FINAL RFP~1.docx

Bid Solicitation/Request for Proposal

Electronic Screening System

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

Quote {Proposal} Submission Date (Refer to Bid Solicitation {RFP} Section 1.3.2 for more information.)

Dates are subject to change. All times contained in the Bid Solicitation {RFP} refer to Eastern Time. All changes will be reflected in Bid Amendments {Addenda} to the Bid Solicitation {RFP} posted on the Division of Purchase and Property website and on www.njstart.gov.

Small Business Set-Aside Status ☐ Not Applicable

☐ Entire Blanket P.O. {Contract}

☐ Partial Blanket P.O. {Contract}

☒ Subcontracting Only Category

☒ I ☐ IV

☒ II ☐ V

☒ III ☐ VI

Bid Solicitation {RFP} Issued By Using Agency/Agencies

Division of Purchase and Property Trenton, New Jersey 086250230

Date: August 3, 2018

Table of Contents

INFORMATION FOR VENDORS {BIDDERS}

NOTICE: This Bid Solicitation is part of the NJSTART Procurement Program. The Vendor {Bidder} is advised to thoroughly read all sections, as many have been revised, and follow all instructions contained in this Bid Solicitation, including the instructions on the Bid Solicitation’s Offer and Acceptance Page and read through all Quick Reference Guides (QRGs) located on the NJSTART Vendor Support Page (http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml), before preparing and submitting its Quote.

NJSTART terminology is used throughout this document. See Bid Soliciation Section 2.1 for a crosswalk of NJSTART terminology to legacy terminology.

Please be advised that in accordance with P.L. 2018, c. 9, also known as the Diane B, Allen Equal Pay Act, which was signed in to law by Governor Phil Murphy on April 24, 2018, a contractor performing “qualifying services” or “public work” to the State or any agency or instrumentality of the State shall provide the Commissioner of Labor and Workforce Development a report regarding the compensation and hours worked by employees categorized by gender, race, ethnicity, and job category. For more information and report templates see https://nj.gov/labor/equalpay/equalpay.html.

PURPOSE AND INTENT

This Bid Solicitation is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of the New Jersey Department of Transportation (NJDOT). The purpose of this Bid Solicitation is to solicit Quotes from qualified Vendors {Bidders}, capable of providing Commercial Motor Vehicle Weigh Station bypass system services utilizing both fixed and mobile screening systems.

The intent of this Bid Solicitation is to award Master Blanket Purchase Orders (Blanket P.O.) to those responsible Vendors {Bidders} whose Quotes, conforming to this Bid Solicitation are most advantageous to the State, price and other factors considered. The State may award any and all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket P.O. during the Blanket P.O. term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.

The State intends to award up to two (2) Vendors {Bidders} by category as follows: one (1) award for Category 1 – Standard Fixed Weigh Station & Inspection Sites (Fixed System); and one (1) award for Category 2 – Sub-Standard Mobile Weight & Inspection Sites (Mobile System). Vendors {Bidders} are permitted to submit Quote for one (1) or both categories, as the State may consider one (1) award for both categories. A list of proposed sites and the services currently provided along with the requested services to be selected under this solicitation is listed in Section 3.1.2.

The State reserves the right to authorize both categories of service to be performed at the same locations concurrently in order to maximize industry participation in the weigh station bypass programs.

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

BACKGROUND

This is a reprocurement of the services provided under the NJDPOT Core CIVSN Electronic Screening term Blanket P.O., presently due to expire on January 31, 2019. Vendors {Bidders} interested in the current Blanket P.O. {Contract} specifications and pricing information may review the current Blanket P.O. T2834 at http://www.state.nj.us/treasury/purchase/pricelists.shtml and are cautioned that this new Bid Solicitation addresses current requirements.

This is a reprocurement of the services under NJDPOT Core CIVSN Electronic Screening presently due to expire on January 31, 2019. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T2834 at www.njstart.gov by following these steps:

Go to: www.njstart.gov Select “Contract & Bid Search” Select “Contracts/Blankets” Under “Contract/Blanket Description” type in T2834, Click “Find It” The current Blanket P.O’s will appear under “Results”.

Vendors {Bidders} are cautioned that this new Bid Solicitation addresses current requirements.

The NJDOT and the New Jersey State Police (NJSP) are responsible for the State’s commercial vehicle weighing and inspection activities within the State to ensure motor carrier and commercial motor vehicle safety and compliance with State and federal motor carrier statutes and regulations, which can be found as follows: https://www.fmcsa.dot.gov/regulations/title49/b/5/3 under 49 CFR Parts 350-399. NJDOT is the “lead-agency” for the Motor Carrier Safety Assistance Program (MCSAP) which funds safety, inspection, and enforcement activities of all commercial vehicle operations in the State.

In an effort to promote the safe and efficient transportation of freight in the State and improve weigh station bypass system capabilities, it is the intent of the NJDOT and NJSP to engage in soliciting additional private sector operated bypass programs. The objective of this Bid Solicitation is to solicit Quotes for the design, construction, installation, operation, and maintenance of a truck pre-clearance and weigh station bypass program to enable trucks meeting certain safety criteria to bypass New Jersey weigh stations and inspection sites. This will allow the NJSP to improve weigh station bypass system capabilities by concentrating its resources on unsafe commercial vehicle operators while simultaneously minimizing inspection related delays on safe and legal motor carriers.

The NJSP operates a number of weigh stations statewide and utilizes advanced technologies for the screening of commercial vehicles. The existing bypass program, NJ PASS, utilizes transponders to identify and bypass trucks meeting the State requirements. These requirements include data elements such as registration, fuel tax, insurance, safety, size and weight, and others. The State continues to be compliant with the Federal Motor Carrier Safety Administration (FMCSA) Commercial Vehicle Information Systems and Networks (CVISN) program as a core-compliant state. The NJDOT requires any future systems to be fully compliant with all requirements of the CVISN architecture in terms of data use, data collection, and data availability.

The goal of this Blanket P.O. {Contract} is to clear commercial motor vehicles (CMVs) with good safety records for the bypass of weigh stations or inspection sites, and to improve truck safety enforcement. This process will assist in optimizing NJSP enforcement personnel time usage by allowing them to focus their limited resources on higher-risk carriers and reduce delay at weigh stations. This Blanket P.O. {Contract} will also assist carriers by reducing time for product delivery, reducing fuel consumption, and reducing noxious emissions inherent in diesel exhausts produced while idling at weigh stations. It is intended that the NJDOT and NJSP will have no direct costs associated with the deployment, setup, operation, and maintenance of the truck pre-clearance, weigh stations, and inspection sites bypass program. The selected Vendor {Contractor} will be responsible for marketing of the program to carriers.

The NJDOT and NJSP will approve the selection of sites to be included and will determine the screening rules for the program. Limitations on fixed weigh station-based screening technology and enforcement activities (e.g., ability of overweight vehicles to use routes around the fixed sites to bypass enforcement resources) pose unique challenges and provide motivation for NJDOT and the NJSP to consider new technologies to roadside compliance verification and enforcement. These bypass routes are among many locations where violators are likely to travel and are monitored only by mobile enforcement officers whose presence may be irregular and unplanned. In many other locations, such as urban areas, a weigh station cannot be built due to environmental or cost reasons, but violators are likely to travel these roadways. These locations are ideal for set-up of mobile enforcement details and an electronic screening system.

All work performed by the Vendor {Contractor} under this Blanket P.O., as well as all equipment and material used in conjunction with this Blanket P.O., must comply with the State’s requirements for a bypass system and bypass services.

KEY EVENTS

ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Vendors {Bidders} via the “Q&A” Tab of the Bid Solicitation in NJSTART.

A. Questions should be directly tied to the Bid Solicitation and asked in consecutive order, from beginning to end, following the organization of the Bid Solicitation; and

B. Each question should begin by referencing the Bid Solicitation page number and section number to which it relates.

Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

A Vendor {Bidder} shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation, prior to the final award of the Blanket P.O.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation is indicated on the Bid Solicitation cover sheet. In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation. Bid Amendments to this Bid Solicitation, if any, will be posted as a File Attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date. (See Bid Solicitation Section 1.4.1 for further information.)

EXCEPTIONS TO THE STATE OF NJ STANDARD TERMS AND CONDITIONS (SSTC)

Questions regarding the State of New Jersey Standard Terms and Conditions (SSTC) and exceptions to mandatory requirements must be posed during this Electronic Question and Answer period and shall contain the Vendor’s {Bidder’s} suggested changes and the reason(s) for the suggested changes.

SUBMISSION OF QUOTES

In order to be considered for award, the Quote must be received by the Procurement Bureau of the Division at the appropriate location by the required time. Vendors {Bidders} shall submit a Quote electronically through NJSTART.

QUOTES NOT RECEIVED PRIOR TO THE QUOTE OPENING DEADLINE SHALL BE REJECTED. THE DATE AND TIME OF THE QUOTE OPENING ARE INDICATED ON THE BID SOLICITATION COVER SHEET AND ON THE “SUMMARY” TAB OF THE BID SOLICITATION WEBPAGE WITHIN NJSTART.

IF THE QUOTE OPENING DEADLINE HAS BEEN REVISED, THE NEW QUOTE OPENING DEADLINE SHALL BE SHOWN ON THE POSTED BID AMENDMENT AND ON THE “SUMMARY” TAB OF THE BID SOLICITATION WEBPAGE WITHIN NJSTART.

Procedural inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov and/or (609) 341-3500.

The State will not respond to substantive questions related to the Bid Solicitation or any other Blanket P.O. via this e-mail address or phone number. For inquiries related to substantive questions refer to Section 1.3.1 (Electronic Question and Answer Period).

VENDOR {BIDDER} SUPPORT

Vendors {Bidders} are strongly encouraged to visit the NJSTART Vendor Support Page, which contains Quick Reference Guides (QRGs), supporting videos, a glossary of NJSTART terms, and helpdesk contact information.

The Vendor {Bidder} should utilize the QRGs before attempting to submit its Quote using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote and attachments have been properly submitted.

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

Not applicable to this procurement.

PRE-QUOTE DOCUMENT REVIEW

Not applicable to this procurement.

ADDITIONAL INFORMATION

BID AMENDMENTS: Revisions to this BID SOLICITATION

In the event that it becomes necessary to clarify or revise this Bid Solicitation, such clarification or revision will be by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation.

There are no designated dates for release of Bid Amendments. Those Vendors {Bidders} who are on the bid holder list either through commodity code registration in NJSTART or by acknowledging the bid in NJSTART should receive notification of any Bid Amendment(s). If a Vendor {Bidder} is not on the bid holder list to receive notifications related to a Bid Solicitation, Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

BID AMENDMENTS WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE VIEWABLE ON THE “SUMMARY” PAGE OF THE BID SOLICITATION IN NJSTART. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instructions. QRGs are located on the NJSTART Vendor Support Page.

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all Bid Amendments related to this procurement. An interested Vendor {Bidder} should check the NJSTART “Open Bids” Tab on a daily basis to ensure review of the most updated information.

VENDOR {BIDDER} Responsibility

The Vendor {Bidder} assumes sole responsibility for the complete effort required in submitting a Quote in response to this Bid Solicitation. No special consideration will be given after Quotes are opened because of a Vendor’s {Bidder’s} failure to be knowledgeable as to all of the requirements of this Bid Solicitation.

COST LIABILITY

The State assumes no responsibility and bears no liability for costs incurred by a Vendor {Bidder} in the preparation and submittal of a Quote in response to this Bid Solicitation.

CONTENTS OF QUOTE

Quotes can be released to the public pursuant to N.J.A.C. 17:12-1.2(b) and (c), or under the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1.1 et seq., or the common law right to know.

After the opening of sealed Quotes, including Quotes submitted through the NJSTART electronic process, all information submitted by a Vendor {Bidder} in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Vendor {Bidder}. Proprietary and confidential information may be exempt from public disclosure by OPRA and/or the common law. When the Bid Solicitation contains a negotiation component, the Quote will not be subject to public disclosure until a notice of intent to award a Blanket P.O. is announced.

As part of its Quote, a Vendor {Bidder} may designate any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion. The location in the Quote of any such designation should be clearly stated in a cover letter. The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the Vendor {Bidder} accordingly. Any proprietary and/or confidential information in a Quote will be redacted by the State. The State will not honor any attempt by a Vendor {Bidder} to designate its entire Quote and/or prices as proprietary, confidential and/or to claim copyright protection for its entire Quote. Copyright law does not prohibit access to a record which is otherwise available under OPRA. In the event of any challenge to the Vendor’s {Bidder’s} assertion of confidentiality with which the State does not concur, the Vendor {Bidder} shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Vendor {Bidder}. The State assumes no such responsibility or liability.

A Vendor {Bidder} shall not designate any price lists and/or catalogs submitted as exempt from public disclosure as the same must be accessible to State Using Agencies and Cooperative Purchasing Program participants (if the Bid Solicitation has been extended to these participants) and thus must be made public to allow all eligible purchasing entities access to the pricing information.

ANNOUNCEMENT OF QUOTE INFORMATION

On the date and time Quotes are due under the Bid Solicitation, all information concerning the Quotes submitted may be publicly announced and shall be available for inspection and copying except as noted below:

A. Information appropriately designated as proprietary and/or confidential shall not be available for inspection and copying; and B. Where negotiation is contemplated, only the names and addresses of the Vendors {Bidders} submitting Quotes will be announced, and the contents of the Quotes shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

RESERVED

QUOTE ERRORS

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

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

NJSTART: A Vendor {Bidder} may withdraw its Quote submission in NJSTART prior to the Quote opening; however, Vendors {Bidders} should note that while withdrawn NJSTART Quotes remain viewable by the Vendor {Bidder} on its Vendor Profile Homepage, they are removed from the Division’s view and cannot be considered for Blanket P.O. award. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO BLANKET P.O. AWARD

If, after the Quote opening, but before Blanket P.O. award, a Vendor {Bidder} discovers an error in its Quote, the Vendor {Bidder} may make a written request to the Supervisor of the Proposal Review Unit to withdraw its Quote from consideration for award. If the Vendor’s {Bidder’s} request to withdraw is made in good faith, and the State will not be significantly prejudiced by granting the withdrawal of the Quote beyond the loss of the benefit of the bargain to the State of the withdrawing Vendor’s {Bidder’s} offer, the request shall be granted. Evidence of the Vendor’s {Bidder’s} good faith in making this request can be demonstrated by one (1) or more of the following factors: A mistake is so significant that to enforce the Blanket P.O. resulting from the Quote would be unconscionable; that the mistake relates to a material feature or term of the Blanket P.O.; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After Quote opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its Quote and the Director may in his/her discretion allow said Vendor {Bidder} to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Vendor {Bidder} and take those prior requests to withdraw into consideration when evaluating the Vendor’s {Bidder’s} future Quotes.

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

Department of the Treasury Division of Purchase and Property PO Box 230 33 West State Street – 9th Floor Trenton, New Jersey 08625-0039 Attention: Supervisor, Proposal Review Unit

If during a Quote evaluation process, an obvious pricing error made by a potential Blanket P.O. awardee is found, the Director or his/her designee shall issue written notice to the Vendor {Bidder}. The Vendor {Bidder} will have up to five (5) business days after receipt of the notice to confirm its pricing. If the Vendor {Bidder} fails to respond, its Quote shall be considered withdrawn, and no further consideration shall be given to it.

JOINT VENTURE

If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance Page. Each party to the Joint Venture must individually comply with all the forms and certification requirements in Sections 4.4.1 and 4.4.2 of this Bid Solicitation.

RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE

In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17:12-2.13, the State of New Jersey will invoke reciprocal action against an out-of-State Vendor {Bidder} whose state or locality maintains a preference practice for its in-state Vendors {Bidders}. The State of New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Procurement Officials, or the National Institute of Governmental Purchasing or a State’s statutes and regulations to identify States having preference laws, regulations, or practices and to invoke reciprocal actions. The State of New Jersey may obtain additional information as it deems appropriate to supplement the stated survey information.

A Vendor {Bidder} may submit information related to preference practices enacted for a State or Local entity outside the State of New Jersey. This information may be submitted in writing as part of the Quote response, including name of the locality having the preference practice, as well as identification of the county and state, and should include a copy of the appropriate documentation, i.e., resolution, regulation, law, notice to Vendor {Bidder}, etc. It is the responsibility of the Vendor {Bidder} to provide documentation with the Quote or submit it to the Director within five (5) business days after the deadline for Quote submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote submission date may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.

QUOTE ACCEPTANCES AND REJECTIONS

N.J.A.C. 17:12-2.7(d), the Director’s right to waive minor irregularities or omissions in a Quote and N.J.A.C. 17:12-2.2 which defines causes for Quote rejection, apply to all Quotes.

1.1.1 ELECTRONIC SIGNATURES

Vendors {Bidders} submitting Quotes through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket P.O. Award and That Should Be Submitted with the Quote) of this Bid Solicitation electronically by typing the name of the authorized signatory in the “Signature” block as an alternative to downloading, physically signing the form, scanning the form, and uploading the form to NJSTART.

Vendors {Bidders} submitting Quotes in hard copy format, must provide forms with original, physical signatures, otherwise its Quote may be deemed non-responsive.

DEFINITIONS

CROSSWALK

GENERAL DEFINITIONS

The following definitions will be part of any Blanket P.O. awarded or order placed as a result of this Bid Solicitation.

STANDARD DEFINITIONS

All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: labor costs, overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.

Best and Final Offer or BAFO – Pricing timely submitted by a Vendor {Bidder} upon invitation by the Bureau after Quote opening, with or without prior discussion or negotiation.

Bid or Bid Solicitation – This series of documents, which establish the bidding and Blanket P.O. requirements and solicits Quotes to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation, State of NJ Standard Terms and Conditions (SSTC), State-Supplied Price Sheet, attachments, and Bid Amendments.

Bid Amendment – Written clarification or revision to this Bid Solicitation issued by the Bureau. Bid Amendments, if any, will be issued prior to Quote opening.

Business Day – Any weekday, excluding Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Calendar Day – Any day, including Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Change Order – An amendment, alteration or modification of the terms of a Blanket P.O. between the State and the Vendor(s) {Contractor(s)}. A Change Order is not effective until it is signed and approved in writing by the Director or Deputy Director, Division of Purchase and Property.

Cooperative Purchasing Program – The Division’s intrastate program that provides procurement-related assistance to New Jersey local governmental entities and boards of education, State and county colleges and other public entities having statutory authority to utilize select State Blanket P.O.s issued by the Division, pursuant to the provisions of N.J.S.A. 52:25-16.1 et seq.

Days After Receipt of Order (ARO) – The number of calendar days ‘After Receipt of Order’ in which the Using Agency will receive the ordered materials and/or services.

Director – Director, Division of Purchase and Property, Department of the Treasury, who by statutory authority is the Chief Contracting Officer for the State of New Jersey.

Discount – The standard price reduction applied by the Vendor {Bidder} to all items.

Division – The Division of Purchase and Property.

Evaluation Committee – A committee established or Division staff member assigned by the Director to review and evaluate Quotes submitted in response to this Bid Solicitation and recommend a Blanket P.O. award to the Director.

Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs.

Joint Venture – A business undertaking by two (2) or more entities to share risk and responsibility for a specific project.

Master Blanket Purchase Order (Blanket P.O.) – The Blanket P.O. consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation, the responsive Quote submitted by a responsible Vendor {Bidder} as accepted by the State, the notice of award, any Best and Final Offer, any subsequent written document memorializing the agreement, any modifications to any of these documents approved by the State and any attachments, Bid Amendment or other supporting documents, or post-award documents including Change Orders agreed to by the State and the Vendor {Contractor}, in writing.

May – Denotes that which is permissible or recommended, not mandatory.

Must – Denotes that which is a mandatory requirement.

No Bid – The Vendor {Bidder} is not submitting a price Quote for an item on a price line.

No Charge – The Vendor {Bidder} will supply an item on a price line free of charge.

Primary Form – An electronic form contained within a Vendor’s {Bidder’s} NJSTART profile designated by the Vendor {Bidder} as the primary or principal version of the required form.

Procurement Bureau (Bureau) - The Division unit responsible for the preparation, advertisement, and issuance of Bid Solicitations, for the tabulation of Quotes and for recommending award(s) of Blanket P.O.(s) to the Director and the Deputy Director.

Project – The undertakings or services that are the subject of this Bid Solicitation.

QRGs – Quick Reference Guides.

Quote – Vendor’s {Bidder’s} timely response to the Bid Solicitation including, but not limited to, technical Quote, price Quote, and any licenses, forms, certifications, or other documentation required by the Bid Solicitation.

Retainage – The amount withheld from the Vendor {Contractor} payment that is retained and subsequently released upon satisfactory completion of performance milestones by the Vendor {Contractor}.

Revision – A response to a BAFO request or a requested clarification of the Vendors {Bidders} Quote.

Shall – Denotes that which is a mandatory requirement.

Should – Denotes that which is permissible or recommended, not mandatory.

Small Business – Pursuant to N.J.A.C. 17:13-1.2, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one (1) of the three (3) following categories: For goods and services - (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and (C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III). For construction services: (A) 0 to $3,000,000 (Category IV); (B) gross revenues that do not exceed 50 percent of the applicable annual revenue standards established at 13 CFR 121.201 (Category V); and (C) gross revenues that do not exceed the applicable annual revenue standards established at CFR 121.201, (Category VI).

State – The State of New Jersey.

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

State-Supplied Price Sheet – the bidding document created by the State and attached to this Bid Solicitation on which the Vendor {Bidder} submits it proposal pricing as is referenced and described in Bid Solicitation Section 4.4.5.

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

Subcontractor – An entity having an arrangement with a Vendor {Contractor}, whereby the Vendor {Contractor} uses the products and/or services of that entity to fulfill some of its obligations under its State Blanket P.O., while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket P.O., including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Vendor {Contractor}.

Task – A discrete unit of work to be performed.

Unit Cost – All-inclusive, firm fixed price charged by the Vendor {Bidder} for a single unit identified on a price line.

Using Agency[ies] – A State department or agency, a quasi-State governmental entity, or a Cooperative Purchasing Program participant, authorized to purchase products and/or services under a Blanket P.O. procured by the Division. This Blanket P.O. may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation. In addition, with the approval of the Director of the Division of Purchase and Property and the agreement of the Vendor {Contractor}, the Blanket P.O. may be used by any Using Agency or quasi-State governmental entity.

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

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

TECHNOLOGY SPECIFIC DEFINITIONS

These definitions apply only to the Ownership of Material and Performance Guarantee of Vendor {Contractor} outlined in Section 5.0 of this Bid Solicitation.

Acceptance – The written confirmation by the Using Agency that Vendor {Contractor} has completed a Deliverable according to the specified requirements.

Commercial Off the Shelf (COTS) – Software provided by Vendor {Contractor} that is intended for general use.

Custom Software – Software and Work Product that is developed by Vendor {Contractor} at the request of the Using Agency to meet the specific business requirements of the Using Agency and is intended for its use.

Customized Software – COTS that is adapted by Vendor {Contractor} to meet specific business requirements of the Using Agency that differ from the standard requirements of the base product.

Deliverable – Goods, products, Services and Work Product that Vendor {Contractor} is required to deliver to the State under the Blanket P.O.

Hardware – Includes computer equipment and any Software provided with the Hardware that is necessary for the Hardware to operate.

Services – Includes, without limitation (i) Information Technology (IT) professional services, (ii) Software and Hardware-related services, including without limitation, installation, configuration, and training, and (iii) Software and Hardware maintenance and support and/or Software and Hardware technical support services.

Software – Includes, without limitation, computer programs, source codes, routines, or subroutines supplied by Vendor {Contractor}, including operating software, programming aids, application programs, application programming interfaces and software products, and includes COTS, Customized Software and Custom Software, unless the context indicates otherwise.

State Intellectual Property – Any intellectual property that is owned by the State. State Intellectual Property includes any derivative works and compilations of any State Intellectual Property.

Third Party Intellectual Property – Any intellectual property owned by parties other than the State or Vendor {Contractor} and contained in or necessary for the use of the Deliverables. Third Party Intellectual Property includes COTS owned by Third Parties, and derivative works and compilations of any Third Party Intellectual Property.

Vendor {Contractor} Intellectual Property – Any intellectual property that is owned by Vendor {Contractor} and contained in or necessary for the use of the Deliverables or which the Vendor {Contractor} makes available for the State to use as part of the work under the Blanket P.O. Vendor {Contractor} Intellectual Property includes COTS or Customized Software owned by Vendor {Contractor}, Vendor’s {Contractor’s} technical documentation, and derivative works and compilations of any Vendor {Contractor} Intellectual Property.

Work Product – Every invention, modification, discovery, design, development, customization, configuration, improvement, process, Software program, work of authorship, documentation, formula, datum, technique, know how, secret, or intellectual property right whatsoever or any interest therein (whether patentable or not patentable or registerable under copyright or similar statutes or subject to analogous protection) that is specifically made, conceived, discovered, or reduced to practice by Vendor {Contractor} or Vendor’s {Contractor’s} subcontractors or a third party engaged by Vendor {Contractor} or its subcontractor pursuant to the Blanket P.O. Notwithstanding anything to the contrary in the preceding sentence, Work Product does not include State Intellectual Property, Vendor {Contractor} Intellectual Property or Third Party Intellectual Property.

BLANKET P.O.-SPECIFIC DEFINITIONS/ACRONYMS

Automatic Vehicle Classification (AVC) – Technology used to automatically classify the various vehicle types; used with weigh-in-motion equipment to calculate the weight of the vehicle.

Automatic Vehicle Identification (AVI) - an autonomous identification technique used with moving objects such as vehicles.

CMRS – Commercial Mobile Radio Service.

Commercial Vehicle Operations (CVO) – The motor carrier’s operations and motor vehicle regulatory activities associated with the commercial movement of goods, including hazardous materials, and passengers.

Commercial Vehicle Information Systems and Networks (CVISN) – The collection of information systems and communications networks that support commercial vehicle operations (CVO).

ELD – Electronic Logging Devices.

Electronic Screening (or e-screening) – The automated screening of commercial vehicles that pass a roadside check station to determine whether further inspection or verification of credentials is required.

EOBR – Electronic On-Board Recorders.

FMCSA – Federal Motor Carrier Safety Administration.

GPS – Global Positioning System.

In-Cab Notification (ICN) – Visual and audio signals used to notify vehicles with enrolled transponders to either exit onto the station ramp or proceed on the mainline, depending on the screening decision.

Inspection Selection System (ISS) – The primary tool supported by the Federal Motor Carrier Safety Administration for use at the roadside to screen commercial motor vehicles for inspection and determine the usefulness of conducting an inspection.

International Fuel Tax Agreement (IFTA) – An agreement among most U.S. states and Canadian provinces that simplifies the reporting of fuel use taxes by motor carriers operating in two or more jurisdictions.

International Registration Plan (IRP) – An agreement among most U.S. states and Canadian provinces that facilitates the registering of fleets of commercial vehicles that travel in two or more jurisdictions.

MCSAP – Motor Carrier Safety Assistance Program.

NJDOT – New Jersey Department of Transportation.

NJSP – New Jersey State Police.

Overheight (OH) Detection – Technology used to automatically detect overheight vehicles that may be moving toward overhead obstacles such as bridges, overpasses, tunnels, and other structures.

Safety and Fitness Electronic Records (SAFER) – A federally-owned data exchange system that stores and distributes inspection reports, carrier and vehicle snapshots, and other safety and credentials data among states.

Standard Fixed Scale Weigh Station and Inspection Sites (Fixed System) – Sites along the interstate system where fixed scales and full inspection facilities have been constructed by the State to design standards.

Sub-Standard Mobile Weigh & Inspection Sites (Mobile System) – sites or locations where the State currently operates a fixed scale weigh station that is not up to interstate design standards for weighing or inspecting commercial vehicles. These sites may include locations where the NJSP may choose to setup mobile scales to weigh and inspect commercial vehicles on a temporary or ad-hoc basis.

Unified Carrier Registration (UCR) – A program that requires motor carriers that operate in interstate or international commerce to register their business and pay an annual fee based on the size of the fleet.

Weigh-in-Motion (WIM) – Technology used to automatically measure approximate axle weights of a moving vehicle; used with automatic vehicle classification to determine the gross vehicle weight.

SCOPE OF WORK

categories of service

Standard FIXED Scale Weigh Station & Inspection Sites (FIXED System)

The Vendor {Contractor} shall provide an E-Screening System at any additional Fixed System site identified by the State; or continue to operate and maintain the existing transponder based E-Screening system currently in operation at existing Fixed System sites.

The Vendor {Contractor} shall continue to maintain and operate the current fixed transponder based E-Screening system (NJ Pass) utilizing readers and antennas mounted on poles at key locations before and after the weigh station along with weigh-in-motion sensors in the pavement to detect and screen enrolled carriers approaching the weigh station for bypass compliance.

The Vendor {Contractor} shall maintain and operate the following three (3) standard design Fixed System weigh stations with transponder based systems currently in operation:

1. Interstate 78 Eastbound, Greenwich Weigh Station, at Mile Post 5.0;

2. Interstate 295 Northbound, Carney’s Point Weigh Station, at Mile Post 3.5; and

3. Interstate 80 Eastbound, Knowlton Weigh Station, at Mile Post 2.3.

A list of proposed weigh station/inspection sites, the services currently provided there and the requested services to be selected under this Bid Solicitation are listed in Section 3.1.2.

The State may consider sites proposed by the operating Vendor {Contractor}, but is under no obligation to accept any recommendation. Each Vendor {Contractor} should respond to the accompanying list of site locations for which they would like to be considered for deployment.

sUBSTANDARD Mobile Scale Weigh & Inspection Sites (Mobile System)

The Vendor {Contractor} shall provide a new portable/mobile E-screening system that utilizes geo-fencing technology to define the weigh station area and utilizes cell phone or on-board electronic logging devices to act as transponders to allow truckers to receive bypass or pull-in signals in their cab. These systems are considered mobile as they can be set up quickly at any site throughout the State without the installation of any hardware or infrastructure installation.

The Vendor {Contractor} shall provide this technology for use at Fixed Scale weigh station sites to supplement carrier enrollment numbers for any transponder based system. This may include the rest areas, roadside pull-off areas, or other mobile inspection sites used for targeted enforcement efforts.

Deployment sites and technology

The Vendor {Contractor} shall implement and maintain the requested electronic screening services at the following locations in New Jersey:

Table 1: List of potential weigh stations and inspection sites statewide

Category 2: Mobile System NJ Pass – Mainline & Ramp WIMs

Category 2: Mobile System NJ Pass – Mainline & Ramp WIMs

Category 2: Mobile System NJ Pass – Mainline & Ramp WIMs

I-‐195 Eastbound/Westbound between I-295 & Exit 16

The State reserves the right to add additional inspection sites not currently identified on the Fixed and Mobile Weigh & Inspection Site list within the State wherever enforcement and inspection details may be set up by the NJSP.

The State will have the right to temporarily deactivate the screening/bypass capabilities of a site(s) for the purpose of conducting special enforcement activities.

The State will approve the screening rules utilized in screening trucks for potential bypass.