110005_SubContractingV4.pdf
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- Attached to
- Contract RFP NJ|26-PROS1-130490
- Contract number
- 26-PROS1-130490
- Issued by
- New Jersey
About this file
This document comprises subcontractor set-aside forms and procedures issued by the New Jersey Division of Purchase and Property (DPP) for state and local contract procurements. The forms establish mandatory requirements for bidders participating in Request for Proposal (RFP) processes, particularly regarding small business utilization. The document outlines the Notice to All Bidders, Notice of Intent to Subcontract Form, and Subcontractor Utilization Plan Form that must accompany all bid proposals.
All bidders must demonstrate a good faith effort to award 25 percent of contract value to New Jersey-based, Division of Minority and Women Business Development-registered small businesses, with a minimum of 5 percent allocated to each of three revenue categories and the remaining 10 percent distributed across the categories. Small businesses are defined as independently owned and operated New Jersey entities with 100 or fewer full-time employees and gross revenues not exceeding $12,000,000 or applicable federal standards. Bidders intending to use subcontractors must submit completed and certified Subcontractor Utilization Plans listing all proposed subcontractors, their business categories, services to be provided, and estimated contract values. Failure to submit required forms or provide sufficient documentation of good faith efforts to meet set-aside targets within seven business days of request will result in bid rejection and contract award precluded. Bidders not intending to subcontract must attest that if subcontractors are engaged during contract performance, they will submit plans for approval and maintain compliance with subcontracting goals.
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SUBCONTRACTOR SET ASIDE FORMS
NOTICE TO ALL BIDDERS
NOTICE OF INTENT TO SUBCONTRACT FORM
SUBCONTRACTOR UTILIZATION PLAN FORM
Pursuant to Section 3.11 of the Standard Terms and Conditions, any bidder intending to subcontract must also complete the Subcontractor Utilization Plan (Plan). Bidders are instructed to list all proposed subcontractors on the Plan. [A bidder intending to subcontract must include a completed and signed Plan or be subject to rejection of its proposal as non-responsive.]
PROCEDURES FOR SMALL BUSINESS
PARTICIPATION AS SUBCONTRACTORS
If the bidder intends to utilize any subcontractors during the course of the contract(s) to be awarded as a result of this Request for Proposal (RFP), the bidder will include small business subcontracting targets pursuant to NJAC 17:13-4. and Executive Order 71. Each bidder is required to make a good faith effort to meet the set-aside subcontracting targets of awarding a total of twenty-five percent (25%) of the value of the contract to New Jersey-based, Division of Minority and Women Business Development registered small businesses, with a minimum of five (5) percent awarded to each of the three categories set forth below, and the balance of ten (10) percent spread across the three categories. All bidders must complete the Notice of Intent to Subcontract form. Failure to include a completed and signed Notice of Intent to Subcontract form will be sufficient cause to reject a bidder's proposal as non-responsive.
DEFINITIONS:
"Small business" means a business that is independently owned and operated is incorporated or registered in and has its principal place of business located in the State of New Jersey.
Has 100 or fewer full-time employees
Has gross revenues falling in one of the following three categories:
1. 0 to $500,000 (Category I);
2. $500,001 to $5,000,000 (Category II);
3. $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III);
"Division of Minority and Women Business Development-registered" means a small business that meets the requirements and definitions of "small business" and has applied for and been approved by the Division of Minority and Women Business Development as a small business.
1. Attempt to locate eligible small businesses in Categories I, II and III appropriate to the RFP;
2. Request a listing of small businesses by Category from the Division of Minority and Women Business Development;
3. Record efforts to locate eligible businesses, including the names of businesses contacted and the means and results of such contacts;
4. Provide all potential subcontractors with detailed information regarding the specifications;
5. Attempt, whenever possible, to negotiate prices with potential subcontractors submitting higher than acceptable price quotes;
6. Obtain, in writing, the consent of any proposed subcontractor to use its name in response to the RFP; and,
7. Maintain adequate records documenting efforts to achieve the set-aside subcontracting goals.
Proposals should also contain the following items with the Plan, as applicable:
1. A copy of the Division of Minority and Women Business Development's proof of registration as a small business for any business proposed as a subcontractor; and,
2. Documentation of the bidder's good faith effort to meet the targets of the set-aside subcontracting requirement in sufficient detail to permit the Bid Review Unit of the Division of Purchase and Property to effectively assess the bidder's efforts to comply if the bidder has failed to attain the statutory goals.
If awarded the contract, the bidder shall notify each subcontractor listed in the Plan, in writing.
NOTE THAT A BIDDER'S FAILURE TO SATISFY THE SMALL BUSINESS SUBCONTRACTING
TARGETS OR PROVIDE SUFFICIENT DOCUMENTATION OF ITS GOOD FAITH EFFORTS TO
MEET THE TARGETS WITH THE BID PROPOSAL OR WITHIN SEVEN (7) BUSINESS DAYS
UPON REQUEST SHALL PRECLUDE AWARD OF A CONTRACT TO THE BIDDER.
Bidders seeking eligible small businesses should contact:
New Jersey Division of Minority and Women Business Development 33 West State Street - First Floor
PO Box 026, Trenton, NJ 08625-0026
Telephone: (609) 292-2146
Each bidder awarded a contract for a procurement which contains the set-aside subcontracting goal requirement shall fully cooperate in any studies or surveys which may be conducted by the State to determine the extent of the bidder's compliance with NJAC 17:13-1.1 et seq., and this Notice to All Bidders.
If a bidder intends to subcontract, the following actions should be taken to achieve the set-aside subcontracting goal requirements:
SUGGESTED PROCEDURE TO DEMONSTRATE A GOOD FAITH EFFORT:
Fax: (609) 292-8764
REQUIRED SUBMISSION
STATE OF NEW JERSEY
DIVISION OF PURCHASE AND PROPERTY (DPP)
NOTICE OF INTENT TO SUBCONTRACT FORM
THIS NOTICE OF INTENT TO SUBCONTRACT FORM MUST BE COMPLETED AND INCLUDED AS PART OF EACH BIDDER'S PROPOSAL. FAILURE TO SUBMIT THIS FORM WILL BE CAUSE FOR REJECTION OF THE
BID AS NON-RESPONSIVE.
DPP Solicitation Number:
DPP Solicitation Title:
Bidder's Name and Address:
INSTRUCTIONS: PLEASE CHECK ONE OF THE BELOW LISTED BOXES:
If awarded this contract, I will engage subcontractors to provide certain goods and/or services.
ALL BIDDERS THAT INTEND TO ENGAGE SUBCONTRACTORS MUST ALSO SUBMIT A COMPLETED AND
CERTIFIED SUBCONTRACTOR UTILIZATION PLAN WITH THEIR BID PROPOSALS.
If awarded this contract, I do not intend to engage subcontractors to provide any goods and/or services.
ALL BIDDERS THAT DO NOT INTEND TO ENGAGE SUBCONTRACTORS MUST ATTEST TO THE FOLLOWING
CERTIFICATION:
I hereby certify that if the award is granted to my firm and if I determine at any time during the course of the contract to engage subcontractors to provide certain goods and/or services, pursuant to Section 3.11 of the NJ Standard Terms and Conditions, I will submit the Subcontractor Utilization Plan (Plan) for approval to the Division of Purchase and Property in advance of any such engagement of subcontractors. Additionally, I certify that in engaging subcontractors, I will make a good faith effort to achieve the subcontracting set-aside goals established for this contract, and I will attach to the Plan documentation of such efforts in accordance with NJAC 17:13-4.
PRINCIPAL OF FIRM:
(Signature) (Title) (Date)
REQUIRED SUBMISSION IF BIDDER INTENDS TO SUBCONTRACT
STATE OF NEW JERSEY, DIVISION OF PURCHASE AND PROPERTY (DPP)
SUBCONTRACTOR UTILIZATION PLAN
(REFERENCED IN RFP STANDARD TERMS AND CONDITIONS)
DPP Solicitation No.:
NOTE: If utilizing subcontractors, failure to submit this properly completed form will be sufficient cause for rejection of the bid as non-responsive.
DPP Solicitation Title:
Bidder's Name and Address:
Bidder's Telephone No.:_______________________
Bidder's Contact Person: ______________________
INSTRUCTIONS: List all businesses to be used as subcontractors. This form may be duplicated for extended lists.
CHECK HERE IF CONTRACT
IS NOT SMALL BUSINESS
SMALL BUSINESS
CATEGORY *
SUBCONTRACTOR'S NAME
ADDRESS, ZIP CODE
TELEPHONE NUMBER
AND VENDOR ID NUMBER
I II III
TYPE(S) OF GOODS
OR SERVICES TO BE
PROVIDED
ESTIMATED
VALUE OF
SUBCONTRACTS
* For those Bidders listing Small Business Subcontractors: Attach copies of Division of Minority and Women Business Development registration for each subcontractor listed. If bidder has not achieved established subcontracting set-aside goals, also attach documentation of good faith effort to do so in the relevant category in accordance with NJAC17:13-4 and the Notice to All Bidders.
I hereby certify that this Subcontractor Utilization Plan (Plan) is being submitted in good faith. I certify that each subcontractor has been notified that it has been listed on this Plan and that each subcontractor has consented, in writing, to its name being submitted for this contract.
Additionally, I certify that I shall notify each subcontractor listed on the Plan, in writing, if the award is granted to my firm, and I shall make all documentation available to the Division of Purchase and Property upon request.
I further certify that all information contained in this Plan is true and correct and I acknowledge that the State will rely on the truth of the information in awarding the contract.
PRINCIPAL OF FIRM:
(Signature) (Title) (Date)
PB-SA-3
Revised 9/09
SUBCONTRACTOR SET ASIDE FORMS
Joe Yeghen D:20050706135020- 04'00' D:20050712092658- 04'00'
SUBCONTRACTOR SET ASIDE FORMS
NOTICE TO ALL BIDDERS
NOTICE OF INTENT TO SUBCONTRACT FORM
SUBCONTRACTOR UTILIZATION PLAN FORM
Pursuant to Section 3.11 of the Standard Terms and Conditions, any bidder intending to subcontract must also complete the Subcontractor Utilization Plan (Plan). Bidders are instructed to list all proposed subcontractors on the Plan. [A bidder intending to subcontract must include a completed and signed Plan or be subject to rejection ofits proposal as non-responsive.]
PROCEDURES FOR SMALL BUSINESS
PARTICIPATION AS SUBCONTRACTORS
If the bidder intends to utilize any subcontractors during the course of the contract(s) to be awarded as a result ofthis Request for Proposal (RFP), the bidder will include small business subcontracting targets pursuant to NJAC17:13-4. and Executive Order 71. Each bidder is required to make a good faith effort to meet the set-aside subcontracting targets of awarding a total of twenty-five percent (25%) of the value of the contract to New Jersey-based, Division of Minority and Women Business Development registered small businesses, with a minimum of five (5) percent awarded to each of the three categories set forth below, and the balance of ten (10) percent spread across the three categories. All bidders must complete the Notice of Intent to Subcontract form. Failure to include a completed and signed Notice of Intent to Subcontract form will be sufficient cause to reject a bidder's proposal as non-responsive.
DEFINITIONS:
"Small business" means a business that is independently owned and operated is incorporated or registered in and has its principal place of business located in the State of New Jersey.
Has 100 or fewer full-time employees
Has gross revenues falling in one of the following three categories:
1. 0 to $500,000 (Category I);
2. $500,001 to $5,000,000 (Category II);
3. $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III);
"Division of Minority and Women Business Development-registered" means a small business that meets the requirements and definitions of "small business" and has applied for and been approved by the Division of Minority and Women Business Development as a small business.
1. Attempt to locate eligible small businesses in Categories I, II and III appropriate to the RFP;
2. Request a listing of small businesses by Category from the Division of Minority and Women Business Development;
3. Record efforts to locate eligible businesses, including the names of businesses contacted and the means and results of such contacts;
4. Provide all potential subcontractors with detailed information regarding the specifications;
5. Attempt, whenever possible, to negotiate prices with potential subcontractors submitting higher than acceptable price quotes;
6. Obtain, in writing, the consent of any proposed subcontractor to use its name in response to the RFP; and,
7. Maintain adequate records documenting efforts to achieve the set-aside subcontracting goals.
Proposals should also contain the following items with the Plan, as applicable:
1. A copy of the Division of Minority and Women Business Development's proof of registration as a small business for any business proposed as a subcontractor; and,
2. Documentation of the bidder's good faith effort to meet the targets of the set-aside subcontracting requirement in sufficient detail to permit the Bid Review Unit of the Division of Purchase and Property to effectively assess the bidder's efforts to comply if the bidder has failed to attain the statutory goals.
If awarded the contract, the bidder shall notify each subcontractor listed in the Plan, in writing.
NOTE THAT A BIDDER'S FAILURE TO SATISFY THE SMALL BUSINESS SUBCONTRACTING
TARGETS OR PROVIDE SUFFICIENT DOCUMENTATION OF ITS GOOD FAITH EFFORTS TO
MEET THE TARGETS WITH THE BID PROPOSAL OR WITHIN SEVEN (7) BUSINESS DAYS
UPON REQUEST SHALL PRECLUDE AWARD OF A CONTRACT TO THE BIDDER.
Bidders seeking eligible small businesses should contact:
New Jersey Division of Minority and Women Business Development 33 West State Street - First Floor
PO Box 026, Trenton, NJ 08625-0026
Telephone: (609) 292-2146 Each bidder awarded a contract for a procurement which contains the set-aside subcontracting goal requirement shall fully cooperate in any studies or surveys which may be conducted by the State to determine the extent of the bidder's compliance with NJAC 17:13-1.1 et seq
., and this Notice to All Bidders.
If a bidder intends to subcontract, the following actions should be taken to achieve the set-aside subcontracting goal requirements:
SUGGESTED PROCEDURE TO DEMONSTRATE A GOOD FAITH EFFORT:
Fax: (609) 292-8764
REQUIRED SUBMISSION
STATE OF NEW JERSEY
DIVISION OF PURCHASE AND PROPERTY (DPP)
NOTICE OF INTENT TO SUBCONTRACT FORM
THIS NOTICE OF INTENT TO SUBCONTRACT FORM MUST BE COMPLETED AND INCLUDED AS PART OF EACH BIDDER'S PROPOSAL. FAILURE TO SUBMIT THIS FORM WILL BE CAUSE FOR REJECTION OF THE BID AS NON-RESPONSIVE.
DPP Solicitation Number:
DPP Solicitation Title:
Bidder's Name and Address:
INSTRUCTIONS: PLEASE CHECK ONE OF THE BELOW LISTED BOXES:
If awarded this contract, I will engage subcontractors to provide certain goods and/or services.
ALL BIDDERS THAT INTEND TO ENGAGE SUBCONTRACTORS MUST ALSO SUBMIT A COMPLETED AND
CERTIFIED SUBCONTRACTOR UTILIZATION PLAN WITH THEIR BID PROPOSALS.
If awarded this contract, I do not intend to engage subcontractors to provide any goods and/or services.
ALL BIDDERS THAT DO NOT INTEND TO ENGAGE SUBCONTRACTORS MUST ATTEST TO THE FOLLOWING
CERTIFICATION:
I hereby certify that if the award is granted to my firm and if I determine at any time during the course of the contract toengage subcontractors to provide certain goods and/or services, pursuant to Section 3.11 of the NJ Standard Terms and Conditions, I will submit the Subcontractor Utilization Plan (Plan) for approval to the Division of Purchase and Property in advance of any such engagement of subcontractors. Additionally, I certify that in engagingsubcontractors, I will make a good faith effort to achieve the subcontracting set-aside goals established for thiscontract, and I will attach to the Plan documentation of such efforts in accordance with NJAC 17:13-4.
PRINCIPAL OF FIRM:
(Signature) (Title) (Date)
REQUIRED SUBMISSION IF BIDDER INTENDS TO SUBCONTRACT
STATE OF NEW JERSEY, DIVISION OF PURCHASE AND PROPERTY (DPP)
SUBCONTRACTOR UTILIZATION PLAN
(REFERENCED IN RFP STANDARD TERMS AND CONDITIONS)
DPP Solicitation No.:
NOTE: If utilizing subcontractors, failure to submit this properly completed form will be sufficient cause for rejection of the bid as non-responsive.
DPP Solicitation Title:
Bidder's Name and Address:
Bidder's Telephone No.:_______________________ Bidder's Contact Person: ______________________
INSTRUCTIONS: List all businesses to be used as subcontractors. This form may be duplicated for extended lists.
CHECK HERE IF CONTRACT
IS NOT SMALL BUSINESS
SMALL BUSINESS
CATEGORY *
SUBCONTRACTOR'S NAME
ADDRESS, ZIP CODE
TELEPHONE NUMBER
AND VENDOR ID NUMBER
I
II
III
TYPE(S) OF GOODS
OR SERVICES TO BE
PROVIDED
ESTIMATED
VALUE OF
SUBCONTRACTS
* For those Bidders listing Small Business Subcontractors: Attach copies of Division of Minority and Women Business Development registration for each subcontractor listed. If bidder has not achieved established subcontracting set-aside goals, also attach documentation of good faith effort to do so in the relevant category in accordance with NJAC17:13-4 and the Notice to All Bidders.
I hereby certify that this Subcontractor Utilization Plan (Plan) is being submitted in good faith. I certify that each subcontractor has been notified that it has been listed on this Plan and that each subcontractor has consented, in writing, to its name being submitted for this contract. Additionally, I certify that I shall notify each subcontractor listed on the Plan, in writing, if the award is granted to my firm, and I shall make all documentation available to the Division of Purchase and Property upon request.
I further certify that all information contained in this Plan is true and correct and I acknowledge that the State will rely on the truth of the information in awarding the contract.
PRINCIPAL OF FIRM:
(Signature) (Title) (Date)
PB-SA-3
Revised 9/09
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