T1307 21DPP00573 Bid Solicitation 8.26.20~2.docx

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/Agencies:

State of New Jersey Cooperative Purchasing Program Participants

Date: 8/26/2020

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 New Jersey Department of Transportation (NJDOT) and various State Agencies. The purpose of this Bid Solicitation is to solicit Quotes for hot pour crack filler, detackifier and application tools.

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 nine price line items in one (1) group in this Bid Solicitation, which is itemized as follows:

Price lines #1 through #9 are grouped to create a single award. Therefore, the Vendor {Bidder} must quote on all nine (9) price lines to be considered for an award. If a Vendor {Bidder} does not bid on all price lines within the Group, its Quote will be considered non-responsive for the Group.

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, 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.

BACKGROUND

This is a reprocurement of the product under Hot Pour Crack Filler, Detackifier and Application Tools, presently due to expire on February 1, 2020. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T1307 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 T1307, 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.

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 4.4.3.4 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 and must be provided.

FAILURE TO PROVIDE THIS INFORMATION WILL RENDER A VENDOR’S {BIDDER’S} QUOTE NONRESPONSIVE.

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 email, 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.

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.

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 and confidential information may be exempt from public disclosure by OPRA and/or the common law. 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 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 Supervisor of the Proposal Review Unit 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.

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 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

AASHTO – American Association of State Highway and Transportation Officials.

ANSI – American National Standards Institute.

ASTM- American Society for Testing and Materials.

Days - Unless otherwise designated, days shall mean calendar days.

Department - The Department of Transportation of the State of New Jersey (NJDOT), as created by law.

Department Laboratory - The main testing laboratory of the New Jersey Department of Transportation located at 930 Lower Ferry Road, Trenton, New Jersey 08625, or such other laboratory as that department may designate.

Engineer - The State of New Jersey Department of Transportation engineer, as created by law, acting directly or through his duly authorized representatives, such representatives acting within the scope of the particular duties delegated to them.

FHWA – Federal Highway Administration.

FSS – Federal Specifications and Standards. HMA – Hot mix asphalt.

Inspector – The engineer's authorized representative assigned to inspect Blanket P.O. performance, methods and materials related to the work both on and off the site of the project.

Materials Questionnaire - The specified forms on which the Vendor {Contractor} shall notify the engineer of the sources of materials it expects to use.

NEMA – National Electrical Manufacturers Association.

NJAC – New Jersey Administrative Code.

NJDOT – New Jersey Department of Transportation.

NJSA – New Jersey Statutes Annotated.

OSHA – Occupational Health and Safety Administration.

PCCP – Portland Cement Concrete Pavement.

Project - The specific section of highway or other public improvement, together with all appurtenances and construction thereof, to be performed under the Blanket P.O. The necessary work of providing the various materials and services in combination or individually and performing the work in order to obtain the product required under the terms of this Blanket P.O. The project may include work by others under other Blanket P.O.s.

Specifications - The directions, provisions and requirements giving interpretation of the work to be performed under this Blanket P.O.

State Business Day - A calendar day, exclusive of Saturdays, Sundays, State recognized legal holidays, and such other holidays or State office closings as declared by the Governor.

UL – Underwriters’ Laboratories.

Working Day - Any calendar day, exclusive of Saturdays, Sundays and State holidays.

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.

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.

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

USEPA – United States Environmental Protection Agency

SCOPE OF WORK – REQUIREMENTS OF THE VENDOR {CONTRACTOR}

Blanket P.O SPECIFIC REQUIREMENTS

When a publication is specified, it shall refer to the most recently issued date unless an earlier issue date is specified.

The specifications herein shall apply to NJDOT, other State agencies and cooperative purchasing participants unless otherwise indicated.

IMPORTANT: Wherever in the specification reference is made to the engineer or inspector for NJDOT material purchases, deliveries or technical issues, it shall be understood that for other State agencies and cooperative purchasing participants, those agencies shall designate a representative who shall be responsible for those matters at the time a purchase order is issued.

HOT POUR CRACK FILLER (PRICE LINE 1-2)

GENERAL

Hot pour crack filler for HMA and PCCP surfaces shall be a rubberized asphalt compound capable of effectively sealing cracks in concrete and asphalt pavements.

The hot pour crack filler for HMA and PCCP shall conform to ASTM D5078

The hot pour crack filler material shall be securely packaged in a non-contaminated, self-supporting cardboard container having an inner plastic liner.

The hot pour crack filler material shall be delivered in the manufacturer's original sealed packaging. On the outside, each package shall be legibly marked with a weather-resistant material identifying the contents, manufacturer, trade name of the sealant, manufacturer's batch or lot number, net weight, pouring temperature and safe heating temperature. In addition, a certified copy of the test results specified herein shall be submitted with each shipment.

Hot Pour Crack Filler, HMA Packaged in a 35 to 50 lb. Container (Price Line #1)

Product must be applicable and recommended for use in climates between -7 degrees Fahrenheit (-22 degrees Celsius) and 136 degrees Fahrenheit (58 degrees Celsius).

Each container shall have a net weight of thirty-five (35) to fifty (50) pounds.

The following product(s) shall be considered responsive to the requirements of 3.2.1.1:

· Crafco Asphalt Rubber Type 1 Part No. 34240

Vendors {Bidders} may also offer equivalent products that meet the specifications in Section 3.2.1.1.

Hot Pour Crack Filler, PCCP Packaged in a 30 to 50 lb. Container (Price Line #2)

Product must be applicable and recommended for use in climates between 4 degrees Fahrenheit (-10 degrees Celsius) and 136 degrees Fahrenheit (58 degrees Celsius).

Each container shall have a net weight of thirty (30) to fifty (50) pounds.

The following product(s) shall be considered responsive to the requirements of 3.2.1.2:

· Crafco Asphalt Rubber Type 2 Part No. 34232

Vendors {Bidders} may also offer equivalent products that meet the specifications in Section 3.2.1.2.

CRACK SEALANT BARRIER (PRICE LINE 3-6)

GENERAL

The crack sealant barrier material (detackifier) shall be used after application of hot pour crack filler when high traffic volumes are present and cure times are limited. It shall be quick-setting and suitable for placement over HMA and PCCP crack filler and shall act as a barrier to remove tackiness and prevent tracking. The crack sealant barrier shall pose no health hazards when used as directed by the manufacturer.

The crack sealant barrier material shall be supplied in five (5) gallon (19L) plastic pails. Each container shall be legibly marked identifying the product, manufacturer, trade name, manufacturer's batch or lot number, performance specifications, application instructions and rate, safety precautions, storage instructions and net weight.

The following product(s) shall be considered responsive to the requirements of 3.3.1:

· Crafco Detack Part No. 34681

Vendors {Bidders} may also offer equivalent products that meet the specifications in Section 3.3.1.

Ordering quantities are as follows:

· Crack Sealant Barrier (Detackifier) Packaged in 5 Gallon Pails shall be ordered in Pallet Load Quantities of Thirty Six (36) Pails Per Pallet (Price Line #3)

· Crack Sealant Barrier (Detackifier) Packaged in 5 Gallon Containers shall be ordered in Five (5) Pail Quantities (Price Line #4)

· Crack Sealant Barrier (Detackifier) Packaged in 5 Gallon Containers shall be ordered in Ten (10) Pail Quantities (Price Line #5)

· Crack Sealant Barrier (Detackifier) Packaged in 5 Gallon Containers shall be ordered in Twenty Five (25) Pail Quantities (Price Line #6)

RUBBER/SILICONE BLADED CRACK FILLER SQUEEGEE (PRICE LINE 7)

GENERAL

The rubber/silicone bladed crack filler squeegee shall be a suitable tool for use in the application of hot pour crack fillers and joint sealants.

The unit shall have a durable handle approximately fifty four (54) inches in length. The handle shall be attached to a metal base. A removable, replaceable rubber/silicone blade shall be attached to the base. The rubber/silicone blade shall be capable of withstanding hot sealants without failure or damage. The base shall be a “U” or “V” shape.

The following products shall be considered responsive to the requirements of 3.4.1.

· Crafco Heavy Duty Compact Squeegee with Wood Handle

· Marshalltown Asphalt Crack V Squeegee (Pull) RED700994

· Safe Seal Push “V” Filler Squeegee

Vendors {Bidders} may also offer equivalent products that meet the specifications in Section 3.4.1.

The squeegee units shall be delivered in the manufacturer's original sealed packaging. The packaging shall be a dry, non-contaminated, non-deformed, self-supporting container. Each package shall be legibly marked with a weather-resistant material identifying the product, manufacturer, trade name of the crack filler squeegee, net weight, and total number of units enclosed.

WHEELED POUr POT (PRICE LINE 8)

GENERAL

The wheeled pour pot shall be a suitable tool for use in the application of hot or cold pour joint and crack fillers.

The unit shall have a minimum capacity of two and one half (2.5) gallons. It shall have at least two (2) wheels and be self-supporting, The unit shall have a built-in squeegee or strike- off shoe and have fingertip nozzle control. The total weight of the empty wheeled pour pot shall not exceed one hundred (100) pounds.

The following products shall be considered responsive to the requirements of 3.5.1.

· Crafco Pour Pot with Wheels

· Seal-Rite 2.6 Gallon Wheeled Pour Pot

· Marshalltown Pour Pot with Wheels and Long Handle RED 704989

Vendors {Bidders} may also offer equivalent products that meet the specifications in Section 3.5.1.

SWIVEL HEAD SEALING DISK (PRICE LINE 9)

GENERAL

The swivel head sealing disk is used for dispensing crack sealer with a wand. The swivel head sealing disk lays flat to the pavement and rotates.

The swivel head sealing disk shall be a single unit in 3 inch or 4 inch size with ¾ inch material inlet.

The following products shall be considered responsive to the requirements of 3.6.1

· Crafco 4 in. Swivel Applicator

· Copperstate Hose Swivel Head Sealing Disk 4 in.

· Cimline 4 in. Swivel Head Sealing Disk

Vendors {Bidders} may also offer equivalent products that meet the specifications in Section 3.6.1.

DELIVERY

The Vendor {Contractor} must notify the Using Agency a minimum of forty-eight (48) hours in advance of any shipment. For NJDOT deliveries, the Vendor {Contractor} must notify the Supervisor of Materials, at the New Jersey Department of Transportation offices located at 1035 Parkway Avenue, Trenton, New Jersey 08625 a minimum of forty eight (48) hours in advance of any shipment.

All deliveries must be made as instructed by the Using Agency, during work hours, except on legal holidays. The Vendor {Contractor} must contact the Using Agency in the event of delivery delays.

Deliveries shall not be made on the following State observed holidays:

· New Year’s Day;

· Martin Luther King Jr. Day;

· Presidents Day;

· Good Friday;

· Memorial Day;

· Independence Day;

· Labor Day;

· Columbus Day;

· Election Day;

· Veterans Day;

· Thanksgiving Day; and

· Christmas Day.

For NJDOT deliveries: Deliveries must be made between the hours of 8:00 a.m. and 3:00 p.m., on any State business day. No deliveries will be accepted after 3:00 p.m. except in the case of extreme stock shortages requiring immediate delivery. Alternative delivery schedules may be established in those cases of extreme stock shortages only with the mutual consent of the Vendor {Contractor} and the Using Agency.

For All Other Using Agencies: Deliveries must be made in accordance with the delivery timeframe noted on the purchase order.

Material stockpiles shall be created as soon as practical whenever product shortages occur. Stockpiles shall remain in place until such product shortages no longer exist.

For NJDOT, each delivery of hot pour crack filler shall be made with open flatbed vehicles.