T0969 19DPP00372 Bid Solicitation Final 10.28.20.doc

Bid Solicitation #19DPP00372

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

Mandatory/Optional Pre-Quote Conference (Refer to Bid Solicitation Section 1.3.5 for more information.)

Mandatory/Optional Site Visit (Refer to Bid Solicitation Section 1.3.4 for more information.)

Quote Submission Date

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

Dates are subject to change. All times contained in the Bid Solicitation refer to Eastern Time. All changes will be reflected in Bid Amendments to the Bid Solicitation posted on www.njstart.gov.

☐ Small Business Set-Aside Category For Goods and Services:

☐ I ☐ II ☐ III

For Construction:

☐ IV ☐ V ☐ VI

Status

☒ Not Applicable ☐ Entire Blanket P.O.

☐ Partial Blanket P.O.

☐ Subcontracting Only

☐ Disabled Veteran-Owned Business Set-Aside

Bid Solicitation Issued By:

State of New Jersey

Department of the Treasury

Division of Purchase and Property

Trenton, New Jersey 08625‑0230 Using Agency/Agencies:

State of New Jersey

Cooperative Purchasing Program Participants

Date 10/28/2020

Table of Contents

61.0

INFORMATION FOR VENDORS {BIDDERS}

61.1

PURPOSE AND INTENT

81.2

BACKGROUND

81.2.1

NOTABLE CHANGES SINCE THE LAST BID SOLICITATION:

101.3 Key Events

101.3.1

ELECTRONIC QUESTION AND ANSWER PERIOD

101.3.2

SUBMISSION OF QUOTES

111.3.3

VENDOR {BIDDER} SUPPORT

111.3.4

MANDATORY/OPTIONAL SITE VISIT

111.3.5

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

111.3.6

PRE-QUOTE DOCUMENT REVIEW

111.4 ADDITIONAL Information

111.4.1 BID AMENDMENTS: Revisions to this BID SOLICITATION

121.4.2 VENDOR {BIDDER} Responsibility

121.4.3 COST Liability

121.4.4 CONTENTS of QUOTE

131.4.5

ANNOUNCEMENT OF QUOTE INFORMATION

131.4.6 PRICE Alteration In QUOTES

131.4.7

QUOTE ERRORS

141.4.8 JOINT Venture

141.4.9 Reciprocity for Jurisdictional Vendor Preference

141.4.10

QUOTE ACCEPTANCES AND REJECTIONS

141.4.11

ELECTRONIC SIGNATURES

142.0

DEFINITIONS

152.1

CROSSWALK

152.2 General Definitions

182.3 BLANKET P.O. specific definitions/ACRONYMS

203.0

SCOPE OF WORK – REQUIREMENTS OF THE VENDOR {CONTRACTOR}

20GROUPS/categorieS AND PRICE LINE DESCRIPTIONS

203.1 PURCHASes

203.1.1 category 1 - BOAT and options/accessories PURCHASES (Price Lines 1 - 12)

213.1.2 category 2 –RELATED MArine PRODUCTS Purchases (Price Lines 13-21)

243.2

SERVICES

243.2.1 category 3 – services - hourly rates (Price Lines 22 - 34)

24BOAT REPAIRS – PRICE LINE 22

25ENGINE/MOTOR REPAIRS – PRICE LINE 23

25TRAILER & TRAILER LIFT REPAIRS – PRICE LINE 24

25Forklift REPAIRS – PRICE LINE 25

25Boat lift REPAIRS – PRICE LINE 26

25MARINE ELECTRONICS INSTALLATION AND REPAIRS – PRICE LINE 27

25MARINE generator REPAIR – PRICE LINE 28

25Subsurface detection equipment (sonar) repair – PRICE LINE 29

25Painting (Marine craft and related equipment) – price line 30

26WELDING/FABRICATION (Marine craft and related equipment) – PRICE LINE 31

26UPHOLSTERY and CANVAS REPAIRS AND/OR REPLACEMENT (Marine craft and related equipment) – PRICE LINE 32

26SANDBLASTING (Marine craft and related equipment) – PRICE LINE 33

26POWER WASHING (Marine Craft and Related Equipment) – PRICE LINE 34

26Power washing shall be completed in accordance with current manufacturers' standards.AGENCY USE LINE – PRICE LINE 35

263.3 Delivery REQUIREMENTS:

273.3.1 emergency service and deliveries

283.3.2 tRANSPORTATION OF DISABLED BOAT, TRAILER, TRAILER LIFT, MARINE FORK LIFT OR OTHER MARINE ITEMS

283.4 guarantee/warranty

293.5 New Production ITEMS

293.6 price list updates

303.7

BLANKET P.O. IMPLEMENTATION (ORDERING PROCESS)

303.7.1 Cost estimates

313.8 authorized dealers/distributors

313.9

SUBSTITUTION OF PRODUCT

313.9.1

REPLACEMENT OF UNSATISFACTORY PRODUCT

313.10

DISCLOSURE OF PRODUCT COMPOSITION

313.11 Manuals and Instructions

334.0

QUOTE PREPARATION AND SUBMISSION – REQUIREMENTS OF THE VENDOR {BIDDER}

334.1 General

334.2 QUOTE Delivery and Identification

334.3 NJSTART electronic submission

334.3.1

NJSTART SUBMISSION OF QUOTE

344.3.2 reserved

344.4 QUOTE Content

344.4.1 Forms, rEGISTRATIONS and CERTIFICATIONS required with QUOTE

384.4.2 Forms, REGISTRATIONS AND CERTIFICATIONS REQUIRED before BLANKET P.O. award and THAT SHOULD BE SUBMITTED with the QUOTE

404.4.3 SUBmittals

41Not applicable to this procurement.

414.4.4 Financial Capability of the Vendor {Bidder}

424.4.5

STATE-SUPPLIED PRICE SHEET

485.0

SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O.

485.1

PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS

485.2 BLANKET P.O. Term and Extension Option

485.2.1

PRODUCT ADDITION

495.3 BLANKET P.O. Transition

495.4

CHANGE ORDER

495.5 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 P.O. requirements

505.7 Items Ordered and Delivered

505.8

MANUFACTURING/PACKAGING REQUIREMENTS

505.9

ELECTRONIC PAYMENTS

515.10 Substitution or Addition of SubCONTRACTOR(s)

515.11 BLANKET P.O. Activity Report

525.12

PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES

525.13 News Releases

525.14 Advertising

536.0

QUOTE EVALUATION

536.1

RIGHT TO WAIVE

536.2 director’s right of final quote acceptance

536.3

STATE'S RIGHT TO INSPECT VENDOR {BIDDER} FACILITIES

536.4 Clarification of Quote / STATE'S RIGHT TO REQUEST FURTHER INFORMATION

536.5

QUOTE EVALUATION COMMITTEE

536.6 Oral Presentation

546.7 Evaluation Criteria

546.7.1

QUOTE DISCREPANCIES

546.7.2 tIE-BREAKING CRITERIA

546.7.3 Evaluation of the QUOTES

546.8 Negotiation and Best and Final Offer (BAFO)

556.9

“REQUEST FOR REVISION” WITHIN NJSTART

556.10

POOR PERFORMANCE

567.0

BLANKET P.O. AWARD

567.1

DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD

567.1.1 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), EXECUTIVE ORDER No. 117 (2008) and N.J.A.C. 17:12-5 et seq.

567.1.2

SOURCE DISCLOSURE REQUIREMENTS

577.1.3 AFFIRMATIVE Action

577.1.4

BUSINESS REGISTRATION

577.2

FINAL BLANKET P.O. AWARD

587.3

INSURANCE CERTIFICATES

587.4 Performance SECURITY

598.0

BLANKET P.O. ADMINISTRATION

598.1

STATE CONTRACT MANAGER

598.1.1 state contract manager responsibilities

598.1.2 Coordination with the State Contract manager

609.0 STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS

601. STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT

601.1 contract terms CROSSWALK

602.

STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS

602.1

BUSINESS REGISTRATION

612.2

ANTI-DISCRIMINATION

612.3

PREVAILING WAGE ACT

612.5

MACBRIDE PRINCIPLES

612.6

PAY TO PLAY PROHIBITIONS

622.7

POLITICAL CONTRIBUTION DISCLOSURE

622.8

STANDARDS PROHIBITING CONFLICTS OF INTEREST

632.9

NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE

632.10

COMPLIANCE - LAWS

632.11

COMPLIANCE - STATE LAWS

632.12 Warranty of no solicitation on commission or contingent fee basis

633.

STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET FORTH IN LAW OR BASED ON THE TYPE OF CONTRACT

633.1

COMPLIANCE - CODES

643.2

PUBLIC WORKS CONTRACTOR REGISTRATION ACT

643.3

PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS

653.4

BUILDING SERVICE

653.5

THE WORKER AND COMMUNITY RIGHT TO KNOW ACT

653.6

SERVICE PERFORMANCE WITHIN U.S.

663.7

BUY AMERICAN

664.

INDEMNIFICATION AND INSURANCE

664.1

INDEMNIFICATION

664.2

INSURANCE

675.

TERMS GOVERNING ALL CONTRACTS

675.1

CONTRACTOR IS INDEPENDENT CONTRACTOR

675.2

CONTRACT AMOUNT

675.3

CONTRACT TERM AND EXTENSION OPTION

675.4

STATE’S OPTION TO REDUCE SCOPE OF WORK

685.5

CHANGE IN LAW

685.6

SUSPENSION OF WORK

685.7

TERMINATION OF CONTRACT

695.8

SUBCONTRACTING OR ASSIGNMENT

695.9

NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE

695.10

MERGERS, ACQUISITIONS

695.11

PERFORMANCE GUARANTEE OF CONTRACTOR

705.12

DELIVERY REQUIREMENTS

705.13

APPLICABLE LAW AND JURISDICTION

705.14

CONTRACT AMENDMENT

705.15

MAINTENANCE OF RECORDS

705.16

ASSIGNMENT OF ANTITRUST CLAIM(S)

716.1

PRICE FLUCTUATION DURING CONTRACT

716.2

TAX CHARGES

716.3

PAYMENT TO VENDORS

726.4

OPTIONAL PAYMENT METHOD: P-CARD

726.5

NEW JERSEY PROMPT PAYMENT ACT

726.6

AVAILABILITY OF FUNDS

727.

TERMS RELATING TO ALL CONTRACTS FUNDED, IN WHOLE OR IN PART, BY FEDERAL FUNDS

737.1

PROCUREMENT OF RECOVERED MATERIALS

747.2

EQUAL EMPLOYMENT OPPORTUNITY

767.3

DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED

767.4

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 3701-3708

767.5

RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT

767.6 CLEAN AIR ACT, 42 U.S.C. 7401-7671Q, AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387, AS AMENDED

777.7

DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)

777.8

BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352

1.0 INFORMATION FOR VENDORS {BIDDERS}

NOTICE: This Bid Solicitation 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, including the instructions on the Bid Solicitation’s Offer and Acceptance Page and read through all Quick Reference Guides (QRGs) located on the NJSTART Vendor Support Page , before preparing and submitting its Quote.

1.1 PURPOSE AND INTENT

This Bid Solicitation is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of the New Jersey State Police, other State Using Agencies and Cooperative Purchasing Participants. The purpose of this Bid Solicitation is to solicit Quotes for marine craft and related products and services.

The intent of this Bid Solicitation is to award Master Blanket Purchase Orders (Blanket P.O.s) to those responsible Vendors {Bidders} whose Quotes, conforming to this Bid Solicitation are 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. during the Blanket P.O. term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.

There are three (3) categories of marine craft and related products and services listed in Section 3.0 of the Bid Solicitation and represented by price lines on the State-Supplied Price Sheet.

The Bid Solicitation and State-Supplied Price Sheet contains three (3) categories identified below:

Category 1 (Boats and Options/Accessories) Price Line Items #1-12

Group 2 (Price Lines 3-4)

Group 3 (Price Lines 5-6)

Group 4 (Price Lines 7-8)

Group 5 (Price Lines 9-10)

Group 6 (Price Lines 11-12)

Category 2 (Boat and Other Related Marine Purchases) Price Line Items #13-21

Category 3 (Services) Price Line Items #22-34

For Category 1:

Each group consists of two (2) price lines. Vendors {Bidders} must bid on both price lines contained within a group (Group 1 Group 2, Group 3, Group 4, Group 5, and Group 6) in order to be considered for an award for that group. If a Vendor {Bidder} does not bid on all price lines within a group, its Quote will be considered non-responsive for that group only.

A Vendor {Bidder} may bid on a single group or multiple groups. Vendors {Bidders} are not required to bid on all groups in order to be considered responsive.

For Category 2:

For Category 2, Price Lines 13 through 21, a Vendor {Bidder} may bid on one, some or all of the individual price line items (Price Lines 13 through 21). Vendors {Bidders} are not required to bid on all individual price line items in order to be considered for an award.

For Category 3:

For Category 3, Price Lines 22 through 34, a Vendor {Bidder} may bid on one, some or all of the individual price line items (Price Lines 22 through 34). Vendors {Bidders} are not required to bid on all individual price line items in order to be considered for an award.

The State intends to award a Statewide Blanket P.O. to each responsive Vendor {Bidder} that submits a Quote that meets the category definition and requirements of the Bid Solicitation in accordance with Section 6.7 and 7.2 of this Bid Solicitation.

This procurement is not a Small Business or Disabled Veteran-Owned Business set aside procurement.

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

The State of New Jersey (State) intends to extend the Blanket P.O. (s) awarded to the Division's Cooperative Purchasing Program participants. These participants include quasi-State entities, counties, municipalities, school districts, volunteer fire departments, and first aid squads, independent institutions of higher learning, County colleges, and State colleges. In order for the State Blanket P.O. 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 4.4.3.2 of this Bid Solicitation. Although the State, with the consent of the Vendor(s) {Bidder(s)}, is making the use of any Blanket P.O. resulting from this Bid Solicitation available to non-State Agencies, the State makes no representation as to the acceptability of any State Bid Solicitation terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation.

1.2 BACKGROUND

This is a reprocurement of T0969 Marine Craft: Boat, Motor, Trailer (Parts/Repairs/Accessories & Purchases), presently due to expire on January 30, 2021. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T0969 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 T0969, Click “Find It”

The current Blanket P.O.s will appear under “Results”.

Vendors {Bidders} are cautioned that this new Bid Solicitation addresses current requirements. Vendors {Bidders} should not rely upon or use data from the prior Blanket P.O.

1.2.1 NOTABLE CHANGES SINCE THE LAST BID SOLICITATION:

This Bid Solicitation has been revised since the last reprocurement of this commodity. Please thoroughly read the entire Bid Solicitation including all sub-sections.

Notable changes include, but are not limited to:

· Additional categories: Life rafts (Price Lines 11 and 12), forklifts (Price Line 15), boat lifts (Price Line 16), marine generators (Price Line 18) and subsurface detection equipment (Price Line 19) have been added to this Bid Solicitation.

· The previous award structure - awards per region (North, South, and Central) – has been removed from this Bid Solicitation. Vendors {Bidders/Contractors} must offer marine craft and related products and services to all Statewide Using Agencies and Cooperative Purchasing Program participants (if the Vendor {Contractor} chooses to extend).

· Bid Solicitation Section 4.4.3 has been amended as follows:

Specification Conformance:

The Vendor {Bidder} shall submit with its Quote a Vendor’s {Bidder’s} certification in the form of the attachment titled “Specification Conformance Certification”, confirming that all items offered in response to this Bid Solicitation conform to the requirements set forth in Section 3.0 of this Bid Solicitation. Please see the attachment titled “Specification Conformance Certification”.

In lieu of the above Vendor’s {Bidder’s} certification, a Vendor {Bidder} shall submit a preprinted price list or catalog for each category and brand bid (Category 3 – Services – is excluded). The price list and/or catalog submitted must clearly indicate the products and brands offered and the firm, fixed pricing associated with the products, such that the applicable Bid Solicitation category/price line may be determined.

The Vendor {Bidder} must submit:

· the Specification Conformance Certification or;

· a preprinted price list or catalog for each category and brand bid (Category 3 excluded) with the Quote submission as stated above. Failure to do so shall render a Vendor’s {Bidder’s} Quote non-responsive.

· Category 1 contains six (6) Groups. Vendors {Bidders} must bid on all price lines contained within a group to be considered for an award for that group. If a Vendor {Bidder} does not bid on all price lines within a group, its Quote will be considered non-responsive for that group only.

Category 1 (Boats and Options/Accessories) Price Line Items #1-12

Group 2 (Price Lines 3-4)

Group 3 (Price Lines 5-6)

Group 4 (Price Lines 7-8)

Group 5 (Price Lines 9-10)

Group 6 (Price Lines 11-12)

1.3 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 in NJSTART.

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

B. Each question should begin by referencing the Bid Solicitation 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, prior to the final award of the Blanket P.O.

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

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

Questions regarding the 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

In order to be considered for award, the Quote must be received by the Procurement Bureau of the Division at the appropriate location by the required time.

Vendors {Bidders} shall submit a Quote electronically through NJSTART.

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

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

Inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov.

The Division will not respond to substantive questions related to the Bid Solicitation or any other Blanket P.O. via this email address. 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 using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote and attachments have been properly submitted.

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

Not applicable to this procurement.

PRE-QUOTE DOCUMENT REVIEW

The following are publicly available documents that a Vendor {Bidder} needs to review in order to prepare and submit accurate and comprehensive Quotes:

1.4 ADDITIONAL Information

BID AMENDMENTS: Revisions to this BID SOLICITATION In the event that it becomes necessary to clarify or revise this Bid Solicitation, such clarification or revision will be by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation.

There are no designated dates for release of Bid Amendments. 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). If a Vendor {Bidder} is not on the bid holder list to receive notifications related to a Bid Solicitation, Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

BID AMENDMENTS WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE VIEWABLE ON THE “SUMMARY” PAGE OF THE BID SOLICITATION 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 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 in response to this Bid Solicitation. No special consideration will be given after Quotes are opened because of a Vendor’s {Bidder’s} failure to be knowledgeable as to all of the requirements of this Bid Solicitation.

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 in response to this Bid Solicitation.

CONTENTS of QUOTE Quotes 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, all information submitted by a Vendor {Bidder} in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Vendor {Bidder}. Proprietary, financial, security and confidential information may be exempt from public disclosure by OPRA and/or the common law when the Vendor {Bidder} has a good faith, legal/factual basis for such assertion.

When the Bid Solicitation contains a negotiation component, the Quote will not be subject to public disclosure until a notice of intent to award a Blanket P.O. is announced.

As part of its Quote, 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. Vendor {Bidder} must provide a detailed statement clearly identifying those sections of the Quote that it claims are exempt from production, and the legal and factual basis that supports said exemption(s) as a matter of law. Please include a redacted copy of the Quote indicating the sections identified as confidential. The State will not honor any attempts by a Vendor {Bidder} to designate its entire Quote as proprietary, confidential and/or to claim copyright protection for its entire Quote.

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 will be redacted by the State. 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 has been extended to these participants) and thus must be made public to allow all eligible purchasing entities access to the pricing information.

In order not to delay consideration of the Quote or the State’s response to a request for documents, the State requires that Vendor {Bidder} respond to any request regarding confidentiality markings within the timeframe designated in the State’s correspondence regarding confidentiality. If no response is received by the designated date and time, the State will be permitted to release a copy of the Quote with the State making the determination regarding what may be proprietary or confidential.

See Bid Solicitation Section 4.4.2.4 Confidentiality/Commitment to Defend for additional information.

ANNOUNCEMENT OF QUOTE INFORMATION

On the date and time Quotes are due under the Bid Solicitation, all information concerning the Quotes 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 will be announced, and the contents of the Quotes shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

PRICE Alteration In QUOTES Any price changes including hand written revisions or "white-outs" must be initialed. Failure to initial price changes may preclude a Blanket P.O. award from being made to the Vendor {Bidder} pursuant to N.J.A.C. 17:12-2.2(a)(8).

QUOTE ERRORS

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

1.4.1.1 QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

A Vendor {Bidder} may withdraw its Quote submission in NJSTART prior to the Quote opening; however, Vendors {Bidders} should note that while withdrawn NJSTART Quotes 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. award. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

1.4.1.2 QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO BLANKET P.O. AWARD

If, after the Quote opening, but before Blanket P.O. award, a Vendor {Bidder} discovers an error in its Quote, the Vendor {Bidder} may make a written request to the Procurement Bureau to withdraw its Quote, or a portion thereof, 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 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. resulting from the Quote would be unconscionable; that the mistake relates to a material feature or term of the Blanket P.O.; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After Quote opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its Quote and the Director may in his/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.

The Quote withdrawal request must include the Bid Solicitation Number, Bid Solicitation Title, the Quote submission date and should be sent to Procurement.Bureau@treas.nj.gov. If during a Quote evaluation process, an obvious pricing error made by a potential Blanket P.O. awardee is found, the Director or his/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 shall be considered withdrawn, and no further consideration shall be given to it.

JOINT Venture If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance 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.

Reciprocity for Jurisdictional Vendor 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 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 or submit it to the Director within five (5) business days after the deadline for Quote submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote 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 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 and N.J.A.C. 17:12-2.2 which defines causes for Quote rejection, apply to all Quotes.

ELECTRONIC SIGNATURES

Vendors {Bidders} submitting Quotes through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket P.O. Award and That Should Be Submitted with the Quote) of this Bid Solicitation 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.

2.0 DEFINITIONS

2.1 CROSSWALK

2.2 General Definitions

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

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 opening, with or without prior discussion or negotiation.

Bid or Bid Solicitation – This series of documents, which establish the bidding and Blanket P.O. requirements and solicits Quotes to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation, State of NJ Standard Terms and Conditions (SSTC), State-Supplied Price Sheet, attachments, and Bid Amendments.

Bid Amendment – Written clarification or revision to this Bid Solicitation issued by the Division. Bid Amendments, if any, will be issued prior to Quote 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 – An amendment, alteration, or modification of the terms of a Blanket P.O. between the State and the Vendor(s) {Contractor(s)}. A Change Order 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 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.

Disabled veterans’ business - means a business which has its principal place of business in the State, is independently owned and operated and at least 51% of which is owned and controlled by persons who are disabled veterans or a business which has its principal place of business in this State and has been officially verified by the United States Department of Veterans Affairs as a service disabled veteran-owned business for the purposes of department contracts pursuant to federal law. N.J.S.A. 52:32-31.2.

Disabled veterans’ business set-aside contract - means a contract for goods, equipment, construction or services which is designated as a contract with respect to which bids are invited and accepted only from disabled veterans’ businesses, or a portion of a contract when that portion has been so designated. N.J.S.A. 52:32-31.2.

Discount – The 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 submitted in response to this Bid Solicitation and recommend a Blanket P.O. 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.) – The Blanket P.O. consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation, the responsive Quote 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 or other supporting documents, or post-award documents including Change Orders 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 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, for the tabulation of Quotes and for recommending award(s) of Blanket P.O.(s) to the Director and the Deputy Director.

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

QRGs – Quick Reference Guides.

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

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.

Shall – Denotes that which is a mandatory requirement.

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

Small Business – Pursuant to N.J.S.A. 52:32-19, N.J.A.C. 17:13-1.2, and, N.J.A.C. 17:13-2.1, “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).

Small business set-aside contract – “means (1) a contract for goods, equipment, construction or services which is designated as a contract with respect to which bids are invited and accepted only from small businesses, or (2) a portion of a contract when that portion has been so designated.” N.J.S.A. 52:32-19.

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.

State-Supplied Price Sheet – The bidding document created by the State and attached to this Bid Solicitation on which the Vendor {Bidder} submits its Quote pricing as is referenced and described in Bid Solicitation Section 4.4.5.

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., while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket P.O., 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 or Unit Price – 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. procured by the Division.

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

Vendor {Contractor} – The Vendor {Bidder} awarded a Blanket P.O. resulting from this Bid Solicitation.

2.3 BLANKET P.O. specific definitions/ACRONYMS

Dealer/Distributor – A Company authorized by a Vendor {Bidder/Contractor} as having the contractual ability to accept and fulfill orders and receive payments directly on behalf of the Vendor {Contractor} that is awarded a Blanket P.O. Any authorized Dealer/Distributor must agree to all terms and conditions contained within the Bid Solicitation and must agree to provide all products and services in accordance with the Blanket P.O. specifications, terms, conditions and pricing. A Dealer/Distributor must provide all forms required of a Vendor {Contractor}. Please see Bid Solicitation Section 3.8 for further information. The approved list of authorized Dealers/Distributors will appear in the Vendors tab, Distributors subtab of the Blanket P.O. in NJSTART.

GPS - Global Positioning System.

Percentage Discount or Markup - The Percentage bid applied as a Markup or a Discount to a firm, fixed price contained within a price list/catalog.

Price List/Catalog – A document published by manufacturers, resellers, Dealers, or Distributors that typically contains product descriptions, a list of products with fixed prices to which a Vendors {Bidders} percentage discount or markup bid is applied.

Pre-Consumer Material – Materials generated in manufacturing and converting processes, such as manufacturing scrap and trimmings/cuttings.

Post-Consumer Material – Material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed its life as a consumer item. Post-Consumer Materials are part of the broader category of Recovered Materials.

PWC – Personal Water Craft.

Recovered Material – Waste material and byproduct that have been recovered or diverted from solid waste, but does not include materials and byproducts generated from, and commonly reused within, an original manufacturing process.

Materials in Solid Waste – Material found in the various components of the solid waste stream. General, solid waste has several components, such as municipal solid waste (MSW), construction and demolition debris (C&D), and nonhazardous industrial waste. Under RCRA Section 6002, EPA considers materials recovered from any component of the solid waste stream when designating items containing Recovered Materials.

Recycling – The series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of new products other than fuel for producing heat or power by combustion.

Recyclability – The ability of a product or material to be recovered from, or otherwise diverted from, the solid waste stream for the purpose of recycling.

Remote underwater vehicle - an unoccupied underwater robot that is connected to a ship by a series of cables. These cables transmit command and control signals between the operator and the underwater vehicle, allowing remote navigation of the vehicle.

RMAN – Recovered Materials Advisory Notices provide purchasing guidance and recommendations for Recovered and Post-Consumer Material content levels for designated items.

SONAR - a system for the detection of objects under water and for measuring the water's depth by emitting sound pulses and detecting or measuring their return after being reflected.

USEPA – United States Environmental Protection Agency.

VHF Radio – Very High Frequency Radio. A Very High Frequency (VHF) Marine Radio allows instant communication between your boat and other boats, marinas, bridges, and the United States Coast Guard (USCG).

3.0 SCOPE OF WORK – REQUIREMENTS OF THE VENDOR {CONTRACTOR}

The following is a list of the categories included in this Bid Solicitation. Products offered must only be for the categories identified below. No other categories of marine craft and related products will be considered as part of this Bid Solicitation. All products offered in a category shall meet the description of that category. The State reserves the right to redact any products within a price list/catalog that do not meet the category.

In addition, a Vendor {Contractor} may offer options (parts and accessories) specifically related to the category bid. Any parts, components, equipment, controls or materials which are standard and/or necessary to form an efficient and complete working unit can be offered in the price list for the category bid. For example, if a Vendor {Contractor} offers a 12 foot center console boat, but the charging station, glare shield and handheld receiver are included as a separate cost item on the price list, those items can be offered to form a complete and working unit. The State reserves the right to approve or reject any proposed options. Any options approved by the State, will be made part of the price list uploaded to the Attachments tab of the Blanket P.O. in NJSTART.

Vendors {Contractors} are advised that Using Agencies will utilize catalog pricing and/or price lists in accordance with a Method of Operation to be promulgated to Using Agencies following Blanket P.O. award. This Method of Operation will provide Using Agencies with an opportunity to evaluate the total cost of products sought and select the most cost effective Vendor {Contractor}. Please refer to Bid Solicitation Section 3.7.

GROUPS/categorieS AND PRICE LINE DESCRIPTIONS The three (3) categories are detailed below.

Each category includes a brief description and, in the case of Categories 1 and 2, specific brands identified by the State Using Agencies as critical to their day-to-day operations. Vendors {Bidders} may offer any brand that meets the requirements of the category.

3.1 PURCHASes

category 1 - BOAT and options/accessories PURCHASES (Price Lines 1 - 12) This category includes all available boats offered under each brand. These will include boats of various sizes, lengths, materials, horsepower, passenger capacity, etc.

Group 1 – Airboats and Options and Accessories compatible with Airboats (Price Lines 1 and 2)…