AB2025-17 ON-SITE DENTAL SERVICES FOR MC CORRECTION CENTER.pdf

County of Mercer McDade Administration Building, 640 South Broad Street, Trenton, NJ 08650-0068

ON-SITE DENTAL SERVICES AT THE MERCER COUNTY CORRECTIONAL FACILITY

FOR A PERIOD OF ONE (1) YEAR WITH AN OPTION TO EXTEND ONE (1) YEAR

To Be Received On

June 24, 2025, at 11:30 A.M.

Prepared By:

Department of Purchasing

AB2025-17

COUNTY OF MERCER

BIDDER’S DOCUMENT CHECKLIST

Please initial on the lines below for each document/section attesting to the fact that you have read and/or included the documents with your bid.

Required

With Bid

SUBMISSION REQUIREMENT ( IF CHECKED) Read, Signed

& Submitted Respondent’s

Initial

A. FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE FOR REJECTION OF BID

Statement of Ownership

Acknowledgement of Receipt of Addenda

B. SUBMIT DOCUMENTS AT TIME OF BID RESPONSE DUE DATE; REQUIRED NO LATER THAN TIME PERIOD

INDICATED

Proof of Business Registration - New Jersey Business Registration Certificate(REQUIRED PRIOR TO

CONTRACT AWARD)

Proof of Licensure

Required Evidence EEO/Affirmative Action Regulations Certificate or Questionnaire- Submit Copy of State Certificate of Employee Information Report(REQUIRED PRIOR TO CONTRACT

AWARD)

Proposal Cost Form/Signature Page

Disclosure of Investment Activities in Iran Form (REQUIRED PRIOR TO CONTRACT AWARD)

Certification of Non-Involvement in Prohibited Activities in Russia or Belarus (REQUIRED PRIOR TO

CONTRACT AWARD)

Signed Insurance and Indemnification Requirements

Signed Continuity of Operation during Emergencies

Exceptions

C. READ ONLY

Americans With Disabilities Act of 1990 Language

Sexual Harassment Guidelines

This checklist is provided for the bidder’s use in assuring compliance with required documentation;

however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Name of Respondent: Date:

By Authorized Representative:

Signature:

Print Name & Title:

NOTICE TO BIDDERS

Notice is hereby given that on June 24, 2025 at 11:30 A.M. (Prevailing time), electronically sealed bids will be opened and conducted in electronic platform in accord with N.J.A.C. 5:34-1 et. Seq., on BidNet Direct at https://www.bidnetdirect.com/new-jersey/mercercounty at which time and place the sealed bids will be opened publicly and read via live-stream by the Purchasing Agent in the Mercer County McDade Administration

Building, 640 South Broad Street, Room 321 Third Floor, Trenton, New Jersey for:

AB2025-17

ON-SITE DENTAL SERVICES FOR INMATES AT THE MERCER COUNTY CORRECTIONAL FACILITY FOR A

PERIOD OF ONE (1) YEAR WITH AN OPTION TO EXTEND ONE (1) YEAR

Electronically sealed bids will be received by the Mercer County Purchasing Department acting as Lead Agent on behalf of all contracting units located within the geographic boundaries of Mercer County for the Mercer

County Cooperative Contract Purchasing System.

NOTE:

It is the bidder’s responsibility to ensure that the bid package is uploaded by the bid opening date and time.

Any bid document received after the deadline established by the Department of Purchasing will not be accepted, regardless of the method of delivery. Bid documents may be obtained from the bid platform BidNet

Direct at https://www.bidnetdirect.com/new-jersey/mercercounty .

BID SUBMISSIONS:

Bids shall be electronically uploaded through the BidNet Direct portal, no physical bids shall be received, opened or honored. Please contact BidNet for any questions or assistance with electronic bid submission 1800-

835-4603 Option 2.

BID OPENING INFORMATION

Webinar link/password will be posted in a timely manner for the Live-Stream of opening a couple days before the bid opening date. During the bid opening process, the bidders will be announced as well as bid amounts. A bid review providing unit prices will not take place at the openings.

Any Bid Addenda will be issued on the BidNet website https://www.bidnetdirect.com/new-jersey/mercercounty and processed in accordance with N.J.S.A. 40A:11-23(c)(1). All interested bidders should check the website from now through bid opening. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to this procurement.

Bidders are required to comply with the requirements of N.J.S.A.10:5-31 et seq. and N.J.A.C. 17:27.

COUNTY OF MERCER, NEW JERSEY

Purchasing Department 609 989 6710 https://www.bidnetdirect.com/new-jersey/mercercounty

ON-SITE DENTAL SERVICES FOR INMATES AT THE MERCER COUNTY CORRECTIONAL FACILITY FOR A PERIOD

OF ONE (1) YEAR WITH AN OPTION TO EXTEND ONE (1) YEAR

INTENT

The County of Mercer request bids for the provision of Dental Care for inmates at the Mercer County Correction Center located at 1750 River Road, Hopewell, New Jersey 08560, for a period one (1) year with option to extend one year. Bidders shall provide three references. The provider shall treat inmates with a Dental Assistant at the Mercer County Correction Center. The average daily population over the past 12 months for the Mercer County Correction Center averages 350- 400 inmates per day. Please send all questions in writing via email to scadet@mercercounty.org question deadline June 17, 2025. Contract shall commence August 2025.

STATUTORY REQUIREMENT

Respondents shall comply with the New Jersey Administrative Code, Title 13, Chapter 30, New Jersey Board of Dentistry. Respondents shall be licensed and perform in accordance with N.J.S.A. 45:6-1 et. seq. as follows:

The State Board of Registration and Examination in Dentistry in the Division of Professional Boards of the Department of Law and Public Safety, hereinafter in this chapter designated as the "board," created and established by an act entitled "An act to regulate the practice of dentistry in the State of New Jersey, and to repeal certain acts now relating to the same," approved March 31, 1915 (L.1915, c. 146, p. 261), as amended and supplemented, is continued, and shall hereafter be known and designated as the New Jersey State Board of Dentistry. Wherever in any law, rule, regulation, judicial or administrative proceeding or otherwise, reference is made to the State Board of Registration and Examination in Dentistry, the same shall mean and refer to the New Jersey State Board of Dentistry.

RESPONDENTS SHALL PROVIDE A COPY OF THEIR LICENSE WITH THEIR BID PROPOSAL.

SPECIFICATIONS FOR INMATE DENTAL SERVICES

The Provider will institute a Dental Classification and Priority Treatment Program in accordance with the New Jersey Board of Dentistry to ensure that all inmates have access to essential, necessary dental services and provide services in a professionally prioritized manner and list all requirements necessary for entering into a contract for such services. Cosmetic procedures are not considered essential.

SCOPE OF SERVICE

The Contractor must be a qualified provider who is able to provide Inmate Dental Care in accordance with N.J.A.C. 10A: 16 & 10A:31 requirements, the National Commission on Correctional Health Care Standards, American Dental Association Standards, New Jersey Board of Dentistry and Center for Disease Control Guidelines and Occupational Safety and Health Administration regulations.

The Dental Assistant shall be registered in accordance with the New Jersey Administrative Code, Title 13, Chapter 30, New Jersey Board of Dentistry, 13:30-2.2 and 2.4.

AB2025-17 ON-SITE DENTAL SERVICES 4

mailto:scadet@mercercounty.org mailto:imaldonado@mercercounty.org mailto:imaldonado@mercercounty.org

Dental Services must only be administered by license/certified dental staff duly licensed in the State of New Jersey. Proof of licensure must be provided to the County. Dentists must possess a minimum D.M.D. license.

All Licensed/Certified dental staff shall undergo security clearance and comply with security requirements of the facility inclusive of security training. All equipment and outside machinery is subject to facility search procedures.

Dental Care shall include documented oral screening, instruction on oral hygiene, preventative oral education and annual examinations with only those treatments necessary, as determined by the dentist, in accordance with the clinical guidelines and standards of care from the agencies listed above to maintain the Inmate’s dental health.

Dentist, DMD performs dental examinations with charting by Dental Assistant:

Preventative maintenance to include prophylaxis and oral hygiene instructions;

Follows the classification procedure for standard of care;

Temporary fillings; Permanent fillings;

Extractions;

Full Dentures (when appropriate);

Documentation of orders in Countys’ Electronic Medical Records;

Dental Assistant triages dental list made by nurses and:

Assists the Dentist in dental procedures;

Cleans, sterilizes and performs instrument inventory;

Performs spore check in autoclave;

Takes radiographs when required;

Oral Surgery: The awarded contractor shall provide the services for Oral Surgery on site when necessary. Panorex radiographs are performed at St. Francis Medical Center.

Dental Unit and compressor are provided by the County. Equipment repairs shall be scheduled through the awarded contractor and shall be billed to the County.

The contractor shall give priority scheduling to inmates requiring emergency dental treatment, inmates who have medical problems and inmates who do not have sufficient teeth to masticate with examples as follows:

Priority 1 – Emergencies: fractures, infection, and pain relief etc.

Priority 2 - Patients with insufficient dentition to masticate with moderate pain Priority 3 - Treatment for all remaining Dental Classifications

The Contractor shall utilize Dental Classifications in the initial Comprehensive Dental Examination and as treatment progresses as follows:

Class I Extractions indicated Class II Restorative and/or periodontal treatment indicated Class II Removable prosthetic treatment indicated

AB2025-17 ON-SITE DENTAL SERVICES 5

Class IV No immediate treatment indicated R Refused treatment NS No Show – follow up indicated

The contractor shall treat all inmates with proper infection control procedures, including the use of barrier protection, chemical disinfectants, sterilization and whenever possible, disposable equipment.

DENTAL SUPPLIES AND SMALL EQUIPMENT

Dental supplies shall be provided by the awarded contractor. Small equipment (amalgamator, autoclave, amalgam separator, instruments) shall be supplied by the awarded Contractor. All other equipment is provided by the County of Mercer. The County purchased a dental cavitron in August, 2015 for use by the awarded contractor.

DENTURE CRITERIA ELIGIBILITY

Inmates must enter the Mercer County Correction Center edentulous for full or partial dentures. In the case partial edentulism, which does not impede mastication, dentures are not provided;

however, where loss of all teeth results in complete edentulism, dentures are provided following a ninety (90) day period.

COVERED SERVICES

The Contractor will provide dental screening, instruction in oral hygiene and preventative oral education, examination and treatment. Treatment shall be provided to alleviate pain, to treat infection and to restore function. Routine treatment may include, but not be limited to, extraction, fillings, x-rays, periodontal, cleaning and minor surgery as required when warranted. Said emergency treatment may include, but not be limited to, the prescription of medication and/or actual treatment.

SPECIALIZED SERVICES

Specialized dental care may be required. All extraordinary care, including oral surgery, and other extensive or specialized dentistry requires pre-approval and may be referred to the appropriate service provider. Dentures are provided following a minimum 90 days in the Mercer County Correction Center. Specialized dental procedures will be reimbursed at the current Medicare rates.

SERVICES NOT COVERED

Root canals are not performed as they are not considered preventative maintenance. Crowns are not provided as they are not considered preventative maintenance.

The Contractor shall treat all inmates with proper infection control procedures, including the use of barrier protection, chemical disinfectants, sterilization and, whenever possible disposable equipment.

REQUIREMENTS

The Contractor shall provide the dental services at the Mercer County Correction Center on Monday and Friday as follows:

The awarded contractor shall work five to six hours per day, two days per week. If Additional services are required, the County will pay the awarded contractor

AB2025-17 ON-SITE DENTAL SERVICES 6

based upon the prorated daily rate. Preventive and Comprehensive services are provided;

The awarded contractor shall bill the county for services rendered based upon the number of hours worked;

The awarded contractor shall provide services five to six hours per day, two days per week with a Dental Assistant; Services shall be provided between the hours of 8:00 A.M. and 4:00 P.M.

Twenty-Four hour on-call emergency phone consultation is required and provider shall respond by phone within one hour of initial call from the Correction Center. Said emergency may include, but is not limited to, prescribing medication and or treatment. This work shall be billed at the awarded hourly rate.

The Contractor shall, at all times while carrying out the terms of this agreement adhere to any and all applicable rules and regulations.

An hourly fee calculated with number of hours annually, not a fee per service, is required and travel time shall be factored into the annual rate. No additional charges for travel time or other expenses will be permitted.

The Contractor shall furnish proof of insurance, Malpractice and Professional Liability, coverage by Certificate of Insurance accompanying the contract documents and shall name the County of Mercer as additional insured. All insurance policies will be obtained from an insurance company authorized to conduct business in the State of New Jersey. Minimum $1,000,000 per occurrence coverage required. Such Certificate of Insurance shall provide that the insurance company give the County of Mercer thirty (30) days prior notice of any cancellation terms of such policies during the period of coverage. Bidders shall agree if awarded a contract, that they will indemnify and save harmless the County of Mercer for all suits and actions brought against it.

Dental Service Policy and Procedures are established and shall be reviewed and updated as required by the current medical provider and awarded contractor. Dental Staff will receive training in accordance with the County’s policies and procedures.

The Contractor’s right to perform this contract may be terminated by the County of Mercer in the event services are not performed as called for in the contract. Thereafter, in the event of default, the County reserves the right to secure services by others and the Contractor shall be liable for all costs to the County in excess of the contract price for the remaining portion of the contract.

The Mercer County Correction Center will dispose of all bio-hazardous and regulated waste products created as a result of the services provided by the contractor. The Correction Center shall make medical records of all inmates available to the awarded contractor.

The awarded contractor shall be responsible for all dental staff and the Mercer County Correction Center will not provide jail personnel to assist in dental services. All contractors employees are independent. The Correction Center will provide one Correction Officer who will be present with the Contractor when the contractor is providing services.

AB2025-17 ON-SITE DENTAL SERVICES 7

AB2025-17 ON-SITE DENTAL SERVICES FOR THE MERCER COUNTY CORRECTIONAL

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The Contractor must have prior written approval from Medical Director for any additional services rendered outside of contract terms. Any additional services billed separately outside contract terms must be accompanied by written documentation of Medical Director, signed, and dated.

CONTRACT ADMINISTRATION

The County and awarded contractor shall agree to schedule a contract kick-off meeting to familiarize personnel with the terms and conditions of the contract. The awarded contractor and employees assigned to work are subject to a formal background check. Based upon the results of the background check the Warden may, at his discretion, deny access to the facility.

CONTACTS FOR SITE VISIT:

PATRICIA HUNDLEY 609-583-3545 2286

NICOLA SAMMS 609-583-3545

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ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Dated Acknowledge Receipt

(initial)

No addenda were received:

Acknowledged for: __________________________________________ (Name of Bidder)

By: _________________________________________ (Signature of Authorized Representative)

Name: ______________________________________ (Print or Type)

Title: ________________________________________

Date: ________________________________________

INSTRUCTIONS TO BIDDERS AND STATUTORY REQUIREMENTS

SUBMISSION OF BIDS

A. Electronically sealed bids shall be received by the County of Mercer in accordance with public advertisement as required by law, with a copy of said notice being attached hereto and made a part of these specifications.

B. Bids shall be electronically uploaded through the BidNet Direct portal . NO physical bids shall be received, opened or honored. Electronically sealed bids will be opened and conducted in electronic platform in accord with N.J.A.C. 5:34-1 et. Seq., on BidNet Direct at

C. It is the bidder's responsibility that bids are presented to the County at the time and at the place designated. Once bids have been opened, they shall remain firm for a period of sixty (60) calendar days.

D. The Mercer County Park Commission and the Mercer County Library System are considered agencies of the County entitled to participate in the contract(s) resulting from this bid.

E. Sealed bids forwarded to the County before the time of opening of bids may be withdrawn upon written application of the bidder. Once bids have been opened, they shall remain firm for a period of sixty (60) calendar days.

F. All prices and amounts must be written in ink or preferably machine-printed. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the County. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink by the person signing the bid.

G. Each bid proposal form must give the full business address, business phone, fax, e-mail if available, the contact person of the bidder, and be signed by an authorized representative as follows:

Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.

Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter.

Bids by sole-proprietorship shall be signed by the proprietor.

When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

H. Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:

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N.J.S.A. 2C:21-34, governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.

N.J.S.A. 2C:27-11 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty.

N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

Bidder should consult the statutes or legal counsel for further information.

J. Contract shall be awarded to the lowest responsible bidder as declared by the

County of Mercer. The contract awarded between the County of Mercer and the successful bidder shall establish the contractual obligation regarding specific items, specifications and services to be provided to the county.

K. Successful bidder shall not assign, transfer, convey sublet or otherwise dispose of the contract or any part thereof to anyone without the written consent of the County of Mercer. Additionally, no successful bidder may contract with any subcontractor, who was not named prior to the award of the contract, without the written consent of the County of Mercer. The addition and/or approval of a subcontractor by the County shall not provide any basis for a change order or any increase in cost.

L. The County of Mercer reserves the right in the event of unsatisfactory service to cancel the contract awarded to the successful bidder and procure the goods or services from other sources and hold the contractor responsible for any excess cost.

M. The successful bidder agrees that he will make no claim for additional payment or any other concession because of any misrepresentation or misunderstanding of the contract on his part, or of any failure to fully acquaint himself with any conditions relating to the contract.

N. Bidders are cautioned to fill in all information as requested on the proposal forms to serve as a basis for making awards. The county, without invalidating the contract, may order changes consisting of additions, deletions or modifications and the contract sum shall be adjusted accordingly.

P. Bidder shall list all deviations from the specifications as contained herein when returning proposal as specified.

Q. The bidder, if awarded a contract, agrees to protect, defend and save harmless the

County of Mercer against any damage for the payment for the use of any patented material process, article or device that may enter into the manufacture, construction or form a part of the work covered by his contract, and he further agrees to indemnify and save harmless the County of Mercer from suits or actions of every nature and description brought against it, for or on account of any injuries or damages received or sustained by any parties, by, or from any acts of the contractor, his servants or agents.

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R. Bidder must provide Certificate of insurance in a form and amount acceptable to the County of Mercer including General Liability, Automobile, Workman’s Compensation and such other coverage as may be deemed necessary by the County of Mercer for the work, services or goods being bid.

S. Bidder may be required to submit financial statements unless a guarantee by certified check, cashier’s check or bid bond, or surety certificate is required. Refer to Bidder’s Checklist.

T. BIDDERS SHALL PROVIDE TRADE SECRET OR PROPRIETARY INFORMATION UNDER

SEPARATE COVER WITH THE BID RESPONSE.

U. SOURCE OF SPECIFICATIONS/BID PACKAGES Official County bid packages for routine goods and services are available from on the county website www.mercercounty.org at no cost to the vendor. All addenda are posted on this site. Potential bidders are cautioned that they are bidding at their own risk if a third party supplied the specifications that may or may not be complete. As such, the County is not responsible for third party supplied specifications.

V. The County reserves the right to purchase items from state contract or other county contracts, co-op vendors and/or in the open market, if such use serves the interest of the County. The County reserves the right to bid separately for any commodity.

BUDGET SEQUESTRATION

All contracts shall include the following language with regard to automatic spending cuts to United States federal government funding:

“THE CONTRACT AWARD IS CONTINGENT UPON RECEIVING REQUISITE FEDERAL FUNDING

NECESSARY TO COMPLETE THE TERMS OF THE CONTRACT.”

INTERPRETATION AND ADDENDA, CHALLENGE TO SPECIFICATIONS

The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the County. The bidder accepts the obligation to become familiar with these specifications. Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Agent. In the event the bidder fails to notify the County of such ambiguities, errors or omissions, the bidder shall be bound by the bid.

No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an interpretation shall be in writing, addressed to the Purchasing Agent. In order to be given consideration, written requests for interpretation must be received as least ten

(10) days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders, in accordance with Statute. All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid. The County’s interpretations or corrections thereof shall be final.

If the amount shown in words and its equivalent figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. In the

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event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the County of the extended totals shall govern.

Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of contract.

PRE-BID CONFERENCE – REFER TO ADVERTISEMENT FOR BID FOR DATE AND TIME – IF REQUESTED

BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE

Only manufactured and farm products of the United States, wherever available, shall be used on this contract in accordance with prevailing statutes.

Brand names and or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must be equal to the standard described and be of the same quality of work. Variations between materials described and the materials offered are to be fully explained by the bidder on a separate sheet and submitted with the proposal form. Vendor's literature will not suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it will be presumed and required that materials as described in the proposal be delivered. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The County reserves the right to evaluate the equivalency of a product which, in its deliberations, meets its requirements.

The contractor shall hold and save harmless the County, its officers, agents, servants, and employees, from any liability of any nature and kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.

Wherever practical and economical to the County, it is desired that recycled or recyclable products be provided. Please indicate when recycled products are being offered.

In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the County harmless from any damages resulting from such infringement.

MULTI-BRAND MANUFACTURER’S

Specifications for a contract item may include a specific manufacturer's brand and model number or equivalent. The product brand or brands referenced in the specifications shall be restricted to one brand produced or manufactured by a multi-brand commercial products manufacturer.

PRICING INFORMATION FOR PREPARATION OF BIDS

The County is exempt from any local, state or federal sales, use or excise tax.

Estimated Quantities (Open-End Contracts): The County has attempted to identify the item(s) and

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the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall have included this cost.

Bidders shall insert prices for furnishing goods and services required by these specifications.

Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the County. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the contractor's convenience.

METHOD OF CONTRACT AWARD

The length of the contract shall be stated in the technical specifications. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually.

If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid.

The County may also elect to award the contract on the basis of unit prices.

The form of contract shall be submitted by the County to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions must be formally accepted by the County.

TERMINATION OF CONTRACT

If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the County shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the County of any obligation for balances to the contractor of any sum or sums set forth in the contract. County will pay only for goods and services accepted prior to termination.

Notwithstanding the above, the contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the contractor and the County may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the County from the contractor is determined.

The contractor agrees to indemnify and hold the County harmless from any liability to subcontractors or suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the County under this provision.

In case of default by the contractor, the County may procure the goods or services from other sources and hold the contractor responsible for any excess cost.

Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the County reserves the right to cancel the contract.

ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC.

It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new County(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the County.

The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the County.

The County of Mercer reserves the right, at its option, to terminate this contract upon giving thirty

(30) days written notice to the contractor. Such termination shall relieve the County of any obligation for balances to the contractor of any sum or sums set forth in the contract. County will pay only for goods and services accepted prior to termination.

PAYMENT

No payment will be made unless duly authorized by the County of Mercer’s authorized representative and accompanied by proper documentation. Payment will be made in accordance with the County of Mercer’s policy and procedures.

TRANSITIONAL PERIOD

In the event services are terminated by contract expiration or by voluntary termination by either the Contractor or The County of Mercer, the Contractor shall continue all terms and conditions of said contract for a period not to exceed thirty (30) days at the County’s request.

STATISTICAL DATA REPORT

If requested, the contractor shall provide in writing to the County, all statistical data reports which identify all goods and or services provided.

NEW JERSEY SALES TAX

In submitting his bid, the Contractor certifies that the total base bid set forth does not include any New Jersey Sales Tax, and he further certifies that in the event he is the successful bidder, he will only apply for an exemption for materials or supplies to be used in connection with County property.

Contractor’s Exemption Purchase Certificate, Form ST-13, issued by the State of New Jersey Division of Taxation, Sales Tax Bureau, shall be completed and presented to his suppliers for material used to make any permanent change to a County Building on this contract.

http://www.state.nj.us/treasury/taxation/pdf/other_forms/sales/st13.pdf

LATE FEE POLICY

The County of Mercer pays vouchers bi-weekly, thus vendors, in most cases are paid in less than 30 days, if the vendor has complied by responding promptly with delivery, a signed voucher and http://www.state.nj.us/treasury/taxation/pdf/other_forms/sales/st13.pdf

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an original invoice. We can pay only for goods and services rendered and late fees and service charges are not appropriated for such purposes. All County employees are reminded that no one is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the County without a specific authorization from our governing body or through a resolution that grants the same. All credit applications or similar forms are carefully read in Finance and terms the County does not agree to, are stricken.

TIE BIDS: Tie bids will be decided by the County of Mercer.

DEMONSTRATION AND SAMPLE

If so requested, the vendor shall provide demonstration. If so requested, the vendor shall submit a sample of the units or merchandise.

MANUFACTURERS’ NAMES

Any manufacturers’ names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for any brand, which meets or exceeds the quality of the specifications listed for any item.

AWARD/REJECTION

In accordance with N.J.S.A. 40A:11-24, all contracts will be awarded or all bids will be rejected within sixty (60) days of the receipt of bids unless vendor agrees to extend for a longer period of time.

AVAILABILITY OF FUNDS

Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually.

MULTIPLE BIDS NOT ALLOWED

More than one bid from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered.

FAILURE TO ENTER CONTRACT

Should the bidder, to whom the contract is awarded, fail to enter into a contract within 21 days, Sundays and holidays excepted, the County of Mercer may then, at its option, retain the bidder’s bid deposit/bond and accept the bid of the next lowest responsible bidder.

INQUIRIES

All questions and information pertaining to this proposal shall be directed to the Department of Purchasing at (609) 989-6710.

COMMUNICATIONS AFTER THE BID OPENING

It is highly improper for a bidder after bid opening to contact any representative of the County of Mercer to discuss the bids. The solicitation package contains all documents and instructions. These may be supplemented by any comments you wish to make. Such additional material and comments must be submitted with the bid. Should there be any questions concerning the bid submitted, you will be contacted by a representative of the County of Mercer and any discussion or contact will be limited to the questions of the representative.

INDEX RATE

If the County of Mercer desires to extend a contract under the provisions of N.J.S.A. 40A:11- 15 or N.J.S.A. 18A:18A-42, the index rate is the basis to determine the appropriate increase in the contract price. The following are the requirements for using this provision: Contracts for services, the statutory length of which is for three years or less, may only include provisions for no more than one (1) two-year or two (2) one-year extensions. The original bid specifications and contract must include language that explains the possibility for an extension.

W-9 Successful bidder/respondent shall complete A W-9 Form and submit to the Purchasing Department prior to the contract award. The form is available at the following link:

www.irs.gov/pub/irs-pdf/fw9.pdf

INVOICING

Awarded contractors shall provide detailed invoicing itemizing hours worked for each trade and trade rate. Materials shall be broken out. Reflecting the contractor’s cost of materials and up charge. Proof of purchase is required to be submitted with invoicing.

SAFETY PROGRAM:

Observe all rules and regulations of the Federal, State, and local health officials, including regulations concerning construction safety and health standards. At the preconstruction meeting, submit to the County approval a written safety program that meets or exceeds the minimum requirements of the Contract and applicable State or Federal regulations. Include at a minimum the following:

1. Description. Describe in detail how the safety program is implemented and monitored.

Provide guidelines for protecting personnel from hazards associated with Project operations and activities. Establish the policies and procedures for safety practices that are necessary for the Work to be in compliance with the requirements of OSHA and other State and Federal regulatory agencies with jurisdiction, rules, regulations, standards, or guidelines in effect at the time the Work is in progress.

2. Certification, Responsibility, and Identification of Personnel. Identify the qualified safety professional responsible for developing the safety program and provide that person's qualifications for developing the safety program including, but not be limited to, education, training, certifications, and experience in developing this type of safety program. Provide a certification, executed by the qualified safety professional that developed the safety program, stating that the safety program complies with the rules, regulations, standards, and guidelines in effect at the time the Work is in progress, of OSHA, and other applicable Federal, State, and local regulatory agencies having jurisdiction.

Identify a safety officer and designate the on-site supervisory-level personnel responsible for implementing and monitoring the safety program until Acceptance and having the authority to take prompt corrective measures to eliminate hazards, including the authority to stop work. Include documentation of training provided to the on-site supervisory-level personnel. For work that requires a competent person as defined by OSHA, ensure that the person is capable of identifying existing and http://www.irs.gov/pub/irs-pdf/fw9.pdf

FACILITY

predictable hazards and has the authority to take prompt corrective measures to eliminate the hazards, including the authority to stop work. Include documentation of the qualifications of such competent persons identified, including certifications received.

3. Elements of the Program. Include information and procedures for the following elements:

a. Chain of Command. Include the responsibilities of the management, supervisor, safety officer, and employees.

b. Traffic Control Coordinator. Include the name and contact information.

c. Environmental Manager. Include the name and contact information.

d. Local Emergency Telephone Numbers. Include police, fire, medical

e. Procedures for Handling Emergencies. Provide guidelines for handling emergencies, including emergency action plans for accidents involving death or serious injury, property damage, fires, explosions, and severe weather.

Include the emergency contact information of the Contractor's personnel responsible for handling emergencies.

f. Training Topics. Include regulatory and jobsite toolbox meetings. Include the documentation from the training and an attendance sheet for each.

g. Contractor's Safety Rules. Include housekeeping procedures and personal protective equipment requirements.

h. Employee Disciplinary Policy. Include the violation forms.

i. Safety Checklists. Include project safety-planning, emergency plans and procedures, documentation, and protective materials and equipment.

j. Forms. Include OSHA 300 Log

k. Security Policy Guidelines. Provide a copy for the County.

l. Hazard Communication Program. Provide the following:

1. The location of and instructions for understanding the MSDS. Ensure that the location and instruction are available to anyone within the Project Limits.

2. The person responsible for the hazard communication program and the method of informing personnel of the hazardous communication program.

Include attendance sheets of hazard communication meetings.

3. When performing work that generates airborne crystalline silica, include engineering and work practice controls to limit exposure levels to at or below the permissible exposure limit according to 29 CFR 1910.1000 Table Z-3. Ensure that the program includes employee training and respiratory protection measures according to 29 CFR 1910.134 and control of the area when the permissible exposure limit is exceeded. Provide a trained and competent person, according to 29 CFR 1926.30, within the Project Limits at all times when performing work that produces airborne crystalline silica.

m. Additional Requirements. Provide additional procedures for Project specific topics including:

1. Compressed gas cylinders.

2. Confined spaces.

3. Cranes.

4. Electrical.

5. Equipment operators.

6. Fall protection.

7. Hand and power tools.

8. Hearing conservation.

9. Highway safety.

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10. Lead.

11. Lock out/tag out.

12. Materials handling, storage, use, and disposal.

13. Night work.

14. Personal protective equipment.

15. Project entry and exit.

16. Respiratory protection.

17. Sanitation.

18. Signs, signals, and barricades.

19. Subcontractors.

20. Trenching.

The Contractor is responsible for implementing, monitoring, updating, and revising the safety program until Acceptance. Submit updates and revisions to the safety program to the County for approval when new information, new practices or procedures, or changing site and environmental conditions necessitate modifications to protect site personnel. Maintain a copy of the updated safety program, including the appropriate documentation associated with each element, within the Project Limits so that it is available to workers and other authorized persons entering the Project Limits. Provide program updates to County.

The Contractor is responsible for safety in all aspects, and as set forth in the Insurance and Indemnification Agreement, shall defend and indemnify the County for any failure or breach to comply with the rules, regulations, standards, and guidelines in effect at the time the Work is in progress, of OSHA, and other applicable Federal, State, and local regulatory agencies having jurisdiction pertaining to the Contractor's safety program.

STATUTORY REQUIREMENTS

REQUIRED AFFIRMATIVE ACTION EVIDENCE

No firm may be issued a contract unless they comply with the affirmative action regulations of P.L. 1975, c. 127, as amended from time to time.

GOODS AND SERVICES (INCLUDING PROFESSIONAL SERVICES) CONTRACTS

Each contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

A photocopy of the Federal Letter of Affirmative Action Plan Approval, or;

A photocopy of a Certificate of Employee Information Report; or A photocopy of an Employee Information Report (Form AA302) which is available upon request.

MAINTENANCE/CONSTRUCTION CONTRACTS

After notification of award, but prior to signing the contract, the contractor shall submit to the public agency compliance officer and the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division) an initial project workforce report (Form AA201) provided to the public agency by the Division for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7.

NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT

The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 5:89-5 et seq.,).

Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. Further, all applicable Material Safety Data

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Sheets (MSDS) and hazardous substance fact sheets must be furnished. All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number(s). (N.J.A.C. 8:59-5) or adhere to the requirements of The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and the U.S. Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) as outlined in the Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations as adopted in final rule by DEPARTMENT OF LABOR, Occupational Safety and Health Administration, 29 CFR Parts 1910, 1915, and 1926, [Docket No. OSHA–H022K–2006–0062, (formerly Docket No. H022K)], RIN 1218–AC20, Hazard Communication.

C.40A:11-13 SPECIFICATIONS

No Financial Statement shall be required of vendors if either a guarantee, by certified check, cashier’s check or bid bond, or a surety company certificate is also required to be furnished by the bidder, unless any law or regulation of the United States imposes a condition upon the awarding of a monetary grant to be used for the purchase, which condition requires that a financial statement be submitted.

PREVAILING WAGE ACT

Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within ten (10) days of the payment of the wages. The County of Mercer may terminate work if workers are paid less than prevailing wage. The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. P.L. 2009, c.249 (A-4268/S-3095): Extends prevailing wage requirements to contracts for “maintenance-related projects” over $50,000. It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at: http://lwd.dol.state.nj.us/labor/forms_pdfs/lsse/payrollcert.pdf and as follows:

Public Contracts Section Office of Wage and Hour Compliance

CN 389

Trenton, New Jersey 08625-0389 Telephone number: (609) 292-2259

THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT

N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are received and prior to award of contract, the successful contractor shall submit a copy of the contractor’s certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It is the general contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job.

PAY TO PLAY

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