VPI) which offers check stub information online. Contact the State of New Jersey at AAIUNIT?treas.state.ni.us to request access to this application. 28 DPP - 159 5.10 CONTRACT ACTIVITY REPORT Contractor(s) must provide, on a calendar quarter basis, to the assigned Division representative, a record of all purchases made under the contract resulting from this RFP. This reporting requirement includes sales to State using agencies, political sub-divisions thereof and, if permitted under the terms of the contract, sales to counties, municipalities, school districts, volunteer fire departments, first aid squads and rescue squads, independent institutions of higher education, state and county colleges and quasi-state agencies. Quasi-state agencies include any agency, commission, board, authority or other such governmental entity which is established and is allocated to a State department or any bi-state governmental entity of which the State of New Jersey is a member. This information must be provided in a tabular format such that an analysis can be made to determine the following: Contractor's total sales volume to each purchaser under the contract, subtotaled by product, including, if applicable, catalog number and description, price list with appropriate page reference and/or contract discount applied. Total dollars paid to subcontractors. Submission of purchase orders, confirmations, and/or invoices do not fulfill this contract requirement for information. Failure to report this mandated information may be a factor in future award decisions. Contractors must submit the required information in Microsoft Excel format. 5.11 PROGRAM EFFICIENCY The State Using Agencies shall be charged an assessment equal to one-quarter of one percent of the value of all transactions under this contract. This assessment is authorized by N.J.S.A 52:278-56 and N.J.A.C 17:12-15, to maintain the State's procurement system at a level to meet industry standards of ef?ciency. 5.12 SUBSTITUTION OR ADDITION OF SILBCONTRACTORISI This Subsection serves to supplement but not to supersede Sections 5.8 and 5.9 of the State of NJ Standard Terms and Conditions accompanying this RFP. The contractor shall forward a written request to substitute or add a subcontractor or to substitute its own staff for a subcontractor to the State Contract Manager for consideration. If the State Contract Manager approves the request, the State Contract Manager will fonrvard the request to the Director for final approval. No substituted or additional subcontractors are authorized to begin work until the contractor has received written approval from the Director. If it becomes necessary for the contractor to substitute a subcontractor, add a subcontractor or substitute its own staff for a subcontractor, the contractor will identify the proposed new subcontractor or staff member(s) and the work to be performed. The contractor must provide detailed justification documenting the necessity for the substitution or addition. The contractor must provide detailed resumes of its proposed replacement staff or of the proposed subcontractor's management, supervisory and other key personnel that demonstrate knowledge, ability and experience relevant to that part of the work which the subcontractor is to undertake. The qualifications and experience of the equal or exceed those of similar personnel proposed by the contractor in its proposal. 29 DPP - 160 5.13 PRODUCT COMPOSITION NOT APPLICABLE TO THIS PROCUREMENT. 30 DPP - 161 6.0 PROPOSAL EVALUATION 6.1 RIGHT TO WAIVE The Director reserves the right to waive minor irregularities. The Director also reserves the right to waive a mandatory requirement provided that: 1) the requirement is not mandated by law; (2) all of the othenrvise responsive proposals failed to meet the mandatory requirement; and (3) in the sole discretion of the Director, the failure to comply with the mandatory requirement does not materially affect the procurement or the State's interests associated with the procurement. 6.2 RIGHT OF FINAL PROPOSAL ACCEPTANCE The Director reserves the right to reject any or all proposals, or to award in whole or in part if deemed to be in the best interest of the State to do so. The Director shall have authority to award orders or contracts to the vendor or vendors best meeting all speci?cations and conditions in accordance with N.J.S.A. 52:34-12. Tie proposals will be awarded by the Director in accordance with 6.3 RIGHT TO INSPECT FACILITIES The State reserves the right to inspect the bidder's establishment before making an award, for the purposes of ascertaining whether the bidder has the necessary facilities for performing the contract. The State may also consult with clients of the bidder during the evaluation of bids. Such consultation is intended to assist the State in making a contract award which is most advantageous to the State. 6.4 RIGHT TO REQUEST FURTHER INFORMATION The Director reserves the right to request all information which may assist him or her in making a contract award, including factors necessary to evaluate the bidder's financial capabilities to perform the contract. Further, the Director reserves the right to request a bidder to explain, in detail, how the proposal price was determined. 6.5 ORAL PRESENTATION CLARIFICATION OF PROPOSAL After the submission of proposals, unless requested by the State as noted below, vendor contact with the State is still not permitted. After the proposals are reviewed, one, some or all of the bidders may be asked to clarify certain aspects of their proposals. A request for clarification may be made in order to resolve minor ambiguities, irregularities, informalities or clerical errors. Clarifications cannot correct any deficiencies or material omissions or revise or modify a proposal, except to the extent that correction of apparent clerical mistakes results in a modification. The bidder may be required to give an oral presentation to the State concerning its proposal. Bidders may not attend the oral presentations of their competitors. 3] DPP - 162 It is within the State?s discretion whether to require the bidder to give an oral presentation or require the bidder to submit written responses to questions regarding its proposal. Action by the State in this regard should not be construed to imply acceptance or rejection of a proposal. The Division will be the sole point of contact regarding any request for an oral presentation or clarification. 6.6 EVALUATION CRITERIA The following criteria will be used to evaluate all bid proposals that meet the requirements of this RFP. The criteria are not necessarily listed in order of importance: a) Price b) Experience of the bidder c) The bidder's past performance under similar contracts, including if applicable, the Division's vendor performance database. 6.6.1 PROPOSAL In evaluating proposals, discrepancies between words and figures will be resolved in favor of words. Discrepancies between unit prices and totals of unit prices will be resolved in favor of unit prices. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated total of multiplied unit prices and units of work and the actual total will be resolved in favor of the actual total. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum of the column of figures. 6.6.2 EVALUATION OF THE PROPOSALS After the Evaluation Committee completes its evaluation, it recommends to the Director for award the responsible bidder(s) whose proposal, conforming to this RFP, is most advantageous to the State, price and other factors considered. The Evaluation Committee considers and assesses price, technical criteria, and other factors during the evaluation process and makes a recommendation to the Director. The Director may accept, reject or modify the recommendation of the Evaluation Committee. Whether or not there has been a negotiation process as outlined in Section 6.7 below, the Director reserves the right to negotiate price reductions with the selected bidder. 6.7 NEGOTIATION AND BEST AND FINAL OFFER After evaluating proposals, the Division may enter into negotiations with one bidder or multiple bidders. The primary purpose of negotiations is to maximize the State?s ability to obtain the best value based on the mandatory requirements, evaluation criteria, and cost. Multiple rounds of negotiations may be conducted with one bidder or multiple bidders. Negotiations will be structured by the Division to safeguard information and ensure that all bidders are treated fairly. Similarly, the Division may invite one bidder or multiple bidders to submit a best and final offer (BAFO). Said invitation will establish the time and place for submission of the BAFO. Any BAFO that is not equal to or lower in price than the pricing offered in the bidder?s original proposal will be rejected as non-responsive and the State will revert to consideration and evaluation of the bidder's original pricing. 32 DPP - 163 If required, after review of the clarification may be sought from the bidder(s). The Division may conduct more than one round of negotiation and/or BAFO in order to attain the best value for the State. may accept, reject or modify the recommendation of the Division. The Director may initiate additional negotiation or BAFO procedures with the selected bidder(s). Negotiations will be conducted only in those circumstances where they are deemed by the Division or Director to be in the State?s best interests and to maximize the State?s ability to get the best value. Therefore, the bidder is advised to submit its best technical and price proposal in response to this RFP since the State may, after evaluation, make a contract award based on the content of the initial submission, without further negotiation and/or BAFO with any bidder. All contacts, records of initial evaluations, any correspondence with bidders related to any request for clarification, negotiation or BAFO, any revised technical and/or price proposals, the Evaluation Committee Report and the Award Recommendation, will remain confidential until a Notice of Intent to Award a contract is issued. 6.8 COMPLAINTS A bidder with a history of performance problems as demonstrated by formal complaints and/or contract cancellations for cause pursuant to Section 5.7.b of the State of NJ Standard Terms and Conditions accompanying this RFP may be bypassed for an award issued as a result of this RFP. 33 DPP - 164 7.0 CONTRACT 7.1 DOCUMENTS REQUIRED BEFORE CONTRACT AWARD 7.1.1 REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51. N.J.S.A. - N.J.S.A. 20.25 EXECUTIVE ORDER 134) AND EXECUTIVE ORDER NO. 117 (2008) a) The State 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 Governor or Lieutenant Governor, to any State, county, municipal political party committee, or to any legislative leadership committee during certain specified time periods b) Prior to awarding any contract or agreement to any Business Entity, the Business Entity proposed as the intended awardee of the contract shall submit the Certification and Disclosure form, certifying that no contributions prohibited by either Chapter 51 or Executive Order No. 117 have been made by the Business Entity and reporting all contributions the Business Entity made during the preceding four years to any political organization organized under 26 U.S.C.527 of the Internal Revenue Code that also meets the definition of a ?continuing political committee" within the means of N.J.S.A. and N.J.A.C. 19:25?17. The required form and instructions, available for review on the Division's website at I shall be provided to the intended awardee for completion and submission to the Division with the Notice of Intent to Award. Upon receipt Of a Notice of Intent tO Award a Contract, the intended awardee shall submit to the Division, in care of the Division Procurement Specialist, the Certification and Disclosure(s) within five (5) business days of the State?s request. Failure to submit the required forms will preclude award Of a contract under this RFP, as well as future contract opportunities. 0) Further, the Contractor is required, on a continuing basis, to report any contributions it makes during the term of the contract, and any extension(s) thereof, at the time any such contribution is made. The required form and instructions, available for review on the Division's website at shall be provided to the intended awardee with the Notice of Intent tO Award. 7.1.2 SOURCE DISCLOSURE REQUIREMENTS Pursuant to N.J.S.A. all contracts primarily for services awarded by the Director shall be performed within the United States, except when the Director certifies in writing a finding that a required service cannot be provided by a contractor or subcontractor within the United States and the certification is approved by the State Treasurer. Also refer to Section 3.6 Service Performance Within US. of the State of NJ Standard Terms and Conditions. Pursuant to the statutory requirements, the intended awardee Of a contract primarily for services with the State Of New Jersey must disclose the location by country where services under the contract, including subcontracted services, will be performed. The Source Disclosure Certification form accompanies the subject RFP. FAILURE TO SUBMIT SOURCING INFORMATION WHEN REQUESTED BY THE STATE SHALL PRECLUDE AWARD OF A CONTRACT TO THE BIDDER. If any of the services cannot be performed within the United States, the bidder shall state with specificity the reasons why the services cannot be so performed. 34 DPP - 165 The Director shall determine whether sufficient justification has been provided by the bidder to form the basis of his or her certification that the services cannot be performed in the United States and whether to seek the approval of the Treasurer. 7.1.2.1 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 pursuant to Section 5.7b.1 of the State of NJ Standard Terms and Conditions, unless such shift in performance was previously approved by the Director and the Treasurer. 7.1.3 AFFIRMATIVE ACTION 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 Af?rmative 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) located on the web at %ZOSupDIement.pdf. 7.1.4 BUSINESS REGISTRATION In accordance with N.J.S.A. a bidder and its named subcontractors must have a valid Business Registration Certificate issued by the Department of Treasury, Division of Revenue prior to the award of a contract. (Refer to Section 4.4.2.1 of this RFP for further information.) 7.2 FINAL CONTRACT AWARD Contract award[s] shall be made with reasonable promptness by written notice to that responsible bidder(s), whose proposal(s), conforming to this RFP, is(are) most advantageous to the State, price, and other factors considered. Any or all proposals may be rejected when the State Treasurer or the Director determines that it is in the public interest to do so. During the term of the contract, the State will accept offers of price reductions that could change the award rankings. Upon receipt of such an offer, the State will conduct one complete round of closed-pricing bids, within the time limit set forth in a written request to all contractors. These closed-pricing bids will be conducted no more than once each quarter of the contract and any extensions thereof. Increases will not be accepted. Pricing offers will not be publicly available until an addendum to the contract has been issued. NOTE: Each contractor is only permitted to submit a reduced pricing offer for those products/services within those zones, regions, categories, etc. for which it is currently contracted. 7.3 INSURANCE CERTIFICATES The contractor shall provide the State with current certificates of insurance for all coverages required by the terms of this contract, naming the State as an Additional Insured. Refer to Section 4.2 of the State of NJ Standard Terms and Conditions accompanying this RFP. 35 DPP - 166 7.4 NOT APPLICABLE TO THIS PROCUREMENT 8.0 CONTRACT ADMINISTRATION 8.1 CONTRACT The State Contract Manager is the State employee responsible for the overall management and administration Of the contract. The State Contract Manager for this project will be identified at the time Of execution of contract. At that time, the contractor will be provided with the State Contract Manager?s name, department, division, agency, address, telephone number, fax phone number, and e-mail address. 8.1.1 STATE CONTRACT RESPONSIBILITLS For an agency contract where only one State Office uses the contract, the State Contract Manager will be responsible for engaging the contractor, assuring that Purchase Orders are issued to the contractor, directing the contractor to perform the work Of the contract, approving the deliverables and approving payment vouchers. The State Contract Manager is the person that the contractor will contact after the contract is executed for answers to any questions and concerns about any aspect Of the contract. The State Contract Manager is responsible for coordinating the use Of the Contract and resolving minor disputes between the contractor and any component part of the State Contract Manager's Department. If the contract has multiple users, then the State Contract Manager shall be the central coordinator Of the use Of the contract for all Using Agencies, while other State employees engage and pay the contractor. All persons and agencies that use the contract must notify and coordinate the use Of the contract with the State Contract Manager. 8.1.2 ION WITH THE STATE CONTRACT MANAGER Any contract user that is unable tO resolve disputes with a contractor shall refer those disputes to the State Contract Manager for resolution. Any questions related to performance Of the work Of the contract by contract users shall be directed to the State Contract Manager. The contractor may contact the State Contract Manager if the contractor cannot resolve a dispute with contract users. 36 DPP - 167 9.0 Special Contract Reguirements Relating to Work Funded under the American Recoveu and Reinvestment Act of 2009 (ARRA) NOT APPLICABLE TO THIS PROCUREMENT 37 DPP - 168