Bid Solicitation # 26DPP01253 T1628 Enhanced Motor Vehicle Inspection Maintenance System

Date Time

Due Date For Electronic Questions

Refer to Bid Solicitation Section 2.1 for more information.

May 27, 2026 2:00 PM

Optional Pre-Quote Submission Conference

Refer to Bid Solicitation Section 2.5 for more information.

May 6, 2029 10:00 AM

Mandatory Site Visit

Refer to Bid Solicitation Section 2.4 for more information.

May 9, 2026

1:00 PM

Quote Opening Date

Refer to Bid Solicitation Section 3 for more information.

August 5, 2026 2:00 PM

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.

SET-ASIDES

Small Business Set-Aside

For Goods and Services:

☒ I ☒ II ☒ III

For Construction:

☐ IV ☐ V ☐ VI

☐ Not Applicable

☐ Entire Contract

☐ Partial Contract

☒ Subcontracting Only

☐ Preference

Disabled Veteran-Owned Business Set-Aside

☒ Not Applicable

☐ Entire Contract

☐ Partial Contract

☐ Subcontracting Only

☐ Preference

Bid Solicitation Issued By:

State of New Jersey

Department of the Treasury

Division of Purchase and Property

Trenton, New Jersey 08625-0230

On Behalf of:

State of New Jersey

Motor Vehicle Commission

Department of Environmental Protection

Date: 4/22/2026 http://www.njstart.gov/ i

TABLE OF CONTENTS

1 INTRODUCTION AND SUMMARY OF THE BID SOLICITATION

1.1 PURPOSE, AND INTENT AND BACKGROUND

1.2 BACKGROUND

1.2.1 PROGRAM HISTORY

1.2.2 CURRENT PROGRAM

1.2.3 ADMINISTRATION

1.2.4 EMISSION AND MECHANICAL INSPECTIONS

1.2.5 VEHICLE INFORMATION DATABASE (VID)

1.3 CONTRACT AMOUNT

1.4 ORDER OF PRECEDENCE OF CONTRACTUAL TERMS

1.5 INTRASTATE COOPERATIVE PURCHASING

2 PRE-QUOTE SUBMISSION INFORMATION

2.1 ELECTRONIC QUESTION AND ANSWER PERIOD

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

2.3 BID AMENDMENTS

2.4 MANDATORY SITE VISIT

2.5 OPTIONAL PRE-QUOTE CONFERENCE

2.6 PRE-QUOTE DOCUMENT REVIEW

3 QUOTE SUBMISSION REQUIREMENTS

3.1 QUOTE SUBMISSION

3.2 BIDDER RESPONSIBILITY

3.3 ANNOUNCEMENT OF QUOTE INFORMATION

3.4 QUOTE ERRORS

3.5 QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

3.6 QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO CONTRACT AWARD

3.7 JOINT VENTURE

3.8 SMALL BUSINESS SET-ASIDE CONTRACTS

3.9 DISABLED VETERANS’ BUSINESS SET-ASIDE CONTRACT

3.10 BID SECURITY

3.11 BIDDER ADDITIONAL TERMS SUBMITTED WITH THE QUOTE

3.12 QUOTE CONTENT

3.13 FORMS, REGISTRATIONS AND CERTIFICATIONS TO BE SUBMITTED WITH QUOTE

3.13.1 OFFER AND ACCEPTANCE PAGE

3.13.2 OWNERSHIP DISCLOSURE FORM

3.13.3 DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

3.13.4 DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER FORM

3.13.5 MACBRIDE PRINCIPLES FORM

3.13.6 SERVICE PERFORMANCE WITHIN THE UNITED STATES

3.13.7 CONFIDENTIALITY/COMMITMENT TO DEFEND

3.13.8 SUBCONTRACTOR UTILIZATION PLAN

3.13.9 RESERVED

3.13.10 AFFIRMATIVE ACTION

3.13.11 RESERVED

3.13.12 STATE OF NEW JERSEY SECURITY DUE DILIGENCE THIRD-PARTY INFORMATION SECURITY QUESTIONNAIRE11

3.13.13 BUSINESS REGISTRATION

3.13.14 CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS PURSUANT TO P.L.2022, C.3 11

3.14 TECHNICAL QUOTE

3.15 MANAGEMENT OVERVIEW

3.16 CONTRACT MANAGEMENT

3.17 CONTRACT SCHEDULE

3.18 MOBILIZATION PLAN

ii

3.19 ADDITIONAL PLANS

3.20 ORGANIZATIONAL EXPERIENCE

3.21 LOCATION

3.22 ORGANIZATION CHARTS

3.23 RESUMES

3.24 EXPERIENCE WITH CONTRACTS OF SIMILAR SIZE AND SCOPE

3.25 FINANCIAL CAPABILITY OF THE BIDDER

3.26 STATE-SUPPLIED PRICE SHEET INSTRUCTIONS

3.26.1 USE OF “NO CHARGE” ON THE STATE-SUPPLIED PRICE SHEET

3.27 ORAL PRESENTATIONS

4 SCOPE OF WORK

4.1 IMPLEMENTATION

4.1.1 TRANSITION FROM LEGACY VID TO NGVID

4.2 PROJECT DESCRIPTIONS AND REQUIREMENTS

4.2.1 PROJECT MANAGEMENT PLAN (PMP)

4.2.2 PROJECT MANAGEMENT

4.3 CONTRACT SCHEDULE

4.4 MANAGEMENT CONSOLE

4.4.1 DASHBOARD OVERVIEW

4.4.2 USER MANAGEMENT

4.4.3 ADMINISTRATION OF INSPECTORS, AUDITORS, EMISSION REPAIR TECHNICIANS, INSPECTION FACILITIES, AND

EMISSION REPAIR FACILITIES

4.4.4 ERT TRAINING MANAGEMENT

4.4.5 MESSAGING

4.4.6 NGWORKSTATION MANAGEMENT

4.4.7 AUDIT ADMINISTRATION AND AUDIT DATA

4.4.8 FRAUD DETECTION AND TRIGGERS

4.4.9 COVERT VEHICLE ADMINISTRATION

4.4.10 INSPECTION DATA RETRIEVAL

4.4.11 REFERENCE TABLE MANAGEMENT

4.4.12 STANDARD AND AD HOC REPORTING

4.4.13 ISSUANCE OF REPLACEMENT, COLLECTOR, AND NEW CAR DEALER INSPECTION STICKERS

4.4.14 CIF QUEUE CAMERAS AND WAIT TIMES

4.4.15 SLA TRACKING

4.4.16 ACCESS TO ISSUE TRACKING SYSTEM

4.4.17 DOCUMENT REPOSITORY

4.5 QUALITY MANAGEMENT

4.6 PROJECT CHANGE MANAGEMENT/CONTROL

4.7 ISSUE TRACKING SYSTEM

4.8 DELIVERABLE REVIEW AND CHANGE TIMELINE

4.9 INSPECTION FACILITIES

4.9.1 PRIVATE INSPECTION FACILITY SUPPORT

4.9.2 CENTRALIZED INSPECTION FACILITY OPERATIONS AND MANAGEMENT

4.9.3 SPECIALITY INSPECTION FACILITIES (SIFS)

4.9.4 TRANSITION, RETROFIT, OPERATIONS, AND MANAGEMENT PLAN

4.10 WORKFORCE

4.10.1 LABOR COSTS

4.10.2 EMPLOYEE TRAINING AND CERTIFICATION

4.10.3 INSPECTOR TRAINING/RETRAINING AND TESTING/RETESTING

4.10.4 LABOR REQUIREMENTS OF P.L. 2025 C.359 (A4618/S3435)

4.10.5 FACILITY MANAGEMENT

4.10.6 STAFFING ROSTER

4.11 RESEARCH

4.12 WAIT TIME SYSTEM

4.13 LANE COMPLAINTS

4.14 VEHICLE DAMAGE

4.15 HOURS OF OPERATION

iii

4.16 MAINTENANCE

4.16.1 INSPECTION EQUIPMENT MAINTENANCE

4.16.2 ROUTINE MAINTENANCE AND OPERATIONS OF BUILDINGS AND GROUNDS

4.16.3 CIF CAPITAL MAINTENANCE, REPAIRS, AND RENOVATIONS AT EXISTING CIFS

4.17 AUDITS

4.17.1 AUDIT COMPONENTS

4.17.2 EQUIPMENT AUDITS

4.17.3 PERFORMANCE AUDITS

4.17.4 RECORD AUDITS

4.17.5 AUDIT SOFTWARE

4.17.6 AUDIT SERVICE LEVEL AGREEMENTS

4.18 TESTING PROCEDURES

4.18.1 EMISSION TEST OVERVIEW

4.18.2 OBD TEST

4.18.3 INDICATOR LIGHT CHECK

4.18.4 VISUAL FUEL CAP TEST

4.18.5 CATALYTIC CONVERTER(S) CHECK AND EMISSIONS CONTROL APPARATUS INSPECTION

4.18.6 VISIBLE SMOKE TEST

4.18.7 VISIBLE FUEL LEAK TEST

4.18.8 MISCELLANEOUS EMISSIONS CHECK

4.18.9 DIESEL SMOKE OPACITY TEST

4.18.10 MECHANICAL INSPECTIONS

4.19 NGWORKSTATION REQUIREMENTS

4.19.1 SYSTEM OVERVIEW

4.19.2 GENERAL REQUIREMENTS

4.19.3 CHANGES FROM THE CURRENT PROGRAM

4.20 NGWORKSTATION EQUIPMENT

4.20.1 PIF/PFF EQUIPMENT

4.20.2 CIF EQUIPMENT

4.20.3 SIF EQUIPMENT

4.20.4 MOBILE TEAM EQUIPMENT

4.20.5 OTHER STATE EQUIPMENT

4.20.6 PIF/PFF TRANSACTION FEES

4.20.7 HARDWARE SPECIFICATIONS

4.20.8 NGWORKSTATION SOFTWARE

4.20.9 NGWORKSTATION SECURITY

4.20.10 NGWORKSTATION USER MANUAL

4.21 RULES ENGINE

4.21.1 ALTERNATIVE SOLUTION(S) TO A RULES ENGINE

4.22 NGVID OVERVIEW

4.22.1 NGVID AND NGWORKSTATION COMMUNICATION

4.23 NEXT GENERATION VEHICLE INFORMATION DATASYSTEM

4.23.1 LEGACY VID OVERVIEW

4.23.2 NGVID DOCUMENTATION DEVELOPMENT AND INITIAL DESIGN TASKS

4.24 NGVID SECURITY

4.24.1 NGVID SECURITY PLAN

4.24.2 BUSINESS CONTINUITY AND DISASTER RECOVERY

4.24.3 SYSTEM BACKUP AND RECOVERY

4.25 NGVID REPORTING

4.26 STATE TECHNOLOGY REQUIREMENTS AND STANDARDS

4.26.1 HOSTING AND BACKUP SERVICES

4.26.2 EXTRANET PLAN

4.26.3 TRANSMISSION OF FILES

4.26.4 COMMUNICATIONS, MESSAGING, AND TRANSACTIONS

4.27 PUBLIC WEBPAGES

4.27.1 WEBPAGE STANDARDS

4.27.2 PUBLIC/EXTERNAL FACING WEBPAGES

4.28 ACCEPTANCE TESTING OF NGWORKSTATIONS AND NGVID

iv

4.28.1 DEVELOPMENT OF ATPS

4.28.2 PERFORMING ATPS

4.28.3 ACCEPTANCE TESTING METHODOLOGY

4.29 OPERATIONAL PHASE DEFECT CORRECTIONS

4.30 NGVID TRANSITION PLAN

4.30.1 PARALLEL OPERATIONS OF LEGACY VID AND NGVID

4.30.2 DATA MIGRATION

4.30.3 DATA CONVERSION AND MIGRATION

4.31 SYSTEM MAINTENANCE AND SUPPORT

4.31.1 INSPECTION EQUIPMENT, MAINTENANCE, AND SUPPORT

4.31.2 NGVID MAINTENANCE AND SUPPORT

4.31.3 NGVID FUNCTIONALITY TRAINING FOR STATE STAFF

4.32 SERVICE LEVEL AGREEMENTS

4.33 PUBLIC INFORMATION AND EDUCATION

4.33.1 MOTORIST HOTLINE

4.34 CLOSEOUT AND DATA TRANSITION PLAN

4.34.1 FACILITY CLOSEOUT

4.34.2 NGVID DATA TRANSFERS

4.34.3 DOCUMENTATION

4.35 NGSYSTEM PLANS, MANUALS, AND SPECIFICATIONS SUMMARY

4.36 APPLE STORE ACCESS

4.37 ADDITIONAL WORK AND/OR SPECIAL PROJECTS

5 GENERAL CONTRACT TERMS

5.1 CONTRACT TERM AND EXTENSION OPTION

5.2 CONTRACT TRANSITION

5.3 PERFORMANCE SECURITY

5.4 OWNERSHIP OF MATERIAL

5.5 SUBSTITUTION OF STAFF

5.6 DELIVERY TIME AND COSTS

5.7 AUTHORIZED DEALER AND/OR DISTRIBUTORS

5.8 LIQUIDATED DAMAGES

5.8.1 NOTIFICATION OF LIQUIDATED DAMAGES

5.8.2 CONDITIONS FOR TERMINATION OF LIQUIDATED DAMAGES

5.8.3 SEVERABILITY OF INDIVIDUAL LIQUIDATED DAMAGES

5.8.4 WAIVER OF LIQUIDATED DAMAGES/LIQUIDATED DAMAGES NOT EXCLUSIVE REMEDY

5.8.5 PAYMENT OF LIQUIDATED DAMAGES

5.9 RETAINAGE

5.10 ELECTRONIC PAYMENTS

5.11 PROCUREMENT EFFICIENCY PROGRAM

6 DATA SECURITY REQUIREMENTS – CONTRACTOR RESPONSIBILITY

6.1 SECURITY PLAN

6.2 COMPLIANCE

6.3 PERSONNEL SECURITY

6.4 SECURITY AWARENESS AND TRAINING

6.5 PRIVACY

6.6 MEDIA PROTECTION

6.7 REMOTE ACCESS

6.8 MOBILE DEVICE SECURITY

6.9 PROJECT AND RESOURCE MANAGEMENT

6.10 THIRD PARTY MANAGEMENT

6.11 INCIDENT RESPONSE

7 MODIFICATIONS TO THE STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS

7.1 INDEMNIFICATION

7.2 INSURANCE

7.2.1 PROFESSIONAL LIABILITY INSURANCE

v

7.2.2 CYBER BREACH INSURANCE

7.2.3 LIMITATION OF LIABILITY OPTIONS

8 QUOTE EVALUATION AND AWARD

8.1 RIGHT TO WAIVE

8.2 DIRECTOR’S RIGHT TO ACCEPT OR REJECT A QUOTE

8.3 RECIPROCITY FOR JURISDICTIONAL BIDDER PREFERENCE

8.4 CLARIFICATION OF QUOTE

8.5 ORAL PRESENTATION

8.6 TIE QUOTES

8.7 STATE'S RIGHT TO INSPECT BIDDER’S FACILITIES

8.8 STATE'S RIGHT TO CHECK REFERENCES

8.9 EVALUATION CRITERIA

8.9.1 TECHNICAL EVALUATION CRITERIA

8.9.2 PRICE EVALUATION

8.10 QUOTE DISCREPANCIES

8.11 NEGOTIATION

8.12 BEST AND FINAL OFFER (BAFO)

8.13 “REQUEST FOR REVISION” WITHIN NJSTART

8.14 POOR PERFORMANCE

8.15 RECOMMENDATION FOR AWARD

8.16 CONTRACT AWARD

9 GLOSSARY

9.1 CROSSWALK

9.2 DEFINITIONS

9.3 CONTRACT-SPECIFIC DEFINITIONS

9.4 CONTRACT SPECIFIC ACRONYMS

ATTACHMENT 1 – Combined State of New Jersey Standard Terms and Conditions (6/3/2025)

ATTACHMENT 2 – Standard Procurement Forms Packet

APPENDICES:

1 – Current Collective Bargaining Agreement

2 – P.L. 2025, c.359 (A4618/S3435)

3.1 A – Applicable Regulations

3.2 A – Reporting

3.2 B – CIF Inspection Data

3.2 C – Historical Wait Times (3 years) and other Inspection Data

3.2 D – Video Monitoring System Specifications

3.2 E – Undercarriage Video Inspection System Specifications

3.2 F – Web Cam Snapshot View Specifications

3.2 G – Maintenance and Operations of Building and Grounds

3.2 H – Lifts, Brakes, and Air Compressors Specifications

3.2 J – State Audits Requirements

3.3 A – Mechanical Inspection Process

3.4 A – OBD Hardware Specification

3.4 B – Legacy OBD Flow Process

3.4 C – OBD Exclusion List

3.4 D – AAMVA Barcode Definitions

3.4 E – Vehicle Inspection Report

3.4 F – Rules Engine Communications and Logic Specifications

3.5 A – Legacy VID (Data and Table Volumes)

3.5 B – Legacy DEXML and XML Schema

3.6 A – BIT/MIT Vehicle Specifications and Diagrams

vi

1 INTRODUCTION AND SUMMARY OF THE BID SOLICITATION

This Bid Solicitation is issued by the Department of the Treasury, Division of Purchase and Property (Division), Procurement Bureau, on behalf of the New Jersey Motor Vehicle Commission (MVC) and Department of Environmental Protection (DEP). Quotes submitted in response to this Bid Solicitation shall be through the State of New Jersey’s eProcurement system, NJSTART. Bidders are advised to thoroughly read all sections of this Bid Solicitation and follow all instructions.

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. Bidders should utilize the QRGs before attempting to submit a Quote through NJSTART. It is the Bidder’s responsibility to ensure that the 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 Contract via this email address.

1.1 PURPOSE, AND INTENT AND BACKGROUND

The purpose of this Bid Solicitation is to solicit Quotes for implementing the next generation Motor Vehicle Inspection and Maintenance program (NGSystem). The Inspection and Maintenance (I/M) program is the mandatory periodic inspections of vehicles to ensure compliance with standards established by the State and federal government.

It is the intent of the State of New Jersey (State) to award a Contract to that responsible Bidder whose Quote, conforming to this Bid Solicitation is most advantageous to the State, price and other factors considered. The State may award any or all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Contract during the Contract term, when deemed by the Director of the Division (Director) to be in the State’s best interest.

This Bid Solicitation is classified as a Small Business Subcontracting Set Aside. Please see Bid Solicitation Section 3.13.8.1 for more information.

The State of New Jersey Standard Terms and Conditions (SSTCs) included with this Bid Solicitation will apply to all Contracts made with the State. 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.

1.2 BACKGROUND

This is a reprocurement of the services under T1628 Enhanced Motor Vehicle Inspection/Maintenance System. Bidders interested in reviewing the expiring Contract’s specifications and pricing information may do so by following the instructions below. Bidders should not rely upon or use data or information from the expiring Contract when preparing a response to this Bid Solicitation as this Bid Solicitation addresses the State’s current requirements.

• Go to: www.njstart.gov

• In the search bar, select “Contracts” from the drop down menu

• Enter “T1628” and click “ ”

• The expiring Contract list will appear under “Results”

1.2.1 PROGRAM HISTORY

The Clean Air Act (CAA) Amendments of 1990 gave the United States Environmental Protection Agency (EPA) the authority to require metropolitan areas designated as serious, severe or extreme non-attainment for carbon monoxide or ozone to implement a I/M program. In New Jersey, MVC and DEP are State partners in the effort to protect the health and safety of New Jersey residents by overseeing the I/M program. The I/M program has gone through many changes since its inception over 81 years ago, when it was introduced as a vehicle safety initiative. Many of these changes are due to the passage and amendment of various State and federal laws and regulations, including the CAA Amendment of 1990. A brief history of recent program changes is outlined below.

The enhanced version of the I/M program was adopted on August 28, 1995. This program is an integral part of New Jersey’s compliance plan with the National Ambient Air Quality Standards (NAAQS), and a component of the State Implementation Plan (SIP) which is designed to attain and maintain the health-based NAAQS for ozone, fine particulate matter, and carbon monoxide, thereby improving air quality and protecting the health and safety of the State’s residents as well as the environment. Although the MVC operates the I/M program, DEP is the lead agency responsible for ensuring the State meets the mandates of the CAA, its amendments and federal regulations. Further, DEP is charged with monitoring compliance with the SIP.

In August 1998, the State of New Jersey awarded a contract to privatize the centralized vehicle inspection program. The contractor retrofitted/built and equipped 132 inspection lanes, designed and built a vehicle inspection database, and assumed the operation of the Centralized Inspection Facilities (CIFs). Private Inspection Facilities (PIFs) remained as part of New Jersey’s I/M program.

https://www.state.nj.us/treasury/purchase/vendor.shtml mailto:njstart@treas.nj.gov http://www.njstart.gov/

The I/M program also has a diesel component that requires all heavy-duty diesel vehicles (HDDV), over 17,999 lbs. receive a visible smoke test, opacity test and after treatment indicator light checks which can be conducted by any PIF or Private Fleet Facility (PFF).

1.2.2 CURRENT PROGRAM

The current I/M program is considered a Hybrid System, meaning it utilizes both centralized test-only inspection sites and private test-and-repair facilities. There are approximately 2,100,000 emission inspections performed annually (full statistics are available in the 2023 New Jersey I/M program Annual Report The State of New Jersey.)

1.2.2.1 CURRENT I/M PROGRAM NETWORK

The current inspection network is made up of three (3) components: centralized facilities; State- staffed inspection teams; and PIFs/PFFs. These components function as follows:

A. Centralized Inspection Facility (CIF) – The State funds this program’s operation and the Contractor’s staff conducts the inspections. According to the 2023 New Jersey I/M Annual Report (Table 1 in above referenced link), 88.3% of emission inspections are performed at 25 CIFs currently located throughout the State.

B. The State operates and staffs approximately 75 Mobile Inspection vehicles. Vehicles are upfitted and configured for the specific types of inspections that MVC conducts. Inspection types include diesel powered vehicle roadside, school bus inspections, commercial bus inspections, private passenger and commercial vehicle roadside. The State performs approximately 102,000 mobile inspections per year.

C. Specialty Inspection Facility (SIF) – The State operates and staffs four (4) one-lane specialty facilities to conduct specialized inspections, which include: salvage inspections on vehicles declared a “total loss” by insurance companies; other inspections such as retired buses and other specialty vehicles; and to resolve customer disputes. The current Contractor supplies all workstations and maintains the equipment.

D. Private Inspection Facilities (PIFs) – The current Contractor supplies and maintains the equipment and the business owner operates the equipment and maintains the facility. PIFs include:

1. Private Inspection Facilities (PIF) – The program includes 1003 licensed private facilities that provide emission inspection services. These facilities are open to the public. Some PIFs also offer repair services for mechanical failure issues and, if specifically registered with the State, may offer emission repair services.

Type of PIF Number of Facilities

On-Board Diagnostics (OBD) 739

Diesel Only 181

OBD/Diesel 83

2. Private Fleet Facilities (PFF) – The program includes 131 licensed facilities that provide mechanical and emission inspections services for vehicles of private fleet owners (10 or more vehicles) and are not open to the public.

Type of PFF Number of Facilities

On-Board Diagnostics (OBD) 14

Diesel Only 89

OBD/Diesel 28

3. Emission Repair Facilities (ERFs) – Approximately, 562 ERFs are registered by MVC to perform emission repairs on vehicles rejected during inspection. These independently owned, registered shops must have at least one (1) State-certified Emission Repair Technician (ERT), specially trained in motor vehicle emissions repair, to perform or supervise these repairs.

1.2.3 ADMINISTRATION

MVC and DEP are the two State agencies involved in oversight of the I/M program. MVC staff are responsible for managing and staffing certain inspection-related portions of the program while DEP staff are responsible for monitoring environmental portions of the program. MVC will be responsible for managing the Implementation Oversight Contractor (IOC). The agencies have administrative responsibilities which are outlined below:

A. Licensing – Entails the licensure of all facilities and inspectors, a certification program for ERTs and a registration program for ERFs and inspector training providers;

B. Enforcement – Includes audits of the operations and equipment at all inspection facilities, covert and overt inspection to detect and curtail fraud, and other enforcement activities such as mobile inspections;

https://dep.nj.gov/wp-content/uploads/stopthesoot/pdf/annual-reports/nj2023_annual_report.pdf

C. Program Evaluation – Consists of management tools to verify the accuracy of the standard inspection process and roadside inspection to gather data regarding vehicle emissions; and

D. Public Information and Education (PI&E) – Involves the use of various methods of communication to advise motorists and key stakeholders of I/M program requirements and environmental benefits.

1.2.4 EMISSION AND MECHANICAL INSPECTIONS

A. In August 2010, mechanical inspections were eliminated for private passenger vehicles only. In July 2023 the New Jersey Department of Environmental Protection promulgated rules to include emissions and emissions related component testing for Medium Duty Diesel Vehicles (MDDV). In April 2025 the New Jersey Motor Vehicle Commission promulgated rules that require MDDVs to be inspected on an annual basis (see 57 N.J.R. 716(b)). Emissions tests are performed on the following in accordance with MVC and DEP rules and regulations:

1. Light Duty Gasoline Vehicles (LDGV);

2. Light Duty Gasoline Trucks (LDGT);

3. Light Duty Diesel Vehicles (LDDV);

4. Medium Duty Diesel Vehicles (MDDV);

5. Heavy Duty Gasoline Vehicles (HDGV); and

6. Heavy Duty Diesel Vehicles (HDDV).

B. Emission test components for gasoline and diesel vehicles (LDGV, LDGT, HDGV, LDDV) are:

1. A visible smoke test;

2. An on-board diagnostic (OBD) test;

3. An emission control apparatus compliance examination (i.e., visual catalytic converter(s) check);

4. A visual fuel cap test; and

5. Visual fuel leak test.

C. Emission test components for MDDV are:

2. An opacity test with a certified smoke meter if vehicle is not OBD eligible;

3. After treatment and Malfunction Indicator (MIL) light checks if applicable;

4. An On-board diagnostics (OBD) test if applicable;

5. A visual fuel leak test; and

6. An emission control apparatus examination

D. Emission test components for HDDV are:

2. An opacity test with a certified smoke meter if vehicle is not OBD eligible;

3. After treatment and Malfunction Indicator (MIL) light checks if applicable;

4. An On-board diagnostics (OBD) test if applicable;

5. A visual fuel leak test; and

6. An emission control apparatus examination

Passenger vehicles less than five (5) years old are exempt from inspection requirements. This exemption does not apply to commercial vehicles which receive a one (1) year exemption.

1.2.5 VEHICLE INFORMATION DATABASE (VID)

The current VID system collects data from the inspection facilities, generates reports, performs other data management functions and has multiple communication protocols. The VID system is essential to the I/M program because it allows the measurement of compliance with the SIP. All current VID system hardware and software components were provided by the current I/M vendor;

however, the State retains ownership of the communications protocols, transaction structures, data warehouse and reporting, and websites. The Contractor must provide a VID to replace the current system. The new VID will be referred to as the Next Generation VID (NGVID) throughout this Bid Solicitation and the current VID system will be referred to as the “Legacy VID.”

1.3 CONTRACT AMOUNT

The estimated amount of the Contract, if stated, shall not be construed as either the maximum or minimum amount which the State shall be obliged to order.

https://advance.lexis.com/api/document/collection/administrative-codes/id/6FF8-9323-RRV9-C122-00008-00?cite=57%20N.J.R.%20716(b)&context=1000516

1.4 ORDER OF PRECEDENCE OF CONTRACTUAL TERMS

The Contract awarded, and the entire agreement between the parties, as a result of this Bid Solicitation shall consist of: (1) the final Bid Solicitation, (2) the State of New Jersey Standard Terms and Conditions, (3) the Quote, and if applicable (4) any Bidder responses to clarifications; (5) a Bidder’s Best and Final Offer, (6) other negotiated document, and/or (7) third party document. In the event of a conflict in the terms and conditions among the documents comprising this Contract, the order of precedence, for purposes of interpretation thereof, shall be as listed from highest ranking to lowest ranking as noted above.

Any other terms or conditions, not included with the Bidder’s Quote and accepted by the State, shall not be incorporated into the Contract awarded. Any references to external documentation, including those documents referenced by a URL, including without limitation, technical reference manuals, technical support policies, copyright notices, additional license terms, etc., are subject to the terms and conditions of the Bid Solicitation and the State of New Jersey Standard Terms and Conditions. In the event of any conflict between the terms of a document incorporated by reference, the terms and conditions of the Bid Solicitation and the State of New Jersey Standard Terms and Conditions shall prevail.

1.5 INTRASTATE COOPERATIVE PURCHASING

Not applicable to this procurement.

2 PRE-QUOTE SUBMISSION INFORMATION

The Bidder assumes sole responsibility for the complete effort required in submitting a Quote and for reviewing the Quote submission requirements and the Scope of Work requirements.

2.1 ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Bidders via the “Q&A” Tab of the Bid Solicitation in NJSTART. Questions should be directly tied to a Bid Solicitation Section, the State-Supplied Price Sheet, Form or Attachment; and should reference the specific Bid Solicitation Section or document to which it relates.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation is indicated on the Bid Solicitation cover page. In the event that questions are posed by Bidders, answers to such questions will be issued by Bid Amendment.

A 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 Contract award.

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

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

2.3 BID AMENDMENTS

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 will become part of this Bid Solicitation and part of any Contract awarded. Bid Amendments will be posted as a file attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date.

There are no designated dates for release of Bid Amendments. Those 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 Bidder is not on the bid holder list, Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

It is the sole responsibility of the Bidder to be knowledgeable of all Bid Amendments related to this procurement. An interested Bidder should check the NJSTART “Open Bids” Tab on a daily basis to ensure review of the most updated information.

2.4 MANDATORY SITE VISIT

A Mandatory Site Visit has been scheduled for this procurement on the date and time indicated on the Bid Solicitation cover sheet.

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

1. Bakers Basin Inspection Facility 3200 Brunswick Pike Rte. 1 North, Lawrenceville, NJ 08648 (6 Lane Station, built in 1956) Saturday, May 9, 2026 at 1:00 PM Eastern Time

2. Flemington Inspection Facility 181 NJ-31 & 202 B, Flemington, NJ 08822 (3 Lane Station, built in 1978) Saturday, May 9, 2026 at 2:30 PM Eastern Time

3. Washington Inspection Facility 108 NJ-31 Pershing Avenue Entrance, Washington, NJ 07882 (1 Lane Station, built in 1938) Saturday, May 9, 2026 at 4:00 PM Eastern Time

4. Eatontown Specialty Inspection Facility 109 NJ-36, Eatontown, NJ 07724 (2 Lane Station, built in 2000 and modified for SIF in 2024) Saturday, May 9, 2026 at 6:15 PM Eastern Time

An attendee may represent only one (1) potential bidding entity. Each bidding entity is limited to two (2) attendees. The Mandatory Site Visit may be recorded, however, attendees may not record video or take photographs themselves. If the State records the Mandatory Site Visit, the recording will become available with the Bid Solicitation Award File.

Bidders must attend the site visit at all four (4) sites listed above. The Eatontown site visit will include a Mobile Inspection Team, Bus Inspection Team, and Commercial Bus Inspection Vehicle on-site for Bidder review.

A Quote from any Bidder that was not represented or failed to register properly at the Mandatory Site Visit will be rejected.

No questions or inquiries will be accepted or answered during the mandatory site visits. All questions must be submitted during the Electronic Question and Answer Period.

2.5 OPTIONAL PRE-QUOTE CONFERENCE

The date and time of the Optional Pre-Quote Conference is indicated on the Bid Solicitation cover sheet. Attendees may attend the Optional Pre-Quote Conference with the following video conference and/or call-in details:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/294416651329638?p=20iIRvIrsmqfPBoXrD

Meeting ID: 294 416 651 329 638 Passcode: mL2nV2qq

Dial in by phone +1 856-338-7074,,12985964# United States, Camden

Phone conference ID: 129 859 64#

The Optional Pre-Quote Conference may be recorded.

The purpose of the Optional Pre-Quote Conference is to address procedural questions regarding the Bid Solicitation and Bidder Quote Submission Requirements only. No substantive questions regarding the Bid Solicitation Scope of Work will be accepted or answered during the pre-Quote conference. All substantive questions shall be submitted during the Electronic Question and Answer Period.

2.6 PRE-QUOTE DOCUMENT REVIEW

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

A. N.J.A.C. 7:27-14, Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles;

B. N.J.A.C. 7:27-15 Control and Prohibition of Air Pollution from Gasoline-Fueled Motor Vehicles;

C. N.J.A.C. 7:27B-4 Air Test Method 4: Testing Procedures for Diesel-Powered Motor Vehicles;

D. N.J.A.C. 7:27B-5 Air Test Method 5: Testing Procedures for Gasoline-Fueled Motor Vehicles;

E. N.J.A.C. 13:20-7 Vehicle Inspection F. N.J.A.C. 13:20-26 Compliance With Diesel Emission Standards And Equipment, Periodic Inspection Program For Diesel

Emissions And Self-Inspection Of Certain Classes Of Motor Vehicles;

G. N.J.A.C. 13:20-28 Inspection of New Motor Vehicles And New Heavy-Duty Diesel Trucks H. N.J.A.C. 13:20-29 Mobile Inspection Unit;

I. N.J.A.C. 13:20-30 Inspection of School Buses;

J. N.J.A.C. 13:20-32 Inspection Standards and Test Procedures To Be Used By Official Inspection Facilities;

K. N.J.A.C. 13:20-43 Enhanced Motor Vehicle Inspection and Maintenance Program;

L. N.J.A.C. 13:20-44 Private Inspection Facility Licensing;

M. N.J.A.C. 13:20-45 Motor Vehicle Emission Repair Facility Registration;

N. N.J.A.C. 13:20-46 Diesel Emission Inspection and Maintenance Program; and O. NJ Annual I/M Program Report to US EPA: https://dep.nj.gov/stopthesoot/enhanced-inspection-and-maintenance-program/

Refer to the following link for access to the New Jersey Administrative Code and New Jersey Statutes Annotated listed above and additional references throughout the Scope of Work, Section 4.0 of this Bid Solicitation: https://nj.gov/state/dos-statutes.shtml https://teams.microsoft.com/meet/294416651329638?p=20iIRvIrsmqfPBoXrD tel:+18563387074,,12985964 https://dep.nj.gov/stopthesoot/enhanced-inspection-and-maintenance-program/ https://nj.gov/state/dos-statutes.shtml

3 QUOTE SUBMISSION REQUIREMENTS

3.1 QUOTE SUBMISSION

In order to be considered for award, the Quote must be received electronically by the Division’s Proposal Review Unit, through NJSTART, by the required date and time.

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 will 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.

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)

When submitting a Quote through NJSTART, do not use any symbols (i.e., #, @, $, &, *) in the filename as this may prevent the Quote from being properly uploaded. Uploaded files must be compatible with Microsoft Office and/or Adobe software applications. DO NOT UPLOAD files with extensions such as .zip, .numbers, or .pages.

When uploading the documents to NJSTART, the Bidder should select the “Confidential” option in NJSTART for attachments on the “Attachments” Tab to request that the documents not be displayed publicly through NJSTART. Marking an attachment as "Confidential" in NJSTART shall not constitute the Bidder's designation of the attachment as exempt from public disclosure 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.

3.2 BIDDER RESPONSIBILITY

The 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 Bidder’s failure to be knowledgeable as to all of the requirements of this Bid Solicitation. The State assumes no responsibility and bears no liability for costs incurred by a Bidder in the preparation and submittal of a Quote in response to this Bid Solicitation or any pre-contract award costs incurred.

3.3 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 otherwise noted:

A. Information appropriately designated as proprietary and/or confidential in a Bidder’s Quote shall not be available for inspection and copying; and

B. Where negotiation is contemplated, only the names and addresses of the 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.

3.4 QUOTE ERRORS

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

3.5 QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

A Bidder may withdraw its Quote submission in NJSTART prior to the Quote opening; however, Bidders should note that while withdrawn NJSTART Quotes remain viewable by the Bidder on its Vendor Profile Homepage, they are removed from the Division’s view and cannot be considered for Contract award. The Bidder may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission. Bidders may refer to the QRG “Submit a Quote” for additional instructions.

3.6 QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO CONTRACT AWARD

If, after the Quote opening, but before Contract award, a Bidder discovers an error in its Quote, the Bidder may make a written request to the Procurement Bureau to withdraw its Quote from consideration for award. If the 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 Bidder’s offer, the request shall be granted. Evidence of the 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 Contract resulting from the Quote would be unconscionable; that the mistake relates to a material feature or term of the Contract; and that the mistake occurred notwithstanding the Bidder’s exercise of reasonable care. After Quote opening, while pursuant to the provisions of this section a Bidder may request to withdraw its Quote and the Director may in his/her discretion allow said Bidder to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Bidder and take those prior requests to withdraw into consideration when evaluating the Bidder’s future Quotes.

The Quote withdrawal request must include the Bid Solicitation Number, Bid Solicitation Title, and 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 Contract awardee is found, the Director or his/her designee shall issue written notice to the Bidder. The Bidder will have up to five (5) Business Days after receipt of the notice to confirm its pricing. If the Bidder fails to respond, its Quote shall be considered withdrawn, and no further consideration shall be given to it.

3.7 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 complete and comply with all the forms and certification requirements in Bid Solicitation Section 3 – Quote Submission Requirements.

3.8 SMALL BUSINESS SET-ASIDE CONTRACTS

Not applicable to this procurement.

3.9 DISABLED VETERANS’ BUSINESS SET-ASIDE CONTRACT

Not applicable to this procurement.

3.10 BID SECURITY

Not applicable to this procurement.

3.11 BIDDER ADDITIONAL TERMS SUBMITTED WITH THE QUOTE

A Bidder may submit additional terms as part of its Quote. Additional terms are Bidder-proposed terms or conditions that do not conflict with the scope of work required in this Bid Solicitation, the terms and conditions of this Bid Solicitation, or the State of New Jersey Standard Terms and Conditions. Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions will render a Quote non-responsive. It is incumbent upon the Bidder to identify and remove its conflicting proposed terms and conditions prior to Quote submission.

Quotes including Bidder proposed additional terms may be accepted, rejected, or negotiated, in whole or in part, at the State’s sole discretion.

If Bidder intends to propose terms and conditions that conflict with the State of New Jersey Standard Terms and Conditions, those Bidder proposed terms and conditions shall only be considered if submitted and agreed to pursuant to the electronic question and answer procedure. Bidders shall not submit exceptions or modifications as part of the Quote or on the “Terms and Conditions” Tab through NJSTART.

3.12 QUOTE CONTENT

The Quote should be submitted with the attachments organized in the following manner:

• Forms

• Technical Quote

• State-Supplied Price Sheet

A Bidder should not password protect any submitted documents. Use of URLs in a Quote should be kept to a minimum and shall not be used to satisfy any material term of a Bid Solicitation. If a preprinted or other document included as part of the Quote contains a URL, a printed copy of the information should be provided and will be considered as part of the Quote.

3.13 FORMS, REGISTRATIONS AND CERTIFICATIONS TO BE SUBMITTED WITH QUOTE

A Bidder is required to complete and submit the following forms. As an alternative to uploading certain forms with the submitted Quote, a Bidder may complete several certifications electronically in NJSTART on the “Terms and Categories” Tab within the Vendor Profile. Those forms that may be completed on the NJSTART “Terms and Categories” Tab are noted below. Additionally, a Bidder may attach completed forms to the Vendor Profile. Refer to QRGs “Vendor Forms” and “Attaching Files” for additional instructions.

VENDOR QUICK REFERENCE GUIDES

mailto:Procurement.Bureau@treas.nj.gov https://www.state.nj.us/treasury/purchase/vendor.shtml

3.13.1 OFFER AND ACCEPTANCE PAGE

The Bidder should complete and submit the Offer and Acceptance Page with the Quote. The Offer and Acceptance Page must be signed by an authorized representative of the Bidder. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request or the State may deem the Quote non-responsive.

3.13.2 OWNERSHIP DISCLOSURE FORM

Pursuant to N.J.S.A. 52:25-24.2, in the event the Bidder is a corporation, partnership or limited liability company, the Bidder must disclose all 10% or greater owners by (a) completing and submitting the Ownership Disclosure Form with the Quote; (b) if the Bidder has submitted a signed and accurate Ownership Disclosure Form dated and received no more than six (6) months prior to the Quote submission deadline for this procurement, the Division may rely upon that form; however, if there has been a change in ownership within the last six (6) months, a new Ownership Disclosure Form must be completed, signed and submitted with the Quote; or, (c) a Bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest. N.J.S.A. 52:25-24.2.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this form online in NJSTART on the “Terms and Categories” Tab.

A Bidder’s failure to submit the information required by N.J.S.A. 52:25-24.2 will result in the rejection of the Quote as non-responsive and preclude the award of a Contract to said Bidder.

3.13.3 DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

The Bidder should submit Disclosure of Investment Activities in Iran form to certify that, pursuant to N.J.S.A. 52:32-58, neither the Bidder, nor one (1) of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither the Bidder, nor one (1) of its parents, subsidiaries, and/or affiliates, is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the Bidder is unable to so certify, the Bidder shall provide a detailed and precise description of such activities as directed on the form. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request or the State may deem the Quote non-responsive.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.

3.13.4 DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER FORM

The Bidder should submit the Disclosure of Investigations and Other Actions Involving Bidder Form, with its Quote, to provide a detailed description of any investigation, litigation, including administrative complaints or other administrative proceedings, involving any public sector clients during the past five (5) years, including the nature and status of the investigation, and, for any litigation, the caption of the action, a brief description of the action, the date of inception, current status, and, if applicable, disposition. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request or the State may deem the Quote non-responsive.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.

3.13.5 MACBRIDE PRINCIPLES FORM

The Bidder should submit the MacBride Principles Form. Pursuant to N.J.S.A. 52:34-12.2, a Bidder is required to certify that it either has no ongoing business activities in Northern Ireland and does not maintain a physical presence therein or that it will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principles of nondiscrimination in employment as set forth in N.J.S.A. 52:18A-89.5 and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of their compliance with those principles. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request or the State may deem the Quote non-responsive.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.

https://www.state.nj.us/treasury/purchase/forms/OfferandAcceptance.pdf https://www.state.nj.us/treasury/purchase/forms/OwnershipDisclosure.pdf https://www.state.nj.us/treasury/purchase/forms/DisclosureofInvestmentActivitiesinIran.pdf https://www.state.nj.us/treasury/purchase/forms/DisclosureofInvestigations.pdf https://www.state.nj.us/treasury/purchase/forms/MacBridePrinciples.pdf

3.13.6 SERVICE PERFORMANCE WITHIN THE UNITED STATES

The Bidder should submit a completed Source Disclosure Form. Pursuant to N.J.S.A. 52:34-13.2, all Contracts primarily for services shall be performed within the United States. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) Business Days of the State’s request or the State may deem the Quote non-responsive.

3.13.7 CONFIDENTIALITY/COMMITMENT TO DEFEND

Pursuant to the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., or the common law right to know, Quotes can be released to the public in accordance with N.J.A.C. 17:12-1.2(b) and (c).

The Bidder should submit a completed and signed Confidentiality/Commitment to Defend Form with the Quote. In the event that the Bidder does not submit the Confidentiality form with the Quote, the State reserves the right to request that the Bidder submit the form after Quote submission.

After the opening of sealed Quotes, all information submitted by a Bidder in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Bidder. Proprietary, financial, security and confidential information may be exempt from public disclosure by OPRA and/or the common law when the 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 Contract is announced.

As part of its Quote, a Bidder may request that portions of the Quote be exempt from public disclosure under OPRA and/or the common law. The 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. The State will not honor any attempts by a Bidder to designate its State-Supplied Price Sheet, Price List/Catalog, and/or the entire Quote as proprietary and/or confidential, and/or to claim copyright protection for its entire Quote. If the State does not agree with a Bidder’s designation of proprietary and/or confidential information, the State will use commercially reasonable efforts to advise the Bidder. Copyright law does not prohibit access to a record which is otherwise available under OPRA.

The State reserves the right to make the determination as to what to disclose in response to an OPRA request. Any information that the State determines to be exempt from disclosure under OPRA will be redacted.

In the event of any challenge to the Bidder’s assertion of confidentiality that is contrary to the State’s determination of confidentiality, the 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 Bidder. The State assumes no such responsibility or liability.

In order not to delay consideration of the Quote or the State’s response to a request for documents, the State requires that 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.

3.13.8 SUBCONTRACTOR UTILIZATION PLAN

Bidders intending to use Subcontractor(s) shall list all Subcontractors on the Subcontractor Utilization Plan form or may list the Subcontractor(s) on the “Subcontractor” Tab in NJSTART.

For a Quote that does NOT include the use of any Subcontractors, the Bidder is automatically certifying that, if selected for an award, the Bidder will be performing all work required by the Contract.

If it becomes necessary for the Contractor to substitute a Subcontractor, add a Subcontractor, or substitute its own staff for a Subcontractor, the Contractor will identify the proposed new Subcontractor or staff member(s) and the work to be performed.