NJSTART Frozen Juices 62016 working copy~2.doc

Bid Solicitation/Request for Proposal

Bid #: 16DPP00023

and Support Services (DSS)

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

Mandatory/Optional Pre-Quote {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

FORMCHECKBOX

Not Applicable

FORMCHECKBOX

Entire Contract

FORMCHECKBOX

Partial Contract

FORMCHECKBOX

Subcontracting Only Category

FORMCHECKBOX

I

FORMCHECKBOX

II

FORMCHECKBOX

III

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

State of New Jersey

Department of the Treasury

Department of the Treasury Division of Purchase and Property

Distribution and Support Services (DSS) Trenton, New Jersey 08625‑0230

Trenton, NJ 08625-0234 Date: September 2, 2016 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

61.3.2 SUBMISSION OF QUOTE {PROPOSAL}

61.3.3 NJSTART

71.3.4 ELECTRONIC SIGNATURES

71.3.5 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

81.4.3 COST Liability

81.4.4 CONTENTS of QUOTE {Proposal}

81.4.5 ANNOUNCEMENT OF QUOTE {PROPOSAL} INFORMATION

91.4.6 PRICE Alteration In Hard copy QUOTES {proposals}

91.4.7 QUOTE {proposal} ERRORS

101.4.8 JOINT Venture

101.4.9 Reciprocity for Jurisdictional Vendor {Bidder} Preference

111.4.10 QUOTE {PROPOSAL} ACCEPTANCES AND REJECTIONS

111.5 PRICE List and/or catalog pricing

122.0 DEFINITIONS

122.1 CROSSWALK

122.1.1 General Definitions

142.2 BLANKET PO {contract}-specific definitions/ACRONYMS

153.0 COMMODITY DESCRIPTION/SCOPE OF WORK

153.1 item description/PRODUCT SPECIFICATIONS

183.2 DELIVERY

203.3 CASE AND CARTON REQUIREMENTS

203.4 Price adjustment Review

213.5 PrODUCT SUBSTITUTION

224.0 QUOTE {PROPOSAL} PREPARATION AND SUBMISSION

224.1 General

224.2 QUOTE {Proposal} Delivery and Identification

234.3 NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

234.3.1 NJSTART SUBMISSION OF QUOTE {PROPOSAL}

234.3.2 hard copy SUBMISSION

234.4 Quote {Proposal} Content

244.4.1 Forms, rEGISTRATIONS and CERTIFICATIONS required with the quote {Proposal}

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

284.4.3 SUBmittals

304.4.5 PRICE schedule/SHEET

324.4.6 COOPERATIVE PURCHASING PROGRAM

335.0 SPECIAL CONTRACTUAL TERMS AND CONDITIONS

335.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS

335.2 BLANKET PO {Contract} Term and Extension Option

335.2.1 Price adjustment Review

365.3 BLANKET PO {Contract} Transition

365.4 CHANGE ORDER {Contract AMENDMENT}

365.5 Vendor {contractor} Responsibilities

365.6 Claims and Remedies

365.6.1 Claims

365.6.2 Remedies

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

375.7 Items Ordered and Delivered

375.8 MANUFACTURING/PACKAGING REQUIREMENTS

375.9 ELECTRONIC PAYMENTS

375.10 Substitution or Addition of SubCONTRACTOR(s)

375.11 Additional Work and/or Special PROJECTS

385.12 BLANKET PO {Contract} Activity Report

385.13 PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES

385.14 DISCLOSURE OF PRODUCT COMPOSITION

385.15 ACCESSIBILITY COMPLIANCE

385.16 News Releases

395.17 Advertising

406.0 QUOTE {PROPOSAL} EVALUATION

406.1 RIGHT TO WAIVE

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

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

406.4 STATE'S RIGHT TO REQUEST FURTHER INFORMATION

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

416.6 Evaluation Criteria

416.6.1 QUOTE {PROPOSAL} discrepancies

416.6.2 Evaluation of the QUOTES {proposals}

426.7 Negotiation and Best and Final Offer (BAFO)

426.8 “REQUEST FOR REVISION” WITHIN NJSTART

426.9 POOR PERFORMANCE

447.0 BLANKET PO {CONTRACT} AWARD

447.1 DOCUMENTS REQUIRED BEFORE BLANKET PO {CONTRACT AWARD}

447.1.1 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)

457.1.2 SOURCE DISCLOSURE REQUIREMENTS

457.1.3 Affirmative Action

457.1.4 BUSINESS REGISTRATION

457.2 FINAL BLANKET PO {CONTRACT} AWARD

457.3 INSURANCE CERTIFICATES

457.4 Performance SECURITY

468.0 BLANKET PO {CONTRACT} ADMINISTRATION

468.1 state CONTRACT MANAGER

468.1.1 state contract manager responsibilities

468.1.2 Coordination with the State Contract manager

47State 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 Distribution and Support Services (DSS). The purpose of this RFP is to solicit Quotes {Proposals} for various frozen juices which will be made available and delivered by the Vendor {Contractor} to Distribution and Support Services (DSS).

The intent of this Bid Solicitation {RFP} is to award a Master Blanket Purchase Order (Blanket PO) {Contract} to that responsible Vendor {Bidder} whose Quote {Proposal}, conforming to this Bid Solicitation {RFP} is 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 eight (8) price lines, which are itemized in Bid Solicitation {RFP} Section 3.1. Price lines 1 through 8 are grouped to create a single award. One (1) award shall be made for the group (Price lines 1 through 8).

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.

1.2 BACKGROUND

1.2.1 This is a reprocurement of the products provided under the Foods: Juices, Frozen, DSS term Blanket PO {Contract}, presently due to expire on September 12, 2016. Vendors {Bidders} interested in the current Blanket PO {Contract} specifications and pricing information may review the current Blanket PO {Contract} T-0021 at http://www.state.nj.us/treasury/purchase/noa/contracts/t0021_13-x-22973.shtml.

1.2.2 This Bid Solicitation {RFP} contains many revisions from the previous procurement under Bid Solicitation {RFP} – 13-X-22973. Vendors {Bidders} are advised to thoroughly review the Bid Solicitation {RFP} before submitting a Quote {Proposal}.

Please be advised that 6 ounce frozen juices have been removed from this Bid Solicitation {RFP}.

1.2.3 For informational purposes only, the annual expenditure for the current Blanket PO {Contract} is estimated at $1.5M.

1.2.4 Based upon purchase orders during the prior Blanket PO {Contract} term, DSS estimates that the following quantities for each price line based on the term of the Blanket PO {Contract}, as listed below:

The estimated quantities listed above are based on prior DSS purchases and are to be used for informational purposes only. The estimated quantities shall not be construed as either the maximum or minimum amount which the State shall be obligated to order during the term of the Blanket PO {Contract}.

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 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.

Note: Questions regarding the State of NJ Standard Terms and Conditions and exceptions to mandatory requirements must be posed during this Electronic Question and Answer period and should contain the Vendor’s {Bidder’s} suggested changes.

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 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 njstart@treas.nj.gov and/or (609) 341-3500.

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 Quick Reference Guides (QRGs), supporting videos, a glossary of NJSTART terms, and helpdesk contact information.

The Vendor {Bidder} should utilize the QRGs before attempting to submit its Quote {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} are still viewable on the “Summary” page of the Bid Solicitation 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 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 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 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, 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}. If the Vendor {Bidder} inadvertently completes the “Discount” field and the “Unit Cost” field, the Discounted Unit Cost will prevail.

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.

1.5 PRICE List and/or catalog pricing

Not applicable to this Bid Solicitation {RFP}.

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 {RFP}, 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.

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.

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.

Freight - 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 Amendments {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}.

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.

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}.

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

Brix – The degrees of Brix is a measure of the density or concentration of a sugar solution. The degrees Brix equals the percent by weight of sugar in the solution (referenced juice). This term is related empirically to the density of the solution (juice).

Cup – For the purposes of this Bid Solicitation {RFP}, any reference to cup is defined as a 4 ounce cup.

Frozen State - Frozen state is defined as solid or semi-solid product with temperature determined, by probe, to be approximately 29° Fahrenheit with no evidence of prior thaw and refreeze.

DSS – Distribution & Support Services.

NAG – USDA acronym for “No Applicable Grade”.

PPI – Producer Price Index

QAL – Quality Assurance Lab at DSS.

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.

Water Soluable Solids – a particular substance, such as sugar, that is easily dissolved in a commom solvent, such as water.

3.0 COMMODITY DESCRIPTION/SCOPE OF WORK

3.1 item description/PRODUCT SPECIFICATIONS

Juice must meet USDA Grade A Standards.

Product must be delivered in a frozen state.

Calories: 50 minimum

Sugar: 10 grams minimum

Total Fat: 0 grams

Shelf Life Frozen: 9 months or longer

Shelf Life Thawed: 10 days or longer

Main Ingredients: Water and orange juice concentrate.

Brix: 11.8° minimum

Juice must meet USDA Grade A Standards.

Product must be delivered in a frozen state.

Calories: 50 minimum

Sugar: 12 grams minimum

Total Fat: 0 grams

Shelf Life Frozen: 9 months or longer

Shelf Life Thawed: 10 days or longer

Main Ingredients: Water, apple juice concentrate. Juice may contain, but is not required to contain, ascorbic acid (Vitamin C), malic acid, and/or potassium sorbate.

Brix: 11.5° minimum

Juice must be USDA inspected and NAG certified.

Product must be delivered in a frozen state.

Calories: 50 minimum

Sugar: 12 grams minimum

Total Fat: 0 grams

Shelf Life Frozen: 9 months or longer

Shelf Life Thawed: 10 days or longer

The State will accept 10% minimum juice to fulfill the requirements of this Section/price line.

Ingredients: May contain any combination of the following: water, high fructose corn syrup, apple juice from concentrate, orange juice from concentrate, grape juice from concentrate, pineapple juice from concentrate, grapefruit juice from concentrate, passion fruit juice from concentrate, lime juice from concentrate, citric acid, malic acid, gum acacia, brominated vegetable oil, glycerol ester of wood rosin, natural flavors, artificial colors and flavors and/or Vitamin C.

The State does not expect the fruit punch provided by the Vendor {Contractor} to contain all of the ingredients mentioned above.

Juice must be USDA inspected and NAG certified.

Product must be delivered in a frozen state.

Calories: 90 minimum

Sugar: 13 grams minimum

Total Fat: 0 grams

Shelf Life Frozen: 9 months or longer

Shelf Life Thawed: 10 days or longer

Main Ingredients: Water, prune juice concentrate or concentrated water extract of prunes. Juice may contain, but is not required to contain, ascorbic acid (Vitamin C).

Minimum 18.5% by weight of water soluble solids

Juice must meet USDA Grade A Standards.

Product must be delivered in a frozen state.

Calories: 60 minimum

Sugar: 13 grams minimum

Total Fat: 0 grams

Shelf Life Frozen: 9 months or longer

Shelf Life Thawed: 10 days or longer

Main Ingredients: Water and grape juice concentrate. Juice may contain, but is not required to contain, ascorbic acid (Vitamin C), citric acid and/or natural flavors.

Brix: 16.0° minimum

Juice must be USDA inspected and NAG certified.

Product must be delivered in a frozen state.

Calories: 40 minimum

Sugar: 10 grams minimum

Total Fat: 0 grams

Shelf Life Frozen: 9 months or longer

Shelf Life Thawed: 10 days or longer

Main Ingredients: Water, high fructose corn syrup, cranberry juice concentrate and ascorbic acid (Vitamin C). Juice may contain, but is not required to contain, citric acid, sodium benzoate, potassium sorbate, apple juice concentrate, aronia/ chokeberry juice concentrate and/or natural flavors.

Brix: 12.9° minimum

Juice must be USDA inspected and NAG certified.

Product must be delivered in a frozen state.

Calories: 60 minimum

Sugar: 12 grams minimum

Total Fat: 0 grams

Shelf Life Frozen: 9 months or longer

Shelf Life Thawed: 10 days or longer

Main Ingredients: Water, orange juice concentrate and pineapple juice concentrate. Juice may contain, but is not required to contain, ascorbic acid (Vitamin C).

Juice must meet USDA Grade A Standards.

Product must be delivered in a frozen state.

Calories: 60 minimum

Sugar: 14 grams minimum

Total Fat: 0 grams

Shelf Life Frozen: 9 months or longer

Shelf Life Thawed: 10 days or longer

Main Ingredients: Water and pineapple juice concentrate. Juice may contain, but is not required to contain, ascorbic acid (Vitamin C).

Brix: 12.8° minimum

Individually packed frozen juices should be packaged in plastic containers with hermetically sealed lids.

Microbiological data:

All products offered must comply with the following requirements:

Yeast count - <(less than) 10 colony forming units (cfu) per milliliter of juice.

Mold count - <(less than) 10 colony forming units (cfu) per milliliter of juice.

3.2 DELIVERY

The frozen juices referenced in Section 3.1 shall be delivered directly to the DSS at the following address:

Department of the Treasury

Distribution & Support Services

1620 Stuyvesant Avenue

West Trenton, New Jersey 08625-0234

Vendors {Contractors} shall have a delivery time of no greater than 21 calendar days ARO (after receipt of order).

USDA grading, where applicable, certification, and case roll stamping must accompany all deliveries.

Orders from any Blanket PO {Contract} awarded as a result of this Bid Solicitation {RFP} will be placed in full truckload quantities. Full truckload quantities will be determined based upon information provided by the Vendor {Contractor}.

Orders will be placed by DSS by the case in various flavors, as packaged by the Vendor {Contractor} and as listed on the Blanket PO {Contract} line.

All individually packed 4 oz. frozen juices must be delivered in a frozen state by a refrigerated truck. As defined in Section 2.2, the frozen state is a solid or semi-solid product with temperature determined, by probe, to be approximately 29° Fahrenheit with no evidence of prior thaw and refreeze. If the product fails to comply with this requirement, the product will be rejected and returned at the Vendor’s {Contractor’s} expense.

All boxes of individually packed 4 oz. frozen juices must be clean and free from dirt, evidence of leakage, spillage or any other unsanitary condition.

All deliveries will be randomly checked and observed by the DSS Quality Assurance dock inspector for obvious evidence of leakage or spillage in any box. Evidence of leakage or spillage which exhibits unsanitary condition in any box will be grounds for rejection of that box at the Vendor’s {Contractor’s} expense.

Items must be stacked on 48" x 40" four (4) way grocery pallets before delivery will be accepted by DSS. Items that are floor loaded upon delivery must be transferred to 48" x 40" four (4) way grocery pallets by the carrier truck driver before delivery will be accepted.

Pallet exchange is available.

Segregation of product is required (when applicable).

Palletization or re-palletization shall be the sole responsibility of the delivering carrier, and no additional charges will be paid by DSS for this procedure.

Full pallets must be broken down to a maximum 51” in height by the carrier driver.

The Vendor {Contractor} must deliver quantities ordered. The Vendor {Contractor} cannot change quantities. Overages will be refused at the Vendor’s {Contractor's} expense.

Delivery shall be FOB Destination for platform (dock) delivery to DSS only in the quantity indicated on each purchase order.

Delivery due dates for each item ordered are indicated on each Purchase Order issued and will take the Vendor’s {Contractor’s} ARO delivery requirement into account. Delivery may be made from Monday through Friday (excluding State holidays) starting at 7:30 AM, but must arrive in time for delivery to be completed by no later than 3:00 PM. No delivery appointments; trucks will be unloaded on a first come, first serve basis.

All products are subject to final acceptance at the point of delivery. Vendors {Contractors} shall be responsible for any shipments rejected by the DSS and the rejected item(s) must be removed from the DSS premises at the Vendor’s {Contractor’s} expense.

If circumstances beyond the Vendor’s {Contractor’s} control may result in a late delivery, the Vendor {Contractor} must immediately make the details known to the DSS in writing. The DSS reserves the right to cancel all or part of any such order and purchase the item(s) elsewhere.

If the Vendor {Contractor} fails to meet any requirement(s) of the Bid Solicitation {RFP}, DSS reserves the right to take such corrective action necessary to ensure uninterrupted service at DSS. This may include, but not limited to, requiring immediate corrective action on the part of the Vendor {Contractor}, filing formal complaint(s) with the Contract Compliance Audit Unit (CCAU), canceling all or in part purchase order(s), purchasing the subject item(s) elsewhere and charging the increase in price and cost of handling, if any, to the Vendor {Contractor} in conjunction with and approval from the Division and CCAU, and/or cancelling Blanket PO {Contract} for cause.

The cargo section of the delivery vehicle must be totally free of garbage, refuse, trash and other matter that may be involved in the development of pathogenic or toxigenic microorganisms that could possibly cause undesirable deterioration of the product. The cargo section of any delivery vehicle must be free of all intolerable odors that may migrate into the product or the product packaging rendering the product unacceptable for use. Presence of any of these conditions shall be cause for complete rejection of the delivery.

All frozen products shall be in a wholesome and sanitary condition with all cartons sealed at the top and bottom and in sound condition at the time of delivery. Packaging must be in accordance with good commercial practices in order to protect the quality of the product and prevent freezer burn or dehydration.

Damaged Goods Upon Delivery:

Shipments containing damaged goods may be either partially accepted by DSS (with damaged goods rejected) or totally rejected by DSS depending on the severity of the damage. The carrier truck driver will bear sole responsibility for any "re-working" of palletized goods for the removal of any damaged goods from acceptable goods. DSS will not be responsible for any additional costs associated with this procedure. This will apply to all carriers and all deliveries. The Vendor {Contractor} must communicate these requirements to the carriers it employs for deliveries to

DSS.

Unloading Time Limit:

Once started, the unloading process may not extend beyond a three (3) hour time period due to palletization, re-palletization or re-working of pallets for removal of damaged goods. Partial acceptance or partial rejection may result after this three (3) hour unloading period has expired.

Packing Slip Requirement:

All deliveries must be accompanied by a packing slip indicating the name of the Vendor {Contractor} and valid DSS purchase order number. Deliveries not properly identified may be rejected and returned at the Vendor’s {Contractor's} expense.

For each delivery, the Vendor {Contractor} must provide a receipt showing the items being delivered and the DSS purchase order number. When a Vendor {Contractor} delivers a shipment to DSS, the Vendor {Contractor} will receive proof of delivery from the DSS through a signed delivery receipt from an authorized employee of the DSS receiving unit. This proof of delivery must accompany the Vendor’s {Contractor's} invoice submitted for payment.

Special Instructions:

The DSS may issue special shipping instructions to the Vendor {Contractor}, which will supersede the requirements set forth herein. These special instructions will be communicated to the Vendor {Contractor} at the time the order is placed and may affect delivery schedules. The Vendor {Contractor} shall make adjustments as appropriate to conform to any special instructions.

Combined Deliveries:

The Vendor {Contractor} must not combine deliveries of items with various scheduled delivery dates, unless authorized by DSS.

3.3 CASE AND CARTON REQUIREMENTS

Carton (Case) Marking Requirement:

All shipping cartons shall be marked in accordance with Federal Standard No. 123H as amended, and as modified by these terms and conditions. All cartons must be plainly marked on any two adjacent sides so that palletized cartons may be easily identified. In addition to standard industry practice, the following must be included:

Contents (industry standard item description)

Blanket PO {Contract} number

Cartons that do not comply with all marking requirements at the time of delivery may be refused and returned at the Vendor’s {Contractor's} expense. No marking of post-delivery cartons will be permitted at DSS.

Required Block Patterns:

Cases must be configured with an interlocking block pattern, which must be consistent throughout the load for like items. Stretch wrapping or taping is required for all palletized loads.

Additional standards for height and block patterns can be obtained by calling the DSS receiving office at 609-530-3314 prior to delivery.

3.4 Price adjustment Review

The Vendor {Contractor} will be able to request price adjustment in accordance with Section 5.2.1 of this Bid Solicitation {RFP}.

3.5 PrODUCT SUBSTITUTION

If, during the term of the Blanket PO {Contract} or any extension thereof, the contracted item is discontinued, the Vendor {Contractor} must notify the State immediately. The State may consider substituting the discontinued item with a newer item, provided that the item offered meets or exceeds the Blanket PO {Contract} specifications. The Vendor {Contractor} shall not substitute any item without written authorization to do so from the Procurement Bureau.The replacement product shall be offered to the State at that same price as the discontinued product.

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.