P Passaic Board of Education

Passaic, New Jersey

Goods and Services

Bid Specifications

General Requirements

For

NONPUBLIC SCHOOL SECURITY GUARDS – BEIS

YAAKOV MACHON ORA

Bid No:Bid 14-27

RELEASE DATE: August 31, 2026

DEADLINE FOR QUESTIONS: September 8, 2026

RESPONSE DEADLINE: September 15, 2026, 9:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/passaicschools

Passaic City School District

NONPUBLIC SCHOOL SECURITY GUARDS – Beis Yaakov Machon

Ora

I. Introduction

II. Bid Advertisement

III. Ethics in Purchasing

IV. Unauthorized Orders

V. General Specifications

VI. Technical Specifications

VII. Pricing Proposal

VIII. Vendor Questionnaire

Attachments:

A - SAMPLE BID BOND

B - Passaic Schools Addresses

C - AMERICANS WITH DISABILITIES ACT OF 1990

D - MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

E - BID SPECIFICATIONS FOR THE LABELING OF LIQUID, POWDER AND

GASEOUS SUPPLIES DELIVERED TO THE BOARD OF EDUCATION

F - Passaic Public Schools 2026-2027 School Calendar

#Bid 14-27 Title: NONPUBLIC SCHOOL SECURITY GUARDS – Beis Yaakov Machon Ora

1. Introduction

1.1. Summary

The Passaic Board of Education is seeking a contractor to perform security guard services for Bais

Yaakov Machon Ora, one (1) of our nonpublic schools. The work of this section shall include all security functions under the direction of the Nonpublic School’s Director and his/her designee, which are included in these specifications, and in accordance with all rules and regulations of the municipality and all other authorities having jurisdiction.

The District will determine who is the most capable company whose bid proposal demonstrates the ability to satisfy the specific terms, conditions, and requirements as specified in this document. In addition, the bidder should have sufficient experience and knowledge in the specified field.

This bid is issued by the Passaic Board of Education. The intent of this bid is to award a contract to a responsive/responsible firm to perform the services specified in these specifications.

1.2. Contact Information

Project Contact:

Isandra Matta Purchasing Clerk 663 Main Ave Passaic, NJ 07055 Email: imatta@passaicschools.org Phone: (973) 470-5500 Ext: 2168

Procurement Contact:

Maritza Colon-Montanez Purchasing Manager 663 Main Avenue Passaic, NJ 07055 Email: macolon@passaicschools.org Phone: (973) 470-5598

Department:

Assistant Superintendent of Curriculum and Instruction

Department Head:

Stefania Duarte Assistant Superintendent of Curriculum and Instruction

1.3. Timeline

Release Project Date August 31, 2026

Question Submission Deadline September 8, 2026, 12:00pm

Proposal Submission Deadline September 15, 2026, 9:00am

2. Bid Advertisement

Passaic Board of Education

REQUEST FOR BIDS

Bid Advertisement

The Board of Education of the City of Passaic, New Jersey, hereby advertises for competitive bids in accordance with N.J.S.A. 18A:18A-21(a,b) for the School Year 2026 - 2027 :

Bid No. Bid 14-27 NONPUBLIC SCHOOL SECURITY GUARDS – Beis Yaakov Machon Ora

All necessary bid specifications and bid forms may be secured upon visiting School District's e-

Procurement Portal https://procurement.opengov.com/portal/passaicschools.

Bids must be electronically submitted by PDF only via School District's e-Procurement Portal at https://procurement.opengov.com/portal/passaicschools/projects/296158, on or before the date and time indicated below.

Bid No.: Bid 14-27

Date: Tuesday, September 15, 2026

Time: 9:00 am

Bid Opening Location:

https://us02web.zoom.us/j/85846582543?pwd=TuGCdreAzbQ9yNct60rgRvXbDCiV4l.1

The bid opening process will begin on the above date and time in the Board of Education Meeting Room, Passaic, New Jersey. On the advertised date and time, the School Business Administrator shall publicly receive and open all bids. No bids shall be received after the time designated in the advertisement.

(N.J.S.A. 18A:18A-21(b)). The Board of Education does not accept mail, UPS / FED EX / and other express delivery services, hand delivery, and email submission of Bids.

All respondents are required to comply with the requirements of N.J.S.A. 10:5-31 et seq., Affirmative

Action Against Discrimination and N.J.A.C. 17:27 et seq.

Each bid shall be accompanied by a bid bond, cashier’s check or certified check made payable to the Passaic Board of Education, for ten percent (10%) of the amount of the total bid, however, not to exceed $20,000.

Bidders are required by law to submit a Statement of Ownership Disclosure form statement setting forth the names and addresses of all persons and entities that own ten (10%) percent or more of its stock or interest of any type at all levels of ownership.

A Non-Collusion Affidavit and a Contractor Questionnaire/Certification also must be filed with the bid. The bid package will also include other documents that must be completed and returned with the bid.

Failure to comply with Instructions to Bidders and to complete and submit all required forms may be cause for disqualification and rejection of the bid.

The Board of Education reserves the right to reject any or all bids, pursuant to N.J.S.A. 18A:18A-2(s), (t), (x), (y), 18A:18A-4(a-c), and N.J.S.A. 18A:18A-22, and to waive any informalities that may be in the best interest of the board.

Lamont T. Zachary, SFO, QPA

School Business Administrator/Board Secretary

3. Ethics in Purchasing

Statement to Vendors

School District Responsibility

Recommendation of Purchases

It is the desire of the Passaic Board of Education to have all Board employees and officials practice exemplary ethical behavior in the procurement of goods, materials, supplies, and services.

School district officials and employees who recommend purchases shall not extend any favoritism to any vendor. Each recommended purchase should be based upon quality of the items, service, price, delivery, and other applicable factors in full compliance with N.J.S.A. 18A:18A-1 et.seq.

Solicitation/Receipt of Gifts – Prohibited

School district officials and employees are prohibited from soliciting and receiving funds, gifts, materials, goods, services, favors, and any other items of value from vendors doing business with the Passaic Board of Education or anyone proposing to do business with the Passaic School District.

Vendor Responsibility

Offer of Gifts, Gratuities -- Prohibited

Any vendor doing business or proposing to do business with the Passaic Public School District, shall neither pay, offer to pay, either directly or indirectly, any fee, commission, or compensation, nor offer any gift, gratuity, or other thing of value of any kind to any official or employee of the Passaic Public School

District or to any member of the official’s or employee’s immediate family.

Vendor Influence -- Prohibited

No vendor shall cause to influence or attempt to cause to influence, any official or employee of the

Passaic Public School District, in any manner which might tend to impair the objectivity or independence of judgment of said official or employee.

Vendor Certification

• Vendors or potential vendors will be asked to certify that no official or employee of the Passaic

Board of Education or immediate family members are directly or indirectly interested in this request or have any interest in any portions of profits thereof. The vendor participating in this request must be an independent vendor and not an official or employee of the Passaic Board of

Education.

Lamont T. Zachary, SFO, QPA

School Business Administrator

Board Secretary

4. Unauthorized Orders

TO: All Vendors

Official Notification

Authorized Purchases

The Passaic Board of Education only recognizes purchases made through the approved purchase order process. All purchases require a:

Written Purchase Order with authorized signatures and a Purchase Order Number.

Unauthorized Purchases

Any Board of Education employee who orders and/or receives any materials, supplies or services without first going through the approved purchase order process has made an unauthorized purchase.

Vendors’ Responsibility

• Do NOT Honor Requests!

Vendors are not to honor or accept any requests for goods or services unless the vendor receives a written purchase order with authorized signatures and a purchase order number.

• Contact the Business Office!

Please alert the Purchasing Department at purchasing@passaicschools.org if any Board employee attempts to place an order without an authorized purchase order.

The Passaic Board of Education will not be held responsible for any unauthorized orders or purchases.

Authorized Signatures

The Passaic Board of Education will only recognize purchase orders signed by:

Lamont T. Zachary, SFO, QPA or his Designee School Business Administrator

Board Secretary

5. General Specifications

5.1. INSTRUCTIONS FOR BIDDERS

BIDS MUST BE ELECTRONICALLY SUBMITTED BY PDF ONLY TO THE SCHOOL

DISTRICT’S E-PROCUREMENT PORTAL

AT https://procurement.opengov.com/portal/passaicschools/projects/296158.

Bids must be submitted by 9:00 am prevailing time on Tuesday, September 15, 2026.

Bids will be submitted sealed and will be unsealed and announced at the bid opening meeting.

NO MAIL, UPS / FED EX / AND OTHER EXPRESS DELIVERY SERVICES, HAND

DELIVERY AND EMAIL OF PROPOSALS WILL BE ACCEPTED.

5.2. BID OPENING MEETING

All bids will be publicly received and unsealed by the Purchasing Agent, or designee, opened in the

Board Meeting Room, 663 Main Avenue, Passaic, NJ (Sixth Floor), and read beginning at 9:00 a.m. on

Tuesday, September 15, 2026. It is the responsibility of each bidder to ensure that their bid is complete and presented to the Purchasing Agent, or designee, prior to the advertised date and time. No bid shall be received or accepted by the Board of Education after the advertised bid date and time. (N.J.S.A.

18A:18A:21(b))

5.3. AFFIRMATIVE ACTION REQUIREMENTS

Each contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

A. Appropriate evidence that the contractor is operating under an existing federally approved or sanctioned affirmative action program; or

B. A certificate of employee information report approval issued in accordance with N.J.A.C.17:27-4;

or

C. An employee information report (Form AA302) provided by the Division and distributed to the public agency is to be completed by the contractor, in accordance with N.J.A.C. 17:27-4.

Please note: A completed and signed Affirmative Action Questionnaire is required with the submission of the bid. However, the Board will accept in lieu of the Questionnaire, Affirmative Action Evidence.

“If awarded a contract your company/firm will be required to comply with the requirements of N.J.S.A.

10:5-31 et seq. and N.J.A.C. 17:27 et seq., and the terms and conditions of the Mandatory Equal

Employment Opportunity Language – Exhibit A.

Sample Certificate of Employee Information Report

All bidders are urged to submit with their bid, a copy of their firm’s Certificate of Employee

Information Report. Failure to submit the Certificate prior to the award will result in the rejection of the bid.

5.4. ALTERNATIVE DISPUTE RESOLUTION PROCESS

All disputes relating to the performance of the contract shall be submitted first to non-binding mediation by a single mediator. The mediation shall be held at the Board of Education offices before a single mediator who is mutually acceptable to the parties. The parties shall share the mediator’s fees equally. If the dispute is submitted for mediation, the neutral party must demonstrate knowledge of the Pubic School

Contracts Law. The arbitration of claims is expressly excluded under this contract. This alternative dispute resolution practices required by this section shall not apply to disputes concerning the bid solicitation process, or to the formation of contracts. Nothing shall prevent either party from seeking injunctive or declaratory relief in court at any time.

5.5. AMERICAN GOODS

In accordance with N.J.S.A. 18A:18A-20, only manufactured products of the United States, wherever available, and where possible are to be used with this project.

5.6. AMERICANS WITH DISABILITIES ACT

The contractor must comply with all provisions of the Americans with Disabilities Act (ADA), P.L 101-

336, in accordance with 42 U.S.C. S121 01 et seq.

5.7. ANTI-BULLYING BILL OF RIGHTS—REPORTING OF

HARASSMENT, INTIMIDATION AND BULLYING— CONTRACTED

SERVICE

The contracted service provider shall comply with all applicable provisions of the New Jersey Anti-

Bullying Bill of Rights Act—N.J.S.A. 18A:37-13.1 et seq., all applicable code and regulations, and the

Anti-Bullying Policy of the Board of Education. The district shall provide to the contracted service provider a copy of the board’s Anti-Bullying Policy.

In accordance with N.J.A.C. 6A:16-7.7 (c), a contracted service provider, who has witnessed, or has reliable information that a student has been subject to harassment, intimidation, or bullying shall immediately report the incident to any school administrator or safe schools resource officer, or the School

Business Administrator/Board Secretary.

5.8. ANTI-DISCRIMINATION PROVISIONS—N.J.S.A. 10:2-1

N.J.S.A. 10:2-1. Antidiscrimination provisions. Every contract for or on behalf of the State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that:

A. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

B. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

C. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

D. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).

5.9. BID GUARANTEE AND BONDING REQUIREMENTS

Please note: The name, address, and phone number of the Bond Underwriter as well as the Bond Number shall be included with all bonds submitted to the Board of Education.

A. Bid Guarantee (REQUIRED)When required, each bid shall be accompanied by a bid bond, cashiers or certified check for ten per cent (10%) of the amount of the total contract, but not in excess of $20,000. This guarantee shall be made payable to the Passaic Board of

Education. Such deposit shall be forfeited upon refusal of a bidder to execute a contract;

otherwise, checks shall be returned when the contract is executed and the performance bond (if required) is filed with the Board of Education.

The bid security check for unsuccessful bidders, if requested, will be returned as soon after the bid opening as possible but in no event later than (10) days after the bid opening. Please note: Uncertified business checks, personal checks or money orders are not acceptable.

All bid bonds submitted must be signed and witnessed with original signatures. The Board will not accept facsimile or rubber stamp signatures on the bid bond. Failure to sign the bid bond by either the Surety or Principal shall be deemed cause for disqualification of the bid. The Attorney-in-Fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the Power of Attorney. The name, address, and phone number of the Bond

Underwriter as well as the Bond Number shall be included with all bonds submitted to the Board.

The Board of Education will only accept bid bonds from companies that are licensed and qualified to do business in the State of New Jersey. Such a list (Approved Surety Companies) may be available upon request to the State of New Jersey, Department of Banking and Insurance, P.O. Box 325, Trenton, New Jersey 08625.

The board will not accept a bid with multiple bid numbers listed on the bid bond.Please refer to the Attachments section for a Sample Bid Bond.

Failure to submit or sign a bid guarantee by either the Surety or Principal, and/or failure to submit the properly executed bid bond with the bid package shall be deemed cause for disqualification and rejection of bid.

B. Certificate (Consent) of Surety (REQUIRED)

When required, each bidder shall submit with its bid, a certificate from a surety company stating that the surety company will provide the contractor with a performance bond in an amount equal to the amount of the contract (N.J.S.A. 18A:18A-25). Such surety company must be licensed and qualified to do business in the State of New Jersey. The certificate (consent) of Surety, together with a power of attorney, must be submitted with the bid. Failure to submit or sign the

Certificate (Consent) of Surety by either the Surety or Principal, and/or failure to submit the properly executed Certificate (Consent) of Surety with the bid package shall be deemed cause for disqualification and rejection of bid.

C. Performance Bond (REQUIRED)

When required, the successful bidder shall furnish a Performance, Payment, and Completion

Bond in a sum of at least one hundred percent (100%) of the total amount payable by the terms of this Contract. Such written guarantee shall be made payable to the Passaic Board of Education and shall be in the form required by Statute.

Such bond shall further carry a stipulation that no advance, premature, excessive, or delayed payments by the Board shall in any way affect the obligation of the Surety on its bond.

Such bond shall further stipulate that no payments made to the Contractor, nor partial or entire use of occupancy of the work by the Board shall be an acceptance of any work or materials not in accordance with this Contract and the Surety shall be equally bound to the same extent as the

Contractor.

It is expressly stipulated that the Surety for the Contractor on the project shall be obligated to make periodic inquiries of the Board at reasonable times, to determine whether its Principal has performed or was performing the Contract in accordance with all of its terms and conditions, particularly in relation to the progress payments scheduled under said Contract with the Board.

In the event the Contractor defaults or fails to perform or finish the work prescribed under the

Contract for any reason whatsoever, it shall become the unqualified obligation of the Surety for the defaulting Contractor to complete the Contract in accordance with its terms following receipt of notice from the owner of such default.

The Contractor shall execute a formal contract with the Board in the form required and in such number of counterparts as the Board may request. Such Performance, Payment, and Completion

Bond shall be furnished and such Contracts shall be executed and delivered by the contractor within ten (10) days after the receipt by the contractor of notice accepting his bid by the Board.

The Board of Education will only accept performance bonds from surety companies that are licensed and qualified to do business in the State of New Jersey.

5.10. BID PRICE GUARANTEE – Ninety (90) Days from Award of Contract

When the Board of Education requests bid prices for supplies, materials and equipment, the contractor(s) shall agree to guarantee the bid price(s) for a period of ninety (90) days from the date of the award of contract. Contractor(s) may extend the bid price guarantee through written permission to the Board of

Education.

5.11. BID PRICES

In the event of discrepancy between the unit price and the extension, the unit price will govern. The

Board assumes no responsibility to recalculate totals if award is made on the basis of totals.

5.12. BID PROPOSAL FORM

All bids are to be written in by typewriter or ink in a legible manner on the official Bid Proposal

Form. Any bid price showing any erasure or alteration must be initialed by the bidder in ink, at the right margin next to the altered entry. Failure to initial any erasure or alteration may be cause to disqualify that particular bid entry. If the disqualified entry is a required one, the entire bid may be subject to rejection. Bidders are urged fill out and complete all entries with care.

The Bid Proposal Form must be duly signed by the authorized representative of the company in the appropriate space, at the end of the Bid Proposal Form. Failure to sign the Bid Proposal Form may be cause to disqualify the entire bid. If the Bid Proposal Form contains more than one sheet, then bidders are requested to affix the company name and address on each intervening sheet between the front sheet and the signature sheet which already bear the company information.

The Board of Education will not consider any bid on which there is any alteration to, or departure from, the bid specifications. Bidders are not to make any changes on the Bid Proposal Form, or qualify their bid with conditions differing from those defined in the bid specification documents. If bidders do make changes on the Bid Proposal Form, except as noted above for initialed clerical mistakes, it shall be cause to disqualify that particular bid as non-responsive N.J.S.A. 18A:18A-2(y).

Bidders are to submit one bid price per item. The Board will not accept multiple bids on an individual basis, nor will the Board accept a “bottom line” or “all or none” bid subject to the bidder receiving the entire contract.

5.13. BIDDER COMMENT SHEET

This form is for the bidder’s use in offering voluntary alternates, or other comments intended to afford the

Board information or opportunities to improve the quality of the project, without invalidating the bid proposal. It may not be used to take exception to specific conditions of the project defined in the contract documents which the bidder does not like. The bid provided must be based upon the plans and specifications, and all contract conditions, as stated. If these documents or conditions contain some untenable item, or extremely expensive provision, for example, to which the bidder wishes to raise an objection, this must be done at the pre-bid meeting, or in writing to the Architect or School Business

Administrator/Board Secretary through the question process outlined in the Instructions to Bidders.

5.14. BIDDER’S RESPONSIBILITY FOR BID SUBMITTAL

It is the responsibility of the bidder to ensure that their bid is presented to the Office of the School

Business Administrator/Board Secretary and officially received before the advertised date and time of the bid. It is understood and agreed upon that any person in the Board of Education will be absolved from responsibility for the premature opening of any bid not properly labeled and sealed.

5.15. BRAND NAME OR EQUIVALENT

Whenever the Board of Education requests a brand name for a particular item, it will consider a “brand name or equivalent”. If the bidder desires to bid an equivalent item the bidder shall do the following:

A. On the Bid Proposal Form, write in ink next to the item requested, the bidder’s substitute item, including brand name, model number and full description of item. This is the only change to the

Bid Proposal Form the Board will accept.

B. Provide a sample of the substitute item if requested. The sample item must be provided before or at the time of the bid opening. With the sample item shall be a paper, brochure or illustrative literature outlining the brand/manufacturer name, model number and full description of item.

C. If a sample is not required the Board requests a brochure, pamphlet, or illustrative literature that outlines the specifications of the item including manufacturer’s name, model number, etc.

D. Failure to provide a sample item or literature about substitute bids when requested may be cause for disqualification of that item from the bid.

E. It is the responsibility of the bidder to demonstrate equivalency of items offered.

Please note: Bidders are to only bid brand name or equivalent. The Board will not accept multiple bids on individual items.

5.16. BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44)

Pursuant to N.J.S.A. 52:32-44, the board of education is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

Request of the Board of Education

All bidders or companies providing responses for requested proposals, are requested to submit with their response package a copy of their “New Jersey Business Registration Certificate” as issued by the

Department of Treasury of the State of New Jersey.

The Board reminds all respondents that failure to submit the New Jersey Business Registration

Certificate prior to the award of contract will result in the rejection of the proposal.

Subcontractors Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s).

Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.

During the course of contract performance:

(1) The contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

(2) The contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time.

(3) The contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the

Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609)292-6400. Form NJ-REG can be filed online at

Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses.

N.J.S.A. 54:49-4.1: Violations of Registration Requirements; Penalties.

A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L.2001, c.134 (C.52:32-44 et al.) or subsection e. or f. of section 92 of P.L.1977, c.110

(C.5:12-92), or that provides false information of business registration under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency or under a casino service industry enterprise contract.

Samples of New Jersey Business Registration Certificates

5.17. CHALLENGES TO BID SPECIFICATIONS

Any prospective bidder who wishes to challenge a bid specification shall file such challenge in writing with the School Business Administrator/Board Secretary no less than three (3) business days prior to the opening of bids. Challenges filed after that time shall be considered void and having no impact on the

Board of Education or the award of a contract.

5.18. COMPLIANCE WITH ALL LAWS -- Where applicable

Special attention is called to requirements for Public Liability and Property Damage Insurance, Workmen’s Compensation Insurance, Social Security Act, Labor, Employment, Unemployment, Wages, Hours, Discrimination in Employment and Assignment of Contract.

The provisions of the New Jersey School Law shall bind all parties and interests to the

Contract. Contractor shall comply with all Federal and State Laws, and all rules and regulations of health, public or other authorities controlling or limiting the methods, materials to be used or actions of those employed in work of this kind.

Any labor or material in addition to that described in the specifications and which is necessary to comply with these laws, rules, ordinances or regulations shall be provided by the Contractor.

Contractor shall keep himself informed of all existing and future State and Federal Laws in any manner affecting those engaged or employed in the work, and shall protect and indemnify the Owner, its officers, members and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation order or defects.

5.19. CONTRACTOR/VENDOR REQUIREMENTS—ACCESS AND

MAINTENANCE OF RECORDS

Contractors/vendors doing business with the board of education are reminded of the following legal requirements pertaining to the Office of the New Jersey State Comptroller:

A. Access to Relevant Documents and Information—N.J.S.A. 52:15C-14 (d)

Private vendors or other persons contracting with or receiving funds from a unit in the Executive branch of State government, including an entity exercising executive branch authority, independent State authority, public institution of higher education, or unit of local government or board of education shall upon request by the State Comptroller provide the State Comptroller with prompt access to all relevant documents and information as a condition of the contract and receipt of public monies. The State Comptroller shall not disclose any document or information to which access is provided that is confidential or proprietary. If the State Comptroller finds that any person receiving funds from a unit in the Executive branch of State government, including an entity exercising executive branch authority, independent State authority, public institution of higher education, or unit of local government or board of education refuses to provide information upon the request of the State Comptroller, or otherwise impedes or fails to cooperate with any audit or performance review, the State Comptroller may recommend to the contracting unit that the person be subject to termination of their contract, or temporarily or permanently debarred from contracting with the contracting unit.

B. Maintenance of Contract Records—N.J.A.C. 17:44-2.2

Relevant records of private vendors or other persons entering into contracts with covered entities are subject to audit or review by OSC pursuant to N.J.S.A. 52:15C-14(d).

The contractor/vendor to whom a contract has been awarded, shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State

Comptroller upon request.

Board of Education Requirement In addition to, and independent of, the requirements of N.J.S.A. 52:15C-14 (d) and N.J.A.C. 17:44-2.2, the Contractor shall also maintain and make any or all books and records related to products transactions or services rendered under this contract, available to the Board of Education upon request.

5.20. CONTRACTS

A. Award of Contract, Rejection of Bid(s)

The contract shall be awarded, if at all, to the lowest responsible bidder as determined by the

Board of Education. The Board of Education reserves the right to reject any or all bids pursuant to N.J.S.A. 18A:18A-2(s), (t), (x), (y), 18A:18A-4(a), 18A:18A-22, and to waive any informalities and to take such alternates that the Board feels are in the best interests of the

Board. The Board may at its option accept the lowest bid on each item and split awards among the various bidders who submit the lowest responsible bids. Pursuant to N.J.S.A. 18A:18A-36 the Board of Education shall award the contract or reject all bids within sixty (60) days, noting the exception highlighted in the law.

B. Equal Prices

Pursuant to N.J.S.A. 18A:18A-37(d) when two or more bidders submit equal prices and the prices are the lowest responsible bids, the Board may award the contract to the vendor whose response, in the discretion of the Board, is the most advantageous, price and other factors considered.

C. Return of Contracts and Related Contract Documents--When required

Upon notification of award of contract by the Board of Education, the contractor shall sign and execute a formal contract agreement between the Board of Education and the contractor, when required.

Purchase Order—considered to be a contract. N.J.S.A. 18A:18A-2 (n)

If a formal contract is not required by the Board of Education, an approved and signed Board of

Education Purchase Order will constitute as a contractual agreement. When a formal contract is required, the contractor shall sign and execute said contracts and return the contracts with other required documents to the Office of the School Business Administrator/Board Secretary.

Failure to execute the contract and return said contract and related documents within the prescribed time may be cause for a delay in payment for services rendered or products received or the annulment of award by the Board of Education with the bid security becoming property of the

Board of Education. The Board of Education reserves the right to accept the bid of the next lowest responsible bidder, in such a case.

D. Renewal of Contract; Services

The Board of Education may, at its discretion, request that a contract for services be renewed in full accordance with N.J.S.A. 18A:18A-42. The School Business Administrator/Board Secretary may negotiate terms for a renewal of contract proposal and present such negotiated proposal to the Board of Education. All multi-year contracts and renewals are subject to the availability and appropriation annually of sufficient funds as may be needed to meet the extended obligation.

The Board of Education is the final authority in awarding renewals of contracts.

E. Term of Contract

The contractor, to whom the contract is awarded, will be required to do and perform the work/services and to provide and furnish the materials in connection therewith in accordance with the plans and specifications on or before the date listed in the Technical Specifications.

F. Purchase Order Required; Notice to Proceed

No contractor or vendor shall proceed with any project, provide any service, or deliver any goods until he is in receipt of an approved purchase order authorizing work to begin or goods to be delivered.

5.21. DEBARMENT, SUSPENSION, OR DISQUALIFICATION

The Board of Education will not enter into a contract for work with any person, company or firm that is on the State Department of Labor and Workforce Development; Prevailing Wage Debarment List, or the

State of New Jersey Consolidated Debarment Report (www.state.nj.us/treasury/debarred).

All bidders are required to submit a sworn statement indicating whether or not the bidder is, at the time of the bid, included on the State Department of Labor and Workforce Development; Prevailing Wage

Debarment List or the State of New Jersey Consolidated Debarment Report, or the Federal Debarred

Vendor List--Excluded Parties List System—System for Award Management—SAM.gov

5.22. DELIVERY

FOB Destination, Freight Prepaid - The contractor, to whom the contract is awarded, retains title and control of goods and selects the carrier and is responsible for the risk of transportation; title passes to the

Board of Education upon delivery and ownership by the Board; the successful bidder pays and bears the costs of all freight and delivery charges listed below. The Board of Education recognizes two (2) types of delivery:

A. Inside Delivery

Items are to be delivered to a Board of Education location and taken off the truck by transportation carrier personnel and brought to a designated area inside the school or office building.

B. Spotted Delivery

Items are to be delivered to a Board of Education location and taken off the truck by transportation carrier personnel and brought to a designated area inside the school or office building. Transportation carrier personnel are responsible to then uncrate, setup, assemble items to determine good working order and remove all debris to the satisfaction of the Board of

Education.

Contractors are cautioned to provide adequate personnel to deliver goods as none will be provided by the Board of Education. If a specialized person is needed to setup, assemble or erect item, such assembly shall be completed within five (5) school days of the actual delivery date.

Failure to assemble, setup, or erect items within the stated time may result in a $100.00 per day assessment against the bidder for each day items are not assembled, setup or erected.

The Board of Education will not be responsible for any extra delivery costs. All bid prices for materials, goods and supplies are to include all shipping, freight, delivery and handling costs.

Specific delivery instructions are provided in the General Specifications.

Please note! All packages, boxes, cartons etc., when delivered, must be plainly marked on the outside as to contents, and the Board of Education’s purchase order number must be clearly printed on the packages, boxes, cartons, etc.

Delivery Guarantee

The contractor agrees to deliver the item(s) so listed in the bid specifications within the prescribed number of days also outlined in the bid specifications. Failure to deliver the designated items within the prescribed period of time shall cause the Board of Education to deduct penalties as per the schedule listed in the general specifications.

The contractor shall deliver items to the schools Monday through Friday 9:00 a.m. through 12:00.NOON.

Vendors are to secure written permission from the Director of Facilities at 973-470-5980 to deliver items during times other than previously mentioned.

5.23. DOCUMENTS, MISSING/ILLEGIBLE

The bidder shall familiarize himself with all forms provided by the Board that are to be returned with the bid. If there are any forms either missing or illegible, it is the responsibility of the bidder to contact the

School Business Administrator/Board Secretary at for duplicate copies of the forms. This must be done before the bid date and time. The Board accepts no responsibility for duplicate forms that were not received by the bidder in time for the bidder to submit with his bid.

5.24. DOCUMENT SIGNATURES – ORIGINAL; BLUE INK

All documents returned to the Board shall be signed with an original signature in ink (blue). Failure to sign and return all required documents with the proposal package may be cause for disqualification and for the proposal to be rejected pursuant to N.J.S.A. 18A:18A-2(y) (non-responsive). The Board will not accept facsimile or rubber stamp signatures.

*Forms provided by the Board of Education that must be returned with the bid.

• Affirmative Action Questionnaire

• Assurance of Compliance Statement

• Bid Proposal Form

• Bidder Comment Form – Optional

• Chapter 271 Political Contribution Disclosure Form

• Contractor/Vendor Questionnaire / Certification

• Disclosure of Investment Activities in Iran

• Non-Collusion Affidavit

• Prohibited Russia-Belarus Activities & Iran Investment Activities

• Statement of Ownership

5.25. ESTIMATED QUANTITIES

It is the intention of the Board of Education to order the quantities of items listed on the Bid Proposal

Form. Bidders are notified that the aforementioned quantities are estimated quantities that the Board intends to purchase and are not to be relied upon as the actual quantity to be purchased. There may be some deviation to the number of items actually ordered because of budgeting and financial constraints of the school district.

5.26. EXAMINATION OF SPECIFICATIONS, ACKNOWLEDGEMENT

The bidder, by submitting a proposal, acknowledges that he has carefully examined the bid specifications, documents, addenda (if any), and the site; and that from his investigation, he has satisfied himself as to the nature and location of the work, the general and local conditions and all matters which may in any way affect the work or its performance, and that as a result of such examination, he fully understands the intent and purpose thereof, his obligations thereunder, and that he will not make any claim for, or have any right to damages, because of the lack of any information.

Each bidder submitting a bid for a service contract shall include in his bid price all labor, materials, equipment, services, and other requirements necessary, or incidental to, the completion of the work, and other pertinent work as hereinafter described, in accordance with the bid specifications and documents.

5.27. FALSE MATERIAL REPRESENTATION – N.J.S.A. 2C:21-34-97(b)

A person commits a crime if the person knowingly makes a material representation that is false in connection with the negotiation, award, or performance of a government contract. If the contract amount is for $25,000.00 or above, the offender is guilty of a crime of the second degree. If the contract amount exceeds $2,500.00 but is less than $25,000.00, the offender is guilty of a crime of the third degree. If the contract amount is for $2,500.00 or less, the offender is guilty of a crime of the fourth degree.

5.28. FORCE MAJEURE

Neither party shall be liable in damages for any failure, hindrance or delay in the performance of any obligation under this Agreement if such delay, hindrance or failure to perform is caused by conditions beyond the control of either party, including, but not limited to, Acts of God, flood, fire, war or the public enemy, explosion, government regulations whether or not valid (including the denial or cancellation of any export or other necessary license), court order, state funding, or other unavoidable causes beyond the reasonable control of the party whose performance is affected which cannot be overcome by due diligence.

Vendors, and/or contractors who have a contract with the Board of Education to provide goods or services cannot unilaterally claim an increase in the cost of the contract because of Force Majeure.

5.29. INSURANCE AND INDEMNIFICATION

The bidder to whom the contract is awarded for any service work or construction work, and when required by the Board of Education, shall secure, pay the premiums for and keep in force until the contract expires, insurance of the types and amounts listed below:

Commercial General Liability

• $2,000,000 General Aggregate

• $2,000,000 Products

• $1,000,000 Personal Injury

• $1,000,000 Each Occurrence Combined Single Limit for Bodily Injury and Property Damage

• $100,000 Pollution Cleanup

• $50,000 Fire Damage

• $5,000 Medical Expense

Insurance Limits Continued

Excess Umbrella Liability $4,000,000

Sexual Harassment $1,000,000

Comprehensive Automobile Liability Insurance

• $1,000,000 Combined Single Limit for Bodily Injury and Property Damage

Insurance Certificate – When Required

A. The contractor must present to the Board of Education an insurance certificate in the above types and amounts before any work or service begins.

B. Automobile liability insurance shall be included to cover any vehicle used by the insured.

C. The certificate holder shall be as follows:

Passaic Board of Education c/o School Business Administrator/Board Secretary

663 Main Avenue

Passaic, New Jersey 07055

D. Additional Insured Claim -- The contractor shall include the following clause on the insurance certificate.

“Passaic Board of Education is named as an additional insured”

OTHER INSURANCES

WORKERS COMPENSATION Evidence of adequate Workers' Compensation Insurance as required by the laws of the State of New Jersey and the United States, must be available for perusal. The minimum limits are the following unless a greater amount is required by law:

• Bodily Injury by Accident $1,000,000. Each Accident

• Bodily Injury by Disease $1,000,000. Policy Limit

• Bodily Injury by Disease $1,000,000. Each Employee

(B) Indemnification

The contractor shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the Board and its agents, employees and Board members, from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses (including, but not limited to, attorneys fees) in connection therewith on account of the loss of life or property or injury or damage to any person, body or property of any person or persons whatsoever, which shall arise from or result directly or indirectly from the work and/or materials supplied under this contract and the performance by contractor of services under the contract or by a party for whom the contractor is liable.

This indemnification obligation is not limited by, but is in addition to, the insurance obligations contained in this agreement.

The Contractor is to assume all liability of every sort incident to the work, including property damage caused by him or his men or by any subcontractor employed by him or any of the subcontractor’s men.

The Contractor shall assume liability incident to the work caused by the contractor, the contractor’s employees and any subcontractors or subcontracted employees hired by the contractor.

5.30. INTERPRETATIONS AND ADDENDA

Bidders are expected to examine the IFB with care and observe all their requirements. All questions about the meaning or intent of this IFB, all interpretations and clarifications considered necessary by the

District’s representative in response to such comments and questions will be issued by Addenda emailed to vendors who are following the project by clicking “Follow” on Public Project Page at https://procurement.opengov.com/portal/passaicschools/projects/296158. Only comments and questions responded to by formally issued Addenda will be binding. Oral interpretations, statements, or clarifications will be without legal effect.

No interpretation of the meaning of the specifications will be made to any bidder orally. Every request for such interpretations should be submitted via School District’s e-Procurement Portal’s Question &

Answer feature by 12:00 pm on Tuesday, September 8, 2026. Any and all interpretations and any supplemental instructions will be distributed in the form of addenda to the specifications. The addenda will be provided in accordance with N.J.S.A. 18A:18A-21(c) to the respondents by School District’s e-

Procurement Portal no later than seven (7) days Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids. All addenda so issued shall become part of the contract document.

5.31. IRAN DISCLOSURE OF INVESTMENT ACTIVITIES FORM N.J.S.A.

18A:18A-49.4

The Passaic Board of Education, pursuant to N.J.S.A. 18A:18A-49.4, shall implement and comply with

Public Law 2012, c.25, Disclosure of Investment Activities in Iran—N.J.S.A. 52:32-55 et seq.

Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must certify that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey

Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in

Iran. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Vendors/Bidders must review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

If the Board determines that a person or entity has submitted a false certification concerning its engagement in investment activities in Iran under section 4 of P.L.2012, c.25 (C.52:32-58), the board shall report to the New Jersey Attorney General the name of that person or entity, and the Attorney

General shall determine whether to bring a civil action against the person to collect the penalty prescribed in paragraph (1) of subsection a. of section 5 of P.L.2012, c.25 (C.52:32-59).

In addition, bidders must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes on…