T0025 Bid Solicitation~1.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.)

Not applicable to this procurement.

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

Not applicable to this procurement.

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.

Category 3 (Price Lines 3 and 15) and Category 4 (Price Lines 4 and 16) only. Please see Bid Solicitation Section 1.1, 4.4.1.4, 4.4.5.2 and 7.2 for more information.

☐ 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/Agencies:

State of New Jersey Cooperative Purchasing Program Participants

Date: 9/2/2021

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 , 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 State Using Agencies. The purpose of this Bid Solicitation is to solicit Quotes for men’s, women’s, boys and girls business/formal attire, casual wear, coats, undergarments, and sleepwear intended for use in institutional settings, mainly psychiatric hospitals and developmental centers.

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.

The State intends to make Blanket P.O. awards to all responsive Vendors {Bidders} for each brand offered per category/price line that meets the category definition and requirements of the Bid Solicitation, including N.J.S.A. 34:6-158 et seq. which requires that a Blanket P.O. for Apparel Production outside of the U.S. will only be awarded if there is no responsive Quote received for Apparel Production within the U.S. and the Commissioner of Labor or designee determines that it is not possible for the State to obtain Apparel produced in the United States which meets the necessary requirements of the State.

There are twelve (12) Categories of various men’s and women’s, boys and girls clothing items for use in institutional settings, mainly psychiatric hospitals and developmental centers. The various clothing items are itemized below and in Bid Solicitation Section 3.2 and are represented by twenty-four (24) price line items on the State-Supplied Price Sheet.

The Bid Solicitation and State-Supplied Price Sheet contains twelve (12) Categories and twenty-four (24) price lines identified below:

MADE IN THE USA

MADE OUTSIDE THE USA

For each category and price line item, the State-Supplied Price Sheet contains a field for the Vendor’s {Bidder’s} insertion of the brand bid. Vendors {Bidders} may offer any brand that meets the requirements/definition of the category.

A Vendor {Bidder} may bid on a single category, several categories or all categories. Vendors {Bidders} are not required to bid on all categories in order to be considered for an award.

For Categories 1 through 12, Price Lines 1 through 12, a Vendor {Bidder} shall offer brands of clothing that are Made in the USA. A Vendor {Bidder} may bid on one, some or all of the individual price line items. Vendors {Bidders} are not required to bid on all individual price line items in order to be considered for an award.

For Categories 1 through 12, Price Lines 13 through 24, a Vendor {Bidder} shall offer brands of clothing that are Made Outside the USA. A Vendor {Bidder} may bid on one, some or all of the individual price line items. Vendors {Bidders} are not required to bid on all individual price line items in order to be considered for an award.

Partial Small Business Set Aside:

This Bid Solicitation has been designated as a partial Small Business set aside Blanket P.O. for Small Business Category I, II and III, as per Section 4.4.1.4. The Vendor {Bidder} must be registered and approved as a qualifying small business with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit by the date the Quote is received and opened.

Category 3 (Price Lines 3 and 15) and Category 4 (Price Lines 4 and 16) have been designated as partial Small Business set aside as per Section 4.4.1.4

MADE IN THE USA

MADE OUTSIDE THE USA

It is the State’s intent to award Blanket P.O.s for Categories 3 and 4 to each responsive qualifying small business registered and approved with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit at the time of Quote opening as per Bid Solicitation Section 4.4.1.4 for each brand offered per category/price line that meets the category definition and requirements of the Bid Solicitation.

If no responsive Quotes offering reasonable pricing from a Small Business Vendor {Bidder} registered and approved as such at the time of Quote opening as per Section 4.4.1.4 are received for Categories 3 and 4, the State may award a Blanket P.O. to any responsive Vendor {Bidder}.

The Bid Solicitation and State-Supplied Price Sheet also contains ten (10) categories and associated price lines as per the table below. These categories have NOT been designated as partial Small Business set aside as per Section 4.4.1.4.

MADE IN THE USA

MADE OUTSIDE THE USA

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/services under T0025 Clothing and Coats – Women, Girls, Men & Boys – Various State Agencies, presently due to expire on May 31, 2022 and T1291 Undergarments and Sleepwear, Various Men’s and Women’s, presently due to expire on May 14, 2022. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O.s (T0025 and T1291) 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 (Enter T0025 or T1291, one search at a time), Click “Find It” The current Blanket P.O.s will appear under “Results”.

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

Please refer to Attachment A for expenditures for all items under the current Blanket P.O.s.

NOTABLE CHANGES SINCE THE LAST BID SOLICITATION

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

Notable changes include, but are not limited to:

· Products under the T0025 – Clothing and Coats – Women, Girls, Men & Boys – Various State Agencies term Blanket P.O. and products under the T1291 – Undergarments and Sleepwear, Various Men’s and Women’s term Blanket P.O. have been combined into one Bid Solicitation that includes the following categories:

MADE IN THE USA

MADE OUTSIDE THE USA

Category 3 (Price Lines 3 and 15) and Category 4 (Price Lines 4 and 16) have been designated as partial Small Business set aside as per Section 4.4.1.4

MADE IN THE USA

MADE OUTSIDE THE USA

Percentage Discount or Markup:

A Vendor {Bidder} may offer a firm, fixed percentage discount or markup from the product price list, by entering the percentage discount or markup bid on the State-Supplied Price Sheet. Please refer to Bid Solicitation Section 4.4.5.2.

Partial Small Business Set Aside:

Category 3 (Price Lines 3 and 15) and Category 4 (Price Lines 4 and 16) have been designated as partial Small Business set aside as per Section 4.4.1.4

Hospital Gowns:

This category has been removed from this Bid Solicitation.

Blanket P.O. Award:

The State intends to make Blanket P.O. awards to all responsive Vendors {Bidders} for each brand offered per category/price line that meets the category definition and requirements of the Bid Solicitation, including N.J.S.A. 34:6-158 et seq. which requires that a Blanket P.O. for Apparel Production outside of the U.S. will only be awarded if there is no responsive Quote received for Apparel Production within the U.S. and the Commissioner of Labor or designee determines that it is not possible for the State to obtain Apparel produced in the United States which meets the necessary requirements of the State.

Using Agencies will utilize Blanket P.O.s in accordance with Bid Solicitation Section 3.9, Method of Operation.

Submittals:

Bid Solicitation Section 4.4.3 has been amended as follows:

· Specification Conformance:

The Vendor {Bidder} shall submit with its Quote a Vendor’s {Bidder’s} certification in the form of the attachment titled “Specification Conformance 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. Please see the attachment titled “Specification Conformance Certification”.

· Catalog and Price List

The Vendor {Bidder} should submit with its Quote the brand’s latest preprinted price list or catalog with list prices, as of the Quote opening date, for each brand/price line item bid.

All catalogs and price lists submitted must be properly labeled, showing the Vendor’s {Bidder's} name, Bid Solicitation number, brand/price line item bid, and the effective date of the price list.

All Price Lists should be submitted in Excel format only and not password protected.

In the event that two or more Vendors {Bidders} submit price lists or catalog with list prices for the same brand with different dates, the price list or catalog with list prices with the most current date will be adopted as the basis for Quote evaluation and Blanket P.O. award

Vendors {Bidders} must only provide the products offered within the category and brand awarded. This will require the Vendors {Bidders} to redact the products which do not apply to the category bid. In lieu of redacting a price list, a Vendor {Bidder} may choose to offer only the pages of the price list that correspond with the category bid.

A Vendor {Bidder} may indicate, within the price list or catalog with list prices submitted, the specific page numbers of the price list that are applicable to the category bid.

The State reserves the right to redact all products which do not apply to the categories identified in this Bid Solicitation.

To avoid any confusion, the price list provided by the Vendor {Bidder} for the brand(s) bid should only contain one price column, to which the discount or markup bid from the State-Supplied Price Sheet will be applied.

If a price list is not published, then the prices listed on the Vendor’s {Bidder’s} letterhead, dated and with authorized signature are acceptable. The letter should include the Bid Solicitation number and price line number.

Vendor {Bidder} acknowledges that the submitted brand’s price list(s) and/or catalog(s) shall be available to Using Agencies in NJSTART to allow all eligible purchasing entities access to the pricing information. Therefore, price list(s) and/or catalog(s) submitted shall not be marked as confidential. If a manufacturer has marked a price list(s) and/or catalog as confidential, the Vendor {Bidder} must provide a certification from the manufacturer in which the manufacturer acknowledges that the price list(s) and/or catalog(s) shall be available to State Using Agencies in NJSTART to allow all eligible purchasing entities access to the pricing information.

· Volume Discounts:

Vendors {Bidders} may submit volume discounts on company letterhead or include them in the preprinted price list and/or catalog. The State will consider a Vendor’s {Bidder’s} volume discount for ordering; however, such discounts will not be factored into the evaluation of the Quote.

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 email, 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 electronically through NJSTART.

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.

QUOTES WILL BE PUBLICLY OPENED AND ANNOUNCED BY TELEPHONE CONFERENCE ON THE DATE AND TIME OF THE QUOTE OPENING.

(DIAL-IN PHONE NUMBER: 888-204-5984 / ACCESS CODE: 2602305).

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.

QUOTES NOT RECEIVED PRIOR TO THE QUOTE OPENING DEADLINE SHALL BE REJECTED.

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.

Inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov.

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

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, 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, financial, security and confidential information may be exempt from public disclosure by OPRA and/or the common law when the Vendor {Bidder} has a good faith, legal/factual basis for such assertion.

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. 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.

See Bid Solicitation Section 4.4.2.5 Confidentiality/Commitment to Defend for additional information.

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

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.

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

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 Procurement Bureau 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.

The Quote withdrawal request must include the Bid Solicitation Number, Bid Solicitation Title, the Quote submission date and should be sent to Procurement.Bureau@treas.nj.gov.

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.

Cooperative Purchasing

The State of New Jersey (State) intends to extend the Blanket P.O.s awarded to the Division's Cooperative Purchasing Program participants. 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. In order for the State Blanket P.O. to be extended to Cooperative Purchasing Program participants, the Vendor {Bidder} must agree to the extension by executing the Cooperative Purchase Form. See Section 4.4.6 of this Bid Solicitation. Although the State, with the consent of the Vendor(s) {Bidder(s)}, is making the use of any Blanket P.O. resulting from this Bid Solicitation available to non-State Agencies, the State makes no representation as to the acceptability of any State Bid Solicitation terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation.

A. Supplier Convenience Fee For all purchases made by Cooperative Purchasing Program participants under the Blanket P.O., the Vendor {Contractor} shall remit the Supplier Convenience Fee in the amount of one percent (1%) of all Net Purchases to Periscope Holdings, Inc. (Periscope).

“Net Purchases” means the total gross purchases, less credits, taxes, regulatory fees and separately stated shipping charges not included in unit prices, made by Cooperative Purchasing Program Participants, regardless of whether or not NJSTART is used as part of the purchase process.

B. Quarterly Convenience Fee Remittance On a quarterly basis, the Vendor {Contractor} shall remit the Supplier Convenience Fee via Automated Clearing House (ACH) transactions directly to Periscope using the NJSTART Reconciler module. The remittance shall be made no later than thirty (30) calendar days after the end of each calendar quarter. The calendar quarters will end March 31, June 30, September 30, and December 31.

Failure to remit the Supplier Convenience Fee timely and accurately may result in Vendor’s {Contractor’s} goods and services being made ineligible for purchase through the NJSTART Marketplace module by Cooperative Purchasing Program Participants.

C. Catalog Enablement The Vendor {Contractor} shall cooperate with State and/or Periscope as requested to upload catalog items and pricing consistent with the awarded Blanket P.O. to the NJSTART Marketplace module. Vendor {Contractor} shall only upload a catalog containing items awarded.

D. Quarterly Sales Reporting Vendor {Contractor} shall submit a Sales Report documenting all sales made to Cooperative Purchasing Program Participants. Such information is deemed public record. The Sales Report shall be submitted directly to Periscope using the NJSTART Reconciler module no later than thirty (30) calendar days after the end of each calendar quarter. The calendar quarters will end March 31, June 30, September 30, and December 31. The Sales Report must contain the following information:

· Complete and accurate details of all sales, credits, returns, refunds, and the like for the reporting quarter;

· Purchasing entity;

· Total of Supplier Convenience Fee amount due for the reporting quarter;

· Such other information as the State may reasonably request; and

· If no sales were made to Cooperative Purchasing Program Participants during the reporting quarter, then a report shall be submitted showing zero sales and zero Supplier Convenience Fee due.

E. Retention and Inspection of Records and Audit The Vendor {Contractor} shall keep records of sales made to Cooperative Purchasing Program Participants in sufficient detail to enable the State to determine the Supplier Convenience Fee payable by the Vendor {Contractor}. The State and/or Periscope may examine and audit, at its own expense, Vendor’s {Contractor’s} sales records and Sales Reports for completeness and accuracy. If such examination reveals underpayment of the Supplier Convenience Fee, the Vendor {Contractor} shall immediately pay to Periscope the amount of deficiency. If the examination reveals an underpayment of 5% or more, then the Vendor {Contractor} shall reimburse the State and/or Periscope for the cost of the audit.

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:

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