0 -T2813 RFP 100318~1.docx

Bid Solicitation

Drug Testing

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

Mandatory/Optional Pre-Quote Submission Conference (Refer to Bid Solicitation Section 1.3.5 for more information.)

Not Applicable

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

Not Applicable

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

Dates are subject to change. All times contained in the Bid Solicitation refer to Eastern Time. All changes will be reflected in Bid Amendments 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

Trenton, New Jersey 086250230

Date: 10/15/18

Table of Contents

BID SPECIFIC DOCUMENTS/ATTACHEMNTS/APPENDICES:

· Price Schedule;

· Appendix 1 – Racing Medication Testing Consortium Protocol for Verification of Label Ingredients

· Appendix 2 – Racing Medication Testing Consortium Unknown Sample Protocol;

· Offer and Acceptance Form; and

· Bid Solicitation Checklist.

INFORMATION FOR VENDORS {BIDDERS}

NOTICE: This Bid Solicitation 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 Offer and Acceptance 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 throughout this document. See Bid Solicitation Section 2.1 for a crosswalk of NJSTART terminology to legacy terminology.

Please be advised that in accordance with P.L. 2018, c. 9, also known as the Diane B, Allen Equal Pay Act, which was signed in to law by Governor Phil Murphy on April 24, 2018, a Vendor {Contractor} performing “qualifying services” or “public work” to the State or any agency or instrumentality of the State shall provide the Commissioner of Labor and Workforce Development a report regarding the compensation and hours worked by employees categorized by gender, race, ethnicity, and job category. For more information and report templates see https://nj.gov/labor/equalpay/equalpay.html.

PURPOSE AND INTENT

This Bid Solicitation is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of the State of New Jersey, Department of Law and Public Safety, Division of the New Jersey Racing Commission. The purpose of this Bid Solicitation is to solicit Quotes for Testing Services to perform Equine Drug Testing on race horses as required by the Medication and Testing Procedure Rules (“Medication Rules”) of the New Jersey Racing Commission (N.J.A.C. 13:70-14A.1 et seq. and 13:71-23.1 et seq).

The intent of this Bid Solicitation is to award a Master Blanket Purchase Order (Blanket P.O.) to that responsible Vendor {Bidder} whose Quote, conforming to this Bid Solicitation is 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.

One (1) award will be made based on the weighted consumption model of the price schedule in combination with weighted Technical Evaluation Criteria listed in Section 6.7.1, Technical Evaluation Criteria.

The State of NJ Standard Terms and Conditions (SSTC) accompanying this Bid Solicitation will apply to all Blanket P.O.s made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this Bid Solicitation and should be read in conjunction with them unless the Bid Solicitation specifically indicates otherwise.

BACKGROUND

It is the objective of the New Jersey Racing Commission to protect the integrity of horse racing, the health and safety of the racing animals, and to safeguard the interest of the wagering public and racing participants through the prohibition and control of all drugs or foreign substances in the horse.

To accomplish this mission, the Vendor {Contractor} awarded a Blanket P.O. under this Bid Solicitation will conduct chemical analysis on blood and urine samples collected from horses regulated under the medication rules of the New Jersey Racing Commission and provide the required analytical services, expert testimony and report findings of the Vendor {Contractor} that performs such testing. The Vendor {Contractor} shall also perform urinalysis for controlled, dangerous substances and prescription drugs in connection with random or for cause testing of officials, jockeys, drivers, trainers or grooms under New Jersey Racing Commission rules (N.J.A.C. 13:71-18.2 and 13:70-14A.11).

In 2015, the Equine Testing Program collected the following sample amounts from approximately 4000 horses:

Estimated tests based on the above samples are as follows. The State does not guarantee a minimum or maximum amount of tests:

Blood and Urine Sub-Tests Contributing to Estimated Quantities Above

Presently, the New Jersey Racing Commission Medications Rules at N.J.A.C. 13:70-14A.1 et seq. and 13:71-23.1 et seq. regulate drugs using the following strategies:

A. Blood Gas Testing by measuring TCO2;

B. Quantitative Analysis of Anabolic Steroids;

C. Quantitative Analysis of all substances as contained in the Association of Racing Commissioners International (ARCI) Controlled Therapeutic Medication Schedule as amended and supplemented;

D. Out of Competition Testing for blood doping agents;

E. Certified testing for the National Thoroughbred Owners and Breeders Association (TOBA);

F. Human testing for safety in the sport; and G. Analysis of evidence submitted by State investigators.

Standard bred and Thoroughbred racing is conducted at the following three (3) racetracks in New Jersey:

The Meadowlands E. Rutherford, NJ Harness Thoroughbred 84 days 13 days

This is a reprocurement of the services under Laboratory Testing Service - Equine Drug Testing, presently due to expire on November 30, 2018 (requesting extension until March 31, 2019). Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. at T2813 at www.njstart.gov by following these steps:

Go to: www.njstart.gov Select “Contract & Bid Search” Select “Contracts/Blankets” Under “Contract/Blanket Description” type in T2813 Click “Find It” The current Blanket P.O’s {Contracts} will appear under “Results”.

Vendors {Bidders} are cautioned that this new Bid Solicitation addresses current requirements.

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) 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.

SUBMISSION OF QUOTES

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 NOT RECEIVED PRIOR TO THE QUOTE OPENING DEADLINE SHALL BE REJECTED. THE DATE AND TIME OF THE QUOTE OPENING ARE 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

Not applicable to this procurement.

PRE-QUOTE DOCUMENT REVIEW

The following are publicly available documents that a Vendor {Bidder} needs to review in order to prepare and submit accurate and comprehensive Quotes:

A. N.J.A.C. 13:70-14A.1 through 14A.17 - Horse Racing Medication and Testing Procedures;

B. N.J.A.C. 13:71-23.1 through 23.16 – Harness Racing Medication and Testing Procedures;

C. Racing Medication Testing Consortium - http://arcicom.businesscatalyst.com/model-rules---standards.html;

D. Association of Racing Commission International [ARCI] Model Rules Chapter 11 at: https://drive.google.com/file/d/0B2HwTiDKu_FHVTFhTU0yU3pmT3M/view; and E. RMTC Laboratory Accreditation Requirements and Operating Standards - http://rmtcnet.com/wp-content/uploads/2015/07/RMTC_Lab_Code_v2-December_2012.pdf.

ADDITIONAL INFORMATION

BID AMENDMENTS: 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. Those Vendors {Bidders} who are on the bid holder list either through commodity code registration in NJSTART or by acknowledging the bid in NJSTART should receive notification of any Bid Amendment(s). If a Vendor {Bidder} is not on the bid holder list to receive notifications related to a Bid Solicitation, Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

BID AMENDMENTS 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 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 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 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, including Quotes 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. Vendor {Bidder} must provide a detailed statement clearly identifying those sections of the Quote that it claims are exempt from production, and the legal and factual basis that supports said exemption(s) as a matter of law. Please include a redacted copy of the Quote indicating the sections identified as confidential. The State will not honor any attempts by a Vendor {Bidder} to designate its entire Quote as proprietary, confidential and/or to claim copyright protection for its entire Quote.

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. 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.

In order not to delay consideration of the Quote or the State’s response to a request for documents, the State requires that Vendor {Bidder} respond to any request regarding confidentiality markings within the timeframe designated in the State’s correspondence regarding confidentiality. If no response is received by the designated date and time, the State will be permitted to release a copy of the Quote with the State making the determination regarding what may be proprietary or confidential.

ANNOUNCEMENT OF QUOTE INFORMATION

On the date and time Quotes are due under the Bid Solicitation, all information concerning the Quotes 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 will be announced, and the contents of the Quotes shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

PRICE ALTERATION IN QUOTES

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 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 his/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.

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 his/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. 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.

ELECTRONIC SIGNATURES

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

DEFINITIONS

CROSSWALK

GENERAL DEFINITIONS

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

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 – This series of documents, which establish the bidding and Blanket P.O. requirements and solicits Quotes to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation, State of NJ Standard Terms and Conditions (SSTC), State-Supplied Price Sheet, attachments, and Bid Amendments.

Bid Amendment – Written clarification or revision to this Bid Solicitation issued by the Bureau. Bid Amendments, 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 – An amendment, alteration, or modification of the terms of a Blanket P.O. between the State and the Vendor(s) {Contractor(s)}. A Change Order 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 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 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.) – 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 or other supporting documents, or post-award documents including Change Orders 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, for the tabulation of Quotes and for recommending award(s) of Blanket P.O.(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.

State-Supplied Price Sheet – the bidding document created by the State and attached to this Bid Solicitation on which the Vendor {Bidder} submits it proposal pricing as is referenced and described in Bid Solicitation Section 4.4.5.

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, 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.

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.-SPECIFIC DEFINITIONS/ACRONYMS

Accession – The act of coming into the possession of a right, title office, etc.

American Graded Stakes (AGS) – A thoroughbred horse race in the United States or Canada that meets the criteria of the American Graded Stakes Committee of the Thoroughbred Owners and Breeders Association (TOBA).

AORC – Association of Official Racing Chemists.

ARCI – Association of Racing Commissioners International.

Corrective Action Plan (CAP) –- A step by step plan of action developed to achieve targeted outcomes for resolution of identified errors.

Competition – A horse race.

Controlled Therapeutic Medications – Medications that are given to horses under the observation of a doctor of veterinary medicine that may influence the horse’s performance.

Double-Blinded Proficiency Sample – An experimental procedure in which neither the subjects nor the experimenters know which samples are in the test and control groups during the actual course of the testing.

Enzyme-Linked Immunosorbent Assay (ELISA) – A test designed for detecting, and quantifying antibodies in the blood.

External Quality Assurance Program (EQAP) – A method that allows for comparison a Vendor {Contractor}’s testing to a source outside the Vendor {Contractor}.

Equine Drug Testing – A form of drug testing applied to performance horses in regulated competition.

General Services Administration (GSA) – An administration established in 1949 by President Truman to streamline the administrative work of the federal government.

Harness – A set of straps and fitting by which a horse or other draft animal is fastened to a cart and is controlled by its driver.

Ion-Selective Method – The method of isolating a specific ion electrode.

International Organization for Standardization (ISO) – An international standard-setting body composed of representatives from various national standards organizations

ISO 17025 – Specifies the general requirements for the competence to carry out tests and/or calibrations, including sampling. It covers testing and calibration performed using standard methods, non-standard methods, and Vendor {Contractor}-developed methods.

Matrix – Fluid portion of whole blood.

Medication Rules – Medication and testing procedure regulations of the N.J. Racing Commission for horse and harness racing (N.J.A.C. 13:71-23.1 et seq. and N.J.A.C. 13:70-14A.1 et seq.).

OSHA – Occupational Safety and Health Administration.

Out of Competition Testing – A test wherein a horse is selected for testing during a period the horse is not competing.

Purse Money – The total amount of money offered in prizes for a given event.

Single-Blinded Proficiency Sample – An experimental procedure in which the experimenters but not the subjects know which samples are in the test and control groups during the actual course of the testing.

Standardbred – A horse of a breed able to attain a specified speed, developed especially for trotting.

Total Carbon Dioxide (TCO2) – A measure that includes carbon dioxide, bicarbonate (HCO3), carbonate (CO32), and carbonic acid (H2CO3).

Thin Layer Chromatography – A method used to separate organic and inorganic compounds on a sheet of glass or plastic that is coated with a thin layer of absorbent material.

Threshold Substance – A material excreted in the urine only when its concentration in the plasma exceeds a certain value.

Thoroughbred – A pure bred horse, especially a breed originating from English mares and Arab stallions and widely used as racehorses.

TOBA – Thoroughbred Owners and Breeders’ Association.

RMTC – Racing Medication Testing Consortium.

SCOPE OF WORK

The Vendor {Contractor} awarded a Blanket P.O. under this Bid Solicitation shall conduct chemical analysis on blood and urine samples collected from horses regulated under the medication rules of the New Jersey Racing Commission (Commission) and provide the Commission with required analytical services, expert testimony, and report findings of the Vendor {Contractor} that performs such testing. The Vendor {Contractor} shall also perform urinalysis for controlled, dangerous substances, and prescription drugs in connection with random or for cause testing of officials, jockeys, drivers, trainers, or grooms pursuant to the Medication Rules. Screening reports, final reports, reports of adverse findings, confirmatory analysis reports, and data (litigation) packets shall meet all ISO 17025-2005 criteria as amended and supplemented.

The Vendor {Contractor} shall not subcontract during the life of the Blanket P.O. Any and all work performed pursuant to this Blanket P.O. shall be performed by the Vendor {Contractor} with its own personnel and equipment, within its own facilities located within the United States.

3.1 STANDARD POST-RACE SCREENING ANALYSIS

The Vendor {Contractor} shall perform, at a minimum, instrumental drug screening analysis on all post-race samples as described below:

A. The post-race testing menu for all tested samples shall include instrumental screening analysis with a scope of testing encompassing all Controlled Therapeutic Medications (as published in the Association of Racing Commission International [RCI] Model Rules Chapter 11 available at: http://www.arci.com/model-rules---standards.html) with testing sensitivities at or below regulatory thresholds, and the Thoroughbred Owners and Breeders’ Association (TOBA) American Graded Stakes Committee (AGS) requirements available at: https://toba.org/graded-stakes/.

B. All graded and listed stakes samples submitted for testing shall be tested for Cobalt at the TOBA recommended threshold of 0.025ng/ml.

Note: A limited number of Enzyme-Linked Immunosorbent Assay (ELISA) tests, for substances lacking a validated instrumental screening method, may also be proposed;

The Vendor {Contractor} shall provide justification for each ELISA test it intends to apply to the Commission’s samples. At a minimum, the justification shall demonstrate that the sensitivity of the proposed ELISA test kit is relevant to the agency’s regulation of the listed substances; and

ELISA tests shall not be rotated; all proposed tests must be applied to all post-race samples.

C. Ensure that the use of thin-layer chromatography is not utilized in the completion of these services; and

D. Ensure that samples are not pooled.

All samples shall be subjected to the same scope of analysis with respect to threshold substances.

OUT OF COMPETITION (OOC) TESTING

The Vendor {Contractor} shall ensure that Out of Competition (OOC) testing at a minimum adheres to the following:

A. Samples will be tested to a scope of analysis as described in N.J.A.C. 13:70-14A.13 and N.J.A.C. 13:71-23.15;

B. Ensure that samples are not pooled; and

C. The Vendor {Contractor} shall describe, in writing, the validated methodology it employs for screening and for confirmatory analyses upon request from the New Jersey Racing Commission.

TOTAL CARBON DIOXIDE (TCO2) TESTING

The Vendor {Contractor} shall adhere to, at a minimum:

A. Blood samples identified for Total Carbon Dioxide (TCO2) testing shall be subjected to analysis on a Beckman Synchron EL-ISE instrument using validated methodology. If the Vendor {Contractor} proposes to employ a different instrument, it must demonstrate the proposed instrument applies an Ion Selective Method (ISE) for measuring TCO2 in blood consistent with the Beckman equipment;

B. Samples shall be subjected to analysis within 120 hours of collection from the horse. The Vendor {Contractor} shall not analyze samples greater than 120 hours post-collection;

C. The Vendor {Contractor} shall promptly notify the Commission of any samples excluded from analysis due to sample age or other reasons; and

D. Samples will be tested to a scope of analysis as described in N.J.A.C. 13:70-14A.14 and N.J.A.C. 13:71-23.3A.

SAMPLES DERIVED FROM HORSES WORKING FOR RELEASE FROM THE VETERINARIAN’S LIST OR FROM QUALIFYING RACES

Blood and/or urine samples shall be subject to complete screening by the Vendor {Contractor} consistent with analyses performed on post-race samples as described in Section 3.1 of this Bid Solicitation. Samples shall not be pooled.

All suspicious findings shall be subjected to confirmatory analysis consistent with the requirements demonstrated in this Bid Solicitation.

ELECTIVE TESTING – TARGETED ANALYSIS FOR ADMINISTERED SUBSTANCES

At the discretion of the Commission, samples may be submitted to undergo targeted analysis for the determination of one (1) or more specific substance(s).

A. The Matrix (blood and/or urine) submitted shall be relevant to the Commission’s regulations with respect to the substance’s threshold in blood and/or urine;

B. All samples submitted for targeted analysis will be submitted through the Commission. With the exception of accepting split samples for analysis, the Vendor {Contractor} shall not accept privately or independently submitted samples for analysis without the prior written consent of the Commission; and

C. For substances associated with a regulatory threshold other than the Vendor {Contractor}’s limit of detection, quantitative analysis shall be performed. For substances associated with a regulatory threshold at the limit of detection, qualitative analysis shall be performed.

The cost for targeted analysis can be substance-specific and may appropriately be addressed on a per-sample basis. Therefore, the Vendor {Contractor} shall establish pricing after receiving notification of the designated substance and inform the Commission in advance of sample submission. The cost for targeted analysis shall not exceed the Vendor {Contractor} Vendor {Contractor}’s pricing for analysis of a post-race sample of the same matrix absent Vendor {Contractor} justification for the increased cost and Commission approval.

Additionally, the Vendor {Contractor} shall adhere to, at a minimum:

D. Provide its report of findings to the Commission within five (5) business days. Any communications regarding any and all aspects of the analysis shall be between the Commission and the Vendor {Contractor}. The Vendor {Contractor} shall not consult directly with the submitting veterinarian, trainer, or owner without the prior consent of the Commission; and

E. The Vendor {Contractor} shall not accept samples for analysis related to doping control (regulated therapeutic medications or banned substances) from any individual or agency, other than those with which it has contractual agreements, without the prior consent of the New Jersey Racing Commission.

SUBSTANCES/UNKNOWNS Testing

The Vendor {Contractor} shall adhere to, at a minimum:

A. For substances bearing content labels, the Vendor {Contractor} shall perform analysis consistent with the Racing Medication Testing Consortium (RMTC) Protocol for Verification of Label Ingredients (Reference Appendix A of this Bid Solicitation ); and

B. For substances lacking a list of label ingredients, the Vendor {Contractor} shall perform analysis consistent with the RMTC Unknown Sample Protocol (Reference Appendix B of this Bid Solicitation).

CHANGES TO SCOPE OF TESTING

The Vendor {Contractor} shall at a minimum:

A. Ensure not to amend the scope of testing for any sample(s), without securing prior written approval from the Commission;

B. The Commission may request changes to the scope of…