RFP 17DPP00112 T0303 Food Storage Facilities March 10 2017.docx

Revised Bid Solicitation/Request for Proposal

Department of Agriculture

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} Submission Conference (Refer to Bid Solicitation (RFP) Section 1.3.6 for more information.)

Mandatory/Optional Site Visit (Refer to Bid Solicitation (RFP) Section 1.3.5 for more information.)

Not Applicable

Not Applicable

Quote {Proposal} Submission Date (Refer to Bid Solicitation (RFP) Section 1.3.2 for more information.)

Dates are subject to change. All times contained in the Bid Solicitation {RFP} refer to Eastern Time. All changes will be reflected in Bid Amendments {Addenda} to the Bid Solicitation {RFP} posted on the Division of Purchase and Property website and on www.njstart.gov.

Small Business Set-Aside Status |X| Not Applicable

|_| Entire Blanket P.O. {Contract}

|_| Partial Blanket P.O. {Contract}

|_| Subcontracting Only Category

|_| I |_| IV

|_| II |_| V

|_| II |_| VI

Bid Solicitation {RFP} Issued By Using Agency/Agencies

Trenton, New Jersey 086250230

Date: 2/10/17 As of March 10, 2017

Table of Contents

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.

PURPOSE AND INTENT

This Bid Solicitation {Request for Proposal (RFP)} is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of the Department of Agriculture (NJDA), Division of Food and Nutrition. The purpose of this Bid Solicitation {RFP} is to solicit Quotes {Proposals} for the storage of United States Department of Agriculture (USDA) Foods donated by the USDA under the National School Lunch Program (NSLP), Child and Adult Care Feeding Program (CACFP) and Summer Food Service Program (SFSP) to NJDA. The USDA Foods are picked-up from the storage facilities by various recipient agencies to include school districts, non-profit organizations and various State Agencies. Food storage facilities shall include the storage of dry, cooler and freezer food commodities.

The intent of this Bid Solicitation {RFP} is to award up to two (2) Master Blanket Purchase Orders (Blanket P.O.(s)) {Contract(s)} to those responsible Vendors {Bidders} whose Quotes {Proposals}, conforming to this Bid Solicitation {RFP} are most advantageous to the State, price and other factors considered. The State may award any and all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket P.O. {Contract} during the Blanket P.O. {Contract} term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.

The evaluation will be conducted in accordance with Section 6.7 of this Bid Solicitation {RFP}. For purposes of this RFP, the State has been divided into two (2) zones as follows: Southern (Zone A), and Northern (Zone B). One (1) award will be made for each zone.

The State of NJ Standard Terms and Conditions (SSTC) accompanying this Bid Solicitation {RFP} will apply to all Blanket P.O.s {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.

BACKGROUND

This is a reprocurement of the services provided under T-0303 Food Storage Facilities for The Department of Agriculture term Blanket P.O. {Contract}, presently due to expire on February 28, 2017. Vendors {Bidders} interested in the current Blanket P.O. {contract} specifications and pricing information may review the current Blanket P.O. {Contract} T0303 at http://www.state.nj.us/treasury/purchase/pricelists.shtml and are cautioned that this new RFP addresses current requirements.

The following background information is provided as Exhibit 1. This is provided as background information from the 2016 fiscal year:

· Commmodity Storage and Handling Data Sheet Zone A

· Commmodity Storage and Handling Data Sheet Zone B

· Zone A and Zone B Warehouse Receipts

· Zone A and Zone B Warehouse Outbounds

The information contained in Exhibit 1 is provided as historical information and is only to be used as reference. This information is no indication of, or guarantee for, future requirements or contract usage.

The Exhibit 1 spreadsheet contains tabs along the bottom identifying the information on the individual sheets.

The National School Lunch Program (NSLP) began in 1946 and is a federally assisted meal program operating in public and nonprofit private schools and residential child care institutions. It provides nutritionally balanced, low-cost or free lunches to children each school day. The Child and Adult Care Feeding Program (CACFP) provides aid to child and adult care institutions and family or group day care homes. The Summer Food Service Program (SFSP) ensures that low-income children continue to receive nutritious meals when school is not in session.

As part of these programs federal funds are set aside for the purchase of USDA Foods and Department of Defense (DOD) fresh produce. The amount of these funds varies annually and is based on a cents per meal rate, published annually in the Federal Register, multiplied by the Average Daily Participation (ADP) or average number of reimbursable meals served daily in the schools. The majority of the USDA Foods are provided through the NSLP. The USDA Foods provided through CACFP and SFSP are minimal.

Each school district receives a certain amount of entitlement dollars based on their ADP. They then determine how their entitlement funds will be used. One option is to allow the State to purchase USDA Foods on their behalf. The USDA foods purchased by the State on behalf of the school districts are the foods that will be managed through this contract.

Availability of USDA Foods: The State’s obligation to continue this agreement is contingent upon the continued donations, by USDA, of USDA Foods for which warehousing is required. If USDA Foods are not made available by USDA, through NSLP, CACFP and/or SFSP, the State of New Jersey has no obligation to guarantee any volume of product for storage.

Key Events

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.

A Vendor {Bidder} must not contact the Using Agency and/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. 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 P.O. {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 {RFP} 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.

SUBMISSION OF QUOTES {PROPOSALS}

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:

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 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 Proposal Receiving Room. 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 P.O. {Contract} via this e-mail address. For inquires related to substantive questions refer to Section 1.3.1 (Electronic Question and Answer Period).

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.

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 P.O. {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.

MANDATORY/OPTIONAL SITE VISIT

Not applicable for this procurement.

MANDATORY/OPTIONAL PRE-QUOTE {PROPOSAL} CONFERENCE

Not applicable for this procurement.

PRE-QUOTE {PROPOSAL} DOCUMENT REVIEW

Not applicable for this procurement.

ADDITIONAL Information

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 P.O. {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 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 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.

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}.

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}.

CONTENTS of QUOTE {Proposal}

Quotes {Proposals} can be released to the public pursuant to N.J.A.C. 17:12-1.2(b) and (c), or under the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., or the common law right to know.

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

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.

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 P.O. {Contract} award from being made to the Vendor {Bidder}.

QUOTE {Proposal} ERRORS

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

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 P.O. {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.

QUOTE {PROPOSAL} WITHDRAWAL AFTER QUOTE {PROPOSAL} OPENING, BUT PRIOR TO BLANKET P.O. {CONTRACT} AWARD

NJSTART and Hard Copy: If, after the Quote {Proposal} opening, but before Blanket P.O. {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 P.O. {Contract} resulting from the Quote {Proposal} would be unconscionable; that the mistake relates to a material feature or term of the Blanket P.O. {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 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 P.O. {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.

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}.

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 in-state Vendors {Bidders}. The State of New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Procurement Officials, or the National Institute of Governmental Purchasing or a State’s statutes and regulations to identify States having preference laws, regulations, or practices and to invoke reciprocal actions. The State of New Jersey 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.

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.

DEFINITIONS

CROSSWALK

General Definitions

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

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

All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: labor costs, overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.

Best and Final Offer or BAFO – Pricing timely submitted by a Vendor {Bidder} upon invitation by the Bureau 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 P.O. {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 P.O. {Contract} between the State and the Vendor(s) {Contractor(s)}. A Change Order {Contract Amendment} is not effective until it is signed and approved in writing by the Director or Deputy Director, Division of Purchase and Property.

Cooperative Purchasing Program – The Division’s intrastate program that provides procurement-related assistance to New Jersey local governmental entities and boards of education, State and county colleges and other public entities having statutory authority to utilize select State Blanket P.O.s {Contracts} issued by the Division, pursuant to the provisions of N.J.S.A. 52:25-16.1 et seq.

Days After Receipt of Order (ARO) - means the number of calendar days ‘After Receipt of Order’ in which the Using Agency will receive the ordered materials and/or services.

Director – Director, Division of Purchase and Property, Department of the Treasury, who by statutory authority is the Chief Contracting Officer for the State of New Jersey.

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

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

Division – The Division of Purchase and Property.

Evaluation Committee – A committee established or Division staff member assigned by the Director to review and evaluate Quotes {Proposals} submitted in response to this Bid Solicitation {RFP} and recommend a Blanket P.O. {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 P.O.”) {Contract} – The Blanket P.O. {Contract} consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation {RFP}, the responsive Quote {Proposal} submitted by a responsible Vendor {Bidder} as accepted by the State, the notice of award, any Best and Final Offer, any subsequent written document memorializing the agreement, any modifications to any of these documents approved by the State and any attachments, Bid Amendment {Addenda} or other supporting documents, or post-award documents including Change Orders {Contract Amendments} agreed to by the State and the Vendor {Contractor}, in writing.

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

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

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

Ownership Disclosure Form – Refers to the Statement of Bidder/Vendor Ownership as utilized in NJSTART.

Primary Form – An electronic form contained within a Vendor’s {Bidder’s} NJSTART profile designated by the Vendor {Bidder} as the primary or principal version of the required form.

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 P.O.(s) {Contract(s)} to the Director and the Deputy Director.

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

QRGs – Quick Reference Guides.

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

Retainage - The amount withheld from the Vendor {Contractor} payment that is retained and subsequently released upon satisfactory completion of performance milestones by the Vendor {Contractor}.

Revision – A response to a BAFO request or a requested clarification of the Vendors {Bidders} Quote {Proposal}.

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

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

Small Business – Pursuant to N.J.A.C. 17:13-1.2, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one of the three following categories: For goods and services - (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and (C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III); For construction services: (A) 0 to $3,000,000 (Category IV); (B) gross revenues that do not exceed 50 percent of the applicable annual revenue standards established at 13 CFR 121.201 (Category V); and (C) gross revenues that do not exceed the applicable annual revenue standards established at CFR 121.201, (Category VI).

State – The State of New Jersey.

State Contract Manager or SCM – The individual, as set forth in Section 8.0, responsible for the approval of all deliverables, i.e., tasks, sub-tasks or other work elements in the Scope of Work. The SCM cannot direct or approve a Change Order {Contract Amendment}.

Subtasks – Detailed activities that comprise the actual performance of a task.

Subcontractor – An entity having an arrangement with a Vendor {Contractor}, whereby the Vendor {Contractor} uses the products and/or services of that entity to fulfill some of its obligations under its State Blanket P.O. {Contract}, while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket P.O. {Contract}, including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Vendor {Contractor}.

Task – A discrete unit of work to be performed.

Unit Cost – All-inclusive, firm fixed price charged by the Vendor {Bidder} for a single unit identified on a price line.

Using Agency[ies] – A State department or agency, a quasi-State governmental entity, or a Cooperative Purchasing Program participant, authorized to purchase products and/or services under a Blanket P.O. {Contract} procured by the Division. In addition, with the approval of the Director of the Division of Purchase and Property and the agreement of the Vendor {Contractor}, the Blanket P.O. {Contract} may be used by any Using Agency or quasi-State governmental entity.

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 P.O. {Contract} resulting from this Bid Solicitation {RFP}.

BLANKET P.O. {contract}-specific definitions/ACRONYMS

AMS – Agricultural Marketing Service, located within the United States Department of Agriculture

Bill of lading (BOL) – Documentation of the contents of a shipment and other pertinent information as required in the contract of carriage.

Carrier – A commercial enterprise that transports USDA Foods from one location to another but does not store such foods.

CFR – Code of Federal Regulations.

CWT – A hundredweight is a unit of measurement for weight used in certain commodities trading contracts. In North America, a hundredweight is equal to 100 pounds.

Detention Charge – A penalty charge assessed by carriers for shipments held beyond the specified free time.

DOD – The United States Department of Defense.

Dunnage – The debris used to protect or support freight that remains in a rail car, or trailer after the freight has been unloaded.

Federal Register – A daily publication that makes available to the public the rules, regulations, and other legal notices issued by federal administrative agencies.

Flippers – Both ends of the can are flat, but one end will bulge outward when the opposite end receives pressure. This condition is caused by either bacterial action or chemical action resulting in gas production.

FNS – Food and Nutrition Services, Division of USDA.

Free Time – The amount of time established by carriers for the unloading of freight before penalty charges apply.

Gross Weight – The weight of an article, together with the weight of its container and the materials used for packing.

Lumper fee – A fee assessed by a contractor for unloading a shipment. Contractors are not permitted to assess lumper fees when receiving USDA Foods.

NJDA – The New Jersey Department of Agriculture.

OEM – The Office of Emergency Management located in the Division of State Police, Department of Law and Public Safety.

Out-of-condition commodities – USDA Foods which are no longer fit for human consumption as a result of spoilage, contamination, infestation, adulteration, or other damage.

Pallet – A mobile platform for the placement of material for storage or transportation.

Palletize – Placing USDA foods on a pallet.

RA – Recipient Agency (including but not limited to school districts, charitable institutions, or summer feeding programs/camps).

Sales order – An order for a specific USDA Food that includes the material description, quantity, delivery period, and destination, and that is identified by a specific code.

Slip Sheet – A piece of cardboard used in place of a pallet.

Split shipment – A shipment of USDA foods that is split between two or more delivery locations.

Springers – One or both ends of the exterior of a rusty can bulge outward because of bacterial action and gas. This bulge will yield on pressure and spring back to bulge condition on release.

Swellers – Both ends of cans bulge outward because of bacterial action and gas production. Ends do not yield to finger pressure.

Tailgate – To move freight to the back end of a trailer for unloading.

Unitize- To band together and/or stretch or shrink wrap cartons, cases or bag goods into a single unit and place on a pallet or platform for shipping.

USDA – United States Department of Agriculture.

USDA Foods – Foods donated, or available for donation, by USDA under any of the legislation referred to in part 250 of the Regulations. (previously referred to as “commodities”).

WBSCM (Web-Based Supply Chain Management) – An integrated commodity purchasing, tracking and ordering system used by USDA and its customers, vendors, suppliers, and transportation personnel.

SCOPE OF WORK

GEOGRAPHICAL REGIONS

For purposes of this Master Blanket Purchase Order (Blanket P.O.) {Contract}, the State has been divided into two (2) zones as follows: Southern (Zone A), and Northern (Zone B). The Vendor {Contractor} shall be responsible for providing warehousing services for all counties and Recipient Agencies within a Zone. The warehouse must be physically located in the Zone that the Vendor {Contractor} services.

The Counties comprising each zone are indicated below:

Sussex County

Union County

Warren County

FACILITY

The Vendor {Contractor} must have, as part of their business operation, a warehouse that will accommodate the storage of dry, refrigerated, and frozen USDA Foods, as well as fresh produce, under one roof. The facility must minimally be in operation between the hours of 7:00 am to 3:00 pm daily, Monday through Friday. It is preferred that the facility be available for pickups beginning at 5: 00 am on weekdays. The Vendor {Contractor} shall store USDA Foods in warehouse(s) as specified in this Bid Solicitation {RFP}. Specific addresses shall be submitted to the State Contract Manager prior to starting work under this Blanket P.O. {Contract}. If, at any point during the contract period, the Vendor {Contractor} is unable to offer the listed space, the Vendor shall be responsible for fulfilling all requirements of the Bid Solicitation {RFP} at no additional cost to the State.

The Vendor {Contractor} warehouse must be physically located in the zone the Vendor {Contractor} plans to service. All freezer, dry and cooler facilities must be available at one (1) storage facility location within the awarded zone. Recipient agencies (RAs) located in the other zone may be assigned for pick-up at the contractor’s warehouse at the discretion of the State Vendor {Contractor} Manager. The Vendor {Contractor} may be required to provide warehousing services for counties in the other zone in cases of emergency or contract termination.

The Vendor {Contractor} warehouse must have truck sidings (loading platforms) capable of handling a minimum of three (3) inbound truck deliveries on any given day. The majority of the inbound truck deliveries will be between August and January. The Vendor {Contractor} must be able to accommodate up to a maximum of thirty (30) outbound truck pick-ups on any given day. Regular pickups shall be scheduled from September through May with limited pickups in June. Actual inbound/outbound schedules are dependent upon USDA purchases.

FEDERAL AND STATE STORAGE LAWS AND REGULATIONS

Vendor {Contractor} shall comply with the requirements of 7 CFR Part 250. The Vendor {Contractor} shall comply with all other applicable Federal and State laws and regulations now in effect, or hereafter enacted or promulgated, as well as any regulations and instructions now or hereafter promulgated by USDA or NJDA in connection with the receipt, use, storage, handling and distribution of such NSLP foods, and as otherwise relates to the NSLP program.

The Vendor {Contractor} storage facilities must be suitable for the proper handling and storage of NSLP foods and shall provide competent supervision for the proper training, management and control of all activities pertaining to the Program. The Vendor {Contractor} shall comply with the standards for “Warehousing, Distribution and Storage of Donated Foods” (7 CFR 250.14) and shall ensure that all USDA donated foods are clearly and readily identified.

Storage facilities must have approval certificates issued by New Jersey state or local health officials. It is recommended that storage facilities have an annual health inspection. Certificates must be available for review by the NJDA staff.

In accordance with 7 CFR 250.14(b), the Contractor must ensure that USDA Foods are stored in a manner to protect them from spoilage, infestation, damage, or other conditions that may jeopardize the wholesomeness or safety of the foods. USDA Foods must be maintained in sanitary conditions, at the proper temperature and humidity, and off of the floor in a manner to allow for adequate air circulation.

In addition to proper storage practices, effective inventory management is necessary to ensure that USDA donated foods are distributed in a timely manner, and in optimal condition. As a general rule, the Contractor should use a first-in-first-out (FIFO) system of inventory management. In order to implement FIFO, USDA Foods cases or other containers should be marked with the date of their receipt at the storage facility. However, the Contractor should also consider dates placed on food products by the manufacturers that help to determine how long food products can be expected to remain in optimal condition (ex: expiration dates, “use by dates”, “best if used by” dates and “sell by” dates). Such product dates must be considered, along with FIFO, in management of USDA Foods inventories.

· The State Contract Manager reserves the right to assign representatives of the State to visit the Contractor’s storage facilities at any time during the course of the contract to ensure Federal and State compliance, and ensure that no possible violations are made to the above listed standards/regulations.

· Foods stored for the National School Lunch Program (NSLP) are to be individually identified. If the Contractor is storing food for any other federal food program, local Board of Education or emergency food program, these foods must be stored separate and apart from NSLP foods.

ELECTRONIC DATA PROCESSING INFORMATION/WEB-BASED SYSTEM REQUIREMENTS

The NJDA may be implementing a web based food distribution system in the future. The Contractor shall have the capability to maintain an infrastructure support that facilitates electronic communication and electronic transfer of data between NJDA and the warehouse location(s). The data transfer shall conform to NJDA specifications and shall include all required information for the receipt of USDA Foods and storage detail on a daily basis. This electronic transfer would be through an automated interface with NJDA’s Food Distribution System, or via data upload. The system must be compliant with Section 5.9 of the RFP. If implemented, Vendor {Contractor} shall be required to work in concert with the Office of Information Technology (OIT), to ensure compliance with Federal and State agency requirements, and Section 5.9 of the Blanket P.O. {Contract}.

The Vendor {Contractor} shall have a web based inventory tracking system that can be viewed by NJDA staff on a daily basis. The book inventory must match the physical inventory.

The Vendor {Contractor} shall also provide the ability for NJDA staff to view federally donated USDA Foods data and generate reports of that data on the Vendor {Contractor} tracking systems.

The Vendor {Contractor} shall receive information from, and enter information into, USDA’s Web Based…