26-540

SPECIFICATIONS FOR

HOUSEHOLD HAZARDOUS WASTE CLEANUP DAYS

COUNTY OF MIDDLESEX

OFFICE OF THE PURCHASING AGENT

75 BAYARD ST., 3RD FLOOR

NEW BRUNSWICK, NJ 08901

RELEASE DATE: September 1, 2026

RESPONSE DEADLINE: September 23, 2026, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/middlesexcountynj

COUNTY OF MIDDLESEX

BID 26-540

SPECIFICATIONS FOR

HOUSEHOLD HAZARDOUS WASTE CLEANUP DAYS

I. NOTICE TO BIDDERS

II. INTRODUCTION

III. SUBMISSION OF BIDS

IV. BID SECURITY

V. GENERAL INFORMATION

VI. STATUTORY AND OTHER REQUIREMENTS

VII. DETAIL SPECIFICATIONS

VIII. VENDOR QUESTIONNAIRE

IX. BID SHEET

1. NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that bids shall be received electronically no later than Wednesday, September

23, 2026, at 10:00 am prevailing time, for the HOUSEHOLD HAZARDOUS WASTE CLEANUP DAYS AS

REQUIRED BY THE COUNTY OF MIDDLESEX.

Bids shall be submitted electronically via Middlesex County's Electronic Procurement Portal https://procurement.opengov.com/portal/middlesexcountynj

Legal notices issued by the County of Middlesex are available for public viewing on our Current Legal

Notices webpage at https://www.middlesexcountynj.gov/government/public-notices and the official

Secretary of State’s Legal Notices Website at https://www.nj.gov/state/statewide-legal-notices-list.shtml free of charge.

The bid opening will be live-streamed via Zoom. Zoom meeting information can be found in the

Introduction section under the Timeline (Bid Submission Deadline).

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and P.L. 1975 C. 127

(N.J.A.C. 17:27-1 et seq.) regarding equal employment opportunities and with the requirements of P.L.

1977 C.33 regarding corporate and/or partnership ownership.

The right to reject any and all quotes is reserved in accordance with applicable law.

By order of the Board of Commissioners of the County of Middlesex.

ALEXANDRA LOPEZ, QPA, RPPS

QUALIFIED PURCHASING AGENT

2. INTRODUCTION

2.1. Summary

It is the intention of these specifications to provide to prospective bidders the requirements for five (5)

Household Hazardous Waste (HHW) Collection Events for the County of Middlesex as required by the

Middlesex County Department of Public Safety and Health, Division of Solid Waste Management

(DSWM).

2.2. Contact Information

Jeremy Vajda

Specification Writer

Office of Purchasing

75 Bayard Street - 3rd Floor

New Brunswick, NJ 08901

Email: jeremy.vajda@co.middlesex.nj.us

Phone: (732) 498-9770

Department:

Office of Purchasing

Department Head:

Alexandra Lopez

Purchasing Agent

2.3. Timeline

PLEASE SEE ZOOM MEETING INFORMATION BELOW TO VIEW THE BID OPENING

Bid Release Date September 1, 2026

Bid Submission Deadline September 23, 2026, 10:00am

Jeremy Vajda is inviting you to a scheduled Zoom meeting.

Join Zoom Meeting https://us04web.zoom.us/j/74930901789?pwd=U mj9w7fApTorSLMmwtNrXzCPDaNhBw.1

Meeting ID: 749 3090 1789

Passcode: 5zduLx

3. SUBMISSION OF BIDS

3.1. BID SUBMITTAL

Bids shall be submitted electronically to the County of Middlesex, hereinafter referred to as “owner”, in accordance with public advertisement as required by law, via the Middlesex County's Electronic

Procurement Portal (https://procurement.opengov.com/portal/middlesexcountynj/).

Unofficial bid prices will be available at the above portal site shortly after 10:00 am on Wednesday, September 23, 2026.

It is the bidder's responsibility to see that bids are submitted at the time designated. Any bids attempted to be submitted after said designated time shall be automatically rejected by Middlesex County's

Electronic Procurement Portal.

ALL BIDDERS ARE URGED TO MAKE SURE BIDS ARE SUBMITTED PRIOR TO THE DUE DATE.

Bids submitted prior to the designated date and time for submission may be withdrawn and, if desired, modified and resubmitted. Received opened bids shall remain firm for a period of sixty (60) calendar days.

More than one (1) bid from an individual, a firm or partnership, a corporation or association under the same names shall not be considered.

All prices shall be entered on the Bid Sheet, which is part of these specifications.

Middlesex County is not responsible for specifications supplied by a third party. Potential bidders are cautioned that they are bidding at their own risk if a third-party supplied specifications that may not be complete.

3.2. BID FORMS

Each Price Certification Signature Form shall give the full business address, business phone, fax, e-mail if available, the contact person of the bidder, and be signed by an authorized representative as follows:

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

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

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

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

THE PRICE CERTIFICATION SIGNATURE FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE

3.3. PAY-TO-PLAY DISCLOSURE

Pay-to-Play Disclosure - Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

3.4. RIGHT TO POSTPONE

The County reserves the right to postpone the date for presentation and opening of bids and shall give notice via the County’s Electronic Procurement Portal of any such postponement to the bid as required by law.

Disclaimer - The terms “Bidder”, “Contractor”, “Vendor”, "Proposer", may be used interchangeably herein and are meant to reference the entity submitting the bid.

4. BID SECURITY

4.1. BID GUARANTEE

Bidder shall submit with the bid a certified check, cashier’s check, or bid bond in the amount of ten percent (10%) of the total bid price, but not in excess of $20,000.00, payable unconditionally to the

County of Middlesex.

BID GUARANTEE SUBMITTAL DIRECTIONS FOR EPROCUREMENT SYSTEM

• If a check is to be submitted, the electronic submittal shall include a copy of the check and the original check shall be delivered to the Middlesex County Office of Purchasing, 75 Bayard St., 3rd

Floor, New Brunswick, NJ 08901, Attention: Purchasing Agent. The check MUST be received no later than the bid submission date and time.

• If a Bid Bond is to be submitted, the electronic submittal shall include a copy of the Bid Bond and the original bond shall be delivered to the Middlesex County Office of Purchasing, 75 Bayard St., 3rd Floor, New Brunswick, NJ 08901, Attention: Purchasing Agent. The Bid Bond MUST be received no later than the bid submission date and time.

• SPECIFIC DELIVERY INSTRUCTIONS ARE AS FOLLOWS:

The Bid Bond or Certified Check must be enclosed in a sealed envelope bearing the name and identifying information of the project and the name and address of the bidder on the outside, and addressed to the

Purchasing Agent of Middlesex County.

A Bid Bond or Certified Check that is sent via US Postal Services, delivery service or hand delivered (prior to the opening date and time) shall be addressed to: “Middlesex County Purchasing Agent, 75 Bayard

Street, 3rd Floor, 75 Bayard Street, New Brunswick, NJ 08901.

If a bidder chooses to deliver the Bid Bond or Certified Check in person, the package MUST be received prior to the bid opening date and time by having the person delivering the package request that the

Middlesex County Administration Building Security Desk contact the Purchasing Office. A member of the

Purchasing Office staff will come to the Security Desk to receive the package and provide a receipt if requested.

When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the County.

The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to statute. A non conforming bid guarantee or failure to submit required guarantee shall be cause for rejection of the bid.

4.2. CONSENT OF SURETY

Bidder shall submit with the bid, a Certificate (Consent of Surety) with Power of Attorney for the full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the County, stating that it shall provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained to confirm that the bidder to whom the contract is awarded shall furnish Performance and Payment bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to statute.

Failure to submit a Consent of Surety form shall be cause for rejection of the bid.

CONSENT OF SURETY SUBMITTAL DIRECTIONS FOR EPROCUREMENT SYSTEM

The electronic submittal shall include a copy of the Consent to Surety and the original shall be delivered in accordance with the following instructions:

• The Consent to Surety must be enclosed in a sealed envelope bearing the name and identifying information of the project and the name and address of the bidder on the outside, and addressed to the Purchasing Agent of Middlesex County.

• A Consent to Surety that is sent via US Postal Services, delivery service or hand delivered (prior to the opening date and time) shall be addressed to the following:Middlesex County Purchasing

Agent75 Bayard Street, 3rd FloorNew Brunswick, NJ 08901

4.3. PERFORMANCE BOND

Successful bidder shall, simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract.

The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A.

17:31-5.

Failure to submit a performance bond with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A:11-22.

Directions for submitting the Performance Bond will be provided upon award of a contract.

5. GENERAL INFORMATION

5.1. MIDDLESEX COUNTY QUALIFIED BUSINESS ENTERPRISE SET-ASIDE

PROGRAM

Middlesex County has established a Qualified Business Enterprise Set-Aside Program to promote and encourage diversity in the County’s procurement of goods, services and construction as it relates to

Qualified Minority Business Enterprises, Qualified Women Business Enterprises, Qualified Veteran

Business Enterprises, and Qualified Small Business Enterprises (collectively referred to as “Qualified

Business Enterprises”).

The County undertakes good faith efforts to contract with these Qualified Business Enterprises and encourage prime contractors to utilize subcontractors who are Qualified Business Enterprises. The

County has established a goal to collectively award 20% of its contracts to Qualified Business

Enterprises.

Vendors who are Qualified Business Enterprises shall submit their State of New Jersey Certifications with their bid or proposal.

5.2. QUOTATIONS, BIDS, AND FORMS

There are two (2) forms required as part of your price submittal; (1) the Bid Sheet and (2) the Price

Certification Signature form. The Bid Sheet can be found elsewhere in this bid document and shall be used to enter all price information. You only need to enter the Unit Price of each item and the system will calculate the Total Price. No other form of submitting prices will be accepted. The Price

Certification Signature form, which can be found at VENDOR QUESTIONNAIRE, certifies that the prices are correct, and shall be completed and uploaded.

Bidders shall not alter the official content or requirements of the County bid documents.

Vendor’s literature and/or pricing sheets shall not be accepted in lieu of completing the bid blank(s) set forth in these specifications except where specified. e.g. catalogs.

Estimated Quantities (Open-Ended Contracts, Purchase as Needed). The County has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, the amount ordered may differ from that submitted for bidding. The County reserves the right to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and § 11.10. NO

MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

Bidder shall insert prices for furnishing all of the material and/or labor as described. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the County. No additional charges shall be allowed for any transportation costs resulting from partial shipments made at vendors’ convenience, when a single shipment is ordered.

Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. This cost shall be included in the pricing submitted on the Bid Sheet.

Any bidder may withdraw their bid at any time prior to the bid submission date and time. Bids may be withdrawn, modified, and resubmitted at any time prior to the submission date and time.

No bid shall be withdrawn in the 60-day period after the bids are received, except public works bids, which shall be withdrawn in accordance with N.J.S.A. 40A:11-23.3.

All forms shall be completed and submitted as required. PLEASE SEE THE BID DOCUMENT CHECKLIST.

Alternate bids shall not be considered for any potential award of contract in respect to these bid specifications.

5.3. SIGNATURES

All signatures submitted shall consist of either scanned reproductions of original signatures or digital signatures that are timestamped. No other forms of electronic signatures will be accepted.

5.4. INTERPRETATIONS AND ADDENDA

The bidder understands and agrees that its bid is submitted based on the specifications prepared by the

County. The bidder accepts the obligation to become familiar with these specifications.

By submitting a bid, the bidder covenants and agrees that they have satisfied themselves from their own investigation of the conditions to be met, that they fully understand their obligations, and that they shall not make any claim for, or have right to, cancellation or relief, without penalty of the Contract, because of any misunderstanding or lack of information.

Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Agent. In the event the bidder fails to notify the County of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.

No oral interpretation and/or clarification of the meaning of the specifications shall be made to any bidder. Every request for an interpretation shall be in writing, addressed to the Purchasing Agent and/or the Purchasing staff member listed in the specifications. To be given consideration, written requests for interpretation shall be received at least five (5) business days prior to the date fixed for the opening of the bids.

All such interpretations, clarifications and any supplemental instructions shall be in the form of written addenda to the specifications, and shall be distributed to all prospective bidders, in accordance with legal authority. All addenda issued shall become part of the contract documents and shall be acknowledged by the bidder in the bid submission. The County’s interpretations or corrections thereof shall be final.

Addenda shall be provided pursuant to the time and manner required by N.J.S.A. 40A:11-23(c)(1). The

Acknowledgement of Receipt of Addenda shall be confirmed prior to submission of bid.

5.5. BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE, PATENTS

Brand names and/or descriptions used in these specifications are to acquaint bidders with the type of goods and services desired and shall be used as a standard by which alternate or competitive materials offered shall be judged. Competitive items shall be equal to the standard described and be of the same quality of work. Variations between materials described and the materials offered are to be fully explained by the bidder on a separate sheet and submitted with the bid. After requested by the County, failure to provide same shall be cause for rejection. Vendor's literature shall not suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it shall be presumed and required that materials as described in the bid be delivered.

In the event the bidder takes exception to any part of the bid specifications, such exceptions shall be clearly identified in the bidder’s response on the Exceptions Form included in this bid package. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered and submit the equivalent product, when requested by the County. The County reserves the right to evaluate the equivalency of a product which, in its deliberations, meets its requirements.

Any bidder not submitting a product for testing understands and agrees that the County shall consider the bid informal and in the discretion of the County, shall accept or reject same or require proof of equivalency by an outside laboratory at the cost and expense of the bidder. If the County accepts a product claimed to be "equivalent" and after use it proves not to be "equivalent," the County shall have the right to cancel the Contract, return any unused goods, and the bidder shall be responsible to the

County for all damages and additional costs incurred by the County. The determination of equivalency shall be solely that of the County.

If prospective bidders are providing prices on non-specified equipment, they shall provide the manufacturer's name, model number, and price and upload a document specifically identified with this information by with their bid submittal.

The bidder guarantees that the item is of first quality throughout and complies in all respects to the standards regularly sold by the manufacturer in the lines ordered. All items shall be guaranteed for at least one (1) year after date of acceptance or if the manufacturer prescribes a guarantee of greater duration, the latter time period of the guarantee shall control. Defective or inferior goods shall be replaced at the expense of the vendor. The vendor shall be responsible for return freight or restocking charges.

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

Unless called for in the bid specifications, please indicate on the Exceptions Form when recycled products are being offered in lieu of unused products. No products offered shall include fracking waste.

5.6. AWARD OF BID

The Board of County Commissioners reserves the right to accept or reject any or all bids, to waive identified irregularities and technicalities, and to award in whole or in part to the lowest responsible bidder, if it is in the best interest of the County to do so. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular shall be rejected, and any bid accompanied by any insufficient or irregular certified check, cashier's check or bid bond shall be rejected.

The County further reserves the right to award each item separately to the lowest responsible bidder meeting specifications or to make an award based on the total bid to the bidder, whose total sum is the low bid meeting the specifications, whichever in the awarding authorities' opinion is in the best interest of the County. Without limiting the generality of the foregoing, the County reserves the right to award a contract based on either option that shall be described in the bid or based on any combination thereof.

The County reserves the right to award equal or tie bids at their discretion to any one of the tie bidders.

Should the bidder, to whom the contract is awarded, fail to enter into a contract, the County shall then, at its option, accept the bid of the next lowest responsible bidder.

Any contract resulting from this solicitation shall be interpreted in accordance with the laws of the State of New Jersey.

5.7. FIRM FIXED CONTRACT

This is a firm fixed contract, prices firm, FOB destination. No price escalation shall be allowed unless specified elsewhere in these specifications. The contract shall be void and the County shall solicit a new contract should any price increase or surcharge be imposed.

5.8. FORM OF CONTRACT

It is understood that the bid specifications, the bid which is submitted in response thereto and the resolution adopted by the Middlesex County Board of County Commissioners accepting the bid, shall collectively constitute a binding contract between the County of Middlesex and the successful bidder.

Government entities are not private business/consumer clients; therefore, separate company agreements are not honored unless they are submitted with the bid and approved by County Counsel.

Terms of the specifications/bid package prevail unless otherwise noted by the vendor as exceptions.

5.9. FEDERAL AND STATE TAXES

The owner is exempt from any local, state, or federal sales, use or excise tax. The owner will not pay for

N.J. State Sales and Use Tax that are included in any invoices.

Exemption Certificates will be furnished upon request by the Director of Purchasing.

5.10. COMPLIANCE WITH LAWS & LEGAL INTERPRETATION

Bidders shall comply with all laws relating to sale of and purchase by County Governments and

Municipal Corporations insofar as they pertain to the purchase made under this Contract and shall pay prevailing wages as provided by law.

Any contract resulting from this bid shall be governed by and construed and enforced in accordance with the laws of the State of New Jersey without regard to principles of conflict of laws, except that

Federal law shall apply as to matters where New Jersey law is preempted by Federal law. The bidder agrees and consents to be subject to the exclusive jurisdiction and venue of State or Federal courts, as appropriate, located in New Jersey in any suit, action, or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Contract.

5.11. FAILURE TO PERFORM, REMUNERATION OF INSPECTORS

If any wages are required to be paid by the County to any inspector or inspectors necessarily employed by it or any work required by these specifications for any number of days more than the number allowed in these specifications for performance of the work, the County shall deduct from the contract price any such wages paid or to be paid.

5.12. PAYMENTS TO SUBCONTRACTORS AND MATERIALMEN

The successful bidder and/or its bonding company shall be responsible for indemnifying and holding the

County of Middlesex harmless from all actions instituted by subcontractors and/or materialmen for the failure by the contractor or its bonding company to make timely payment for work provided to the contractor or bonding company. The contractor and/or bonding company shall further be responsible for payment for all services provided by any consultant or agent of Middlesex County in connection with any suit or action filed by a subcontractor or materialman.

5.13. PROTECTION OF ITEMS & PROPERTY

The successful bidder shall continuously maintain adequate protection for all their items and the

County’s property from injury, damage or loss arising in connection with the Contract. They shall make good such damage, injury or loss.

5.14. TIME FOR CONTRACT AWARD AND BID REJECTION

METHOD OF CONTRACT AWARD - The length of the contract shall be stated in the technical specifications. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid. The County shall also elect to award the contract on the basis of unit prices. The form of contract shall be submitted by the County to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions shall be formally accepted by the County.

The award of the contract(s) or the rejection of the bid(s) shall be made within sixty (60) days of the date of opening of bids. If the County deems it to be in its best interest to extend the time within which to award the contract by an additional thirty (30) days, it shall request, in writing, that each bidder consent to such extension. Any bidder who agrees to such extension shall so signify by advising the

County, in writing, within three (3) days after the receipt of the County’s request. In the event of such extension, the County shall make the award or reject such bids on or before the 90th day after the date of opening of the bids.

CAUSES FOR REJECTING BIDS - Bids shall be rejected for any of the following reasons:

A. All submitted bids pursuant to N.J.S.A. 40A:11-13.2;

1. The lowest bid substantially exceeds the cost estimates for the goods and services;

2. The lowest bid substantially exceeds the contracting unit’s appropriation for the goods or services;

3. The governing body of the contracting unit decides to abandon the project for provision or performance of the goods or services;

4. The contracting unit wants to substantially revise the specifications for the goods or services;

5. The purposes or provisions or both of P.L. 1971, c.198 (C.40A:11-1 et seq.) are being violated;

6. The governing body of the contracting unit decides to use the State authorized contract pursuant to section 12 of P.L.1971, c.198 (C.40A:11-12).

B. If more than one bid is received from an individual, firm or partnership, corporation or association under the same name;

C. Multiple bids from an agent representing competing bidders;

D. The bid is inappropriately unbalanced;

E. The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative Experience;

or, F. If the successful bidder fails to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, or as otherwise agreed upon by the parties to the contract. In this case at its option, the owner shall accept the bid of the next lowest responsible bidder. (N.J.S.A. 40A:11-

24b)

5.15. PAYMENT & PROMPT PAYMENT CLAUSE

Payment shall be made, and interest shall bear, in accordance with NJSA 40A:11-19.1, after a properly executed County voucher/PO has been received and formally approved on the bill list by the Board of

County Commissioners at its regular meetings on the first and third Thursdays of the month (unless advertised otherwise). The voucher/PO shall be certified correct by the department/division head who received the goods or services.

Where a vendor provides continuous services, invoices shall be held by the vendor and submitted monthly.

Bidders are invited to offer prompt payment discounts for invoices that are processed and paid within thirty (30) days of the receipt of the invoice. This discount shall not have any effect or bearing on the method of award. To be accepted, the prompt payment offered by the vendor shall not be less than 1%.

Discounts shall be in whole numbers only (1%, 2%, etc.). If the vendor chooses to offer a prompt payment discount, it shall be entered on the bid sheet in the appropriate place.

Middlesex County shall receive a discount equal to a percentage (as set forth on the PRICE

CERTIFICATION SIGNATURE FORM) of the amount of each invoice processed and paid within thirty (30) days of the receipt of the fully executed and correct invoice. “Processed and Paid” shall mean the issuance of a check and the mailing of same on or before the 30th day. The discount shall be deducted from the amount of the invoice and a net check issued to the vendor. The discount listed shall not have any effect or bearing on the method of award of the contract.

5.16. MULTI YEAR CONTRACTS

Multi-Year Contracts as awarded shall be subject to the availability and appropriation annually of sufficient funds required to meet any award obligation extending beyond a twelve (12) month period.

This is in accordance with Local Public Guidelines and Contract Regulations.

5.17. ASSIGNMENT, ACQUISITION, MERGE, SALE AND/OR TRANSFER OF

BUSINESS, ETC.

The bidder shall not assign, transfer, convey, sublet or otherwise dispose of the Contract, or their rights, title, or interest in or to the same of any art thereof, without previous consent, in writing by the County, endorsed upon or attached to each copy of the Contract; and they shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the Contract, unless by and with consent signified in like manner.

If the bidder shall, without such previous written consent, assign, transfer, convey, sublet or otherwise dispose of the Contract in whole or in part or of their right, title or interest therein, or any of the monies to become due under the Contract to any person, firm or corporation, the Contract shall, at the option of the County, be revoked and annulled, and the County thereupon relieved and discharged from any and all liability and obligations growing out of the same to the bidder and to their assignee or transferee, provided that nothing herein contained shall be construed to hinder, prevent or affect an assignment by the bidder for the benefit of their creditors made pursuant to the statutes of the State of New Jersey;

and no right under this Contract or to any money to become due hereunder, shall be asserted against the owner in law or in equity by reason of any so-called assignment of this contract, or any part thereof, or any monies to grow due hereunder unless authorized as aforesaid by the written consent of the

County.

It is understood by all parties that if, during the life of the contract, the contractor disposes of their business concern by acquisition, merger, sale and/or transfer or by any means convey their interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) shall be required to submit, when required, a performance bond in the amount of the open balance of the contract.

5.18. AMENDMENTS TO “TRUTH IN CONTRACTING” N.J.S.A. 2C: 21-33 et. seq.

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

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

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

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

5.19. NON-ALLOCATION OF FUNDING TERMINATION

Each fiscal year payment obligation of the County is conditioned upon the availability of County funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Contractor hereunder, whether in whole or in part, the County at the end of any fiscal year shall terminate such services. The County shall notify the

Contractor in writing immediately of any services that shall be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the County to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party contractor.

5.20. NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS

Public funds shall be used to pay only for goods delivered or services rendered. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the County to pay additional fees. Pursuant to N.J.S.A. 40A:11-19.1, unless otherwise agreed to, the required payment date shall be sixty (60) calendar days from the date specified in the contract or if no required payment is specified in the contract, then the required payment date shall be sixty (60) calendar days from the receipt of a properly executed invoice, or sixty (60) calendar days from the receipt of goods or services, whichever is later. Interest shall not be paid unless goods and services are rendered and the County is in receipt of a properly executed invoice, including all supporting documentation. Interest shall be paid at the rate specified by the State Treasurer for late payments to business concerns pursuant to N.J.S.A. 52:32-35. A contracting unit may waive the interest payment for a delinquency due to circumstances beyond the control of the contracting unit, including but not limited to a strike or natural disaster.

5.21. W-9

Each bidder shall submit a copy of its W-9 Request for Taxpayer Identification Number and Certification to the Middlesex County Office of Purchasing either at the time of the bid opening, or within three (3) days after notification from the Office of Purchasing that a contract is to be awarded to your company/corporation. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf

W-9 SAMPLE CAN BE FOUND IN VENDOR QUESTIONNAIRE

5.22. HIPAA (If Applicable)

All parties agree to comply with all requirements of the Federal Health Insurance Portability and

Accountability Act of 1996 (“HIPAA”), Pub.L. 104–191, 110 Stat. 1936, as amended, and the corresponding HIPAA regulations for the confidentiality and security of medical information.

The Contractor shall:

• Not use or disclose protected health information other than permitted or required by law

• Use appropriate safeguards to protect the confidentiality of the information

• Report any use or disclosure not permitted

The contractor, by execution of the contract, shall thereby indemnify and hold the County harmless from any and all liabilities, claims, actions, costs and penalties which shall be incurred as the result of the failure of the contractor to comply with the requirements of HIPAA or any other statute or case law protecting the privacy of persons using its services.

5.23. ACCIDENTS, INJURIES, DAMAGES

If it becomes necessary for the vendor, either as principal or by agent or employee, to enter upon the premises or property of the County in order to construct, erect, inspect, make delivery or remove property hereunder, the vendor hereby covenants and agrees to take, use, provide and make all proper, necessary and sufficient precaution, safeguards and protections against the occurrence of happenings of any accidents, injuries, damages or hurt to any person or property during the progress of the work herein covered, and to be responsible for, and to indemnify and hold harmless the County from the payment of all sums of money by reason of all, or any, such accidents, injuries, damages or hurt that shall happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any city or borough ordinance regulation, or the laws of the State, or the United

States, while the said work is in progress.

Contractor shall carry insurance to indemnify the County against any claim for loss, damage or injury to property or persons arising out of the performance of the Contractor or their employees and agents of the services covered by the Contract and the use, misuse or failure of any equipment used by the

Contractor or their employees or agents and shall provide certificates of such insurance to the County.

5.24. INSURANCE AND INDEMNIFICATION - GOODS & GENERAL SERVICES

To the fullest extent permitted by law, the Vendor shall indemnify, defend, and hold harmless the

County, and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The County of Middlesex is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the

County. However, the County is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-

1, et seq. and available appropriations. The County assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.

The Vendor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the County named as additional insured.

The Vendor shall procure and maintain, at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the County, with limits not less than those shown below. The Certificate of Insurance shall be filed with the County prior to award of the contract. Failure to submit same shall be grounds for rescission of the contract.

1. Commercial General Liability (CGL): Coverage on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The County of Middlesex, its officers, officials, employees, agents and volunteers shall be included as an additional insured.

2. Automobile Liability: Covering any auto, or if Contractor has no owned autos, hired, and non-owned autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: As required by the State of New Jersey, with Statutory Limits, and

Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that insurance coverages shall be provided on a primary and non-contributory basis to the County of

Middlesex, its officers, officials, employees, agents and volunteers.

Any combination of primary and umbrella/excess may be used to satisfy the limits.

SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE

5.25. TERMINATION

RESCISSION - The County of Middlesex reserves the right to rescind any contract which it has awarded, prior to the commencement of work under said contract. The right to rescind shall be exercised by the

County of Middlesex when, in its sole discretion, it determines that rescission is in the best interests of the County. The County shall reimburse the contractor for reasonable out-of-pocket expenses which were incurred between the time the contract was awarded and the date of rescission.

COUNTY’S RIGHT OF CANCELLATION -The County of Middlesex shall have the right to cancel the

Contract entered into with the successful bidder(s) at any time during the Contract Period with a thirty

(30) day Notice of Cancellation.

CONTRACTOR DEFAULT – The Middlesex County Board of County Commissioners shall have the right in case of failure, neglect, or the refusal of the contractor to do the work specified satisfactorily, to terminate the Contract at the expiration of a three (3) day written notice to the contractor and surety served upon them at their last known address according to the records of the County of Middlesex. At the expiration of said notice, the County shall, at its option, proceed to perform said work itself or enter into a Contract for the performance thereof for the balance of the term provided, however, that the person, firm, or corporation chosen by the surety is approved by the County. Where the County proceeds to perform the work itself or enters into a Contract for the performance for the balance of the term, the County shall deduct the cost thereof from the payments due to or grown due and the contractor shall be liable for such deficiency. If the County shall declare the said Contract in default, in the whole or in any particular, such declaration of default shall in no way relieve or affect the liability of the contractor and his surety for breach of any of the covenants and conditions of said Contract.

CONTRACTOR FINANCIAL DEFAULT - If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the County shall terminate this contract. If the Contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed with work of this contract, the County shall give the Contractor fifteen (15) calendar days written notice.

Upon receipt of such termination notice, the Contractor shall be allowed seven (7) calendar days to cure such deficiencies.

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

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

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

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

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

5.26. ADDITIONS/DELETIONS OF SERVICE & QUANTITIES

The County reserves the right to add and/or delete services to this contract. Should a service requirement be deleted, payment to the Contractor shall be reduced proportionally to the amount of service deleted in accordance with the bid price. Should additional services be required, payment to the

Contractor shall be increased proportionally to the amount of service added in accordance with the bid price.

5.27. SPECIFICATION CHALLENGES

Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the Director of Purchasing no less than three (3) business days prior to the opening of the bids.

Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of contract.

5.28. OWNERSHIP OF MATERIAL

The County shall retain all its rights and interest in any and all documents and property, both hard copy and digital, furnished by the County to the contractor for the purpose of assisting the contractor in the performance of this contract. All such items shall be returned immediately to the County at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first.

None of the documents and/or property shall, without the written consent of the County, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.

Ownership of all data, materials and documentation originated and prepared for the owner pursuant to this contract shall belong exclusively to the County. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the owner upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without prior written consent of the County. All information supplied to the County shall be required to be supplied on electronic media compatible with the County’s most current computer operating system.

5.29. PAYMENT OF COMMODITIES/SERVICES

Payments shall be made upon the approval of vouchers/purchase orders submitted by the successful vendor in accordance with the requirements of the Board of County Commissioners and subject to the

Board of County Commissioners customary procedures. The successful vendor shall submit one voucher/purchase order and original invoice on a monthly basis accompanied by a detailed summary of the monthly activities.

5.30. PUBLIC EMERGENCY

In the event of a Public Emergency declared at the Local, State or Federal Level, if the County opts to extend terms and conditions of this bid, the contractor agrees to extend the terms and conditions of this bid, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original contractor cannot meet this requirement, the

County shall solicit the goods and/or services from any bidder on this contract.

5.31. STATE OF NEW JERSEY’S RIGHT TO AUDIT

N.J.A.C. 17:44-2.2 provides the State of New Jersey the authority to audit or review contract records.

The contractor shall maintain all documentation related to products, transactions, or services under this contract for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

5.32. CONTENTS OF BID SUBMISSION

Subsequent to bid submission date and time, all information submitted by bidders in response to the bid solicitation is considered public information, except as shall be exempted from public disclosure by the

Open Public Records Act, N.J.S.A. 47:1A-1 et seq., (“OPRA”), or other applicable law.

A bidder shall designate specific information as not subject to disclosure when the bidder has a good faith legal/factual basis for such assertion (e.g. trade secrets, proprietary information, or information that is otherwise recognized by law as privileged or confidential). The County reserves the right to request further information regarding the nature of the claim of confidentiality and to make the determination whether it is subject to disclosure, and shall advise the bidder accordingly. The location in the bid of any such designation should be clearly stated in a cover letter uploaded with the bid submission. The County shall not honor any attempt by a bidder either to designate its entire bid as proprietary and/or to claim copyright protection for its entire bid.

The bidder shall commit in writing to assist the County’s effort to protect the confidentiality of the documents and/or information and be responsible for any and all costs pertaining to any such OPRA request for disclosure or a challenge to the confidentiality of the documents/information. A claim for confidentiality should be separate from the bid but should accompany the bidder’s submission of the bid.

By signing the Price Certification Signature form, the bidder waives any claims of copyright protection set forth within the manufacturer's price list and/or catalogs. The price lists and/or catalogs shall be accessible to the County and its cooperative purchasing partners (if applicable) and thus shall be made public to allow all eligible purchasing entities access to the pricing information.

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