T1090 Bid Solicitation 12.17.2020.docx

Bid Solicitation #21DPP00595

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.)

Not Applicable.

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

Not Applicable

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 086250230 Using Agency:

Department of the Treasury Distribution & Support Services 1620 Stuyvesant Ave.

W. Trenton, NJ 08625

Date: 12/17/2020

Table of Contents

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.

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 State of New Jersey, Department of the Treasury, Distribution and Support Services (DSS). The purpose of this Bid Solicitation is to solicit Quotes for canned tuna which will be made available and delivered by the Vendor {Contractor} to DSS.

The intent of this Bid Solicitation is to award a Master Blanket Purchase Order (Blanket P.O.) to that responsible Vendor {Bidder} whose Quote, conforming to this Bid Solicitation is most advantageous to the State, price and other factors considered. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket 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.

The Bid Solicitation and State-Supplied Price Sheet contains one (1) price line item, as follows:

The State intends to make one (1) Blanket P.O. award for the price line item.

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.

BACKGROUND

This is a reprocurement of the product/services under T1090 Foods: Staple - Tuna, Canned – DSS, presently due to expire on July 15, 2021. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T1090 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 T1090, 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.

NOTABLE CHANGE 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:

• SECTION 4.4.3.3 SPECIFICATION DATA SHEETS

Vendors {Bidders} shall submit with its Quote specification data sheets for all equivalent brands bid. The specification data sheets must document that its product bid meets or exceeds the requirements of the Bid Solicitation specifications.

Vendors {Bidders} offering approved products identified in this Bid Solicitation are not required to submit specification data sheets for those approved products only. However, all required information identified on the State-Supplied Price Sheet is necessary to confirm specification conformance must be provided.

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.)

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.

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.

QUOTES WILL BE PUBLICLY OPENED AND ANNOUNCED BY TELEPHONE CONFERENCE ON THE DATE AND TIME OF THE QUOTE OPENING.

(DIAL-IN PHONE NUMBER: 888-204-5984 / ACCESS CODE: 2602305).

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.

QUOTES NOT RECEIVED PRIOR TO THE QUOTE OPENING DEADLINE SHALL BE REJECTED.

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.

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 e-mail address. For inquiries related to substantive questions refer to Section 1.3.1 (Electronic Question and Answer Period).

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

Not applicable to this procurement.

PRE-QUOTE DOCUMENT REVIEW

Not applicable to this procurement.

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.

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.

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.

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 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.

DEFINITIONS

CROSSWALK

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.

BLANKET P.O. specific definitions/ACRONYMS

Approved Products - A list of products that have been identified as meeting Using Agency needs and confirmed as meeting product specifications.

CFR - The Code of Federal Regulations (CFR) is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. Title 21 of the CFR is reserved for rules of the Food and Drug Administration.

Commercial Item Description (CID) – Product descriptions that concisely describe the most important characteristics of a commercial product. CIDs are official USDA Government procurement documents.

Equivalent Brands – Brands/products offered, other than those identified as an Approved Brand/Product, that meet the specifications herein.

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.

Net Weight – the total weight of a product, exclusive of its container or packaging.

NMFS – National Marine Fisheries Service permits and reports requirements associated with the importation of tunas. Detailed information can be found at:

http://www.nmfs.noaa.gov/pr/dolphinsafe/importation_2.htm

NOAA – National Oceanic and Atmospheric Administration

PCR - Post-Consumer Resin or Post-Consumer Recycled Content.

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.

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.

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

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.

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.

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

USDC – United States Department of Commerce provides inspection services for fish, shellfish, and fishery products to the industry. The NOAA Seafood Inspection Program is often referred to as the U.S. Department of Commerce (USDC) Seafood Inspection Program and uses marks and documents bearing the USDC moniker. Detailed information can be found at: http://www.seafood.nmfs.noaa.gov/

USEPA – United States Environmental Protection Agency

USDA – United States Department of Agriculture provides services in which it inspects, grades, and certifies the quality of a wide variety of commodities. Detailed information can be found at:

http://www.ams.usda.gov/

SCOPE OF WORK - REQUIREMENTS OF THE VENDOR {CONTRACTOR}

The sections listed below provide information and requirements necessary for a Vendor {Contractor} to successfully service the Blanket P.O. established as a result of this Bid Solicitation. The Vendor {Contractor} must comply with all terms and conditions outlined within this Bid Solicitation.

The approved brands/products identified herein have been deemed by the State to meet all specifications however, any products that meet or exceed the specifications will be considered as equivalents. See Section 4.4.5.2 for additional information.

The United States Department of Agriculture (USDA) certifications and Federal Commercial Item Descriptions (CIDs) identified herein are based on current Federal USDA certifications and CID specifications/requirements in place during the timeframe of the procurement and the establishment of Blanket P.O. If any Federal USDA certifications or CID specifications/requirements are revised at any time during the term of the Blanket P.O., including any extension(s) thereof, the most recent Federal USDA certifications or CID specifications/requirements for the product, inclusive of any revisions, will prevail for the basis of product verification and compliance with Federal USDA certifications or CID requirements.

All products offered in response to this Bid Solicitation must comply with the following specifications.

Product Specifications

The chart below illustrates the item included within this Bid Solicitation along with required USDC, CID, CFR, nutritional, technical and packaging specifications:

The product offered must comply with CID A-A-20155D (https://www.ams.usda.gov/sites/default/files/media/FPPS%20%20Canned%20Pouch%20Tuna%20Oct%202015.pdf) “Tuna, Canned Or In Flexible Pouches” for the following specific requirements:

Type A – Can

Form I – Chunk

Color a – Light

Packing Media 1 – Water or 5 - Broth

The product offered must also meet the following Bid Solicitation requirements, which will be verified prior to Blanket P.O. award:

Species: Species may be any of the following: Skipjack, Tongol, Frigate Tuna, Yellowfin, or Bonito

Form: Tuna must be in chunk form

Shelf Life: Must have a minimum of 24 months of shelf life

Net Weight: Minimum 66.5 ounces (1,885 grams) per can

Packaging: Packed six (6) 66.5 ounces (1,885 grams) cans per case

Main Ingredients: The product must contain, at a minimum, Tuna, Water, and Salt. The product may contain broth (which may contain soy).

Color: Tuna must be of the light color varieties, typical of species.

Texture: Tuna must exhibit a firm, non - mushy texture

Pressed Cake Weight: Tuna shall have a minimum pressed cake weight of 37.9 ounces (1074 grams) per can.

((https://www.ecfr.gov/cgi-bin/text-idx?SID=358b9158d2e173f48a518cb17e022f3a&mc=true&node=se21.2.161_1190&rgn=div8)

Note: The product awardedmust meet the following inspection requirements, which will be verified upon product delivery to the Using Agency:

USDC/ NMFS Inspection: Tuna must be inspected by USDC and NFMS, and a USDC Inspection Certificate must be issued and made available upon delivery. This inspection will, at a minimum, verify the following:

· Flavor and Odor: Tuna must exhibit a good typical Tuna flavor and odor

Port Royal – Premium Chunk Light Tuna PRSIC # 9301

Oceania Chunk Light Tuna in Water # SCV1-2

Mitsui Foods Empress Chunk Light Tina #110573600X

RD Foods Americas - Gold Seas Chunk Light Tuna in Water - prod code # 57001

The State reserves the right to test the contracted item to ensure that it continues to meet the Blanket P.O. requirements throughout the term of the Blanket P.O., including any extension(s) thereof. If the contracted item fails to meet Blanket P.O. requirements, the item delivery will be rejected by the Using Agency and must be replaced in accordance with Bid Solicitation Section 3.9.

nutritional data sheets and manufacturer’s technical specifications

Upon request, the Vendor {Contractor} must furnish nutritional data sheets and/or manufacturer’s technical specifications of the awarded item to DSS anytime throughout the term of the Blanket P.O. and any extension(s) thereof. Failure to do so may result in a formal complaint being filed for non-conformance. The Vendor {Contractor} must forward this information to the State Contract Manager assigned to this Blanket P.O. as published in NJSTART.

REGULATORY REQUIREMENTS

The contracted item must comply with all applicable Federal, State, and local mandatory requirements and regulations relating to the preparation, packaging, labeling, storage, distribution, and sale of the product in the commercial marketplace. The delivered products must comply with all applicable provisions of the Federal Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act, and regulations promulgated thereunder. When agricultural practice (ii), Organic, is specified in the Bid Solicitation, Blanket P.O., or purchase order, the products must comply with all applicable provisions of the National Organic Program. When a known allergen is included in the product, the product must comply with the allergen labeling requirements of the Federal Food, Drug, and Cosmetic Act.

Delivery Requirements

Vendor {Contractor} must deliver the contracted item directly to Distribution and Support Services (DSS) at the following address:

Department of the Treasury Distribution & Support Services (DSS) 1620 Stuyvesant Avenue West Trenton, New Jersey 08625-0234

Deliveries for the contracted item shall be made within the delivery timeframe noted on the Purchase Order and in strict accordance with the instructions from the Using Agency. Delivery days after receipt of order (ARO) must not exceed thirty (30) calendar days.

When there is a discrepancy between the delivery days listed in the General Tab in NJSTART and the State-Supplied Price Sheet, the State-Supplied Price Sheet delivery days shall govern.

Deliveries shall be made Monday through Friday (excluding State holidays) from 8:00 AM until 2:00 PM and must arrive in time for the delivery to be completed by no later than 2:00 PM. Delivery appointments will not be accepted by the Using Agency. Trucks will be unloaded on a first come, first serve basis.

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

· New Year’s Day;

· Martin Luther King Jr. Day;

· Presidents Day;

· Good Friday;

· Memorial Day;

· Juneteenth;

· Independence Day;

· Labor Day;

· Columbus Day;

· Election Day;

· Veterans Day;

· Thanksgiving Day; and

· Christmas Day.

The contracted item is subject to final acceptance at the point of delivery. Deliveries containing damaged goods may be either partially accepted by DSS (with damaged goods rejected) or totally rejected by DSS depending on the severity of the damage. The carrier truck driver must bear sole responsibility for any re-working of palletized goods for the removal of any damaged goods from acceptable goods. DSS shall not be responsible for any additional costs associated with this procedure. Vendors {Contractors} shall be responsible for any shipments rejected by the DSS and the rejected item(s) must be removed from the DSS premises at the Vendor’s {Contractor’s} expense.

If a Vendor {Contractor} anticipates a late delivery for any reason, the Vendor {Contractor} must immediately make the details known to the DSS in writing.

If the Vendor {Contractor} fails to deliver by the specified delivery date, the DSS reserves the right to cancel the portion of the order which the Vendor {Contractor} failed to deliver within the specified delivery time and purchase that item elsewhere, charging the increase in price and cost of handling, if any, to the Vendor {Contractor}. In the event of Blanket P.O. cancellation for cause, the State reserves the right to cancel all outstanding orders.

Vendors {Contractors} must deliver quantities ordered by DSS. A Vendor {Contractor} must not change quantities ordered after receiving a purchase order. Any overages, not previously approved by DSS, may be refused by DSS at the Vendor’s {Contractor’s} expense. Any shortages may be cause for the issuance of a formal complaint to the Division’s Contract Compliance and Audit Unit.

Vendors {Contractors} must not combine deliveries of this item with various scheduled delivery dates, unless authorized by DSS.

The cargo section of the delivery vehicle must be clean and totally free of garbage, refuse, trash and other matter that may be involved in the development of pathogenic or toxigenic microorganisms that could possibly cause undesirable deterioration of the contracted item.

The cargo section of all delivery vehicles must be free of all obnoxious odors that may immigrate into the contracted item or the packaging rendering the contracted item unacceptable for use. The presence of any of these conditions shall be cause for complete rejection of the delivery. Packaging must be in accordance with good commercial practices in order to protect the quality of the product.

The unloading process may not extend beyond a three (3) hour time frame due to palletization, re-palletization or re-working of pallets for removal of damaged goods. Partial acceptance or partial rejection may result after this three (3) hour unloading period has expired.

A packing slip must accompany all deliveries, indicating the name of the Vendor {Contractor} and a valid DSS Purchase Order Number. Deliveries not properly identified may be rejected and returned at the Vendor’s {Contractor's} expense.

The Vendor {Contractor} must provide a receipt for each delivery, indicating the items being delivered and the DSS Purchase Order Number.