1 - T3019 Municipal Facility Inspections 092817.pdf

Bid Solicitation/Request for Proposal

Bid # 18DPP00171

For: T3019-Municipal Detention Facility Inspections

Event Date Time

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

10/12/17 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.)

11/15/17 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 Corrections Division of Purchase and Property Division of Programs and Community Services Trenton, New Jersey 08625-0230

Date: 09/28/17 http://www.njstart.gov/

Table of Contents

INFORMATION FOR VENDORS {BIDDERS}

PURPOSE AND INTENT

BACKGROUND

GEOGRAPHICAL REGIONS

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

GENERAL REQUIREMENTS

INSPECTION SCHEDULE

KICKOFF MEETING

VENDOR {CONTRACTOR} INSPECTION STAFF RESPONSIBILITIES

FACILITY ACCESS

FACILITY INSPECTIONS

INSPECTION AND DOCUMENTATION PROCEDURE

REGIONAL TRAINING

PAYMENTS

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}

VENDOR {BIDDER} REQUIREMENTS/ 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)

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

Attachment #1 - New Jersey Municipal Detention Facilities by Municipality/County;

Attachment #2 – NJDOC Municipal Jail Inspection Report Template;

Attachment #3 - Municipal Detention Facilities N.J.A.C. 10A:34;

Price Schedule;

Offer & Acceptance Form; and

Vendor {Bidder} Procurement Program Checklist.

INFORMATION FOR VENDORS {BIDDERS}

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

Program. The Vendor {Bidder} is advised to thoroughly read all sections, as many have been revised, and follow all instructions contained in this Bid Solicitation {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 New Jersey Department of Corrections (NJDOC). The purpose of this Bid Solicitation {RFP} is to solicit Quotes {Proposals} for a Vendor {Contractor} to provide municipal inspections and inspection preparation training services.

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

{Contract} to that responsible Vendor {Bidder} whose Quote {Proposal}, conforming to this Bid Solicitation {RFP} 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. {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.

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

BACKGROUND

This is a reprocurement of similar services provided under the expired T3019 - Municipal Detention Facility Inspections term Blanket P.O. {Contract}. Vendors {Bidders} interested in the Blanket P.O.

{Contract} are cautioned that this new Bid Solicitation {RFP} may have additional or varying tasks from previous versions to address current requirements.

New Jersey Statutes 30:1-15 and 301B-10 mandate that the New Jersey Department of Corrections (NJDOC), conduct inspections of all county and city jails or places of detention. Currently, the Division of Programs and Community Services through the Office of County Services, is responsible for the inspection of 469 Municipal Detention Facilities. The inspection process is a continuum of activities designed to determine or assess compliance or noncompliance with the requirements as set forth for Municipal Detention Facilities in the New Jersey Administrative Code (N.J.A.C.) 10A:34.

Facilities vary in capacity and average daily population; however, Municipal Detention Facilities are typically smaller than the county jails and State prisons due to the shorter period of time in which individuals are held within the facilities. The Vendor {Contractor} would inspect up to 235 facilities during each year of the awarded base term of the Blanket P.O. {Contract}) Please note that the requirements set forth in this Bid Solicitation {RFP} will not be used for State prisons and county jails.

http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml

GEOGRAPHICAL REGIONS

For the purpose of this Bid Solicitation {RFP} and the completion of municipal facility inspections, the State has been divided into five (5) inspection regions. The below chart demonstrates the counties comprising each region and the total number of municipal facilities located in each.

Inspection Regions

Region 1 (110) Region 2 (90) Region 3 (73) Region 4 (105) Region 5 (91)

Bergen (70) Sussex (11) Middlesex (25) Monmouth (44) Gloucester (20) Essex (26) Warren (11) Mercer (11) Ocean (30) Salem (7)

Passaic (14) Morris (34) Union (21) Burlington (31) Atlantic (18) Hunterdon (14) Hudson (16) Cape May (11) Somerset (20) Cumberland (3) Camden (32)

For a detailed list of each facility by county, reference Attachment #1, New Jersey Municipal Detention Facilities by Municipality/County.

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 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

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.

mailto:njstart@treas.nj.gov

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

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}

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

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 {Proposal} 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 {Proposal} or submit it to the Director within five (5) business days after the deadline for Quote {Proposal} submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote {Proposal} 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 {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) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III); For construction services: (A) 0 to $3,000,000 (Category IV); (B) gross revenues that do not exceed 50 percent of the applicable annual revenue standards established at 13 CFR 121.201 (Category V); and (C) gross revenues that do not exceed the applicable annual revenue standards established at CFR 121.201, (Category VI).

State – The State of New Jersey.

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

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

Subcontractor – An entity having an arrangement with a Vendor {Contractor}, whereby the Vendor {Contractor} uses the products and/or services of that entity to fulfill some of its obligations under its State Blanket P.O. {Contract}, while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket P.O. {Contract}, 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. {Contract} procured by the Division. This Blanket P.O. {Contract} may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation {RFP}. 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. {Contract} may be used by any Using Agency or quasi-State governmental entity.

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

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

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

Department of Corrections (NJDOC) – State agency charged with the operation and management of prison facilities in New Jersey.

Municipal Detention Facility – A short-term facility in New Jersey used to confine individuals, that may vary in capacity and average daily population; however, typically smaller than county and state facilities.

Inspection Staff – Person(s) responsible for performing inspections at Municipal Detention Facilities.

SCOPE OF WORK

GENERAL REQUIREMENTS

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

A. Possess working knowledge of Microsoft Word and Excel;

B. Ensure that its Inspection Staff is able to pass a background and criminal investigation check, as conducted by the NJDOC Special Investigations Division; and

C. Ensure that its Inspection Staff is familiar with and possess the ability to interpret and apply the regulatory requirements set forth in N.J.A.C. 10A:35 (Reference Attachment #3 of this Bid Solicitation {RFP}).

INSPECTION SCHEDULE

The Vendor {Contractor} shall adhere to, at a minimum, the following inspection schedule:

A. Conduct up to 469 inspections of Municipal Detention Facilities over the base term of the Master Blanket P.O. (Blanket P.O.) {Contract} (up to 235 inspections per calendar year).

In an effort to equally divide the total number of municipalities, the list of facilities located in each region (Reference Attachment #1- New Jersey Municipal Detention Facilities by Municipality/County) will be split alphabetically by the NJDOC. During the kickoff meeting, the Vendor {Contractor} will be provided a list of the specific facilities for inspection in each calendar year. During the first Master Blanket P.O. (Blanket P.O.) {Contract} year, the Vendor {Contractor} shall conduct inspections for municipalities beginning with letters A-L and P. During the subsequent Blanket P.O. {Contract} year, the Vendor {Contractor} shall conduct inspections for municipalities beginning with letters M-O and Q-Z.

The Vendor {Contractor} shall be responsible for determining which facilities to inspect weekly and shall be responsible for ensuring that all facilities are completed within the timeframe specified.

1. The schedule of inspections for municipalities beginning with A-L and P in each even year, and inspections for municipalities beginning with M-O and Q-Z each odd year, shall continue throughout any additional Blanket P.O. {Contract} extension periods; and

2. Throughout the Blanket P.O. {Contract} term, the New Jersey Department of Corrections (NJDOC), Office of County Services, reserves the right to inspect up to 20 facilities, of its choice, each year. A list of the chosen facilities will be provided to the Vendor {Contractor} on or before January 1st of each Blanket P.O. {Contract} year.

The Vendor {Contractor} shall not inspect those municipalities designated by the NJDOC (Note: The number of inspections performed by the NJDOC will reduce the number of inspections performed by the Vendor {Contractor}); and

B. The Vendor {Contractor} shall utilize the NJDOC Municipal Jail Inspection Report Template (Reference Attachment #2 of this Bid Solicitation {RFP}) to conduct inspections in accordance with the provisions set forth in Attachment #3, Municipal Detention Facilities N.J.A.C. 10A:34, of this Bid Solicitation {RFP}; and

C. Provide and ensure that its inspection staff reports to and is accountable to the State Contract Manager (SCM).

KICKOFF MEETING

The Vendor {Contractor} shall schedule and meet in person with the SCM within 15 business days after Blanket P.O. {Contract} award. This meeting shall include discussion on topics including, at a minimum:

A. Project intent and scope;

B. Proper methods and channels of communication between Vendor {Contractor} and the

SCM;

C. Development of status reporting format and mechanisms;

D. Inspection Schedule; and

E. Any additional topics deemed necessary by the SCM.

The Vendor {Contractor} may request that the kickoff meeting be held via phone or video conference; however, it must submit its request in writing to the SCM at least five (5) business days prior to the proposed meeting date. The Vendor {Contractor} shall not proceed with the phone or video conference until it has received written approval from the SCM.

VENDOR {CONTRACTOR} INSPECTION STAFF RESPONSIBILITIES

The Vendor {Contractor} shall ensure that it’s Inspection Staff, at a minimum:

A. Assesses compliance in accordance with the applicable provisions of Municipal Detention Facilities as set forth in N.J.A.C. 10A:34 and promotes professionalism through inspections, technical assistance, investigations, studies, and staff development to ensure safe, secure, effective, and legally operated facilities; and

B. Ensure that all Inspection Staff attend all training sessions, as determined by the NJDOC.

Attendance at trainings shall be unpaid, but required in order to carry out the tasks set forth as part of this Blanket P.O. {Contract}. The training will consist of:

1. Two (2) days in-office training: Consist of training on NJDOC statutes, relevant policies, and procedures. Training will be held at the NJDOC Central Office Headquarters located in Trenton, NJ; and

2. One (1) day of field training: To be conducted by NJDOC staff. Field training location to be determined.

FACILITY ACCESS

Upon successful completion of a criminal background investigation conducted by the NJDOC’s Special Investigations Division, the Vendor’s {Contractor’s} Inspection Staff will receive a NJDOC Vendor {Contractor} Identification Card which must be renewed annually and will be distributed at the NJDOC Central Office Headquarters in Trenton, New Jersey. Detailed instructions on the renewal process will be provided to the Vendor {Contractor} within 30 business days of Blanket P.O. {Contract} award.

The Vendor {Contractor} shall be responsible for contacting the Municipal Detention Facilities and scheduling each inspection. When scheduling inspections, the Municipal Detention Facility shall be given a minimum of 30 calendar days’ notice of the Vendor’s {Contractor’s} arrival. Upon scheduling the inspection for a mutually agreed upon date and time, the Vendor {Contractor} shall forward a letter to the Municipal Detention Facility at least 25 calendar days prior to the inspection date, confirming the date and time of the inspection.

If access to a Municipal Detention Facility is denied, the Vendor {Contractor} shall immediately advise the SCM verbally and then with an electronic written notification within one (1) business day of the inspection rejection.

FACILITY INSPECTIONS

All facility inspections listed for each calendar year (Reference Bid Solicitation {RFP} Section 3.1(A), General Requirements/Inspection Schedule) must be completed within that year. Following the initial inspection, additional inspections to the facility shall be conducted every other year (Once a Municipal Detention Facility is inspected it shall not be inspected again until two (2) years from the date of the last inspection has passed).

The Vendor {Contractor} shall, at a minimum:

A. Perform inspections Monday to Friday (8:00 AM – 5:00 PM), unless directed otherwise by the SCM. Should there be a need to schedule an inspection outside of the specified hours, the Vendor {Contractor} shall consult with and obtain authorization from the SCM or its designee prior to scheduling the inspection;

B. Provide on-site inspection of the physical facility and its operations;

C. Ensure that any standards pertaining to the physical plant that are determined to be non-compliant at the time of inspection shall be photographed with a camera(s) provided by the NJDOC. Brief notations (preliminary list will be provided during the kickoff meeting) for these photographs shall be documented to link each photograph with the relevant non-compliant standard. The photographs will aim to visually document the actual conditions of noncompliance. The NJDOC will utilize these photographs in processing of Rule Exemption Requests to standards outlined in Municipal Detention Facilities N.J.A.C. 10A:34;

D. Upon the completion of the inspection the Vendor {Contractor} shall participate in an exit interview, conducted with the Police Chief, Director of Police, or its Designee. The exit interview shall include, at a minimum, discussion of Items found to be non-compliant as they relate to N.J.A.C. 10A:34;

E. The Vendor {Contractor} shall complete a Municipal Jail Inspection Report (Reference 3.5(B), Inspection and Documentation Procedure for additional information;

The Vendor {Contractor} shall utilize the “Additional Comments” section found on page 17 of the document to indicate specific non-compliant items. Any comments listed in this section, which are advisory in nature, must be able to stand on its own merits and should not be routinely kept in the report from year to year.

F. In order to satisfy compliance as required by N.J.A.C. 10A:34, the Vendor {Contractor} shall examine all available documentation such as, but not limited to: detainee logs, security and sanitation reports or logs, training records, detainee appointment logs, telephone logs, meal logs, and etc.

1. The Vendor {Contractor} shall look for visual and written evidence of compliance with the policies and procedures, directives, and general orders, as required in N.J.A.C.

10A:34; and

2. The Vendor {Contractor} shall look for visual and written evidence of compliance with internal management procedures of the municipality, inspection reports from any outside agencies denoting compliance with the Uniform Fire Code, Uniform Construction Code, and any other applicable code or regulation.

G. During the course of the physical facility inspection, the Vendor {Contractor} shall inspect numerous areas within the facility to include the cell block, weapons storage and sally port area, as well as safety and security features to include cameras and key control.

Note: The NJDOC will maintain quality assurance over the inspection process, as well as the reports issued by the Vendor {Contractor}. Any issues or concerns will be overseen and addressed by the NJDOC.

INSPECTION AND DOCUMENTATION PROCEDURE

As part of each inspection, the Vendor {Contractor} shall, at a minimum:

A. Audit all primary and secondary facility documentation:

1. Primary documentation - Includes policies and procedures, directives, general orders, or any other document provided by the municipality in an effort to demonstrate compliance. It also includes inspection reports from any outside agencies denoting compliance with the Uniform Fire Code, Uniform Construction Code or any other applicable code or regulation; and

2. Secondary documentation - Verification that the policy and procedures, directives, general orders, or any other documentation provided for the Municipal Detention Facility are being implemented. It includes items such as detainee logs, security and sanitation reports or logs, training records, telephone logs, meal logs, copies of any approved or pending NJDOC Rule Exemptions, etc.

B. Complete an on-site inspection of the facility. This includes the completion of Municipal Jail Inspection Report and the provision of any necessary photographs of non-compliant standards pertaining to physical facility. The Vendor {Contractor} shall ensure the report contains accurate contact information for the Chief of Police and the Mayor. In instances where duplicate names of municipalities exist, the Vendor {Contractor} must also indicate the county on the Inspection Report. The Vendor {Contractor} shall submit inspection reports via e-mail to Municipal.Inspections@doc.nj.gov and other parties designated by the SCM, within seven (7) business days of the inspection date.

The Vendor {Contractor} shall ensure that the inspection reports reference any applicable photographs of non-compliant physical plant standards that were taken during the inspection, along with written notations to link the photos to the non-compliant standard(s).

All photographs shall be appropriately labeled by municipality, county, and region. The cameras provided by the NJDOC to the Vendor {Contractor} and all photographs shall be the property of the NJDOC and must be returned immediately upon request.

Note: A successful audit is deemed to have occurred when all items as required in N.J.A.C. 10A:34 have been reviewed, on-site inspection has been completed and all necessary inspector documentation, and reports have been completed and submitted to the SCM for final approval.

In any case where a municipality is found to be non-compliant with any aspect of N.J.A.C. 10A:34 the noncompliance will be brought to the attention of the SCM through notation in the Municipal Jail Inspection Report and photographs of non-compliant standards pertaining to physical plant. The Office of County Services will be responsible for addressing items of noncompliance, Rule Exemption Requests and appropriate follow-up. The Vendor {Contractor} shall not be authorized to conduct follow-up visits without authorized approval from the SCM or its designee.

mailto:Municipal.Inspections@doc.nj.gov

REGIONAL TRAINING

The Vendor {Contractor} shall, at a minimum:

A. Conduct one (1) annual training in each of the three (3) designated training regions (as defined below), for the Police Chief or designee(s) of each Municipal Detention Facility. The training must be designed to educate the Police Chiefs or its designee(s) about N.J.A.C.

10A:34 and how to prepare for a successful inspection. The Police Chief’s or its designee’s attendance will be voluntary, but strongly encouraged. The training curriculum shall be developed by the Vendor {Contractor} in accordance with N.J.A.C. 10A:34, for final approval by the NJDOC and shall be submitted to the NJDOC at least 45 calendar days prior to the initial training.

1. Northern Training Region: Bergen, Essex, Passaic, Sussex, Warren, Morris, Hunterdon, Somerset;

2. Central Training Region: Middlesex, Mercer, Union, Hudson; and

3. Southern Training Region: Monmouth, Ocean, Burlington, Gloucester, Salem, Atlantic, Cape May, Cumberland, Camden.

B. The Vendor {Contractor} will also be provided with a timeframe in which the regional training may occur, the Vendor {Contractor} shall propose specific training dates within that timeframe as mutually agreed upon with the NJDOC, to include the training locations.

Notification of the training events will be disseminated to the Police Chiefs by the NJDOC.

The Vendor {Contractor} shall provide an on-line registration…