T0037 RFP~1.docx

Bid Solicitation

Noodles & Spaghetti for Distribution and Support Services

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 the Division of Purchase and Property website and on www.njstart.gov.

Small Business Set-Aside Status ☒ Not Applicable

☐ Entire Blanket P.O.

☐ Partial Blanket P.O.

☐ Subcontracting Only Category

☐ I ☐ IV

☐ II ☐ V

☐ III ☐ VI

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 Distribution & Support Services 1620 Stuyvesant Ave.

West Trenton, NJ 08625

Date: 8/15/18

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.

NJSTART terminology is used throughout this document. See Bid Solicitation Section 2.1 for a crosswalk of NJSTART terminology to legacy terminology.

Please be advised that in accordance with P.L. 2018, c. 9, also known as the Diane B, Allen Equal Pay Act, which was signed in to law by Governor Phil Murphy on April 24, 2018, a contractor performing “qualifying services” or “public work” to the State or any agency or instrumentality of the State shall provide the Commissioner of Labor and Workforce Development a report regarding the compensation and hours worked by employees categorized by gender, race, ethnicity, and job category. For more information and report templates see https://nj.gov/labor/equalpay/equalpay.html.

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 State of New Jersey, Department of the Treasury, Distribution and Support Services (DSS). The purpose of this Bid Solicitation is to solicit Quotes for pasta; macaroni, noodles and spaghetti for DSS.

The intent of this Bid Solicitation is to award a Master Blanket Purchase Order (Blanket P.O.) to that responsible Vendor {Bidder} whose Quote, conforming to this Bid Solicitation 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. 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.

There are seven (7) price lines, which are itemized as follows:

Price Line #

Item Description

Price lines #1 through #7 are grouped to create a single award. Therefore, the Vendor {Bidder} must bid on all seven (7) price lines within the group to be considered for an award.

The State of NJ Standard Terms and Conditions (SSTC) 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 products provided under Foods: Pasta – Macaroni, Noodles & Spaghetti - DSS, presently due to expire on September 20, 2018. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T0037 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 T0037, Click “Find It” The current Blanket P.O. will appear under “Results”.

For informational purposes only. The following Blanket P.O. awards were made during the current T-0037 procurement (Bid Solicitation Number 15-X-23688):

Brand: Giovanni Primo #2350

Brand: Patria/Zerega #3040

Brand: Patria #3039

Brand: Giovanni Primo #3722

Brand: Giovanni Primo #3739

Brand: Giovanni Primo #3784

Brand: Giovanni Primo #3197

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

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 State 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-1.1 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. The location in the Quote 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 will be redacted by the State. The State will not honor any attempt by a Vendor {Bidder} to designate its entire Quote and/or prices as proprietary, confidential and/or to claim copyright protection for its entire Quote. 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.

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 Bureau. 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.

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 – 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.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 (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).

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 it proposal 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 – 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. This Blanket P.O. may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation. In addition, with the approval of the Director of the Division of Purchase and Property and the agreement of the Vendor {Contractor}, the Blanket P.O. may be used by any Using Agency or quasi-State governmental entity.

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

CFR – Code of Federal Regulations – A database that includes a codification of the general and permanent rules published in the Federal Government. Title 21 of the CFR is reserved for rules of the Food and Drug Administration.

CID – Commercial Item Descriptions are product descriptions that concisely describe the most important characteristics of a commercial product. CIDs are official U.S. Government procurement documents.

DSS – State of New Jersey, Distribution and Support Services

FDA – U.S. Food & Drug Administration

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.

Producer Price Index (PPI) - A family of indexes compiled by the U. S. Bureau of Labor Statistics. The PPI index of commonly produced items, at various stages of processing, that fluctuates and measures price changes from the perspective of the seller. The PPI homepage is available at http://www.bls.gov/ppi. Please refer to Section 5.2.1 of the Bid Solicitation {RFP} for the utilization of PPI during the term of the Blanket P.O, including any extensions thereof.

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.

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.

product specifications

The following chart illustrates and describes all items included within this Bid Solicitation along with required USDA, CID, CFR, technical, and/or packaging specifications:

Pasta Products, Type V – Macaroni, Rotini form; Style D – Vegetable; Vegetable Type 1 – Tri-Color; Enrichment Type (B) – Not enriched pasta or made with enriched flour; Agricultural Practice (1) – Conventional Packaged in 10 lb. Cases Only

Noodles, Egg, Enriched, Type II – Bow-Shaped Noodles; Style B – Large;

Packaged in 10 lb. Cases Only

Noodles, Egg, Enriched, Type II – Bow-Shaped Noodles; Style A – Small;

Packaged in 10 lb. Cases Only

Pasta Products, Type I – Macaroni, Elbow Form; Style A – Regular; Enrichment Type (B) - Not enriched pasta or made with enriched flour; Agricultural Practice (1) – Conventional Packaged in 20 lb. Cases Only

Pasta Products, Type XIII – Macaroni, Ziti Form; Style A – Regular; Enrichment Type (B) - Not enriched pasta or made with enriched flour; Agricultural Practice (1) – Conventional Packaged in 20 lb. Cases Only

Pasta Products, Type III – Macaroni, Shell Form; Class 2 – Medium; Style A – Regular; Enrichment Type (B) - Not enriched pasta or made with enriched flour; Agricultural Practice (1) – Conventional Packaged in 20 lb. Cases Only

Pasta Products, Type VI – Spaghetti, Long form; Style A – Regular; Enrichment Type (B) - Not enriched pasta or made with enriched flour; Agricultural Practice (1) – Conventional Packaged in 20 lb. Cases Only

All dimensional measurement ranges already established within the cited CIDs shall be expanded to allow an additional +/- 5% tolerance to the stated requirements.

USDA detailed Commercial Item Descriptions (CIDs) for pasta products can be found at:

· CID A-A-20063C (1997) – Noodles, Egg, Enriched https://www.ams.usda.gov/sites/default/files/media/CID%20Noodles%2C%20Egg%2C%20Enriched.pdf

· CID A-A-20062F (2015) Pasta Products https://www.ams.usda.gov/sites/default/files/media/A-A-20062E_Pasta_Products.pdf

FDA detailed Code of Federal Regulations (CFR) for pasta products can be found at:

· CFR Title 21 Part 139 Subparts 110 through 180 https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm

The State reserves the right to test any and all contracted items to ensure that these items meet the Blanket P.O. requirements throughout the term of the Blanket P.O. including any extension(s) thereof. If the contracted item fails to meet Blanket P.O. requirements, the item will be rejected by the Using Agency and must be replaced in accordance with Section 3.7.

delivery requirements

Vendors {Contractors} must provide contracted items and the delivery of the contracted items directly to Distribution and Support Services (DSS) at the following address:

Department of the Treasury Distribution & Support Services 1620 Stuyvesant Avenue West Trenton, New Jersey 08625-0234

Deliveries for all contracted items shall be made within the delivery timeframe noted on all Purchase Orders and in strict accordance with the instructions from the Using Agency. Delivery days ARO must not exceed thirty (30) calendar days.

Delivery due dates are indicated for each item ordered on each Purchase Order issued taking into account the Vendor’s {Contractor’s} ARO delivery requirements. Deliveries may be made Monday through Friday (excluding State holidays) from 8:00 AM until 2:00 PM and must arrive in time for the delivery to be completed by no later than 2:00 PM. Delivery appointments will not be accepted by the Using Agency. Trucks will be unloaded on a first come, first serve basis.

Deliveries shall not be made on the following State observed holidays:

· New Year’s Day;

· Martin Luther King Jr. Day;

· Presidents Day;

· Good Friday;

· Memorial Day;

· Independence Day;

· Labor Day;

· Columbus Day;

· Election Day;

· Veterans Day;

· Thanksgiving Day; and

· Christmas Day.

All contracted items are subject to final acceptance at the point of delivery. Deliveries containing damaged goods may be either partially accepted by DSS (with damaged goods rejected) or totally rejected by DSS depending on the severity of the damage. The carrier truck driver must bear sole responsibility for any "re-working" of palletized goods for the removal of any damaged goods from acceptable goods. DSS shall not be responsible for any additional costs associated with this procedure. Vendors {Contractors} shall be responsible for any shipments rejected by the DSS and the rejected item(s) must be removed from the DSS premises at the Vendor’s {Contractor’s} expense.

If a Vendor {Contractor} anticipates a late delivery for any reason, the Vendor {Contractor} must immediately make the details known to the DSS in writing. The DSS reserves the right to cancel all or part of any such order and purchase the item(s) elsewhere.

If the Vendor {Contractor} fails to deliver by the specified delivery date, the DSS reserves the right to cancel the portion of the order which the Vendor {Contractor} failed to deliver within the specified delivery time and purchase that item elsewhere, charging the increase in price and cost of handling, if any, to the Vendor {Contractor}. In the event of Blanket P.O. cancellation for cause, the State reserves the right to cancel all outstanding orders.

Vendors {Contractors} must deliver quantities ordered by DSS. A Vendor {Contractor} must not change quantities ordered after receiving a purchase order. Any overages, not previously approved by DSS, may be refused by DSS at the Vendor’s {Contractor’s} expense. Any shortages may be cause for the issuance of a formal complaint to the Division’s Contract Compliance and Audit Unit.

Vendors {Contractors} must not combine deliveries of items with various scheduled delivery dates, unless authorized by DSS.

The cargo section of the delivery vehicle must be clean and totally free of garbage, refuse, trash and other matter that may be involved in the development of pathogenic or toxigenic microorganisms that could possibly cause undesirable deterioration of the contracted items.

The cargo section of all delivery vehicles must be free of all obnoxious odors that may immigrate into the contracted items or the packaging rendering the contracted items unacceptable for use. The presence of any of these conditions shall be cause for complete rejection of the delivery. Packaging must be in accordance with good commercial practices in order to protect the quality of the product.

The unloading process may not extend beyond a three (3) hour time frame due to palletization, re-palletization or re-working of pallets for removal of damaged goods. Partial acceptance or partial rejection may result after this three (3) hour unloading period has expired.

A packing slip must accompany all deliveries, indicating the name of the Vendor {Contractor} and a valid DSS Purchase Order Number. Deliveries not properly identified may be rejected and returned at the Vendor’s {Contractor's} expense.

The Vendor {Contractor} must provide a receipt for each delivery, indicating the items being delivered and the DSS Purchase Order Number. The Vendor {Contractor} must obtain proof of delivery signed by an authorized employee of the DSS receiving unit or location. This proof of delivery must accompany the Vendor’s {Contractor's} invoice submitted for payment.

Orders will be placed in minimum combined quantities of 1,000 cases per delivery. A Vendor {Contractor} shall provide information for each item that details the number cases per pallet, full pallet heights, and other related information to assist in determining a uniform ordering pattern. Purchase Orders will be faxed to the Vendor {Contractor} in advance.

packaging requirements

All products must conform in every respect to the standards and regulations established by the FDA under Current Good Manufacturing Practices CFR Title 21 Part 110 located at:

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=110.5

Product containers must be made from corrugated cardboard box material and sealed with tape or adhesive to prevent accidental opening. Products packaged in bags, sacks, totes, or any other container type that is not made from corrugated cardboard box material is unacceptable and shall be refused at time of delivery.

special instructions

From time to time DSS may issue special shipping instructions to the Vendor {Contractor}, which will supersede the requirements set forth herein. Special instructions will be communicated to the Vendor {Contractor} that may affect delivery dates and other related issues. The Vendor {Contractor} shall make adjustments as appropriate.

carton (case) marking requirements

All shipping cartons must be marked in accordance with Federal Standard No. 123 H as amended, and as modified by these terms and conditions. All cartons must be plainly marked on any two sides so that palletized cartons may be easily identified. Adjacent sides are preferable; however, opposite sides are acceptable. The following must be included:

- Contents (industry standard item description); and

- The State issued Blanket P.O. Number or Purchase Order Number and Pack Date.

Detailed information regarding Federal Standard No. 123H can be found on the General Services Administration webpage at: https://vsc.gsa.gov/administration/files/FEDSTD123H.pdf

Cartons that do not comply with all marking requirements at time of delivery may be refused and returned at the Vendor’s {Contractor’s} expense. No marking of post-delivery cartons shall be permitted at DSS.

Pallets/palletization

Vendors {Contractors} must adhere to the following guidelines for pallets and palletization:

Items must be stacked on 48" x 40" four-(4) way grocery pallets before delivery will be accepted at DSS;

Cases must be configured with an interlocking block pattern, which must be consistent throughout the load for like items;

Items that are floor loaded upon delivery must be transferred to 48" x 40" four-(4) way grocery pallets by the carrier truck driver before delivery will be accepted;

Items that are delivered on other than 48" x 40" four-(4) way grocery pallets must be transferred to acceptable pallets by carrier truck driver before delivery is accepted;

Palletization or re-palletization shall be the sole responsibility of the delivering carrier, and no additional charges shall be paid by DSS for this procedure;

Pallet exchange is available at DSS and will be handled by receiving personnel on the receiving dock;

Full pallets must be broken down to not to exceed 65 inches including pallet to meet DSS requirements for dry storage by the carrier driver;

Stretch wrapping or taping is required for all palletized loads;

Segregation of product is required, when applicable; and

All contracted items shall be subject to final acceptance at DSS. Any shipments arriving at DSS with the block patterns or cases considered being unstable, unsafe, or completely outside of the industry boxing standards for that item, will be subject to rejection and subsequent replacement. Rejected shipments shall be the responsibility of the Vendor {Contractor} and must be removed from the DSS premises at the Vendor’s {Contractor’s} expense.

replacement of unsatisfactory product

In the event the product supplied is deemed unsatisfactory for reasons of quality, damage, or performance by the DSS, the Vendor {Contractor} shall immediately remove and replace the unsatisfactory product(s), at no cost to the DSS. The timeframe for the replacement shall not exceed the delivery days ARO listed on the Price Sheet. Failure to comply may result in the product(s) being removed from the Blanket P.O. and similar product(s) obtained from another Vendor {Contractor} with any additional costs assumed by the original Vendor {Contractor}.

substitution of products substitution of discontinued or reformulated products

The Vendor {Contractor} may offer a substitution for any item discontinued or reformulated by the manufacturer awarded in its Blanket P.O. {Contract}. All substitutions must be approved by the State.

The Vendor {Contractor} must write to the Division’s assigned Procurement Specialist for T-0037 stating that an item has been discontinued or reformulated by the manufacturer along with supporting documentation from that manufacturer that the item has been discontinued or reformulated. The Vendor {Contractor} must provide in its letter the discontinued or reformulated model number, model number of the replacement product being offered, detailed literature for the replacement product being offered, the price of the discontinued or reformulated item and the price of the product being offered as a replacement. The replacement product being offered must meet or exceed the specifications of the discontinued or reformulated item. The State will not approve the substitution of a discontinued or reformulated item without all of the above information.

The replacement product shall be offered to the State at the same or lesser price as the discontinued or reformulated product unless proper justification is submitted for a price adjustment. Please refer to Section 5.2.1 of the Bid Solicitation.

substitution of products on a temporary basis

A Vendor {Contractor} may offer a substitute product for the contracted product on a temporary basis provided that the specifications are met and the Vendor {Contractor} provides proper justification for the temporary substitution.