Form Packet 2.9.2022~1.pdf

BID SOLICITATION CHECKLIST

STATE OF NEW JERSEY

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

BID SOLICITATION # & TITLE:

THIS CHECKLIST WAS CREATED AS A GUIDE TO ASSIST BIDDERS AND MAY NOT IDENTIFY ALL OF THE DOCUMENTS, FORMS OR OTHER INFORMATION REQUIRED FOR SUBMITTING A COMPLETE AND RESPONSIVE QUOTE. IT IS THE BIDDER’S RESPONSIBILITY TO ENSURE THAT ALL REQUIREMENTS OF

THE BID SOLICITATION HAVE BEEN MET.

STANDARD PROCUREMENT FORMS, REGISTRATIONS AND CERTIFICATIONS

THAT MUST BE SUBMITTED BY THE BIDDER AND ARE INCLUDED IN THIS PACKET

REQUIRED

OFFER AND ACCEPTANCE PAGE

OWNERSHIP DISCLOSURE FORM

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING VENDOR

MACBRIDE PRINCIPLES FORM

SUBCONTRACTOR UTILIZATION PLAN

If this bid solicitation has a subcontracting set-aside requirement, the vendor must consult the Division of Revenue & Enterprise Services New Jersey Selective Assistance Vendor Information database at https://www20.state.nj.us/TYTR_SAVI/vendorSearch.jsp for information regarding registered small businesses and/or disabled veteran businesses.

SOURCE DISCLOSURE FORM

EO 271 CERTIFICATION

CONFIDENTIALITY AND COMMITTEMENT TO DEFEND

PROCUREMENT SPECIFIC FORMS, REGISTRATIONS AND CERTIFICATIONS

THAT MUST BE SUBMITTED BY THE BIDDER, BUT ARE NOT INCLUDED IN THIS PACKET

REQUIRED

STATE PRICE SHEET

STATE OF NEW JERSEY SECURITY DUE DILIGENCE THIRD-PARTY INFORMATION SECURITY QUESTIONNAIRE

PUBLIC WORKS CONTRACTOR REGISTRATION

STANDARD PROCUREMENT FORMS, REGISTRATIONS AND CERTIFICATIONS

THAT MUST BE SUBMITTED BY THE BIDDER PRIOR TO AWARD, BUT ARE NOT INCLUDED IN THIS PACKET

REQUIRED

TWO-YEAR CHAPTER 51/EXECUTIVE ORDER 117 VENDOR CERTIFICATION AND DISCLOSURE OF POLITICAL CONTRIBUTIONS

PROOF OF BUSINESS REGISTRATION

You may register your business HERE or obtain a copy of the Business Registration Certificate HERE.

CERTIFICATE OF INSURANCE / ACORD

PROOF OF AFFIRMATIVE ACTION COMPLIANCE

Submit one of the following:

• NEW JERSEY CERTIFICATE OF EMPLOYEE INFORMATION REPORT

• FEDERAL LETTER OF APPROVAL VERIFYING A FEDERALLY APPROVED OR SANCTIONED AFFIRMATIVE ACTION

PROGRAM (Dated within 1 year of the Quote submission)

• AFFIRMATIVE ACTION EMPLOYEE INFORMATION REPORT (FORM AA302)

DPP Rev. 12.13.2021

AFFIDAVIT OF APPAREL

https://www20.state.nj.us/TYTR_SAVI/vendorSearch.jsp https://www.state.nj.us/treasury/revenue/busregcert.shtml https://www1.state.nj.us/TYTR_BRC/jsp/BRCLoginJsp.jsp https://www.state.nj.us/treasury/contract_compliance/index.shtml https://www.state.nj.us/treasury/contract_compliance/index.shtml https://www.state.nj.us/treasury/purchase/forms/AffidavitofApparel.pdf https://www.state.nj.us/treasury/purchase/forms/eo134/Chapter51.pdf

OFFER AND ACCEPTANCE PAGE

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

BID SOLICITATION # AND TITLE:

TO THE STATE OF NEW JERSEY:

Name of Bidder/Contractor Address

City, State, Zip Code Phone Number

Fax Number Email Address

FEIN

Print Name & Title of Authorized Representative

Signature Authorized Representative

By submitting a Quote the Bidder certifies and confirms that:

1. It has read, understands, and agrees to all terms, conditions, and specifications set forth in the Bid Solicitation and the State of New Jersey Standard Terms and

Conditions and agrees to furnish the goods, products, and/or services in compliance with those terms;

2. It has complied, and will continue to comply, with all applicable laws and regulations governing the provision of State goods and services, including the New Jersey

Conflicts of Interest Law, N.J.S.A. 52:13D-12 to 28;

3. The price(s) and amount of its Quote have been arrived at independently and without consultation, communication or agreement with any other Contractor/Bidder or any other party;

4. Neither the price(s) nor the amount of its Quote, and neither the approximate price(s) nor approximate amount of this Quote, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before the Quote submission;

5. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this Contract, or to submit a Quote higher than this Quote, or to submit any intentionally high or noncompetitive Quote or other form of complementary Quote;

6. The Quote is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Quote;

7. The Bidder, its affiliates, subsidiaries, officers, directors, and employees are not, to Bidder’s knowledge, currently under investigation by any governmental agency for alleged conspiracy or collusion with respect to bidding on any Contract and have not in the last five (5) years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction involving conspiracy or collusion with respect to bidding on any Contract;

8. The Bidder's failure to meet any of the terms and conditions of the Contract shall constitute a breach and may result in suspension or debarment from further State bidding; and

9. A defaulting Contractor may also be liable, at the option of the State, for the difference between the Blanket P.O. price and the price bid by an alternate Vendor {Bidder} of the goods or services in addition to other remedies available.

ACCEPTANCE OF OFFER (For State Use Only) The Offer above is hereby accepted and now constitutes a Contract with the State of New Jersey. The Contractor is now bound to sell the goods, products, or services in accordance with the terms of the Bid Solicitation and the State of New Jersey Standard Terms and Conditions. The Contractor shall not commence any work or provide any good, product, or service under this Contract until the Vendor Contractor complies with all requirements set forth in the Bid Solicitation and receives written notice to proceed.

Effective Date

Contract/Master Blanket Purchase Order Number Award Date

State of New Jersey Authorized Signature Print Name and Title

DPP Rev. 12.13.2021

OWNERSHIP DISCLOSURE FORM

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

BID SOLICITATION # AND TITLE:

VENDOR NAME:

PURSUANT TO N.J.S.A. 52:25-24.2, ALL PARTIES ENTERING INTO A CONTRACT WITH THE STATE ARE REQUIRED TO PROVIDE A STATEMENT OF OWNERSHIP.

1. The vendor is a Non-Profit Entity; and therefore, no disclosure is necessary.

2. The vendor is a Sole Proprietor; and therefore, no other disclosure is necessary.

A Sole Proprietor is a person who owns an unincorporated business by himself or her-self.

A limited liability company with a single member is not a Sole Proprietor.

3. The vendor is a corporation, partnership, or limited liability company; and therefore, disclosure is necessary.

If you answered YES to Question 3, you must disclose the following information below: (a) the names and addresses of all stockholders in the corporation who own 10% or more of its stock, of any class; (b) all individual partners in the partnership who own a 10% or greater interest therein; or, (c) all members in the limited liability company who own a 10% or greater interest therein.*

NAME

ADDRESS

ADDRESS

CITY STATE ZIP

NAME

ADDRESS

ADDRESS

CITY STATE ZIP

NAME

ADDRESS

ADDRESS

CITY STATE ZIP

NAME

ADDRESS

ADDRESS

CITY STATE ZIP

4. For each of the corporations, partnerships, or limited liability companies identified in response to Question #3 above, are there any individuals, partners, members, stockholders, corporations, partnerships, or limited liability companies owning a 10% or greater interest of those listed business entities?

If you answered YES to Question 4, you must disclose the following information below: (a) the names and addresses of all stockholders in the corporation who own 10% or more of its stock, of any class; (b) all individual partners in the partnership who own a 10% or greater interest therein; or, (c) all members in the limited liability company who own a 10% or greater interest therein. The disclosure(s) shall be continued until the names and addresses of every non-corporate stockholder, individual partner, and/or member a 10% or greater interest has been identified.*

NAME

ADDRESS

ADDRESS

CITY STATE ZIP

NAME

ADDRESS

ADDRESS

CITY STATE ZIP

NAME

ADDRESS

ADDRESS

CITY STATE ZIP

NAME

ADDRESS

ADDRESS

CITY STATE ZIP

5. As an alternative to completing this form, a Vendor with any direct or indirect parent entity which is publicly traded, may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10% or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10% or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10% or greater beneficial interest.*

* Attach additional sheets if necessary

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

DPP Rev. 12.13.2021

BID SOLICITATION # AND TITLE:

VENDOR NAME:

Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must certify that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Vendors/Bidders must review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

CHECK THE APPROPRIATE BOX

I certify, pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4), that neither the Vendor/Bidder listed above nor any of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List of entities determined to be engaged in prohibited activities in Iran.

OR

I am unable to certify as above because the Vendor/Bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List. I will provide a detailed, accurate and precise description of the activities of the Vendor/Bidder, or one of its parents, subsidiaries or affiliates, has engaged in regarding investment activities in Iran by completing the information requested below.

Entity Engaged in Investment Activities Relationship to Vendor/ Bidder Description of Activities

Duration of Engagement Anticipated Cessation Date *Attach Additional Sheets If Necessary.

CERTIFICATION

I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable.

Signature Date https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING THE VENDOR FORM

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

BID SOLICITATION # AND TITLE:

VENDOR NAME:

PART 1

PLEASE LIST ALL OFFICERS/DIRECTORS OF THE VENDOR BELOW.

NAME

TITLE

ADDRESS

ADDRESS

CITY STATE ZIP

NAME

TITLE

ADDRESS

ADDRESS

CITY STATE ZIP

NAME

TITLE

ADDRESS

ADDRESS

CITY STATE ZIP

NAME

TITLE

ADDRESS

ADDRESS

CITY STATE ZIP

*Attach Additional Sheets If Necessary.

PART 2

PLEASE REFER TO THE PERSONS LISTED ABOVE AND/OR THE PERSONS AND/OR ENTITIES LISTED ON THE

OWNERSHIP DISCLOSURE FORM WHEN ANSWERING THESE QUESTIONS.

1. Has any person or entity listed on this form or its attachments ever been arrested, charged, indicted, or convicted in a criminal or disorderly persons matter by the State of New Jersey (or political subdivision thereof), or by any other state or the U.S. Government?

2. Has any person or entity listed on this form or its attachments ever been suspended, debarred or otherwise declared ineligible by any government agency from bidding or contracting to provide services, labor, materials or supplies?

3. Are there currently any pending criminal matters or debarment proceedings in which the firm and/or its officers and/or managers are involved?

4. Has any person or entity listed on this form or its attachments been denied any license, permit or similar authorization required to engage in the work applied for herein, or has any such license, permit or similar authorization been revoked by any agency of federal, state or local government?

5. Has any person or entity listed on this form or its attachments been involved as an adverse party to a public sector client in any civil litigation or administrative proceeding in the past five (5) years?

PART 3

DESCRIPTION OF THE INVESTIGATION OR LITIGATION, ETC.

If you answered “YES” to any of questions 1 - 5 above, you must provide a detailed description of any investigation or litigation, including, but not limited to, administrative complaints or other administrative proceedings involving public sector clients during the past five (5) years. The description must include the nature and status of the investigation, and for any litigation, the caption and a brief description of the action, the date of inception, current status, and if applicable, the disposition.

PERSON OR ENTITY NAME

CONTACT NAME PHONE NUMBER

CASE CAPTION

INCEPTION OF THE INVESTIGATION CURRENT STATUS

SUMMARY OF INVESTIGATION

*Attach Additional Sheets If Necessary.

CERTIFICATION

I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable.

Signature Date

Print Name and Title

IF ANY OF THE ANSWERS TO QUESTIONS 1-5 ARE “YES”, PLEASE PROVIDE THE REQUESTED INFORMATION IN PART 3.

IF ALL OF THE ANSWERS TO QUESTIONS 1-5 ARE “NO”, NO FURTHER ACTION IS NEEDED; PLEASE SIGN AND DATE THE FORM.

MACBRIDE PRINCIPLES FORM

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

BID SOLICITATION # AND TITLE:

VENDOR NAME:

Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder is required to provide a certification in compliance with the MacBride Principles and Northern Ireland Act of 1989. Pursuant to N.J.S.A. 52:34-12.2, Vendor/Bidder must complete the certification below by checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/ Bidder that has completed the certification and has submitted a bid within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principles that are the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:

CHECK THE APPROPRIATE BOX

The Vendor/Bidder has no business operations in Northern Ireland; or

OR

The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principles of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of its compliance with those principles.

CERTIFICATION

I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable.

Signature Date

SUBCONTRACTOR UTILIZATION FORM

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

BID SOLICITATION # AND TITLE:

VENDOR NAME:

List All Businesses To Be Used As Subcontractors. Attach Additional Sheets If Necessary.

If the Bid Solicitation has subcontracting set-aside goals, and the Vendor has not achieved the goals, Vendor must attach information documenting its good faith effort to achieve the goals.

SUBCONTRACTOR’S NAME:

ADDRESS:

PHONE NUMBER: FEIN:

EMAIL:

ESTIMATED VALUE OF WORK TO BE SUBCONTRACTED:

DESCRIPTION OF WORK TO

BE SUBCONTRACTED:

IS THE SUBCONTRACTOR IS A SMALL BUSINESS?

IF YES, SMALL BUSINESS CATEGORY:

IS THE SUBCONTRACTOR IS A DISABLED VETERAN-OWNED BUSINESS?

SUBCONTRACTOR’S NAME:

ADDRESS:

PHONE NUMBER: FEIN:

EMAIL:

ESTIMATED VALUE OF WORK TO BE SUBCONTRACTED:

IS THE SUBCONTRACTOR IS A DISABLED VETERAN-OWNED BUSINESS?

SUBCONTRACTOR’S NAME:

ADDRESS:

PHONE NUMBER: FEIN:

EMAIL:

ESTIMATED VALUE OF WORK TO BE SUBCONTRACTED:

IS THE SUBCONTRACTOR IS A DISABLED VETERAN-OWNED BUSINESS?

SOURCE DISCLOSURE FORM

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

BID SOLICITATION # AND TITLE:

VENDOR NAME:

The Vendor/Bidder submits this Form in response to a Bid Solicitation issued by the State of New Jersey, Department of the Treasury, Division of Purchase and Property, in accordance with the requirements of N.J.S.A. 52:34-13.2.

PART 1

All services will be performed by the Contractor and Subcontractors in the United States. Skip Part 2.

Services will be performed by the Contractor and/or Subcontractors outside of the United States. Complete Part 2.

PART 2

Where services will be performed outside of the United States, please list every country where services will be performed by the Contractor and all Subcontractors. If any of the services cannot be performed within the United States, the Contractor shall state, with specificity, the reasons why the services cannot be performed in the United States. The Director of the Division of Purchase and Property will review this justification and if deemed sufficient, the Director may seek the Treasurer’s approval.

Name of Contractor / Sub-contractor

Performance Location by Country

Description of Service(s) to be Performed Outside of the United States *

Reason Why the Service(s) Cannot be Performed in the United States *

*Attach additional sheets if necessary to describe which service(s), if any, will be performed outside of the U.S. and the reason(s) why the service(s) cannot be performed in the U.S.

Any changes to the information set forth in this Form during the term of any Contract awarded under the referenced Bid Solicitation or extension thereof shall be immediately reported by the Contractor to the Director of the Division of Purchase and Property. If during the term of the Contract, the Contractor shifts the location of services outside the United States, without a prior written determination by the Director, the Contractor shall be deemed in breach of Contract, and the Contract will be subject to termination for cause pursuant to the State of New Jersey Standard Terms and Conditions.

CERTIFICATION

I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable.

Signature Date

CERTIFICATION FOR EXECUTIVE ORDER NO. 271 - COVID-19 VACCINE

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

BID SOLICITATION # AND TITLE:

VENDOR NAME:

Pursuant to Governor Murphy’s Executive Order No. 271 (EO 271) which was signed and went into effect on October 20, 2021, a covered contractor, must have a policy in place:

(1) that requires all covered workers to provide adequate proof, in accordance with EO 271, to the covered contractor that the covered worker has been fully vaccinated; or

(2) that requires that unvaccinated covered workers submit to COVID-19 screening testing at minimum one to two times weekly until such time as the covered worker is fully vaccinated; and

(3) that the covered contractor has a policy for tracking COVID-19 screening test results as required by EO 271 and must report the results to local public health departments.

The requirements of EO 271 apply to all covered contractors and subcontractors, at any tier, providing services, construction, demolition, remediation, removal of hazardous substances, alteration, custom fabrication, repair work, or maintenance work, or a leasehold interest in real property through which covered workers have access to State property.

By signing below, contractor certifies that it shall comply with the requirements Governor Murphy’s Executive Order No. 271 if awarded a contract.

Signature Date

Print Name and Title

DPP Rev. 12.13.2021 https://www.state.nj.us/infobank/eo/056murphy/pdf/EO-271.pdf https://www.state.nj.us/infobank/eo/056murphy/pdf/EO-271.pdf https://www.state.nj.us/infobank/eo/056murphy/pdf/EO-271.pdf https://www.state.nj.us/infobank/eo/056murphy/pdf/EO-271.pdf https://www.state.nj.us/infobank/eo/056murphy/pdf/EO-271.pdf

CONFIDENTIALITY AND COMMITMENT TO DEFEND

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper

BID SOLICITATION # & TITLE:

The Bid Solicitation advises Bidders (hereinafter “Company”) that the submitted “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.” In the event that the Division receives a request for documents related to above referenced Bid Solicitation, in accordance with its statutory obligations under the New Jersey Open Public Records Act and/or the common law right to know, it is the Division’s intent to fulfill the request for records which may include a copy of the Company’s Quote.

If Company objects to the disclosure of any portions of the Quote, the Company must advise the Division and must attach a detailed statement clearly identifying those sections of the Quote that Company claims are exempt from disclosure. In requesting any exemption, Company must identify the specific statutory or other legal justification for each requested exemption and the factual basis that supports said exemption. In addition, if Company requests any exemption to disclosure of the Quote based upon claims of confidential/proprietary information and trade secrets (setting forth the nature of the formula, process, pattern, device or compilation), in accordance with Ingersoll-Rand Co. v. Ciavatta, 110 N.J. 609 (1988), Company must also indicate the following with respect to the requested exemption:

(1) the extent to which the information is known outside the owner’s business;

(2) the extent to which it is known by employees and others involved with your business;

(3) the extent of the measures taken by your firm to guard the secrecy of the information;

(4) the value of the information to your firm and your competitors;

(5) the amount of effort or money expended by your firm in developing the information; and

(6) the ease or difficulty with which the information could be properly acquired or duplicated by others.

Further, if the Quote includes any copyright notices, within five business days, the Division will be permitted to release a copy of the Quote document(s) unless Company serves the Division with an order from a court of competent jurisdiction precluding such release.

The State reserves the right to make the final determination as to what is and is not subject to public disclosure under OPRA and/or the common law right to know, and will advise the Company accordingly. Please note that the State will not honor any claim of confidential, proprietary, trade secret, and/or copyright material that is not supported by a specific statutory or legal justification provided by the Company. The State will not honor any attempts by the Company to designate the entire Quote as proprietary, confidential and/or to claim copyright protection for its entire Quote.

Accordingly, in order to assist the Division with the fulfillment of potential document requests, please select one of the following:

The Company’s Quote does not include any confidential, proprietary and/or trade secrets; and therefore, the Company does not request any redactions be made prior to the release of the documents.

OR

The Company’s Quote does include confidential, proprietary and/or trade secrets; and therefore, the Company requests that certain portions of the Quote be redacted prior to the release of the documents.

The requested redactions are set forth in the attached statement which specifically identifies the portions of the Quote by section, page number, paragraph and or line; and identifies the specific statutory or other legal reason for each requested exemption.

In the event of any challenge to the Company’s assertion of confidential/proprietary information, the Company shall be solely responsible for defending its designation.

Company agrees that it shall defend and cooperate in the defense of an action against the State of New Jersey arising from or related to the non-disclosure, due to the Company’s request, of documents submitted to the State of New Jersey, and relating to a Quote submitted by the Company in response to the above referenced Bid Solicitation, which was the subject of a request for government records under the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (“OPRA”), or the common law right to know. The Company further agrees to indemnify and hold harmless the State against any judgments, costs, or attorneys’ fees assessed against the State in connection with any action arising from, or related to, the non-disclosure, due to the Company’s request, of documents submitted to the State, which are the subject of a request for government records under OPRA.

The Company makes the forgoing agreement with the understanding that the State may immediately disclose any documents withheld without further notice if the Company ceases to cooperate in the defense of an action against the State arising from or related to the above described non-disclosure due to the Company’s request, and will disclose such documents withheld if so ordered by a court of competent jurisdiction.

The undersigned certifies that s/he is duly authorized to make this commitment on behalf of the Company.

Company Name

Signature Date

DPP Rev. 12.13.2021 Page 1 of 2

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper

DESCRIPTION OF VENDOR REQUESTED QUOTE REDACTIONS*

Quote Section, Form or Document Page Number Paragraph and/or line Description of item to be redacted Statutory or other legal reason for each requested exemption

* Home address and/or unlisted telephone/cell phone numbers must be listed on this form if they are to be redacted.

DPP Rev. 12.13.2021 Page 2 of 2