T1243 Final Bid Solicitation 12.18.20.docx

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

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

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

Upon Appointment

Upon Appointment

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 Department of Military and Veteran Affairs

Date: 12/18/20

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 various agencies in the State of New Jersey. The purpose of this Bid Solicitation is to solicit Quotes for complete food services in the dining facility provided by the Department of Military and Veterans Affairs and located at the Sea Girt National Guard Training Center, New Jersey.

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 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.

Vendors {Bidders} will be evaluated in accordance with Bid Solicitation Section 6.0. Quote Evaluation.

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 services under Food Services for the NJ National Guard Training Center, Sea Girt, which expired on October 15, 2019. Vendors {Bidders} interested in the previous Blanket P.O. specifications and pricing information may review the previous Blanket P.O. T-1243 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 T1243 Check the box for “Include Expired” 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.

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 {Addenda} 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.

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.

Procedural 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).

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.

OPTIONAL SITE VISIT

Due to the COVID-19 pandemic, an Optional Site Visit may be scheduled for this procurement by appointment only. Only one (1) Vendor {Bidder} shall be permitted a tour at a time. The State encourages the Vendor {Bidder} to limit their party to two (2) persons per tour. Optional Site Visits will be scheduled on a first come first serve basis, and scheduling is at the discretion of the State Contract Manager.

The Vendor {Bidder} shall adhere to all COVID-19 procedures and protocols established by the National Guard Training Center, Department of Military and Veterans Affairs, and the State of New Jersey including, but not limited to physical distancing, and face coverings (over nose and mouth).

Optional Site Visits may be scheduled to take place between Monday, October 26, 2020 through Tuesday, November 10, 2020. Final Optional Site Visit appointment requests must be received by November 9, 2020, at 12:00pm EST.

The Vendor {Bidder} may contact the State Contract Manager via email to schedule a visit at:

(Ret.) Col. Daniel J. Dreher National Guard Training Center Superintendent Daniel.Dreher@DMAVA.nj.gov

The Vendor {Bidder} shall only communicate via email with the State Contract Manager to schedule an Optional Site Visit. The Vendor {Bidder} shall not communicate with State Contract Manager regarding Bid Solicitation specifications, questions or the procurement process.

The location of the Optional Site Visit will be as follows:

New Jersey National Guard Training Center Building 11 100 Camp Drive, Sea Girt, New Jersey 08750

An attendee may represent only one (1) potential bidding entity.

NO QUESTIONS OR INQUIRIES WILL BE ACCEPTED OR ANSWERED DURING THE OPTIONAL SITE VISIT. ALL QUESTIONS ARE TO BE HELD AND SUBMITTED IN ACCORDANCE WITH BID SOLICITATION SECTION 1.3.1.

OPTIONAL PRE-QUOTE CONFERENCE

The date and time of the Optional Pre-Quote Conference is indicated on the Bid Solicitation cover sheet. The Optional Pre-Quote Conference will be conducted via telephone conference.

Attendees may attend the Optional Pre-Quote Conference with the following call-in details:

Dial-in Number: 888-204-5984 Access code: 2602305

The purpose of the Optional Pre-Quote Conference is to address procedural questions regarding the Bid Solicitation and Vendor {Bidder} Quote Submission Requirements. No substantive questions regarding the Bid Solicitation Scope of Work will be accepted or answered during the pre-Quote conference. All questions are to be submitted through the Questions and Answer process.

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, including Quotes submitted through the NJSTART electronic process, 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.

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 handwritten revisions or "white-outs" must be initialed. Failure to initial price changes shall 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

NJSTART: 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

NJSTART: 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 Supervisor of the Proposal Review Unit 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.

All Quote withdrawal requests must include the Bid Solicitation identification number and the final Quote submission date and be sent to the following email address: Africa.Nelson@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 {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 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 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 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.

Internet of Things (IoT) - the network of physical devices, vehicles, home appliances and other items embedded with electronics, software, sensors, actuators, and network connectivity which enables these objects to connect and exchange data.

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.

Personally Identifiable Information or PII - as defined by the U.S. Department of Commerce, National Institute of Standards and Technology, means any information about an individual maintained by an agency, including (1) any information that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and (2) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information.

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 – The State of New Jersey.

State Confidential Information - shall consist of all information or data contained in documents supplied by the State, any information or data gathered by the Vendor {Contractor} in fulfillment of the Blanket P.O. and any analysis thereof (whether in fulfillment of the Blanket P.O. or not);

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.

Vendor Intellectual Property – Any intellectual property that is owned by Vendor {Contractor} and contained in or necessary for the use of the Deliverables or which the Vendor {Contractor} makes available for the State to use as part of the work under the Blanket P.O. Vendor Intellectual Property includes COTS or Customized Software owned by Vendor {Contractor}, Vendor’s {Contractor’s} technical documentation, and derivative works and compilations of any Vendor Intellectual Property.

BLANKET P.O. SPECIFIC DEFINITIONS/ACRONYMS

À La Carte – Listing or serving food that can be ordered as separate items, rather than part of a set meal.

Accredited Sanitation Program – A food certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certifies individuals.

AGR – An acronym for an Active Guard Reserve soldier for the New Jersey National Guard.

AR – An Army Regulation, rule, or order prescribed by authority, especially to regulate conduct.

Clean – Free of visible signs of food, residue, ingredients, grease, soap, and foreign matter.

Critical Control Point – A critical control point (CCP) is a step which control can be applied and is essential to prevent or eliminate a food safety hazard or reduce it to an acceptable level.

Cutlery Kit – Disposable hand-held eating utensils including, but not limited to, various spoons, forks, knives, napkin, moist towelette, salt, and pepper packets.

DA PAM – An acronym for Department of the Army Pamphlet.

Dinning Facility Committee – The Dinning Facility Committee (DFAC) consist of State and federal tenants at the National Guard Training Center (NGTC) that utilize the facility. The committee will meet once a month to review upcoming meal count, special events, and discuss internal issues or concerns.

Dinnerware – Cooking, serving, and eating utensils such as cutlery, glassware, serving dishes, plates and bowls and serving utensils for table use, tumblers and plates.

Food Borne Disease Outbreak – The occurrence of two (2) or more cases of a similar illness resulting from the ingestion of a common food.

Food Handlers – Personnel who are in either direct or indirect contact with the preparation of food, its equipment, or in the areas where food is prepared and served.

HAACP Plan – A written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point (HACCP) principles developed by the National Advisory Committee on Microbiological Criteria for Foods.

Hazard – a biological, chemical, allergenic or physical property that may cause an unacceptable consumer health risk.

Leftovers – Un-served portions of any item that was prepared for a specific meal, protected from contamination and held at a proper temperature.

NJARNG – An acronym for New Jersey Army National Guard.

NJNG – An acronym for New Jersey National Guard (Includes Army & Air National Guard).

NGTC – An acronym for National Guard Training Center.

NJSP – The New Jersey State Police is the official state police force of the State of New Jersey.

Portion Control – Serving sizes or equal amounts to each diner in accordance with prescribed menus and recipes.

Sanitizing – The process of reducing the number of microorganisms on a surface to safe levels and prevent foodborne illnesses.

Sanitizing Solutions – A chlorine solution or any other chemical sanitizing agent allowed as defined in TB MED 530.

SOP – An acronym for Standard Operating Procedure.

TB – Technical Bulletin

Tenant – Agencies that have standing leases with the New Jersey Department of Military and Veterans Affairs, e.g., New Jersey State Police (NJSP), New Jersey Department of Corrections (DOC), New Jersey Division of Criminal Justice (DCJ), and New Jersey Juvenile Justice Commission (JJC).

Temperature Danger Zone (TDZ) – Unsafe and prohibited temperatures for food between 41° and 135°F.

U.S.D.A. – The United States Department of Agriculture, also known as the Agriculture Department, is the U.S. federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food.

SCOPE OF WORK – REQUIREMENTS OF THE VENDOR {CONTRACTOR}

GENERAL REQUIREMENTS

The Vendor {Contractor} shall be able and willing to perform complete food services at the New Jersey National Guard Training Center, Sea Girt for the New Jersey National Guard (NJNG), Department of Law and Public Safety (LPS), and Department of Corrections (DOC), Department of Military and Veterans Affairs (DMAVA), etc. and meet the performance requirements set forth in this Bid Solicitation.

The Vendor {Contractor} shall have available corporate headquarters support in form of administrative, dietetic, and personnel supervision. Supervising personnel of each of these divisions shall visit the facility at least once every two (2) months or as requested by the State Contract Manager.

The Vendor {Contractor} shall abide by any applicable county, State, and federal health guidelines, codes and regulations established by the Department of Health (DOH), and Occupational Safety and Health Administration (OSHA). Furthermore, the Vendor {Contractor} must follow all applicable federal, State, and local statutes, rules and regulations, including but not limited to, those related to the COVID-19 Pandemic.

The Vendor {Contractor} shall be fully responsible for all cost associated with the management, operation and day-to-day maintenance of the dining facility. All utilities will be provided by the State with the exception of telephone and internet services.

The Vendor {Contractor} shall provide meals for separate on-site purchase by Training Center visitors, National Guard Training Center and tenant employees, Active Guard Reserves soldiers (AGR), and Officers. The provision of on-site purchase meals shall also be made available at the awarded price on an as needed basis.

On-site purchase meals shall be paid by the individual and shall not be charged back to the Using Agency. The Vendor {Contractor} shall accept cash and debit/credit cards as a form of payment in these instances.

Note: The Vendor {Contractor} shall record a daily twenty (20) person minimum headcount of paying customers before meals are to be provided. Additionally, if it is determined during the Dining Facility Committee monthly meeting that an upcoming meal count (breakfast, lunch or dinner) is not greater than 20 diners, the Vendor {Contractor} is not required to provide meals for that day.

The Vendor {Contractor} shall provide full food services for the New Jersey National Guard drill weekends, National Guard Youth Camp, Youth Challenge Program, and NJSP Trooper Youth Week.

In addition, approved leasing agencies, e.g. (American Legion, Wounded Warriors) may require food service for their group participants. These agencies will be directed to the awarded Vendor {Contractor} for food services. Scheduling of food service shall not interfere with the schedule as specified in Bid Solicitation Section 3.3.2, Hours of Operation, unless approved by the State Contract Manager.

The Vendor {Contractor} shall invoice each Using Agency (DOC, LPS, DMAVA, etc) separately according to the meal service provided. Invoiced meals shall be paid to the Vendor {Contractor} by each Using Agency on a monthly basis.

The Vendor {Contractor} shall furnish and maintain all office equipment including, but not limited to:

A. Personal computers;

B. Office furniture;

C. Time clock systems;

D. Cash registers; and

E. Bookkeeping/Money Handling supplies.

The Vendor {Contractor} shall furnish a private telephone line/service, and internet services for its business requirements. The Vendor {Contractor} shall not be permitted to utilize the State’s telephone or internet service.

The Vendor {Contractor} shall be responsible for control of traffic and parking vehicles. Access to the building shall always be available to New Jersey National Guard (NJNG) and Department of Military and Veterans’ Affairs (DMAVA) personnel to conduct normal New Jersey National Guard business.

Smoking of any kind shall not be allowed at the facility. The use, sale and/or distribution of alcoholic beverages is prohibited.

The Vendor {Contractor} shall not perform any renovations, remodeling, or construction in any area of a DMAVA facility without first thoroughly reading the O&M Plan for that facility and coordinating such activities through the DMAVA Asbestos Program Manager (APM). Additionally, any renovations, remodeling, and construction must be approved in writing by the State Contract Manager prior to commencement. In addition, the Vendor {Contractor} shall not disturb any area of a DMAVA facility where Asbestos Containing Material or Presumed Asbestos Containing Material has been identified without first coordinating such activities through the NJDMAVA APM. The Asbestos Management Plan and Statewide Building Survey Report is available at http://www.nj.gov/military/installations/index.html for the Vendor {Contractor} review.

DINING FACILITY USE FEE

As part of this Blanket P.O., the Vendor {Contractor} shall pay an annual fee of $105,000.00 to DMAVA for exclusive use of building 11 kitchen area and kitchen equipment. The Vendor {Contractor} shall submit payments of $8,750.00 on a monthly basis, and with the first monthly payment of $8,750.00 due ten (10) days in advance of first occupancy. Subsequent payments shall be due on the same date of every month through the entire term of this Blanket P.O., including extensions. Payments shall be in the form of Bank, Cashier, Certified Check or Money order to the Treasurer, State of New Jersey. Personal checks or cash shall not be accepted. All payments must be submitted to DMAVA-CFMO-RPB, P.O. Box 340, Trenton, NJ 08625-0340.

The Vendor {Contractor} shall be solely responsible for the collection of any and/or all applicable State and federal sales taxes associated with its use of the dining facility.

Use of the facility shall not be allowed…