T0576 Bid Solicitation 041218~1.docx

Bid Solicitation/Request for Proposal

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

Mandatory Pre-Quote {Proposal} Submission Conference (Refer to Bid Solicitation {RFP} Section 1.3.5 for more information.)

Mandatory Site Visit (Refer to Bid Solicitation {RFP} Section 1.3.4 for more information.)

N/A

N/A

Quote {Proposal} Submission Date (Refer to Bid Solicitation {RFP} Section 1.3.2 for more information.)

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

Small Business Set-Aside Status ☐ Not Applicable

☐ Entire Blanket P.O. {Contract}

☐ Partial Blanket P.O. {Contract}

☒ Subcontracting Only Category

☒ I ☐ IV

☒ II ☐ V

☒ III ☐ VI

Bid Solicitation {RFP} Issued By Using Agency/Agencies

Division of Purchase and Property Trenton, New Jersey 086250230

Date: April 12, 2018 Table of Contents

Bid-Specific Documents/Attachments/Appendices:

· Attachment 1 – State House Complex Procedure for Background Checks,

· Price Schedule;

· Offer & Acceptance Page;

· Vendor {Bidder} Quote {Proposal} Overview Form;

· Vendor {Bidder} Data Sheet; and

· Vendor {Bidder} Checklist.

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), before preparing and submitting its Quote {Proposal}.

NJSTART terminology is used in this document; legacy term appears in braces; thus: NJSTART term {legacy term}.

PURPOSE AND INTENT

This Bid Solicitation {RFP} is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of State Using Agencies. The purpose of this Bid Solicitation {RFP} is to solicit Quotes {Proposals} for Statewide Fire Extinguisher Maintenance.

The intent of this Bid Solicitation {RFP} is to award one (1) Master Blanket Purchase Order (Blanket P.O.) {Contract} to that responsible Vendor {Bidder} whose Quote {Proposal}, conforming to this Bid Solicitation {RFP} is most advantageous to the State, price and other factors considered. The State may award any and all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket P.O. {Contract} during the Blanket P.O. {Contract} term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.

The State of NJ Standard Terms and Conditions (SSTC) accompanying this Bid Solicitation {RFP} will apply to all Blanket P.O.s {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 of New Jersey (State) intends to extend the Blanket P.O. {Contract} awarded to the Division's Cooperative Purchasing Program participants. These participants include quasi-State entities, 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 P.O. {Contract} to be extended to Cooperative Purchasing Program participants, the Vendor {Bidder} must agree to the extension by executing the Cooperative Purchase Form. Also refer to Section 4.4.6 of this Bid Solicitation {RFP}. Although the State, with the consent of the Vendor(s) {Bidder(s)}, is making the use of any Blanket P.O. {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.

BACKGROUND

This is a reprocurement of similar services provided under Fire Extinguisher Maintenance Statewide, presently due to expire on May 31, 2018. Vendors {Bidders} interested in the current Blanket P.O. {Contract} specifications and pricing information may review the current Blanket P.O. {Contract} T0576 at www.njstart.gov by following these steps:

Go to: www.njstart.gov Select “Contract & Bid Search” Select “Contracts/Blankets” Under “Contract/Blanket Description” type in T0576, Click “Find It” The current Blanket P.O. {Contract} will appear under “Results”.

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

REGIONS

For the purposes of billing and payment under the Blanket P.O. {Contract} resulting from this Bid Solicitation {RFP}, the State has been divided into the following three (3) regions*:

Warren County

Ocean County

Salem County

*Reference Bid Solicitation {RFP} Section 3.3, Billing and Payment, for additional information.

KEY EVENTS

ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Vendors {Bidders} via the “Q&A” Tab of the Bid Solicitation {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} shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation {RFP}, prior to the final award of the Blanket P.O. {Contract}.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation {RFP} is indicated on the Bid Solicitation {RFP} cover sheet. 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 P.O. {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.)

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

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

SUBMISSION OF QUOTES {PROPOSALS}

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.

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

IF THE QUOTE {PROPOSAL} OPENING DEADLINE HAS BEEN REVISED, THE NEW QUOTE {PROPOSAL} OPENING DEADLINE SHALL BE SHOWN ON THE POSTED BID AMENDMENT {ADDENDUM} AND ON THE “SUMMARY” TAB OF THE BID SOLICITATION WEBPAGE WITHIN NJSTART.

Procedural inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov and/or (609) 341-3500.

The State will not respond to substantive questions related to the Bid Solicitation {RFP} or any other Blanket P.O. {Contract} via this e-mail address or phone number. For inquiries related to substantive questions refer to Section 1.3.1 (Electronic Question and Answer Period).

VENDOR {BIDDER} SUPPORT

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

The Vendor {Bidder} should utilize the QRGs before attempting to submit its Quote {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.

MANDATORY SITE VISIT

Not applicable to this procurement.

MANDATORY PRE-QUOTE {PROPOSAL} CONFERENCE

Not applicable to this procurement.

PRE-QUOTE {PROPOSAL} DOCUMENT REVIEW

Not applicable to this procurement.

ADDITIONAL INFORMATION

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 P.O. {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 bid holder list either through commodity code registration in NJSTART or by acknowledging the bid in NJSTART should receive notification of any Bid Amendment(s) {Addenda}. If a Vendor {Bidder} is not on the bid holder 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 instructions. QRGs are located on the NJSTART Vendor Support Page.

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all Bid Amendments {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.

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}.

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}.

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-1.1 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 exempt 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 a notice of intent to award a Blanket P.O. {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.

A Vendor {Bidder} shall not designate any price lists and/or catalogs submitted as exempt from public disclosure as the same must be accessible to State Using Agencies and Cooperative Purchasing Program participants (if the Bid Solicitation {RFP} has been extended to these participants) and thus must be made public to allow all eligible purchasing entities access to the pricing information.

ANNOUNCEMENT OF QUOTE {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.

PRICE ALTERATION IN QUOTES {PROPOSALS}

Any price changes including hand written revisions or "white-outs" must be initialed. Failure to initial price changes shall preclude a Blanket P.O. {Contract} award from being made to the Vendor {Bidder}.

QUOTE {PROPOSAL} ERRORS

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

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 P.O. {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.

QUOTE {PROPOSAL} WITHDRAWAL AFTER QUOTE {PROPOSAL} OPENING, BUT PRIOR TO BLANKET P.O. {CONTRACT} AWARD

NJSTART and Hard Copy: If, after the Quote {Proposal} opening, but before Blanket P.O. {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 (1) or more of the following factors: A mistake is so significant that to enforce the Blanket P.O. {Contract} resulting from the Quote {Proposal} would be unconscionable; that the mistake relates to a material feature or term of the Blanket P.O. {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 be sent to the following address:

Department of the Treasury Division of Purchase and Property PO Box 230 33 West State Street – 9th Floor Trenton, New Jersey 08625-0039 Attention: Supervisor, Proposal Review Unit

If during a Quote {Proposal} evaluation process, an obvious pricing error made by a potential Blanket P.O. {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.

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}.

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 in-state Vendors {Bidders}. The State of New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Procurement Officials, or the National Institute of Governmental Purchasing or a State’s statutes and regulations to identify States having preference laws, regulations, or practices and to invoke reciprocal actions. The State of New Jersey may obtain additional information as it deems appropriate to supplement the stated survey information.

A Vendor {Bidder} may submit information related to preference practices enacted for a State or Local entity outside the State of New Jersey. This information may be submitted in writing as part of the Quote {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.

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}.

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 P.O. {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.

DEFINITIONS

CROSSWALK

GENERAL DEFINITIONS

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

NJSTART terminology is used in this document; legacy term appears in braces; thus: NJSTART term {legacy term}.

All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: labor costs, overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.

Best and Final Offer or BAFO – Pricing timely submitted by a Vendor {Bidder} upon invitation by the Bureau after Quote {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 P.O. {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 Bureau. 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 P.O. {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 P.O.s {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) – The number of calendar days ‘After Receipt of Order’ in which the Using Agency will receive the ordered materials and/or services.

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

Discount – The standard price reduction applied by the Vendor {Bidder} to all items.

Division – The Division of Purchase and Property.

Evaluation Committee – A committee established or Division staff member assigned by the Director to review and evaluate Quotes {Proposals} submitted in response to this Bid Solicitation {RFP} and recommend a Blanket P.O. {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.

Joint Venture – A business undertaking by two (2) or more entities to share risk and responsibility for a specific project.

Master Blanket Purchase Order (Blanket P.O.) {Contract} – The Blanket P.O. {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.

Must – Denotes that which is a mandatory requirement.

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.

Primary Form – An electronic form contained within a Vendor’s {Bidder’s} NJSTART profile designated by the Vendor {Bidder} as the primary or principal version of the required form.

Procurement Bureau (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 P.O.(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 – Denotes that which is a mandatory requirement.

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

Small Business – Pursuant to N.J.A.C. 17:13-1.2, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one (1) of the three (3) following categories: For goods and services - (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and (C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III); For construction services: (A) 0 to $3,000,000 (Category IV); (B) gross revenues that do not exceed 50 percent of the applicable annual revenue standards established at 13 CFR 121.201 (Category V); and (C) gross revenues that do not exceed the applicable annual revenue standards established at CFR 121.201, (Category VI).

State – The 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 P.O. {Contract}, while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket P.O. {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 P.O. {Contract} procured by the Division. This Blanket P.O. {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 P.O. {Contract} may be used by any Using Agency or quasi-State governmental entity.

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 P.O. {Contract} resulting from this Bid Solicitation {RFP}.

BLANKET P.O. {CONTRACT}-SPECIFIC DEFINITIONS/ACRONYMS

Building Manager – A representative designated by the State who supervises facility operations and serves as the main point of contact when it pertains to contracted services and repairs that are necessary to support the upkeep of a State building. For the purpose of this Bid Solicitation {RFP}, each State building will have its own Building Manager.

Criminal History Record Background Check (Background Check) – The review of any and all records containing any identifiable descriptions and notations of arrests, indictments, or other formal criminal charges, and any dispositions arising therefrom, including convictions, pending court actions, dismissals, acquittals, sentencing, correctional supervision and release, that is collected and stored in the criminal record repository of the Federal Bureau of Investigation, the State Department of Public Safety, or any other repository of criminal history records.

Factory Mutual (FM) – A third-party testing and certification service that examines property loss prevention products and services for use in commercial and industrial facilities for the purpose of verifying standards of quality, technical integrity, and performance.

Hydrostatic Testing – The method used to pressure test an extinguisher’s critical components (cylinder, shell, hose assembly, etc.) for leaks and structural flaws by pressurizing them with a liquid.

NAFED – National Association of Fire Equipment Distributors.

NJ Uniform Fire Code – A set of standards and regulations, adopted from the International Fire Code, and implemented by the State of New Jersey to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion, or dangerous conditions in new and existing buildings.

NFPA – National Fire Protection Association.

NFPA #10 – A NFPA standard that provides requirements to ensure that portable fire extinguishers will work as intended to provide a first line of defense against fires of limited size.

N.J.A.C. – New Jersey Administrative Code.

NJSP – New Jersey State Police.

Recharge – The process of refilling an extinguisher with a fire suppressant agent, or in some cases, emptying any remaining agent left in the unit and then refilling it.

State House Complex (Complex) – A set of buildings managed by the Division of Property Management and Construction consisting of the Executive State House, Legislative State House/Legislative Staff Building, State House Annex, and the State House Garage.

Underwriter’s Laboratories (UL) – A global independent safety science company with more than a century of expertise innovating safety solutions.

SCOPE OF WORK

ESSENTIAL REQUIREMENTS

The Vendor {Contractor} shall provide the inspection, tagging, maintenance, Recharging, testing, repair, and replacement of individual fire extinguishers located throughout the State for State Using Agencies and Cooperative Purchasing Program participants.

The Vendor {Contractor} must provide all services specified by this Bid Solicitation {RFP} throughout the entirety of the State, as requested by each Using Agency.

NJ UNIFORM FIRE CODE

The Vendor {Contractor} shall perform all services herein in accordance with the NJ Uniform Fire Code - Administrative Code Title 5 Chapters 70-76 (N.J.A.C. 5:70-76), NAFED standards and performance capabilities, all applicable State, federal, and local codes and regulations; and all applicable Using Agency and facility specific rules, regulations, and operating procedures.

VENDOR {CONTRACTOR} MEMBERSHIPS/CERTIFICATIONS

The Vendor {Contractor} shall, at a minimum:

A. Maintain an active membership with the National Association of Fire Equipment Distributors (NAFED) throughout the term of the Blanket P.O. {Contract}; and

B. Ensure that all technicians assigned to work under this Blanket P.O. {Contract} must be certified by NAFED with a minimum classification as a Portable Fire Extinguisher Technician. The Vendor {Contractor} shall ensure that all technicians are properly credentialed to perform all assigned tasks throughout the term of the Blanket P.O. {Contract}.

1. Should a technician’s certification become inactive or lapse at any point during the term of this Blanket P.O. {Contract}, the Vendor {Contractor} shall immediately remove the technician from the performance of all associated services until the technician is certified by NAFED in accordance with this Bid Solicitation {RFP}; and

2. If requested by the Using Agency, the Vendor {Contractor} shall provide to the SCM or Building Manager proof of technician NAFED certification within two (2) business days of written request.

FIRST AID AND SAFETY

The Vendor {Contractor} personnel shall be bound by all applicable State, local, and federal safety rules and regulations, including but not limited to Occupational Safety and Health Act (OSHA) requirements.

PUBLIC WORKS CONTRACTOR REGISTRATION ACT

In accordance with the Public Works Contractor Registration Act, no Vendor {Contractor} or Subcontractor shall engage in work that is subject to the provisions of N.J.S.A 34:11-56.48, et seq. for the construction, reconstruction, demolition, alteration, custom fabrication, repair work, or maintenance work done under contract and paid for in whole or in part out of the funds of a public body or if the property or premises are owned by the public body, unless the Vendors {Contractors} and named subcontractors maintain a valid Public Works Certificate issued by the Department of Labor and Workforce Development (DLWD) during the duration of the Blanket P.O. {Contract} period. All Vendors {Contractors} and named Subcontractors must maintain a valid Public Works Certificate issued by the DLWD for the duration of the Blanket P.O. {Contract} term.

CERTIFIED PAYROLL RECORDS

N.J.A.C. 12:60-5.1(2)(c) requires that certified payroll records must be submitted to the public body by all Vendors {Contractors} and Subcontractors, for each employee on the project within ten (10) days of the payment of wages. The public body will receive, file, and make these records available for inspection during its normal business hours.

PREVAILING WAGE

The NJ State Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. applies to public work and building services performed under this procurement. This Act establishes wage standards for all workers performing public work and building services for properties or premises owned or leased by the State, requiring the payment of the State Prevailing Wage rate to all employees performing those duties. See N.J.S.A. 34:11-56.25 to -56.47; N.J.S.A. 34:11-56.58 to -56.70. Prevailing wages amounts are listed by county. It is the responsibility of the Vendor {Contractor} to comply with the requirements of the State Prevailing Wage Act as well as adhere to the requirements of the Fair Labor Standards Act (FLSA) during the duration of this Blanket P.O. {Contract} and any extensions exercised. Prevailing wages by county can be found on the wage determinations website at http://www.wdol.gov/sca.aspx. If it is found that any worker employed by the Vendor {Contractor} or any subcontractor under the Blanket P.O. {Contract} has been paid a rate of wages less than the prevailing wage required to be paid under the Blanket P.O. {Contract}, the State may terminate the Vendor {Contractor} and/or subcontractor’s right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and may prosecute the work to completion.

GENERAL REQUIREMENTS

INSPECTION, TESTING, AND SERVICING OF EQUIPMENT

The Vendor {Contractor} shall, at a minimum, adhere to the following requirements:

A. Complete all inspections, tagging, and Recharging at the respective facility/location within ten (10) business days of receipt of notice to proceed;

B. Ensure that upon arrival to the facility, all technicians must report to the State’s representative responsible for the fire extinguishers for that facility;

C. Carefully inspect all fire extinguishers and provide testing, tagging, Recharging, and maintenance services as necessary. Additionally, the Vendor {Contractor} shall ensure that it receives charge sheet sign-off by the Using Agency on all extinguishers that are Recharged/serviced by the Vendor {Contractor};

1. All CO2 fire extinguishers shall be weighed and shall be Recharged if found underweight or empty;

2. Six (6) year maintenance of extinguishers requiring such shall be performed in compliance with NFPA #10. The Using Agency shall not be charged for a Recharge of the extinguisher if it is not needed at the time of the six (6) year maintenance.

Note: Every six (6) years, stored pressure fire extinguishers that require a 12-year hydrostatic test (e.g. dry chemical extinguishers) must be emptied and proper maintenance procedures performed (Reference NFPA 10(98), Sec. 4-4.3). The exception to this rule is non-Rechargeable extinguishers. In the event that the Using Agency requires service for a non-Rechargeable extinguisher and the extinguisher in question has been in services for 12-years from the date of manufacture, the Vendor {Contractor} shall notify the Building Manager/SCM that the extinguisher should be removed; and

3. No additional charge for tagging is permitted.

D. The Vendor {Contractor} shall service all equipment on site, with the exception of fire extinguisher repairs and Hydrostatic Testing that require off-site servicing and/or repair.

1. If the extinguisher(s) must be taken from the site for repair or Hydrostatic Testing, the Vendor {Contractor} shall immediately provide the Using Agency with a temporary loaner extinguisher of the same class and size until the Using Agency’s original extinguisher is fully operational and returned to the site. The Vendor {Contractor} shall ensure that the loaner is placed in the same location/area as the one (1) being repaired. The loaner shall be provided at no charge to the State; and

2. All extinguishers removed from the facility for repairs or Hydrostatic Testing shall be transported in accordance with State, federal, and local rules and regulations as well as NFPA #10 standards.

E. Provide Hydrostatic Testing of portable fire extinguishers as necessary and in accordance with NFPA #10. Each extinguisher that has Hydrostatic Testing performed shall be properly tagged and marked with the corresponding month and year of the test performed;

F. At fixed facilities such as hospitals, office buildings, and other State buildings where the portable fire extinguishers are mounted throughout the building at designated locations, the Vendor {Contractor} shall prepare and submit a floor-by-floor fire extinguisher inventory to the Building Manager within ten (10) business days of request by the SCM or Building Manager; and G. Perform all specified fire extinguisher services for fire extinguishers located in Using Agency vehicles, as requested by the Using Agency.

FIRE EXTINGUISHER REPLACEMENTS

The Vendor {Contractor} shall, at a minimum, adhere to the following requirements for fire extinguisher replacement:

A. Replace any broken fire extinguisher that cannot be repaired to meet State, federal, local, and NFPA standards and regulations, as applicable;

B. All technicians shall show the Building Manager exactly what is being removed for repair and that the replacement is of the same class and size prior to removing the faulty extinguisher;

C. Shall not replace any fire extinguisher without written approval from the Using Agency; and D. All replacement fire extinguishers shall be replaced in the same area and shall be of the same size and type as the one being replaced.

MATERIALS TO BE USED

The Vendor {Contractor} shall, at a minimum, adhere to the following requirements for materials:

A. Provide Material Safety Data Sheets (MSDS) for all products used under this Blanket P.O. {Contract} within five (5) business days of written request;

B. Only provide and use first class materials;

C. Upon request, provide to the Building Manager/SCM or requesting Using Agency a sample of chemical Recharges to be submitted for inspection and Approval. In each instance, the sample shall indicate the manufacturer's name as well as the brand name of the product (Note: The sample shall be provided at no additional charge to the Using Agency).

D. All Recharges and parts must be of type and quality to meet with the approval of Underwriters’ Laboratories (UL) and Factory Mutual (FM), or equivalent if approved by the SCM;

E. All parts, used or replaced, shall be itemized on the Vendor’s {Contractor’s} invoice;

F. Parts will be paid for upon presentation of Vendor's {Contractor’s} invoice, showing its costs for parts and approval by the Using Agency. Note: The Vendor {Contractor} shall be reimbursed its invoiced cost for the purchase of all parts, including discounts; and

G. All parts replaced must be verified by the return of the defective parts to the facility prior to the Vendor {Bidder} invoicing the facility for the replacement part.

VENDOR {CONTRACTOR} PERSONNEL REQUIREMENTS

The Vendor {Contractor} personnel shall, at a minimum, adhere to the following requirements while performing the services of this Blanket P.O. {Contract}:

A. Observe all procedures, rules, and regulations in effect at the Using Agency and its facility;

B. Be subject to State supervision while on State property, but under no circumstances shall the Vendor’s {Contractor’s} personnel misrepresent themselves as employees of the State; and C. Immediately remove and replace employees from all work associated with this Blanket P.O.