T0118 Sporting Goods - METHOD OF OPERATION.docx

METHOD OF OPERATION

T0118 Sporting Goods – Statewide Bid Solicitation #23DPP00903 Effective Dates: 05/06/2025 through 05/05/2028, with the possibility of up to three (3) one-year extensions, with no single extension exceeding one year.

BACKGROUND:

The State of New Jersey Division of Purchase and Property awarded a Contract to the Contractor listed below which provides sporting goods and equipment to State Using Agencies and Cooperative Purchasing Program participants.

For Categories 16 and 18, the State awarded a Statewide Contract to the sole responsive bidder whose quote satisfied the category definitions and all requirements specified in the Bid Solicitation.

For a complete list of brands awarded by category for Fitness LifeStyles, please refer to the section below titled “Award Summary”.

CONTRACT METHOD OF OPERATION:

Using Agency shall initiate a Contract purchase on an as-needed basis by preparing clear and unambiguous requirements for the goods and/or services to be ordered, based solely upon the Using Agency’s needs.

DELIVERY REQUIREMENTS:

The Contractor shall deliver products to Using Agencies on an as-needed, as-ordered basis. The Contractor shall make arrangements for delivery of products upon receipt of a purchase order. All products must be delivered in accordance with the Contractor’s delivery schedule and in strict accordance with the instructions from the Using Agency. Prices for items in Quotes shall be submitted Freight on Board (F.O.B.) Destination.

All deliveries must be made as instructed by the Using Agency, during working hours, except on legal holidays.

Contractors shall follow all special delivery instructions as required by Using Agencies to comply with Using Agency operations. Any special delivery instructions will be listed in the purchase order.

Deliveries shall not be made on the following State observed holidays, which may be updated from time to time:

· New Year’s Day;

· Martin Luther King Jr. Day;

· Presidents Day;

· Good Friday;

· Memorial Day;

· Juneteenth;

· Independence Day;

· Labor Day;

· Columbus Day;

· Election Day;

· Veterans Day;

· Thanksgiving Day; and

· Christmas Day.

Using Agencies may specify alternate delivery sites and /or hours, when necessary.

The Using Agencies will have the option of picking up the material at the Contractor’s location during routine or emergency orders.

The Contractor shall package and protect all material so that they are delivered to the Using Agency in a first-class, undamaged condition. The State reserves the right to reject any material which is damaged or delivered or received in an otherwise unacceptable condition. Any charges incurred due to damaged materials shall be the responsibility of the Contractor.

The State will order any quantity necessary to meet its requirements. No guarantee is made by the State to purchase any amount of product from any Contractor. The State guarantees neither minimum, nor average, nor maximum quantities per order, nor total quantity during the Contract term, including any extension(s) thereof.

REPLACEMENT OF UNSATISFACTORY PRODUCT:

In the event the product delivered does not meet the approved product specifications or is damaged prior to or at the time of delivery, as determined by the Using Agency, the Contractor shall immediately remove and replace the unsatisfactory product, at no cost to the Using Agency. The timeframe for the replacement shall not exceed the delivery days ARO listed on the State-Supplied Price Sheet. Failure to comply may result in the product being removed from the Contract and a similar product obtained from another Contractor with any additional costs assumed by the original Contractor.

CURRENT PRODUCTION ITEMS:

Contractors must provide new and current production items. Surplus, seconds, factory rejects, closeouts, refurbished or distressed items are not acceptable and, if provided, will be rejected. Failure to comply with this requirement may be cause for termination of the Contract, in whole or in part, with the Contractor responsible for any and all additional costs incurred by the Using Agencies as a result of such termination, including but not limited to the cost of purchasing a similar item from another Vendor.

MANUALS AND INSTRUCTIONS:

Upon request, the Contractor must supply any shop repair manuals, parts manuals, service manuals and/or operator’s manuals at no additional cost. Any instructions for the installation or operation of the item must be provided, where applicable.

GUARANTEE/WARRANTY:

The Contractor shall guarantee that the equipment and/or components supplied 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 Using Agency. All products furnished must be new and in the manufacturer’s original standard package. Products provided shall be guaranteed against faulty material and workmanship in accordance with the manufacturer’s standard warranty. Any faulty product or item must be replaced by the Contractor at no cost.

All products shall carry the manufacturer's standard warranty. The warranty statement/document shall be included with each product delivery.

If any product fails to perform satisfactorily within the warranty period, it shall be replaced with the same make and model at no additional cost to the Using Agency.

EMERGENCY DELIVERIES (PRICE LINE 23):

In addition to routine delivery requirements, Using Agencies may have emergencies requiring expedited delivery. The Using Agency will be responsible for any costs associated with expedited delivery. For emergency orders, the Contractor shall provide delivery within forty-eight (48) hours.

An Agency-Use Price Line (Price Line 23) will be added to all Contracts to allow for the Using Agency payment of these expedited delivery charges.

RETURN SHIPPING CHARGES AND RESTOCKING FEES (PRICE LINE 24)

The Contractor may charge a restocking fee for products ordered in error by the Using Agency and returned by the Using Agency. Return shipping fees will be at the Using Agency expense for products ordered in error.

An Agency-Use Price Line (Price Line 24) will be added to all Contracts to allow for the Using Agency payment of these restocking fees and return shipping charges.

AWARD SUMMARY:

Promaxima

True Fitness

York Barbell

Troy Barbell

Cap Barbell

Bodycraft

Prism Fitness

TRX

Body Solid

Promaxima

True Fitness

Bodycraft

Octane Fitness

Cascade

Echelon

BLUE GOJI-EXPRESSO

LANDICE

Body Solid