T0009 Revised RFP Protected~3.docx

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

Mandatory/Optional Pre-Quote Conference (Refer to Bid Solicitation Section 1.3.5 for more information.)

Mandatory/Optional Site Visit (Refer to Bid Solicitation Section 1.3.4 for more information.)

N/A

N/A

Quote Submission Date (Refer to Bid Solicitation Section 1.3.2 for more information.)

Dates are subject to change. All times contained in the Bid Solicitation refer to Eastern Time. All changes will be reflected in Bid Amendments to the Bid Solicitation posted on www.njstart.gov.

☐ Small Business Set-Aside Category For Goods and Services:

☐ I ☐ II ☐ III

For Construction:

☐ IV ☐ V ☐ VI

Status

☒ Not Applicable

☐ Entire Blanket P.O.

☐ Partial Blanket P.O.

☐ Subcontracting Only

☐ Disabled Veteran-Owned Business Set-Aside

Bid Solicitation Issued By:

State of New Jersey Department of the Treasury Division of Purchase and Property Trenton, New Jersey 086250230 Using Agency:

State of New Jersey Distribution & Support Services 1620 Stuyvesant Ave.

W. Trenton, NJ 08625

Date: 9/19/2019

Table of Contents

INFORMATION FOR VENDORS {BIDDERS}

NOTICE: This Bid Solicitation 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, including the instructions on the Bid Solicitation’s Offer and Acceptance 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), before preparing and submitting its Quote.

PURPOSE AND INTENT

This Bid Solicitation is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of the Department of Treasury, Distribution and Support Services (DSS). The purpose of this Bid Solicitation is to solicit Quotes for various hot and cold cereal products for delivery to DSS.

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

It is the State’s intent to make one group award which includes price line numbers 1 through 8 and to make individual awards for each individual price line item which includes price line numbers 9 through 15, in accordance with Section 6.6 of this Bid Solicitation.

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

BACKGROUND

This is a reprocurement of the product under T0009 Foods: Cereal, Hot & Cold - DSS presently due to expire on October 20, 2019. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T0009 at www.njstart.gov by following these steps:

Go to: www.njstart.gov Select “Contract & Bid Search” Select “Contracts/Blankets” Under “Contract/Blanket Description” type in T0009, Click “Find It” The current Blanket P.O.s will appear under “Results”.

For informational purposes only. The following Blanket P.O. awards were made during the T-0009 procurement (Bid Solicitation Number 16-X-23869):

Brand: Kellogg’s

Brand: Hospitality

Brand: Hospitality

Brand: Kellogg’s

Brand: Hospitality

Brand: Hospitality

Brand: Hospitality

Brand: Hospitality

Brand: Golden Foods

Brand: Golden Foods

Brand: Phoebe

Brand: Diamond

Brand: Diamond

Brand: Sunflower

Brand: Homestat

Vendors {Bidders} are cautioned that this new Bid Solicitation addresses current requirements.

Notable Changes Since the Last Soliciation

This Bid Solicitation has been revised since the last reprocurement of this commodity. Please thoroughly read the entire Bid Solicitation including all sub-sections.

Notable change includes, but not limited to:

Section 4.4.3 Submittals has been revised as follows:

Specification Conformance The Vendor {Bidder} shall submit with its Quote a manufacturer’s certification confirming that all items offered in response to this Bid Solicitation conform to the requirements set forth in Section 3.0 of this Bid Solicitation.

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 in NJSTART.

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

B. Each question should begin by referencing the Bid Solicitation 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} shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation, prior to the final award of the Blanket P.O.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation is indicated on the Bid Solicitation cover sheet. In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation. Bid Amendments to this Bid Solicitation, 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 Section 1.4.1 for further information.)

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

Questions regarding the State of New Jersey Standard Terms and Conditions (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

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

QUOTES NOT RECEIVED PRIOR TO THE QUOTE OPENING DEADLINE SHALL BE REJECTED. THE DATE AND TIME OF THE QUOTE OPENING ARE INDICATED ON THE BID SOLICITATION COVER SHEET AND ON THE “SUMMARY” TAB OF THE BID SOLICITATION WEBPAGE WITHIN NJSTART.

IF THE QUOTE OPENING DEADLINE HAS BEEN REVISED, THE NEW QUOTE OPENING DEADLINE SHALL BE SHOWN ON THE POSTED BID AMENDMENT AND ON THE “SUMMARY” TAB OF THE BID SOLICITATION WEBPAGE WITHIN NJSTART.

Procedural inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov and/or (609) 341-3500.

The Division will not respond to substantive questions related to the Bid Solicitation or any other Blanket P.O. via this e-mail address or phone number. For inquiries related to substantive questions refer to Section 1.3.1 (Electronic Question and Answer Period).

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 using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote and attachments have been properly submitted.

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

Not applicable to this procurement

PRE-QUOTE DOCUMENT REVIEW

Not applicable to this procurement

ADDITIONAL Information

BID AMENDMENTS: Revisions to this BID SOLICITATION

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

There are no designated dates for release of Bid Amendments. 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). If a Vendor {Bidder} is not on the bid holder list to receive notifications related to a Bid Solicitation, Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

BID AMENDMENTS WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE VIEWABLE ON THE “SUMMARY” PAGE OF THE BID SOLICITATION IN NJSTART. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instructions. 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 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 in response to this Bid Solicitation. No special consideration will be given after Quotes are opened because of a Vendor’s {Bidder’s} failure to be knowledgeable as to all of the requirements of this Bid Solicitation.

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 in response to this Bid Solicitation.

CONTENTS of QUOTE

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

As part of its Quote, 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. Vendor {Bidder} must provide a detailed statement clearly identifying those sections of the Quote that it claims are exempt from production, and the legal and factual basis that supports said exemption(s) as a matter of law. Please include a redacted copy of the Quote indicating the sections identified as confidential. The State will not honor any attempts by a Vendor {Bidder} to designate its entire Quote as proprietary, confidential and/or to claim copyright protection for its entire Quote.

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 will be redacted by the State. 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.

A Vendor {Bidder} shall not designate any price lists and/or catalogs submitted as exempt from public disclosure as the same must be accessible to State Using Agencies and Cooperative Purchasing Program participants (if the Bid Solicitation has been extended to these participants) and thus must be made public to allow all eligible purchasing entities access to the pricing information.

In order not to delay consideration of the Quote or the State’s response to a request for documents, the State requires that Vendor {Bidder} respond to any request regarding confidentiality markings within the timeframe designated in the State’s correspondence regarding confidentiality. If no response is received by the designated date and time, the State will be permitted to release a copy of the Quote with the State making the determination regarding what may be proprietary or confidential.

ANNOUNCEMENT OF QUOTE INFORMATION

On the date and time Quotes are due under the Bid Solicitation, all information concerning the Quotes 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 will be announced, and the contents of the Quotes shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

PRICE Alteration In QUOTES

Any price changes including hand written revisions or "white-outs" must be initialed. Failure to initial price changes may preclude a Blanket P.O. award from being made to the Vendor {Bidder} pursuant to N.J.A.C. 17:12-2.2(a) (8).

QUOTE ERRORS

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

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

NJSTART: A Vendor {Bidder} may withdraw its Quote submission in NJSTART prior to the Quote opening; however, Vendors {Bidders} should note that while withdrawn NJSTART Quotes 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. award. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote 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 be withdrawn prior to the Quote 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 as long as the Quote is received prior to the announced date and time for Quote submission and at the place specified.

QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO BLANKET P.O. AWARD

NJSTART and Hard Copy: If, after the Quote opening, but before Blanket P.O. award, a Vendor {Bidder} discovers an error in its Quote, the Vendor {Bidder} may make a written request to the Supervisor of the Proposal Review Unit to withdraw its Quote, or a portion thereof, 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 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 (1) or more of the following factors: A mistake is so significant that to enforce the Blanket P.O. resulting from the Quote would be unconscionable; that the mistake relates to a material feature or term of the Blanket P.O.; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After Quote opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its Quote and the Director may in his/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.

All Quote withdrawal requests must include the Bid Solicitation identification number and the final Quote submission date and be sent to the following address:

Department of the Treasury Division of Purchase and Property PO Box 230 33 West State Street – 9th Floor Trenton, New Jersey 08625-0039 Attention: Supervisor, Proposal Review Unit

If during a Quote evaluation process, an obvious pricing error made by a potential Blanket P.O. awardee is found, the Director or his/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 shall be considered withdrawn, and no further consideration shall be given to it.

JOINT Venture

If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance 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.

Reciprocity for Jurisdictional Vendor 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 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 or submit it to the Director within five (5) business days after the deadline for Quote submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote 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 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 and N.J.A.C. 17:12-2.2 which defines causes for Quote rejection, apply to all Quotes.

ELECTRONIC SIGNATURES

Vendors {Bidders} submitting Quotes through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket P.O. Award and That Should Be Submitted with the Quote) of this Bid Solicitation 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 in hard copy format, must provide forms with original, physical signatures, otherwise its Quote may be deemed non-responsive.

DEFINITIONS

CROSSWALK

General Definitions

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

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

Best and Final Offer or BAFO – Pricing timely submitted by a Vendor {Bidder} upon invitation by the Bureau after Quote opening, with or without prior discussion or negotiation.

Bid or Bid Solicitation – This series of documents, which establish the bidding and Blanket P.O. requirements and solicits Quotes to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation, State of NJ Standard Terms and Conditions (SSTC), State-Supplied Price Sheet, attachments, and Bid Amendments.

Bid Amendment – Written clarification or revision to this Bid Solicitation issued by the Division. Bid Amendments, if any, will be issued prior to Quote 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 – An amendment, alteration, or modification of the terms of a Blanket P.O. between the State and the Vendor(s) {Contractor(s)}. A Change Order 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 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) – 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.

Disabled veterans’ business - means a business which has its principal place of business in the State, is independently owned and operated and at least 51% of which is owned and controlled by persons who are disabled veterans or a business which has its principal place of business in this State and has been officially verified by the United States Department of Veterans Affairs as a service disabled veteran-owned business for the purposes of department contracts pursuant to federal law. N.J.S.A. 52:32-31.2.

Disabled veterans’ business set-aside contract - means a contract for goods, equipment, construction or services which is designated as a contract with respect to which bids are invited and accepted only from disabled veterans’ businesses, or a portion of a contract when that portion has been so designated. N.J.S.A. 52:32-31.2.

Discount – The price reduction applied by the Vendor {Bidder} to all items.

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 submitted in response to this Bid Solicitation and recommend a Blanket P.O. 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.

Joint Venture – A business undertaking by two (2) or more entities to share risk and responsibility for a specific project.

Master Blanket Purchase Order (Blanket P.O.) – The Blanket P.O. consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation, the responsive Quote 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 or other supporting documents, or post-award documents including Change Orders agreed to by the State and the Vendor {Contractor}, in writing.

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

Must – Denotes that which is a mandatory requirement.

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.

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 (Bureau) – The Division unit responsible for the preparation, advertisement, and issuance of Bid Solicitations, for the tabulation of Quotes and for recommending award(s) of Blanket P.O.(s) to the Director and the Deputy Director.

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

QRGs – Quick Reference Guides.

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

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.

Shall – Denotes that which is a mandatory requirement.

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

Small Business – Pursuant to N.J.S.A. 52:32-19, N.J.A.C. 17:13-1.2, and, N.J.A.C. 17:13-2.1, “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 (1) of the three (3) 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).

Small business set-aside contract – “means (1) a contract for goods, equipment, construction or services which is designated as a contract with respect to which bids are invited and accepted only from small businesses, or (2) a portion of a contract when that portion has been so designated.” N.J.S.A. 52:32-19.

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.

State-Supplied Price Sheet – The bidding document created by the State and attached to this Bid Solicitation on which the Vendor {Bidder} submits its Quote pricing as is referenced and described in Bid Solicitation Section 4.4.5.

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

Subcontractor – An entity having an arrangement with a Vendor {Contractor}, whereby the Vendor {Contractor} uses the products and/or services of that entity to fulfill some of its obligations under its State Blanket P.O., while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket P.O., 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 or Unit Price – All-inclusive, firm fixed price charged by the Vendor {Bidder} for a single unit identified on a price line.

Using Agency[ies] – A State department or agency, a quasi-State governmental entity, or a Cooperative Purchasing Program participant, authorized to purchase products and/or services under a Blanket P.O. procured by the Division.

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

Vendor {Contractor} – The Vendor {Bidder} awarded a Blanket P.O. resulting from this Bid Solicitation.

BLANKET P.O. specific definitions/ACRONYMS

Approved Products - is a list of products that have been identified as meeting Using Agency needs and confirmed as meeting product specifications.

Commercial Item Description (CID) – Products descriptions that concisely describe the most important characteristics of a commercial product. CIDs are officially U.S Government procurement documents.

DSS – Distribution & Support Services

Equivalent Brands – Brands/products offered, other than those identified as an Approved Brand/Product, that meet the specifications herein.

Pre-Consumer Material – Materials generated in manufacturing and converting processes, such as manufacturing scrap and trimmings/cuttings.

Post-Consumer Material – Material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed its life as a consumer item. Post-Consumer Materials are part of the broader category of Recovered Materials.

Recovered Material – Waste material and byproduct that have been recovered or diverted from solid waste, but does not include materials and byproducts generated from, and commonly reused within, an original manufacturing process.

Materials in Solid Waste – Material found in the various components of the solid waste stream. General, solid waste has several components, such as municipal solid waste (MSW), construction and demolition debris (C&D), and nonhazardous industrial waste. Under RCRA Section 6002, EPA considers materials recovered from any component of the solid waste stream when designating items containing Recovered Materials.

Net Weight – Total weight of product, exclusive of packaging.

Recycling – The series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of new products other than fuel for producing heat or power by combustion.

Recyclability – The ability of a product or material to be recovered from, or otherwise diverted from, the solid waste stream for the purpose of recycling.

RMAN – Recovered Materials Advisory Notices provide purchasing guidance and recommendations for Recovered and Post-Consumer Material content levels for designated items.

USDA - United States Department of Agriculture - www.usda.gov. Federal certification/standards for food safety, sanitary conditions, nutrition and research for agricultural technology.

USEPA – United States Environmental Protection Agency

SCOPE OF WORK

The sections listed below provide information and requirements necessary for a Vendor {Contractor} to successfully service the Blanket P.O. established as a result of this Bid Solicitation. The Vendor {Contractor} must comply with all terms and conditions outlined within this Bid Solicitation.

The USDA Commodity Requirements, and Specification documents identified herein are based on current Federal CID specifications/requirements in place during the timeframe of the procurement and the establishment of Blanket P.O.(s). If the Commodity Requirements, or Specification documents are revised at any time during the term of the Blanket P.O., including any extension(s) thereof, the most recent Commodity Requirements or Specification documents for the product(s), inclusive of any revisions, will prevail for the basis of product verification and compliance with USDA requirements.

Product Specifications

Must comply with CID A-A-20000D “Cereal, Prepared, Ready-to-Eat” (2008) as follows:

· Shelf Life: Product shall have a minimum of twelve (12) months of shelf life from date of manufacture

· Packaging: Product will be packed 72 perforated “Box to Bowl” packages, or 96 sealed plastic bowls, per case

· Classification: Cereals, Assorted, Combined Various Grains, with or without Fruit, Ready-to-Eat

· Cereal Type: Products shall include, at minimum, 2 of the following cereal types: Whole Wheat, Corn, Rice, or Oat varieties, with or without fruit and nuts

· Vitamins & Minerals: Shall contain some or all of the following : Vitamin A, Vitamin C, several B Vitamins, Vitamin D, Reduced Iron, Zinc, and Folate or Folic Acid

· Grain Composition: The cereals shall be made from either Whole or Refined grains, or any combination thereof

· Assortments: Assortments must possess a minimum of 3 different cereal varieties

· Box/ Bowl Size (Net Weight): Sealed bowls or boxes must be between 0.60 ounces (17.0 grams) minimum and 1.60 ounces (45.5 grams) maximum

· Calories: 250 Calories minimum to 450 Calories maximum

· Carbohydrates: 50.0 grams minimum to 90.0 grams maximum

· Sugar: 5.0 grams minimum to 40.0 grams maximum

· Kellogg's "Cereal Assortment Pack - Family" #22055

· Malt-O-Meal "Cereal Variety Pack" #16683

· Alfa Foods "Assorted Bowls 96/0.75 oz." - Alfa

Must comply with CID A-A-20000D “Cereal, Prepared, Ready-to-Eat” (2008) as follows:

· Shelf Life: Product shall have a minimum of twelve (12) months of shelf life from date of manufacture

· Packaging: Packed 70 perforated “Box to Bowl” packages or 84 or 96 sealed plastic bowls, per case

· Classification: Corn Cereal, “Pops”, “Puffs” or “Kix”, without Fruit, Ready-to-Eat

· Ingredients: Product shall contain, at minimum: Milled Corn or Whole Grain Corn or Whole Oat or Corn Flour, Sugar, Corn Syrup, Salt, Corn or Wheat Starch, BHT, and Preservatives. May have Molasses and Vegetable Oil

· Vitamins: Shall contain some or all of the following : Vitamin A, Vitamin C, Vitamin D, several B Vitamins, Iron, Zinc Oxide, and Folate or Folic Acid

· Grain Composition: The product may be made from either Whole or Refined grains, or a combination thereof

· Box/Bowl Size (Net Weight): Sealed bowls or boxes must be between 0.60 ounces (17.0 grams) minimum and 1.60 ounces (45.5 grams) maximum

· Calories: 350 Calories minimum to 425 Calories maximum

· Carbohydrates: 70.0 grams minimum to 100 grams maximum

· Sugars: 8.0 grams minimum to 40.0 grams maximum

· Gilster Mary Lee - Hospitality "Corn Puffs" #71923-76203

· Kellogg's "Corn Pops" -mfr. #3800001096

· Kellogg's "Corn Pops" #21946

· National Food Group "Corn Puffs Cereal" #613776

· General Mills - "Kix" Cereal UPC #016000119420

Must comply with CID A-A-20000D “Cereal, Prepared, Ready-to-Eat” (2008) as follows:

· Shelf Life: Product to have a minimum of twelve (12) months of shelf life from date of manufacture

· Packaging: Packed 70 perforated “Box to Bowl “packages, or 84 or 96 sealed plastic bowls, per case

· Classification: Corn Cereal, Flakes, Sugar-Coated, Ready-to-Eat

· Ingredients: Product shall contain, at minimum: Milled Corn or Whole Grain Corn Flour, Sugar, Corn Syrup and / or Corn Meal, Salt, Malt or Barley Extracts, Preservatives. May have Corn or Wheat Starch and Vegetable Oil

· Vitamins: Shall contain some or all of the following : Vitamin A, Vitamin C, Vitamin D, several B Vitamins, Iron, Zinc, and Folate or Folic Acid

· Grain Composition: The product may be made from either Whole or Refined grains, or a combination thereof

· Box/Bowl Size (Net Weight): Sealed bowls or boxes must be between 0.60 ounces (17.0 grams) minimum and 1.60 ounces (45.5 grams) maximum

· Calories: 320 Calories minimum to 420 Calories maximum

· Carbohydrates: 75.0 grams minimum to 100 grams maximum

· Sugars: 15.0 grams minimum to 40.0 grams maximum

· Gilster Mary Lee - Hospitality "Whole Grain Sugar Frosted Flakes" #71923-76190

· Kellogg's "Frosted Flakes" - #21962

· Malt-O-Meal "Frosted Flakes" #01015

· General Mills - "Frosted Corn Flakes" - mfr. #16000-11768

· Institutional Supplies - "Frosted Flakes" - Alfa brand - 96/1oz

Must comply with CID A-A-20000D “Cereal, Prepared, Ready-to-Eat” (2008) as follows:

· Shelf Life: Product shall have a minimum of twelve (12) months of shelf life from date of manufacture

· Packaging: Packed 70 perforated “Box to Bowl” packages or 84 or 96 sealed plastic bowls, per case

· Classification: Rice Cereal, Flakes, High Protein, Ready-to-Eat

· Ingredients: Product shall contain, at minimum: Rice, Wheat Gluten, defatted Wheat Germ, Salt, Whey, Malt Flavor / Extract, and Preservatives

· Vitamins: Shall contain some or all of the following : Vitamin A, Vitamin C, Vitamin D, Vitamin E (Acetate), several B Vitamins, Iron, Folic Acid May contain beta-Carotene

· Grain Composition: The product may be made from either Whole or Refined grains, or a combination thereof

· Box/Bowl Size (Net Weight): Sealed bowls or boxes shall be between 0.60 ounces (17.0 grams) minimum and 1.60 ounces (45.5 grams) maximum

· Calories: 350 Calories minimum to 420 Calories maximum

· Carbohydrates: 65.0 grams minimum to 80.0 grams maximum

· Protein: 16.0 grams minimum

· Kellogg's "Special K" Cereal - #21962

· Kellogg's "Special K 'Original'" - UPC #38000-01661

Must comply with CID A-A-20000D “Cereal, Prepared, Ready-to-Eat” (2008) as follows:

· Shelf Life: Product shall have a minimum of twelve (12) months of shelf life from date of manufacture

· Packaging: Packed 70 perforated “Box to Bowl” packages or 84 or 96 sealed plastic bowls, per case

· Classification: Rice Cereal, Crispy, Puffed, Ready-to-Eat

· Ingredients: Product shall contain, at minimum: Rice or Rice Flour, Sugar, Salt, Malt Flavor or Extract. May include Corn Syrup or Corn Flour, and BHT (preservative)

· Vitamins & Minerals: Shall contain some or all of the following : Vitamin A, Vitamin C, Vitamin D, several B Vitamins, Iron, Zinc, and Folate or Folic Acid

· Grain Composition: The product may be made from either Whole or Refined grains, or a combination thereof

· Box/Bowl Size (Net Weight): Sealed bowls or boxes shall be between 0.60 ounces (17.0 grams) minimum and 1.60 ounces (45.5 grams) maximum

· Calories: 340 Calories minimum to 420 Calories maximum

· Carbohydrates: 75.0 grams minimum to 100 grams maximum

· Sugars: 6.5 grams minimum to 13.0 grams maximum

· Gilster Mary Lee - Hospitality "Crisp Rice" #71923-76195

· Kellogg's "Rice Krispies" - #21933

· Kellogg's "Rice Krispies" - mfr. #3800000596

· Malt-O-Meal "Crispy Rice" #00542

· Institutional Supplies - "Rice Crispies" - Alfa brand - 96/1 oz.

Must comply with CID A-A-20000D “Cereal, Prepared, Ready-to-Eat” (2008) as follows:

· Shelf Life: Product shall have a minimum of twelve (12) months of shelf life from date of manufacture

· Packaging: Packed 70 perforated “Box to Bowl” packages or 84 or 96 sealed plastic bowls, per case

· Classification: Wheat - Bran Cereal, Flakes, with Raisins, Ready-to-Eat

· Ingredients: Product shall contain, at minimum: Whole Grain Wheat, Raisins, Sugar, Wheat Bran, Corn or Brown Sugar Syrup, Salt, Malt Flavor / Extract. May have Annatto (color) and Molasses

· Vitamins & Minerals: Shall contain some or all of the following: Vitamin A, Vitamin C, Vitamin D, several B Vitamins, Iron, Zinc, Folate or Folic Acid, and Preservatives

· Grain Composition: The product will be made from whole grain wheat

· Box/Bowl Size (Net Weight): Sealed bowls or boxes shall be between 0.60 ounces (17.0 grams) minimum and 1.60 ounces (45.5 grams) maximum

· Calories: 300 Calories minimum to 400 Calories maximum

· Carbohydrates: 65.0 grams minimum to 90.0 grams maximum

· Sugars: 25.0 grams minimum to 40.0 grams maximum

· Gilster Mary Lee - Hospitality "Whole Grain Raisin Bran" #71923-76192

· Kellogg's "Raisin Bran" - #21942

· Kellogg's "Raisin Bran" - mfr. #3800000896

· Malt-O-Meal "Raisin Bran" #00715

Must comply with CID A-A-20000D “Cereal, Prepared,…