2-BIDDOC 6000002940.pdf

4 World Trade Center, 150 Greenwich Street,21st Floor, New York, NY 10007

REQUEST FOR QUOTATION

Quantity Description Unit Price Total

Supply and Deliver Dry Ice to PATH - Two (2) Year Requirements

Contract.

Contract to commence on or about 12/01/2025.

Please quote fully delivered fixed and firm pricing in accordance with the terms of the contract.

Attached document entitled "PATH Stockroom Requirements

Contract" is made part of this contract. Read all terms and conditions before bidding. Items shall be supplied on an as-needed basis. The quantities shown are for bid evaluation purposes only and constitute no guarantee as to the items and quantities, if any, that may actually be ordered. Deliver to PATH warehouse facility as specified.

Contract Delivery Term: Within two (2) calendar days A.R.O.

A price preference of 10 % is available for NY/NJ Minority or

Women Business Enterprises (M/WBE) or for Service-disabled

Veteran-owned Business Enterprises (SDVOBs) or 5% for NY/NJ

Small Business Enterprises (SBE) certified by the Port Authority

(PA) by the day before bid opening for awards not exceeding

$1,000,000. My firm was certified as a

___________________________on______/_______/______

PLEASE QUOTE FULLY DELIVERED

PRICE

PAYMENT

TERMS

Total Delivered Price

RFQ Number / Bid Due Date

6000002940 / 08/13/2025

Bids must be received no later than 11:00:00 AM on the above Bid Due Date

Vendor No., Name, Address (insert)

Date 07/29/2025

This Quotation is subject to the terms and conditions set forth back on the pages hereof. Bidder is advised to read these before.

We have read the instructions and, if favored with an order, we agree to furnish the items enumerated herein at the prices and under the conditions indicated.

Signed ______________________________________

Firm Name ___________________________________

Telephone number__________________Date________

Fax Number___________________________________

Federal Taxpayer ID ____________________________

Bidder

Must

Sign

In

Two

Places

NOTICE TO BIDDERS: Unless the following term of assurance that the above offer is irrevocable is signed, the offer submitted herein shall not be deemed to be complete.

The foregoing offer shall be irrevocable for 90 days after the date on which the Port Authority of New York and New Jersey opens this proposal.

Signed______________________________Date___________

Firm Name__________________________________________

Port Authority Procurement Contact

Vanessa Brown / 212-435-4658 / vabrown@panynj.gov

Quantity Description Unit Price Total

In addition to signing this RFQ, please provide:

Print Name: __________________________

Email: _______________________________

NOTICE TO BIDDERS: Unless the following term of assurance that the above offer is irrevocable is signed, the offer submitted herein shall not be deemed to be complete.

The foregoing offer shall be irrevocable for 90 days after the date on which the Port Authority of New York and New Jersey opens this proposal.

Signed______________________________Date___________

Firm Name__________________________________________

REQUEST FOR QUOTATION

We have read the instructions and, if favored with an order, we agree to furnish the items enumerated herein at the prices and under the conditions indicated.

Signed ______________________________________

Firm Name ___________________________________

Telephone number__________________Date________

Fax Number___________________________________

Federal Taxpayer ID ____________________________

Bidder

Must

Sign

In

Two

Places

PLEASE QUOTE FULLY DELIVERED

PRICE

PAYMENT

TERMS

Total Delivered Price

This Quotation is subject to the terms and conditions set forth back on the pages hereof. Bidder is advised to read these before.

Date 07/29/2025

RFQ Number / Bid Due Date

6000002940 / 08/13/2025

The Port Authority has temporarily ceased public bid openings and will allow for the electronic submission of bids.

The Port Authority of New York and New Jersey has temporarily ceased public bid openings and will allow for the digital submission of certain bids using the Bonfire platform, accessible via the link https://panynj.bonfirehub.com/portal/?tab=openOpportunities.

Bidders MUST register in order to download the solicitation documents and associated information regarding the referenced solicitation and in order to upload bid submissions. Registration on the Bonfire platform requires a separate and distinct registration from all other Port Authority platforms.

Sealed bids for the referenced solicitation will be received by the

Port Authority any time up to but not later than the due date and time indicated in the solicitation document. The Port Authority will accept only those bids in electronic format, and in the same readable Adobe PDF or in the format as provided by the Port

Authority. Bid submissions will be accepted by upload only at https://panynj.bonfirehub.com/portal/?tab=login and must be uploaded timely so as to be received by the Authority by the deadline in order to be considered.

Hand deliveries and mailed deliveries (e.g., UPS, USPS) will not be accepted. The Port Authority may request an original, signed paper submission at any time following the Bid Due Date. If requested, such original, signed paper submission must be

NOTICE TO BIDDERS: Unless the following term of assurance that the above offer is irrevocable is signed, the offer submitted herein shall not be deemed to be complete.

The foregoing offer shall be irrevocable for 90 days after the date on which the Port Authority of New York and New Jersey opens this proposal.

Signed______________________________Date___________

Firm Name__________________________________________

REQUEST FOR QUOTATION

We have read the instructions and, if favored with an order, we agree to furnish the items enumerated herein at the prices and under the conditions indicated.

Signed ______________________________________

Firm Name ___________________________________

Telephone number__________________Date________

Fax Number___________________________________

Federal Taxpayer ID ____________________________

Bidder

Must

Sign

In

Two

Places

PLEASE QUOTE FULLY DELIVERED

PRICE

PAYMENT

TERMS

Total Delivered Price

This Quotation is subject to the terms and conditions set forth back on the pages hereof. Bidder is advised to read these before.

Date 07/29/2025

RFQ Number / Bid Due Date

Form and Submission of Bid identical to the electronic submission. In the event of a discrepancy, the electronic submission shall control.

If requested by the Port Authority, the paper submission must be identical to the electronic submission that was submitted by the Bid Due Date. In the event of a discrepancy, the electronic submission shall take precedence.

THERE WILL BE NO PUBLIC BID OPENINGS AND HAND

DELIVERIES WILL NOT BE ACCEPTED. Bid results will be posted to the Port Authority’s website as soon as they are available.

By submitting this Bid, the Bidder offers to assume the obligations and liabilities imposed upon it herein and expressly makes the representations and warranties required to be made by it in this document.

Questions concerning Bonfire may be addressed to the contact provided on the Bonfire platform.

Questions concerning this solicitation shall be addressed only to the Buyer.

NOTICE TO BIDDERS: Unless the following term of assurance that the above offer is irrevocable is signed, the offer submitted herein shall not be deemed to be complete.

The foregoing offer shall be irrevocable for 90 days after the date on which the Port Authority of New York and New Jersey opens this proposal.

Signed______________________________Date___________

Firm Name__________________________________________

REQUEST FOR QUOTATION

We have read the instructions and, if favored with an order, we agree to furnish the items enumerated herein at the prices and under the conditions indicated.

Signed ______________________________________

Firm Name ___________________________________

Telephone number__________________Date________

Fax Number___________________________________

Federal Taxpayer ID ____________________________

Bidder

Must

Sign

In

Two

Places

PLEASE QUOTE FULLY DELIVERED

PRICE

PAYMENT

TERMS

Total Delivered Price

This Quotation is subject to the terms and conditions set forth back on the pages hereof. Bidder is advised to read these before.

Date 07/29/2025

DRY ICE

See attached "Pricing Sheet - RFQ # 6000002940".

Insert the "Total Estimated Two (2) Year Contract Price" into this RFQ's "Total Delivered Price".

NOTICE TO BIDDERS: Unless the following term of assurance that the above offer is irrevocable is signed, the offer submitted herein shall not be deemed to be complete.

The foregoing offer shall be irrevocable for 90 days after the date on which the Port Authority of New York and New Jersey opens this proposal.

Signed______________________________Date___________

Firm Name__________________________________________

REQUEST FOR QUOTATION

We have read the instructions and, if favored with an order, we agree to furnish the items enumerated herein at the prices and under the conditions indicated.

Signed ______________________________________

Firm Name ___________________________________

Telephone number__________________Date________

Fax Number___________________________________

Federal Taxpayer ID ____________________________

Bidder

Must

Sign

In

Two

Places

PLEASE QUOTE FULLY DELIVERED

PRICE

PAYMENT

TERMS

Total Delivered Price

This Quotation is subject to the terms and conditions set forth back on the pages hereof. Bidder is advised to read these before.

Date 07/29/2025

Date 07/29/2025

PA280/06-2025

TERMS AND CONDITIONS

1. For the purposes of this Request For Quotations (RFQ), the terms ''Authority,'' ''Port Authority,'' or ''PA'' mean the Port Authority of New York and New Jersey and/or the Port Authority Trans Hudson Corporation (''PATH,'') as applicable.

2. The Port Authority reserves the right to request information relating to seller's responsibility, experience and capability to perform the work.

3. Prices must be quoted in United States Dollars. All figures inserted will be interpreted as being quoted in United States Dollars. Unless otherwise specified, unit prices shall be quoted to two (2) decimal places.

4. Unless otherwise provided, complete shipment of all items must be in one delivery FOB delivery point freight included. Payment will not be made on partial deliveries unless authorized in advance by the PA and any discount, if applicable, will be taken on the total order.

5. Inspection and acceptance will be conducted at the delivery point, unless otherwise provided. Any risk of loss will be the seller's responsibility until such delivery and acceptance is made, unless loss results from negligence of the Authority.

6. PA payment terms are net 30 days. Cash discounts for prompt payment of invoices may be quoted, but will not be considered in determining award. If awarded a PO as a result of this RFQ, the seller shall comply with the Port Authority’s required invoice submission process, including, but not limited to submitting invoices electronically, for acceptance and verification by the authorized Port Authority personnel. Once approved invoices will be processed for payment. If notification is communicated that electronic invoicing is not available, invoices are to be sent electronically to the Contract Administrator.

7. Separate unit and total FOB delivered prices must be shown. In the event of a discrepancy between unit prices and total prices, unit prices will govern.

8. Sales to the PA and to PATH are currently exempt from New York and New Jersey State and local taxes and generally from federal taxation. The seller certifies that there are no federal, state, municipal or any other taxes included in the prices shown hereon.

9. The PA shall have the absolute right to reject any or all quotes or to accept any quote in whole or part and to waive defects in quotes.

10.Unless ''no substitute'' or ''no approved equal'' is indicated, seller may offer alternate manufacturer/brands, which shall be subject to Port Authority approval. Please indicate details of product being offered with its quote.

Brand name or equal descriptions are used as a means to define the performance or other salient characteristics of procurements. In the subject RFQ, even if the phrase ''or approved equal'' is inadvertently omitted, it is implied after any brand name.

11.Acceptance of seller's offer will be only in writing, authorized by the PA. No changes shall be made to any agreement resulting from this RFQ, except in writing, authorized by the PA.

12.If the seller fails to perform in accordance with the terms of this RFQ, or the terms of any agreement resulting from this RFQ, the PA may obtain the goods or services from another contractor and charge the seller the difference in price, if any, a reletting cost of $100, per order included in this RFQ, plus any other damages to the

PA.

13.The PA may cancel this RFQ at any time, when it is in the PA's best interest, via an addendum. The PA may terminate any agreement resulting from this RFQ, in accordance with terms and conditions of that agreement, in which case the successful seller (''Vendor'') shall be paid for items received and accepted, including shipping costs, if applicable, up to the time of termination, unless otherwise provided for in that agreement. The Vendor shall promptly submit its final invoice to the PA to be paid to the Vendor.

14.Upon request, sellers are encouraged to extend the terms and conditions of any agreement resulting from this RFQ with the PA to other government and quasi-government entities by separate agreement.

15.By signing this RFQ, the seller certifies to all relevant statements on Form PA 3764A (copy can be obtained at http://www.panynj.gov/business-opportunities/become-vendor.html), including but not limited to those relating to the submission of bids. As set forth on PA 3764A, the PA has adopted a policy that it will honor a determination by an agency of the State of New York or New Jersey that a seller is not eligible to bid on or be awarded public contracts because the seller has been determined to have engaged in illegal or dishonest conduct or to have violated prevailing wage legislation. The terms and conditions of PA 3764A will apply to any agreement resulting from this RFQ.

16.The Vendor may subcontract the services or use a supplier for the furnishing of materials required hereunder to such persons or entities as the PA, may, from time to time, expressly approve in writing. All further subcontracting shall also be subject to such approval by the PA. All persons to whom the Vendor subcontracts services shall be deemed to be its agents and no subcontracting or approval thereof shall be deemed to release the Vendor from its obligations under any agreement resulting from this RFQ.

17.The Vendor may not assign any subsequent agreement resulting from this RFQ without written consent of the PA.

18.The Vendor shall not issue nor permit to be issued any press release, advertisement, or literature of any kind, which refers to the Port Authority or that goods will be, are being or have been provided to it and/or that services will be, are being or have been performed for it in connection with this RFQ or any subsequent Agreement, unless the vendor first obtains the written approval of the Port Authority. Such approval may be withheld if for any reason the Port Authority believes that the publication of such information would be harmful to the public interest or is in any way undesirable.

19.Notwithstanding anything to the contrary, the seller acknowledges that the Port Authority's obligations, if any, under this RFQ, or any agreement resulting from this RFQ, are subject to the provisions of its Public Records Access Policy, and any amendments thereto, and any disclosure made pursuant thereto is not a violation of this RFQ. The Port Authority Public Records Access Policy can be found at https://www.panynj.gov/corporate/en/public-record-access.html, and is incorporated herein.

20.Neither the Commissioners of the Port Authority, nor Directors of PATH, nor any of them, nor any officer, agent or employee thereof, shall be charged personally by any seller with any liability, or held personally liable to any Contractor under any term or provision of this RFQ (or any agreement resulting from this RFQ), or because of its execution or attempted execution, or because of any breach, or attempted or alleged breach, thereof.

21.MBE/WBE/SDVOB GOOD FAITH PARTICIPATION - The Vendor shall use every good-faith effort to provide for participation by Port Authority Certified Minority Business Enterprises (MBEs), Port Authority Certified Women-owned Business Enterprises (WBEs) and Port Authority certified Service-disabled Veteran-owned Business Enterprises (SDVOBs) in all purchasing and subcontracting opportunities associated with any agreement resulting from this RFQ, including purchase of equipment, supplies and labor services. If this RFQ contains participation goals, the Vendor shall use good faith efforts to achieve the goals.

Good faith efforts to include and facilitate participation by MBE/WBE/SDVOBs shall include, but not be limited to the following:

A. Dividing the services and materials to be procured into smaller portions, where feasible.

B. Giving reasonable advance notice of specific contracting, subcontracting and purchasing opportunities to such MBE/WBE/SDVOBs as may be appropriate.

C. Soliciting services and materials from a Port Authority certified MBE/WBE/SDVOB. To access the Port Authority's Directory of MBE/WBE/SDVOB Port Authority certified firms go to http://www.panynj.gov/business-opportunities/sd-mwsdbe-profile.html.

D. Ensuring that provision is made to provide progress payments to MBE/WBE/SDVOBs as defined in the prompt payment provision below.

E. Observance of reasonable commercial standards of fair dealing in the respective trade or business.

For additional information on good faith efforts, refer to “What Are Good Faith Efforts” at https://www.panynj.gov/port-authority/en/business-opportunities/Vendor-Resources.html.

22.If this solicitation has not been set aside for the purposes of making an award based on bids solicited from Port Authority certified Minority Business, Women Business, Small Business Enterprises or Service-disabled Veteran-owned Business Enterprises as indicated within this RFQ, a price preference of 10% is available for NY/NJ Minority and Women Business Enterprises (M/WBEs), 5% for NY/NJ Small Business Enterprises (SBEs), or 10% for Service-disabled Veteran-owned Business Enterprises (SDVOBs) certified by the Port Authority (PA) by the day before bid opening for awards not exceeding one million dollars ($1,000,000).

23.Non-Discrimination Requirements - The Vendor shall take all necessary and reasonable steps to ensure non-discrimination in the performance and administration of all aspects of any agreement resulting from this

RFQ.

A. Vendor hereby agrees that no person on the ground of race, color, national origin, creed / religion, sex, age, or handicap / disability shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the furnishing of goods or services or in the selection and retention of subcontractors and /or vendors under any agreement resulting from this RFQ. Vendor shall also ascertain and comply with all applicable federal state and local laws, ordinances, rules, regulations and orders that pertain to equal employment opportunity and non-discrimination in employment.

B. Vendor agrees that these ''Non-Discrimination Requirements'' are a binding part of any agreement resulting from this RFQ. Without limiting the generality of any other term or provision of this RFQ or any agreement resulting from this RFQ, in the event the Authority, or a state or federal agency finds that the Vendor or any of its subcontractors or vendors has not complied with these ''Non-Discrimination Requirements,'' the Authority may cancel, terminate or suspend this RFQ or any agreement resulting from this RFQ.

C. Vendor agrees to cooperate fully with the Authority's investigation of allegations of discrimination.

Cooperation includes, but is not limited to, allowing the Authority to question employees during the investigation of allegations of discrimination, and complying with directives that the Authority or the State or Federal government deem essential to ensure compliance with these ''Non-Discrimination Requirements.''

24.To the extent permitted by law, the Vendor shall indemnify and hold harmless the Port Authority, its Commissioners, Directors, agents, servants, officers, representatives and employees from and against all claims and demands, just or unjust, of third persons (including Vendor's agents, servants, officers, representatives and employees) arising out of or in any way connected to or alleged to arise out of or alleged to be in any way connected with any subsequent agreement resulting from this RFQ and all other services and activities of the Vendor under any subsequent agreement resulting from this RFQ and for all expenses incurred by it and by them in the defense, settlement or satisfaction thereof. The Vendor assumes the following risks, whether such risks arise out of or are in any way connected to the Vendor's operations or to its performance of work under any agreement resulting from this RFQ, or arise out of acts or omissions (negligent or not) of the Vendor, the Port Authority or third persons (including agents, servants, officers, representatives, Commissioners, Directors and employees of the Port Authority and the Vendor) or from any other cause, excepting only risks occasioned solely by affirmative willful acts of the Port Authority done subsequent to the opening of bids/quotes on this RFQ, and shall to the extent permitted by law indemnify the Port Authority for all loss or damage incurred in connection with such risks: (a) the risk of any and all loss or damage to Port Authority or Vendor property, equipment, materials and possessions, and those of Vendor's agents, employees, materialmen or others performing work under any agreement resulting from this RFQ, on or off the premises, the loss or damage of which shall arise out of the Vendor's operations under any agreement resulting from this RFQ; and (b) the risk of claims, whether made against the Vendor or the Port Authority, including those, whether just or unjust, of third persons (including agents, servants, officers, representatives, Commissioners, Directors and employees of the Port Authority and the Vendor), for any and all injuries, loss or damages occurring to any property, equipment, materials and possessions of the Contractor's agents, employees, materialmen and others performing work under any agreement resulting from this RFQ.

25.Seller's attention is directed to the Port Authority's "Code of Ethics for Port Authority Vendors" (the "Code").

The Code will be made apart of any agreement resulting from this solicitation. The Code can be found at https://www.panynj.gov/business-opportunities/become-vendor.html.

26.The PA has transitioned to an all electronic method of paying its vendors and contractors via an Automated Clearing House (ACH) funds transfer. The Vendor must complete the Port Authority's ''Authorization Agreement For Direct Deposits And Direct Payments (ACH Credits)'' form, which is available at http://www.panynj.gov/business-opportunities/become-vendor.html, in order to receive payment. To avoid delays in payments for commodities and services provided, vendors and contractors must be enrolled in ACH.

The Authorization Agreement shall remain in full force and effect until the Port Authority has received written notification from the Vendor of its termination in such time and in such manner as to afford the Port Authority and the depository financial institution(s) a reasonable opportunity to act on it. Any questions on this initiative may be directed to the ACH Enrollments contact line at 201 216-6002 or emailed to

ACHENROLLMENT@PANYNJ.GOV.

27.Prospective Bidders are advised that additional vendor information , including but not limited to, forms, documents and other information, including protest procedures, may be found on the Port Authority website at:

http://www.panynj.gov/business-opportunities/become-vendor.html.

28.The Contractor shall provide its personnel, and shall require its subcontractors to provide their personnel, with Personal Protective Equipment (PPE) prior to entering the Facility, and shall replenish PPE periodically as appropriate. PPE is equipment worn to minimize exposure to hazards that may cause serious injuries and illnesses at the workplace. These injuries and illnesses may result from contact with biological, chemical, radiological, physical, electrical, mechanical, or other workplace hazards. PPE may include, but shall not be limited to, items such as face coverings, gloves, safety glasses, shoes, earplugs, muffs, hard hats, respirators, coveralls, vests and full body suits. The Contractor shall require its personnel, and shall require its subcontractors to require its personnel, to utilize such PPE as appropriate to the Facility and Work covered under the Contract or as may be required by the Port Authority. Regardless of the type of Work, face coverings may be required at Port Authority Facilities.

29.Where applicable, the Contractor shall make best efforts to provide sustainable packaging, in furtherance of the Port Authority's sustainability goals, as set forth in the Port Authority's Sustainable Packaging Guidelines, which can be found at https://www.panynj.gov/content/dam/port-authority/pdfs/supplier-diversity/sustainable-packaging-guidelines.pdf.

30.This Contract may be signed by a party, either by hand, or with an electronic signature affixed digitally and in each case, this Contract may be personally delivered or sent by email or other electronic means after execution.

Any such means of execution and transmittal shall have the same binding and legal effect.

Dry Ice - PATH RFQ # 6000002940

(11/24/2020)

PATH STOCKROOM REQUIREMENTS CONTRACT

Information for Bidders

1. AWARD METHOD

AWARD TO SINGLE BIDDER:

It is the intent of the Port Authority/ PATH to award an order to one Bidder based on the total estimated delivered price for all items. However, the Port Authority/PATH shall have the absolute right to reject any or all bids or to accept any bid in whole or in part and to waive defects in bids.

2. CORRECTION IN COMPUTATION

Prices must be quoted in United States Dollars. All figures inserted in the Request for Quotation form, or the electronic pricing sheet, if applicable, will be interpreted as being quoted in United States Dollars. Each Bidder shall ensure that all information and figures are inserted as required and that all computations have been verified for accuracy. Bidders are advised that the Port Authority/PATH may verify only the quotation or quotations that it deems appropriate and may not check each bid for errors in computation. The Port Authority/PATH reserves the unqualified right to recalculate any and all extended totals set forth by the Bidder. In the event there is a discrepancy between any unit price inserted and the extended total or the "Total Estimated Contract Price," the Bidder's unit price shall prevail.

3. ACCEPTABLE PRODUCTS AND SAMPLES

This bid may or may not call for specific brands that have been deemed acceptable for the purpose intended. If this bid calls for specific brands that have been deemed acceptable for the purpose intended, the Bidder may quote alternate products other than those listed hereunder. In that case, the Bidder must indicate the manufacturer name and model/part number of the alternate product next to each applicable line item. A Bidder quoting products may be required, at his own expense, to submit a sample of the proposed product and/or a copy of the specifications for the sample being submitted. If the Bidder fails to submit the required sample, the Bidder may be deemed non-responsive. If this bid does not call for the specific brands that have been deemed acceptable for the purpose intended, the Bidder may be required, at its own expense, to submit a sample of a proposed product.

Samples of all the requested products shall be submitted to the Port Authority/PATH for evaluation within seven (7) business days of request. Failure by the Bidder to deliver samples within the required timeframe may result in the rejection of the Bid. The package containing sample products should clearly indicate the following: (1) the Bidder’s name and address, (2)

(11/24/2020) the Bid number, and (3) the Bid due date. Additionally, each item must be tagged with the PATH’s Material Stock Number and the Bidder’s name and address. Sample products are to be sent directly to: PATH, Harrison Stockroom, Foot of Cape Street, Harrison, N J 07029.

All sample products submitted by the Bidder will be evaluated by the Port Authority/PATH, and the Port Authority/PATH will make the final determination as to whether or not the sample product is acceptable. The Bidder shall bear all costs of the evaluation, if any. Should a proposed alternate product be deemed not acceptable, the Bidder shall be obligated to provide one of the listed acceptable brands, including the manufacturer’s name and model/part numbers at the original quoted price to maintain eligibility for contract award.

All samples must be picked up by the Bidder within thirty (30) days of notification, after which all samples will become the property of the Port Authority/PATH.

Once a bid is accepted, the successful Bidder should deliver the approved product accepted by the Port Authority/PATH, unless otherwise approved in advance by the Port Authority/PATH. After rejection of a substitute for award consideration, the Bidder can offer any specified manufacturer/brand in the material description but shall maintain the price quoted for the rejected substitute.

4. PRE-AWARD MEETING

The lowest responsive and responsible Bidder may be required to attend a virtual pre-award meeting prior to award of the Contract.

5. ENERGY STAR

Where applicable, the Bidder shall make best efforts to provide products that earn the ENERGY STAR and meet the ENERGY STAR specifications for energy efficiency. The Bidder is encouraged to visit www.energystar.gov for complete product specifications and updated lists of qualifying products.

6. CERTIFICATION OF RECYCLED MATERIALS

Bidders are requested to submit, with their bid, Attachment I-A “Certified Environmentally Preferable Products / Practices Form”, attesting that the products or items offered by the Bidder contain the minimum percentage of post-consumer recovered material in accordance with the most recent guidelines issued by the United States Environmental Protection Agency (EPA), or, for commodities not so covered, the minimum percentage of post-consumer recovered materials established by other applicable regulatory agencies. The data submitted by the Bidder in Attachment I-A is being solicited for informational purposes only.

http://www.energystar.gov/

Recycling Definitions:

For purposes of this solicitation, the following definitions shall apply:

a. “Recovered Material” shall be defined as any waste material or by-product that has been recovered or diverted from solid waste, excluding those materials and by-products generated from, and commonly reused within, an original manufacturing process.

b. “Post-consumer Material” shall be defined as any material or finished product that has served its intended use and has been discarded for disposal or recovery having completed its life as a consumer item. “Post-consumer material” is included in the broader category of “Recovered Material”.

c. “Pre-consumer Material” shall be defined as any material or by-product generated after the manufacture of a product but before the product reaches the consumer, such as damaged or obsolete products. Pre-consumer Material does not include mill and manufacturing trim, scrap, or broken material that is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process.

d. “Recycled Product” shall be defined as a product that contains the highest amount of post-consumer material practicable, or when post-consumer material is impracticable for a specific type of product, contains substantial amounts of Pre-consumer Material.

e. “Recyclable Product” shall be defined as the ability of a product and its packaging to be reused, reconditioned for use, or recycled through existing recycling collection programs.

f. “Waste Reducing Product” shall be defined as any product that will result in less waste generated due to its use rather than another product designed to serve the same function with a greater waste generation rate. This shall include, but not be limited to, those products that can be reused, refilled or have a longer life expectancy and contain a lesser amount of toxic constituents.

STANDARD TERMS AND CONDITIONS

1. GENERAL AGREEMENT

The Vendor agrees to furnish and deliver on an "as needed" basis to the Port Authority/PATH's warehouses as set forth herein, the Authority's warehouse requirements for the items set forth in the Excel Pricing Sheets accompanying "Request for Quotation", within the calendar days indicated further herein. The furnishing and delivery shall be at the prices quoted in the Request for Quotation, or Excel pricing sheet, if applicable, and shall be in effect for the duration of this contract and in accordance with the Section “Unit Price Adjustment”.

If any item description or the solicitation document specifies “no substitute”, then Bidders are required to quote the specified manufacturers. Otherwise, Bidders are encouraged to quote the specified items and manufacturers. For any alternate-equals quoted, Bidders are expected to have made a responsible comparison of the general quality of the alternate product to the specified items. Bidders shall indicate the alternate-equal manufacturer name and part number and submit specification sheets to facilitate a review by the Port Authority. Specifications sheets must indicate the corresponding Port Authority stock number in order for the Port Authority to review.

If no alternate-equal manufacturer and part number is indicated for an item, the Bidder’s submitted Bid is interpreted as offering any of the specified manufacturers for that item.

Also refer to the section entitled “Acceptable Samples and Products” herein.

The contract term is two (2) years. There shall be no minimum quantities or dollars per Purchase Order release. The dollar value of this requisition is for evaluation purposes only and there are no guarantees as to the actual amount, if any, that may be ordered.

In full consideration for the performance of all duties and obligations hereunder, the Vendor agrees to accept from the Port Authority/PATH a compensation consisting of payment for the items or services supplied by the Vendor computed at the bid prices quoted in the Request for Quotation. The "Unit Prices" quoted shall not exceed two decimal places.

2. EXTENSION PERIOD

The Port Authority/PATH shall have the absolute right to extend the Base Term for an additional period of up to one hundred and twenty (120) days (hereinafter called the “Extension Period”) subsequent to the Expiration Date of the Base Term or to the Expiration

Date of the final exercised Option Period, subject to the same terms and conditions as the previous contract period. The prices quoted by the Contractor for the previous contract period shall remain in effect during this Extension Period without adjustment. If it so elects to extend this Contract, the Port Authority/PATH will advise the Contractor, in writing that the term is so extended, and stipulate the length of the extended term, at least thirty (30) days prior to the expiration date of the previous contract period.

3. UNIT PRICE ADJUSTMENT

For the purposes of this Section, the following terms apply:

a) “Unit Price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice;

b) “Established Price" means a price that is an established catalog or market price for a commercial item sold in substantial quantities to the general public and is the net price after applying any standard trade discounts offered by the Contractor.

Unit Prices quoted for the materials in this Contract shall remain firm for the first twelve (12) months following the effective start date of the Contract. Unit Prices may be adjusted, only if requested by the Contractor and approved by the Port Authority/PATH and made effective for the start of the thirteenth (13th) month into the Contract, and each twelve (12) months thereafter (the “Adjustment Period”). Adjusted Unit Prices will remain firm during their scheduled Adjustment Period.

If the Contractor requests a price increase adjustment, an increase adjustment may be considered with documented proof from the manufacturer that the new price is the most current Established Price used industry wide, is consistent with manufacturing and/or market trends, and which changes are outside of the Contractor’s control. Examples of documented proof may include, but shall not be limited to, changes in cost of raw material, quotes to the Contractor by the manufacturer or supplier, and correspondence from the manufacturer or supplier to the Contractor evidencing that the increase being requested is passed to the Contractor. The Contractor’s request for price adjustment shall be made only during the thirty

(30) calendar days immediately preceding the start of the next scheduled Adjustment Period.

As part of its request for price adjustment, the Contractor shall extend to the Port Authority/PATH any decrease in pricing afforded to it by the manufacturer or supplier. The Port Authority/PATH reserves the right to inquire with the Contractor, at any time during Contract, to verify the current Established Price in effect at the time of inquiry and to request an immediate decrease as appropriate.

The Contractor’s requests for price adjustment are subject to the Port Authority/PATH’s review and approval. Price adjustments accepted by the Port Authority/PATH will go into effect on all orders placed within the applicable Adjustment Period. Retroactive price adjustments will not be made on any orders placed prior to the Port Authority/PATH’s acceptance for the applicable Adjustment Period.

Notwithstanding the provisions of this Section, in no event shall any price adjustment hereunder be greater than ten percent (10%) per Adjustment Period.

The amounts payable to the Contractor during the Extension Period, if applicable and exercised, shall not be subject to price adjustment.

4. EMAIL ACCESSIBILITY

The Vendor shall provide a current email address that can used for the receipt of Purchase Orders from the Port Authority. The Vendor must be able to receive orders via email 24 hours a day, 7 days a week.

5. PURCHASE ORDERS

Releases against the Contract for the Port Authority/PATH stockroom(s) will be coordinated using Purchase Orders issued by PATH located at Foot of Cape Street, Harrison, N J 07029.

Purchase Orders may be verbal or in writing. If verbal, the Port Authority/PATH will confirm all orders by a facsimile hard copy transmission bearing the stock number, quantity, delivery location and Purchase Order number. The Vendor shall accept Purchase Orders only from PATH. The Vendor shall deliver within two (2) business days from receipt of notification from the Contract Administrator.

6. ADDITIONAL ITEMS

Additional related items may be added to this contract by the Contract Administrator, Central Warehouse. The Port Authority/PATH shall not be obligated to add new items to the contract unless it is in the best interest of the Port Authority/PATH.

7. SUSTAINABLE PACKAGING

Where applicable, the Contractor shall make best efforts to provide sustainable packaging, in furtherance of the Port Authority's sustainability goals, as set forth in the Port Authority’s Sustainable Packaging Guidelines, which can be found at https://www.panynj.gov/content/dam/port-authority/pdfs/supplier-diversity/sustainable-packaging-guidelines.pdf.

https://www.panynj.gov/content/dam/port-authority/pdfs/supplier-diversity/sustainable-packaging-guidelines.pdf https://www.panynj.gov/content/dam/port-authority/pdfs/supplier-diversity/sustainable-packaging-guidelines.pdf

8. DELIVERY

Delivery shall be, FOB delivered to any or all warehouses listed. It should be noted that within a facility location, there might be one or more individual site locations where delivery may be required. All deliveries shall be made between the hours of 7:00 a.m. and 2:30 p.m.

unless otherwise noted in the specifications. The Vendor MUST follow the instructions in paragraph 10 for the proper method of making deliveries. Failure to do so may result in delayed payments.

A. Trucks making deliveries to the Harrison Car Maintenance Facility, Jersey City, NJ must be standard loading dock height.

B. Trucks making deliveries to 120 Academy Street, Jersey City, NJ must have a lift gate to lower container(s) to ground level or another means of lowering the container(s) to ground level, as this Facility does not have a loading dock. The Contractor shall be required to transport the container(s) from their truck into the Facility.

C. All deliveries must be accompanied by an original packing slip which, shall always contain:

1. The Port Authority/PATH Purchase Order.

2. The Port Authority/PATH Stock Number.

3. A description of each item.

4. The quantity shipped of each item.

5. The Vendor's packing slip/invoice number.

D. The Vendor shall not combine orders.

E. In the event the Vendor receives more than one separate and distinct purchase order for one delivery point, the Vendor shall package each order individually though delivery is made to the same location simultaneously. Each separate order must be accompanied by its own packing slip/invoice containing all information numbered 1 through 5 in Paragraph A above.

F. Shipping cartons shall not contain loose and/or unmarked items.

G. Unless otherwise provided, complete shipment of all items must be in one delivery.

If a Vendor needs to deliver a different item than previously approved for a specific line item because the previously delivered item is unavailable, the Vendor may deliver a different item subject to the advance approval of the Port Authority/PATH.

Only in extenuating circumstances will partial deliveries to Port Authority/PATH warehouses be accepted. When partial deliveries are made, the receiving warehouse must be notified as to when the balance of the order will be shipped.

9. DELIVERY CONDITIONS

The Contractor shall deliver the dry ice to the Facilities listed below within two (2) business days of the Contract Administrator's telephone order. The Contract Administrator shall advise the Contractor of the actual amount to deliver at time of order. All quantities are estimates, and there are no guarantees how much dry ice will be actually ordered under this Contract. The Contractor shall pick up the empty container(s) at the time of delivery.

10. DELIVERY LOCATIONS AND RESTRICTIONS

PATH Harrison Car Maintenance Facility (HCMF) Foot of Cape May Street Harrison, NJ 07029

(973) 350-3944/3945

A. The Contractor shall deliver an estimated 250 pounds of solid form of Dry Ice in one (1) container; deliveries are estimated but not guaranteed at every two weeks. The size requirement for the solid dry ice is 6" x 6" x 12 or 5" x 5" x 12" or 5" x 5" x 10."

B. The Contractor shall deliver an estimated 500 pounds of the pellet form of Dry Ice in one

(1) container; deliveries are estimated but not guaranteed at once a week.

PATH Consolidated Maintenance Facility 120 Academy St.

Jersey City, NJ 07302

(201) 216-7070/7079

The Contractor shall deliver an estimated 500 pounds of pellet form of Dry Ice in one (1) container. Deliveries are estimated but not guaranteed at once per week.

11. LEGAL HOLIDAYS

Except where otherwise specified, all of the following holidays will be observed at the Facility. Where specified, these holidays shall mean and include:

New Year’s Day Labor Day Martin Luther King, Jr. Birthday Columbus Day Lincoln’s Birthday Veterans Day President’s Day Thanksgiving Day Memorial Day The day after Thanksgiving Day Juneteenth Christmas Day Independence Day

12. MATERIAL SAFETY DATA SHEETS

When required by Federal, State or Local law, a Material Safety Data Sheet must be included with all deliveries.

13. UNION JURISDICTION

The Vendor is advised to ascertain whether any union now represented or not represented at the facility will claim jurisdiction over any aspect of the operation to be performed hereunder including delivery.

14. BILLING

An invoice with a unique invoice number must be issued for all deliveries. The vendor must attach backup delivery receipts with Purchase Order number. Email all invoices to:

Accounts_Payable_Invoices@panynj.gov. As reference, the billing address is The Port Authority of NY and NJ, 2 Montgomery Street, 3rd Floor, Jersey City, NJ 07302.

15. NON-PERFORMANCE OF VENDOR’S DUTIES RELETTING CHARGES

If the seller fails to perform in accordance with the terms of this contract, or the terms of agreement resulting from this contract, the Port Authority/PATH may obtain the goods or services from another contractor and charge the seller the difference in price, if any, a reletting cost of one hundred dollars ($100), per order included in this contract, plus any other damages to the Port Authority/PATH caused by seller’s breach, and may seek and remedy available under law or contract.

16. TERMINATION

The Port Authority/PATH may terminate this Contract with cause at any time and without cause within 5 business days written notice to the vendor and in such an event this Contract shall cease and expire on the date set forth in the notice of termination as fully and completely as though such date was the original expiration date. Such cancellation shall be without prejudice to the rights and obligations of the parties arising out of portions of this agreement already performed but no allowance shall be made for anticipated profits. The mailto:Accounts_Payable_Invoices@panynj.gov

Vendor shall complete delivery of all items ordered before receipt of the notice of termination.

17. NON-DISCRIMINATION REQUIREMENTS

The Vendor shall take all necessary and reasonable steps to ensure non-discrimination in the performance and administration of all aspects of this Contract.

A. Vendor hereby agrees that no person on the ground of race, color, national origin, creed/religion, sex, age or handicap/disability shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the furnishing of goods or services or in the selection and retention of subcontractors and/or vendors under this Contract. Vendor shall also ascertain and comply with all applicable federal, state and local laws, ordinances, rules, regulations, and orders that pertain to equal employment opportunity, affirmative action, and non-discrimination in employment.

B. Vendor agrees that these “Non-Discrimination Requirements” are a binding part of this Contract. Without limiting the generality of any other term or provision of this Contract, in the event the Authority, or a state or federal agency finds that the Contractor or any of its subcontractors or vendors has not complied with these “Non- Discrimination Requirements”, the Authority may cancel, terminate, or suspend this Contract in accordance with Section 14 of these Standard Terms and Conditions entitled “Termination.”

C. Vendor agrees to cooperate fully with the Authority’s investigation of allegations of discrimination. Cooperation includes, but is not limited to, allowing the Authority to question employees during the investigation of allegations of discrimination, and complying with directives that the Authority or the State or Federal government deem essential to ensure compliance with these “Non-Discrimination Requirements.”

18. CODE OF ETHICS FOR PORT AUTHORITY/PATH VENDORS

The Port Authority/PATH has adopted a Code of Ethics for Port Authority Vendors (the “Code”). The Code is hereby made a part of this Agreement. The Code can be found at https://www.panynj.gov/business-opportunities/become-vendor.html.

19. CONFLICT OF TERMS AND CONDITIONS

In the event of any conflict between these "warehouse requirement contract terms and conditions" and the terms and conditions on the "Request for Quotation" form, these standard terms and conditions shall prevail.

20. PURCHASE BY OTHER GOVERNMENT AGENCIES

Upon such request, vendors who are awarded contracts are encouraged to extend the terms and conditions of these contracts under separate agreement to other government and quasi-governmental entities.

https://www.panynj.gov/business-opportunities/become-vendor.html

21. ATTACHMENT I -A - Certified Environmentally Preferable Products/Practices

Attached.

ATTACHMENT I -A - Certified Environmentally Preferable Products/Practices

Bidder Name: Date:

In line with the Port Authority of New York and New Jersey’s (The “Port Authority”) efforts to promote products and practices which reduce the Port Authority’s impact on the environment and human health, Bidders are encouraged to provide information regarding their environmentally preferable/sustainable business practices as they relate to this contract wherever possible. Bidders are requested to complete this form and submit it with their response, if appropriate. Bidders are requested to submit appropriate documentation to support the items for which the Bidder indicates a “Yes” and present this documentation in the proper sequence of this Attachment.

1. Packaging Has the Bidder implemented any of the following environmental initiatives? (A checkmark indicates, “Yes”) ____ Use of corrugated materials that exceed the required minimum EPA recommended post-consumer recycled content ____ Use of other…