New Jersey Statutes Title 52. State Government, Departments and Officers 52 § 14-17.28g

a. For each plan type offered to eligible employees, early retirees, and certain Medicare retirees, and their dependents, the State Health Benefits Commission, or its designee, shall select at least two third-party administrators from among those vendors who submit responsive proposals that are most advantageous to the State, price and other factors considered, provided that, if fewer than two vendors submit responsive proposals within a competitive range established by the evaluation committee, the commission, or its designee, shall either: (1) select the one qualified vendor; or (2) reissue the solicitation for the plan type in its entirety in an effort to secure at least two third-party administrators.

b. Unless otherwise limited through the terms of a collective bargaining agreement, State or federal statute, or regulation, an eligible employee, early retiree, and Medicare retirees not eligible for or enrolled in Medicare Advantage plans shall have the opportunity, on an annual basis, during the open enrollment period or other applicable enrollment period, to choose a plan from among the plan types the commission has selected.

c. The commission, or its designee, shall award the contracts for each plan type under subsection a. of this section on the basis of the bid responses that are the most advantageous to the State, which shall consider price, network breadth, member experience, the ability to engage in innovative approaches designed to slow the growth of health care costs, and any other factors that the commission or its designee may deem relevant.

d. The commission, or its designee, is authorized to award a contract to the vendor with the bid that is most advantageous to the State, price and other factors considered, based upon the evaluation factors in subsection c. of this section, and to thereafter award another contract to one or more vendors with bids within the competitive range that can provide a comparable bid price and factors of the first awarded contract.