M4012 Method of Operation 5.27.25.docx

Method of Operation

M4012 – Heavy Construction and Industrial Equipment May 2025

1.0 Contract Information:

Effective Dates: May 27, 2025 through July 9, 2026 with the option to renew for three (3) additional one-year periods.

2.0 Price Lists:

Using Agencies are instructed to follow the price list link published on the NASPO ValuePoint website (https://www.naspovaluepoint.org/portfolio/heavy-construction-industrial-equipment/). The price list link is also listed below.

Portfolio Contractor - NASPO ValuePoint

*Using Agencies may be required to set up an account (with Username and Password) in order to view the price list and contract information.

Please be advised that the price list and product offerings may change from time to time. Therefore, please check the NASPO ValuePoint website frequently for all ordering information.

3.0 Background/Contract Exclusions:

The State of New Jersey Division of Purchase and Property has awarded Contracts to the Contractors listed below for Heavy Construction and Industrial Equipment. The Contractors have agreed to extend the Contracts awarded to the cooperative purchasing program participants.

The Contracts awarded provide a wide range of heavy construction and industrial equipment, as detailed below:

Heavy Construction and Industrial Equipment

Tracked loaders, wheel loaders, motor graders, telehandlers, site dumpers, articulated dump haulers, backhoes, skid steers, track excavators, wheeled excavators and dozers.

The above examples are a general overview of what may be able to be ordered under the Contracts proposed for award. It is understood that not all Contracts awarded will contain all of the items listed within the examples list.

4.0 Contract Line Items and Related Information:

The Contracts consist of the following line items:

Net Line – Construction Equipment including Tracked Loaders, Telehandlers, Backhoes, Skid Steers and Track Excavators.

Contract Line 1: Each Contract will consist of a net line for the purchase of Heavy Construction and Industrial Equipment.

The aforementioned percentage discounts will be applied to the price lists published on the NASPO ValuePoint website under the Contractor’s NASPO ValuePoint contract.

Contract Line 2: Each Contract will consist of a net line for delivery charges (including expedited delivery charges, if applicable), return shipping charges or restocking fees.

Using Agencies will negotiate delivery charges and return shipping charges with the Contractor prior to the issuance of a purchase order.

5.0 Contract Selection Process:

Contract users shall make purchases from that Contractor whose Contract terms and conditions are most advantageous, price and other factors considered. Using Agency shall initiate a Contract purchase on an as-needed basis by preparing clear and unambiguous requirements for the goods and/or services to be ordered, based solely upon the Using Agency’s needs. At the time of auditing, the Using Agency will be required to demonstrate that the establishment of the purchase requirements is free from any bias or inclination against or in favor of any Contractor. Using its purchase requirements, current price list (as published on the NASPO ValuePoint website), Contract discount, and the hourly rate/task rate (if applicable), a Contract user shall determine the final purchase price for each Contract for a given price line item. The Contract user must document all phases of its Contract selection process for each purchase under any Contract resulting from this Bid Solicitation.

All documentation shall be preserved and presented to auditors upon request. This Bid Solicitation is designed to establish convenience Contracts only and not to replace the Contract selection process outlined above.

The Division's Contract Compliance and Audit Unit (CCAU) may conduct an audit of any Contract user's purchase transactions and documentation at any time during and after the Contract term.

Contract users shall report all purchases made under Contracts resulting from this Bid Solicitation to the CCAU upon request. The report shall include the reasons for selecting a particular Contract and identify the Contract user, parts description, State Contract and line #, quantity purchased and total purchase order price.

6.0 Delivery Timeframes and Delivery Charges:

There are no delivery timeframes listed under the Contracts, due, in part, to the variety of items being offered under the Contract and the potential complexity and/or custom nature of the goods and services ordered. As such, and prior to the issuance of a purchase order, the Using Agency must contact the Contractor for the delivery timeframe based on the specific items and/or services being ordered.

Contractor deliveries shall be made in strict accordance with the instructions from the Using Agency.

The Contractor shall make arrangements for delivery of products upon receipt of a purchase order. The delivery location will be specified in the purchase order.

All deliveries must be made as instructed by the Using Agency, during working hours, except on legal holidays.

Deliveries shall not be made on the following State observed holidays, which may be updated from time to time:

Using Agencies may specify alternate delivery sites and /or hours, when necessary.

The State of New Jersey will not be bound to any minimum, average or maximum order quantities during the term of the Contract, including any extensions thereof.

The Contractor shall contact the Using Agency location prior to each delivery with the estimated date and time of arrival for the product delivery and the estimated start time for any services being provided.

Please refer to the Participating Addendum, Table 11 – Pricing and Delivery, Item #58 and 59, to determine if delivery charges are included in the pricing contained on the price list or if the delivery is a separate charge. If delivery is a separate charge, Using Agencies will utilize Contract Line 2 for the payment of any delivery charges.

7.0 Dealers/Distributors and Subcontractors:

Contractors are permitted to use dealers/distributors and/or subcontractors under the Contract.

The use of any subcontractors will be listed in a separate document and published under the Attachments tab under the Contract in NJSTART.

If the Contract contains dealers/distributors, those dealers/distributors will be listed under the Contracts in the “Distributors” tab under the “Vendor” tab in NJSTART.

Contractors may add or remove dealers/distributors or subcontractors during the term of the Contract, or any extensions thereof. To add or remove dealers/distributors or subcontractors, the Contractor must to do in the form of a written request to the Procurement Specialist assigned to the Contract.

The following forms and certifications are required for the addition of a dealer/distributor:

1. New Jersey Business Registration (N.J.S.A. 52:32-44);

1. Ownership Disclosure (N.J.S.A. 52:25-24.2); https://www.state.nj.us/treasury/purchase/forms/OwnershipDisclosure.pdf

1. Disclosure of Investment Activities in Iran (N.J.S.A. 52:32-55 et seq.) https://www.state.nj.us/treasury/purchase/forms/DisclosureofInvestmentActivitiesinIran.pdf

1. Executed MacBride Principles (N.J.S.A. 52:34-12.2); https://www.state.nj.us/treasury/purchase/forms/MacBridePrinciples.pdf

1. Completed Contractor Certification and Disclosure of Political Contributions (N.J.S.A. 19:44A-20:13 et seq.); https://www.state.nj.us/treasury/purchase/forms/eo134/Chapter51.pdf

1. Disclosure of Investigations and Actions Involving Bidder https://www.state.nj.us/treasury/purchase/forms/DisclosureofInvestigations.pdf

1. Vendor Certification (P.L. 2005, c.271); https://www.state.nj.us/treasury/purchase/forms/CertandDisc2706.pdf

1. Source Disclosure Certification (N.J.S.A. 52:34-13.2); https://www.state.nj.us/treasury/purchase/forms/SourceDisclosureCertification.pdf

1. Cooperative Purchase Form; https://www.state.nj.us/treasury/purchase/forms/CooperativePurchasingForm.pdf

1. Proof of insurance as specified herein;

1. Proof of compliance with New Jersey Affirmative Action requirements (N.J.A.C. 17:27-1.1 et seq.)

10. New Jersey Form AA-302 Affirmative Action Employee Information Report; or New Jersey Affirmative Action Certificate; or Federal Affirmative Action Approval Letter. http://www.nj.gov/treasury/purchase/forms/AA_%20Supplement.pdf.

The forms can be found on the Division of Purchase and Property website at: https://www.state.nj.us/treasury/purchase/forms.shtml

8.0 Contract Contact Information and References:

Volvo Construction Equipment North America, LLC

Kathy Tedone

Email: Kathy.tedone@volvo.com

Phone: (828)-337-3722

Website: www.volvocegovernment.com

Doosan Bobcat North America, Inc.

Kristie Willett

Email: kristie.willett@doosan.com

Phone: (704)-883-3772

Website: www.bobcat.com