T0164 16DPP00043 RFP~1.doc

Bid Solicitation/Request for Proposal

Bid #: 16DPP00043

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: 09/29/16 Table of Contents

51.0 INFORMATION FOR VENDORS {BIDDERS}

51.1 PURPOSE AND INTENT

51.2 BACKGROUND

61.2.1 NOTABLE CHANGES SINCE THE LAST BID SOLICITATION {RFP} / BLANKET PO {CONTRACT} AWARD

61.3 Key Events

61.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD

71.3.2 SUBMISSION OF QUOTE {PROPOSAL}

71.3.3 NJSTART

71.3.4 ELECTRONIC SIGNATURES

81.3.5 MANDATORY/OPTIONAL SITE VISIT

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

81.3.7 PRE-QUOTE {PRE-PROPOSAL} DOCUMENT REVIEW

81.4 ADDITIONAL Information

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

81.4.2 VENDOR {BIDDER} Responsibility

81.4.3 COST Liability

91.4.4 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

111.4.8 JOINT Venture

111.4.9 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

122.2 General Definitions

152.3 BLANKET PO {contract}-specific definitions/ACRONYMS

163.0 COMMODITY DESCRIPTION/SCOPE OF WORK

163.1 GENERAL PRODUCT SPECIFICATIONS:

173.2 PRODUCT SPECIFICATIONS BY PRICE LINE

173.2.1 SPECIFICATIONS FOR DESTAINING DETERGENT FOR GENERAL dishwashing MACHINE USE WITHOUT METAL PROTECTION IN SOLID ENCAPSULATED or GRANULATED FORM (PRICE LINE 1)

173.2.2 specifications FOR LIQUID DESTAINING DETERGENT FOR GENERAL DISHWASHING MACHINE USE WITHOUT METAL PROTECTION (Price LINE 2)

193.2.3 specifications FOR METERED DISPENSED PRODUCT FOR MANUAL POT AND PAN CLEANING IN LIQUID FORM (PRICE line 3)

203.2.4 specifications for METERED DISPENSED RINSE ADDITIVE IN LIQUID FORM (Price line 4)

213.2.5 specifications for METERED DISPENSED ALL PURPOSE LIME SOLVENT FOR MECHANICAL (IN-PLACE) DELIMING IN LIQUID FORM (Price line 5)

223.2.6 eMERGENCY MAINTENANCE AND REPAIR SERVICES (PRICE LINE 6)

223.3 PACKAGING AND LABELING of all products

233.4 SECURITY MEASURES

233.5 AGENCY RESPONSIBILITY:

243.6 dispensing equipment and installation

243.6.1 general DISPENSER requirements

243.6.2 Detergent dispenser requirements

253.6.3 rinse agent injector

263.7 Performance Standards

263.8 maintenance service requirements

293.9 in-service training

293.10 USING AGENCY Locations

333.11 List of products under current blanket po {contract):

343.12 special delivery requirements by agency:

363.13 substitution of discontinued products

374.0 QUOTE {PROPOSAL} PREPARATION AND SUBMISSION

374.1 General

374.2 QUOTE {Proposal} Delivery and Identification

384.3 NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

384.3.1 NJSTART SUBMISSION OF QUOTE {PROPOSAL}

384.3.2 hard copy SUBMISSION

394.4 Quote {Proposal} Content

394.4.1 Forms, rEGISTRATIONS and CERTIFICATIONS required with QUOTE {PROPOSAL}

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

444.4.3 SUBmittals

464.4.5 PRICE schedule/SHEET

484.4.6 COOPERATIVE PURCHASING PROGRAM

495.0 SPECIAL CONTRACTUAL {BLANKET PO} TERMS AND CONDITIONS

495.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS

495.2 BLANKET PO {Contract} Term and Extension Option

495.2.1 fixed price with economic adjustment

505.3 BLANKET PO {Contract} Transition

505.4 CHANGE ORDER {Contract AMENDMENT}

505.5 Vendor {contractor} Responsibilities

515.6 Claims and Remedies

515.6.1 Claims

515.6.2 Remedies

515.6.3 Remedies for failure to comply with material Blanket PO {contract} requirements

515.7 Items Ordered and Delivered

515.8 MANUFACTURING/PACKAGING REQUIREMENTS

515.9 ELECTRONIC PAYMENTS

525.10 Substitution or Addition of SubCONTRACTOR(s)

525.11 Additional Work and/or Special PROJECTS

525.12 BLANKET PO {Contract} Activity Report

535.13 PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES

535.14 DISCLOSURE OF PRODUCT COMPOSITION

535.15 ACCESSIBILITY COMPLIANCE

535.16 News Releases

545.17 Advertising

556.0 QUOTE {PROPOSAL} EVALUATION

556.1 RIGHT TO WAIVE

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

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

556.4 STATE'S RIGHT TO REQUEST FURTHER INFORMATION

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

566.6 Evaluation Criteria

566.6.1 QUOTE {PROPOSAL} discrepancies

566.6.2 Evaluation of the QUOTES {proposals}

566.7 Negotiation and Best and Final Offer (BAFO)

576.8 “REQUEST FOR REVISION” WITHIN NJSTART

576.9 POOR PERFORMANCE

587.0 BLANKET PO {CONTRACT} AWARD

587.1 DOCUMENTS REQUIRED BEFORE BLANKET PO {CONTRACT} AWARD

587.1.1 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)

597.1.2 SOURCE DISCLOSURE REQUIREMENTS

597.1.3 Affirmative Action

597.1.4 BUSINESS REGISTRATION

597.2 FINAL BLANKET PO {CONTRACT} AWARD

597.3 INSURANCE CERTIFICATES

597.4 Performance SECURITY

608.0 BLANKET PO {CONTRACT} ADMINISTRATION

608.1 state CONTRACT MANAGER

608.1.1 state contract manager responsibilities

608.1.2 Coordination with the State Contract manager

61State 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 various State of New Jersey Departments and Using Agencies located throughout the State of New Jersey. The purpose of this Bid Solicitation {RFP} is to solicit Quotes {Proposals} for various dishwashing compound products, including dispensers and dispenser maintenance service, in accordance with Executive Order # 76 which requires the State of New Jersey to procure chemical products that are environmentally preferable. Please see Section 3.1G of this Bid Solicitation {RFP} for ingredients that are prohibited in the dishwashing compounds.

The intent of this Bid Solicitation {RFP} is to award Master Blanket Purchase Orders (Blanket POs) {Contracts} to those responsible Vendors {Bidders} whose Quotes {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 Blanket PO {Contract} term, when deemed by the Director to be in the State of New Jersey’s best interest.

Awards will be made in accordance with Sections 6.6 and 7.2 of this Bid Solicitation {RFP}.

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 Blanket PO {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

This is a reprocurement of the product/services provided under T0164, Dishwashing Compounds, Auto Machine Detergent with Dispensing and Maintenance Services term Blanket PO {Contract}, presently due to expire on November 15, 2016. Vendors {Bidders} interested in the current Blanket PO {Contract} specifications and pricing information may review the current Blanket PO {Contract} at http://www.state.nj.us/treasury/purchase/pricelists.shtml and are cautioned that the new Bid Solicitation {RFP} addresses current requirements.

The previous Blanket PO {Contract} expenditures for automatic dishwashing machine product types ordered by each individual Using Agency are identified in Section 3.11. This information is subject to change and must not be construed as a guarantee that the Using Agencies will utilize the product type(s) in the dollar amounts identified.

1.2.1 NOTABLE CHANGES SINCE THE LAST BID SOLICITATION {RFP} / BLANKET PO {CONTRACT} AWARD

This Bid Solicitation {RFP} has been revised since the last time this commodity was procured. Please thoroughly read the entire Bid Solicitation {RFP}, including all sub-sections.

Notable changes include, but are not limited to:

a. Price Line 00006, Pre-Measured, Powdered, Water-Soluble Pot and Pan Detergent Packets, which is under the current Blanket PO {Contract} has been removed and is not part of this Bid Solicitation {RFP}.

b. Price Lines will be awarded individually on a per line basis. There will be no Group awards.

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 or the Procurement Specialist 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 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 njstart@treas.nj.gov and/or (609) 341-3500.

The State will not respond to substantive questions related to the Bid Solicitation {RFP} or any other Blanket PO {Contract} questions/inquiries 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 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 {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 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} are still viewable on the “Summary” page of the Bid Solicitation {RFP} 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.

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

Not applicable to this Bid Solicitation {RFP}.

2.0 DEFINITIONS

2.1 CROSSWALK

2.2 General Definitions

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

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

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 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 {RFP}, 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.

Discounted Unit Cost – Means “Unit Cost” field multiplied by (100 percent minus the “Discount” field percentage).

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.

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.

Freight - Means Freight on Board (FOB) Destination.

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 {Addendum} 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 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}.

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 {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}.

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 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}.

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 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

AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

ASTM D501 - Standard methods of sampling and chemical analysis of alkaline detergents.

ASTM D460 - Standard methods for sampling and chemical analysis of soaps and soap products.

ASTM D820 - Standard test methods for chemical analysis of soaps containing synthetic detergents.

ASTM D1126 - Standard test method for hardness in water.

ASTM D2022 - Standard test methods for sampling and chemical analysis of chlorine containing bleaches.

ASTM E70 - Standard method of test for pH of aqueous solutions with a glass electrode.

DOT: Department of Transportation

FEDERAL STANDARDS

FED-STD-536A - Soap and soap products (including synthetic detergents); sampling and testing.

FEDERAL SPECIFICATION P-D-1800A - Dishwashing Compounds, Machine (Granular, Bead, or Flake).

FEDERAL SPECIFICATION P-D-1801 - Dishwashing Compounds, Liquid Systems (Commercial Dishwashing Machines).

Free Rinsing – Detergents that will rinse away very easily; no deposits or substrates are left after rinsing.

OSHA - Occupational Safety and Health Administration.

Solid and Encapsulated - Means that the detergent shall, upon initial opening, fill the packing container as a firm, compact, single piece and shall continue to exist as a firm piece as it erodes away during use. It shall be installed in the automated dispensing equipment, in its original packing container.

3.0 COMMODITY DESCRIPTION/SCOPE OF WORK

This Bid Solicitation {RFP} requires Vendors {Contractors} to provide the following:

· Solid/Encapsulated or Granulated as well as Liquid Machine Detergents along with dispensers and maintenance of dispensers for cleaning dishes as well as pots and pans.

· Additional products required include rinse additives and all-purpose liquid lime solvent for deliming.

3.1 GENERAL PRODUCT SPECIFICATIONS:

A. The dishwashing compounds shall leave no unpleasant residual odor in the finished goods when the products are used according to the manufacturer’s recommendations. Specifically, the dishes must be clean, free from food and detergent residue, and be sanitized.

B. All dishwashing compounds must contain:

· penetrating, sequestering and chelating agents to tie up calcium in hard water;

· defoaming agents; and

· wetting agents to aid in the removal of soiled dirt, food and stains.

C. All products offered must be of the free rinsing variety.

D. All products offered must provide satisfactory results when used in hard or soft water conditions. All products offered must contain enough water softening agents to successfully perform in the hard water.

E. All products offered shall not contain any compound listed as per Section 307, Toxic Effluent Standards of the Clean Water Act of 1977 (33 USC §1317).

F. All products offered shall be non-abrasive and non-corrosive to all parts of the dishwashing machine.

G. PROHIBITED COMPOUNDS – In accordance with Executive Order # 76, which requires the State of New Jersey to procure chemical products that are environmentally preferable, all products listed within this Bid Solicitation {RFP} shall not contain any of the following ingredients within their formulations:

· Alkyl phenol ethoxylate based surfactants (including nonylphenol, octylphenol, and their ethoxylates);

· Phosphates;

· heavy metals;

· ozone depleting compounds;

· aromatic solvents and halogenated solvents;

· EDTA (Ethylenediaminetetraacetic acid) and its salts; and

· NTA (nitrilotriacetic) and its salts.

3.2 PRODUCT SPECIFICATIONS BY PRICE LINE

3.2.1 SPECIFICATIONS FOR DESTAINING DETERGENT FOR GENERAL dishwashing MACHINE USE WITHOUT METAL PROTECTION IN SOLID ENCAPSULATED or GRANULATED FORM (PRICE LINE 1) A. The product is not intended for use on aluminum. All products offered shall be non-abrasive and non-corrosive to all parts of the dishwashing machine.

B. The product shall be designed for use with soft and hard water for the removal of food residue and coffee, tea, and other absorbed food stains from plastic, glass, china and tableware.

C. The product is for use in mechanical dishwashing machines of the spray type and shall be completely soluble at the typical temperature of commercial and industrial dishwashers.

E. The detergent shall be stable and shall not break down on standing. It shall have a shelf life of at least six (6) months without major changes in the formulation composition.

F. The product must also meet the following chemical analysis requirements:

1. PHOSPHATES – The phosphate target content shall be zero (0) percent (%) by weight, (P205) when tested in accordance with current Federal Specification P-D 1800A, Federal Test Method Standard No. 536A, and ASTM D-820, including any updates. Trace amounts of phosphates are permitted up to 0.5% by weight.

2. TOTAL ALKALINITY – The total alkalinity shall be a minimum of thirty (30) percent (%) by weight for the solid encapsulated or granulated, expressed as Na2O, when tested in accordance with the current Federal Specification P-D 1800A, including any updates.

3. SOAP – The compound shall show no evidence of soap when tested in accordance with current Federal Specification P-D 1800A, including any updates.

4. PERBORATE OXYGEN RELEASING COMPOUNDS – The compound shall not contain any active perborate oxygen releasing compounds.

5. TOXICITY – The ingredients used in formulating the compound shall not be contaminated with toxic amounts of poisonous compounds such as arsenic, lead, mercury, antimony, or other compounds having deleterious effects. The compound shall not contain more than 0.0001% (1 ppm) heavy metals expressed as lead.

6. pH REQUIREMENT – (1%) Aqueous solution: Requirement: A minimum of pH 11.0 and a maximum of pH 13.75, when tested in accordance with current Federal Specification P-D 1800A, and ASTM E-70, including any updates.

3.2.2 specifications FOR LIQUID DESTAINING DETERGENT FOR GENERAL DISHWASHING MACHINE USE WITHOUT METAL PROTECTION (Price LINE 2) A. This product is not intended for use on aluminum. All products offered shall be non-abrasive and non-corrosive to all parts of the dishwashing machine.

B. The product shall be designed for use with soft and hard water for the removal of food residue and coffee, tea, and other absorbed food stains from plastic, glass, china and tableware. The dishwashing and stain removing compound shall be non-abrasive.

C. The product is for use in mechanical dishwashing machines of the spray type and shall be completely soluble at the typical temperature of commercial and industrial dishwashers.

D. The product shall be a concentrated homogeneous free flowing solution at ordinary room temperature.

E. The product shall be stable and shall not break down on standing. It shall have a shelf life of at least six (6) months without deterioration changes in the formulation composition during the storage period.

F. SPECIAL PACKAGING NOTE FOR Four (4) One (1) GALLON LIQUID DETERGENT: When this particular line item liquid product is shipped in the four (4) one (1) gallon per case packaging option to a Using Agency, the one (1) gallon containers must be of a standard universal closed –loop type. This type of one (1) gallon container protects workers from spill hazards by utilizing a pre-inserted tube within the gallon containers going to the bottom of the containers and connected to the mating caps. The feature allows workers to simply attach the feeder tubing from the machine without opening the gallon containers or pouring from the gallon containers.

G. The product must also meet the following chemical analysis requirements:

1. PHOSPHATES – The phosphate target content shall be zero (0) percent (%) by weight, (P2O5), when tested in accordance with current Federal Specification P-D 1801, Federal Test Method Standard 536A, and ASTM D-820, including any updates. Trace amounts of phosphates are permitted up to 0.5% by weight.

2. TOTAL ALKALINITY – The total alkalinity shall not be less than fourteen (14) percent (%) by weight for the liquid expressed as Na2O, when tested in accordance with the current Federal Specification P-D 1801 and Federal Test Method Standard No. 536A, including any updates.

3. SOAP – The compound shall show no evidence of soap when tested in accordance with current Federal Specification P-D 1800A, including any updates.

4. TOTAL SOLIDS - When tested in compliance with Federal Specification P-D-1801 and Federal Test Method Standard No. 536A, the Total Solids content shall not be less than twenty-five (25) percent (%) and not more than fifty (50) percent (%) .

5. SPECIFIC GRAVITY - The Specific Gravity of this liquid concentrate item shall be recorded at a minimum of 1.2 g/mL at room temperature when tested according to Federal Specification P-D-1801 and Federal Test Method Standard No. 536A.

6. WATER CONDITIONING AGENTS – Sufficient water conditioning/chelating agents of one (1) percent (%) minimum must be added to this formulation in order to prevent detrimental precipitation in the presence of hard water. The finished product must not produce any type of precipitate in a standard test involving fifteen (15) grain hardness in accordance with ASTM D1126.

7. PERBORATE OXYGEN RELEASING COMPOUNDS – The compound shall not contain any active perborate oxygen releasing compounds.

8. TOXICITY – The ingredients used in formulating the compound shall not be contaminated with toxic amounts of poisonous compounds such as arsenic, lead, mercury, antimony, or other compounds having deleterious effects. The compound shall not contain more than 0.0001% (1 ppm) heavy metals expressed as lead.

9. pH REQUIREMENT – (1%) Aqueous solution: A minimum of pH 11.0 and a maximum of pH 13.75 shall be recorded when tested in accordance with current Federal Specification P-D 1801, and ASTM E-70, including any updates.

3.2.3 specifications FOR METERED DISPENSED PRODUCT FOR MANUAL POT AND PAN CLEANING IN LIQUID FORM (PRICE line 3) A. The product shall be a non-abrasive cleaning agent for the manual cleaning of pots and pans, glassware, dishes, flatware and related utensils, and laboratory glassware.

B. The product shall be a concentrated homogenous free flowing liquid at ordinary room temperature.

C. The product shall contain biodegradable surfactants, detergent wetting agent(s), builder(s) and organic water conditioner(s).

D. The product shall be mild to the hands if hands are not protected by gloves.

E. The product furnished must also meet the following chemical analysis requirements:

1. PHOSPHATES – The phosphate target content shall be zero (0) percent (%) by weight, (P205) when tested in accordance with current Federal Specification P-D 1801, Federal Test Method Standard No. 536A, and ASTM D-820, including any updates. Trace amounts of phosphates are permitted up to 0.5% by weight.

2. SOAP – The compound shall show no evidence of soap when tested in accordance with current Federal Specification P-D 1801, including any updates.

3. REACTION TO METALS – The detergent shall meet the requirements below when tested in accordance with current ASTM D-3565 test procedures for chinaware including any updates.

Note: Metal is correlated to the same test method as chinaware with the same test parameters, but different materials (metal). All tests shall be one at 0.3% concentration at 160o F. These tests indicate a degree of safety on metals used in food handling equipment, utensils and dishwashing machines. Products so tested shall not exceed weight loss values as indicated, and shall show typical appearance after test as noted below.

Maximum

Wt. Loss

4. TOXICITY – The ingredients used in formulating the compound shall not be contaminated with toxic amounts of poisonous compounds such as arsenic, lead mercury, antimony, or other compounds having deleterious effects. The compound shall not contain more than 0.0001% (1 ppm) heavy metals, expressed as lead.

5. TOTAL SURFACTANT CONTENT - The total surfactant content of the formulation for this finished product…