T1781 RFP.doc

Bid Solicitation/Request for Proposal

Bid #: 16DPP00017

For Use in DOC Canteen/Commissary Locations

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

Mandatory/Optional Pre-Proposal Conference (Refer to Bid Solicitation {RFP} Section1.3.6 for more information.)

Mandatory/Optional Site Visit (Refer to Bid Solicitation {RFP} Section 1.3.5 for more information.)

Quote {Proposal} Submission Date

(Refer to Bid Solicitation {RFP} Section 1.3.2 for more information.)

Dates are subject to change. All changes will be reflected in Addenda to the Bid Solicitation {RFP}. All times are Eastern Standard Time. All changes to the Bid Solicitation {RFP} will be reflected in Bid Amendments {Addenda} to the Bid Solicitation {RFP} posted on the Division of Purchase and Property website.

Small Business Set-Aside

Status

FORMCHECKBOX

Not Applicable

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Entire Contract

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Partial Contract

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Subcontracting Only Category

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I

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II

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III

Bid Solicitation {RFP} Issued By Using Agency/Agencies State of New Jersey

State of New Jersey

Department of the Treasury

Department of Corrections Division of Purchase and Property

Distribution and Support Services Trenton, New Jersey 08625‑0230 Date: April 20, 2016 Table of Contents

41.0 INFORMATION FOR VENDORS {BIDDERS}

41.1 PURPOSE AND INTENT

41.2 BACKGROUND

51.3 Key Events

51.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD

51.3.2 SUBMISSION OF QUOTE {PROPOSAL}

61.3.3 NJSTART

61.3.4 ELECTRONIC SIGNATURES

61.3.5 MANDATORY/OPTIONAL SITE VISIT

61.3.6 MANDATORY/OPTIONAL PRE-QUOTE {PRE-PROPOSAL} CONFERENCE

71.3.7 PRE-QUOTE {PRE-PROPOSAL} DOCUMENT REVIEW

71.4 ADDITIONAL Information

71.4.1 BID AMENDMENTS {ADDENDA}: Revisions to this BID SOLICITATION {RFP}

71.4.2 VENDOR {BIDDER} Responsibility

71.4.3 COST Liability

71.4.4 CONTENTS of QUOTE {Proposal}

81.4.5 ANNOUNCEMENT OF QUOTE {PROPOSAL} INFORMATION

81.4.6 PRICE Alteration In Hard copy QUOTES {proposals}

81.4.7 QUOTE {proposal} ERRORS

91.4.8 JOINT Venture

101.4.9 Reciprocity for Jurisdictional Vendor {Bidder} Preference

101.4.10 QUOTE {PROPOSAL} ACCEPTANCES AND REJECTIONS

101.5 PRICE List and/or catalog pricing

112.0 DEFINITIONS

112.1 CROSSWALK

112.1.1 General Definitions

143.0 COMMODITY DESCRIPTION/SCOPE OF WORK

143.2 Group 1 – Sweat shirts, Sweat pants and Gym Shorts (Price Lines 00001-00029)

153.3 Group 2 – Crew Neck T-Shirts, Athletic Undershirts, jockey briefs, boxer briefs, and men’s socks (price lines 00030-00078)

163.4 Group 3 – Men’s Thermal Drawers and Undershirts (price lines 00079-00096)

163.5 Group 4 – Men’s Pajamas & Bathrobes (price lines 00097-00111)

173.6 Group 5 – Women’s briefs and bras (price lines 00112-00130)

173.7 Group 6 – Women’s Full figure bras (price lines 00131)

183.8 Group 7 –Women’s and MEN’s Footwear (price lines 00132-00235)

193.9 Group 8 – Baseball Hat’s (price lines 00236-00238)

203.10 Group 9 – Women’s Anklets and Slippers (price lines 00239-00242)

203.11 Group 10 – Work Gloves (price line 00243)

203.12 Group 11 – Shower Shoe Sandal (Price Line 00244)

203.14 Minimum Order Amount

213.15 Ordering

213.16 Substitution/BACK ORDERS/SPLIT SHIPMENTS

213.17 Returns/Credit

223.18 Sales Promotions or Special Offers

223.19 Security Measures

223.20 Individual Delivery Location Information

294.0 QUOTE {PROPOSAL} PREPARATION AND SUBMISSION

294.1 General

294.2 QUOTE {Proposal} Delivery and Identification

304.3 NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION

304.3.1 NJSTART SUBMISSION OF QUOTE {PROPOSAL}

304.3.2 hard copy SUBMISSION

314.4 proposal {Quote} Content

314.4.1 Forms, rEGISTRATIONS and CERTIFICATIONS required with Proposal {Quote}

344.4.2 Forms, REGISTRATIONS AND CERTIFICATIONS REQUIRED before BLANKET PO {contract} award and THAT SHOULD BE SUBMITTED with the QUOTE {proposal}

364.4.3 submittals

374.4.5 PRICE schedule/SHEET

394.4.6 COOPERATIVE PURCHASING PROGRAM

394.4.7 METHOD OF BIDDING/PRICE SHEET INSTRUCTIONS

415.1 PRECEDENCE OF SPECIAL CONTRACTUAL {Blanket po} TERMS AND CONDITIONS

415.2 BLANKET PO {Contract} Term and Extension Option

415.3 BLANKET PO {Contract} Transition

425.4 CHANGE ORDER {Contract AMENDMENT}

425.5 Vendor {contractor} Responsibilities

425.6 Claims and Remedies

425.6.1 Claims

425.6.2 Remedies

425.6.3 Remedies for failure to comply with material contract requirements

425.7 Items Ordered and Delivered

435.8 MANUFACTURING/PACKAGING REQUIREMENTS

435.9 ELECTRONIC PAYMENTS

435.10 Substitution or Addition of SubCONTRACTOR(s)

445.11 Additional Work and/or Special PROJECTS

445.12 BLANKET PO {Contract} Activity Report

455.13 PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES

455.14 DISCLOSURE OF PRODUCT COMPOSITION

455.15 ACCESSIBILITY COMPLIANCE

455.16 News Releases

465.17 Advertising

476.0 QUOTE {PROPOSAL} EVALUATION

476.1 RIGHT TO WAIVE

476.2 DIRECTOR’S RIGHT OF FINAL QUOTE {proposal} ACCEPTANCE

476.3 STATE'S RIGHT TO INSPECT VENDOR {BIDDER} FACILITIES

476.4 STATE'S RIGHT TO REQUEST FURTHER INFORMATION

476.5 Oral Presentation and/or Clarification of QUOTE {proposal}

486.6 Evaluation Criteria

486.6.1 QUOTE (PROPOSAL) discrepancies

486.6.2 Evaluation of the QUOTES {proposals}

486.7 Negotiation and Best and Final Offer (BAFO)

496.8 “REQUEST FOR REVISION” WITHIN NJSTART

496.9 POOR PERFORMANCE

507.0 BLANKET PO {CONTRACT} AWARD

507.1 DOCUMENTS REQUIRED BEFORE BLANKET PO {CONTRACT AWARD}

507.1.1 Requirements of Public Law 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (Formerly Executive Order NO. 134) AND EXECUTIVE ORDER No. 117 (2008)

517.1.2 SOURCE DISCLOSURE REQUIREMENTS

517.1.3 Affirmative Action

517.1.4 BUSINESS REGISTRATION

517.2 FINAL BLANKET PO {CONTRACT} AWARD

517.3 INSURANCE CERTIFICATES

517.4 Performance SECURITY

528.0 BLANKET PO {CONTRACT} ADMINISTRATION

528.1 state CONTRACT MANAGER

528.1.1 state contract manager responsibilities

528.1.2 Coordination with the State Contract manager

53State of New Jersey Standard Terms and Conditions

1.0 INFORMATION FOR VENDORS {BIDDERS}

NOTICE: This Bid Solicitation {Request for Proposal (RFP)} is part of the NJSTART. The Vendor {Bidder} is advised to thoroughly read all sections, as many have been revised, and follow all instructions contained in this Bid Solicitation {RFP}, including the instructions on the Bid Solicitation’s {RFP’s} Offer and Acceptance Page {Signatory Page} and read through all Quick Reference Guides (QRGs) located on the NJSTART Vendor Support Page (http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml), in preparing and submitting its quote {proposal}.

Terminology is listed by new NJSTART term; {existing term} appears in braces.

1.1 PURPOSE AND INTENT

This Bid Solicitation {RFP} is issued by the Procurement Bureau, Division of Purchase and Property, Department of the Treasury on behalf of Department of Corrections (DOC) and Distribution and Support Services (DSS). The purpose of this RFP is to solicit proposals for Various Men and Women’s Clothing for stock replenishment at thirteen (13) Department of Corrections (DOC) prison canteen/commissary locations located throughout the State of New Jersey.

The intent of this Bid Solicitation {RFP} is to award Master Blanket Purchase Orders (Blanket POs) {Contracts} to those responsible Vendors {Bidders} whose proposals, conforming to this Bid Solicitation {RFP} are most advantageous to the State, price and other factors considered. The State, however, reserves the right to separately procure individual requirements that are the subject of the contract during the contract term, when deemed by the Director to be in the State of New Jersey’s (State) best interest.

The State will award one contract per group as defined in Section 3.0 and in accordance with Section 6.6.2 of Bid Solicitation {RFP}.

The State’s Standard Terms and Conditions (SSTCs) accompanying this Bid Solicitation {RFP} will apply to all Blanket POs {Contracts} made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this Bid Solicitation {RFP} and should be read in conjunction with them unless the Bid Solicitation {RFP} specifically indicates otherwise.

1.2 BACKGROUND

This is a reprocurement of the product/services provided under the Various Men & Women Clothing Items for Use in DOC Canteen/Commissary Locations term contract, presently due to expire on April 30, 2017 or upon new contract award. Bidders interested in the current contract specifications and pricing information may review the current contract T-1781 at http://www.state.nj.us/treasury/purchase/pricelists.shtml and are cautioned that the new Bid Solicitation {RFP} addresses current requirements.

This program requires all thirteen (13) canteen/commissaries to order through Distribution & Support Services, which has assumed the purchasing function for canteen/commissary operations at each prison.

Estimated annual quantities are listed for each line item on the price pages. Minimum order amounts can be found in Section 3.3 of this RFP. However, purchases will be made strictly on an as-needed basis. No guarantee of any minimum or maximum quantities will be made. The contractor will be paid only for the actual quantities ordered and delivered.

The State has purchased approximately $2,625,000 in a three-year period.

1.3 Key Events

1.3.1 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 in NJSTART.

a. Questions should be directly tied to the Bid Solicitation {RFP} and asked in consecutive order, from beginning to end, following the organization of the Bid Solicitation {RFP}; and

b. Each question should begin by referencing the Bid Solicitation {RFP} 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} must not contact the Using Agency directly, in person, by telephone or by e-mail, concerning this Bid Solicitation {RFP}.

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

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

Questions regarding the 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 for the suggested changes.

1.3.2 SUBMISSION OF QUOTE {PROPOSAL}

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

Hard copy quote {proposal} must be submitted to the physical location noted below:

PROPOSAL RECEIVING ROOM – 9TH FLOOR

DIVISION OF PURCHASE AND PROPERTY

DEPARTMENT OF THE TREASURY

33 WEST STATE STREET, P.O. BOX 230

TRENTON, NJ 08625-0230

Directions to the Division are available on the web at http://www.state.nj.us/treasury/purchase/directions.shtml.

QUOTES {PROPOSALS} NOT RECEIVED PRIOR TO THE QUOTE {PROPOSAL} OPENING DEADLINE SHALL BE REJECTED. THE DATE AND TIME OF THE QUOTE {PROPOSAL} OPENING ARE INDICATED ON THE BID SOLICITATION {RFP} COVER SHEET AND IN THE “SUMMARY” PAGE OF THE BID SOLICITATION IN NJSTART.

Note: A Vendor {Bidder} using U.S. Postal Service regular or express mail services should allow additional time since the U.S. Postal Service does not deliver directly to the Procurement Bureau. A Vendor {Bidder} should make every effort to submit its quote {proposal} well ahead of the quote {proposal} submission deadline to mitigate unforeseen delays or issues. The Vendor {Bidder} is solely responsible for the timely submission of its quote {proposal} in response to this Bid Solicitation {RFP}.

Procedural inquiries concerning this Bid Solicitation {RFP} may be directed to RFP.procedures@treas.nj.gov.

The State will not respond to substantive questions related to the Bid Solicitation {RFP} or any other Blanket PO {Contract} via this e-mail address.

1.3.3 NJSTART

The Division is pleased to announce its new eProcurement solution “

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 {proposal} using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART quote {proposal} and attachments have been properly submitted.

1.3.4 ELECTRONIC SIGNATURES

Vendors {Bidders} submitting quotes {proposals} through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote {Proposal}) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket PO {Contract} Award and That Should Be Submitted with the Quote {Proposal}) of this Bid Solicitation {RFP} 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.

Vendors {Bidders} submitting quotes {proposals} in hard copy format, must provide forms with original, physical signatures, otherwise its quote {proposal} may be deemed non-responsive.

1.3.5 MANDATORY/OPTIONAL SITE VISIT

Not applicable to this Bid Solicitation {RFP}.

1.3.6 MANDATORY/OPTIONAL PRE-QUOTE {PRE-PROPOSAL} CONFERENCE

Not applicable to this Bid Solicitation {RFP}.

1.3.7 PRE-QUOTE {PRE-PROPOSAL} DOCUMENT REVIEW

Not applicable to this Bid Solicitation {RFP}.

1.4 ADDITIONAL Information

1.4.1 BID AMENDMENTS {ADDENDA}: Revisions to this BID SOLICITATION {RFP}

In the event that it becomes necessary to clarify or revise this Bid Solicitation {RFP}, such clarification or revision will be by Bid Amendment {Addendum}. Any Bid Amendment {Addendum} to this Bid Solicitation {RFP} will become part of this Bid Solicitation {RFP} and part of any Blanket PO {Contract} awarded as a result of this Bid Solicitation {RFP}.

There are no designated dates for release of Bid Amendments {Addenda}. Those Vendors {Bidders} who are on the bidholder list either through commodity code registration in NJSTART or by acknowledging the bid in NJSTART should receive notification of any Bid Amendment(s) {Addenda}. If a Vendor {Bidder} is not on the bidholder list to receive notifications related to a Bid Solicitation {RFP}, Bid Amendments {Addenda} are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

BID AMENDMENTS {ADDENDA} 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 instruction. 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 {Addenda} 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.

1.4.2 VENDOR {BIDDER} Responsibility

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

1.4.3 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 {proposal} in response to this Bid Solicitation {RFP}.

1.4.4 CONTENTS of QUOTE {Proposal}

Quotes {Proposals} 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 {proposals}, including quotes {proposals} submitted through the NJSTART electronic process, all information submitted by a Vendor {Bidder} in response to a Bid Solicitation {RFP} is considered public information notwithstanding any disclaimers to the contrary submitted by a Vendor {Bidder}. Proprietary and confidential information may be exempted from public disclosure by OPRA and/or the common law. When the Bid Solicitation {RFP} contains a negotiation component, the quote {proposal} will not be subject to public disclosure until an intent to award a Blanket PO {Contract} is announced.

As part of its quote {proposal}, 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. The location in the quote {proposal} of any such designation should be clearly stated in a cover letter. 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 {proposal} will be redacted by the State. The State will not honor any attempt by a Vendor {Bidder} to designate its entire quote {proposal} and/or prices as proprietary, confidential and/or to claim copyright protection for its entire quote {proposal}. 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.

By signing the Bid Solicitation {RFP} Offer and Acceptance Page {Signatory Page}, the Vendor {Bidder} waives any claims of copyright protection set forth within the manufacturer's price list and/or catalogs. The price lists and/or catalogs must be accessible to State Using Agencies and Cooperative Purchasing Program participants and thus have to be made public to allow all eligible purchasing entities access to the pricing information.

1.4.5 ANNOUNCEMENT OF QUOTE {PROPOSAL} INFORMATION

On the date and time quotes {proposals} are due under the Bid Solicitation {RFP}, all information concerning the quotes {proposals} 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 {proposals} will be announced, and the contents of the quotes {proposals} shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

1.4.6 PRICE Alteration In Hard copy QUOTES {proposals}

Hard copy quote {proposal} prices must be typed or written in ink. Any price change (including "white-outs") must be initialed. Failure to initial price changes shall preclude a Blanket PO {Contract} award from being made to the Vendor {Bidder}.

1.4.7 QUOTE {proposal} ERRORS

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

1.4.7.1 QUOTE {PROPOSAL} WITHDRAWAL PRIOR TO QUOTE {PROPOSAL} OPENING

NJSTART: A Vendor {Bidder} may withdraw its quote {proposal} submission in NJSTART prior to the quote {proposal} opening; however, Vendors {Bidders} should note that while withdrawn NJSTART quotes {proposals} 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 PO {Contract} award. The Vendor {Bidder} may submit a revised quote {proposal} as long as the quote {proposal} is received prior to the announced date and time for quote {proposal} submission. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

Hard Copy: A Vendor {Bidder} may request that its hard copy quote {proposal} be withdrawn prior to the quote {proposal} opening. Such request must be made, in writing, to the Supervisor of the Proposal Review Unit at the address provided in Section 1.4.7.2 below. The Vendor {Bidder} may submit a revised quote {proposal} as long as the quote {proposal} is received prior to the announced date and time for quote {proposal} submission and at the place specified.

1.4.7.2 QUOTE {PROPOSAL} WITHDRAWAL AFTER QUOTE {PROPOSAL} OPENING, BUT PRIOR TO BLANKET PO {CONTRACT} AWARD

NJSTART and Hard Copy: If, after the quote {proposal} opening, but before Blanket PO {Contract} award, a Vendor {Bidder} discovers an error in its quote {proposal}, the Vendor {Bidder} may make a written request to the Supervisor of the Proposal Review Unit to withdraw its quote {proposal} 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 {proposal} 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 or more of the following factors: A mistake is so significant that to enforce the Blanket PO {Contract} resulting from the quote {proposal} would be unconscionable; that the mistake relates to a material feature or term of the Blanket PO {Contract}; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After quote {proposal} opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its quote {proposal} and the Director may in 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 {proposals}.

All quote {proposal} withdrawal requests must include the Bid Solicitation {RFP} identification number and the final quote {proposal} submission date and must be sent to the following address:

Department of the Treasury

Division of Purchase and Property

PO Box 039

33 West State Street – 9th Floor

Trenton, New Jersey 08625-0039

Attention: Supervisor, Proposal Review Unit

If during a quote {proposal} evaluation process, an obvious pricing error made by a potential Blanket PO {Contract} awardee is found, the Director or 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 {proposal} shall be considered withdrawn, and no further consideration shall be given to it.

If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing, other than a disparity between the unit price and extended price and the Vendor’s {Bidder’s} intention is not readily discernible from other parts of the quote {proposal}, the Director may seek clarification from the Vendor {Bidder} to ascertain the true intent of the quote {proposal}. If the Vendor {Bidder} inadvertently completes the “Discount” field and the “Unit Cost” field, the Discounted Unit Cost will prevail.

1.4.8 JOINT Venture

If a joint venture is submitting a quote {proposal}, the agreement between the parties relating to such joint venture should be submitted with the joint venture’s quote {proposal}. Authorized signatories from each party comprising the joint venture must sign the Offer and Acceptance Page {Signatory 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 {RFP}.

1.4.9 Reciprocity for Jurisdictional Vendor {Bidder} Preference

In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17:12-2.13, the State of New Jersey will invoke reciprocal action against an out-of-State Vendor {Bidder} whose state or locality maintains a preference practice for its Vendors {Bidders}. New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Purchasing Officials, or the National Institute of Governmental Purchasing to identify States having preference laws, regulations, or practices and to invoke reciprocal actions. The State 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 {proposal} 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 {proposal} or submit it to the Director within five (5) business days after the deadline for quote {proposal} submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public quote {proposal} submission date may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.

1.4.10 QUOTE {PROPOSAL} 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 {proposal} and N.J.A.C. 17:12-2.2 which defines causes for quote {proposal} rejection, apply to all quotes {proposals}. In addition, pursuant to N.J.S.A. 52:34-12, the Director retains the right to reject all quotes {proposals} if it is in the public interest.

1.5 PRICE List and/or catalog pricing

Not applicable to this Bid Solicitation {RFP}.

2.0 DEFINITIONS

2.1 CROSSWALK

2.1.1 General Definitions

The following definitions will be part of any Blanket PO {Contract} awarded or order placed as result of this Bid Solicitation {RFP}.

Definitions are listed by new NJSTART terminology; {existing terminology} appears in braces.

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 – a pricing timely submitted by a Vendor {Bidder} upon invitation by the Division after quote {proposal} opening, with or without prior discussion or negotiation.

Bid or Bid Solicitation {RFP or Solicitation} – This series of documents, which establish the bidding and Blanket PO {Contract} requirements and solicits quotes {proposals} to meet the needs of the Using Agencies as identified herein, and includes the Request for Proposal, State of NJ Standard Terms and Conditions (SSTC), price schedule, attachments, and Bid Amendments {Addenda}.

Bid Amendment {Addendum} – Written clarification or revision to this Bid Solicitation {RFP} issued by the Division of Purchase and Property. Bid Amendments {Addenda}, if any, will be issued prior to quote {proposal} 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 {Contract Amendment} – An alteration or modification of the terms of a Blanket PO {Contract} between the State and the Vendor(s) {Contractor(s)}. A Change Order {Contract Amendment} 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 POs {Contracts} 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) - means 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. By statutory authority, the Director is the Chief Contracting Officer for the State of New Jersey.

Discount - Means the standard discount applied by the Vendor {Bidder} to all items.

Discounted Unit Cost – Means “Unit Cost” field multiplied by (100 percent minus the “Discount” field percentage).

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 {proposals} submitted in response to this Bid Solicitation {RFP} and recommend a Blanket PO {Contract} 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.

Freight - Means Freight on Board (FOB) Destination.

Joint Venture – A business undertaking by two or more entities to share risk and responsibility for a specific project.

Master Blanket Purchase Order (“Blanket PO”) {Contract} – The Blanket PO {Contract} consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation {RFP}, the responsive quote {proposal} 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 {Addenda} or other supporting documents, or post-award documents including Change Orders {Contract Amendments} agreed to by the State and the Vendor {Contractor}, in writing.

May – Denotes that which is permissible or recommended, not mandatory.

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.

Procurement Bureau - The Division unit responsible for the preparation, advertisement, and issuance of Bid Solicitations {RFPs}, for the tabulation of quotes {proposals} and for recommending award(s) of Blanket PO(s) {Contract(s)} to the Director and the Deputy Director.

Project – The undertakings or services that are the subject of this Bid Solicitation {RFP}.

QRGs – Quick Reference Guides.

Quote {Proposal} – Vendor’s {Bidder’s} timely response to the Bid Solicitation {RFP} including, but not limited to, technical quote {proposal}, price quote {proposal}, and any licenses, forms, certifications, or other documentation required by the Bid Solicitation {RFP}.

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 {proposal}.

Shall or Must – Denotes that which is a mandatory requirement. Failure to meet a mandatory material requirement will result in the rejection of a quote {proposal} as non-responsive.

Should – Denotes that which is permissible or recommended, not mandatory.

Small Business – Pursuant to N.J.A.C. 17:13-1.2, “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 of the three following categories: (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).

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 {Contract Amendment}.

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 PO {Contract}, while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket PO {Contract}, 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 – 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 PO {Contract}) procured by the Division. This Blanket PO {Contract} may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation {RFP}. In addition, with the approval of the Director of the Division of Purchase and Property and the agreement of the Vendor {Contractor}, the Blanket PO {Contract} may be used by any Using Agency or quasi-governmental agency.

Vendor {Bidder} – An entity offering a quote {proposal} in response to the Division’s Bid Solicitation {RFP}.

Vendor {Contractor} – The Vendor {Bidder} awarded a Blanket PO {Contract} resulting from this Bid Solicitation {RFP}.

3.0 COMMODITY DESCRIPTION/SCOPE OF WORK

For purposes of this Bid Solicitation {RFP}, the items identified on the quote {proposal} pricing pages have been grouped in the following categories:

No print or embroidery shall be allowed on any of the items provided in this quote {proposal}.

3.2 Group 1 – Sweat shirts, Sweat pants and Gym Shorts (Price Lines 00001-00029) The Vendor {Contractor} shall meet or exceed the following requirements:

A. Sweat Shirts (price lines 00001-00011)

· Light Grey in Color;

· Crew Neck Pullover;

· No Hood; and

· 50/50 Cotton/Poly.

Approved Brands: Russell Athletic NJ Blend #69808MO and Fruit of the Loom Series #1630 or an approved equal.

B. Sweat Pants (price lines 00012-00020)

· Light Grey in Color;

· Elastic Waist w/Drawstring;

· No Pockets; and

· 50/50 Cotton/Poly.

Approved Brands: Russell Athletic NJ Blend #69609MO and Fruit of the Loom Series #1530 or an approved equal.

C. Gym Shorts (price lines 00021-00029)

· Light Grey in Color;

· Fleece Lined:

· Elastic Waist w/Drawstring;

· No Pockets; and

· 50/50 Cotton/Poly.

Approved Brands: Russell Athletic NJ Blend #01B09MO and Fruit of the Loom Series #740 or an approved equal.

3.3 Group 2 – Crew Neck T-Shirts, Athletic Undershirts, jockey briefs, boxer briefs, and men’s socks (price lines 00030-00078) The Vendor {Contractor} shall meet or exceed the following requirements:

A. Crew Neck T-Shirts (price lines 00030-00038)

· White in Color;

· Crew Neck Pullover; and

· 100% Cotton.

Approved Brand: Hanes #2315 or an approved equal.

B. Athletic Undershirt (00039-00049)

· White in Color;

· Athletic Style; and

· 100% Cotton.

Approved Brand: Hanes #372 or an approved equal.

C. Men’s Jockey Briefs (price lines 00050-00058)

· White in Color;

· Jockey Style Briefs; and

· 100% Preshrunk Cotton.

Approved Brand: Hanes #2249 or an approved equal.

D. Men’s Boxers (price lines 00059-00067)

· White in Color;

· Boxer Style;

· Full Cut; and

· 55/45 Cotton/Poly.

Approved Brand: Hanes #436B or an approved equal.

E. Men’s Casual Crew Socks (price lines 00068-00069)

· White in Color (price line 00068);

· Black in Color (price line 00069);

· Crew Style; and

· 75/25 High Bulk Acrylic/Nylon.

Approved Brand: Kayser Roth #1080 or an approved equal.

F. Men’s Athletic Crew Socks (price lines 00070)

· White or White with Grey Toe and Heel;

· Crew Style; and

· 80/20 Cotton/Poly Blend.

Approved Brand: Hanes Style #1184 G. Men’s Crew Neck T-Shirt (price lines 00071-00078)

· Grey in Color;

· Crew Neck Style;

· Heavyweight;

· Full Cut; and

· 100% Cotton.

Approved Brand: Kayser Roth #1080 or an approved equal.

3.4 Group 3 – Men’s Thermal Drawers and Undershirts (price lines 00079-00096) The Vendor {Contractor} shall meet or exceed the following requirements:

A. Men’s Thermal Drawers (price lines 00079-00087)

· Natural Cream in Color;

· Waffle Knit;

· Elastic Waist;

· Ribbed Ankle;

· Ankle Length; and

· 50/50 Cotton/Poly Blend.

Approved Brand: J.E. Morgan #1600 MDR-NT or an approved equal.

B. Men’s Thermal Undershirts (price lines 00088-00096)

· Natural Cream in Color;

· Waffle Knit;

· Ribbed Wrist;

· Long Sleeve; and

· 50/50 Cotton/Poly Blend.

Approved Brand: J.E. Morgan #1600 MLS-NT or an approved equal.

3.5 Group 4 – Men’s Pajamas & Bathrobes (price lines 00097-00111)

The Vendor {Contractor} shall meet or exceed the following requirements:

A. Men’s Pajamas (price lines 00097-00105)

· Tan or Beige in Color;

· Consist of a Top and Bottom

· Top – Long Sleeves;

· Button Up Front;

· Bottom - Snap Closure;

· Elastic Waistband;

· Long Leg;

· Permanent Press Machine Washable; and

· 55/45 Cotton/Poly Blend.

Approved Brands: Botany 500 and Access #50610 or an approved equal.

B. Men’s Bathrobes (price line 00106-00111)

· White in Color;

· Terry Cotton Velour;

· 48” Length with Belt;

· No Hood;

· Machine Washable; and

· 100% Cotton Terry.

Approved Brand: Star #26108

3.6 Group 5 – Women’s briefs and bras (price lines 00112-00130) The Vendor {Contractor} shall meet or exceed the following requirements:

A. Women’s Briefs (price lines 00112-00120)

· White in Color; and

· 100% Preshrunk Cotton.

Approved Brand: Hanes Her Way 1400WH or an approved equal.

B. Women’s Bras (price lines 00121-00130)

· Athletic Sports Type;

· White in Color;

· Wide Bottom Band which secures crop top to prevent garment ride up; and

· Nylon/Polyester/Spandex.

Approved Brand: Hanes Her Way Champion Sports Bra or an approved equal.

3.7 Group 6 – Women’s Full figure bras (price lines 00131)

The Vendor {Contractor} shall meet or exceed the following requirements:

A. Women’s Full Figure Bra

· White in Color;

· Full Figure Support Bra;

· No Underwire; and

· Elastic Support ONLY.

Approved Brand: Hanes Just My Size or an approved equal.

3.8 Group 7 –Women’s and MEN’s Footwear (price lines 00132-00235) The Vendor {Contractor} shall meet or exceed the following requirements:

A. Women’s Sport Shoe – Brand Name

· White in Color (price lines 00132-00144);

· Sport Shoe;

· Leather Uppers; and

· Man Made Balance of Materials.

Approved Brand: Reebok Princess Shoe or an approved equal.

B. Women’s Sport Shoe – Generic Name

· White/Silver/Grey in Color (price lines 00145-00154);

· Sport Shoe;

· Leather Uppers; and

· Man Made Balance of Materials.

Approved Brands: Riddell “Echo”, Riddell “Lacosta”, Riddell “Blizzard” and Court Line WXT525 or an approved equal.

C. Men’s Sport Shoe – Generic (price lines 00155-00170) regular width

· White in Color;

· Regular Width;

· Sport Shoe;

· Leather Uppers; and

· Man Made Balance of Materials.

Approved Brands: Riddell AXT-II, Courtline MXT526 or an approved equal.

Men’s Sport Shoe – Brand Name (price lines 00171-187) regular width

· White in Color;

· Regular Width;

· Sport Shoe;

· Leather Uppers; and

· Man Made Balance of Materials.

Approved Brands: Reebok BB4000, Reebok Club C or approved equal.

D. Men’s Sport Shoe (price lines 00188-00203 regular width and 00220-00235 wide width)

· White in Color;

· ¾” Basketball Mid Top Sneaker;

· Regular Width;

· Leather Uppers; and

· Man Made Balance of Materials.

Approved Brand: Riddell “Intensity” and Courtline MB1021 or an approved equal.

E. Men’s Sport Shoe Generic (price lines 00204-00219) Wide Width

· White in Color;

· Sport Shoe;

· Wide Width

· Leather Uppers; and

· Man Made Balance of Materials.

Approved Brands: Riddell AXT-2000 and Courtline MXT526W or an approved equal.

F. Men’s Sport Shoe (price lines 00220-00235)

· White in Color;

· ¾” Basketball Mid Top Sneaker;

· Wide Width;

· Leather Uppers; and

· Man Made Balance of Materials.

Approved Brand: Riddell “Intensity” and Courtline MB1021W or an approved equal.

3.9 Group 8 – Baseball Hat’s (price lines 00236-00238)

The Vendor {Contractor} shall meet or exceed the following requirements:

A. Baseball Hats (price line 00236)

· Khaki in Color;

· Plain Baseball Hat;

· Poly with Mesh Back;

· Adjustable Back Band;

· No Logo or Ornamentation of any kind; and

· One size fits all.

B. Baseball Hats (price line 00237)

· Grey in Color;

· Baseball Hat;

· Poly with Mesh Back;

· Adjustable Back Band;

· No Logo or Ornamentation of any kind; and

· One size fits all.

C. Baseball Hats (price line 00238)

· Khaki in Color;

· Plain Baseball Hat;

· Cotton Twill;

· Plastic Adjustable Back Band;

· No Mesh

· No Logo or Ornamentation of any kind; and

· One size fits all.

3.10 Group 9 – Women’s Anklets and Slippers (price lines 00239-00242) The Vendor {Contractor} shall meet or exceed the following requirements:

A. Women’s Socks (price line 00239)

· White in Color;

· No Show;

· Machine Washable; and

· 85/15 Cotton/Nylon.

Approved Brand: Hanes Style SL6506 or approved equal.

B. Women’s Slippers (Price Line 00240 to 00242)

· Navy Blue or Black in Color;

· Cushioned Sole; and

· Machine Washable.

Approved Brand: Hanes #0700-00 or approved equal.

3.11 Group 10 – Work Gloves (price line 00243)

The Vendor {Contractor} shall meet or exceed the following requirements:

A. Work Gloves (price line 00243)

· Brown in Color;

· Unlined;

· Clute Cut with Ribbed Knit Wrist Cuff; and

· 100% Cotton.

Approved Brand: H&L Int’l Buffalo H91 or approved equal.

3.12 Group 11 – Shower Shoe Sandal (Price Line 00244)

The Vendor {Contractor} shall meet or exceed the following requirements:

A. Shower Shoe Sandal (price line 00244)

· Grey in Color;

· Deluxe, and

· Molded Front.

Approved Brand: Reebok Princess Shoe or approved equal.

3.14 Minimum Order Amount

The Vendor {Contractor} must comply with the following minimum order requirements for each category.

3.15 Ordering

The Vendor {Contractor} shall begin to receive orders from the Using Agency approximately ten (10) days to two (2) weeks after the effective date of award.

The Vendor {Contractor} shall be responsible to re-stock orders on a weekly, bi-weekly or monthly basis, as indicated in the delivery synopsis for each location in Section 3.20 of this RFP.

3.16 Substitution/BACK ORDERS/SPLIT SHIPMENTS

Split Shipments will not be accepted.

It is expected that Vendors {Contractors} will fill all orders without backorder or substitution. No substitutions are permitted without the prior consent of both DSS and DOC location staff. Vendors {Contractors} must notify DSS of substitution and request substitution approval. Any substitutions requested and approved for individual items must retain original item contract price and size. Formal complaints will be filed by DSS against the Vendor {Contractor} for repeated unauthorized substitutions.

3.17 Returns/Credit

The Vendor {Contractor} shall comply with the following procedure for any type of returns or credits.

Any necessary return of a product or products ordered incorrectly by the Using Agency, or for any other reason that is deemed not the fault of the Vendor {Contractor}, the Using Agency will be assessed an up to 10% handling charge and any documented freight charges to and from the Using Agency by DSS. Returns for defective or unsaleable goods will not be subject to a handling charge. Final resolution of any dispute with regards to the assessment of handling charges will be made by DSS and be binding to all concerned parties.

a. Commissary contact person will notify DSS of required returns to Vendor {Contractor} when placing stock order;

b.

DSS will notify the Vendor {Contractor} and list the pickup of returns for credit on a return authorization faxed to the Vendor {Contractor}. The returns must then be picked up on the next delivery to that location;

c.

Vendor {Contractor} will pick up returns on site and issue credit to the ordering entity, along with the invoice for the delivery made when returns are picked up; and d.

DSS will issue credit to individual canteen location for returns when credit is issued by the Vendor {Contractor}.

3.18 Sales Promotions or Special Offers

The Vendor {Contractor} shall pass on any sales promotion or special offers on contract products which will reduce item prices during the term of the contract to DSS. DSS, in conjunction with DOC, will review the sales promotion or special offers for consideration and approval. An agreement to accept such promotions or special offers must be made prior to the delivery of applicable products.

3.19 Security Measures

The Vendor {Contractor} and its personnel shall be subject to and shall comply with all security regulations and procedures at each correctional facility. All Vendor {Contractor} drivers and carrier drivers (including UPS and similar delivery services) will be subject to all security regulations and requirements at each individual correctional facility. This may include body and vehicle searches for contraband, as well as prohibited items.

The Vendor {Contractor} shall be aware that maximum security facilities have the most stringent security requirements. Compliance with these requirements may require driver time and patience, but must be followed explicitly. Failure to deliver due to driver non-compliance with regard to required security measures at any correctional facility will result in the filing of a formal complaint against the company.

3.20 Individual Delivery Location Information

The following locations will be considered part of each region as indicated. Since each location entails different delivery requirements and security measures, special instructions are listed. Monthly delivery means once a month.

The following seven (7) locations are located in the North:

NORTH LOCATIONS

NORTHERN STATE PRISON

Newark, NJ 07114

· Truck must be turned off after it is pulled up to load dock. Driver will then hand the truck keys to Correction Officer, who will secure the truck keys until the delivery is complete. Upon completion of the delivery, the Correction Officer will hand the truck keys back to the driver;

· No glass, prescription drugs or metal food utensils allowed;

· All pallets must be shrink wrapped;

· The State is not responsible for personal effects of the driver or its passenger(s); and

· Truck driver must present valid driver’s…