RFP T1368 - Technical Support for Air Quality 092016.docx

Bid Solicitation/Request for Proposal

16DPP00039

NJDEP

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.)

Not Applicable

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

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 |_| Not Applicable

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

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

|X| Subcontracting Only Category

|X| I |_| IV

|X| II |_| V

|X| III |_| VI

Bid Solicitation {RFP} Issued By Using Agency

Trenton, New Jersey 086250230

Date: September 23, 2016

Table of Contents

Attachments/Documents:

Attachment #1 – Professional Staffing Plan;

Attachment #2 – Conflict of Interest;

Attachment #3 – Checklist for Permit Applications;

Attachment #4 – List of Operating Permit Facilities; and Attachment #5 – List of Preconstruction Permit Facilities.

Price Sheet;

Offer and Acceptance Page; and Vendor Checklist.

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 State of New Jersey, Department of Environmental Protection (NJDEP). The purpose of this Bid Solicitation {RFP} is to solicit quotes {proposals} to perform technical review of air pollution control permit applications and issue timely determinations, perform technical review of Emission Statement submittals, analyze the air emission and inventory data, and provide technical support to the Bureau of Mobile Sources, such as mobile source emissions inventory analysis, vehicle registration analysis, and related work in support of policy and regulatory development.

The intent of this Bid Solicitation {RFP} is to award a Master Blanket Purchase Order (Blanket PO) {Contract} to that responsible Vendor {Bidder} whose quote {proposal}, conforming to this Bid Solicitation {RFP} is most advantageous to the State, price and other factors considered. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket PO {Contract} during the Blanket PO {Contract} term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.

All work done under this Blanket PO {Contract} will be on as needed basis. No minimum or maximum number of air pollution control permit applications or Emission Statements to be reviewed, or assignments related to Mobile Sources can or will be guaranteed. The work will vary depending upon funding, workload, priority of Division of Air Quality (DAQ) work assignments, processing time of applications by the Vendor {Contractor}, and the hourly rate of the Blanket PO {Contract} personnel.

The State of NJ Standard Terms and Conditions (SSTC) 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 of New Jersey (State) may extend the Blanket P.O.(s) {Contract(s)} awarded to the Division's Cooperative Purchasing Program participants after Blanket P.O(s) {Contract(s)} award. In that circumstance, the State will request that the Vendor(s) {Contractor(s)} complete the Cooperative Purchasing Form indicating willingness or unwillingness to extend State Blanket P.O. {Contract} pricing and terms to Cooperative Purchasing Program participants. The Cooperative Purchasing Form is located on the Division’s website. These participants include quasi-State entities, counties, municipalities, school districts, volunteer fire departments, first aid squads, independent institutions of higher learning, County colleges and State colleges. Although the State, with the consent of the Vendor(s) {Contractor(s)}, is may make use of any Blanket P.O. {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.

BACKGROUND

The DAQ of NJDEP, in accordance with the provisions of the Clean Air Act (CAA) as well as federal and State regulations, is required to:

a. Issue air pollution control permits, for stationary sources of air contaminants, in a timely manner. DAQ is charged with permitting both existing and new major and minor facilities of stationary sources of air pollution (e.g., factories, power plants, etc.) to ensure they do not adversely affect air quality in the State. To accomplish this, the DAQ staff reviews air pollution control permit applications and evaluates air quality impact and health risks;

b. Collect emissions data through an Emission Statement Program, submitted to the National Emissions Inventory, and analyze the data for use in the State Implementation Plan (SIP);

c. Monitor ambient air for air contaminants for use in the SIP; and

d. Evaluate emissions from mobile sources in the State and implement control strategies that reduce both criteria and toxic air pollutants from such sources.

This is a reprocurement of both the T1368 - Operating Facility Permit Review DEP Operating Permits, Air Quality and the T2354 - Annual Report Emission Statements, NJDEP term Blanket PO {Contract}, both presently due to expire on December 31, 2016. Vendors {Bidders} interested in the current Blanket PO {Contract} specifications and pricing information may review the current contracts at http://www.state.nj.us/treasury/purchase/pricelists.shtml and are cautioned that this new Bid Solicitation {RFP} addresses current requirements.

Division of Air Quality (DAQ) Bureaus

The DAQ consists of the following four (4) bureaus:

Bureau of Stationary Sources (BOSS);

Bureau of Evaluation and Planning (BEP);

Bureau of Mobile Sources (BMS); and Bureau of Air Monitoring (BAM).

All of BOSS, BEP, and portions of BMS and BAM are located at 401 East State Street, Trenton, New Jersey, while portions of BMS and BAM are located at 380 Scotch Road, West Trenton, New Jersey. The functions of each bureau are listed in the subsections below.

Bureau of Stationary Sources (BOSS):

BOSS is responsible for the regulation of stationary sources of air pollution in the State of New Jersey. The primary function of BOSS is to review air pollution control permit applications submitted for evaluation and approval using New Jersey Environmental Management System (NJEMS). BOSS is staffed with environmental engineers and scientists, familiar with industrial processes and State and federal regulations designed to protect air quality. BOSS staff evaluate the types and amount of air contaminants from industrial processes, devices to control and reduce such air contaminants, and testing and monitoring methods to verify that emissions of air contaminants do not exceed those allowable under the air permit.

The Bureau consists of the following two (2) operational sections:

Operating Permits Section (OPS):

OPS implements the federally mandated Operating Permit Program (Title V of the CAA) for major facilities. Over 290 of the largest emitting facilities in New Jersey are required to have air pollution control operating permits. These facility-wide permits are intended to contain the relevant information for the existing significant source operations at the facility. Facility specific requirements are developed for each source or source category. They include all applicable requirements, and related monitoring, recordkeeping, and reporting for the facility. The facilities must annually certify compliance with the applicable requirements. OPS processes initial operating permit applications, modification applications, and five-year permit renewals using the New Jersey Environmental Management System (NJEMS), works closely with the NJDEP Enforcement Program, and uses the permits for audit compliance. OPS also assesses major facility emissions fees, which are used to fund the major facility regulation program. In addition, OPS also issues General Operating Permits (GOP) pursuant to N.J.A.C. 7:27-22.14. During 2015, OPS issued 61 GOPs.

Preconstruction Permits Section (PPS):

PPS reviews preconstruction applications (Title I of the CAA) for new and modified sources of air pollution for over 17,000 non-major facilities using NJEMS. Approximately 1,300 air permit applications are received annually. Some examples of the applications include but are not limited to: asphalt pavement production, pharmaceutical manufacturing, surface coating operations, wastewater treatment, site remediation equipment, boat manufacturing, and quarry operations. In addition to source specific preconstruction air permit applications, PPS has developed General Permits (GP) that offer a registration type of approval via the internet for about 20 categories of emission sources such as boilers, emergency generators, storage tanks, dry cleaners, and gasoline dispensing facilities. PPS also assesses administrative service fees, which are used to fund the minor facility regulation program. During 2015, PPS issued 1,123 GPs.

Bureau of Evaluation and Planning (BEP):

BEP is responsible for the development of State Implementation Plans (SIPs) to reduce air pollution in New Jersey to acceptable levels and/or maintain air pollution levels below acceptable criteria. The Bureau is staffed with environmental engineers and scientists, familiar with industrial processes and State and federal regulations designed to protect air quality. BEP consists of the following two (2) operational sections.

Air Quality Evaluation Section (AQES):

The AQES uses computer models, stack emission data, air monitoring data, and meteorological data to assess ground level concentrations and air quality impacts of air contaminants from sources (mostly new and some existing sources). The group also evaluates air quality modeling submitted by applicants as part of permit applications for new and modified sources. These assessments are used to insure the public is protected from increased long term cancer risk as well as acute health risks from air toxics. The predicted ambient concentrations for federal criteria air containments are compared to National Ambient Air Quality Standards (NAAQS) to predict no violations would occur. AQES staff works closely with the two (2) permit sections on determining the acceptability of proposed emissions from the new or modified sources, as well as with enforcement and other NJDEP programs to determine the air quality impacts of sources in New Jersey. Additionally, they coordinate the DAQ’s air toxics regulatory activities and maintain the emissions inventory of air toxics and criteria pollutants through the Emission Statement Program.

Air Quality Planning Section (AQPS):

The AQPS is responsible for developing the roadmap to cleaning up the air quality in New Jersey through the SIP, which can define what measures other air programs may implement. This can be a detailed process that includes identifying sources of air pollution in the State, compiling an inventory on the emissions from the sources, studying the air quality impacts from the both in-state and out-of-state sources using computer models, and developing strategies to meet the federal air pollutant health standards.

Bureau of Mobile Sources (BMS):

BMS is responsible for implementing strategies to reduce emissions from cars, trucks, ships, trains, construction equipment, and other things that “move,” as these vehicles are the largest contributor to many of our air quality problems today and pose the highest cancer risk of all air toxics in the State. Some examples of tasks that BMS lead include:

Overseeing the state’s vehicle inspection program in consultation with the Motor Vehicle Commission;

Implementing programs to bring electric and other low emitting vehicles to New Jersey;

Working with federal, State, and local governments, community groups and other stakeholders to develop regional and local strategies to reduce air pollution (e.g., reducing emissions at the ports); and Obtaining grants and other funding to implement voluntary emission reduction projects with stakeholders and vehicle owners.

Bureau of Air Monitoring (BAM):

BAM is responsible for measuring the level of pollution in the ambient air. The program also measures acid rain and other contaminants in precipitation, and operates weather sensors at a number of locations. Much of the monitoring is accomplished through the use of sophisticated instrumentation capable of continuously detecting specific chemicals present in the air. In some cases the data are generated by collecting samples that are subsequently analyzed in a laboratory. The data from the continuous instruments are sent to a centralized computer system where it is stored for subsequent analysis. Collected data is sent to federal and the State of New Jersey websites, which are publicly accessible. These web sites provide data that is updated every hour so that interested citizens can determine current pollution levels and take actions to reduce their exposure as well as taking measures to reduce activities that may be producing air pollution, such as driving. Job responsibilities include sample collection, maintenance and calibration of the equipment, quality assurance and data management, and the assessment and reporting of results.

Emission Measurement Section (EMS) In addition to the above DAQ functions, Emission Measurement Section (EMS), operating under Air Compliance and Enforcement within the Division of Air Enforcement, is responsible for overseeing the quality assurance/quality control of air emissions measurements in New Jersey. Three (3) primary functions of the EMS are oversight and review of all single event stack emission tests conducted by source facilities, certification of the accuracy and reliability of Continuous Emissions Monitoring (CEM) systems, and conducting confirmatory and research testing utilizing mobile analyzing equipment. This function is linked to air pollution control permits through state and federal rules.

Historical Data

The historical and expected rates of incoming applications to NJDEP as well as average time to process the applications, for the four (4) primary tasks are shown below.

Primary Task 1- Operating Permit Applications

Historical and expected rates of incoming applications to NJDEP as well as average time to process the applications, provided for information purposes, are shown below:

Applications In BOSS Per Year* Average processing time (Hours)*

Administrative Amendment/ Seven-Day Notice)

*: Based on an average of applications received in the past five (5) years.

It is anticipated that funding to review approximately ten (10) percent of the expected applications in BOSS for the Vendor {Contractor} will be available. The rest will be handled by NJDEP staff.

Primary Task 2- Pre-Construction Permit Applications

Historical and expected rates of incoming applications to NJDEP as well as average time to process the applications are shown below:

(Hours)*

Level-3 and Level-4 Pre-construction permit application

*: Based on applications received in 2015.

It is anticipated that funding to review approximately 100 percent of the expected pre-construction applications of Level-1 and Level-2 type and ten (10) percent of the expected pre-construction applications of Level-3 and Level-4 type will be available for compensation to the Vendor’s {Contractor’s} review. DAQ expects variation for the review of Level-1 and Level-2 type application reviews because of the development of “On-line GP” and New Jersey State and Federal rule revisions. The rest will be handled by NJDEP staff.

Primary Task 3- Emission Statements

Historical total Vendor {Contractor} hours and number of Emission Statements submitted (not including revisions) per year are shown below:

* Increase in hours includes emission statement review for both major and minor facilities, along with revisions. In the past, Vendor {Contractor} was solely responsible for the major facilities, and no revisions.

Primary Task 4- Support for Mobile Sources

Historical total Vendor {Contractor} hours per year are shown below:

Support For Bureau of Mobile Sources (Mobile source emissions inventory analysis, vehicle registration analysis, and related work in support of policy and regulatory development)

In addition to the above four (4) primary tasks, there are certain secondary tasks required for efficient and effective processing of air pollution control permit applications and emission statements. These secondary tasks are operating permit and pre-construction permit program implementation, assistance to emissions measurement section, special projects and management support. Additional details of the primary tasks and secondary tasks are provided in Bid Solicitation {RFP} Section 3.0 - Scope of Work.

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 Solicitation {RFP} 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 or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation {RFP}.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation {RFP} is indicated on the Bid Solicitation {RFP} cover sheet and on the “Summary” page of the Bid Solicitation in NJSTART. In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment {Addendum}. Any Bid Amendment {Addendum} to this Bid Solicitation {RFP} will become part of this Bid Solicitation {RFP} and part of any Blanket 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.)

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(s) 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 {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 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 to this procurement.

MANDATORY/OPTIONAL PRE-QUOTE {PROPOSAL} CONFERENCE

Not applicable to this procurement.

PRE-QUOTE {PROPOSAL} DOCUMENT REVIEW

Not applicable to 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 {RFP} 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.

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 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 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 – 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…