8656_25717_16-X-23994RFP.pdf

Request for Proposal 16-X-23994 For: Solid Waste Collection –

Statewide (T2665)

Event Date Time

Bidder’s Electronic Question Due Date (Refer to RFP Section 1.3.1 for more information.) 7/17/15 5:00 PM

Mandatory Pre-Proposal Conference (Refer to RFP Section 1.3.6 for more information.) Not Applicable Not

Applicable

Mandatory Site Visit (Refer to RFP Section 1.3.5 for more information.)

Not Applicable

Not Applicable

Proposal Submission Date (Refer to RFP Section 1.3.2 for more information.) 8/13/15 2:00 PM

Dates are subject to change. All changes will be reflected in Addenda to the RFP posted on the Division of Purchase and Property website.

Small Business Set-Aside

Status Not Applicable

Entire Contract

Partial Contract

Subcontracting Only

Category

I

II

III

RFP Issued By Using Agencies

State of New Jersey State of New Jersey Department of the Treasury Cooperative Purchasing Members Division of Purchase and Property Trenton, New Jersey 08625-0230

Date: 6/30/2015

Table of Contents

1.0 INFORMATION FOR BIDDERS

1.1 PURPOSE AND INTENT

1.2 BACKGROUND

1.3 KEY EVENTS

1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD

1.3.2 SUBMISSION OF PROPOSAL

1.3.3 ELECTRONIC BIDDING (EBID)

1.3.4 ELECTRONIC SIGNATURES

1.3.5 MANDATORY/OPTIONAL SITE VISIT

1.3.6 MANDATORY/OPTIONAL PRE-PROPOSAL CONFERENCE

1.4 ADDITIONAL INFORMATION

1.4.1 ADDENDA: REVISIONS TO THIS RFP

1.4.2 BIDDER RESPONSIBILITY

1.4.3 COST LIABILITY

1.4.4 CONTENTS OF PROPOSAL

1.4.5 PROPOSAL SUBMISSION

1.4.6 PRICE ALTERATION IN HARD COPY PROPOSALS

1.4.7 PROPOSAL ERRORS

1.4.8 JOINT VENTURE

1.4.9 RECIPROCITY FOR JURISDICTIONAL BIDDER PREFERENCE

1.4.10 PROPOSAL ACCEPTANCES AND REJECTIONS

2.0 DEFINITIONS

2.1 GENERAL DEFINITIONS

2.2 CONTRACT SPECIFIC DEFINITIONS

3.0 SCOPE OF WORK

3.1 GENERAL DEFINITION

3.2 CONTRACTOR REQUIREMENTS

3.2.1 CONSULTATION AND PROCEDURES

3.2.2 EQUIPMENT AND SUPPLIES

3.2.3 CONTRACTOR PERSONNEL AND OPERATIONS

3.2.4 FREQUENCY OF PICK-UP & EFFICIENCY

3.2.5 HAULING AND DISPOSAL

3.2.6 SITE CLEAN UP

3.2.7 HOLIDAYS

3.2.8 INCLEMENT WEATHER

3.2.9 SECURITY

3.2.10 TIME(S) OF SERVICE

3.2.11 CLEAN FUEL TECHNOLOGY

3.2.12 PICK-UP RECEIPTS AND BILLING

3.3 LICENSING AND PERMIT REQUIREMENTS

4.0 PROPOSAL PREPARATION AND SUBMISSION

4.1 GENERAL

4.2 PROPOSAL DELIVERY AND IDENTIFICATION

4.3 EBID VS. NON-EBID SUBMISSION INSTRUCTION

4.3.1 EBID SUBMISSION OF PROPOSAL

4.3.2 NON-EBID SUBMISSION

4.4 PROPOSAL CONTENT

4.4.1 FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH PROPOSAL

4.4.2 FORMS REQUIRED BEFORE CONTRACT AWARD AND THAT SHOULD BE SUBMITTED WITH THE PROPOSAL

4.4.3 SUBMITTALS

4.4.4 FINANCIAL CAPABILITY OF THE BIDDER

4.4.5 PRICE SCHEDULE/SHEET

4.4.6 COOPERATIVE PURCHASING

4.4.7 PRICE SHEETING INSTRUCTIONS

5.0 SPECIAL CONTRACTUAL TERMS AND CONDITIONS

5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS

5.2 CONTRACT TERM AND EXTENSION OPTION

5.3 CONTRACT TRANSITION

5.4 CONTRACT AMENDMENT

5.5 CONTRACTOR RESPONSIBILITIES

5.6 SUBSTITUTION OF STAFF

5.7 SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)

5.8 OWNERSHIP OF MATERIAL

5.9 SECURITY AND CONFIDENTIALITY

5.10 NEWS RELEASES

5.11 ADVERTISING

5.12 LICENSES AND PERMITS

5.13 CLAIMS AND REMEDIES

5.13.1 CLAIMS

5.13.2 REMEDIES

5.13.3 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS

5.14 LATE DELIVERY

5.15 RETAINAGE

5.16 ADDITIONAL WORK AND/OR SPECIAL PROJECTS

5.17 CONTRACT ACTIVITY REPORT

5.18 ELECTRONIC PAYMENTS

5.19 PROGRAM EFFICIENCY ASSESSMENT

6.0 PROPOSAL EVALUATION

6.1 RIGHT TO WAIVE

6.2 DIRECTOR’S RIGHT OF FINAL PROPOSAL ACCEPTANCE

6.3 STATE'S RIGHT TO INSPECT BIDDER'S FACILITIES

6.4 STATE'S RIGHT TO REQUEST FURTHER INFORMATION

6.5 ORAL PRESENTATION AND/OR CLARIFICATION OF PROPOSAL

6.6 EVALUATION CRITERIA

6.6.1 PROPOSAL DISCREPANCIES

6.7 NEGOTIATION AND BEST AND FINAL OFFER (BAFO)

6.8 COMPLAINTS

7.0 CONTRACT AWARD

7.1 DOCUMENTS REQUIRED BEFORE CONTRACT AWARD

7.1.1 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) AND EXECUTIVE ORDER NO. 117 (2008)

7.1.2 SOURCE DISCLOSURE REQUIREMENTS

7.1.3 AFFIRMATIVE ACTION

7.1.4 BUSINESS REGISTRATION

7.2 FINAL CONTRACT AWARD

7.3 INSURANCE CERTIFICATES

7.4 PERFORMANCE SECURITY

8.0 CONTRACT ADMINISTRATION

8.1 CONTRACT MANAGER

8.1.1 STATE CONTRACT MANAGER RESPONSIBILITIES

8.1.2 COORDINATION WITH THE STATE CONTRACT MANAGER

1.0 INFORMATION FOR BIDDERS

1.1 PURPOSE AND INTENT

This Request for Proposal (RFP) is issued by the Procurement Bureau, Division of Purchase and Property, Department of the Treasury on behalf of All State Agencies and Cooperative Purchasing partners. The purpose of this RFP is to solicit proposals for solid waste collection and disposal in all twenty-one (21) counties of the State of New Jersey. For the purposes of this contract, the State will be divided into regions defined as the twenty-one (21) State counties. The State intends to award multiple Contractors per County, with a minimum of three (3) Contractors per County

The intent of this RFP is to award contracts to those responsible Bidders whose proposals, conforming to this RFP are most advantageous to the State, price and other factors considered.

The State, however, reserves the right to separately procure individual requirements that are the subject of the contract during the contract term, when deemed by the Director to be in the State’s best interest.

The State of NJ Standard Terms and Conditions will apply to all contracts or purchase agreements made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this RFP and should be read in conjunction with them unless the RFP specifically indicates otherwise.

The State intends to extend the contracts awarded to the Division's cooperative purchasing partners. These partners include quasi-state agencies, counties, municipalities, school districts, volunteer fire departments, first aid squads, independent institutions of higher learning, County colleges and State colleges. In order for the State contract to be extended to cooperative purchasing partners, the Bidder must agree to the extension by executing the Cooperative Purchase Form attached to this RFP. Also refer to Section 4.4.6 of this RFP. Although the State, with the assent of the vendor(s), is making the use of any contract resulting from this RFP available to non-State Agencies, the State makes no representation as to the acceptability of any State RFP terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation.

1.2 BACKGROUND

This is a reprocurement of the Refuse Hauling Services and Container Rental - Statewide term contract, presently due to expire on 9/13/15. Bidders interested in the current contract specifications and pricing information may review the current contract T-2665 at http://www.state.nj.us/treasury/purchase/pricelists.shtml.

1.3 KEY EVENTS

1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Bidders via the web at http://ebid.nj.gov/QA.aspx.

• Questions should be directly tied to the RFP and asked in consecutive order, from beginning to end, following the organization of the RFP.

• Each question should begin by referencing the RFP page number and section number to which it relates.

Note: Questions regarding the State of NJ Standard Terms and Conditions and exceptions to mandatory requirements must be posed during this Electronic Question and Answer period and should contain the Bidder’s suggested changes, and the reason for the requested change.

A Bidder must not contact the Using Agency directly, in person, by telephone or by e-mail, concerning this RFP.

The cut-off date for electronic questions and inquiries relating to this RFP is indicated on the cover sheet. Addenda to this RFP, if any, will be posted on the Division’s website after the cut-off date. (See RFP Section 1.4.1 for further information.)

1.3.2 SUBMISSION OF PROPOSAL

In order to be considered for award, the proposal must be received by the Procurement Bureau of the Division of Purchase and Property at the appropriate location by the required time. ANY

PROPOSAL NOT RECEIVED ON TIME AT THE LOCATION INDICATED BELOW WILL BE

REJECTED. THE DATE AND TIME ARE INDICATED ON THE COVER SHEET. THE

LOCATION IS AS FOLLOWS:

PROPOSAL RECEIVING ROOM – 9TH FLOOR

PROCUREMENT BUREAU

DIVISION OF PURCHASE AND PROPERTY

DEPARTMENT OF THE TREASURY

33 WEST STATE STREET, P.O. BOX 230

TRENTON, NJ 08625-0230

Directions to the Division are available on the web at http://www.state.nj.us/treasury/purchase/directions.shtml.

Note: Bidders using U.S. Postal Service regular or express mail services should allow additional time since the U.S. Postal Service does not deliver directly to the Procurement Bureau.

Procedural inquiries concerning this RFP may be directed to RFP.procedures@treas.state.nj.us.

This e-mail address also may be used to submit requests to review proposal documents. The State will not respond to substantive questions related to the RFP or any other contract via this e-mail address.

To submit an RFP or Contract related question, go to the Current Bidding Opportunities webpage or to http://eBid.nj.gov/QA.aspx.

1.3.3 ELECTRONIC BIDDING (EBID)

This RFP provides to the Bidder the opportunity to electronically submit its proposal. An electronic bidding – “eBid” – application is available to Bidders to promote an easier, more efficient method to submit proposals.

On-line Electronic Proposal Training Sessions:

Online electronic proposal training for the eBid process is available on the web at https://wwwnet1.state.nj.us/treasury/dpp/ebid/. The Bidder is strongly encouraged to utilize the on-line training session before attempting to submit an eBid. It will be the Bidder’s responsibility to ensure that the eBid has been properly submitted.

1.3.4 ELECTRONIC SIGNATURES

Bidders submitting proposals through the eBid system may sign the following forms 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 the eBid system:

• Ownership Disclosure Form;

• Disclosure of Investigations and Other Actions Involving Bidder Form; and

• Disclosure of Investment Activities in Iran Form

This practice applies only to proposals submitted through the eBid system and the forms listed above. Both electronic signatures and scanned physical signatures will be accepted, provided that the forms are otherwise properly completed.

1.3.5 MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

1.3.6 MANDATORY/OPTIONAL PRE-PROPOSAL CONFERENCE

Not applicable to this procurement.

1.4 ADDITIONAL INFORMATION

1.4.1 ADDENDA: REVISIONS TO THIS RFP

In the event that it becomes necessary to clarify or revise this RFP, such clarification or revision will be by addendum. Any addendum to this RFP will become part of this RFP and part of any contract awarded as a result of this RFP.

ALL RFP ADDENDA WILL BE ISSUED ON THE DIVISION OF PURCHASE AND PROPERTY

WEB SITE. TO ACCESS ADDENDA, THE BIDDER MUST SELECT THE PROPOSAL

NUMBER ON THE WEB PAGE AT

http://www.state.nj.us/treasury/purchase/bid/summary/bid.shtml.

There are no designated dates for release of addenda. Therefore interested Bidders should check the Division’s "Bidding Opportunities" website on a daily basis from time of RFP issuance through the proposal submission opening.

It is the sole responsibility of the Bidder to be knowledgeable of all addenda related to this procurement.

1.4.2 BIDDER RESPONSIBILITY

The Bidder assumes sole responsibility for the complete effort required in submitting a proposal in response to this RFP. No special consideration will be given after proposals are opened because of a Bidder's failure to be knowledgeable as to all of the requirements of this RFP.

1.4.3 COST LIABILITY

The State assumes no responsibility and bears no liability for costs incurred by a Bidder in the preparation and submittal of a proposal in response to this RFP.

1.4.4 CONTENTS OF PROPOSAL

Your proposal can be released to the public during the protest period established pursuant to N.J.A.C. 17:12-3.3, or under the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., (OPRA) or the common law right to know. As provided in N.J.A.C. 17:12-1.2(b):

Subsequent to the proposal submission opening, all information submitted by Bidders in response to a solicitation is considered public information, notwithstanding any disclaimers to the contrary submitted by a Bidder, except as may be exempted from public disclosure by OPRA and the common law.

Any proprietary and/or confidential information in your proposal will be redacted by the State. A Bidder may designate specific information as not subject to disclosure pursuant to the exceptions to OPRA found at N.J.S.A. 47:1A-1.1, when the Bidder has a good faith legal and or factual basis for such assertion. The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the Bidder accordingly. The location in the proposal of any such designation should be clearly stated in a cover letter. The State will not honor any attempt by a Bidder to designate its entire proposal as proprietary, confidential and/or to claim copyright protection for its entire proposal. In the event of any challenge to the Bidder’s assertion of confidentiality with which the State does not concur, the Bidder shall be solely responsible for defending its designation.

By signing the cover sheet of this RFP, the Bidder waives any claims of copyright protection set forth within the manufacturer's price list and/or catalogs. The price lists and/or catalogs must be accessible to State using agencies and cooperative purchasing partners and thus have to be made public to allow all eligible purchasing entities access to the pricing information.

1.4.5 PROPOSAL SUBMISSION

On the date and time proposals are due under the RFP, all information concerning the proposals submitted may be publicly announced and those proposals, except for information appropriately designated as proprietary and/or confidential, shall be available for inspection and copying. In those cases where negotiation is contemplated, only the names and addresses of the Bidders submitting proposals will be announced and the contents of the proposals shall remain proprietary and/or confidential until the Notice of Intent to Award is issued by the Director.

1.4.6 PRICE ALTERATION IN HARD COPY PROPOSALS

Proposal prices must be typed or written in ink. Any price change (including "white-outs") must be initialed. Failure to initial price changes shall preclude a contract award from being made to the Bidder.

1.4.7 PROPOSAL ERRORS

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

A Bidder may request that its proposal be withdrawn prior to the proposal submission opening.

Such request must be made, in writing, to the Supervisor of the Proposal Review Unit. If the request is granted, the Bidder may submit a revised proposal as long as the proposal is received prior to the announced date and time for proposal submission and at the place specified.

If, after the proposal submission opening but before contract award, a Bidder discovers an error in its proposal, the Bidder may make a written request to the Supervisor of the Proposal Review Unit for authorization to withdraw its proposal from consideration for award. Evidence of the Bidder’s good faith in making this request shall be used in making the determination. The factors that will be considered are that the mistake is so significant that to enforce the contract resulting from the proposal would be unconscionable; that the mistake relates to a material feature of the contract; that the mistake occurred notwithstanding the Bidder’s exercise of reasonable care;

and that the State will not be significantly prejudiced by granting the withdrawal of the proposal.

After the proposal submission opening, while pursuant to the provisions of this section, you may request to withdraw your proposal and the Director may, in her discretion allow you to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Bidder and take those prior requests to withdraw into consideration when evaluating the Bidder’s future bids or proposals.

All proposal withdrawal requests must include the proposal identification number and the final proposal submission date and be sent to the following address:

Department of the Treasury Procurement Bureau PO Box 230 33 West State Street – 9th Floor Trenton, New Jersey 08625-0230 Attention: Supervisor, Proposal Review Unit

If during a proposal evaluation process, an obvious pricing error made by a potential contract awardee is found, the Director shall issue written notice to the Bidder. The Bidder will have five

(5) days after receipt of the notice to confirm its pricing. If the vendor fails to respond, its proposal shall be considered withdrawn, and no further consideration shall be given it.

If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing other than a disparity between the unit price and extended price and the Bidder’s intention is not readily discernible from other parts of the proposal, the Director may seek clarification from the Bidder to ascertain the true intent of the proposal.

1.4.8 JOINT VENTURE

If a joint venture is submitting a proposal, the agreement between the parties relating to such joint venture should be submitted with the joint venture’s proposal. Authorized signatories from each party comprising the joint venture must sign the proposal. A separate Ownership Disclosure Form, Disclosure of Investigations and Actions Involving Bidder form, Disclosure of Investment Activities in Iran form, and Affirmative Action Employee Information Report must be supplied for each party to a joint venture. NOTE: Each party comprising the joint venture must also possess a valid Business Registration Certificate (“BRC”) issued by the Department of the Treasury, Division of Revenue and Enterprise Services prior to the award of a contract. Refer to Section 4.4.2.1 of this RFP.

1.4.9 RECIPROCITY FOR JURISDICTIONAL 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 Bidder whose state or locality maintains a preference practice for its Bidders. For states having preference laws, regulations, or practices, New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Purchasing Officials, or the National Institute of Governmental Purchasing to invoke reciprocal actions. The State may obtain additional information as it deems appropriate to supplement the stated survey information.

The Bidder may submit information related to preference practices enacted for a local entity outside the State of New Jersey. This information may be submitted in writing as part of the 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 Bidder, etc. It is the responsibility of the Bidder to provide documentation with the proposal or submit it to the Director, Division of Purchase and Property within five (5) working days of the public proposal submission date. Written evidence for a specific procurement that is not provided to the Director within five (5) working days of the public proposal submission date will not be considered in the evaluation of that procurement, but will be retained and considered in the evaluation of subsequent procurements.

1.4.10 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 proposal and N.J.A.C. 17:12-2.2 which defines causes for proposal rejection, apply to all proposals. In addition, pursuant to N.J.S.A. 52:34-12, the Director retains the right to reject all proposals if it is in the public interest.

2.0 DEFINITIONS

2.1 GENERAL DEFINITIONS

The following definitions will be part of any contract awarded or order placed as result of this RFP.

Addendum – Written clarification or revision to this RFP issued by the Division of Purchase and Property.

All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: 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.

Amendment – An alteration or modification of the terms of a contract between the State and the Contractor(s). An amendment is not effective until approved in writing by the Director or Deputy Director, Division of Purchase and Property.

Bidder – An individual or business entity submitting a proposal in response to this RFP.

Contract – This RFP, any addendum to this RFP, and the Bidder’s proposal submitted in response to this RFP, as accepted by the State.

Contractor – The Bidder awarded a contract resulting from this RFP.

Director – Director, Division of Purchase and Property, Department of the Treasury. By statutory authority, the Director is the chief contracting officer for the State of New Jersey.

Division – The Division of Purchase and Property.

Evaluation Committee – A committee established or Division staff member assigned by the Director to review and evaluate proposals submitted in response to this RFP and to recommend a 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. No additional fees or costs shall be paid by the State unless there is a change in the scope of work.

Joint Venture – A business undertaking by two or more entities to share risk and responsibility for a specific project.

May – Denotes that which is permissible, not mandatory.

Project – The undertaking or services that are the subject of this RFP.

Request for Proposal (RFP) – This document which establishes the bidding and contract requirements and solicits proposals to meet the purchase needs of the using Agencies as identified herein.

Shall or Must – Denotes that which is a mandatory requirement. Failure to meet a mandatory material requirement will result in the rejection of a proposal as non-responsive.

Should – Denotes that which is 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 of the three following categories:

(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).

State – State of New Jersey.

State Contract Manager – The individual responsible for the approval of all deliverables, i.e., tasks, sub-tasks or other work elements in the Scope of Work, as set forth in Sections 8.1, 8.1.1 and 8.1.2.

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

Subcontractor – An entity having an arrangement with a State contractor, where by the State contractor uses the products and/or services of that entity to fulfill some of its obligations under its State contract, while retaining full responsibility for the performance of all of its [the Contractor's] obligations under the contract, including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Contractor.

Task – A discrete unit of work to be performed.

Transaction - The payment or remuneration to the Contractor for services rendered or products provided to the State pursuant to the terms of the contract, including but not limited to the following: purchase orders, invoices, hourly rates, firm fixed price, commission payments, progress payments and contingency payments.

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 contract procured by the Division.

2.2 CONTRACT SPECIFIC DEFINITIONS

A-901 License – Refers to the solid waste license issued by the NJDEP to each company seeking to engage in the solid waste industry in NJ, other than self-generators, to be legally authorized to collect, broker, and/or transport solid waste or to operate a permitted solid waste facility. The A-901 review process ensures that every participant in the solid waste industry possesses the requisite integrity, reliability, expertise and competency, pursuant to N.J.S.A. 13:

1E-126 et seq. and N.J.A.C. 7:26-16.1.

Container – Any type of receptacle designed for solid waste disposal.

DEP – New Jersey Department of Environmental Protection.

Disposal Facility – A New Jersey permitted solid waste facility or a solid waste facility located outside of New Jersey that is operating under a valid permit or approval issued by that state’s regulating entity.

District Solid Waste Plan – Solid waste management plan developed by one of the State’s twenty-one (21) Solid Waste Management Districts pursuant to the New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-1 et seq.).

Secured Gate/Facility – Any facility that has a locked perimeter; may require a signature and/or identification to enter the facility. The facility may also require an escort for all services performed while on the premises.

Solid Waste – As defined by N.J.S.A 13:1E-3: Garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for source separated recyclable materials or source separated food waste collected by livestock producers approved by the State Department of Agriculture to collect, prepare and feed such wastes to livestock on their own farms.

Solid Waste Facility – Any system, site, equipment, or building; which is utilized for the storage, collection, processing, transfer, transportation, separation, recycling, recovering or disposal of solid waste; shall not include a recycling center, a regulated medical waste collection facility authorized pursuant to N.J.A.C. 7:26-3A.39, or an inter-modal container facility authorized by the DEP pursuant to N.J.A.C. 7:26-3.6.

Tipping Fee – The charge levied upon a given quantity of waste received at a waste disposing facility.

Transporter – A company engaged in the act of collecting and/or moving of solid waste off-site by road, rail, water, or air.

3.0 SCOPE OF WORK

3.1 GENERAL DEFINITION

This contract will provide solid waste container rental, hauling, and disposal services to all Using Agencies and facilities in all twenty-one (21) State counties. All equipment, labor, and materials necessary for the proper operation and functionality of these services shall be provided, maintained, and performed by the Contractor.

The Contractor shall possess the necessary licenses and permits to perform solid waste collection, transportation, and disposal. Contractors shall also provide strict compliance to all Federal, State, County, and local environmental regulations.

The Contractor shall comply with the applicable District Solid Waste Plans. Summaries of District Solid Waste Plans are set forth at the NJDEP website:

www.nj.gov/dep/dshw/recycling/03cplsum.htm

3.2 CONTRACTOR REQUIREMENTS

3.2.1 CONSULTATION AND PROCEDURES

The Using Agency will have final determination on the type, size, and number of containers provided by the Contractor. If deemed necessary, the Using Agency may request a consultation with the Contractor to determine the most efficient and economically beneficial method of solid waste collection for the Using Agency. Once determined, the Contractor shall supply the number of containers requested by the Using Agency within two (2) working days of the Using Agency’s request.

The Using Agency will determine the location(s) of the container(s). The Contractor will be shown by map and/or site visit where the container(s) must be placed. The Contractor shall remove any containers deemed surplus by the Using Agency within two (2) working days of notification. Any additional containers deemed needed by the Using Agency shall be supplied by the Contractor, at contract price, within two (2) working days of notification.

3.2.2 EQUIPMENT AND SUPPLIES

The Contractor shall furnish all equipment (excepting State owned), supplies, and labor required to provide the solid waste services as specified herein. The Contractor must be able to pick-up and transport each container at full capacity, within any and all applicable laws. Any additional pick-ups resulting from the Contractor’s inability to haul containers within legal limits shall be at the expense of the Contractor.

All containers must be in working condition and free of any damage which would hinder performance. The Using Agency reserves the right to request that a replacement container be provided if the Using Agency determines the container is below acceptable standards. The Contractor shall provide a replacement container of the same size and type within two (2) working days of Using Agency notification.

3.2.2.1 EQUIPMENT SPECIFICATIONS

A. The Using Agency will require access to specific types of compaction containers and containers configured for general solid waste collection;

B. Compaction containers shall be constructed with the following minimum, but not limited to, design features:

a. Construction of prime structural steel sheet, plate, channel, tubing, and heavy grade plastics;

b. Compactor must have the ram finish in a forward position to prevent access into the container;

c. Compactor must have a locking doghouse containment enclosure with barn door style steel doors;

d. Compactor must have a payload weight capacity of not less than ten (10) tons;

e. Compactor must have a liquid sump and the container body must be liquid tight;

f. Any liquids that bypass the ram must be drained back into the container body;

g. Compactor area behind ram must be accessible for cleaning and sanitizing;

h. Contractor shall provide for rental, if requested by the Using Agency, a complete waste compactor monitoring system as described in section 3.2.2.2; and

i. Compactor controls must be lockable to prevent unauthorized access and operation.

C. Front loader and rear loader general solid waste containers shall be constructed with the following minimum, but not limited to, design features:

a. Construction of prime structural steel sheet, plate, channel, tubing, and heavy grade plastics;

b. Caster pads with casters or bump pads as appropriate to installation requirements;

and

c. Grease fittings for all moving parts.

D. All general solid waste containers must be furnished with a tight fitting lid;

E. If requested by the Using Agency, general solid waste containers must be furnished with casters with all safety standards met for that container type;

F. All solid waste containers provided for use must have lockable lids if requested, and must be closed when leaving the facility;

G. All containers must be empty when brought to the facility. Using Agency representatives are permitted, without obstruction, to inspect all containers upon arrival to and departure from the facility without any advance notice needed; and

H. The Contractor shall provide at no additional cost; any cover, lid, or tarp for any container as requested by the Using Agency or mandated by any Federal, State, County, or local regulations.

3.2.2.2 WASTE COMPACTOR MONITORING SYSTEM

Using Agencies shall have the option to request a waste compactor monitoring system for an additional rental fee. The waste compactor monitoring system shall be a monthly fee that is separate from the compactor and is represented as such in the pricing sheet.

All maintenance, labor, repair, and replacement of the waste compactor monitoring system is the responsibility of the Contractor; these and all other costs related to the waste compactor monitoring system are to be covered by the monthly rental fee.

The monitoring gauge is to be considered a part of the waste compactor monitoring system. All costs associated with the monitoring gauge shall be covered by the waste compactor monitoring system monthly rental fee.

Compactors and roll-offs shall be scheduled on an on call basis or when electronically alerted from the monitoring system that the unit is in excess of 80% capacity, unless requested otherwise by the Using Agency.

The waste compactor monitoring system shall include, but is not limited to, the following minimum specifications:

A. If deemed necessary by the Using Agency due to no phone lines present in the area of the compactor, the system must operate on a wireless connection;

B. The system must have a remote programmable ‘Full’ call-out level using hydraulic pressure exclusively;

C. Compactor information must be available on an internet-based compactor monitoring site and must display the status of the compactor container(s). The system must provide the following:

a. Secure password access to compactor data on any standard web browser;

b. Automatically provide pick-up notification via e-mail. Pickup requests will only be made when the container has reached the designated fullness level;

c. Interactive capability to change full and empty pick-up pressure settings along with required consecutive pressure readings to determine full and empty status;

d. The website shall provide two (2) updates per day including current status of compactor fullness level, hauler pick-up dates and times, list of compactors in need of emptying, and verification of compactors which have been emptied; and

e. The website shall provide screen reports which are able to be sorted by compactor site, region, hauler, and account. Reports must have the ability to be downloaded into programs such as Microsoft Excel.

D. The website shall have the ability to analyze compactor performance and maintenance needs throughout the term of the contract; and

E. The waste compactor monitoring system shall also include the following minimum or better features:

a. Digital pressure transducer with snubber (hydraulic surge protector);

b. Built-in board level PC;

c. Built-in RS232 port;

d. Programmable spare inputs and outputs;

e. Power filter with surge protection;

f. On-board LED status lights;

g. Non-volatile memory to prevent any data loss, in case of power failure;

h. For disaster and power outages the system shall have redundancy in place to guard the primary system from failure;

i. Reconnect feature to ensure that calls go through;

j. System intelligence to eliminate false ‘FULL’ readings caused by jams and temporary pressure surges;

k. Operate on 120 VAC, 60 HZ, and ½ AMP;

l. Operate in temperatures ranging from -40F to +140F degrees;

m. Operate with a standard line with an RJ-11 jack or wireless connection;

n. Be enclosed in a NEMA weatherproof steel enclosure with hasp for locking;

o. The system shall have safety listings such as Electrical Testing Laboratories

(E.T.L.) or Underwriters Laboratories (U.L.) safety rating; and

p. LED affixed to monitor enclosure which will light to indicate that a ‘FULL’ report has been generated and sent to the designated e-mail recipient(s).

3.2.2.3 EQUIPMENT MAINTENANCE

The Contractor shall provide preventative maintenance and all necessary repairs to maintain the rental equipment in a fully operational condition. All costs due to maintenance or repairs shall be the responsibility of the Contractor; this includes, but is not limited to, parts, labor, shipping, and travel.

The Contractor shall clean and disinfect any food solid waste containers and surrounding areas to prevent contamination and odors. This service shall be performed on an as needed basis to be determined by the Using Agency. The Contractor is responsible for keeping all containers clean and in good repair.

Damaged containers and container parts must be repaired or replaced by the Contractor within five (5) working days or upon request by the Using Agency. If a container is estimated to be out of service for more than eight (8) hours, the Contractor shall provide sufficient replacement container units until such time as the container can be repaired.

If a compactor malfunctions and is estimated to be out of service for more than eight (8) hours, the Contractor shall provide sufficient front loader general solid waste container units to accommodate the waste stream until such time as the compactor can be repaired. The charge for these emergency placement units shall be at the same contract rate awarded to the Contractor for that size and type of unit. If the compactor cannot be repaired to a fully functional status within five (5) days of notification by the Using Agency, the Contractor shall replace the compactor at no additional cost to the State.

The maintenance and repair of State owned equipment falls outside the scope of this contract.

3.2.3 CONTRACTOR PERSONNEL AND OPERATIONS

All Contractor activity associated with the services provided in this contract shall be performed during normal work hours, unless otherwise authorized by the Using Agency.

The Contractor must ensure that when non-English speaking crews are utilized that at least one crew supervisor is fluent in the English language.

The Contractor shall supervise and direct all work related to solid waste collection, transportation, and disposal; while ensuring that skilled and trained labor, as well as the proper equipment, are assigned for all tasks. Safety of the Contractor’s personnel and equipment is the responsibility of the Contractor. The Contractor shall designate in writing to the Using Agency the individual responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work to be performed in this contract.

The Contractor and all personnel shall comply with all Federal, State, County, and local safety and health protection codes, laws, ordinances, rules, and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss.

The Contractor shall comply with the Federal Occupational Safety and Health Act of 1970 (“OSHA”) and all of the rules and regulations promulgated therein.

3.2.4 FREQUENCY OF PICK-UP & EFFICIENCY

Frequency of pick-up shall be determined at the discretion of the Using Agency. The Using Agency may request scheduled pre-set container pick-ups, pick-ups on an on-call basis, or a combination of both. The Contractor shall meet the requested pick-up frequency of the Using Agency.

Additional pick-up and disposal services requested by the Using Agency shall be supplied within twenty-four (24) hours after receipt of order or as mutually agreed upon by the Using Agency and the Contractor. In the event of a facility emergency, the Contractor shall provide equipment and disposal services within twenty-four (24) hours of notification.

Compactors under the monitoring of a waste compactor monitoring system shall be at or above eighty percent (80%) capacity when picked up.

If the Using Agency finds that containers and compactors are not being utilized to maximize efficiency and minimize cost they shall consult with the Contractor who then may suggest changes in placement, number, or size of the compactors or roll-offs in question.

3.2.5 HAULING AND DISPOSAL

The Contractor shall provide hauling and disposal services of solid waste for the facilities to which they are awarded in this contract. The Contractor shall not use any part of the facility for dumping solid waste. The Contractor will be required to provide disposal for all facility solid waste collected in an approved solid waste disposal facility. Contractor collection, transport, and disposal operations and procedures must be in compliance with all applicable regulations of the New Jersey Department of Environmental Protection, local County Solid Waste Management District, and local County Health Department.

3.2.6 SITE CLEAN UP

The Contractor shall clean up any spillage, loose bags, or loose trash that may be around the container or may result when emptying the trash container. The Contractor is responsible to rake or sweep areas if necessary to remove all debris. The Contractor shall carry rakes and brooms on trucks at all times. All container lids must be closed subsequent to solid waste removal.

3.2.7 HOLIDAYS

Should any services provided in this contract coincide with a State holiday, the pick-up of solid waste shall be accomplished during the next normal workday.

The following holidays are recognized by the State:

New Year’s Day Labor Day Martin Luther King Jr. Day Columbus Day Presidents Day Election Day Good Friday Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

These recognized holidays are subject to change based upon Legislative approval. Should a holiday fall on a weekend, the day designated by the State shall be recognized as the holiday.

3.2.8 INCLEMENT WEATHER

In the case of snow or other severe weather conditions that prevent scheduled solid waste pick-up, the pick-up shall be accomplished during the next normal workday. The Using Agency will provide clear access to each solid waste container; there will be no extra charge permitted by the Contractor for snow shoveling or making a path to snow-blocked containers.

3.2.9 SECURITY

The Contractor shall comply with any and all security policies and procedures at a secured facility during the performance of services in this contract. Contractor employees may be subject to search when entering and leaving the secured facility. The Using Agency, at its sole discretion, may provide a staff employee for escort with the Contractor and its vehicle(s) to all areas requiring service.

When a Contractor vehicle is parked inside a secured perimeter, the Contractor shall remove the keys from the ignition and secure the steering wheel with an anti-theft device. The Contractor shall limit the time spent within a secured facility to the minimum amount of time required to perform the necessary services of this contract.

In the event of escape, lockdown, or any other unforeseeable incident(s), the Contractor may be asked to return at a later time. Additionally, the Contractor may be detained if an unforeseeable incident occurs while the Contractor is within the facility perimeter. The State is not responsible for any additional charges resulting from such rescheduling or detainment of the Contractor, its representatives, or its equipment.

3.2.10 TIME(S) OF SERVICE

Due to the security measures required at some secured facilities, timeframes for service may be predetermined by the Using Agency and cannot be altered by the Contractor without the approval of the Using Agency. In the instance(s) that the timeframe cannot be altered, the Contractor agrees to accommodate these facilities. Any change or deviation to designated times is at the discretion of the Using Agency and no additional charge may be assessed to the State.

3.2.11 CLEAN FUEL TECHNOLOGY

When available and to lower carbon emissions, vehicles used for solid waste hauling should utilize clean fuel technology. The Contractor should make every effort to incorporate this technology as it becomes available.

3.2.12 PICK-UP RECEIPTS AND BILLING

The Contractor shall provide the Using Agency with a signed receipt of the pick-up ticket for each container. The Contractor shall provide the Using Agency with emailed receipt of pick-up tickets if requested by the Using Agency.

All invoices for collection shall be accompanied by a spreadsheet in Microsoft Excel format to include the following: Date of invoice, facility serviced, County, weight, weight slip number, the period of time for which service was rendered, container size, number of containers, haul fee, waste type, name and address of disposal facility, tipping fee base rate, taxes, host benefits and host community, miscellaneous charges and total charge.

3.3 LICENSING AND PERMIT REQUIREMENTS

The Contractor must be duly licensed to perform all work in accordance with New Jersey statutory requirements. The Contractor shall be responsible for determining and obtaining the necessary permits, licenses and/or approvals necessary to complete the work and shall make these available to the State Contract Manager(s) prior to commencing work.

The necessary permits shall include, without limitation, an A-901 (solid waste) license pursuant to the requirements of N.J.S.A. 13:1E-128, 133, and 135; as well as a Certificate of Public Convenience and Necessity (CPCN) pursuant to N.J.S.A. 48:13A-6.2. Contractor’s use of only A- 901 licensed subcontractors is not sufficient to fulfill the Contractor’s obligation to hold an A-901 license. The Contractor shall maintain in force for the duration of the contract an A-901 license, and a Certificate of Public Convenience and Necessity.

The Contractor shall be responsible for correcting conditions that are the subject of any notices of violations or other enforcement action issues as a result of the Contractor or subcontractor’s actions, or inactions, or operations during the performance of this contract. Corrections for any such violations shall be at no additional cost to the State.

NJDEP Authority: A-901 Law – Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and N.J.A.C. 7:26-16.1; and CPCN - Solid Waste Utility Control Act, N.J.S.A. 48:13A-1 and N.J.A.C.

7:26H-1.1. The rules are found at www.state.nj.us/dep/dshw/resource/rules.htm

4.0 PROPOSAL PREPARATION AND SUBMISSION

4.1 GENERAL

Proposals including supplemental terms and conditions may be accepted, but supplemental terms or conditions that conflict with those contained in this RFP or the State's NJ Standard Terms and Conditions (“RFP/SSTC”), as may be amended by addenda, or that diminish the State’s rights under any contract resulting from the RFP will be considered null and void. The State is not responsible for identifying conflicting supplemental terms and conditions before issuing a contract award. In the event that prior to notice of intent to award, the Division notifies the Bidder of any such term or condition and the conflict it poses, the Division may require the Bidder to either withdraw it or withdraw its proposal. After award of contract:

a) If conflict arises between a supplemental term or condition included in the proposal and a term or condition of the RFP/SSTC, the term or condition of the RFP/SSTC will prevail;

and

b) If the result of the application of a supplemental term or condition included in the proposal would diminish the State’s rights, the supplemental term or condition will be considered null and void.

The Bidder is advised to thoroughly read and follow all instructions contained in this RFP, including the instructions on the RFP’s signatory page, in preparing and submitting its proposal.

Use of URLs in a proposal should be kept to a minimum and may not be used to satisfy any material term of an RFP. If a preprinted or other document included as part of the proposal contains a URL, a printed (or if a proposal is submitted electronically, electronic) copy of the URL page shall be provided and will be considered as part of the proposal. Additional URLs on the copy of the URL page shall not be considered as part of the proposal unless a copy of those URL pages are also provided.

The forms discussed herein and required for submission of a proposal in response to this RFP are available on the web at http://www.state.nj.us/treasury/purchase/bid/summary/16x23994.shtml unless noted otherwise.

4.2 PROPOSAL DELIVERY AND IDENTIFICATION

In order to be considered, a proposal must arrive at the Division in accordance with the instructions on the RFP signatory page accompanying this RFP. Bidders are cautioned to allow adequate delivery time to ensure timely delivery of proposals. State regulation mandates that late proposals are ineligible for consideration. THE EXTERIOR OF ALL PROPOSAL

PACKAGES ARE TO BE LABELED WITH THE PROPOSAL IDENTIFICATION NUMBER AND

THE FINAL PROPOSAL SUBMISSION DATE OR RISK NOT BEING RECEIVED IN TIME.

4.3 EBID VS. NON-EBID SUBMISSION INSTRUCTION

4.3.1 EBID SUBMISSION OF PROPOSAL

If the Bidder is submitting an eBid proposal, hard copy submission is not required. Instructions detailing how to enroll in and submit an eBid are available on the web at https://wwwnet1.state.nj.us/treasury/dpp/ebid/. If the Bidder submits both an eBid and a hard copy of the Bidder's proposal, the eBid proposal will prevail in the event of a discrepancy between the electronic and paper versions.

When submitting an eBid, do not use any symbols (i.e., #, @, #, &, *) in the filename.

4.3.2 NON-EBID SUBMISSION

The Bidder must submit the following proposal copies:

One (1) complete ORIGINAL proposal, clearly marked as the “ORIGINAL” proposal.

Two (2) complete and exact copies, clearly marked "COPY".

One (1) unbound, complete and exact copy of the original, clearly marked "COPY”.

Copies are necessary in the evaluation of the proposal and for record retention purposes.