T0103 16DPP00019 RFP Revised 7.6.16~2.doc

Bid Solicitation/Request for Proposal

Bid #: 16DPP00019

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

Mandatory/Optional Pre-Quote {Proposal} Conference (Refer to Bid Solicitation {RFP} Section1.3.6 for more information.)

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

Quote {Proposal} Submission Date

(Refer to Bid Solicitation {RFP} Section 1.3.2 for more information.)

Dates are subject to change. All changes will be reflected in Bid Amendments {Addenda} to the Bid Solicitation {RFP}. All times are Eastern Standard Time. All changes to the Bid Solicitation {RFP} will be reflected in Bid Amendments {Addenda} to the Bid Solicitation {RFP} posted on the Division of Purchase and Property website.

Small Business Set-Aside

Status

FORMCHECKBOX

Not Applicable

FORMCHECKBOX

Entire Contract

FORMCHECKBOX

Partial Contract

FORMCHECKBOX

Subcontracting Only Category

FORMCHECKBOX

I

FORMCHECKBOX

II

FORMCHECKBOX

III

Bid Solicitation {RFP} Issued By Using Agencies State of New Jersey

State of New Jersey

Department of the Treasury

Cooperative Purchasing Members Division of Purchase and Property

Trenton, New Jersey 08625‑0230 Date: July 6, 2016 Table of Contents

41.0 INFORMATION FOR VENDORS {BIDDERS}

41.1 PURPOSE AND INTENT

41.2 BACKGROUND

51.3 Key Events

51.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD

61.3.2 SUBMISSION OF QUOTE {PROPOSAL}

61.3.3 NJSTART

71.3.4 ELECTRONIC SIGNATURES

71.3.5 MANDATORY/OPTIONAL SITE VISIT

71.3.6 MANDATORY/OPTIONAL PRE-QUOTE {PRE-PROPOSAL} CONFERENCE

71.3.7 PRE-QUOTE {PRE-PROPOSAL} DOCUMENT REVIEW

71.4 ADDITIONAL Information

71.4.1 BID AMENDMENTS {ADDENDA}: Revisions to this BID SOLICITATION {RFP}

81.4.2 VENDOR {BIDDER} Responsibility

81.4.3 COST Liability

81.4.4 CONTENTS of QUOTE {Proposal}

91.4.5 ANNOUNCEMENT OF QUOTE {PROPOSAL} INFORMATION

91.4.6 PRICE Alteration In Hard copy QUOTES {proposals}

91.4.7 QUOTE {proposal} ERRORS

101.4.8 JOINT Venture

101.4.9 Reciprocity for Jurisdictional Vendor {Bidder} Preference

111.4.10 QUOTE {PROPOSAL} ACCEPTANCES AND REJECTIONS

111.5 PRICE List and/or catalog pricing

122.0 DEFINITIONS

122.1 CROSSWALK

122.1.1 General Definitions

142.3 BLANKET PO {contract}-specific definitions/ACRONYMS

153.0 COMMODITY DESCRIPTION/SCOPE OF WORK

153.1 park and playground equipment Categories

173.2 SAFETY STANDARDS, REGULATIONS AND GUIDELINES:

183.3 STATEWIDE BLANKET PO {CONTRACT} AWARD:

183.4 Current Production Items:

183.5 GUARANTEE/WARRANTY:

183.6 DELIVERY:

183.7 Packaging & Shipping

183.8 SUBSTITUTION of discontinued products:

193.9 Replacement of Unsatisfactory Product

193.10 CONTRACT IMPLEMENTATION (ORDERING PROCESS)

193.11 PRICE LIST REVISION

214.0 QUOTE {PROPOSAL} PREPARATION AND SUBMISSION

214.1 General

214.2 QUOTE {Proposal} Delivery and Identification

224.3 NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

224.3.1 NJSTART SUBMISSION OF QUOTE {PROPOSAL}

224.3.2 hard copy SUBMISSION

234.4 quote {Proposal} Content

234.4.1 Forms, rEGISTRATIONS and CERTIFICATIONS required with quote {Proposal}

264.4.2 Forms, REGISTRATIONS AND CERTIFICATIONS REQUIRED before BLANKET PO {contract} award and THAT SHOULD BE SUBMITTED with the QUOTE {proposal}

284.4.3 submittals

304.4.4. Financial Capability of the Vendor {Bidder}

304.4.5 PRICE schedule/SHEET

324.4.6 COOPERATIVE PURCHASING PROGRAM

324.4.7 METHOD OF BIDDING/PRICE SHEET INSTRUCTIONS

345.0 SPECIAL CONTRACTUAL {BLANKET PO} TERMS AND CONDITIONS

345.1 PRECEDENCE OF SPECIAL CONTRACTUAL {Blanket PO} TERMS AND CONDITIONS

345.2 BLANKET PO {Contract} Term and Extension Option

345.3 BLANKET PO {Contract} Transition

355.4 CHANGE ORDER {Contract AMENDMENT}

355.5 Vendor {contractor} Responsibilities

355.6 Claims and Remedies

355.6.1 Claims

355.6.2 Remedies

355.6.3 Remedies for failure to comply with material BLANKET PO {contract} requirements

355.7 Items Ordered and Delivered

365.8 MANUFACTURING/PACKAGING REQUIREMENTS

365.9 ELECTRONIC PAYMENTS

365.10 Substitution or Addition of SubCONTRACTOR(s)

375.11 Additional Work and/or Special PROJECTS

375.12 BLANKET PO {Contract} Activity Report

375.13 PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES

385.14 DISCLOSURE OF PRODUCT COMPOSITION

385.15 ACCESSIBILITY COMPLIANCE

385.16 News Releases

385.17 Advertising

396.0 QUOTE {PROPOSAL} EVALUATION

396.1 RIGHT TO WAIVE

396.2 DIRECTOR’S RIGHT OF FINAL QUOTE {proposal} ACCEPTANCE

396.3 STATE'S RIGHT TO INSPECT VENDOR {BIDDER} FACILITIES

396.4 STATE'S RIGHT TO REQUEST FURTHER INFORMATION

396.5 Oral Presentation and/or Clarification of QUOTE {proposal}

406.6 Evaluation Criteria

406.6.1 QUOTE (PROPOSAL) discrepancies

406.6.2 Evaluation of the QUOTES {proposals}

406.7 Negotiation and Best and Final Offer (BAFO)

416.8 “REQUEST FOR REVISION” WITHIN NJSTART

416.9 POOR PERFORMANCE

427.0 BLANKET PO {CONTRACT} AWARD

427.1 DOCUMENTS REQUIRED BEFORE BLANKET PO {CONTRACT} AWARD

427.1.1 Requirements of Public Law 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (Formerly Executive Order NO. 134) AND EXECUTIVE ORDER No. 117 (2008)

437.1.2 SOURCE DISCLOSURE REQUIREMENTS

437.1.3 Affirmative Action

437.1.4 BUSINESS REGISTRATION

437.2 FINAL BLANKET PO {CONTRACT} AWARD

437.3 INSURANCE CERTIFICATES

437.4 Performance SECURITY

448.0 BLANKET PO {CONTRACT} ADMINISTRATION

448.1 state CONTRACT MANAGER

448.1.1 state contract manager responsibilities

448.1.2 Coordination with the State Contract manager

45State of New Jersey Standard Terms and Conditions

1.0 INFORMATION FOR VENDORS {BIDDERS}

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

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

1.1 PURPOSE AND INTENT

This Bid Solicitation {RFP} is issued by the Procurement Bureau, Division of Purchase and Property, Department of the Treasury on behalf of Using Agencies and Cooperative Purchasing Partners. The purpose of this Bid Solicitation {RFP} is to solicit proposals for various types of Park and Playground Equipment.

The intent of this Bid Solicitation {RFP} is to award multiple Master Blanket Purchase Orders (Blanket POs) {Contracts} to those responsible Vendors {Bidders} whose proposals, conforming to this Bid Solicitation {RFP} are most advantageous to the State, price and other factors considered. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket PO {Contract} during the contract term, when deemed by the Director to be in the State’s best interest.

There are forty-eight (48) categories of park and playground equipment, which are itemized in Section 3.1 of the Bid Solicitation {RFP}. The State intends to make one (1) award per brand per region for each category.

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

The State intends to extend the Blanket POs {Contracts} awarded to the Division’s cooperative purchasing partners. These partners include quasi-state agencies, 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 POs {Contracts} to be extended to cooperative purchasing partners, the Vendor {Bidder} must agree to the extension by executing the Cooperative Purchase Form attached to this Bid Solicitation {RFP}. Also refer to Section 4.4.6 of this Bid Solicitation {RFP}. Although the State, with the assent of the Vendor {Bidder}, is making the use of any contract resulting from this Bid Solicitation {RFP} available to non-State Agencies, the State makes no representation as to the acceptability of any State Bid Solicitation {RFP} terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation.

1.2 BACKGROUND

1.2.1 This is a reprocurement of the products provided under the Park and Playground Equipment term contract, presently due to expire on August 14, 2016. Vendors {Bidders} interested in the current Blanket PO {Contract} specifications and pricing information may review the current Blanket PO {Contract} T#0103 at http://www.state.nj.us/treasury/purchase/noa/contracts/t0103_12-x-22409.shtml and are cautioned that the new Bid Solicitation {RFP} addresses current requirements.

1.2.2 Unlike the previous Bid Solicitation {RFP} (12-X-22409), this Bid Solicitation {RFP} does not include installation associated with the equipment specified in Bid Solicitation {RFP} Section 3.1. It will be the Using Agency’s responsibility to arrange for the installation of the equipment through a separate procurement channel/method.

1.2.3 The Bid Solicitation {RFP} is designed to meet the quantitative and expeditious delivery, standardization and compatibility requirements of the State, with the anticipation that the Blanket POs {Contracts} awarded as a result of this Bid Solicitation {RFP} will be extended to over 2,800 cooperative purchasing members.

This Bid Solicitation {RFP} may result in multiple Blanket POs {Contracts} for multiple/various brands of park and playground equipment in each of the three regions - North, Central and South - to accommodate varying needs of the Blanket PO {Contract} users, thereby increasing the total contract utilization and, in turn, providing better pricing for future Blanket PO {Contract} reprocurement.

1.2.4 Please carefully review and comply with the requirements set forth in Sections 4.4.3.2 (Manufacturer’s Catalog and Price List) and 4.4.3.3 (Manufacturer’s, Distributor’s and/or Bidder’s Certifications) of the RFP.

1.2.5 The following items have been removed from this Bid Solicitation {RFP} and are available under T-0118 Sporting Goods - http://www.state.nj.us/treasury/purchase/noa/contracts/t0118_16-x-24078.shtml:

Basketball Nets and Accessories

Basketball Supports, Rims, Nets and Backboards

Goals (All Types) Tennis Nets and Accessories

Volleyball Nets and Accessories

1.2.6 Fences – chain link, rock fall, wooden, vinyl and ornamental - are excluded from this Bid Solicitation {RFP} and are available under term Blanket PO {Contract} T-0640 – http://www.state.nj.us/treasury/purchase/noa/contracts/t0640_15-x-23065.shtml.

1.3 Key Events

1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Vendors {Bidders} via the “Q&A” Tab of the Bid Solicitation {RFP} in NJSTART.

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

b. Each question should begin by referencing the Bid Solicitation {RFP} page number and section number to which it relates.

Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

A Vendor {Bidder} must not contact the Using Agency directly, in person, by telephone or by e-mail, concerning this Bid Solicitation {RFP}.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation {RFP} is indicated on the Bid Solicitation {RFP} cover sheet and on the “Summary” page of the Bid Solicitation in NJSTART. In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment {Addendum}. Any Bid Amendment {Addendum} to this Bid Solicitation {RFP} will become part of this Bid Solicitation {RFP} and part of any Blanket PO {Contract} awarded as a result of this Bid Solicitation {RFP}. Bid Amendments {Addenda} to this Bid Solicitation {RFP}, if any, will be posted as a File Attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date. (See Bid Solicitation {RFP} Section 1.4.1 for further information.)

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

Questions regarding the SSTC and exceptions to mandatory requirements must be posed during this Electronic Question and Answer period and shall contain the Vendor’s {Bidder’s} suggested changes and the reason(s) for the suggested changes.

1.3.2 SUBMISSION OF QUOTE {PROPOSAL}

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

Hard copy Quote {Proposal} must be submitted to the physical location noted below:

PROPOSAL RECEIVING ROOM – 9TH FLOOR

DIVISION OF PURCHASE AND PROPERTY

DEPARTMENT OF THE TREASURY

33 WEST STATE STREET, P.O. BOX 230

TRENTON, NJ 08625-0230

Directions to the Division are available on the web at http://www.state.nj.us/treasury/purchase/directions.shtml.

QUOTES {PROPOSALS} NOT RECEIVED PRIOR TO THE QUOTE {PROPOSAL} OPENING DEADLINE SHALL BE REJECTED. THE DATE AND TIME OF THE QUOTE {PROPOSAL} OPENING ARE INDICATED ON THE BID SOLICITATION {RFP} COVER SHEET AND IN THE “SUMMARY” PAGE OF THE BID SOLICITATION {RFP} IN NJSTART.

Note: A Vendor {Bidder} using U.S. Postal Service regular or express mail services should allow additional time since the U.S. Postal Service does not deliver directly to the Procurement Bureau. A Vendor {Bidder} should make every effort to submit its Quote {Proposal} well ahead of the Quote {Proposal} submission deadline to mitigate unforeseen delays or issues. The Vendor {Bidder} is solely responsible for the timely submission of its Quote {Proposal} in response to this Bid Solicitation {RFP}.

Procedural inquiries concerning this Bid Solicitation {RFP} may be directed to RFP.procedures@treas.nj.gov.

The State will not respond to substantive questions related to the Bid Solicitation {RFP} or any other Blanket PO {Contract} via this e-mail address.

1.3.3 NJSTART

The Division is pleased to announce its new eProcurement solution “

Vendor {Bidder} Support:

Vendors {Bidders} are strongly encouraged to visit the NJSTART Vendor Support Page, which contains QRGs, supporting videos, a glossary of NJSTART terms, and helpdesk contact information.

The Vendor {Bidder} should utilize the QRGs before attempting to submit its Quote {Proposal} using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote {Proposal} and attachments have been properly submitted.

1.3.4 ELECTRONIC SIGNATURES

Vendors {Bidders} submitting Quotes {Proposals} through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote {Proposal}) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket PO {Contract} Award and That Should Be Submitted with the Quote {Proposal}) of this Bid Solicitation {RFP} electronically by typing the name of the authorized signatory in the “Signature” block as an alternative to downloading, physically signing the form, scanning the form, and uploading the form to NJSTART.

Vendors {Bidders} submitting Quotes {Proposals} in hard copy format, must provide forms with original, physical signatures, otherwise its Quote {Proposal} may be deemed non-responsive.

1.3.5 MANDATORY/OPTIONAL SITE VISIT

Not applicable to this Bid Solicitation {RFP}.

1.3.6 MANDATORY/OPTIONAL PRE-QUOTE {PRE-PROPOSAL} CONFERENCE

Not applicable to this Bid Solicitation {RFP}.

1.3.7 PRE-QUOTE {PRE-PROPOSAL} DOCUMENT REVIEW

Not applicable to this Bid Solicitation {RFP}.

1.4 ADDITIONAL Information

1.4.1 BID AMENDMENTS {ADDENDA}: Revisions to this BID SOLICITATION {RFP}

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

There are no designated dates for release of Bid Amendments {Addenda}. Those Vendors {Bidders} who are on the bidholder list either through commodity code registration in NJSTART or by acknowledging the Bid Solicitation {RFP} in NJSTART should receive notification of any Bid Amendment(s) {Addenda}. If a Vendor {Bidder} is not on the bidholder list to receive notifications related to a Bid Solicitation {RFP}, Bid Amendments {Addenda} will be viewable on the “Summary” page of the Bid Solicitation in NJSTART.

BID AMENDMENTS {ADDENDA} WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE VIEWABLE ON THE “SUMMARY” PAGE OF THE BID SOLICITATION {RFP} IN NJSTART. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all Bid Amendments {Addenda} related to this procurement. An interested Vendor {Bidder} should check the NJSTART “Open Bids” Tab on a daily basis to ensure review of the most updated information.

1.4.2 VENDOR {BIDDER} Responsibility

The Vendor {Bidder} assumes sole responsibility for the complete effort required in submitting a Quote {Proposal} in response to this Bid Solicitation {RFP}. No special consideration will be given after Quotes {Proposals} are opened because of a Vendor’s {Bidder’s} failure to be knowledgeable as to all of the requirements of this Bid Solicitation {RFP}.

1.4.3 COST Liability

The State assumes no responsibility and bears no liability for costs incurred by a Vendor {Bidder} in the preparation and submittal of a Quote {Proposal} in response to this Bid Solicitation {RFP}.

1.4.4 CONTENTS of QUOTE {Proposal}

Quotes {Proposals} can be released to the public pursuant to N.J.A.C. 17:12-1.2(b) and (c), or under the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., or the common law right to know.

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

As part of its Quote {Proposal}, a Vendor {Bidder} may designate any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion. The location in the Quote {Proposal} of any such designation should be clearly stated in a cover letter. The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the Vendor {Bidder} accordingly. Any proprietary and/or confidential information in a Quote {Proposal} will be redacted by the State. The State will not honor any attempt by a Vendor {Bidder} to designate its entire Quote {Proposal} and/or prices as proprietary, confidential and/or to claim copyright protection for its entire Quote {Proposal}. Copyright law does not prohibit access to a record which is otherwise available under OPRA. In the event of any challenge to the Vendor’s {Bidder’s} assertion of confidentiality with which the State does not concur, the Vendor {Bidder} shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Vendor {Bidder}. The State assumes no such responsibility or liability.

By signing the Bid Solicitation {RFP} Offer and Acceptance Page {Signatory Page}, the Vendor {Bidder} waives any claims of copyright protection set forth within the manufacturer's price list and/or catalogs. The price lists and/or catalogs must be accessible to State Using Agencies and Cooperative Purchasing Program participants and thus have to be made public to allow all eligible purchasing entities access to the pricing information.

1.4.5 ANNOUNCEMENT OF QUOTE {PROPOSAL} INFORMATION

On the date and time Quotes {Proposals} are due under the Bid Solicitation {RFP}, all information concerning the Quotes {Proposals} submitted may be publicly announced and shall be available for inspection and copying except as noted below:

a. Information appropriately designated as proprietary and/or confidential shall not be available for inspection and copying; and

b. Where negotiation is contemplated, only the names and addresses of the Vendors {Bidders} submitting Quotes {Proposals} will be announced, and the contents of the Quotes {Proposals} shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

1.4.6 PRICE Alteration In Hard copy QUOTES {proposals}

Hard copy Quote {Proposal} prices must be typed or written in ink. Any price change (including "white-outs") must be initialed. Failure to initial price changes shall preclude a Blanket PO {Contract} award from being made to the Vendor {Bidder}.

1.4.7 QUOTE {proposal} ERRORS

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

1.4.7.1 QUOTE {PROPOSAL} WITHDRAWAL PRIOR TO QUOTE {PROPOSAL} OPENING

NJSTART: A Vendor {Bidder} may withdraw its Quote {Proposal} submission in NJSTART prior to the Quote {Proposal} opening; however, Vendors {Bidders} should note that while withdrawn NJSTART Quotes {Proposals} remain viewable by the Vendor {Bidder} on its Vendor Profile Homepage, they are removed from the Division’s view and cannot be considered for Blanket PO {Contract} award. The Vendor {Bidder} may submit a revised Quote {Proposal} as long as the Quote {Proposal} is received prior to the announced date and time for Quote {Proposal} submission. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

Hard Copy: A Vendor {Bidder} may request that its hard copy Quote {Proposal} be withdrawn prior to the Quote {Proposal} opening. Such request must be made, in writing, to the Supervisor of the Proposal Review Unit at the address provided in Section 1.4.7.2 below. The Vendor {Bidder} may submit a revised Quote {Proposal} as long as the Quote {Proposal} is received prior to the announced date and time for Quote {Proposal} submission and at the place specified.

1.4.7.2 QUOTE {PROPOSAL} WITHDRAWAL AFTER QUOTE {PROPOSAL} OPENING, BUT PRIOR TO BLANKET PO {CONTRACT} AWARD

NJSTART and Hard Copy: If, after the Quote {Proposal} opening, but before Blanket PO {Contract} award, a Vendor {Bidder} discovers an error in its Quote {Proposal}, the Vendor {Bidder} may make a written request to the Supervisor of the Proposal Review Unit to withdraw its Quote {Proposal} from consideration for award. If the Vendor’s {Bidder’s} request to withdraw is made in good faith, and the State will not be significantly prejudiced by granting the withdrawal of the Quote {Proposal} beyond the loss of the benefit of the bargain to the State of the withdrawing Vendor’s {Bidder’s} offer, the request shall be granted. Evidence of the Vendor’s {Bidder’s} good faith in making this request can be demonstrated by one or more of the following factors: A mistake is so significant that to enforce the Blanket PO {Contract} resulting from the Quote {Proposal} would be unconscionable; that the mistake relates to a material feature or term of the Blanket PO {Contract}; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After Quote {Proposal} opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its Quote {Proposal} and the Director may in her discretion allow said Vendor {Bidder} to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Vendor {Bidder} and take those prior requests to withdraw into consideration when evaluating the Vendor’s {Bidder’s} future quotes {proposals}.

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

Department of the Treasury

Division of Purchase and Property

PO Box 039

33 West State Street – 9th Floor

Trenton, New Jersey 08625-0039

Attention: Supervisor, Proposal Review Unit

If during a Quote {Proposal} evaluation process, an obvious pricing error made by a potential Blanket PO {Contract} awardee is found, the Director or her designee shall issue written notice to the Vendor {Bidder}. The Vendor {Bidder} will have up to five (5) business days after receipt of the notice to confirm its pricing. If the Vendor {Bidder} fails to respond, its Quote {Proposal} shall be considered withdrawn, and no further consideration shall be given to it.

If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing, other than a disparity between the unit price and extended price and the Vendor’s {Bidder’s} intention is not readily discernible from other parts of the Quote {Proposal}, the Director may seek clarification from the Vendor {Bidder} to ascertain the true intent of the Quote {Proposal}.

1.4.8 JOINT Venture

If a joint venture is submitting a Quote {Proposal}, the agreement between the parties relating to such joint venture should be submitted with the joint venture’s Quote {Proposal}. Authorized signatories from each party comprising the joint venture must sign the Offer and Acceptance Page {Signatory Page}. Each party to the joint venture must individually comply with all the forms and certification requirements in Sections 4.4.1 and 4.4.2 of this Bid Solicitation {RFP}.

1.4.9 Reciprocity for Jurisdictional Vendor {Bidder} Preference

In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17:12-2.13, the State of New Jersey will invoke reciprocal action against an out-of-State Vendor {Bidder} whose state or locality maintains a preference practice for its Vendors {Bidders}. New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Purchasing Officials, or the National Institute of Governmental Purchasing to identify States having preference laws, regulations, or practices and to invoke reciprocal actions. The State may obtain additional information as it deems appropriate to supplement the stated survey information.

A Vendor {Bidder} may submit information related to preference practices enacted for a State or Local entity outside the State of New Jersey. This information may be submitted in writing as part of the Quote {Proposal} response, including name of the locality having the preference practice, as well as identification of the county and state, and should include a copy of the appropriate documentation, i.e., resolution, regulation, law, notice to Vendor {Bidder}, etc. It is the responsibility of the Vendor {Bidder} to provide documentation with the Quote {Proposal} or submit it to the Director within five (5) business days after the deadline for Quote {Proposal} submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote {Proposal} submission date may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.

1.4.10 QUOTE {PROPOSAL} ACCEPTANCES AND REJECTIONS

N.J.A.C. 17:12-2.7(d), the Director’s right to waive minor irregularities or omissions in a Quote {Proposal} and N.J.A.C. 17:12-2.2 which defines causes for Quote {Proposal} rejection, apply to all Quotes {Proposals}. In addition, pursuant to N.J.S.A. 52:34-12, the Director retains the right to reject all Quotes {Proposals} if it is in the public interest.

1.5 PRICE List and/or catalog pricing

The Vendor’s {Bidder's} signature on the Offer and Acceptance Page {Signatory Page} guarantees that prices set forth within the manufacturer's preprinted price lists and/or catalogs will govern until the manufacturer issues a new, revised price list. Vendors {Bidders} will be permitted to submit a revised manufacturer’s price list once during a twelve (12) month period for review and approval by the Procurement Bureau. Please refer to Section 3.11 of the Bid Solicitation {RFP}. By signing this Quote {Proposal}, the Vendor {Bidder} also acknowledges that any reference to conditions or provisions affecting the proposal pricing as entered for the Bid Solicitation {RFP} price lines, including, but not limited to, minimum orders, order threshold charges, service charges, price escalation clauses, and shipping point limitations, contained in the preprinted price lists, catalogs, and/or literature, is not a condition or provision of its Quote {Proposal} and will not be part of any Blanket PO {Contract} awarded as a result of this Bid Solicitation {RFP}.

2.0 DEFINITIONS

2.1 CROSSWALK

2.1.1 General Definitions

The following definitions will be part of any Blanket PO {Contract} awarded or order placed as a result of this Bid Solicitation {RFP}.

Definitions are listed by new NJSTART terminology; {existing terminology} appears in braces.

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

Bid or Bid Solicitation {RFP or Solicitation} – This series of documents, which establish the bidding and Blanket PO {Contract} requirements and solicits Quotes {Proposals} to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation {Request for Proposal}, State of NJ Standard Terms and Conditions (SSTC), price schedule, attachments, and Bid Amendments {Addenda}.

Bid Amendment {Addendum} – Written clarification or revision to this Bid Solicitation {RFP} issued by the Division of Purchase and Property. Bid Amendments {Addenda}, if any, will be issued prior to Quote {Proposal} opening.

Business Day - Any weekday, excluding Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Calendar Day – Any day, including Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Change Order {Contract Amendment} – An alteration or modification of the terms of a Blanket PO {Contract} between the State and the Vendor(s) {Contractor(s)}. A Change Order {Contract Amendment} is not effective until it is signed and approved in writing by the Director or Deputy Director, Division of Purchase and Property.

Cooperative Purchasing Program – The Division’s intrastate program that provides procurement-related assistance to New Jersey local governmental entities and boards of education, State and county colleges and other public entities having statutory authority to utilize select State Blanket POs {Contracts} issued by the Division, pursuant to the provisions of N.J.S.A. 52:25-16.1 et seq.

Days After Receipt of Order (ARO) - means the number of calendar days ‘After Receipt of Order’ in which the Using Agency will receive the ordered materials and/or services.

Director – Director, Division of Purchase and Property, Department of the Treasury. By statutory authority, the Director is the Chief Contracting Officer for the State of New Jersey.

Discount - Means the standard discount 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 {Proposals} submitted in response to this Bid Solicitation {RFP} and recommend a Blanket PO {Contract} award to the Director.

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

Master Blanket Purchase Order (Blanket PO) {Contract} – The Blanket PO {Contract} consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation {RFP}, the responsive Quote {Proposal} submitted by a responsible Vendor {Bidder} as accepted by the State, the notice of award, any Best and Final Offer, any subsequent written document memorializing the agreement, any modifications to any of these documents approved by the State and any attachments, Bid Amendment {Addenda} or other supporting documents, or post-award documents including Change Orders {Contract Amendments} agreed to by the State and the Vendor {Contractor}, in writing.

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

No Bid – The Vendor {Bidder} is not submitting a price Quote {Proposal} for an item on a price line.

No Charge – The Vendor {Bidder} will supply an item on a price line free of charge.

Procurement Bureau - The Division’s unit responsible for the preparation, advertisement, and issuance of Bid Solicitations {RFPs}, for the tabulation of Quotes {Proposals} and for recommending award(s) of Blanket PO(s) {Contract(s)} to the Director and the Deputy Director.

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

QRGs – Quick Reference Guides.

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

Revision – A response to a BAFO request or a requested clarification of the Vendors {Bidders} Quote {Proposal}.

Shall or Must – Denotes that which is a mandatory requirement. Failure to meet a mandatory material requirement will result in the rejection of a Quote {Proposal} as non-responsive.

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

Small Business – Pursuant to N.J.A.C. 17:13-1.2, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one of the three following categories: (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).

SSTC – New Jersey Standard Terms and Conditions.

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 {Contract Amendment}.

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 PO {Contract}, while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket PO {Contract}, including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Vendor {Contractor}.

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 PO {Contract} procured by the Division. This Blanket PO {Contract} may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation {RFP}. In addition, with the approval of the Director of the Division of Purchase and Property and the agreement of the Vendor {Contractor}, the Blanket PO {Contract} may be used by any Using Agency or quasi-governmental agency.

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

Vendor {Contractor} – The Vendor {Bidder} awarded a Blanket PO {Contract} resulting from this Bid Solicitation {RFP}.

2.3 BLANKET PO {contract}-specific definitions/ACRONYMS

ANSI – American National Standard Institute

ASTM – American Standards for Testing Materials

CSPC – Consumer Product Safety Commission

Equipment – For the purposes of this Bid Solicitation {RFP}, equipment refers to the categories of park and playground equipment specified in Section 3.1.

IPEMA – International Playground Equipment Manufacturers Association

OSHA – Occupational Safety and Health Act

3.0 COMMODITY DESCRIPTION/SCOPE OF WORK

Vendor {Contractor} must supply equipment only for the categories listed below. Please refer to Section 4.4.3.2.6 of the Bid Solicitation {RFP} for further information.

3.1 park and playground equipment Categories

The following is a list of the categories included in this Bid Solicitation {RFP}. Brands offered must only be for the categories. No other categories of park and playground equipment will be considered as part of this Bid Solicitation {RFP}. Any items covered under another Blanket PO {Contract} will not be awarded as part of this Bid Solicitation {RFP}.

NOTE: Installation is excluded from this Bid Solicitation {RFP}.

Any parts, components, equipment, controls or materials which are standard and/or necessary to form an efficient and complete working unit can be offered in the price list for the category bid. For example, if a Vendor {Contractor} offers an ADA ladder, but the deck anchors and bolts are included as a separate cost item on the price list, those items can be offered to form a complete working unit.

In addition, a Vendor {Contractor} can offer options specifically related to the category of equipment offered. For example, if a Vendor {Contractor} offers options such as step treads, side guards, anchors, etc. with its ADA ladder, those optional items will be acceptable and can be offered to Blanket PO {Contract} users. The State reserves the right to approve or reject any proposed options. Any options approved by the State, will be made part of the price list uploaded to the Division’s website.

Number of Awards per Brand per Region

This price line is for the payment of any freight/delivery charges associated with any of the equipment specified in price line items 1 through 48. Please refer to Section 4.4.5.4 of the Bid Solicitation {RFP}. Note: Vendors {Bidders} shall not bid on this price line.

3.1.1 This Bid Solicitation {RFP} covers the aforementioned categories of park and playground equipment. No other categories of park and playground equipment will be considered. Each category of park and playground equipment is represented by one price line item. One (1) award shall be made for each brand bid in each region.

3.1.2 The last price line (price line number 49) is for agency use only, and shall only be utilized for payment associated with freight/delivery charges for any of the park and playground equipment listed on the 48 price lines in Section 3.1 of the Bid Solicitation {RFP}. Price line item 49 will be awarded to all Vendors {Contractors} awarded any of price line items 1 through 48.

3.2 SAFETY STANDARDS, REGULATIONS AND GUIDELINES:

All contracted equipment shall meet the follow standards, regulations and guidelines, as applicable:

· All latest applicable Federal, State and local regulations, including New Jersey's Playground Safety and Barrier Free Access regulations, and ANSI (https://www.ansi.org/), OSHA (https://www.osha.gov/), CPSC (http://www.cpsc.gov/), IPEMA (http://www.ipema.org/) and ASTM Standards (http://www.astm.org/Standard/standards-and-publications.html), including but are not limited to the following:

· ASTM F963 – Standard Consumer Safety Specification for Toy Safety

· ASTM F1292-13 – Standard Specification for Impact Attenuation of Surfacing Materials Within Use Zone of Playground Equipment

· ASTM F1487-11 – Standard Consumer Safety Specification for Playground Equipment for Public Use.

· ASTM F1918 – Safety Performance Specification for Soft Contained Play Equipment

· ASTM F1951-14 – Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment

· ASTM F2075-15 - Standard Specification for Engineered Wood Fiber for Use as a Playground Safety Surface Under and Around Playground Equipment.

· ASTM F2479-12 – Standard Guide for Specification, Purchase, Installation and Maintenance of Poured-In-Place Playground Surfacing.

· ASTM F2223-15 - Standard Guide for ASTM Standards on Playground Surfacing.

· CPSC-325 - US Consumer Product Safety Commission Handbook for Playground Safety Test. US CFR Part 3, 36CFR Part 1191 - Americans with Disabilities Accessibility Guidelines: Play Areas - http://www.cpsc.gov//PageFiles/122149/325.pdf

· New Jersey Playground Safety Law - P.L. 1999, Chapter 50

· New Jersey Playground Safety Regulations - N.J.A.C. 5:23-1.1, 2.38 and 3.11 - http://www.state.nj.us/dca/divisions/dhcr/rec/playground_safety.html

· New Jersey Barrier Free Recreation Sub code - N.J.A.C Title 5 Uniform Construction Code, Barrier Free Subcode 5:23-7.15 through 5.23-7.19 and 5.23-7.20 through 5:23-7.21 as applicable to this Bid Solicitation {RFP} - http://www.state.nj.us/dca/divisions/codes/codreg/pdf_regs/njac_5_23_7.pdf NOTE: No park or playground equipment, surfaces or parts shall contain wood treated with Chromated Copper Arsenate (CCA).

3.3 regional jurisdiction

3.3.1 Each of the three regions - North, Central and South - is defined as follows. Vendors {Contractors} shall bid for one of the following region(s): North, Central, South, North and Central, Central and South, North and South, or Statewide (all three regions). Vendors {Contractors} must service all counties within the region bid. Any Quote {Proposal} for a part of a region - for a county or counties that do not cover the entire region - may be rejected.

3.3.2 If a manufacturer's list of areas covered under each region does not agree with the list in Section 3.3.1 of the Bid Solicitation {RFP}, the Vendor {Bidder} shall provide the manufacturer's list of areas covered under each region on a separate sheet. If requested, the vendor {bidder} shall provide manufacturer's certification listing all areas covered under each region. If deemed in the best interest of the State, the manufacturer's list of areas covered under each region may be adopted, for the brand bid, superseding the list of areas specified in Section 3.3.1 of the Bid Solicitation {RFP}.

3.4 Current Production Items:

Vendors {Contractors} must provide new, current production items.

Vendors {Contractors} are cautioned that surplus, seconds, factory rejects, closeout or distressed items are not acceptable and, if furnished, will be rejected. The delivery of substandard items may result in the cancellation of the Blanket PO {contract} in whole or in part, in accordance with SSTC Section 5.7b.

Vendors {Contractors} must guarantee that only the manufacturer's brands, as sold to the wholesale and retail trade, will be furnished. Failure to comply with this requirement of the Blanket PO {Contract} will be cause for termination of the Blanket PO {Contract} in whole or in part with the Vendor {Contractor} responsible for any and all additional costs incurred by the Using Agencies as a result of such termination.

3.5 GUARANTEE/WARRANTY:

The Vendor {Contractor} shall guarantee that the equipment and/or components supplied under the Blanket POs {Contracts} resulting from this Bid Solicitation {RFP} will be free from any defects and operate satisfactorily and in accordance with the guidelines of the manufacturer’s warranty from the date of acceptance by the Blanket PO {Contract} user. Vendor {Contractor} shall agree to replace free of charge any defective equipment and parts for one-year from the date of acceptance. The warranty shall include parts. Pro-rated warranty shall not be acceptable.

3.6 DELIVERY:

The Vendor {Contractor} shall negotiate freight charges with the Using Agency prior to the issuance of the purchase order. The negotiated delivery charge shall be noted on the order form and/or invoice. The Using Agency will utilize price line 49 for the payment of any freight/delivery charges.

Vendor {Contractor} deliveries for all items shall be made within the delivery timeframe noted on the price sheet and in strict accordance with the instructions from the Using Agency.

3.7 Packaging & Shipping

Packaging shall be such as to protect the items adequately and to ensure safe shipment.

Shipping cases shall be marked to show the name of the supplier, name and address of receiving agency and State purchase order number (if applicable).

3.8 SUBSTITUTION of discontinued products:

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

The Vendor {Contractor} must write to the Division’s assigned procurement specialist for T-0103 stating that an item has been discontinued by the manufacturer along with supporting documentation from that manufacturer that the item has been discontinued. The Vendor {Contractor} must provide in its letter the discontinued model number, model number of the new product being offered, detailed literature for the new product being offered, the price of the discontinued item and the price of the product being offered as a replacement. The State will not approve the substitution of a discontinued item without all of the above information.

The replacement product shall be offered to the State at that same price as the discontinued product.

3.9 Replacement of Unsatisfactory Product

In the event the equipment supplied is deemed unsatisfactory by the Using Agency, the Vendor {Contractor} shall immediately remove and replace the unsatisfactory unit(s), at no cost to the Using Agency. The replacement shall not exceed the delivery days ARO listed on the price sheet. Failure to comply may result in the unit(s) being removed from the Blanket PO {Contract} and similar units obtained from another Vendor {Contractor} with transportation costs assumed by the original Vendor {Contractor}.

3.10 CONTRACT IMPLEMENTATION (ORDERING PROCESS)

3.10.1 Blanket PO {Contract} users shall purchase park and playground equipment from that Vendor {Contractor} whose Blanket PO {Contract} terms and conditions are most advantageous, price and other factors considered. The Using Agency can consider any brand awarded under a category during the Blanket PO {Contract} selection process. The Vendor {Contractor} selection process must be documented and those documents must be maintained and provided to the Division’s CCAU Unit upon request.

3.10.2 All documentation of the Blanket PO {Contract} selection process shall be preserved and presented to CCAU auditors upon request. CCAU may conduct an audit of any Blanket PO {Contract} user's purchase transactions and documentation at any time during or after the Blanket PO {Contract}…