T1628 Revised Bid Solicitation 04.26.2021.docx

Vendor’s {Bidder’s} 1st Round Electronic Question Due Date (Refer to Bid Solicitation Section 1.3.1 for more information.)

Vendor’s {Bidder’s} 2nd Round Electronic Question Due Date (Refer to Bid Solicitation Section 1.3.1 for more information.)

Vendor’s {Bidder’s} 3rd Round Electronic Question Due Date (Refer to Bid Solicitation Section 1.3.1 for more information.)

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

NOT APPLICABLE

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

September 15, 2019

9:00 AM

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

November 7, 2019 May August 7, 2020 June 11, 2021

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.

☒ 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 Using Agency/Agencies

Trenton, New Jersey 086250230

Date: 8/28/2019 03/13/2020 05/15/2020 03/01/2021

Table of Contents

APPENDICES

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 – Equipment to be Removed and/or Replaced

3.2 E – Video Monitoring System Specifications

3.2 F – Undercarriage Video Inspection System Specifications

3.2 G – Web Cam Snapshot View Specifications

3.2 H – Maintenance and Operations of Building and Grounds

3.2 J – Lifts, Brakes, and Air Compressors Specifications

3.2 K – 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

CIF WAIT TIME DOCUMENTS

CIF Inspection Data Last 12 Months Wait Time – August 2019 Wait Time – July 2019 Wait Time – June 2019 Wait Time – May 2019

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 HYPERLINK "http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml" NJSTART Vendor Support Page ( HYPERLINK "http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml" http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml), 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 Motor Vehicle Commission (MVC) and the Department of Environmental Protection (DEP). 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 assure compliance with standards established by the State and the federal government.

The intent of this Bid Solicitation is to award a Master Blanket Purchase Order (Blanket P.O.) to that responsible Vendor {Bidder} whose Quote, conforming to this Bid Solicitation, is most advantageous to the State, price and other factors considered. The State may award any and all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket P.O. during the Blanket P.O. term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.

This Bid Solicitation is a classified as a sub-contracting set-aside for Small Business Enterprises (SBE) and Disabled Veteran-Ownded Businesses (DVOB). Please see Bid Solicitation Section 4.4.1.6 for more details regarding this requirement.

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

BACKGROUND

This is a reprocurement of the services under T1628 – Enhanced Motor Vehicle Inspection/ Maintenance System presently due to expire on November 5, 2019. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T1628 at www.njstart.gov by following these steps:

Go to: https://www.njstart.gov/bso/external/purchaseorder/poSummary.sdo?docId=71414&releaseNbr=0&parentUrl=contract Select “Contract & Bid Search” Select “Contracts/Blankets” Under “Contract/Blanket Description” type in T1628, Click “Find It” The current Blanket P.O. will appear under “Results.”

Vendors {Bidders} are cautioned that this new Bid Solicitation addresses current requirements.

Vendors {Bidders} should not rely upon or use data from the prior Blanket P.O.

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.

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).

CURRENT PROGRAM

The current I/M program is considered a Hybrid System, meaning it utilizes both centralized test-only inspection sites and PIFs. There are approximately 2,100,000 emission inspections performed annually (full statistics are available in the 2017 New Jersey I/M program Annual Report or www.nj.gov/dep/bmvim/NJ2017_Annual_Report.pdf.

CURRENT I/M PROGRAM NETWORK

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

A. Centralized Inspection Facility (CIF) – The State funds this program’s operation and the Vendor’s {Contractor’s} staff conducts the inspections. According to the 2017 New Jersey I/M Annual Report (Table 1 in above referenced link), 89.5% of emission inspections are performed at approximately 25 CIFs currently located throughout the State.

B. The State operates and staffs 75 Mobile Inspection Teams (MITs) which include diesel roadside teams, and bus inspection teams, for both commercial buses and school buses. The State also performs diesel roadside inspection which test for smoke opacity using approximately three (3) mobile workstations to perform approximately 103,000 mobile inspections per year.

C. Specialty Inspection Facility (SIF) – The State operates and staffs three (3) 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 Vendor {Contractor} supplied all the workstations and maintains the equipment.

D. Private Inspection Facilities (PIFs) – The current Vendor {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 1,173 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.

2. Private Fleet Facilities (PFF) – The program includes 110 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.

3. Emission Repair Facilities (ERF) – Approximately, 874 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.

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;

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.

EMISSION AND MECHANICAL INSPECTIONS

A. In August 2010, mechanical inspections were eliminated for private passenger vehicles only. 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. Heavy Duty Gasoline Vehicles (HDGV); and

5. 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);

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

4. A visual fuel cap test; and

5. Visual fuel leak test.

C. Emission test components for HDDV are:

1. A visible smoke test;

2. An opacity test with a certified smoke meter; and

3. After treatment indicator light checks.

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.

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 Vendor {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.”

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 HYPERLINK "http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml" NJSTART Vendor Support Page. NJSTART Vendor Support Page.

A Vendor {Bidder} shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation, prior to the final award of the Blanket P.O.

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

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

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

SUBMISSION OF QUOTES

In order to be considered for award, the Quote must be received by the Procurement Bureau of the Division at the appropriate location by the required time. Vendors {Bidders} shall submit a Quote electronically through NJSTART.

THE DATE AND TIME OF THE QUOTE OPENING ARE INDICATED ON THE BID SOLICITATION COVER SHEET AND ON THE “SUMMARY” TAB OF THE BID SOLICITATION WEBPAGE WITHIN NJSTART.

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

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

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

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

In order to be considered for award, the Quote must be received by the Procurement Bureau of the Division at the appropriate location by the required time. Vendors {Bidders} shall submit a Quote electronically through NJSTART.

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

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

Procedural inquiries concerning the use of NJSTART may be directed to HYPERLINK "mailto:njstart@treas.nj.gov" njstart@treas.nj.gov and/or (609) 341-3500.

The Division will not respond to substantive questions related to the Bid Solicitation or any other Blanket P.O. via this e-mail address or phone number. 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 HYPERLINK "http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml" NJSTART Vendor Support Page, which contains Quick Reference Guides (QRGs), supporting videos, a glossary of NJSTART terms, and helpdesk contact information.

The Vendor {Bidder} should utilize the QRGs before attempting to submit its Quote using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote and attachments have been properly submitted.

Inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov. The Division will not respond to substantive questions related to the Bid Solicitation or any other Blanket P.O. via this email address. For inquiries related to substantive questions refer to Section 1.3.1 (Electronic Question and Answer Period).

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. Each Vendor {Bidder} will be limited to two (2) attendees. The locations of the Mandatory Site Visit will be in the following order:

1. Bakers Basin Inspection Facility 3200 Brunswick Pike Rte. 1 North, Lawrenceville, NJ 08648 (6-lane station built in 1956)

2. Flemington Inspection Facility 181 Routes 31 & 202, Ringoes, NJ 08551 (3-lane station built in 1978)

3. Washington Inspection Facility Route 31 North and Pershing Avenue, Washington, NJ 07882 (1-lane station built in 1938)

Vendors {Bidders} must attend site visit at all three (3) sites listed above. A Quote from any Vendor {Bidder} that was not represented or failed to register properly at the Mandatory Site Visit will be rejected.

An attendee may represent only one (1) potential bidding entity. The Mandatory Site Visit may be recorded.

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

MANDATORY PRE-QUOTE CONFERENCE

Not applicable to this procurement.

PRE-QUOTE DOCUMENT REVIEW

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

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 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. 13:20-43 Enhanced Motor Vehicle Inspection and Maintenance Program;

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

L. N.J.A.C. 13:20-45 Motor Vehicle Transportation and Maintenance Program;

M. N.J.A.C. 13:20-46 Diesel Emission Inspection and Maintenance Program; and N. NJ Annual I/M program Report to US EPA: www.nj.gov/dep/bmvim/bmvim_reports.htm.

Refer to the following link for New Jersey Administrative Code and New Jersey Statutes Annotated for documents above and additional references throughout the Scope of Work, Section 3.0 of this Bid Solicitation:

https://nj.gov/state/dos-statutes.shtml

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. HYPERLINK "http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml" NJSTART Vendor Support Page.

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

VENDOR {BIDDER} Responsibility

The Vendor {Bidder} assumes sole responsibility for the complete effort required in submitting a Quote in response to this Bid Solicitation. No special consideration will be given after Quotes are opened because of a Vendor’s {Bidder’s} failure to be knowledgeable as to all of the requirements of this Bid Solicitation.

COST LIABILITY

The State assumes no responsibility and bears no liability for costs incurred by a Vendor {Bidder} in the preparation and submittal of a Quote in response to this Bid Solicitation.

CONTENTS OF QUOTE

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

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

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

As part of its Quote, a Vendor {Bidder} may designate any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion. Vendor {Bidder} must provide a detailed statement clearly identifying those sections of the Quote that it claims are exempt from production, and the legal and factual basis that supports said exemption(s) as a matter of law. The State will not honor any attempts by a Vendor {Bidder} to designate its entire Quote as proprietary, confidential and/or to claim copyright protection for its entire Quote.

The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the Vendor {Bidder} accordingly. Any proprietary and/or confidential information in a Quote will be redacted by the State. Copyright law does not prohibit access to a record which is otherwise available under OPRA.

In the event of any challenge to the Vendor’s {Bidder’s} assertion of confidentiality with which the State does not concur, the Vendor {Bidder} shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Vendor {Bidder}. The State assumes no such responsibility or liability.

A Vendor {Bidder} shall not designate any price lists and/or catalogs submitted as exempt from public disclosure as the same must be accessible to State Using Agencies and Cooperative Purchasing Program participants (if the Bid Solicitation has been extended to these participants) and thus must be made public to allow all eligible purchasing entities access to the pricing information.

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

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

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.

RESERVED

QUOTE ERRORS

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

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

NJSTART: A Vendor {Bidder} may withdraw its Quote submission in NJSTART prior to the Quote opening; however, Vendors {Bidders} should note that while withdrawn NJSTART Quotes remain viewable by the Vendor {Bidder} on its Vendor Profile Homepage, they are removed from the Division’s view and cannot be considered for Blanket P.O. award. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the HYPERLINK "http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml" NJSTART Vendor Support PageNJSTART 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 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.

If, after the Quote opening, but before Blanket P.O. award, a Vendor {Bidder} discovers an error in its Quote, the Vendor {Bidder} may make a written request to the Supervisor of the Proposal Review Unit to withdraw its Quote from consideration for award. If the Vendor’s {Bidder’s} request to withdraw is made in good faith, and the State will not be significantly prejudiced by granting the withdrawal of the Quote beyond the loss of the benefit of the bargain to the State of the withdrawing Vendor’s {Bidder’s} offer, the request shall be granted. Evidence of the Vendor’s {Bidder’s} good faith in making this request can be demonstrated by one (1) or more of the following factors: A mistake is so significant that to enforce the Blanket P.O. resulting from the Quote would be unconscionable; that the mistake relates to a material feature or term of the Blanket P.O.; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After Quote opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its Quote and the Director may in his/her discretion allow said Vendor {Bidder} to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Vendor {Bidder} and take those prior requests to withdraw into consideration when evaluating the Vendor’s {Bidder’s} future Quotes.

All Quote withdrawal requests must include the Bid Solicitation identification number and the final Quote submission date and be sent to the following address:

Department of the Treasury Division of Purchase and Property PO Box 230 33 West State Street – 9th Floor Trenton, New Jersey 08625-0039 Attention: Supervisor, Proposal Review Unit

If during a Quote evaluation process, an obvious pricing error made by a…