1 - T1057 REVISED WIC Rebate RFP 110317.pdf

Bid Solicitation/Request for Proposal

Bid # 18DPP00157

For: T1057–WIC Infant Formula Rebate: DOH

Event Date Time

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

10/06/17 2:00 PM

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

Not Applicable

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

Not Applicable

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

11/30/17 2:00 PM

Dates are subject to change. All times contained in the Bid Solicitation {RFP} refer to Eastern Time.

All changes will be reflected in Bid Amendments {Addenda} to the Bid Solicitation {RFP} 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. {Contract}

☐ Partial Blanket P.O. {Contract}

☐ Subcontracting Only

Category

☐ I ☐ IV

☐ II ☐ V

☐ III ☐ VI

Bid Solicitation {RFP} Issued By Using Agency/Agencies

State of New Jersey State of New Jersey Department of the Treasury Department of Health Division of Purchase and Property Division of Family Health Services Trenton, New Jersey 08625-0230

Date: Revised as of 11/03/17 in accordance with Bid Amendment {Addendum} #3 http://www.njstart.gov/

Table of Contents

INFORMATION FOR VENDORS {BIDDERS}

PURPOSE AND INTENT

BACKGROUND

WIC ACCESS

WIC ISSUANCE OF INFANT FORMULA

NOTIFICATION OF REBATE INFANT FORMULA

DATABASE OF WIC RETAILERS

MONTHLY INFANT FORMULA REBATE

KEY EVENTS

ELECTRONIC QUESTION AND ANSWER PERIOD

SUBMISSION OF QUOTES {PROPOSALS}

VENDOR {BIDDER} SUPPORT

MANDATORY/OPTIONAL SITE VISIT

MANDATORY/OPTIONAL PRE-QUOTE {PROPOSAL} CONFERENCE

PRE-QUOTE {PROPOSAL} DOCUMENT REVIEW

ADDITIONAL INFORMATION

BID AMENDMENTS {ADDENDA}: REVISIONS TO THIS BID SOLICITATION {RFP}

VENDOR {BIDDER} RESPONSIBILITY

COST LIABILITY

CONTENTS OF QUOTE {PROPOSAL}

ANNOUNCEMENT OF QUOTE {PROPOSAL} INFORMATION

PRICE ALTERATION IN QUOTES {PROPOSALS}

QUOTE {PROPOSAL} ERRORS

JOINT VENTURE

RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE

QUOTE {PROPOSAL} ACCEPTANCES AND REJECTIONS

ELECTRONIC SIGNATURES

DEFINITIONS

CROSSWALK

GENERAL DEFINITIONS

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

SCOPE OF WORK

ESSENTIAL REQUIREMENTS

GENERAL REQUIREMENTS

KICK-OFF MEETING (KM)

MONITORING MEETINGS (MM)

INFANT FORMULA

INFANT FORMULA SPECIFICATIONS

MANUFACTURING/PACKAGING REQUIREMENTS

REFORMULATION/PRODUCT SUBSTITUTIONS/CHANGES IN LABELING AND PACKING

PRODUCT SUBSTITUTION

VENDOR {CONTRACTOR} REBATE

PRICE ADJUSTMENTS

REBATE PAYMENT SCHEDULING & SUBMISSION TO WIC SERVICES

REBATE INVOICE SCHEDULING AND PAYMENT TO VENDOR {CONTRACTOR}

WIC PROGRAM CONFIDENTIALITY REQUIREMENTS

USE OF WIC SERVICES MARKS

QUOTE {PROPOSAL} PREPARATION AND SUBMISSION

GENERAL

QUOTE {PROPOSAL} DELIVERY AND IDENTIFICATION

NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

NJSTART SUBMISSION OF QUOTE {PROPOSAL}

HARD COPY SUBMISSION

QUOTE {PROPOSAL} CONTENT

FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH QUOTE {PROPOSAL}

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

AND THAT SHOULD BE SUBMITTED WITH THE QUOTE {PROPOSAL}

SUBMITTALS

ORGANIZATIONAL SUPPORT AND EXPERIENCE

PRICE SCHEDULE/SHEET

COOPERATIVE PURCHASING PROGRAM

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

PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS

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

BLANKET P.O. {CONTRACT} TRANSITION

CHANGE ORDER {CONTRACT AMENDMENT}

VENDOR {CONTRACTOR} RESPONSIBILITIES

SUBSTITUTION OF STAFF

SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)

OWNERSHIP OF MATERIAL

SECURITY AND CONFIDENTIALITY

DATA CONFIDENTIALITY

DATA SECURITY STANDARDS

TAX RETURN DATA SECURITY

SECURITY PLAN

NEWS RELEASES

ADVERTISING

LICENSES AND PERMITS

CLAIMS AND REMEDIES

CLAIMS

REMEDIES

REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL BLANKET P.O. {CONTRACT} REQUIREMENTS

LIQUIDATED DAMAGES

RETAINAGE

ADDITIONAL WORK AND/OR SPECIAL PROJECTS

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

INDEMNIFICATION

INSURANCE – AUTOMOBILE LIABILITY AND WORKER’S COMPENSATION

BUY AMERICAN

STATE'S OPTION TO REDUCE SCOPE OF WORK

ACCESSIBILITY COMPLIANCE

BLANKET P.O. {CONTRACT} ACTIVITY REPORT

ELECTRONIC PAYMENTS

PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES

QUOTE {PROPOSAL} EVALUATION

RIGHT TO WAIVE

DIRECTOR’S RIGHT OF FINAL QUOTE {PROPOSAL} ACCEPTANCE

STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES

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

QUOTE {PROPOSAL} EVALUATION COMMITTEE

ORAL PRESENTATION

EVALUATION CRITERIA

TECHNICAL EVALUATION CRITERIA

VENDOR’S {BIDDER’S} PRICE SCHEDULE

QUOTE (PROPOSAL) DISCREPANCIES

EVALUATION OF THE QUOTES {PROPOSALS}

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

STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS

Bid-Specific Documents/Attachments/Appendices

Revised Infant Formula Rebate Tabulation Sheet (Price Schedule) (Dated 11/3/17);

Attachment #1 – Revised Sample Infant Formula Rebate Invoice (Dated 11/3/17);

Attachment #2 - State WIC Retailer List

Attachment #3 - New Jersey Department of Health WIC Services Policy and Procedure Manual for WIC Eligible Infant Formula;

Attachment #4 – Sample NJ WIC Check;

Attachment #5 – Updated New Jersey WIC Services Authorized Exempt Infant Formulas and WIC-Eligible Nutritionals (Dated 11/3/17)

Attachment #6 - Infant Participation by Product;

Offer & Acceptance Page;

Vendor {Bidder} Data Sheet; and

Vendor {Bidder} Procurement Checklist.

Commented [KA1]: Revised pursuant to Bid Amendment {Addendum} #1, dated 11/3/17.

Commented [KAT2]: Revised pursuant to Bid Amendment {Addendum} #1, question #18, dated 11/3/17.

Commented [KA3]: Revised pursuant to Bid Amendment {Addendum} #1, question #121, dated 11/3/17.

Commented [KA4]: Revised pursuant to Bid Amendment {Addendum} #1, question #118, dated 11/3/17.

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 {RFP}, 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 {Proposal}.

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

PURPOSE AND INTENT

This Bid Solicitation {RFP} is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of the Department of Health (DOH), Division of Family Health Services, Woman, Infants, and Children (WIC) Services (WIC Services). The purpose of this Bid Solicitation {RFP} is to solicit Quotes {Proposals} for a qualified Vendor {Contractor} to develop and provide a Rebate for Infant Formula, in accordance with the federal requirements outlined in the Infant Formula Requirement Rule (Reference https://www.fns.usda.gov) for use by WIC Program Participants.

Note: For the purpose of this Bid Solicitation {RFP}, a Vendor {Contractor} is considered a company that provides Infant Formula products that are nationally available and that can be carried by any retailer.

The intent of this Bid Solicitation {RFP} is to award a Master Blanket Purchase Order (Blanket P.O.)

{Contract} to that responsive and responsible Vendor {Bidder} whose Quote {Proposal}, conforming to this Bid Solicitation {RFP} offers the lowest total monthly net price for Infant Formula or, the highest rebate for Infant Formula. 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. {Contract} during the Blanket P.O. {Contract} term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.

BACKGROUND

This is a reprocurement of the services provided under the WIC INFANT FORMULA REBATE, DHSS, WIC Services term Blanket P.O. {Contract}, presently due to expire on 02/28/18. Vendors {Bidders} interested in the current Blanket P.O. {Contract} specifications and pricing information may review the current Blanket P.O. {Contract} (Enter T1057) at http://www.state.nj.us/treasury/purchase/pricelists.shtml and are cautioned that this new Bid Solicitation {RFP} may have additional or varying tasks from previous versions to address current requirements.

WIC Services is a program administered by the DOH, 100% funded by the United States Department of Agriculture (USDA). The program actively supports and promotes breastfeeding as the preferred choice for mothers and infants. WIC Services offers breastfeeding promotion, continuing education, and a variety of programs and activities to encourage breastfeeding.

Through a Single Supplier System, the program issues food benefits to certified eligible pregnant, breast-feeding and postpartum women, and the parents/guardians of certified eligible infants and children up to the age of five (5) years (Participants). WIC Services currently serves approximately 154,000 Participants per month, just under 80% of the estimated 193,074 eligible.

Commented [KA5]: Revised pursuant to Bid Amendment {Addendum} #1, question #3, dated 11/3/17.

Commented [KAT6]: Revised pursuant to Bid Amendment {Addendum} #1, question #5, dated 11/3/17.

Commented [KA7]: Please be advised that the charts located at the end of this section were revised pursuant to Bid Amendment {Addendum} questions #1, 9, 13, and 26, dated 11/3/17.

http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml https://www.fns.usda.gov/wic/requirements-and-evaluation-wic-program-bid-solicitations-infant-formula-rebate-contracts-0 http://www.state.nj.us/treasury/purchase/pricelists.shtml

The below chart demonstrates State WIC Program participation (based on feeding type) from February-July 2017:

NJ WIC Program Participation, February-July 2017

Feeding Type Feb Mar Apr May June July Monthly

Avg.

Fully Breastfed 4,086 4,234 4,072 4,124 4,101 4,103 4,120

Partially Breastfed 11,169 11,298 10,845 10,954 10,971 10,883 11,020

Infants Fully Formula Fed

18,865 18,904 18,789 18,928 18,907 18,754 18,858

Monthly Total

34,120 34,436 33,706 34,006 33,979 33,740 33,998

The below four (4) charts demonstrate the number of Rebate-Eligible Infant Formula Units, by type, purchased by NJ WIC per month, February-July 2017:

Rebate Eligible – Milk-Based

Formula Type Feb Mar Apr May June July

Concentrate 10,660 12,984 10,325 12,293 10,172 9,852 Powder 112,100 135,243 107,810 129,726 119,331 117,654 Ready To Feed (RTF) 32 oz.

1073 886 500 350 103 70

Rebate Eligible – Reduced Lactose

Powder 42,441 52,496 42,202 51,367 48,424 47,132 RTF 32 oz. 1,199 1,541 952 653 293 12

Rebate Eligible – Milk-Based with Added Rice

Powder 2,819 3,268 2,637 3,344 3,394 3,329 RTF 6-pack 34 41 39 35 51 33

Rebate Eligible – Soy-Based

Concentrate 1,665 1,931 1,883 1,823 1,662 1,607 Powder 11,684 14,491 10,744 14,145 12,807 12,137 RTF 6 pack 26 27 40 10 55 19

The below two (2) charts demonstrate the number of Standard Non-Rebate Eligible Infant Formula units, by type, purchased by NJ WIC per month, February-July 2017:

Standard Non-Rebate Eligible – Milk-Based

Concentrate 34 68 34 0 74 0

Powder 1701 2007 1581 4154 3862 3829

Ready to Feed (8.45 oz.

4 pack)

36 26 0 18 93 0

Standard Non-Rebate Eligible-Soy Based

Formula Type Feb Mar Apr May June July

Concentrate 76 100 60 0 34 59

Powder 53 59 63 116 56 81

Ready to Feed (8.45 oz.

4 pack)

0 0 0 0 0 0

The below chart demonstrates the monthly number of infants and children that redeemed their checks for formula by formula type, February-July 2017:

Note: The participation numbers and Infant Formula data does not necessarily reflect actual issuance and redemption that will occur under the new Blanket P.O. {Contract} award resulting from this Bid Solicitation {RFP}.

The maximum amount of reconstituted ounces of Infant Formula allowed by USDA per fully formula-fed infant per month is as follows:

The maximum amount of reconstituted ounces of Infant Formula allowed by USDA per partially breast-fed infant per month is as follows:

Rebate Eligible Formula

Standard Non- Rebate Eligible

Formula

Exempt Medically Necessary Formula

February 25,976 562 3,453 March 26,127 566 3,480 April 25,718 554 3,427 May 25,914 561 3,476 June 25,886 546 3,490 July 25,685 554 3,473

Form

Infants 0 to 3 months

Infants 4 to 5 months

Infants 6 to 11 months

Concentrate 823 oz. 896 oz. 630 oz.

Powder 870 oz. 960 oz. 696 oz.

Ready To Use (RTU) 832 oz. 913 oz. 643 oz.

Form Infants 0 to 1 month Infants 1 to 3 months Infants 4 to 5 months Infants 6 to 11 months

Concentrate N/A 388 oz. 460 oz. 315 oz.

Powder 104 oz. 435 oz. 522 oz. 384 oz.

RTU N/A 384 oz. 474 oz. 338 oz.

The following is an example of the monthly number of units of Infant Formula issued, based on form and size, to fully formula fed infants as WIC food benefits:

WIC ACCESS

WIC Services has developed WIC ACCESS, an automated system that creates and manages WIC Participant files, generates checks for use by Participants to obtain Infant Formula and is used by WIC Services to produce monthly Infant Formula reports that track the redemption of the checks. WIC Local Agencies may issue, prospectively, up to three (3) months’ worth of checks.

Each of the three (3) months has a separate redemption period with a specific first and last date to use for the designated month, covering a 30-day period. Infant Formula product name, size, and product form of the Vendor’s {Contractor’s} Infant Formula are printed on the face of the check. WIC Services uses the maximum monthly allowance of reconstituted fluid ounces of liquid concentrate Infant Formula for the full nutrition benefit.

Generally, an individual Participant is issued four (4) checks per month. A summary stub is included in the series being issued and must be signed by the Participant as verification of issuance. The summary stub, bearing the Participant's signature, check numbers issued, and date of receipt, is retained in accordance with the State's record retention requirements.

The summary stub represents up to three (3) months’ worth of checks issued to all Participants of one (1) family. A Participant can redeem its valid checks (not retai ler specif ic) at over 900 approved WIC retailers providing allowable items of the Participant’s choice including all approved Infant Formula. USDA Federal Regulations require NJ WIC to assess semiannually, the pricing of all authorized WIC foods based on peer grouping (categorization of vendors based on number of cash registers). Currently there are 15 designated peer groups. The NJ WIC Vendor Peer Groups are listed below:

A. Chain Corporation – Corporation with 11 or more stores;

B. Large independent vendor with an owner of one (1) or more stores with three (3) or more cash registers;

C. Small owner of one (1) or more stores with one (1) to two (2) cash registers;

D. Pharmacy; and

E. Commissary/Military Post store providing WIC items for Participants affiliated with a military base.

Form Container

Size (oz.)

Reconstituted Amount

Infants 0 to 3 months

Infants 4 to 5 months

Infants 6 to 11 months

Concentrate 13 26 31 34 24

Powder 12.5 90 9 10 7

RTU 32 32 25 28 20

Powder 12.4 90 9 10 7

RTU 32 32 25 28 20

Concentrate (soy)

13 26 31 34 24

Powder (soy) 12.9 93 9 10 7 RTU (soy) 8 48 17 18 13

Powder 12.9 91 9 10 7

RTU 8 48 17 18 13

Note: Each aforementioned group is subcategorized into the north, central, and southern region of the State.

NJ WIC determines an average price based on WIC Retailer Peer Grouping and uses a 10% variance to set the minimum and maximum of each food item.

WIC ACCESS provides for Floating Maximum Dollar amounts that are specific to the check type and to the WIC Retailer Peer Group. The maximum value does not appear on the face of the check. The maximum dollar amount, along with the average dollar amount, for each check will be calculated by the central processor and transmitted to W IC Serv ices banking institution (bank) for editing against the checks when presented for payment. The banking system edits all checks presented for payment against the amount entered by the WIC Retailer. If the amount entered exceeds the maximum dollar amount, the bank pays only the checks own average dollar amount for the WIC Retailer Peer Group. This system eliminates the State’s obligation to recoup any overcharge by the WIC Retailer after the fact. Reports generated by the bank provide WIC Services with the record of WIC Retailer activity as it pertains to checks which exceeded the maximum.

It is the policy of the DOH to issue checks only for Rebate-Eligible Infant Formula for milk and soy-based infant formulations (except for religious reasons) and Exempt Infant Formulas for medical needs (e.g. approved qualifying condition). Except for the issuance of the Rebate-Eligible Infant Formula(s) as formula of first choice, the State provides no guarantee of the quantity, type, or physical forms that will be used.

Each month, through the use of an independent third-party data analysis consultant (Consultant), DOH produces an Infant Formula Rebate Invoice (Invoice). The Invoice (Reference Attachment #1, Sample Infant Formula Rebate Invoice) specifies the total number of Units of concentrated liquid, ready to feed, and powdered iron-fortified milk and soy-based Rebate-Eligible Formula, approved and issued by WIC Services, purchased by Participants during the preceding month.

This information is reported for each WIC vendor and as a separate State total. The Infant Formula Rebate Report documents the actual number of Units Redeemed based on a determination of total check redemption. WIC Services provides the Consultant with a chart (rebate redemption table) that provides a minimum and maximum price for the number of Units of Infant Formula that may be purchased on a WIC check. The Consultant uses the table to calculate the number of Units Redeemed per check. This method is used in lieu of partial redemption estimation when less than the full amount of Units is purchased.

Additional Rebate-Eligible Formula reports generated by the Consultant include the Formula Rebate Redemption Summary and Rebate Exceptions Report. The Formula Rebate Redemption Summary is a synopsis of the number of checks for each Rebate-Eligible Formula issued and Redeemed for the current invoice month. This report breaks down the data by Rebate-Eligible Formula and the three (3) separate months (current/issue, 30 day and closeout months) reflected in the invoice totals. The Formula Rebate Exceptions Report lists the WIC checks for Rebate-Eligible Formula when the number of Rebate formula cans Redeemed could not be derived from a WIC Services rebate redemption table. The WIC checks for Rebate-Eligible Formula included on this report are not included in the Invoice. The State of New Jersey WIC program will be transitioning to a new automated WIC system that will be fully implemented after the award of this Blanket P.O. {Contract}.The new system, WIC on the WEB (WOW), will not materially affect the processes relevant to the Infant Formula Rebate process, such as Participant certification, food/formula issuance, and issuance of the Invoice.

It is the intent of New Jersey WIC Services to implement a long-term initiative to migrate the WIC food benefit delivery system from a paper voucher-based system to an Electronic Benefits Transfer (EBT) system by the Federal Fiscal Year 2020. A definitive timetable for EBT development and implementation has yet to be determined. The overall goals of the new system will be to automate the food benefit issuance, redemption, and payment processes; and to increase overall Participant satisfaction while improving the integrity of WIC Program operations.

This change will improve the accuracy and timeliness of the pricing data available to WIC Services. A change by WIC Services to an EBT system during the course of the Blanket P.O.

{Contract} resulting from this Bid Solicitation {RFP} will not alter the requirements and responsibilities of the Vendor {Contractor} as specified herein.

WIC ISSUANCE OF INFANT FORMULA

WIC Services will issue Infant Formula in accordance with C . F . R . §246.10(e)(1)- (e)(3) and (e)(9),. In addition, WIC Services will, if necessary to provide the Full Nutritional Benefit (FNB), use the methodology outlined in §246.10(h) of the WIC Program regulations when issuing Infant Formula (Reference the following link for WIC Program regualtions: https://www.ecfr.gov/cgi-bin/text-idx?SID=b24ad5d7b8328074f2ed02ff4b9fc3a2&node=se7.4.246_110&rgn=div8.

While Infant Formula is primarily issued to infants, it may also be issued to children with qualifying medical conditions if it is prescribed by the health care provider.

WIC Services is not obligated to issue all Infant Formulas offered by the awarded Vendor {Contractor},that meet USDA standards. WIC Services shall require medical documentation from Participants prior to issuing any non- Rebate-Eligible Formula including Exempt Infant Formula and WIC medical foods in accordance with 7 CFR Section 246.10(d)(1)(iii). WIC Services may authorize local agencies to issue Non-Rebate-Eligible Formula that meets federal requirements without medical documentation in order to meet religious eating patterns.

WIC Services cannot guarantee that all vouchers sent to program Participants will be Redeemed.

Currently 10% of all WIC Services vouchers are not Redeemed by program Participants.

NOTIFICATION OF REBATE INFANT FORMULA

WIC Services will provide an official notification to health care providers, Local WIC Agencies, Participants and WIC Retailers of the Infant Formulas to be provided under the Blanket P.O.

{Contract}, along with official notification of any changes to the Infant Formulas being provided during the term of this Blanket P.O. {Contract}.

DATABASE OF WIC RETAILERS

At the Kickoff Meeting (KM), the State Contract Manager (SCM) will provide the Vendor {Contractor}, in a mutually agreed upon format, a database of authorized WIC Retailers. If WIC Services and the Vendor {Contractor} cannot come to agreement on a database format, WIC Services will have the final determination on which format is used.

It is the policy of WIC Services to not allow into the WIC Program, retailers that would derive 50% or more of its business from WIC Participants.

MONTHLY INFANT FORMULA REBATE

WIC Services will provide the Vendor {Contractor} with the monthly Invoice. The invoice will indicate the total number of Infant Formula Units authorized on all Food Instruments Redeemed by Participants during the month. The invoice will specify the products authorized on Redeemed Food Instruments for a one (1) month period. WIC Services will send the report by facsimile, email, or certified mail within 45 calendar days after the last day of the month represented on the invoice.

The monthly Invoice will include the following:

https://www.ecfr.gov/cgi-bin/text-idx?SID=b24ad5d7b8328074f2ed02ff4b9fc3a2&node=se7.4.246_110&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=b24ad5d7b8328074f2ed02ff4b9fc3a2&node=se7.4.246_110&rgn=div8

A. Listing of Rebate Eligible Formulas by type;

B. Contracted Rebate dollar amount per Infant Formula type;

C. Participation month (the month of the first date to use printed on the check);

D. Number of Units Redeemed per approved Infant Formula type;

E. Number of Food Instrustments Redeemed per approved Infant Formula type;

F. Number of Participants who Redeemed per approved Infant Formula type;

G. Total Rebate dollar amount per approved Infant Formula type; and

H. Total Rebate amount due to WIC Services by the Vendor {Contractor} for the reported month.

WIC Services will not include/bill the Vendor {Contractor} for Rebates on checks with a “First Date To Use” before the start of the Blanket P.O. {Contract} and beyond the end of the Blanket P.O.

{Contract}. Additionally, the Vendor {Contractor} will not pay rebates on checks that are not redeemed by Participants

Note: During the Blanket P.O. {Contract} term, the Vendor {Contractor} will be allowed to schedule short visits to the State WIC Office to gain a further understanding of the State WIC program and/or reports, as well as to discuss any findings resulting from the review of data files or redacted Food Instruments.

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 {RFP} in NJSTART.

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

B. Each question should begin by referencing the Bid Solicitation {RFP} 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 {RFP}, prior to the final award of the Blanket P.O. {Contract}.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation {RFP} is indicated on the Bid Solicitation {RFP} cover sheet. In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment {Addendum}. Any Bid Amendment {Addendum} to this Bid Solicitation {RFP} will become part of this Bid Solicitation {RFP} and part of any Blanket P.O. {Contract} awarded as a result of this Bid Solicitation {RFP}.

Bid Amendments {Addenda} to this Bid Solicitation {RFP}, if any, will be posted as a File Attachment on the “Summary” page of the Bid Solicitation {RFP} in NJSTART after the cut-off date. (See Bid Solicitation {RFP} 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

Formatted: English (United States) http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml

Answer period and shall contain the Vendor’s {Bidder’s} suggested changes and the reason(s) for the suggested changes.

SUBMISSION OF QUOTES {PROPOSALS}

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

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

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

DEADLINE SHALL BE REJECTED. THE DATE AND TIME OF THE QUOTE {PROPOSAL}

OPENING IS INDICATED ON THE BID SOLICITATION {RFP} COVER SHEET AND ON THE

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

IF THE QUOTE {PROPOSAL} OPENING DEADLINE HAS BEEN REVISED, THE NEW QUOTE

{PROPOSAL} OPENING DEADLINE SHALL BE SHOWN ON THE POSTED BID AMENDMENT

{ADDENDUM} 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 {RFP} or any other Blanket P.O. {Contract} 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 {Proposal} using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote {Proposal} and attachments have been properly submitted.

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

MANDATORY/OPTIONAL PRE-QUOTE {PROPOSAL} CONFERENCE

PRE-QUOTE {PROPOSAL} 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 {Proposals}:

A. Woman, Infant, & Children Laws & Regulations at: https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=d09e53e70a0294bd2fac00231dc993dc&rgn=div5&view=text&node=7:4.1 .1.1.10&idno=7;

mailto:njstart@treas.nj.gov http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=d09e53e70a0294bd2fac00231dc993dc&rgn=div5&view=text&node=7:4.1.1.1.10&idno=7 https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=d09e53e70a0294bd2fac00231dc993dc&rgn=div5&view=text&node=7:4.1.1.1.10&idno=7 https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=d09e53e70a0294bd2fac00231dc993dc&rgn=div5&view=text&node=7:4.1.1.1.10&idno=7

B. United States Department of Agriculture (USDA) mandated laws and regulations for WIC Services Programs (WIC Program) as demonstrated at:

http://www.fns.usda.gov/sites/default/files/wic/WICRegulations-7CFR246.pdf (copy/paste link in browser);

C. Federal Food, Drug, and Cosmetic Act (FD&C Act) at:

https://www.fda.gov/RegulatoryInformation/LawsEnforcedbyFDA/FederalFoodDrugandCo smeticActFDCAct/default.htm;

D. Infant Formula requirements as determined by the United States Food and Drug Administration (FDA) at: https://www.fda.gov/Food/GuidanceRegulation;

E. Special Supplemental Nutrition Program For Women, Infants And Children Confidentiality Regulations 7 C.F.R.§246.26(d)(l) at: https://www.law.cornell.edu/cfr/text/7/246.26;

F. Program Income 45 CFR, part 74.24 (a)-(b) and (d) at:

https://www.gpo.gov/fdsys/granule/CFR-2003-title45-vol1/CFR-2003-title45-vol1-sec74- 24;

G. Evaluation of WIC Program Bid Solicitations for Infant Formula Rebate Contracts at:

https://www.fns.usda.gov; and

F. Infant Formula Requirement Rule at: Reference https://www.fns.usda.gov.

ADDITIONAL INFORMATION

BID AMENDMENTS {ADDENDA}: REVISIONS TO THIS BID SOLICITATION {RFP}

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

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 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 {RFP}, Bid Amendments {Addenda} are still viewable on the “Summary” page of the Bid Solicitation {RFP} in NJSTART.

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

VIEWABLE ON THE “SUMMARY” PAGE OF THE BID SOLICITATION {RFP} 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 {Proposal} in response to this Bid Solicitation {RFP}. 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 {RFP}.

COST LIABILITY

http://www.fns.usda.gov/sites/default/files/wic/WICRegulations-7CFR246.pdf https://www.fda.gov/RegulatoryInformation/LawsEnforcedbyFDA/FederalFoodDrugandCosmeticActFDCAct/default.htm https://www.fda.gov/RegulatoryInformation/LawsEnforcedbyFDA/FederalFoodDrugandCosmeticActFDCAct/default.htm https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/InfantFormula/default.htm https://www.law.cornell.edu/cfr/text/7/246.26 https://www.gpo.gov/fdsys/granule/CFR-2003-title45-vol1/CFR-2003-title45-vol1-sec74-24 https://www.gpo.gov/fdsys/granule/CFR-2003-title45-vol1/CFR-2003-title45-vol1-sec74-24 https://www.fns.usda.gov/wic/requirements-and-evaluation-wic-program-bid-solicitations-infant-formula-rebate-contracts-0 https://www.fns.usda.gov/wic/requirements-and-evaluation-wic-program-bid-solicitations-infant-formula-rebate-contracts-0

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

CONTENTS OF QUOTE {PROPOSAL}

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 {RFP} 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 {RFP} contains a negotiation component, the Quote {Proposal} will not be subject to public disclosure until a notice of intent to award a Blanket P.O. {Contract} is announced.

As part of its Quote {Proposal}, 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 {Proposal} 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 {Proposal} will be redacted by the State. The State will not honor any attempt by a Vendor {Bidder} to designate its entire Quote {Proposal} and/or prices as proprietary, confidential and/or to claim copyright protection for its entire Quote {Proposal}. 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 {RFP} 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 {PROPOSAL} INFORMATION

On the date and time Quotes {Proposals} are due under the Bid Solicitation {RFP}, 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}

Commented [KAT8]: Revised Pursuant to Bid Amendment {Addendum} #1, question #43, dated 11/3/17.

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

QUOTE {PROPOSAL} ERRORS

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

QUOTE {PROPOSAL} WITHDRAWAL PRIOR TO QUOTE {PROPOSAL} OPENING

NJSTART: A Vendor {Bidder} may withdraw its Quote {Proposal} submission in NJSTART prior to the Quote {Proposal} 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.

{Contract} award. The Vendor {Bidder} may submit a revised Quote {Proposal} as long as the Quote {Proposal} is received prior to the announced date and time for Quote {Proposal} 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 {Proposal} be withdrawn prior to the Quote {Proposal} 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 {Proposal} as long as the Quote {Proposal} is received prior to the announced date and time for Quote {Proposal} submission and at the place specified.

QUOTE {PROPOSAL} WITHDRAWAL AFTER QUOTE {PROPOSAL} OPENING, BUT PRIOR TO

BLANKET P.O. {CONTRACT} AWARD

NJSTART and Hard Copy: If, after the Quote {Proposal} opening, but before Blanket P.O.

{Contract} award, a Vendor {Bidder} discovers an error in its Quote {Proposal}, the Vendor {Bidder} may make a written request to the Supervisor of the Proposal Review Unit to withdraw its Quote {Proposal} 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 {Proposal} 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. {Contract} resulting from the Quote {Proposal} would be unconscionable; that the mistake relates to a material feature or term of the Blanket P.O.

{Contract}; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After Quote {Proposal} opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its Quote {Proposal} 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 {Proposal} withdrawal requests must include the Bid Solicitation {RFP} identification number and the final Quote {Proposal} 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 {Proposal} evaluation process, an obvious pricing error made by a potential Blanket P.O. {Contract} 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 {Proposal} shall be considered withdrawn, and no further consideration shall be given to it.

JOINT VENTURE

If a Joint Venture is submitting a Quote {Proposal}, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote {Proposal}. 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 {RFP}.

RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE

QUOTE {PROPOSAL} 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 {Proposal} and N.J.A.C. 17:12-2.2 which defines causes for Quote {Proposal} 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 {Proposal}) and Section

4.4.2 (Forms, Registrations and Certifications Required Before Blanket P.O. {Contract} Award and That Should Be Submitted with the Quote {Proposal}) of this Bid Solicitation {RFP} 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 {Proposal} 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. {Contract} awarded or order placed as a result of this Bid Solicitation {RFP}.

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 {Proposal} 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. {Contract} requirements and solicits Quotes {Proposals} to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation {RFP}, State of NJ Standard Terms and Conditions (SSTC), price schedule, attachments, and Bid Amendments {Addenda}.

Bid Amendment {Addendum} – Written clarification or revision to this Bid Solicitation {RFP} issued by the Bureau. Bid Amendments {Addenda}, if any, will be issued prior to Quote {Proposal} 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. {Contract} 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 {RFP} and recommend a Blanket P.O. {Contract} 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. {Contract} consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation {RFP}, the responsive Quote {Proposal} 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 {Proposal} 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 {RFP}.

QRGs – Quick Reference Guides.

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

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 {Proposal}.

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)…