RFP T0046 Protective Clothing and Footwear 04 28 16~1.doc

Bid Solicitation/Request for Proposal

Bid #: 16DPP00020

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

Mandatory/Optional Pre-Proposal Conference (Refer to Bid Solicitation {RFP} Section1.3.6 for more information.)

Mandatory/Optional Site Visit

(Refer to Bid Solicitation {RFP} Section 1.3.5 for more information.)

Quote {Proposal} Submission Date

(Refer to Bid Solicitation {RFP} Section 1.3.2 for more information.)

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

Small Business Set-Aside

Status

FORMCHECKBOX

Not Applicable

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Entire Contract

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Partial Contract

FORMCHECKBOX

Subcontracting Only Category

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I

FORMCHECKBOX

II

FORMCHECKBOX

III

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

State of New Jersey

Department of the Treasury

Cooperative Purchasing Members Division of Purchase and Property

Trenton, New Jersey 08625‑0230 Date: 05/02/16 Table of Contents

41.0 INFORMATION FOR VENDORS {BIDDERS}

41.1 PURPOSE AND INTENT

41.2 BACKGROUND

51.3 Key Events

51.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD

51.3.2 SUBMISSION OF QUOTE {PROPOSAL}

61.3.3 NJSTART

61.3.4 ELECTRONIC SIGNATURES

61.3.5 MANDATORY/OPTIONAL SITE VISIT

61.3.6 MANDATORY/OPTIONAL PRE-QUOTE {PRE-PROPOSAL} CONFERENCE

71.4 ADDITIONAL Information

71.4.1 BID AMENDMENTS {ADDENDA}: Revisions to this BID SOLICITATION {RFP}

71.4.2 VENDOR {BIDDER} Responsibility

71.4.3 COST Liability

71.4.4 CONTENTS of QUOTE {Proposal}

81.4.5 ANNOUNCEMENT OF QUOTE {PROPOSAL} INFORMATION

81.4.6 PRICE Alteration In Hard copy QUOTES {proposals}

81.4.7 QUOTE {proposal} ERRORS

91.4.8 JOINT Venture

91.4.9 Reciprocity for Jurisdictional Vendor {Bidder} Preference

101.4.10 QUOTE {PROPOSAL} ACCEPTANCES AND REJECTIONS

101.5 PRICE List and/or catalog pricing

112.0 DEFINITIONS

112.1 CROSSWALK

112.1.1 General Definitions

143.0 COMMODITY DESCRIPTION/SCOPE OF WORK

143.1 Qualified Brands List

143.2 Delivery

143.3 Return Policy

143.5 price adjustments

154.0 QUOTE {PROPOSAL} PREPARATION AND SUBMISSION

154.1 General

154.2 QUOTE {Proposal} Delivery and Identification

164.3 NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

164.3.1 NJSTART SUBMISSION OF QUOTE {PROPOSAL}

164.3.2 hard copy SUBMISSION

174.4 quote {Proposal} Content

174.4.1 Forms, rEGISTRATIONS and CERTIFICATIONS required with QUOTE {Proposal}

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

234.4.3 SUBMITTALS

244.4.5 PRICE schedule/SHEET

264.4.6 COOPERATIVE PURCHASING PROGRAM

264.4.7 METHOD OF BIDDING/PRICE SHEET INSTRUCTIONS

275.1 PRECEDENCE OF SPECIAL BLANKET PO {CONTRACTUAL} TERMS AND CONDITIONS

275.2 BLANKET PO {Contract} Term and Extension Option

275.2.1 Price Adjustment

285.3 BLANKET PO {Contract} Transition

285.4 CHANGE ORDER {Contract AMENDMENT}

285.5 Vendor {contractor} Responsibilities

295.6 Claims and Remedies

295.6.1 Claims

295.6.2 Remedies

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

295.7 Items Ordered and Delivered

295.8 MANUFACTURING/PACKAGING REQUIREMENTS

295.9 ELECTRONIC PAYMENTS

305.10 Substitution or Addition of SubCONTRACTOR(s)

305.11 Additional Work and/or Special PROJECTS

315.12 BLANKET PO {Contract} Activity Report

325.13 PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES

325.14 DISCLOSURE OF PRODUCT COMPOSITION

325.15 ACCESSIBILITY COMPLIANCE

325.16 News Releases

325.17 Advertising

336.1 RIGHT TO WAIVE

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

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

336.4 STATE'S RIGHT TO REQUEST FURTHER INFORMATION

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

346.6 Evaluation Criteria

346.6.1 QUOTE (PROPOSAL) discrepancies

346.6.2 Evaluation of the QUOTES {proposals}

346.7 Negotiation and Best and Final Offer (BAFO)

356.8 “REQUEST FOR REVISION” WITHIN NJSTART

356.9 POOR PERFORMANCE

367.1 DOCUMENTS REQUIRED BEFORE BLANKET PO {CONTRACT AWARD}

367.1.1 Requirements of Public Law 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (Formerly Executive Order NO. 134) AND EXECUTIVE ORDER No. 117 (2008)

377.1.2 SOURCE DISCLOSURE REQUIREMENTS

377.1.3 Affirmative Action

377.1.4 BUSINESS REGISTRATION

377.2 FINAL BLANKET PO {CONTRACT} AWARD

377.3 INSURANCE CERTIFICATES

377.4 Performance SECURITY

388.1 state CONTRACT MANAGER

388.1.1 state contract manager responsibilities

388.1.2 Coordination with the State Contract manager

1.0 INFORMATION FOR VENDORS {BIDDERS}

NOTICE: The Vendor {Bidder} is advised to thoroughly read all sections, as many have been revised, and follow all instructions contained in this Bid Solicitation {RFP}, including the instructions on the Bid Solicitation’s {RFP’s} Offer and Acceptance Page {Signatory Page} and read through all Quick Reference Guides (QRGs) located on the NJSTART Vendor Support Page (http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml), in preparing and submitting its quote {proposal}.

Terminology is listed by new NJSTART term; {existing term} appears in braces.

1.1 PURPOSE AND INTENT

This Bid Solicitation {RFP} is issued by the Procurement Bureau, Division of Purchase and Property, Department of the Treasury on behalf of Various Using Agencies and Cooperative Purchasing Participants. The purpose of this RFP is to solicit proposals for Protective Clothing and Footwear. .

The intent of this Bid Solicitation {RFP} is to award Master Blanket Purchase Orders (Blanket POs) {Contracts} to those responsible Vendors {Bidders} whose proposals, conforming to this Bid Solicitation {RFP} are most advantageous to the State, price and other factors considered. The State, however, reserves the right to separately procure individual requirements that are the subject of the contract during the contract term, when deemed by the Director to be in the State of New Jersey’s (State) best interest.

Awards will be made by line item in accordance with Section 6.6 of this Bid Solicitation {RFP}.

The State’s Standard Terms and Conditions (SSTCs) accompanying this Bid Solicitation {RFP} will apply to all Blanket POs {Contracts} made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this Bid Solicitation {RFP} and should be read in conjunction with them unless the Bid Solicitation {RFP} specifically indicates otherwise.

The State intends to extend the Blanket POs {Contracts} awarded to the Division’s cooperative purchasing partners. These partners include quasi-state agencies, counties, municipalities, school districts, volunteer fire departments, first aid squads, independent institutions of higher learning, County colleges and State colleges. In order for the State Blanket POs {Contracts} to be extended to cooperative purchasing partners, the Vendor {Bidder} must agree to the extension by executing the Cooperative Purchase Form attached to this Bid Solicitation {RFP}. Also refer to Section 4.4.6 of this Bid Solicitation {RFP}. Although the State, with the assent of the Vendor {Bidder}, is making the use of any contract resulting from this Bid Solicitation {RFP} available to non-State Agencies, the State makes no representation as to the acceptability of any State Bid Solicitation {RFP} terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation.

1.2 BACKGROUND

This is a reprocurement of the product/services provided under the Protective Clothing and Footwear term Blanket PO {contract}, presently due to expire on August 31, 2016. Vendors {Bidders} interested in the current Blanket PO {contract} specifications and pricing information may review the current Blanket PO {contract} T0046 at http://www.state.nj.us/treasury/purchase/pricelists.shtml and are cautioned that the new Bid Soliciation {RFP} addresses current requirements.

1.3 Key Events

1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Vendors {Bidders} via the “Q&A” Tab of the Bid in NJSTART.

a. Questions should be directly tied to the Bid Solicitation {RFP} and asked in consecutive order, from beginning to end, following the organization of the Bid Solicitation {RFP}; and

b. Each question should begin by referencing the Bid Solicitation {RFP} page number and section number to which it relates.

Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

A Vendor {Bidder} must not contact the Using Agency directly, in person, by telephone or by e-mail, concerning this Bid Solicitation {RFP}.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation {RFP} is indicated on the Bid Solicitation {RFP} cover sheet and on the “Summary” page of the Bid Solicitation in NJSTART. In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment {Addendum}. Any Bid Amendment {Addendum} to this Bid Solicitation {RFP} will become part of this Bid Solicitation {RFP} and part of any Blanket PO {Contract} awarded as a result of this Bid Solicitation {RFP}. Bid Amendments {Addenda} to this Bid Solicitation {RFP}, if any, will be posted as a File Attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date. (See Bid Solicitation {RFP} Section 1.4.1 for further information.)

1.3.1.1 EXCEPTIONS TO THE STATE OF NJ STANDARD TERMS AND CONDITIONS (SSTC)

Questions regarding the SSTC and exceptions to mandatory requirements must be posed during this Electronic Question and Answer period and shall contain the Vendor’s {Bidder’s} suggested changes and the reason for the suggested changes.

1.3.2 SUBMISSION OF QUOTE {PROPOSAL}

In order to be considered for award, the quote {proposal} must be received by the Procurement Bureau of the Division at the appropriate location by the required time. Vendors {Bidders} shall submit a quote {proposal} either electronically through NJSTART or via hard copy.

Hard copy quote {proposal} must be submitted to the physical location noted below:

PROPOSAL RECEIVING ROOM – 9TH FLOOR

PROCUREMENT BUREAU

DIVISION OF PURCHASE AND PROPERTY

DEPARTMENT OF THE TREASURY

33 WEST STATE STREET, P.O. BOX 230

TRENTON, NJ 08625-0230

Directions to the Division are available on the web at http://www.state.nj.us/treasury/purchase/directions.shtml.

QUOTES {PROPOSALS} NOT RECEIVED PRIOR TO THE QUOTE {PROPOSAL} OPENING DEADLINE SHALL BE REJECTED. THE DATE AND TIME OF THE QUOTE {PROPOSAL} OPENING ARE INDICATED ON THE BID SOLICITATION {RFP} COVER SHEET AND IN THE “SUMMARY” PAGE OF THE BID SOLICITATION {RFP} IN NJSTART.

Note: A Vendor {Bidder} using U.S. Postal Service regular or express mail services should allow additional time since the U.S. Postal Service does not deliver directly to the Procurement Bureau. A Vendor {Bidder} should make every effort to submit its quote {proposal} well ahead of the quote {proposal} submission deadline to mitigate unforeseen delays or issues. The Vendor {Bidder} is solely responsible for the timely submission of its quote {proposal} in response to this Bid Solicitation {RFP}.

Procedural inquiries concerning this Bid Solicitation {RFP} may be directed to RFP.procedures@treas.nj.gov.

The State will not respond to substantive questions related to the Bid Solicitation {RFP} or any other Blanket PO {Contract} via this e-mail address.

1.3.3 NJSTART

The Division is pleased to announce its new eProcurement solution “

Vendor {Bidder} Support:

Vendors {Bidders} are strongly encouraged to visit the NJSTART Vendor Support Page, which contains Quick Reference Guides (QRGs), supporting videos, a glossary of NJSTART terms, and helpdesk contact information.

The Vendor {Bidder} should utilize the QRGs before attempting to submit its quote {proposal} using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART quote {proposal} and attachments have been properly submitted.

1.3.4 ELECTRONIC SIGNATURES

Vendors {Bidders} submitting quotes {proposals} through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote {Proposal}) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket PO {Contract} Award and That Should Be Submitted with the Quote {Proposal}) of this Bid Solicitation {RFP} electronically by typing the name of the authorized signatory in the “Signature” block as an alternative to downloading, physically signing the form, scanning the form, and uploading the form to NJSTART.

Vendors {Bidders} submitting quotes {proposals} in hard copy format, must provide forms with original, physical signatures, otherwise its quote {proposal} may be deemed non-responsive.

1.3.5 MANDATORY/OPTIONAL SITE VISIT

Not applicable to this Bid Soliciation {RFP}.

1.3.6 MANDATORY/OPTIONAL PRE-QUOTE {PRE-PROPOSAL} CONFERENCE

Not applicable to this Bid Solicitation {RFP}.

1.4 ADDITIONAL Information

1.4.1 BID AMENDMENTS {ADDENDA}: Revisions to this BID SOLICITATION {RFP}

In the event that it becomes necessary to clarify or revise this Bid Solicitation {RFP}, such clarification or revision will be by Bid Amendment {Addendum}. Any Bid Amendment {Addendum} to this Bid Solicitation {RFP} will become part of this Bid Solicitation {RFP} and part of any Blanket PO {Contract} awarded as a result of this Bid Solicitation {RFP}.

There are no designated dates for release of Bid Amendments {Addenda}. Those Vendors {Bidders} who are on the bidholder list either through commodity code registration in NJSTART or by acknowledging the bid in NJSTART should receive notification of any Bid Amendment(s) {Addenda}. If a Vendor {Bidder} is not on the bidholder list to receive notifications related to a Bid Solicitation {RFP}, Bid Amendments {Addenda} are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

BID AMENDMENTS {ADDENDA} WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE VIEWABLE ON THE “SUMMARY” PAGE OF THE BID SOLICITATION {RFP} IN NJSTART. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all Bid Amendments {Addenda} related to this procurement. An interested Vendor {Bidder} should check the NJSTART “Open Bids” Tab on a daily basis to ensure review of the most updated information.

1.4.2 VENDOR {BIDDER} Responsibility

The Vendor {Bidder} assumes sole responsibility for the complete effort required in submitting a quote {proposal} in response to this Bid Solicitation {RFP}. No special consideration will be given after quotes {proposals} are opened because of a Vendor’s {Bidder’s} failure to be knowledgeable as to all of the requirements of this Bid Solicitation {RFP}.

1.4.3 COST Liability

The State assumes no responsibility and bears no liability for costs incurred by a Vendor {Bidder} in the preparation and submittal of a quote {proposal} in response to this Bid Solicitation {RFP}.

1.4.4 CONTENTS of QUOTE {Proposal}

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

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

As part of its quote {proposal}, a Vendor {Bidder} may designate any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion. The location in the quote {proposal} of any such designation should be clearly stated in a cover letter. The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the Vendor {Bidder} accordingly. Any proprietary and/or confidential information in a quote {proposal} will be redacted by the State. The State will not honor any attempt by a Vendor {Bidder} to designate its entire quote {proposal} and/or prices as proprietary, confidential and/or to claim copyright protection for its entire quote {proposal}. Copyright law does not prohibit access to a record which is otherwise available under OPRA. In the event of any challenge to the Vendor’s {Bidder’s} assertion of confidentiality with which the State does not concur, the Vendor {Bidder} shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Vendor {Bidder}. The State assumes no such responsibility or liability.

By signing the Bid Solicitation {RFP} Offer and Acceptance Page {Signatory Page}, the Vendor {Bidder} waives any claims of copyright protection set forth within the manufacturer's price list and/or catalogs. The price lists and/or catalogs must be accessible to State Using Agencies and Cooperative Purchasing Program participants and thus have to be made public to allow all eligible purchasing entities access to the pricing information.

1.4.5 ANNOUNCEMENT OF QUOTE {PROPOSAL} INFORMATION

On the date and time quotes {proposals} are due under the Bid Solicitation {RFP}, all information concerning the quotes {proposals} submitted may be publicly announced and shall be available for inspection and copying except as noted below:

a. Information appropriately designated as proprietary and/or confidential shall not be available for inspection and copying; and

b. Where negotiation is contemplated, only the names and addresses of the Vendors {Bidders} submitting quotes {proposals} will be announced, and the contents of the quotes {proposals} shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

1.4.6 PRICE Alteration In Hard copy QUOTES {proposals}

Hard copy quote {proposal} prices must be typed or written in ink. Any price change (including "white-outs") must be initialed. Failure to initial price changes shall preclude a Blanket PO {Contract} award from being made to the Vendor {Bidder}.

1.4.7 QUOTE {proposal} ERRORS

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

1.4.7.1 QUOTE {PROPOSAL} WITHDRAWAL PRIOR TO QUOTE {PROPOSAL} OPENING

NJSTART: A Vendor {Bidder} may withdraw its quote {proposal} submission in NJSTART prior to the quote {proposal} opening; however, Vendors {Bidders} should note that while withdrawn NJSTART quotes {proposals} remain viewable by the Vendor {Bidder} on its Vendor Profile Homepage, they are removed from the Division’s view and cannot be considered for Blanket PO {Contract} award. The Vendor {Bidder} may submit a revised quote {proposal} as long as the quote {proposal} is received prior to the announced date and time for quote {proposal} submission. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

Hard Copy: A Vendor {Bidder} may request that its hard copy quote {proposal} be withdrawn prior to the quote {proposal} opening. Such request must be made, in writing, to the Supervisor of the Proposal Review Unit at the address provided in Section 1.4.7.2 below. The Vendor {Bidder} may submit a revised quote {proposal} as long as the quote {proposal} is received prior to the announced date and time for quote {proposal} submission and at the place specified.

1.4.7.2 QUOTE {PROPOSAL} WITHDRAWAL AFTER QUOTE {PROPOSAL} OPENING, BUT PRIOR TO BLANKET PO {CONTRACT} AWARD

NJSTART and Hard Copy: If, after the quote {proposal} opening, but before Blanket PO {Contract} award, a Vendor {Bidder} discovers an error in its quote {proposal}, the Vendor {Bidder} may make a written request to the Supervisor of the Proposal Review Unit to withdraw its quote {proposal} from consideration for award. If the Vendor’s {Bidder’s} request to withdraw is made in good faith, and the State will not be significantly prejudiced by granting the withdrawal of the quote {proposal} beyond the loss of the benefit of the bargain to the State of the withdrawing Vendor’s {Bidder’s} offer, the request shall be granted. Evidence of the Vendor’s {Bidder’s} good faith in making this request can be demonstrated by one or more of the following factors: A mistake is so significant that to enforce the Blanket PO {Contract} resulting from the quote {proposal} would be unconscionable; that the mistake relates to a material feature or term of the Blanket PO {Contract}; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After quote {proposal} opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its quote {proposal} and the Director may in her discretion allow said Vendor {Bidder} to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Vendor {Bidder} and take those prior requests to withdraw into consideration when evaluating the Vendor’s {Bidder’s} future quotes {proposals}.

All quote {proposal} withdrawal requests must include the Bid Solicitation {RFP} identification number and the final quote {proposal} submission date and must be sent to the following address:

Department of the Treasury

Division of Purchase and Property

PO Box 039

33 West State Street – 9th Floor

Trenton, New Jersey 08625-0039

Attention: Supervisor, Proposal Review Unit

If during a quote {proposal} evaluation process, an obvious pricing error made by a potential Blanket PO {Contract} awardee is found, the Director or her designee shall issue written notice to the Vendor {Bidder}. The Vendor {Bidder} will have up to five (5) business days after receipt of the notice to confirm its pricing. If the Vendor {Bidder} fails to respond, its quote {proposal} shall be considered withdrawn, and no further consideration shall be given to it.

If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing, other than a disparity between the unit price and extended price and the Vendor’s {Bidder’s} intention is not readily discernible from other parts of the quote {proposal}, the Director may seek clarification from the Vendor {Bidder} to ascertain the true intent of the quote {proposal}. If the Vendor {Bidder} inadvertently completes the “Discount” field and the “Unit Cost” field, the Discounted Unit Cost will prevail.

1.4.8 JOINT Venture

If a joint venture is submitting a quote {proposal}, the agreement between the parties relating to such joint venture should be submitted with the joint venture’s quote {proposal}. Authorized signatories from each party comprising the joint venture must sign the Offer and Acceptance Page {Signatory Page}. Each party to the joint venture must individually comply with all the forms and certification requirements in Sections 4.4.1 and 4.4.2 of this Bid Solicitation {RFP}.

1.4.9 Reciprocity for Jurisdictional Vendor {Bidder} Preference

In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17:12-2.13, the State of New Jersey will invoke reciprocal action against an out-of-State Vendor {Bidder} whose state or locality maintains a preference practice for its Vendors {Bidders}. New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Purchasing Officials, or the National Institute of Governmental Purchasing to identify States having preference laws, regulations, or practices and to invoke reciprocal actions. The State may obtain additional information as it deems appropriate to supplement the stated survey information.

A Vendor {Bidder} may submit information related to preference practices enacted for a State or Local entity outside the State of New Jersey. This information may be submitted in writing as part of the quote {proposal} response, including name of the locality having the preference practice, as well as identification of the county and state, and should include a copy of the appropriate documentation, i.e., resolution, regulation, law, notice to Vendor {Bidder}, etc. It is the responsibility of the Vendor {Bidder} to provide documentation with the quote {proposal} or submit it to the Director within five (5) business days after the deadline for quote {proposal} submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public quote {proposal} submission date may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.

1.4.10 QUOTE {PROPOSAL} ACCEPTANCES AND REJECTIONS

N.J.A.C. 17:12-2.7(d), the Director’s right to waive minor irregularities or omissions in a quote {proposal} and N.J.A.C. 17:12-2.2 which defines causes for quote {proposal} rejection, apply to all quotes {proposals}. In addition, pursuant to N.J.S.A. 52:34-12, the Director retains the right to reject all quotes {proposals} if it is in the public interest.

1.5 PRICE List and/or catalog pricing

The Vendor’s {Bidder's} signature guarantees that prices set forth within the manufacturer's preprinted price lists and/or catalogs will govern for the period as defined in Section 5.2.1 of the Bid Solicitation {RFP}. By signature, the Vendor {Bidder} also acknowledges that any reference to conditions or provisions affecting the quote {proposal} pricing as entered for the RFP price lines, including, but not limited to, minimum orders, order threshold charges, service charges, price escalation clauses, FOB shipping point limitations, and shipping charges, contained in the preprinted price lists, catalogs, and/or literature, is not a condition or provision of its quote {proposal} and will not be part of any State Blanket PO {contract} awarded as a result of this Bid Solicitation {RFP}.

2.0 DEFINITIONS

2.1 CROSSWALK

2.1.1 General Definitions

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

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

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 – a pricing timely submitted by a Vendor {Bidder} upon invitation by the Division after quote {proposal} opening, with or without prior discussion or negotiation.

Bid or Bid Solicitation {RFP or Solicitation} – This series of documents, which establish the bidding and Blanket PO {Contract} requirements and solicits quotes {proposals} to meet the needs of the Using Agencies as identified herein, and includes the Request for Proposal, State of NJ Standard Terms and Conditions (SSTC), price schedule, attachments, and Bid Amendments {Addenda}.

Bid Amendment {Addendum} – Written clarification or revision to this Bid Solicitation {RFP} issued by the Division of Purchase and Property. Bid Amendments {Addenda}, if any, will be issued prior to quote {proposal} opening.

Business Day - Any weekday, excluding Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Calendar Day – Any day, including Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Change Order {Contract Amendment} – An alteration or modification of the terms of a Blanket PO {Contract} between the State and the Vendor(s) {Contractor(s)}. A Change Order {Contract Amendment} is not effective until it is signed and approved in writing by the Director or Deputy Director, Division of Purchase and Property.

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 POs {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. By statutory authority, the Director is the Chief Contracting Officer for the State of New Jersey.

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

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 PO {Contract} award to the Director.

Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs.

Freight - Means Freight on Board (FOB) Destination.

Joint Venture – A business undertaking by two or more entities to share risk and responsibility for a specific project.

Master Blanket Purchase Order (“Blanket PO”) {Contract} – The Blanket PO {Contract} consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation {RFP}, the responsive quote {proposal} submitted by a responsible Vendor {Bidder} as accepted by the State, the notice of award, any Best and Final Offer, any subsequent written document memorializing the agreement, any modifications to any of these documents approved by the State and any attachments, Bid 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 for an item on a price line.

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

Procurement Bureau - The Division unit responsible for the preparation, advertisement, and issuance of Bid Solicitations {RFPs}, for the tabulation of quotes {proposals} and for recommending award(s) of Blanket PO(s) {Contract(s)} to the Director and the Deputy Director.

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

QRGs – Quick Reference Guides.

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

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: (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).

State – State of New Jersey.

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

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 PO {Contract}, while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket PO {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 PO {Contract}) procured by the Division. This Blanket PO {Contract} may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation {RFP}. In addition, with the approval of the Director of the Division of Purchase and Property and the agreement of the Vendor {Contractor}, the Blanket PO {Contract} may be used by any Using Agency or quasi-governmental agency.

Vendor {Bidder} – An entity offering a quote {proposal} in response to the Division’s Bid Solicitation {RFP}.

Vendor {Contractor} – The Vendor {Bidder} awarded a Blanket PO {Contract} resulting from this Bid Solicitation {RFP}.

3.0 COMMODITY DESCRIPTION/SCOPE OF WORK

3.1 Qualified Brands List

A qualified manufacturer brands list has been established for this Blanket PO {contract}. The basis for this manufacturer brands list was documentation made available to the Procurement Bureau relating to the purchases made under the existing protective clothing and footwear Blanket POs {contracts}.

The approved brands are listed on the price sheet by category. There are five (5) categories that describe the types of clothing that are covered by each brand.

Vendors {Contractors} are restricted to sell only brand items awarded to them under each Category. For example, if the Vendor {Contractor} is awarded the "Blauer" brand for Category 1 - Clothing, it can only sell clothing from its catalog and no other items such as shoes, gloves, rainwear etc. which may be include in the same catalog.

Per N.J.A.C. 17:12-6.3 (a), Falsification of records is cause for cancellation of the Blanket PO {contract} and possible Suspension/Debarment as a State Contractor by the Director.

3.2 Delivery

Delivery for this Blanket PO {Contract} is required within 30 days after receipt of order.

3.3 Return Policy

Using Agencies reserve the right to return garments or footwear that do not meet the specifications of this Blanket PO {Contract}, by contacting the Vendor {Contractor} within thirty (30) days from receipt of order. The Vendor {Contractor} must accept such returned merchandise and replace the same within fifteen (15) days from date of return, at no additional cost to the Agency. Failure to do so may result in the cancellation of the Blanket PO {Contract}.

3.5 price adjustments

The Vendor {Contractor} will be able to update its price lists in accordance with Section 5.2.1 of this RFP.

4.0 QUOTE {PROPOSAL} PREPARATION AND SUBMISSION

4.1 General

Quotes {proposals} including Vendor {Bidder} proposed terms and conditions may be accepted, but Vendor {Bidder} proposed terms or conditions that conflict with those contained in the State of New Jersey’s Standard Terms and Conditions (SSTC), accompanying this Bid Solicitation {RFP}, as may be amended, the Bid Solicitation {RFP} as defined in Section 2.1.1 of this Bid Solicitation {RFP}, or that diminish the State’s rights under any Blanket PO {Contract} resulting from the Bid Solicitation {RFP}, will be considered null and void. The State is not responsible for identifying conflicting Vendor {Bidder} proposed terms and conditions before issuing a Blanket PO {Contract} award. It is incumbent upon the Vendor {Bidder} to identify and remove its conflicting proposed terms and conditions prior to quote {proposal} submission. In the event that a Vendor {Bidder} intends to propose terms and conditions contrary to the Bid Solicitation {RFP}, these Vendor {Bidder} proposed terms and conditions shall only be considered if submitted pursuant to the procedure set forth in Section 1.3.1 of this Bid Solicitation {RFP}. Vendors (Bidders) shall not submit exceptions on the “Terms and Conditions” Tab through NJSTART. Under no circumstance is the State required to accept a Vendor’s {Bidder’s} exception to the Bid Solicitation {RFP}.

In the event that prior to Notice of Intent to Award, the Division notifies the Vendor {Bidder} of any such conflicting Vendor {Bidder} proposed term or condition and the conflict it poses, the Division may require the Vendor {Bidder} to either withdraw it or withdraw its quote {proposal}.

After award of Blanket PO {Contract}:

a. If conflict arises between a Vendor {Bidder} proposed term or condition included in the quote {proposal} and a term or condition of the Bid Solicitation {RFP}, the term or condition of the Bid Solicitation {RFP} will prevail; and

b. If the result of the application of a Vendor {Bidder} proposed term or condition included in the quote {proposal} would diminish the State’s rights, the Vendor {Bidder} proposed term or condition will be considered null and void.

The Vendor {Bidder} is advised to thoroughly read 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 through all Quick Reference Guides (QRGs) located on the NJSTART Vendor Support Page, in preparing and submitting its quote {proposal}.

Use of URLs in a quote {proposal} should be kept to a minimum and may not be used to satisfy any material term of a Bid Solicitation {RFP}. If a preprinted or other document included as part of the quote {proposal} contains a URL, a printed (or if a quote {proposal} is submitted electronically, electronic) copy of the URL page shall be provided and will be considered as part of the quote {proposal}. Additional URLs on the copy of the URL page shall not be considered as part of the quote {proposal} unless a copy of those URL pages are also provided.

The forms discussed herein and required for submission of a quote {proposal} in response to this Bid Solicitation {RFP} are available on the Division’s website (http://www.state.nj.us/treasury/purchase/forms.shtml) unless noted otherwise.

4.2 QUOTE {Proposal} Delivery and Identification

A quote {proposal} must arrive at the Division in accordance with this Bid Solicitation’s {RFP’s} instructions within the time frames noted on the Bid Solicitation {RFP} cover sheet and on the “Summary” page of the Bid Solicitation in NJSTART. Vendors {Bidders} submitting electronic quotes {proposals} via NJSTART are cautioned to allow adequate time to ensure timely uploads of all quote {proposal} documents to mitigate unforeseen delays or issues. Vendors {Bidders} submitting hard copy quotes {proposals} are cautioned to allow adequate delivery time to ensure timely delivery of quotes {proposals}. State regulation mandates that late quotes {proposals}, regardless of submission method, are ineligible for consideration. THE EXTERIOR OF ALL QUOTE {PROPOSAL} PACKAGES ARE TO BE LABELED WITH THE BID SOLICITATION {RFP} IDENTIFICATION NUMBER AND THE FINAL QUOTE {PROPOSAL} SUBMISSION DATE OR RISK NOT BEING RECEIVED IN TIME.

4.3 NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

4.3.1 NJSTART SUBMISSION OF QUOTE {PROPOSAL}

If the Vendor {Bidder} is submitting a NJSTART quote {proposal}, hard copy submission is not required. Vendors {Bidders} may refer to the QRGs “Vendor Registration” and “Submit a Quote” for additional instructions detailing how to enroll in NJSTART and submit a NJSTART electronic quote {proposal}. QRGs are located on the NJSTART Vendor Support Page. If the Vendor {Bidder} submits both a NJSTART and a hard copy of the Vendor’s {Bidder’s} quote {proposal}, the NJSTART quote {proposal} will prevail in the event of a discrepancy between the electronic and paper versions.

When submitting a NJSTART quote {proposal}, do not use any symbols (i.e., #, @, $, &, *) in the filename. In addition, the Vendor {Bidder} should name each uploaded electronic file and folder as follows:

Vendor {Bidder} name, Volume #, Bid Solicitation {RFP} number.

If the Vendor {Bidder} submits a quote {proposal} electronically through NJSTART, the Vendor {Bidder} should select the “Confidential” option in NJSTART for attachments on the “Attachments” Tab to request that the documents not be displayed publicly through NJSTART.

Note: Marking an attachment as "Confidential" in NJSTART shall not constitute the Vendor's {Bidder's} designation of the attachment as exempt from public disclosure under OPRA and/or the common law as outlined in Section 1.4.4.

4.3.2 hard copy SUBMISSION If the Vendor {Bidder} is submitting a hard copy quote {proposal}, the Vendor {Bidder} must submit the following:

a. One (1) complete quote {proposal} clearly marked as the “ORIGINAL” quote {proposal}.

b. One (1) complete and exact ELECTRONIC copy of the original quote {proposal} in PDF file format on disc (CD or DVD) to be viewable and "read only" by State evaluators using Adobe Acrobat Reader software.

c. One (1) complete and exact ELECTRONIC copy of the original quote {proposal} in an editable and "writable" PDF file format on disc (CD or DVD) for redaction.

Copies are necessary in the evaluation of the quote {proposal} and for record retention purposes. A Vendor {Bidder} failing to provide the requested number of copies will be charged the cost incurred by the State in producing the requested number of copies. The Vendor {Bidder} should make and retain a copy of its quote {proposal}.

4.4 quote {Proposal} Content

Vendors {Bidders} may refer to the QRGs “Vendor Forms” and “Attaching Files” for instructions on submitting the forms required by this section of the Bid Solicitation {RFP} through NJSTART. Vendors {Bidders} may also refer to the QRG “Vendor Categories and Certifications” for additional instructions on completing shortened versions of required forms by completing certifications on the “Maintain Terms and Categories” Tab within its profile in NJSTART. QRGs are located on the NJSTART Vendor Support Page.

Vendors {Bidders} submitting forms through hard copy must complete the full version of the form and may refer to instructions included within the forms on the Division’s website.

Vendors {Bidders} are under a continuing obligation to report updates to the information contained in its required forms whether submitting through NJSTART or as a hard copy.

Unless otherwise specified, forms must contain an original, physical signature, or an electronic signature pursuant to Section 1.3.4 of this Bid Solicitation {RFP}.

4.4.1 Forms, rEGISTRATIONS and CERTIFICATIONS required with QUOTE {Proposal} For forms in this section to be submitted by the Vendor {Bidder}, the Vendor {Bidder}, may sign the form 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.

4.4.1.1 OFFER AND ACCEPTANCE {Signatory} page

The Vendor {Bidder} shall complete, including signature of an authorized representative of the Vendor {Bidder}, and submit the Offer and Acceptance Page {Signatory Page} accompanying this Bid Solicitation {RFP} (whether submitted through NJSTART or as a hard copy). If the Vendor {Bidder} is a limited partnership, the Offer and Acceptance Page {Signatory Page} must be signed by a general partner. All information requested must be submitted. If the Vendor {Bidder} is a joint venture, the Offer and Acceptance Page {Signatory Page} must be signed by a principal of each party to the joint venture. Failure to comply will result in rejection of the quote {proposal}.

4.4.1.1.1 MACBRIDE PRINCIPLES CERTIFICATION

The Vendor {Bidder} must certify pursuant to N.J.S.A. 52:34-12.2 that it is in compliance with the MacBride principles of nondiscrimination in employment as set forth in N.J.S.A. 52:18A-89.5 and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of its compliance with those principles. See Section 2.5 of the SSTC and N.J.S.A. 52:34-12.2 for additional information about the MacBride principles.

By signing the Bid Solicitation {RFP} Offer and Acceptance Page {Signatory Page}, the Vendor {Bidder} is automatically certifying that either:

a. The Vendor {Bidder} has no operations in Northern Ireland; or

b. The Vendor {Bidder} has business operations in Northern Ireland and is committed to compliance with the MacBride principles.

A Vendor {Bidder} electing not to certify to the MacBride Principles must nonetheless sign the Bid Solicitation {RFP} Offer and Acceptance Page {Signatory Page} AND must include, as part of its quote {proposal}, a statement indicating its refusal to comply with the provisions of the Act.

4.4.1.1.2 No SUBCONTRACTOR CERTIFICATION

For a quote {proposal} that does NOT include the use of any Subcontractors, by signing the Bid Solicitation {RFP} Offer and Acceptance Page {Signatory Page}, the Vendor {Bidder} is automatically certifying that:

a. In the event the award is granted to the Vendor’s {Bidder’s} firm and the Vendor {Bidder} later determines at any time during the term of the Blanket PO {Contract} to engage Subcontractors to provide certain goods and/or services, pursuant to Section 5.8 of the SSTC, the Vendor {Bidder} shall submit a Subcontractor Utilization Plan form for approval to the Division in advance of any such engagement of Subcontractors; and

b. If the Blanket PO {Contract} is a small business subcontracting set-aside, the Vendor {Bidder} certifies that in engaging Subcontractors, it shall make a good faith effort to achieve the subcontracting set-aside goals, and shall attach to the Subcontractor Utilization Plan documentation of such efforts in accordance with N.J.A.C. 17:13-4 et seq.

4.4.1.1.3 NON-COLLUSION

By submitting a quote {proposal} and signing the Bid Solicitation {RFP} Offer and Acceptance Page {Signatory Page}, the Vendor {Bidder} certifies as follows:

a. The price(s) and amount of its quote {proposal} have been arrived at independently and without consultation, communication or agreement with any other Vendor {Contractor, Bidder} or any other party;

b. Neither the price(s) nor the amount of its quote {proposal}, and neither the approximate price(s) nor approximate amount of this quote {proposal}, have been disclosed to any other firm or person who is a Vendor {Bidder} or potential Vendor {Bidder}, and they will not be disclosed before the quote {proposal} submission;

c. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this Blanket PO {Contract}, or to submit a quote…