T0210 16DPP00018 Revised RFP 8.15.16.doc

Bid Solicitation {Request for Proposal} Bid Solicitation #: 16DPP00018

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

Mandatory/Optional Pre-Proposal Conference

(Refer to Bid Solicitation {RFP} Section1.3.6 for more information.)

Not Applicable

Mandatory/Optional Site Visit

(Refer to Bid Solicitation {RFP} Section 1.3.5 for more information.)

Not Applicable

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 Amendment {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 Blanket PO {Contract}

FORMCHECKBOX

Partial Blanket PO {Contract}

FORMCHECKBOX

Subcontracting Only Category

FORMCHECKBOX

I

FORMCHECKBOX

II

FORMCHECKBOX

III

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

New Jersey Department of Transportation Department of the Treasury

New Jersey Department of Corrections Division of Purchase and Property

Cooperative Purchasing Members Trenton, New Jersey 08625‑0230 Date: August 15, 2016 Table of Contents

71.0 INFORMATION FOR VENDORS {BIDDERS}

71.1 PURPOSE AND INTENT

91.2 BACKGROUND

91.3 Key Events

91.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD

101.3.2 SUBMISSION OF QUOTE {PROPOSAL}

111.3.4 ELECTRONIC SIGNATURES

111.3.5 MANDATORY/OPTIONAL SITE VISIT

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

121.3.7 PRE-QUOTE {PRE-PROPOSAL} DOCUMENT REVIEW

121.4 ADDITIONAL Information

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

121.4.2 VENDOR {BIDDER} Responsibility

121.4.3 COST Liability

121.4.4 CONTENTS of QUOTE {Proposal}

131.4.5 ANNOUNCEMENT OF QUOTE {PROPOSAL} INFORMATION

131.4.6 PRICE Alteration In Hard copy QUOTES {proposals}

131.4.7 QUOTE {proposal} ERRORS

151.4.8 JOINT Venture

151.4.9 Reciprocity for Jurisdictional Vendor {Bidder} Preference

151.4.10 QUOTE {PROPOSAL} ACCEPTANCES AND REJECTIONS

151.5 PRICE List and/or catalog pricing

162.0 DEFINITIONS

162.1 CROSSWALK

162.1.1 General Definitions

192.2 BLANKET PO {contract}-specific definitions/ACRONYMS

192.2.1 RETROREFLECTIVE SHEETING TYPES

253.0 COMMODITY DESCRIPTION/SCOPE OF WORK

253.1 GENERAL REQUIREMENTS

253.1.1 Retro-reflectance tYPE 1 THRU tYPE vi

253.1.2 SPECIFICATIONS FOR RETRO-REFLECTANCE SHEETING TYPES

263.1.3 color

263.1.4 SPECULAR GLOSS

273.1.5 ACCELERATED WEATHERING

273.1.6 COLORFASTNESS

273.1.7 ADHESION

273.1.8 Flexibility

283.1.9 SHRINKAGE

283.1.10 STORAGE

283.2 SAMPLING AND TESTING

283.3 GENERAL CHARACTERISTICS AND PACKAGING

293.4 NJDOT Specification 106.04 MATERIALS QUESTIONNAIRE

293.5 SPECIFICATIONS FOR THERMOPLASTIC PAVEMENT MARKINGS

293.5.1 THERMOPLASTIC

303.5.2 SPECIFICATIONS FOR PAVEMENT REFLECTORS AND CASTINGS

303.5.3 PAVEMENT REFLECTORS AND CASTINGS

333.6 BACKING CLASSES

333.6.1 class 1

333.6.2 CLASS 2

333.6.3 CLASS 3

333.6.4 CLASS 4

343.6.5 CLASS 5

343.7 DELIVERIES:

343.8 PRODUCT SUBSTITUTIONS

364.0 QUOTE {PROPOSAL} PREPARATION AND SUBMISSION

364.1 General

374.2 QUOTE {Proposal} Delivery and Identification

374.3 NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

374.3.1 NJSTART SUBMISSION OF QUOTE {PROPOSAL}

374.3.2 hard copy SUBMISSION

384.4 quote {Proposal} Content

384.4.1 Forms, rEGISTRATIONS and CERTIFICATIONS required with Proposal

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

434.4.3 SUBMITTALS

454.4.5 PRICE schedule/SHEET

464.4.6 COOPERATIVE PURCHASING PROGRAM

474.4.7 Method of Bidding or Price Sheeting Instruction

495.0 SPECIAL BLANKET PO {CONTRACTUAL} TERMS AND CONDITIONS

495.1 PRECEDENCE OF SPECIAL BLANKET PO {CONTRACTUAL} TERMS AND CONDITIONS

495.2 BLANKET PO {Contract} Term and Extension Option

505.3 BLANKET PO {Contract} Transition

505.4 CHANGE ORDER {Contract AMENDMENT}

505.5 Vendor {contractor} Responsibilities

505.6 Claims and Remedies

505.6.1 Claims

505.6.2 Remedies

505.6.3 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

515.10 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

545.15 ACCESSIBILITY COMPLIANCE

545.16 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

597.0 BLANKET PO {CONTRACT} AWARD

597.1 DOCUMENTS REQUIRED BEFORE BLANKET PO {CONTRACT AWARD}

597.1.1 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)

607.1.2 SOURCE DISCLOSURE REQUIREMENTS

607.1.3 Affirmative Action

607.1.4 BUSINESS REGISTRATION

607.2 FINAL BLANKET PO {CONTRACT} AWARD

617.3 INSURANCE CERTIFICATES

617.4 Performance SECURITY

628.0 BLANKET PO {CONTRACT} ADMINISTRATION

628.1 state CONTRACT MANAGER

628.1.1 state contract manager responsibilities

628.1.2 Coordination with the State Contract manager

63State of New Jersey Standard Terms and Conditions

1.0 INFORMATION FOR VENDORS {BIDDERS}

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 New Jersey Department of Transportation (NJDOT) and the New Jersey Department of Corrections (NJDOC). The purpose of this Bid Solicitation {RFP} is to solicit quotes {proposals} for Sheeting Reflective.

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 Master Blanket Purchase Orders (Blanket POs) {Contracts} during the Blanket POs {Contracts} term, when deemed by the Director to be in the State of New Jersey’s (State) best interest.

The following is a list of price line items that will be awarded as a group to a single Vendor {Bidder}. Vendors {Bidders} must bid all line items within each group in order to be considered for an award for that group. Failure to do so will result in the price lines for that section/group ONLY will be consider non responsive and not eligible for award.

· Group 1 – Price Lines 1, 2, 3 & 4

· Group 2 – Price Lines 5 & 6

· Group 3 – Price Lines 7 & 8

· Group 4 – Price Lines 9, 10 & 11

· Group 5 – Price Lines 12, 13 & 14

· Group 6 – Price Lines 15, 16 & 17

· Group 7 – Price Lines 18, 19 & 20

· Group 8 – Price Lines 21, 22 & 23

· Group 9 – Price Lines 24, 25, 26 & 27

· Group 10 – Price Lines 28 & 29

· Group 11 – Price Lines 30, 31 & 32

· Group 12 – Price Lines 33, 34 & 35

· Group 13 – Price Lines 36, 37 & 38

· Group 14 – Price Lines 39, 40 & 41

· Group 15 – Price Line 42

· Group 16 – Price Lines 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 & 54

· Group 17 – Price Lines 55 & 56

· Group 18 – Price Lines 57 & 58

· Group 19 – Price Lines 59 & 60

· Group 20 – Price Line 61

· Group 21 – Price Line 62

· Group 22 – Price Line 63

· Group 23 – Price Lines 64 & 65

· Group 24 – Price Line 66

· Group 25 – Price Lines 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84 & 85

· Group 26 – Price Lines 86, 87, 88, 89, 90, 91 & 92

· Group 27 – Price Lines 93, 94 & 95

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

This is a reprocurement of the product/services provided under the Sheeting Reflective term contract, presently due to expire on April 30, 2016. Venodrs {Bidders} interested in the current Blanket PO {Contract} specifications and pricing information may review the current Blanket PO {Contract} T0210 at http://www.state.nj.us/treasury/purchase/pricelists.shtml and are cautioned that the new Bid Soliciation {RFP} addresses current requirements.

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 {RFP} in NJSTART after the cut-off date. (See Bid Solicitation {RFP} Section 1.4.1 for further information.)

c.

d.

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

PROCUREMENT BUREAU

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.

1.3.4 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 Quote Bid Solicitation {RFP}.

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

Not applicable to this Quote Bid Solicitation {RFP}.

1.3.7 PRE-QUOTE {PRE-PROPOSAL} DOCUMENT REVIEW

Not applicable to this Quote 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 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}. If the Vendor {Bidder} inadvertently completes the “Discount” field and the “Unit Cost” field, the Discounted Unit Cost will prevail.

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

2.1.1 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 – a 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 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.

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 {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 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).

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}.

2.2 BLANKET PO {contract}-specific definitions/ACRONYMS

Reflective Sheeting/Retro-Reflective Sheeting Definitons - The terms reflective sheeting and retro-reflective sheeting are synonymous. Retro-reflective sheeting, Types I thru VI, shall be silver, white, or colored, flexible, weather resistant material, and shall have a smooth, uniform retro-reflective outer surface.

Retro-reflective Sheeting, Type VIII or Type IX shall consist of a white or colored sheeting having a smooth outer surface and that essentially has the property of a retroreflector over its entire surface.

Retroflection - Retro-reflection is defined as the reflection in which radiation is returned in directions close to the direction from which it came; this property being maintained over wide variations of the direction of the incident radiation.

Retro-Reflective Element - One optical unit which by refraction or reflection or both, produces the phenomenon of retro-reflection.

Retro-Reflective Sheeting - A preassembled thin film that consists of a continuous layer of small retro-reflective elements close to the transparent surface.

Entrance Angle - An entrance angle is the angle between the reference axis of the retroreflector and the axis of the incident light (illumination axis).

Observation Angle - An observation angle is the angle between the observation axis and the axis of the incident light.

2.2.1 RETROREFLECTIVE SHEETING TYPES

Type I: A retroreflective sheeting referred as “engineering grade” retroreflective sheeting that is typically an enclosed lens glass-bead sheeting. It shall meet all requirements in ASTM D4956 Specification for Type I. New sheeting shall meet the minimum reflectance requirements of Table 2.2.1.1.

Type II: A retroreflective sheeting referred as “super engineer grade” retroreflective sheeting that is typically manufactured as an enclosed lens glass bead retroreflective material. It shall meet all requirements in ASTM D4956 Specification for Type III. New sheeting shall meet the minimum reflectance requirements of Table 2.2.1.2.

Type III: A retroreflective sheeting referred as “high intensity” retroreflective sheeting that is typically manufactured as an encapsulated glass bead retroreflective material or as an unmetalized microprismatic retroreflective element material. It shall meet all requirements in ASTM D4956 Specification for Type III. New sheeting shall meet the minimum reflectance requirements of Table 2.2.1.3.

Type IV: A retroreflective sheeting referred as “high intensity” retroreflective sheeting that is typically an unmetalized microprismatic retroreflective element material. It shall meet all requirements in ASTM D4956 Specification for Type IV. New sheeting shall meet the minimum reflectance requirements of Table 2.2.1.4.

Type VI: Retro-reflective sheeting shall consist of wide-angle prismatic sheeting. Sheeting shall be installed according to the manufacturer's recommendation. Sheeting requiring directional orientation must have datum marks visible from the face. The sheeting shall be pre-coated with pressure sensitive adhesive backing protected by a removable liner. It shall conform to the retro-reflectance requirements of Table 2.2.1.5..

Type VIII: A retroreflective sheeting referred typically manufactured as unmetalized cube corner microprismatic retroreflective element material. It shall meet all requirements in ASTM D4956 Specification for Type VIII. New sheeting shall meet the minimum reflectance requirements of Table 2.2.1.6.

Type IX: A retroreflective sheeting typically manufactured as unmetalized cube corner microprismatic retroreflective element material. It shall meet all requirements in ASTM D4956 Specification for Type IX. New sheeting shall meet the minimum reflectance requirements of Table 2.2.1.7.

Type XI: A retroreflective sheeting typically manufactured as unmetalized cube corner microprismatic retroreflective element material. It shall meet all requirements in ASTM D4956 Specification for Type XI. New sheeting shall meet the minimum reflectance requirements of Table 2.2.1.8.

Table 2.2.1.1 - Min. Coefficient of Retroreflection (RA) cd/fc/ft2 for Type I Sheeting per ASTM D4956

Table 2.2.1.2 - Min. Coefficient of Retroreflection (RA) cd/fc/ft2 for Type II Sheeting per ASTM D4956

Table 2.2.1.3 - Min. Coefficient of Retroreflection (RA) cd/fc/ft2 for Type III Sheeting per ASTM D4956

Table 2.2.1.4 - Min. Coefficient of Retroreflection (RA) cd/fc/ft2 for Type IV Sheeting per ASTM D4956

Table 2.2.1.5 – Min. Coefficient of Retroreflection (RA) cd/fc/ft2 for Type VI Sheeting per ASTM D4956

Table 2.2.1.6 - – Min. Coefficient of Retroreflection (RA) cd/fc/ft2 for Type VIII Sheeting per ASTM D4956

Table 2.2.1.7 - – Min. Coefficient of Retroreflection (RA) cd/fc/ft2 for Type IX Sheeting per ASTM D4956

Table 2.2.1.8 - Min. Coefficient of Retroreflection (RA) cd/fc/ft2 for Type XI Sheeting per ASTM D4956

3.0 COMMODITY DESCRIPTION/SCOPE OF WORK

3.1 GENERAL REQUIREMENTS

3.1.1 Retro-reflectance tYPE 1 THRU tYPE vi

As stated herein, the terms reflective sheeting and retroreflective sheeting are synonyms. Retroreflective sheeting shall conform to requirements of ASTM D4956 based upon results obtained and reported through testing performed by the National Transportation Product Evaluation Program (NTPEP). Retroreflective sheeting shall be from the NJDOT Bureau of Materials approved product lists.

1. General Requirements

a. Retro-reflectance – The coefficient of retro-reflection (RA) of all retroreflective sheeting shall meet or exceed the minimum requirements for the appropriate type of sheeting in conformance with the current version of ASTM D4956.

b. Color – The color of the retroreflective sheeting shall conform to the color requirements of the current version of ASTM D4956.

c. Product Performance Life Service Requirements – The retroreflective sheeting manufacturer shall meet the following product performance service life requirements for their products:

3.1.2 SPECIFICATIONS FOR RETRO-REFLECTANCE SHEETING TYPES

Retroreflective sheeting shall meet the minimum performance requirements in the current version of ASTM D4956 standard specifications for each type of retroreflective sheeting.

1. Performance Requirements (refer to ASTM D4956)

a. Minimum Coefficient of Retroreflection;

b. Daytime Color;

c. Accelerated Outdoor Weathering Requirement (Outdoor weathering photometric requirements for all sheeting types are specified in the following table);

d. Colorfastness;

e. Shrinkage;

f. Flexibility;

g. Liner Removal;

h. Adhesion;

i. Impact Resistance; and

j. Nighttime Color.

Outdoor Weather Photometric Requirements for All Climates

Retroflection, RA

Outdoor Weather Photometric Requirements for All Climates continued

Retroflection, RA

A When sheeting is specified in construction work zone applications, the outdoor weathering shall be 12 months.

Sheeting materials will be tested per test methods specified in the ASTM D4956 standard specification for the above specification requirements.

The retroreflective sheeting, as supplied, shall be of good appearance, free from ragged edges and cracks, and be suitable for use for a minimum period of one year.

3.1.3 color

The colors of the retro-reflective sheeting, except for Type IV-BN shall be designated according to the MUTCD Section 2a- 11 http://mutcd.fhwa.dot.gov/kno-overview.htm. Colors shall conform to the AASHTO manual for signing and pavement marking of the national system of interstate and defense highways http://www.transportation.org/Pages/Organization.aspx. Colors shall be visually determined according to ASTM D 1535 by comparison with the FHWA Interstate Highway Color Tolerance Charts using the Munsell notations http://www.fhwa.dot.gov/about/. When directed by the engineer, the manufacturer shall provide results of the instrumental test using color coordinates as described in AASHTO-M-268.

The daytime fluorescent orange color of the Type IV-B retroflective sheeting shall be determined according to ASTM E 991. The nighttime fluorescent orange color shall be determined according to ASTM E 811.

In addition, the color shall be equally distinguishable in daylight and at night under artificial headlight lumination. The color shall have a consistent chromaticity across all signs of the same color. Noticeable deviation from the shades that would affect the required performance shall be a cause for rejection of any sheeting or completed sign at any time before acceptance. For Type VI sheeting that is directional, the datum mark (arrow) imprinted on the face of the sheeting shall be the datum mark for test purposes.

3.1.4 SPECULAR GLOSS

The retro-reflective sheeting shall have an 85 degree specular gloss of not less than 40 for Type I sheeting and not less than 50 for Types II thru VI when tested in accordance with ASTM D 523.

The test results/analysis shall be provided by the manufacturer in accordance with Section 3.5 of this Bid {RFP}.

3.1.5 ACCELERATED WEATHERING

When processed and applied in accordance with the recommended procedures, the reflective material shall be weather resistant and, following cleaning, shall show no appreciable discoloration, cracking, scaling, crazing, blistering, edge lifting, curling or dimensional change. The sheeting shall be certified by the manufacturer to retain not less than the percent of the minimum coefficient of retro-reflection specified in table 916-8, when exposed to xenon arc weatherometer in accordance with ASTM G 23, Type E or EH weatherometer with the humidifier off, or for Type IV-B, ASTM G 26, Type B, method A.

The test results/analysis shall be provided by the manufacturer in accordance with Section 3.5 of this Bid Solicitation {RFP}.

3.1.6 COLORFASTNESS

One of the accelerated weathered specimens shall be tested for colorfastness. The specimen shall be wetted with a mild detergent and water solution and then compared with a similarly tested unexposed specimen under natural sky (north sky) daylight or artificial light having a color temperature of 7,500 K.

The colorfastness shall be evaluated as follows:

a. Excellent: No appreciable change in color.

b. Good: Perceptible but no appreciable change in color.

c. Fair: Appreciable change in color.

Appreciable change in color is defined as the change that is immediately noticeable in comparison with the exposed…