latest RFP version~1.doc

Bid Solicitation/Request for Proposal

Bid #: 16DPP00024

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

Mandatory/Optional Pre-Proposal Conference (Refer to Bid Solicitation {RFP} Section1.3.6 for more information.)

Mandatory/Optional Site Visit (Refer to Bid Solicitation {RFP} Section 1.3.5 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 changes will be reflected in Bid Amendments {Addenda} to the Bid Solicitation {RFP}. All times are Eastern Standard Time. All changes to the Bid Solicitation {RFP} will be reflected in Bid Amendments {Addenda} to the Bid Solicitation {RFP} posted on the Division of Purchase and Property website.

Small Business Set-Aside

Status

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Not Applicable

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Entire Contract

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Partial Contract

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Subcontracting Only Category

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I

FORMCHECKBOX

II

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III

Bid Solicitation {RFP} Issued By Using Agency/Agencies State of New Jersey

State of New Jersey Various Using Agencies Department of the Treasury

Cooperative Purchasing Members Division of Purchase and Property

Trenton, New Jersey 08625‑0230 Date: 08/01/16 Table of Contents

41.0 INFORMATION FOR VENDORS {BIDDERS}

41.1 PURPOSE AND INTENT

41.2 BACKGROUND

51.3 Key Events

51.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD

51.3.2 SUBMISSION OF QUOTE {PROPOSAL}

61.3.3 NJSTART

61.3.4 ELECTRONIC SIGNATURES

61.3.5 MANDATORY/OPTIONAL SITE VISIT

71.3.6 MANDATORY/OPTIONAL PRE-QUOTE {PRE-PROPOSAL} CONFERENCE

71.3.7 PRE-QUOTE {PRE-PROPOSAL} DOCUMENT REVIEW

71.4 ADDITIONAL Information

71.4.1 BID AMENDMENTS {ADDENDA}: Revisions to this BID SOLICITATION {RFP}

71.4.2 VENDOR {BIDDER} Responsibility

71.4.3 COST Liability

71.4.4 CONTENTS of QUOTE {Proposal}

81.4.5 ANNOUNCEMENT OF QUOTE {PROPOSAL} INFORMATION

81.4.6 PRICE Alteration In Hard copy QUOTES {proposals}

81.4.7 QUOTE {proposal} ERRORS

101.4.8 JOINT Venture

101.4.9 Reciprocity for Jurisdictional Vendor {Bidder} Preference

101.4.10 QUOTE {PROPOSAL} ACCEPTANCES AND REJECTIONS

112.0 DEFINITIONS

112.1 CROSSWALK

112.1.1 General Definitions

142.2 BLANKET PO {contract}-specific definitions/ACRONYMS

153.0 COMMODITY DESCRIPTION/SCOPE OF WORK

153.1 GENERAL INFORMATION

153.1.1 ESTIMATED QUANTITIES

153.1.2 DELIVERY REQUIREMENTS

153.1.3 USING Agency information

173.1.4 product requirements

183.2 Price Adjustment Review

194.0 QUOTE {PROPOSAL} PREPARATION AND SUBMISSION

194.1 General

194.2 QUOTE {Proposal} Delivery and Identification

204.3 NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

204.3.1 NJSTART SUBMISSION OF QUOTE {PROPOSAL}

204.3.2 hard copy SUBMISSION

214.4 quote {Proposal} Content

214.4.1 Forms, rEGISTRATIONS and CERTIFICATIONS required with Quote {Proposal}

244.4.2 Forms, REGISTRATIONS AND CERTIFICATIONS REQUIRED before BLANKET PO {contract} award and THAT SHOULD BE SUBMITTED with the QUOTE {proposal}

264.4.3 SUBmittals

274.4.5 PRICE schedule/SHEET

284.4.6 COOPERATIVE PURCHASING PROGRAM

294.4.7 METHOD OF BIDDING/PRICE SHEET INSTRUCTIONS

305.0 SPECIAL BLANKET PO {CONTRACT} TERMS AND CONDITIONS

305.1 PRECEDENCE OF SPECIAL Blanket PO {CONTRACT} TERMS AND CONDITIONS

305.2 BLANKET PO {Contract} Term and Extension Option

305.2.1 price adjustment review

325.3 BLANKET PO {Contract} Transition

335.4 CHANGE ORDER {Contract AMENDMENT}

335.5 Vendor {contractor} Responsibilities

335.6 Claims and Remedies

335.6.1 Claims

335.6.2 Remedies

335.6.3 Remedies for failure to comply with material Blanket PO {contract} requirements

335.7 Items Ordered and Delivered

345.8 MANUFACTURING/PACKAGING REQUIREMENTS

345.9 ELECTRONIC PAYMENTS

345.10 Substitution or Addition of SubCONTRACTOR(s)

345.11 Additional Work and/or Special PROJECTS

345.12 BLANKET PO {Contract} Activity Report

355.13 PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES

355.14 DISCLOSURE OF PRODUCT COMPOSITION

355.15 ACCESSIBILITY COMPLIANCE

355.16 News Releases

355.17 Advertising

366.0 QUOTE {PROPOSAL} EVALUATION

366.1 RIGHT TO WAIVE

366.2 DIRECTOR’S RIGHT OF FINAL QUOTE {proposal} ACCEPTANCE

366.3 STATE'S RIGHT TO INSPECT VENDOR {BIDDER} FACILITIES

366.4 STATE'S RIGHT TO REQUEST FURTHER INFORMATION

366.5 Oral Presentation and/or Clarification of QUOTE {proposal}

376.6 Evaluation Criteria

376.6.1 QUOTE {PROPOSAL} discrepancies

376.6.2 Evaluation of the QUOTES {proposals}

376.7 Negotiation and Best and Final Offer (BAFO)

386.8 “REQUEST FOR REVISION” WITHIN NJSTART

386.9 POOR PERFORMANCE

397.0 BLANKET PO {CONTRACT} AWARD

397.1 DOCUMENTS REQUIRED BEFORE BLANKET PO {CONTRACT} AWARD

397.1.1 Requirements of Public Law 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (Formerly Executive Order NO. 134) AND EXECUTIVE ORDER No. 117 (2008)

407.1.2 SOURCE DISCLOSURE REQUIREMENTS

407.1.3 Affirmative Action

407.1.4 BUSINESS REGISTRATION

407.2 FINAL BLANKET PO {CONTRACT} AWARD

407.3 INSURANCE CERTIFICATES

407.4 Performance SECURITY

418.0 BLANKET PO {CONTRACT} ADMINISTRATION

418.1 state CONTRACT MANAGER

418.1.1 state contract manager responsibilities

418.1.2 Coordination with the State Contract manager

42State of New Jersey Standard Terms and Conditions

1.0 INFORMATION FOR VENDORS {BIDDERS}

NOTICE: This Bid Solicitation {Request for Proposal (RFP)} 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 {RFP}, including the instructions on the Bid Solicitation’s {RFP’s} Offer and Acceptance Page {Signatory 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), in preparing and submitting its Quote {Proposal}.

Terminology is listed by new NJSTART term; {existing term} appears in braces.

1.1 PURPOSE AND INTENT

This Bid Solicitation {RFP} is issued by the Procurement Bureau, Division of Purchase and Property, Department of the Treasury on behalf of all State Using Agencies and Cooperative Purchasing Partners.. The purpose of this Bid Solicitation {RFP} is to solicit Quotes {Proposals} for various crackers, cookies, and dry snacks which will be made available and delivered by the Vendors(s) {Contractor(s)} to Using Agencies, statewide.

The intent of this Bid Solicitation {RFP} is to award Master Blanket Purchase Orders (Blanket POs) {Contracts} to those responsible Vendors({Bidders} whose Quotes {Proposals}, conforming to this Bid Solicitation {RFP} are most advantageous to the State, price and other factors considered. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket PO {Contract} during the Blanket PO {Contract} term, when deemed by the Director to be in the State of New Jersey’s (State) best interest.

There are sixty (60) price line items, which are listed on the Price Sheet. The State intends to make one (1) statewide award for each price line item.

The State’s Standard Terms and Conditions (SSTCs) accompanying this Bid Solicitation {RFP} will apply to all Blanket POs {Contracts} made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this Bid Solicitation {RFP} and should be read in conjunction with them unless the Bid Solicitation {RFP} specifically indicates otherwise.

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

1.2 BACKGROUND

There are two (2) Bid Solicitations {RFPs} (11-X-21773 & 12-X-22118) associated with the reprocurement of the products provided under the Foods: Crackers, Cookies & Dry Snacks, Statewide, Multi Year, Tied to PPI term Blanket PO {Contract}, presently due to expire on 09/12/2016. Vendors {Bidders} interested in the current Blanket PO {Contract} specifications and pricing information may review the current Blanket PO {Contract} T #0013 at http://www.state.nj.us/treasury/purchase/pricelists.shtml and are cautioned that the new Bid Solicitation {RFP} addresses current requirements.

For informational purposes only, expenditures for the current three (3) year term Blanket PO {Contract}, including two (2) one-year extensions, are as follows:

It is important to note that these figures are pro-rated estimates.

1.3 Key Events

1.3.1 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 {RFP} in NJSTART.

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

b. Each question should begin by referencing the Bid Solicitation {RFP} 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} must not contact the Using Agency or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation {RFP}.

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

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

Questions regarding the 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.

1.3.2 SUBMISSION OF QUOTE {PROPOSAL}

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

Hard copy Quote {Proposal} must be submitted to the physical location noted below:

QUOTE {PROPOSAL} RECEIVING ROOM – 9TH FLOOR

DIVISION OF PURCHASE AND PROPERTY

DEPARTMENT OF THE TREASURY

33 WEST STATE STREET, P.O. BOX 230

TRENTON, NJ 08625-0230

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

QUOTES {PROPOSALS} NOT RECEIVED PRIOR TO THE QUOTE {PROPOSAL} OPENING DEADLINE SHALL BE REJECTED. THE DATE AND TIME OF THE QUOTE {PROPOSAL} OPENING ARE INDICATED ON THE BID SOLICITATION {RFP} COVER SHEET AND IN THE “SUMMARY” PAGE OF THE BID SOLICITATION {RFP} IN NJSTART.

Note: A Vendor {Bidder} using U.S. Postal Service regular or express mail services should allow additional time since the U.S. Postal Service does not deliver directly to the Procurement Bureau. A Vendor {Bidder} should make every effort to submit its Quote {Proposal} well ahead of the Quote {Proposal} submission deadline to mitigate unforeseen delays or issues. The Vendor {Bidder} is solely responsible for the timely submission of its Quote {Proposal} in response to this Bid Solicitation {RFP}.

Procedural inquiries concerning this Bid Solicitation {RFP} may be directed to RFP.procedures@treas.nj.gov.

The State will not respond to substantive questions related to the Bid Solicitation {RFP} or any other Blanket PO {Contract} via this e-mail address.

1.3.3 NJSTART

The Division is pleased to announce its new eProcurement solution “

Vendor {Bidder} Support:

Vendors {Bidders} are strongly encouraged to visit the NJSTART Vendor Support Page, which contains 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 {Proposal} using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote {Proposal} and attachments have been properly submitted.

1.3.4 ELECTRONIC SIGNATURES

Vendors {Bidders} submitting Quotes {Proposals} through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote {Proposal}) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket PO {Contract} Award and That Should Be Submitted with the Quote {Proposal}) of this Bid Solicitation {RFP} 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 {Proposals} in hard copy format, must provide forms with original, physical signatures, otherwise its Quote {Proposal} may be deemed non-responsive.

1.3.5 MANDATORY/OPTIONAL SITE VISIT

Not applicable to this Bid Solicitation {RFP}.

1.3.6 MANDATORY/OPTIONAL PRE-QUOTE {PRE-PROPOSAL} CONFERENCE

Not applicable to this Bid Solicitation {RFP}.

1.3.7 PRE-QUOTE {PRE-PROPOSAL} DOCUMENT REVIEW

Not applicable to this Bid Solicitation {RFP}.

1.4 ADDITIONAL Information

1.4.1 BID AMENDMENTS {ADDENDA}: Revisions to this BID SOLICITATION {RFP}

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

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

BID AMENDMENTS {ADDENDA} WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE VIEWABLE ON THE “SUMMARY” PAGE OF THE BID SOLICITATION {RFP} IN NJSTART. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. 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 {Addenda} 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.

1.4.2 VENDOR {BIDDER} Responsibility

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

1.4.3 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 {Proposal} in response to this Bid Solicitation {RFP}.

1.4.4 CONTENTS of QUOTE {Proposal}

Quotes {Proposals} 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 et seq., or the common law right to know.

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

As part of its Quote {Proposal}, 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 {proposal} 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 {proposal} will be redacted by the State. The State will not honor any attempt by a Vendor {Bidder} to designate its entire Quote {Proposal} and/or prices as proprietary, confidential and/or to claim copyright protection for its entire Quote {Proposal}. 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.

By signing the Bid Solicitation {RFP} Offer and Acceptance Page {Signatory Page}, the Vendor {Bidder} waives any claims of copyright protection set forth within the manufacturer's price list and/or catalogs. The price lists and/or catalogs must be accessible to State Using Agencies and Cooperative Purchasing Program participants and thus have to be made public to allow all eligible purchasing entities access to the pricing information.

1.4.5 ANNOUNCEMENT OF QUOTE {PROPOSAL} INFORMATION

On the date and time Quotes {Proposals} are due under the Bid Solicitation {RFP}, all information concerning the quotes {proposals} 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 {Proposals} will be announced, and the contents of the Quotes {Proposals} shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

1.4.6 PRICE Alteration In Hard copy QUOTES {proposals}

Hard copy Quote {Proposal} prices must be typed or written in ink. Any price change (including "white-outs") must be initialed. Failure to initial price changes shall preclude a Blanket PO {Contract} award from being made to the Vendor {Bidder}.

1.4.7 QUOTE {proposal} ERRORS

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

1.4.7.1 QUOTE {PROPOSAL} WITHDRAWAL PRIOR TO QUOTE {PROPOSAL} OPENING

NJSTART: A Vendor {Bidder} may withdraw its Quote {Proposal} submission in NJSTART prior to the Quote {Proposal} opening; however, Vendors {Bidders} should note that while withdrawn NJSTART Quotes {Proposals} 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 PO {Contract} award. The Vendor {Bidder} may submit a revised Quote {Proposal} as long as the Quote {Proposal} is received prior to the announced date and time for Quote {Proposal} submission. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

Hard Copy: A Vendor {Bidder} may request that its hard copy Quote {Proposal} be withdrawn prior to the Quote {Proposal} opening. Such request must be made, in writing, to the Supervisor of the Quote {Proposal} Review Unit at the address provided in Section 1.4.7.2 below. The Vendor {Bidder} may submit a revised Quote {Proposal} as long as the Quote {Proposal} is received prior to the announced date and time for Quote {Proposal} submission and at the place specified.

1.4.7.2 QUOTE {PROPOSAL} WITHDRAWAL AFTER QUOTE {PROPOSAL} OPENING, BUT PRIOR TO BLANKET PO {CONTRACT} AWARD

NJSTART and Hard Copy: If, after the Quote {Proposal} opening, but before Blanket PO {Contract} award, a Vendor {Bidder} discovers an error in its Quote {Proposal}, the Vendor {Bidder} may make a written request to the Supervisor of the Quote {Proposal} Review Unit to withdraw its Quote {Proposal} 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 {Proposal} 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 or more of the following factors: A mistake is so significant that to enforce the Blanket PO {Contract} resulting from the Quote {Proposal} would be unconscionable; that the mistake relates to a material feature or term of the Blanket PO {Contract}; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After Quote {Proposal} opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its Quote {Proposal} and the Director may in 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 {Proposals}.

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

Department of the Treasury

Division of Purchase and Property

PO Box 039

33 West State Street – 9th Floor

Trenton, New Jersey 08625-0039

Attention: Supervisor, Quote {Proposal} Review Unit

If during a Quote {Proposal} evaluation process, an obvious pricing error made by a potential Blanket PO {Contract} awardee is found, the Director or 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 {Proposal} shall be considered withdrawn, and no further consideration shall be given to it.

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

1.4.8 JOINT Venture

If a joint venture is submitting a Quote {Proposal}, the agreement between the parties relating to such joint venture should be submitted with the joint venture’s Quote {Proposal}. Authorized signatories from each party comprising the joint venture must sign the Offer and Acceptance Page {Signatory 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 {RFP}.

1.4.9 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 Vendors {Bidders}. New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Purchasing Officials, or the National Institute of Governmental Purchasing to identify States having preference laws, regulations, or practices and to invoke reciprocal actions. The State 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 {Proposal} response, including name of the locality having the preference practice, as well as identification of the county and state, and should include a copy of the appropriate documentation, i.e., resolution, regulation, law, notice to Vendor {Bidder}, etc. It is the responsibility of the Vendor {Bidder} to provide documentation with the Quote {Proposal} or submit it to the Director within five (5) business days after the deadline for Quote {Proposal} submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote {Proposal} submission date may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.

1.4.10 QUOTE {PROPOSAL} ACCEPTANCES AND REJECTIONS

N.J.A.C. 17:12-2.7(d), the Director’s right to waive minor irregularities or omissions in a Quote {Proposal} and N.J.A.C. 17:12-2.2 which defines causes for Quote {Proposal} rejection, apply to all Quotes {Proposals}. In addition, pursuant to N.J.S.A. 52:34-12, the Director retains the right to reject all Quotes {Proposals} if it is in the public interest.

2.0 DEFINITIONS

2.1 CROSSWALK

2.1.1 General Definitions

The following definitions will be part of any Blanket PO {Contract} awarded or order placed as result of this Bid Solicitation {RFP}.

Definitions are listed by new NJSTART terminology; {existing terminology} appears in braces.

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

Bid or Bid Solicitation {RFP or Solicitation} – This series of documents, which establish the bidding and Blanket PO {Contract} requirements and solicits Quotes {Proposals} to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation {Request for Proposal}, State of NJ Standard Terms and Conditions (SSTC), price schedule, attachments, and Bid Amendments {Addenda}.

Bid Amendment {Addendum} – Written clarification or revision to this Bid Solicitation {RFP} issued by the Division of Purchase and Property. Bid Amendments {Addenda}, if any, will be issued prior to Quote {Proposal} 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 {Contract Amendment} – An alteration or modification of the terms of a Blanket PO {Contract} between the State and the Vendor(s) {Contractor(s)}. A Change Order {Contract Amendment} 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 POs {Contracts} 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) - means 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. By statutory authority, the Director is the Chief Contracting Officer for the State of New Jersey.

Discount - Means the standard discount applied by the Vendor {Bidder} to all items.

Discounted Unit Cost – Means “Unit Cost” field multiplied by (100 percent minus the “Discount” field percentage).

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 {Proposals} submitted in response to this Bid Solicitation {RFP} and recommend a Blanket PO {Contract} award to the Director.

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

FOB - Means Freight on Board (FOB) Destination.

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

Master Blanket Purchase Order (Blanket PO) {Contract} – The Blanket PO {Contract} consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation {RFP}, the responsive Quote {Proposal} 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 {Addenda} or other supporting documents, or post-award documents including Change Orders {Contract Amendments} agreed to by the State and the Vendor {Contractor}, in writing.

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

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

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

Procurement Bureau - The Division unit responsible for the preparation, advertisement, and issuance of Bid Solicitations {RFPs}, for the tabulation of Quotes {Proposals} and for recommending award(s) of Blanket PO(s) {Contract(s)} to the Director and the Deputy Director.

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

QRGs – Quick Reference Guides.

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

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 {Proposal}.

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

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 of the three following categories: (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and (C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III).

State – State of New Jersey.

State Contract Manager 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 {Contract Amendment}.

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 PO {Contract}, while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket PO {Contract}, 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 PO {Contract} procured by the Division. This Blanket PO {Contract} may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation {RFP}. In addition, with the approval of the Director of the Division of Purchase and Property and the agreement of the Vendor {Contractor}, the Blanket PO {Contract} may be used by any Using Agency or quasi-governmental agency.

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

Vendor {Contractor} – The Vendor {Bidder} awarded a Blanket PO {Contract} resulting from this Bid Solicitation {RFP}.

2.2 BLANKET PO {contract}-specific definitions/ACRONYMS

Acceptable Equivalent - Product having equal salient characteristics as product/brand listed in description. Proof of equivalency may be obtained through sample testing, literature, certification, or other means as determined by the State.

Approved Brands - Approved brands are a list of products that, because of the length of time required for analysis and evaluation, have been researched and/or tested in advance of procurement to determine which suppliers, model number or brand names [of goods or products] comply with the specification needs.

CID - Commercial Item Description. Product offered must meet or exceed the salient characteristics of the noted CID and, in addition, be compliant with the requests of the State.

CIDs are official U.S. Government procurement documents. Applicable CIDs are available on line at: https://www.ams.usda.gov/grades-standards/cids USDA- United States Department of Agriculture. Federal certification/standards for food safety, sanitary conditions, nutrition and research for agricultural technology. Information is available at www.usda.gov.

3.0 COMMODITY DESCRIPTION/SCOPE OF WORK

All cracker, cookie and snack products offered in response to this Bid Solicitation {RFP} shall be fresh, latest packed and/or latest season where applicable, and have a minimum three (3) month shelf life for soft cake-like items and a minimum six (6) month shelf life for the balance of the items. Preservation, packaging, packing, labeling, and case marking shall be commercial unless otherwise specified.

3.1 GENERAL INFORMATION

3.1.1 ESTIMATED QUANTITIES

Quantities of listed items on the pricing sheets will vary across items and by the individual Using Agencies based upon their specific food service and other program needs. Orders shall be placed on an “as needed” basis.

This Bid Solicitation {RFP} and those Blanket POs {Contracts} awarded in response to this Bid Solicitation {RFP} requires a minimum limitation of ten (10) cases per order. The ten-case minimum order shall be calculated using an aggregate of all of the varieties and all of the Blanket PO {Contract} lines a Vendor {Contractor} is awarded, so that smaller Using Agencies can utilize the Blanket POs {Contracts}. The State will be obligated only for those quantities that are listed on purchase orders issued as a result of the Blanket POs {Contracts}, where complete deliveries have been made. All deliveries will be made directly to the Using Agencies. The Vendor {Contractor} is required to service and deliver product to the smaller Using Agencies as well as the large institutions. The Using Agencies shall not deviate from the ten (10) case minimum order.

3.1.2 DELIVERY REQUIREMENTS

A fifteen (15) calendar day ARO delivery is sought and preferred as the maximum timeframe wherever feasible. However, ARO delivery shall not exceed twenty-one (21) calendar days.

Product shall be transported in a climate-controlled transportation container regulated to keep the item(s) in good condition. If a refrigerated vehicle is used to transport the product, the refrigeration system condensation shall not come in contact with the product. Vehicles must be free of all rodent and insect infestation and free from biological contaminants. Product must arrive at the Using Agency in pristine packaging and delivery containers with the product delivered in excellent condition. A packing slip referencing the purchase order number is required with each delivery. The Vendor {Contractor} is required to obtain proof of delivery signed by an authorized employee from each of the receiving units, when the Vendor {Contractor} delivers to that receiving unit or Using Agency.

The Vendor’s {Contractor’s} delivery personnel may be subject to and shall comply with all security regulations and procedures for any or all delivery sites. This may include body and vehicle searches for contraband.

3.1.3 USING Agency information

A list of the primary Using Agencies, along with contact information that can be utilized upon award of the Blanket POs {Contracts} resulting from this Bid Solicitation {RFP} is indicated in the table below. Note: This is not a complete list and other Using Agencies may also participate.

Department of Human Services Agency & Address Contact, Phone #, & email Delivery Days & Times

Greenbrook Regional Center

275 Green Brook Rd.

Green Brook, NJ 08812 Anthonio Brindisi

Phone: (732) 968-6000 X 5566

Tony.Brindisi@dhs.state.nj.us Variable No appointment necessary

Hunterdon Developmental Ctr

40 Pittstown Rd.

Clinton, NJ 08809 Laura Murphy

Phone: (908) 730-1301

Laura.Murphy@dhs.state.nj.us Variable No appointment necessary

New Lisbon Developmental Ctr

Route 72

New Lisbon, NJ 08064 Terry Sciarappa

Phone: (609) 984-4022

Terry.Sciarappa@dhs.state.nj.us Monday – Friday

9:00am – 3:00pm No appointment necessary

Vineland Developmental Ctr

1676 E. Landis Ave.

Vineland, NJ 08360 Joseph Clauss

Phone: (856) 696-6028

Joseph.Clauss@dhs.state.nj.us Friday

9:00am – 2:00pm No appointment necessary

Woodbine Developmental Ctr

1175 DeHirsh Ave.

Woodbine, NJ 08270 Lee Castillo

Phone: (609) 861-6045

Lee.Castillo@dhs.state.nj.us Monday – Friday

9:00am – 3:00pm No appointment necessary

Ancora Psychiatric Hospital

301 Spring Garden Rd.

Ancora, NJ 08037 Marie Pierce

Phone: (609) 561-1700

Marie.Pierce@dhs.state.nj.us Monday – Friday

8:00am – 3:00pm

No appointment necessary

Ann Klein Forensic Ctr

Sullivan Way

West Trenton, NJ 08628 Carletha Murray

Phone: (609) 633-0856

Carletha.Murray@dhs.state.nj.us Variable

No appointment necessary

Greystone Park Psych Hosp.

59 Koch Ave.

Morris Plains, NJ 07950 Kent Dumas

Phone: (973) 889-3528

Kent.Dumas@dhs.state.nj.us Monday – Friday

8:00am – 3:30pm

No appointment necessary

Trenton Psychiatric Hosp.

100 Sullivan Way

West Trenton, NJ 08628 Joseph Canale

Phone: (609) 292-1993

Joseph.Canale@dhs.state.nj.us Monday – Friday

All day

No appointment necessary

Department of Corrections Agency & Address Contact, Phone #, & email Delivery Days & Times

Edna Mahan Correction Facility

30 County Rt 513

Clinton, NJ 08809

Scott Falco

Phone: (908) 735-7111

Scott.falco@doc.nj.gov 24 hour notification required prior to delivery.

Bayside State Prison

4293 Route 47

Leesburg, NJ 08327

Joe Cook

Phone: unavailable

Joseph.cook@doc.nj.gov 24 hour notification required prior to delivery.

Southern State Correction Facil.

4295 Route 47

Delmont, NJ 08314

Michael Elliott

Phone: (856) 785-1300

Michael.elliott@doc.nj.gov 24 hour notification required prior to delivery.

South Woods State Prison 215 Burlington Rd South

Bridgeton, NJ 08302

Mark Romano

Phone: (856) 459-8124

Mark.romano@doc.nj.gov 24 hour notification required prior to delivery.

Department of Military & Veterans Affairs

Menlo Park Memorial Home

132 Evergreen Rd.

Edison, NJ 08818 Nancy Finsterbusch

Phone: (609) 530-6904

Nancy.Finsterbusch@dmava.nj.gov Variable

Paramus Memorial Home

1 Veterans Dr.

Paramus, NJ 07653 Nancy Finsterbusch

Phone: (609) 530-6904

Nancy.Finsterbusch@dmava.nj.gov Variable

Vineland Memorial Home

524 North West Blvd.

Vineland, NJ 08360 Nancy Finsterbusch

Phone: (609) 530-6904

Nancy.Finsterbusch@dmava.nj.gov Variable

Department of Law & Public Safety

Juvenile Justice Commission

Burlington St.

Bordentown, NJ 08505 Kathy Nicholson

Phone: (732) 521-0030

Kathy.Nicholson@jjc.nj.gov Variable

NJ Training School for Boys

Grace Hill Rd.

Monroe Twp., NJ 08831 Kathy Nicholson

Phone: (732) 521-0030

Kathy.Nicholson@jjc.nj.gov Variable

3.1.4 product requirements

All products awarded as meeting the specification requirements must be dated for freshness. Any product that is outdated or dated so that they cannot be consumed within a three (3) month time frame for soft cake-like items and a minimum six (6) month shelf life for the balance of the items will be rejected by the Using Agency. Nutritional information shall be made available anytime throughout the term of Blanket PO {Contract} including any extension thereof and must be provided to the Using Agency within five days upon written request.

All products awarded must meet USDA Commercial Item Descriptions (CID) as referenced in the line item description on the pricing sheets of this Bid Solicitation {RFP}. This CID information can be found at: https://www.ams.usda.gov/grades-standards/cids

The most common CID’s referenced in this Bid Solicitation {RFP} are as follows:

Monosodium glutamate is not permissible as an ingredient in any product offered in response to this Bid Solicitation {RFP}.

Any product, where stated in the line item description on the price sheets, shall meet KOSHER requirements. All preparation for these products shall be under Rabbinical supervision by a certified Rabbi and meet all GLATT religious standard criteria. Intoxicants including alcohols are prohibited ingredients in the preparation of finished products. Gelatins prepared from swine or cow are prohibited ingredients. Hydrolyzed animal protein, pork products, hydrolyzed porcine collagen, whey, and shortening are also prohibited ingredients. The Vendor’s {Contractor’s} facility may be inspected by State representatives to ensure compliance with Kosher laws, State and Federal laws, where applicable. Kosher seal shall be evident and marked clearly on packets, packages, and case.

Preservation, packaging, packing, labeling, and case marking shall be commercial. Packaging materials must be food grade quality. Packaging must be sealed to prohibit staleness, prevent exposure of the products to the elements and prevent infiltration by insects, pests or rodents.

When bulk packaging is required, where stated in the line item description on the price sheets, these items shall be provided under the Blanket PO {Contract} without single serving wrappers. As noted on the attached price sheets, certain products require non-retail style commercial/food service bulk packaging. At a minimum, these products shall be packaged within a moisture resistant food grade polyethylene or foil bag packed inside crush-resistant, stackable and recyclable corrugated boxes/cases. Internal breakage-resistant layering material(s) may also be included. Nutritional labeling must be provided on the case.

As noted on the price sheets, several products are required in single-serving packages. Each cookie, cracker, snack, bar, chip, crisp item, etc., shall be packaged in individual food-grade hermetically sealed (laminated) polyethylene or foil pouches/bags which will open easily via a tear notch or serrations to access its contents. Single serving packet/packages shall be labeled with nutritional information. Individual serving packets may be boxed in single ply cardboard boxes within shipping cartons. Full cases of products shall be shipped in crush-resistant, recyclable corrugated cartons.

3.2 Price Adjustment Review

The Vendor {Contractor} will be able to request price adjustments. Please refer to Section 5.2.1 of Bid Solicitation {RFP}.

4.0 QUOTE {PROPOSAL} PREPARATION AND SUBMISSION

4.1 General

Quotes {Proposals} including Vendor {Bidder} proposed terms and conditions may be accepted, but Vendor {Bidder} proposed terms or conditions that conflict with those contained in the State of New Jersey’s Standard Terms and Conditions (SSTC), accompanying this Bid Solicitation {RFP}, as may be amended, the Bid Solicitation {RFP} as defined in Section 2.1.1 of this Bid Solicitation {RFP}, or that diminish the State’s rights under any Blanket PO {Contract} resulting from the Bid Solicitation {RFP}, will be considered null and void. The State is not responsible for identifying conflicting Vendor {Bidder} proposed terms and conditions before issuing a Blanket PO {Contract} award. It is incumbent upon the Vendor {Bidder} to identify and remove its conflicting proposed terms and conditions prior to Quote {Proposal} submission. In the event that a Vendor {Bidder} intends to propose terms and conditions contrary to the Bid Solicitation {RFP}, these Vendor {Bidder} proposed terms and conditions shall only be considered if submitted pursuant to the procedure set forth in Section 1.3.1 of this Bid Solicitation {RFP}. Vendors (Bidders) shall not submit exceptions on the “Terms and Conditions” Tab through NJSTART. Under no circumstance is the State required to accept a Vendor’s {Bidder’s} exception to the Bid Solicitation {RFP}.

In the event that prior to Notice of Intent to Award, the Division notifies the Vendor {Bidder} of any such conflicting Vendor {Bidder} proposed term or condition and the conflict it poses, the Division may require the Vendor {Bidder} to either withdraw it or withdraw its Quote {Proposal}.

After award of Blanket PO {Contract}:

a. If conflict arises between a Vendor {Bidder} proposed term or condition included in the Quote {Proposal} and a term or condition of the Bid Solicitation {RFP}, the term or condition of the Bid Solicitation {RFP} will prevail; and

b. If the result of the application of a Vendor {Bidder} proposed term or condition included in the Quote {Proposal} would diminish the State’s rights, the Vendor {Bidder} proposed term or condition will be considered null and void.

The Vendor {Bidder} is advised to thoroughly read and follow all instructions contained in this Bid Solicitation {RFP}, including the instructions on the Offer and Acceptance Page {Signatory Page} and through all QRGs located on the NJSTART Vendor Support Page, in preparing and submitting its Quote {Proposal}.

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

The forms discussed herein and required for submission of a Quote {Proposal} in response to this Bid Solicitation {RFP} are…