0 - M2002 Child Safety Seats 072618.pdf

Bid Solicitation

Bid # 18DPP00297

For: M2002-Child Safety Seats: NASPO ValuePoint Master Agreement

Event Date Time

Vendor’s {Bidder’s} Electronic Question Due Date (Refer to Bid Solicitation {Bid Solicitation Section 1.3.1 for more information.)

8/9/18 2:00 PM

Mandatory/Optional Pre-Quote Conference (Refer to Bid Solicitation {Bid Solicitation Section 1.3.6 for more information.)

Not Applicable

Mandatory/Optional Site Visit (Refer to Bid Solicitation {Bid Solicitation Section 1.3.4 for more information.)

Not Applicable

Mandatory Seat Demonstration (Refer to Bid Solicitation Bid Solicitation Section 4.4.3.3.1 for more information.)

9/10/18-9/11/18 To Be

Determined

Quote Submission Date (Refer to Bid Solicitation {Bid Solicitation Section 1.3.2 for more information.)

8/29/18 2:00 PM

Dates are subject to change. All times contained in the Bid Solicitation refer to Eastern Time. All changes will be reflected in Bid Amendments {Addenda} to the Bid Solicitation posted on the Division of Purchase and Property website and on www.njstart.gov.

Small Business

Set-Aside

Status ☐ Not Applicable

☐ Entire Blanket P.O.

☐ Partial Blanket P.O.

☒ Subcontracting Only

Category

☒ I ☐ IV

☒ II ☐ V

☒ III ☐ VI

Bid Solicitation Issued By Using Agency/Agencies

State of New Jersey State of New Jersey Department of the Treasury New Jersey Cooperative Purchasing Program Participants Division of Purchase and Property NASPO ValuePoint Cooperative Purchasing Organization Trenton, New Jersey 08625-0230 Date: July 26, 2018 http://www.njstart.gov/

Table of Contents

INFORMATION FOR VENDORS {BIDDERS}

PURPOSE AND INTENT

BACKGROUND

GEOGRAPHICAL REGIONS

METHOD OF ENGAGEMENT

PARTICIPATING STATE’S HISTORICAL USAGE AND STATE-SPECIFIC TERMS AND CONDITIONS

NASPO VALUEPOINT BACKGROUND INFORMATION

KEY EVENTS

ELECTRONIC QUESTION AND ANSWER PERIOD

SUBMISSION OF QUOTES {PROPOSALS}

VENDOR {BIDDER} SUPPORT

MANDATORY/OPTIONAL SITE VISIT

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

PRE-QUOTE DOCUMENT REVIEW

ADDITIONAL INFORMATION

BID AMENDMENTS {ADDENDA}: REVISIONS TO THIS BID SOLICITATION

VENDOR {BIDDER} RESPONSIBILITY

COST LIABILITY

CONTENTS OF QUOTE

ANNOUNCEMENT OF QUOTE INFORMATION

PRICE ALTERATION IN QUOTES {PROPOSALS}

QUOTE ERRORS

JOINT VENTURE

RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE

QUOTE ACCEPTANCES AND REJECTIONS

ELECTRONIC SIGNATURES

DEFINITIONS

CROSSWALK

GENERAL DEFINITIONS

BLANKET P.O. {CONTRACT}-SPECIFIC DEFINITIONS/ACRONYMS

SCOPE OF WORK

ENGAGEMENT

ESSENTIAL REQUIREMENTS

GENERAL REQUIREMENTS

SEAT-SPECIFIC REQUIREMENTS (CATEGORIES 1-3)

SAFETY SEAT-SPECIFIC SPECIFICATION REQUIREMENTS

FORWARD FACING SAFETY SEAT (CATEGORY 1)

REAR FACING INFANT SAFETY SEATS (CATEGORY 2)

BOOSTER SEATS (CATEGORY 3)

SPECIAL NEEDS - (CATEGORY 4)

LOST, DAMAGED, WRONGFUL DELIVERY, AND/OR DEFECTIVE CHILD SAFETY SEATS

SUBSTITUTIONS

PACKING/SHIPPING/DELIVERY REQUIREMENTS

PACKAGING REQUIREMENTS

DELIVERY METHODS/REQUIREMENTS

REPORTING REQUIREMENTS

SALES REPORT

NASPO VALUEPOINT SUMMARY AND DETAILED USAGE REPORTS

FINAL USAGE FEE AND REPORTING PLAN

OPTIONAL OFFERINGS

SAFETY TECHNOLOGY

AIR TRAVEL SAFETY SEATS

OPTIONAL SUPPORT SERVICES

QUOTE PREPARATION AND SUBMISSION

GENERAL

QUOTE DELIVERY AND IDENTIFICATION

NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

NJSTART SUBMISSION OF QUOTE

HARD COPY SUBMISSION

QUOTE CONTENT

FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH QUOTE

FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED BEFORE BLANKET P.O. {CONTRACT} AWARD

AND THAT SHOULD BE SUBMITTED WITH THE QUOTE

VENDOR {BIDDER} DEMONSTRATION OF ITS ABILITY TO COMPLETE THE SCOPE OF WORK

FINANCIAL CAPABILITY OF THE VENDOR {BIDDER}

PRICE SCHEDULE/SHEET

COOPERATIVE PURCHASING PROGRAM

ORAL PRESENTATIONS

SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O. {CONTRACT}

NASPO VALUEPOINT MASTER AGREEMENT COMPLIANCE

BLANKET P.O. {CONTRACT} TERM AND EXTENSION OPTION

BLANKET P.O. {CONTRACT} TRANSITION

QUOTE EVALUATION

RIGHT TO WAIVE

DIRECTOR’S RIGHT OF FINAL QUOTE ACCEPTANCE

STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES

CLARIFICATION OF QUOTE / STATE'S RIGHT TO REQUEST FURTHER INFORMATION

QUOTE EVALUATION COMMITTEE

ORAL PRESENTATION

EVALUATION CRITERIA

VENDOR’S {BIDDER’S} PRICE SCHEDULE

QUOTE (PROPOSAL) DISCREPANCIES

NEGOTIATION AND BEST AND FINAL OFFER (BAFO)

“REQUEST FOR REVISION” WITHIN NJSTART

POOR PERFORMANCE

BLANKET P.O. {CONTRACT} AWARD

DOCUMENTS REQUIRED BEFORE BLANKET P.O. {CONTRACT} AWARD

REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25

(FORMERLY EXECUTIVE ORDER NO. 134), EXECUTIVE ORDER NO. 117 (2008) AND N.J.A.C. 17:12-5 ET SEQ

SOURCE DISCLOSURE REQUIREMENTS

AFFIRMATIVE ACTION

BUSINESS REGISTRATION

FINAL BLANKET P.O. {CONTRACT} AWARD

INSURANCE CERTIFICATES

PERFORMANCE SECURITY

BLANKET P.O. {CONTRACT} ADMINISTRATION

STATE CONTRACT MANAGER

STATE CONTRACT MANAGER RESPONSIBILITIES

COORDINATION WITH THE STATE CONTRACT MANAGER

BID-SPECIFIC DOCUMENTS/ATTACHMENTS/APPENDICES:

Attachment #1 - NASPO ValuePoint Master Agreement Terms and Conditions;

Attachment #2 - Prospective Participating State-Specific Terms and Conditions;

Attachment #3 - NASPO ValuePoint Master Agreement Quote Overview Form;

Price Schedule/Sheet;

Vendor {Bidder} Data Sheet;

Vendor {Bidder} Quote Overview Form;

Offer & Acceptance Form; and

Bid Solicitation Checklist.

INFORMATION FOR VENDORS {BIDDERS}

NOTICE: This Bid Solicitation {Request for Proposal (RFP)} is part of the NJSTART Procurement

Program. The Vendor {Bidder} is advised to thoroughly read all sections, as many have been revised, and follow all instructions contained in this Bid Solicitation, including the instructions on the Bid Solicitation’s {RFP’s} Offer and Acceptance Page {Signatory Page} and read through all Quick Reference Guides (QRGs) located on the NJSTART Vendor Support Page (http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml), before preparing and submitting its Quote.

NJSTART terminology is used in this document; legacy term appears in braces; thus: NJSTART term {legacy term}.

PURPOSE AND INTENT

This Bid Solicitation is issued by the Procurement Bureau (Bureau), Division of Purchase and Property (Division), Department of the Treasury in furtherance with the National Association of State Procurement Official (NASPO) ValuePoint Cooperative Purchasing Program on behalf of various state agencies and Cooperative Purchasing Program Participants. The purpose of this Bid Solicitation is to solicit Quotes {Proposals} for the establishment of a NASPO ValuePoint Master Agreement (Master Agreement) with qualified manufactures and/or distributers for the provision of child safety seats and other child transport mechanisms for all participating states/Using Agencies.

The intent of this Bid Solicitation is to award Master Blanket Purchase Orders (Blanket P.O.s) {Contracts} to those responsible Vendors {Bidders} whose Quotes {Proposals}, conforming to this Bid Solicitation are most advantageous to the State, price and other factors considered. The State may award any and all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket P.O. during the Blanket P.O. term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.

It is the State’s intent to award at least one (1) Blanket P.O. per region (Reference Section 1.2.1, Geographical Regions, for a breakdown by state). At award, the State intends to identify one (1) Prime Vendor {Contractor} (Prime) and at least one (1) Alternate Vendor {Contractor} (Alternate), if applicable. Using Agencies will purchase all items from the Prime Vendor {Contractor} of each region, pursuant to the Method of Engagement outlined in Section 1.2.2 of this Bid Solicitation.

Consideration will be given for a Nationwide Blanket P.O. based on price, Vendor {Bidder} capability of providing services to all regions, and other factors.

The State of New Jersey (State) intends to extend the Blanket P.O.s {Contracts} awarded to the Division's Cooperative Purchasing Program participants. These participants include quasi-State entities, counties, municipalities, school districts, volunteer fire departments, first aid squads, independent institutions of higher learning, County colleges, and State colleges. In order for the State Blanket P.O. to be extended to Cooperative Purchasing Program participants, the Vendor {Bidder} must agree to the extension by executing the Cooperative Purchase Form. Also refer to Section 4.4.6 of this Bid Solicitation. Although the State, with the consent of the Vendors {Bidders}, is making the use of any Blanket P.O. resulting from this Bid Solicitation available to non-State Agencies, the State makes no representation as to the acceptability of any State Bid Solicitation terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation. Additionally, the Blanket P.O. will be extended to all NASPO ValuePoint Cooperative Participating Entities.

BACKGROUND

This is a reprocurement of similar services provided under the M2002- Child Safety Seats WSCA- NASPO Cooperative term Blanket P.O., presently due to expire on 10/31/18. Vendors {Bidders} http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. (Enter M2002) at http://www.state.nj.us/treasury/purchase/pricelists.shtml and are cautioned that this new Bid Solicitation may have additional or varying tasks from previous versions to address current requirements.

For the purpose of the reprocurement, New Jersey is the Lead State and issuing office for this Bid Solicitation and all subsequent Bid Amendments {Addenda} relating to it. The objective of this Bid Solicitation is to obtain the best value, and in some cases achieve more favorable pricing, than may be obtainable by an individual state or local government entity through the use of collective volume of potential purchases.

The savings realized by the potential Vendor {Contractor} in managing one (1) comprehensive NASPO VALUEPOINT Master Agreement rather than numerous state and local Blanket P.O.s {Contracts} should result in the most attractive service level and discounts available in the marketplace.

The Master Agreement resulting from this Bid Solicitation may be used by state governments (including state departments, agencies, institutions), institutions of higher education, political subdivisions (i.e., colleges, school districts, counties, cities, etc.), and other eligible entities subject to approval of the individual state procurement director and compliance with local statutory and regulatory provisions.

GEOGRAPHICAL REGIONS

For the purposes of this Bid Solicitation, the United States has been divided into the following four (4) regions: Central, Eastern, Mountain, and Pacific. States comprising each region are indicated below:

Central Region North Dakota, South Dakota, Minnesota, Nebraska, Iowa, Wisconsin, Illinois, Missouri, Kansas, Oklahoma, Arkansas, Tennessee, Mississippi, Alabama, Louisiana, Texas, Western Kentucky, and Western Indiana.

Eastern Region Michigan, Eastern Indiana, Ohio, Eastern Kentucky, New York, Pennsylvania, New Jersey, New Hampshire, Maine, Rhode Island, Connecticut, Delaware, Maryland, District of Columbia (DC), North Carolina, South Carolina, Georgia, and Florida.

Mountain Region Montana, Idaho, Wyoming, Utah, Colorado, Arizona, and New Mexico.

Pacific Region Washington, Oregon, Nevada, Alaska, Hawaii, and California.

METHOD OF ENGAGEMENT

Using Agencies will purchase all items from the identified Prime of each region. In the event that the Prime cannot deliver the requested item, the Using Agency may bypass the Prime and purchase the requested item from the 1st Alternate, under the following limited circumstances:

A. The Prime informs the Using Agency that the requested item is backordered, discontinued, recalled, and/or the Prime does not offer the desired item that meets the Participating State’s needs, and a suitable replacement will not be available in the Using Agency’s required time frame;

B. The Prime’s item does not possess the Using Agency’s requested Optional Offering (as demonstrated in Bid Solicitation Section 3.10); and/or

C. The Using Agency determines that the service provided by the Prime on three (3) previous orders was unsatisfactory as evidenced by the Using Agency filing complaints through the http://www.state.nj.us/treasury/purchase/pricelists.shtml

Division’s Contract Compliance and Audit Unit (CCAU) and the Participating State’s formal complaint process.

In the event that the Prime and 1st Alternate cannot meet the Using Agency’s needs (as referenced above), the Using Agency may engage additional Alternates (in sequential order). Note: In the event that that neither the Prime nor the Alternate(s) of a specified region is able to provide the required item, the Using Agency may request to engage the Prime or Alternate of another region using the same method outlined above, with written approval from the Lead State Contract Manager.

PARTICIPATING STATE’S HISTORICAL USAGE AND STATE-SPECIFIC TERMS AND CONDITIONS

In addition to the Lead State conducting this solicitation, at this time, the below Participating States have requested to be named in this Bid Solicitation as potential users of the resulting Master Agreement. Historical usage data from the current Blanket P.O. from states who have indicated an interest in participating in the Blanket P.O. resulting from this Bid Solicitation, can also be found below. Please note that no minimum or maximum level of sales volume is guaranteed or implied during the term of this Blanket P.O. or any extension period thereto.

Historical Spend

State Total Spend (Current Contract)

Connecticut $5,000

Delaware $5,000

Hawaii Not Available

Illinois $40,000

Maine $43,260

Minnesota $69,000

Missouri $20,000

Montana Not Available

Nebraska Not Available

New Jersey $300,000

North Dakota $50,000

Ohio $260,000

Rhode Island $6,900

South Dakota $190,000

Texas $200,000

Utah Not Available

NASPO ValuePoint Master Agreement Terms and Conditions can be found in Attachment #1 of this Bid Solicitation. Terms and Conditions specific to a State will be addressed in the respective state’s Participating Addendum. Please reference Attachment #2, Prospective Participating State-Specific Terms and Conditions for those terms specific to the aforementioned states. Please be advised that this attachment does not include Terms and Conditions for each state. Prospective states may negotiate special or unique terms and conditions that will govern its respective Participating Addendum. Note: This is not an extensive list as other states may elect to participate post award of the Blanket P.O. and subsequent issuance of the resulting Master Agreement. Future Participating States will negotiate terms and conditions directly with the awarded Vendors {Contractors}.

NASPO VALUEPOINT BACKGROUND INFORMATION

NASPO ValuePoint (formerly known as WSCA-NASPO) is a cooperative purchasing program of all 50 states, the District of Columbia, and the territories of the United States. The Program is facilitated by the NASPO Cooperative Purchasing Organization LLC, a nonprofit subsidiary of the National Association of State Procurement Officials (NASPO), doing business as NASPO ValuePoint.

NASPO is a non-profit association dedicated to strengthening the procurement community through education, research, and communication. It is made up of the directors of the central purchasing offices in each of the 50 states, the District of Columbia, and the territories of the United States.

NASPO ValuePoint facilitates administration of the cooperative group contracting consortium of State Chief Procurement Officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. For more information on NASPO VALUEPOINT please reference the following websites www.naspovaluepoint.org and www.naspo.org.

NASPO VALUEPOINT MASTER AGREEMENT

The State of New Jersey’s Blanket P.O. resulting from this Bid Solicitation will constitute the final NASPO ValuePoint Master Agreement except for Bid Solicitation Section 9.0, State of New Jersey Standard Terms and Conditions (this section will ONLY apply to the State of New Jersey).

Negotiated terms and conditions specific to each state will be addressed in its respective Participating Addendum. The awarded Vendors {Contractors} resulting from this Bid Solicitation will enter into a Participating Addendum with each Participating State.

KEY EVENTS

ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Vendors {Bidders} via the “Q&A” Tab of the Bid Solicitation in NJSTART.

A. Questions should be directly tied to the Bid Solicitation and asked in consecutive order, from beginning to end, following the organization of the Bid Solicitation; and

B. Each question should begin by referencing the Bid Solicitation page number and section number to which it relates.

Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

A Vendor {Bidder} shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation, prior to the final award of the Blanket P.O.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation is indicated on the Bid Solicitation cover sheet. In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation. Bid Amendments {Addenda} to this Bid Solicitation, if any, will be posted as a File Attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date.

(See Bid Solicitation Section 1.4.1 for further information.)

EXCEPTIONS TO THE STATE OF NJ STANDARD TERMS AND CONDITIONS (SSTC)

Questions regarding the State of New Jersey Standard Terms and Conditions (SSTC), Attachment #1, NASPO ValuePoint Master Agreement Terms and Conditions, and exceptions to mandatory requirements must be posed during this Electronic Question and Answer period and shall contain the Vendor’s {Bidder’s} suggested changes and the reason(s) for the suggested changes. Please be advised that the Lead State will not address http://www.naspovaluepoint.org/ http://www.naspo.org/ any questions regarding Attachment #2 - Prospective Participating State-Specific Terms and Conditions.

SUBMISSION OF QUOTES {PROPOSALS}

In order to be considered for award, the Quote must be received by the Procurement Bureau of the Division at the appropriate location by the required time.

Vendors {Bidders} shall submit a Quote either electronically through NJSTART or via hard copy.

QUOTES {PROPOSALS} NOT RECEIVED PRIOR TO THE QUOTE OPENING DEADLINE

SHALL BE REJECTED. THE DATE AND TIME OF THE QUOTE OPENING IS INDICATED ON

THE BID SOLICITATION COVER SHEET AND ON THE “SUMMARY” TAB OF THE BID

SOLICITATION WEBPAGE WITHIN NJSTART.

IF THE QUOTE OPENING DEADLINE HAS BEEN REVISED, THE NEW QUOTE OPENING

DEADLINE SHALL BE SHOWN ON THE POSTED BID AMENDMENT AND ON THE

“SUMMARY” TAB OF THE BID SOLICITATION WEBPAGE WITHIN NJSTART.

Procedural inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov and/or (609) 341-3500.

The State will not respond to substantive questions related to the Bid Solicitation or any other Blanket P.O. via this e-mail address or phone number. For inquiries related to substantive questions refer to Section 1.3.1 (Electronic Question and Answer Period).

VENDOR {BIDDER} SUPPORT

Vendors {Bidders} are strongly encouraged to visit the NJSTART Vendor Support Page, which contains Quick Reference Guides (QRGs), supporting videos, a glossary of NJSTART terms, and helpdesk contact information.

The Vendor {Bidder} should utilize the QRGs before attempting to submit its Quote using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote and attachments have been properly submitted.

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

PRE-QUOTE DOCUMENT REVIEW

Not applicable to this procurement.

ADDITIONAL INFORMATION

BID AMENDMENTS {ADDENDA}: REVISIONS TO THIS BID SOLICITATION

In the event that it becomes necessary to clarify or revise this Bid Solicitation, such clarification or revision will be by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation.

There are no designated dates for release of Bid Amendments {Addenda}. Those Vendors {Bidders} who are on the bid holder list either through commodity code registration in NJSTART or mailto:njstart@treas.nj.gov by acknowledging the bid in NJSTART should receive notification of any Bid Amendment(s) {Addenda}. If a Vendor {Bidder} is not on the bid holder list to receive notifications related to a Bid Solicitation, Bid Amendments {Addenda} are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

BID AMENDMENTS {ADDENDA} WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE

VIEWABLE ON THE “SUMMARY” PAGE OF THE BID SOLICITATION IN NJSTART. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instructions. QRGs are located on the NJSTART Vendor Support Page.

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all Bid Amendments {Addenda} related to this procurement. An interested Vendor {Bidder} should check the NJSTART “Open Bids” Tab on a daily basis to ensure review of the most updated information.

VENDOR {BIDDER} RESPONSIBILITY

The Vendor {Bidder} assumes sole responsibility for the complete effort required in submitting a Quote in response to this Bid Solicitation. No special consideration will be given after Quotes {Proposals} are opened because of a Vendor’s {Bidder’s} failure to be knowledgeable as to all of the requirements of this Bid Solicitation.

COST LIABILITY

The State assumes no responsibility and bears no liability for costs incurred by a Vendor {Bidder} in the preparation and submittal of a Quote in response to this Bid Solicitation.

CONTENTS OF QUOTE

Quotes {Proposals} can be released to the public pursuant to N.J.A.C. 17:12-1.2(b) and (c), or under the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1.1 et seq., or the common law right to know.

After the opening of sealed Quotes {Proposals}, including Quotes {Proposals} submitted through the NJSTART electronic process, all information submitted by a Vendor {Bidder} in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Vendor {Bidder}. Proprietary and confidential information may be exempt from public disclosure by OPRA and/or the common law. When the Bid Solicitation contains a negotiation component, the Quote will not be subject to public disclosure until a notice of intent to award a Blanket P.O. is announced.

As part of its Quote, a Vendor {Bidder} may designate any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion.

The location in the Quote of any such designation should be clearly stated in a cover letter.

The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the Vendor {Bidder} accordingly. Any proprietary and/or confidential information in a Quote will be redacted by the State. The State will not honor any attempt by a Vendor {Bidder} to designate its entire Quote and/or prices as proprietary, confidential and/or to claim copyright protection for its entire Quote. Copyright law does not prohibit access to a record which is otherwise available under OPRA. In the event of any challenge to the Vendor’s {Bidder’s} assertion of confidentiality with which the State does not concur, the Vendor {Bidder} shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Vendor {Bidder}. The State assumes no such responsibility or liability.

A Vendor {Bidder} shall not designate any price lists and/or catalogs submitted as exempt from public disclosure as the same must be accessible to State Using Agencies and Cooperative Purchasing Program participants (if the Bid Solicitation has been extended to these participants) and thus must be made public to allow all eligible purchasing entities access to the pricing information.

ANNOUNCEMENT OF QUOTE INFORMATION

On the date and time Quotes {Proposals} are due under the Bid Solicitation, all information concerning the Quotes {Proposals} submitted may be publicly announced and shall be available for inspection and copying except as noted below:

A. Information appropriately designated as proprietary and/or confidential shall not be available for inspection and copying; and

B. Where negotiation is contemplated, only the names and addresses of the Vendors {Bidders} submitting Quotes {Proposals} will be announced, and the contents of the Quotes {Proposals} shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

PRICE ALTERATION IN QUOTES {PROPOSALS}

Any price changes including hand written revisions or "white-outs" must be initialed. Failure to initial price changes shall preclude a Blanket P.O. award from being made to the Vendor {Bidder}.

QUOTE ERRORS

In accordance with N.J.A.C. 17:12-2.11 “Proposal errors,” a Vendor {Bidder} may withdraw its Quote as described below.

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

NJSTART: A Vendor {Bidder} may withdraw its Quote submission in NJSTART prior to the Quote opening; however, Vendors {Bidders} should note that while withdrawn NJSTART Quotes {Proposals} remain viewable by the Vendor {Bidder} on its Vendor Profile Homepage, they are removed from the Division’s view and cannot be considered for Blanket P.O. award. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

Hard Copy: A Vendor {Bidder} may request that its hard copy Quote be withdrawn prior to the Quote opening. Such request must be made, in writing, to the Supervisor of the Proposal Review Unit at the address provided in Section 1.4.7.2 below. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission and at the place specified.

QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO BLANKET P.O. AWARD

NJSTART and Hard Copy: If, after the Quote opening, but before Blanket P.O. award, a Vendor {Bidder} discovers an error in its Quote, the Vendor {Bidder} may make a written request to the Supervisor of the Proposal Review Unit to withdraw its Quote from consideration for award. If the Vendor’s {Bidder’s} request to withdraw is made in good faith, and the State will not be significantly prejudiced by granting the withdrawal of the Quote beyond the loss of the benefit of the bargain to the State of the withdrawing Vendor’s {Bidder’s} offer, the request shall be granted. Evidence of the Vendor’s {Bidder’s} good faith in making this request can be demonstrated by one (1) or more of the following factors: A mistake is so significant that to enforce the Blanket P.O. resulting from the Quote would be unconscionable; that the mistake relates to a material feature or term of the Blanket P.O.; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After Quote opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its Quote and the Director may in her discretion allow said Vendor {Bidder} to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Vendor {Bidder} and take those prior requests to withdraw into consideration when evaluating the Vendor’s {Bidder’s} future Quotes {Proposals}.

All Quote withdrawal requests must include the Bid Solicitation identification number and the final Quote submission date and be sent to the following address:

Department of the Treasury Division of Purchase and Property PO Box 230 33 West State Street – 9th Floor Trenton, New Jersey 08625-0039 Attention: Supervisor, Proposal Review Unit

If during a Quote evaluation process, an obvious pricing error made by a potential Blanket P.O.

awardee is found, the Director or her designee shall issue written notice to the Vendor {Bidder}.

The Vendor {Bidder} will have up to five (5) business days after receipt of the notice to confirm its pricing. If the Vendor {Bidder} fails to respond, its Quote shall be considered withdrawn, and no further consideration shall be given to it.

JOINT VENTURE

If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance Page {Signatory Page}. Each party to the Joint Venture must individually comply with all the forms and certification requirements in Sections 4.4.1 and 4.4.2 of this Bid Solicitation.

RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE

In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17:12-2.13, the State of New Jersey will invoke reciprocal action against an out-of-State Vendor {Bidder} whose state or locality maintains a preference practice for its in-state Vendors {Bidders}. The State of New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Procurement Officials, or the National Institute of Governmental Purchasing or a State’s statutes and regulations to identify States having preference laws, regulations, or practices and to invoke reciprocal actions.

The State of New Jersey may obtain additional information as it deems appropriate to supplement the stated survey information.

A Vendor {Bidder} may submit information related to preference practices enacted for a State or Local entity outside the State of New Jersey. This information may be submitted in writing as part of the Quote response, including name of the locality having the preference practice, as well as identification of the county and state, and should include a copy of the appropriate documentation, i.e., resolution, regulation, law, notice to Vendor {Bidder}, etc. It is the responsibility of the Vendor {Bidder} to provide documentation with the Quote or submit it to the Director within five (5) business days after the deadline for Quote submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote submission date may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.

QUOTE ACCEPTANCES AND REJECTIONS

N.J.A.C. 17:12-2.7(d), the Director’s right to waive minor irregularities or omissions in a Quote and N.J.A.C. 17:12-2.2 which defines causes for Quote rejection, apply to all Quotes {Proposals}.

ELECTRONIC SIGNATURES

Vendors {Bidders} submitting Quotes {Proposals} through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket P.O. Award and That Should Be Submitted with the Quote) of this Bid Solicitation electronically by typing the name of the authorized signatory in the “Signature” block as an alternative to downloading, physically signing the form, scanning the form, and uploading the form to NJSTART.

Vendors {Bidders} submitting Quotes {Proposals} in hard copy format, must provide forms with original, physical signatures, otherwise its Quote may be deemed non-responsive.

DEFINITIONS

CROSSWALK

NJSTART Term Equivalent Existing New Jersey Term

Bid/Bid Solicitation RFP/Solicitation

Bid Amendment Addendum

Change Order Contract Amendment

Master Blanket Purchase Order (Blanket P.O.) Contract

Offer and Acceptance Page Signatory Page

Quote Proposal

Vendor Bidder/Contractor

GENERAL DEFINITIONS

The following definitions will be part of any Blanket P.O. awarded or order placed as a result of this Bid Solicitation.

NJSTART terminology is used in this document; legacy term appears in braces; thus: NJSTART term {legacy term}.

All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: labor costs, overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.

Best and Final Offer or BAFO – Pricing timely submitted by a Vendor {Bidder} upon invitation by the Bureau after Quote opening, with or without prior discussion or negotiation.

Bid or Bid Solicitation {RFP or Solicitation} – This series of documents, which establish the bidding and Blanket P.O. requirements and solicits Quotes {Proposals} to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation, State of NJ Standard Terms and Conditions (SSTC), price schedule, attachments, and Bid Amendments {Addenda}.

Bid Amendment – Written clarification or revision to this Bid Solicitation issued by the Bureau. Bid Amendments {Addenda}, if any, will be issued prior to Quote opening.

Business Day – Any weekday, excluding Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Calendar Day – Any day, including Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Change Order {Contract Amendment} – An alteration or modification of the terms of a Blanket P.O. between the State and the Vendor(s) {Contractor(s)}. A Change Order {Contract Amendment} is not effective until it is signed and approved in writing by the Director or Deputy Director, Division of Purchase and Property.

Cooperative Purchasing Program – The Division’s intrastate program that provides procurement-related assistance to New Jersey local governmental entities and boards of education, State and county colleges and other public entities having statutory authority to utilize select State Blanket P.O.s {Contracts} issued by the Division, pursuant to the provisions of N.J.S.A. 52:25-16.1 et seq.

Days After Receipt of Order (ARO) – The number of calendar days ‘After Receipt of Order’ in which the Using Agency will receive the ordered materials and/or services.

Director – Director, Division of Purchase and Property, Department of the Treasury, who by statutory authority is the Chief Contracting Officer for the State of New Jersey.

Discount – The standard price reduction applied by the Vendor {Bidder} to all items.

Division – The Division of Purchase and Property.

Evaluation Committee – A committee established or Division staff member assigned by the Director to review and evaluate Quotes {Proposals} submitted in response to this Bid Solicitation and recommend a Blanket P.O. award to the Director.

Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs.

Joint Venture – A business undertaking by two (2) or more entities to share risk and responsibility for a specific project.

Master Blanket Purchase Order (Blanket P.O.) {Contract} – The Blanket P.O. consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation, the responsive Quote submitted by a responsible Vendor {Bidder} as accepted by the State, the notice of award, any Best and Final Offer, any subsequent written document memorializing the agreement, any modifications to any of these documents approved by the State and any attachments, Bid Amendment {Addenda} or other supporting documents, or post-award documents including Change Orders {Contract Amendments} agreed to by the State and the Vendor {Contractor}, in writing.

May – Denotes that which is permissible or recommended, not mandatory.

Must – Denotes that which is a mandatory requirement.

No Bid – The Vendor {Bidder} is not submitting a price Quote for an item on a price line.

No Charge – The Vendor {Bidder} will supply an item on a price line free of charge.

Primary Form – An electronic form contained within a Vendor’s {Bidder’s} NJSTART profile designated by the Vendor {Bidder} as the primary or principal version of the required form.

Procurement Bureau (Bureau) – The Division unit responsible for the preparation, advertisement, and issuance of Bid Solicitations {RFPs}, for the tabulation of Quotes {Proposals} and for recommending award(s) of Blanket P.O. (s) {Contract(s)} to the Director and the Deputy Director.

Project – The undertakings or services that are the subject of this Bid Solicitation.

QRGs – Quick Reference Guides.

Quote – Vendor’s {Bidder’s} timely response to the Bid Solicitation including, but not limited to, technical Quote, price Quote, and any licenses, forms, certifications, or other documentation required by the Bid Solicitation.

Retainage – The amount withheld from the Vendor {Contractor} payment that is retained and subsequently released upon satisfactory completion of performance milestones by the Vendor {Contractor}.

Revision – A response to a BAFO request or a requested clarification of the Vendors {Bidders} Quote.

Shall – Denotes that which is a mandatory requirement.

Should – Denotes that which is permissible or recommended, not mandatory.

Small Business – Pursuant to N.J.A.C. 17:13-1.2, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one (1) of the three (3) following categories: For goods and services - (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and

(C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III); For construction services: (A) 0 to $3,000,000 (Category IV); (B) gross revenues that do not exceed 50 percent of the applicable annual revenue standards established at 13 CFR 121.201 (Category V); and (C) gross revenues that do not exceed the applicable annual revenue standards established at CFR 121.201, (Category VI).

State – The State of New Jersey.

State Contract Manager or SCM – The individual, as set forth in Section 8.0, responsible for the approval of all deliverables, i.e., tasks, sub-tasks or other work elements in the Scope of Work. The SCM cannot direct or approve a Change Order {Contract Amendment}.

Subtasks – Detailed activities that comprise the actual performance of a task.

Subcontractor – An entity having an arrangement with a Vendor {Contractor}, whereby the Vendor {Contractor} uses the products and/or services of that entity to fulfill some of its obligations under its State Blanket P.O., while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket P.O., including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Vendor {Contractor}.

Task – A discrete unit of work to be performed.

Unit Cost – All-inclusive, firm fixed price charged by the Vendor {Bidder} for a single unit identified on a price line.

Using Agency[ies] – A State department or agency, a quasi-State governmental entity, participating entity, or a Cooperative Purchasing Program participant, authorized to purchase products and/or services under a Blanket P.O. procured by the Division. This Blanket P.O. may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation. In addition, with the approval of the Director of the Division of Purchase and Property and the agreement of the Vendor {Contractor}, the Blanket P.O. may be used by any Using Agency or quasi-State governmental entity. The term Using Agency shall also mean a Purchasing Entity as that term is defined in Attachment #1, NASPO ValuePoint Master Agreement Terms and Conditions.

Vendor {Bidder} – An entity offering a Quote in response to the Division’s Bid Solicitation.

Vendor {Contractor} – The Vendor {Bidder} awarded a Blanket P.O. resulting from this Bid Solicitation.

BLANKET P.O. {CONTRACT}-SPECIFIC DEFINITIONS/ACRONYMS

Acceptance – A written notice from a Using Agency to the Vendor {Contractor} advising it that the safety seat, booster, car/vehicle bed, vest, or any other proposed child transport mechanism, has passed its Acceptance Testing.

Acceptance Testing – The process for ascertaining that the Product meets the standards set forth in the section titled Standard of Performance and Acceptance, prior to Acceptance by the Using Agency.

Alternate Vendor {Contractor} – Refers to the awarded Vendor {Contractor} charged with the completion of scope of work engagements in the event that the Primary Vendor {Contractor} is bypassed (reference Bid Solicitation Section 1.2.2).

Authorized Wholesale Dealer – An agent or organization that is authorized to buy goods from a producer or distributor for wholesale and/or retail reselling.

Backless Booster – A firm platform, with no back, used with a lap-shoulder belt, that raises the child so that the height of his thighs and shoulders are closer to those of an adult and helps route both portions of the lap-shoulder belt to fit the smaller body. The booster utilizes the back of the vehicles seat for support of the child’s torso.

Belt-Positioning Booster Seat (BPB) – A crash-tested device that raises the child so that the required lap and shoulder belts fit correctly. All BPBs act as pre-crash positioning devices and must be used with lap and shoulder belts. BPB models may have high backs, or be backless.

Booster Seat – A firm cushion of foam or plastic that raises the child higher in the car/vehicle to improve the position and angle of the shoulder belt.

CamWrap – A seat-mounted system for attaching a safety vest to a school bus seat. (See Portable seat mount).

Child Restraint System (CRS) – A crash-tested device or system that is specially designed to provide infant/child crash protection. General term for systems including child safety seats, safety vests or car/vehicle beds that meet Federal Motor Vehicle Safety Standard 213.

Combination Safety Seat – A type of forward-facing child restraint that is used with an internal Harness system to secure a child. With removal of the internal Harness, it is used as a Belt- Positioning Booster (BPB) seat.

Convertible Safety Seat – A child restraint that “converts” from rear-facing for infants and smaller children to forward-facing for children.

Federal Motor Vehicle Safety Standards (FMVSS) –.A United States (U.S.) federal regulations specifying design, construction, performance, and durability requirements for motor vehicles and regulated automobile safety-related components, systems, and design features.

Federal Motor Vehicle Safety Standard (FMVSS) 302 – A U.S. federal regulation that specifies burn resistance requirements for materials used in the occupant compartments of motor vehicles.

Federal Motor Vehicle Safety Standard (FMVSS) 213 – A U.S. federal regulation that specifies requirements for Child Restraint Systems used in motor vehicles and aircraft.

Five-Point Harness – A form of seat belt that contains five (5) straps that are mounted to the car/vehicle frame.

Free on Board (FOB) Destination, Freight Prepaid and Added – The Vendor {Contractor} prepays the transportation charges, but adds the charges to the invoice for reimbursement.

Freight Pre-Paid – A shipping option where the Using Agency is allowed to choose its own shipping/delivery method and will be responsible for the freight charge.

Forward-Facing Safety Seat – A Child Restraint System that is intended for use only in the forward-facing position for a child that has outgrown his/her rear facing seat.

Harness – A system of straps that keep the child within the shell, distributes crash forces, and helps the child “ride down” the crash.

Harness Adjuster – A device used to tighten or loosen the internal Harness of a Child Restraint System.

Harness Retainer Clip or Chest Clip – A clasp that holds the shoulder straps together over the child’s chest at armpit level.

High Back Booster Seats – See Belt Positioning Booster.

Inside Delivery – Includes delivery, by request of the Using Agency, to any destination within a building, including, but not limited to: a storage room, hallway, subsequent floor than the delivery dock/front door.

Lead State – The State (New Jersey) conducting this cooperative procurement, evaluation, and subsequent Master Agreement award.

List Price – The price for one (1) unit only and does not include freight.

Locking Clip – A flat H-shaped metal item intended to clip lap and shoulder belt webbing together at a free-sliding latch plate in order to prevent the webbing from sliding through. A Locking Clip is a pre-crash positioning device only. It is not to be used as a belt shortening clip.

Lower Anchors and Tethers for Children (LATCH) System – Consists of built-in straps and hooks on the safety seat that are used to anchor hardware into the vehicle

Manufacturer – A company that, as its primary business function designs, assembles, owns the trademark/patent and markets child safety seats and offered devices.

Master Agreement – The underlying agreement (Blanket P.O. {Contract}) executed by and between the Lead State, as a NASPO Blanket P.O. {Contract} Administrator and the Contractor.

Original Equipment Manufacturer (OEM) – A company that makes a part or subsystem that is used in another company's end product.

National Association of State Procurement Officers (NASPO) – A non-profit association dedicated to advancing public procurement through leadership, excellence, and integrity. It is made up of the directors of the central purchasing offices in each of the 50 states, the District of Columbia, and the territories of the United States.

National Highway Traffic Safety Administration (NHTSA) – An agency within the federal Department of Transportation charged with writing and enforcing Federal Motor Vehicle Safety Standards as well as regulations for motor vehicle theft resistance and fuel economy.

Participating Addendum – A bilateral agreement executed by a Vendor {Contractor} and a Using Agency/Participating Entity incorporating the terms and conditions included in the original Bid

Solicitation and any other additional Participating Entity specific language or other requirements, e.g. ordering procedures, or other terms and conditions unique to the participating entity. The purpose of a Participating Addendum is to afford each party using a NASPO ValuePoint contract the protection of the solicitation’s terms and conditions (Please reference Attachment #1 - NASPO ValuePoint Master Agreement Terms and Conditions as it defines Participating Entity and other terms related to participation in ValuePoint.

Participating State (Entity) – Those NASPO ValuePoint Cooperative Purchasing Participants/ that have entered into a Participating Addendum under this Master Agreement. Note: For the purpose of this Bid Solicitation, Participating States are also references as Using Agencies.

Prime Vendor {Contractor} – Refers to the awarded Vendor {Contractor} charged with the overall completion of all scope of work engagements unless bypassed by the SCM or Using Agency during the Method of Engagement (reference Bid Solicitation Section 1.2.2).

Safety Seat – A portable seat for an infant or a small child that attaches to an automobile seat and holds the child safely.

Take-Back Program – A voluntary program that offers to take back and recycle previously purchased items.

Tether System – A long piece of seat belt material that has a clip on the end located at the top back of a convertible car/vehicle seat.

Wholesale Distributor – An agent or organization which acts as the sales and service representative for a manufacturer or supplier.

SCOPE OF WORK

The State of New Jersey’s Master Blanket Purchase Order (Blanket P.O.) {Contract} resulting from this Bid Solicitation shall constitute the official NASPO ValuePoint Master Agreement (Master Agreement) to be followed by all Using Agencies, except for negotiated terms and conditions specific to each Using Agencies’ specific Participating Addendum.

Note: Any child Safety Seat manufacturer and/or authorized Wholesale Distributor awarded a Blanket P.O. {Contract} are herein referenced as Vendor {Contractor}.

ENGAGEMENT

The Vendor {Contractor} will be engaged in accordance with Bid Solicitation Section 1.2.2, Method of Engagement.