RFP T1464 Substance Abuse 8-5-2016~1.docx

Bid Solicitation/Request for Proposal Bid # 17DPP00056

DOC

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

Optional Pre-Quote {Proposal} Submission Conference (Refer to Bid Solicitation {RFP} Section 1.3.6 for more information.)

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

8/18/2016 & 8/19/2016

10:00 AM

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

Division of Purchase and Property Trenton, New Jersey 086250230

Date: 8/5/2016

Table of Contents

INFORMATION FOR VENDORS {BIDDERS}

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

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

PURPOSE AND INTENT

This Bid Solicitation {RFP} is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of the Department of Corrections (DOC), Office of Substance Abuse Programming and Addiction Services, Division of Operations. The purpose of this Bid Solicitation {RFP} is to solicit Quotes {Proposals} for a Vendor {Contractor} to provide in-prison Substance Use Disorder treatment services (SUD Program) for a broad array of substance-related and addictive disorders as per American Psychiatric Association - Diagnostic and Statistical Manual – Fifth Edition (DSM-5), which is available for purchase at The American Psychiatric Association website:

http://www.psychiatry.org/psychiatrists/practice/dsm/dsm-5.

This manual will be made available for review pursuant to Section 1.3.7 of this Bid Solicitation {RFP}.

The primary focus is to provide treatment services for offenders with Substance Use Disorders (SUD) involving alcohol and/or drugs, with additional attention provided for gambling disorder within the SUD context. The services required by this RFP are threefold:

1. The Vendor {Contractor} shall provide in-prison SUD Program services that meet all requirements of the Core Program Standards set forth in Appendix A to this Bid Solicitation {RFP};

2. The Vendor {Contractor} shall provide a Psycho-Educational Initiative to offenders who are not eligible for SUD Program placement and are in the general population within all DOC facilities. Please note that this initiative will also be offered to participants of the SUD Program; and

3. The Vendor {Contractor} shall provide a Psycho-Educational Initiative to offenders who are not eligible for SUD Program placement and are in the restrictive housing (RH) units within all DOC facilities.

The intent of this Bid Solicitation {RFP} is to award a Master Blanket Purchase Order (Blanket P.O. {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 may award any and all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket P.O. {Contract} during the Blanket P.O. {Contract} term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.

The State of NJ Standard Terms and Conditions (SSTC) included in Section 9.0 of this Bid Solicitation {RFP} will apply to all Blanket P.O.s {Contracts} made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this Bid Solicitation {RFP} and should be read in conjunction with them unless the Bid Solicitation {RFP} specifically indicates otherwise.

BACKGROUND

This is a reprocurement of similar services to those provided under the Substance Use Services term Blanket P.O. {Contract}, presently due to expire on September 30, 2017. In addition to the reprocurement of programming similar to that offered by the current contract, additional, in-prison SUD programming will be available at two DOC facilities. Vendors {Bidders} interested in the current Blanket P.O. {Contract} specifications and pricing information may review the current Blanket P.O. {Contract} T1464 at http://www.state.nj.us/treasury/purchase/pricelists.shtml and are cautioned that this new RFP addresses current requirements.

overview

DOC is mission-mandated to act in the interest of public safety and at the same time provide its offender population with the necessary tools to successfully re-enter society. Those offenders who present substance use concerns are burdened with the added re-entry barrier of addiction. To meet this mandate, DOC has made it a priority to provide treatment to its substance use disorder population. Approximately 47% of offenders within DOC have a moderate to extreme addiction severity index rating in either alcohol and/or drugs according to a severity profile assessment. Offender addiction is a correctional mission issue.

The treatment gap, the difference between treatment need and treatment capacity, is not limited to the general, non-criminal justice public, but is a correctional concern as well. There are many factors that contribute to access to treatment by the prison population and thereby determine the subsets of program eligible offenders within the full population. For example, the level and type of treatment services that can be provided to an addicted offender are dependent upon the level, severity, longevity of the presenting addiction concern, and the individual offender’s recovery motivation and progress. The factors and components of the incarceration experience also impact the level and type of possible treatment referral and placement. The latter can be described in terms of commitment offense(s), sentence length, custody status, community release eligibility, age, gender, etc. The clinically driven treatment model requirements such as necessary treatment duration, phase progression, and intervention cycles are also factors. It is clear that DOC maximizes the use of its limited resources to ensure the broadest range of coverage with the greatest likelihood of positive, long-term outcomes.

The rules, policies, and procedures pertaining to the operational functioning of DOC, including those pertaining to classification and treatment programming, are contained within Title 10A of the New Jersey Administrative Code.

Recovery is a key component of reentry success for the addicted offender. Where traditional re-entry thought and efforts have viewed the treatment and social service related re-entry strategies as separate and successive components, post-release success for the addicted offender recognizes re-entry as a part of the ongoing treatment episode in support of long term recovery goals. Therefore, a primary therapeutic goal and associated expectation of outcomes of implemented treatment strategies within DOC for the program participant is the ability of the treatment intervention to assess and advance the offender in his/her recovery process and ensure that the offender is prepared to take full advantage of re-entry programming.

SUD ProgramS

In order to maximize resources and outcomes under the continuum approach, DOC has adopted the nationally recognized and research supported continuum of care strategy to address offender addiction for those who present the more serious treatment needs. The primary goal of this approach is to effectively identify, assess, and treat these offenders by way of the comprehensive continuum of care system including the in-prison SUD Program phase followed by community placement; first in an Assessment and Treatment Center; and then a SUD supported halfway house or licensed community based residential treatment facility. Many continuum program participants are released under parole supervision, and the in-prison SUD Program represents the primary treatment phase. Each subsequent stage in the continuum is designed to transition the offender from main treatment to re-entry while remaining in a treatment focused environment to manage the transition. Completion of the in-prison SUD Program phase is in no way a completion of the continuum treatment strategy.

The SUD Program will only be offered in the following facilities:

Edna Mahan Correctional Facility for Females (EMCFW) 65 treatment beds, female Clinton, NJ Medium custody level

Mid State Correctional Facility for Males (MSCF) 696 treatment beds, male Wrightstown, NJ Medium custody level

The two (2) institutions noted above comprise a total capacity of 761 treatment beds in the SUD Programs. This configuration represents the current bed allocation; DOC may shift bed locations and bed numbers based on operational and programmatic needs as well as resource constraints.

In order to maximize the effects of the treatment under the continuum approach, program participants are involved in the in-prison portion of the treatment continuum for a period of time consistent with clinical assessment of need for services.

For many years, DOC has employed the therapeutic community model targeted towards minimum security offenders. Recent initiatives to offer SUD services to the offender in a halfway house setting have allowed the DOC to be better prepared to offer a more comprehensive continuum of SUD services to the offender while in prison. With the success of Drug Court programs, a sizable number of non-violent, low security offenders whose crime resulted from their addiction have been diverted from the DOC system. With these successful diversions, the DOC has gradually shifted its in-prison focus to medium security offenders in need of SUD treatment, with minimum security offenders receiving SUD treatment primarily at halfway houses. With the advent of licensed SUD services now available at halfway houses, the DOC is more aggressively shifting its focus to medium custody inmates in order to maximize the benefits of access to SUD services within the halfway house setting.

The eligibility criteria for SUD Program placement are based on clinical research and the Core Program Standards (Appendix A).

Initial referral for consideration to be placed in the SUD Program requires that an inmate:

a. Participate in intake screening by the DOC’s Mental Health Services provider utilizing the most recent version of the Texas Christian University (TCU) drug screen tool which indicates a potential need for treatment programming;

b. Receive DOC classification review and be currently classified as medium security custody status through a DOC process. Approved candidates will be referred for a full assessment by the Vendor {Bidder}; and

c. Receive a full SUD treatment assessment and level of care assignment by Vendor {Contractor} staff within five (5) days of referral by DOC. Please refer to Core Program Standards (Appendix A).

d.

Eligible program participants are those sentenced to State prison and are at least 18 years of age.

An offender who declines to accept assignment to the SUD Program will not be subject to disciplinary action. However, the Institutional Classification Committee will be advised of those who decline treatment, and this will be one of several factors taken into consideration for reduced custody status.

Discharge from a SUD Program for clinical reasons or offender’s refusal to participate shall result in:

1) Removal from the program; and

2) Transfer to general population at another unit or facility.

See section 3.2.4.1 for further details on management of these offenders.

SUD PROGRAM – Medium Custody Offenders

Research has shown that completion of the full continuum provides the best opportunity for re-entry success. However, DOC recognizes that not all offenders who need the SUD Program can achieve transition to a halfway house. For example, a portion of DOC offenders in need of the SUD Program may only be able to achieve medium custody status. In order to maximize treatment coverage and attempt to improve re-entry likelihood for as many offenders possible, DOC will make the SUD Program an option for those offenders who can benefit from the full primary treatment course, but in all likelihood will be institutionally released without benefit of community corrections. Some may be released on parole while others will serve their full sentence obligation under DOC jurisdiction.

In these cases, the SUD Program has the added responsibility to prepare the offender for re-entry in place of the re-entry stage approach offered through community release. The key to this is not only the linkage to social services (employment, housing, medical, etc.), but the acceleration of progress through the stages of recovery to best time the maximal use of services in support of ongoing and sustained recovery. In the case of parole release, the recovery process can be better managed and monitored as a function of parole supervision; the max-out offender has no such post release guidance.

At the present time, DOC anticipates that offenders in this category will be mixed with continuum of care eligible offenders at the two (2) medium level SUD Program sites listed above in Section 1.2.2.

Psycho-Educational Initiative

The DOC mission calls for the addressing of rehabilitation barriers for all who are assigned to its jurisdiction. In addition to staffing and operating the SUD Program as outlined in Section 1.2.2.1 and described further in Section 3.0, DOC is seeking quotes {proposals} to address the broader addiction treatment, substance use disorder education need as alternatives to the SUD Program for those offenders who are not eligible for SUD Program placement and offenders in the SUD Program seeking additional programming. The Psycho-Educational Initiative shall be offered at all NJDOC facilities. The Psycho-Educational Initiative is further described in Section 3.3 Alternative SUD Services of this Bid Solicitation {RFP}.

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 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

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 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.

OPTIONAL SITE VISIT

Optional Site Visits have been scheduled for this procurement on the date and time indicated on the Bid Solicitation {RFP} cover sheet. Vendors {Bidders} must pre-register for the optional site visits and the attendee’s government issued photo identification (i.e. Driver’s license) is required for all site visit attendees.

To pre-register, please send an e-mail to procurement@doc.nj.gov identifying the name of the company, names of attendee(s), which site visits will be attended, and include a copy of attendee’s government issued photo identification (i.e. Driver’s license).

Optional Site Inspections will occur on 8/18/16 and 8/19/16 respectively at 10:00 am at:

Mid-State Correctional Facility (MSCF) Range Rd.

Ft. Dix Army Base Wrightstown, NJ 08562

Edna Mahan Correctional Facility for Women (EMCFW) 30 County Route 5113 Clinton, NJ 08809

ALL VENDORS {BIDDERS} SHALL MEET AT THE MAIN ENTRANCE TO THE FACILITIES FOR SIGN-IN PRIOR TO PROCEEDING WITH THE SITE VISITS.

An attendee may represent only one (1) potential bidding entity.

NO QUESTIONS OR INQUIRIES WILL BE ACCEPTED OR ANSWERED DURING THE OPTIONAL SITE VISIT. ALL QUESTIONS ARE TO BE HELD AND SUBMITTED IN ACCORDANCE WITH BID SOLICITATION {RFP} SECTIONS 1.3.1.

OPTIONAL PRE-QUOTE {PROPOSAL} CONFERENCE

The date and time of the Optional Pre-Quote {Proposal} Conference is indicated on the Bid Solicitation {RFP} cover sheet. The location of the Optional Pre-Quote {Proposal} Conference will be as follows:

Optional Pre-Quote {Proposal} Conference will occur on 8/19/16 at 12:00 pm at:

Edna Mahan Correctional Facility for Women (EMCFW) 30 County Route 5113 Clinton, NJ 08809

An attendee may represent only one potential bidding entity.

The purpose of the Optional Pre-Quote {Proposal} Conference is to provide a structured and formal opportunity for the State to accept questions from Vendors {Bidders} regarding this Bid Solicitation {RFP}. In the event that questions are posed by Vendors {Bidders}, the Vendors {Bidders} must resubmit questions asked, in writing, pursuant to Section 1.3.1 of this Bid Solicitation {RFP}. The official responses to 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.)

PRE-QUOTE {PROPOSAL} DOCUMENT REVIEW

The State has established a document review room to provide bidders with the opportunity to review supplemental materials relevant to this procurement and to allow bidders access to information that may be needed to prepare and submit accurate and comprehensive bid proposals. Such review, while recommended, is not mandatory. The document review room will be available BY APPOINTMENT ONLY from the date of the posting of this Bid Solicitation {RFP} to the date the Quotes {Proposals} are due. Bidders are cautioned to schedule appointments for the document review room in advance to ensure review times and DOC staff availability, and to allow ample time to prepare Quotes {Proposals}.

All appointments are scheduled through DOC, Eugene Pryor, Supervising Administrative Analyst, (609) 826-4036 extension 5154 or email: Eugene.Pryor@doc.nj.gov.

The document review room will be located at:

New Jersey Department of Corrections Whittlesey Road and Stuyvesant Avenue Trenton, NJ 08625 Administration Building, Room #205.

The following documents that a Vendor {Bidder} needs to review in order to prepare and submit accurate and comprehensive Quotes {Proposals} will be available in the document review room:

a. N.J.A.C. Title 10A: Corrections;

b. Living in Balance Curriculum;

c. New Jersey Office of the Attorney General, Division of Consumer Affairs, State Board of Marriage and Family Therapy Examiners, Alcohol and Drug Counselor Committee. Statute, N.J.S.A. 45:2D-1, et seq., and Regulations at N.J.A.C. 13:34C;

d. American Society of Addiction Medicine - ASAM Criteria;

e. Diagnostic and Statistical Manual of Mental Disorders (DSM-5); and

f. Texas Christian University (TCU) Drug Screen V.

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 bid holder 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 bid holder 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}.

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…