T1860 Bid Solicitation.docx

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Attached to
T1860 Bundled Firewood for New Jersey DEP, Division of Parks and Forestry
Solicitation number
19DPP00360
Issued by
Sussex County, New Jersey

About this file

This document is a bid solicitation issued by the State of New Jersey Department of Environmental Protection, Division of Parks and Forestry for the procurement of bundled firewood. The solicitation seeks to establish master blanket purchase orders to responsible vendors for the delivery of firewood in full and partial truckload quantities to various state park locations in the North, Central, and South regions of New Jersey. The procurement is divided into three regional groups, and vendors may bid on one or more groups. Quotes are due by July 9, 2019 at 2:00 PM Eastern Time. There are no mandatory site visits or pre-quote conferences for this procurement. The anticipated blanket purchase order term is three years, with two one-year extension options.

The bid solicitation includes detailed specifications for the firewood, including requirements for wood type, maximum log length, packaging, labeling, and the inclusion of a firestarter. Vendors must provide firm, fixed pricing per bundle for 1/4, 1/2, 3/4, and full truckload quantities for each region. Delivery must be within 30 calendar days of order receipt. This is a re-procurement of a previously awarded contract that expired on December 31, 2018. The state estimates an average annual order quantity of 3,432 bundles per delivery location.

View the file

Other files

File Type Posted
Disclosure of Investigations Form 3.15.19~3.pdf PDF
Bidder Data Form~6.pdf PDF
Disclosure of Investments in Iran Form~3.pdf PDF
Offer and Acceptance Page~24.pdf PDF
T1860 Price Sheet~3.xlsx XLSX spreadsheet
Bid Solicitation Checklist~1.docx DOCX document
Ownership Disclosure Form~5.pdf PDF

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Bid Solicitation #19DPP00360
For:
T1860 Bundled Firewood for New Jersey Department of Environmental Protection, Division of Parks and Forestry
Event
Date
Time

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

06/19/2019
2:00 PM

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

N/A
N/A

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

N/A

N/A

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

07/09/2019
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:

State of New Jersey Department of the Treasury Division of Purchase and Property Trenton, New Jersey 086250230 Using Agency/Agencies:

NJ Department of Environmental Protection, Division of Parks and Forestry

Date: 6/4/2019

Table of Contents

1.0INFORMATION FOR VENDORS {BIDDERS}5
1.1PURPOSE AND INTENT5
1.2BACKGROUND6
1.3Key Events7
1.3.1ELECTRONIC QUESTION AND ANSWER PERIOD7
1.3.2SUBMISSION OF QUOTES7
1.3.3VENDOR {BIDDER} SUPPORT8
1.3.4MANDATORY/OPTIONAL SITE VISIT8
1.3.5MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE8
1.3.6PRE-QUOTE DOCUMENT REVIEW8
1.4ADDITIONAL Information8
1.4.1BID AMENDMENTS: Revisions to this BID SOLICITATION8
1.4.2VENDOR {BIDDER} Responsibility9
1.4.3COST Liability9
1.4.4CONTENTS of QUOTE9
1.4.5ANNOUNCEMENT OF QUOTE INFORMATION10
1.4.6PRICE Alteration In QUOTES10
1.4.7QUOTE ERRORS10
1.4.8JOINT Venture11
1.4.9Reciprocity for Jurisdictional Vendor Preference11
1.4.10QUOTE ACCEPTANCES AND REJECTIONS11
1.4.11ELECTRONIC SIGNATURES12
2.0DEFINITIONS13
2.1CROSSWALK13
2.2General Definitions13
2.3BLANKET P.O. specific definitions/ACRONYMS16
3.0SCOPE OF WORK17
3.1ADDITIONAL INFORMATION18
3.2PRIMARY LOCATIONS/ Delivery Requirements19
3.3FIREWOOD DELIVERY SCHEDULE20
3.4Replacement of unsatisfactory product20
4.0QUOTE PREPARATION AND SUBMISSION21
4.1General21
4.2QUOTE Delivery and Identification21
4.3NJSTART electronic submission VS. hard copy SUBMISSION INSTRUCTION21
4.3.1NJSTART SUBMISSION OF QUOTE21
4.3.2HARD COPY SUBMISSION22
4.4QUOTE Content23
4.4.1Forms, rEGISTRATIONS and CERTIFICATIONS required with QUOTE23
4.4.2Forms, REGISTRATIONS AND CERTIFICATIONS REQUIRED before BLANKET P.O. award and THAT SHOULD BE SUBMITTED with the QUOTE27
4.4.3SUBmittals28
4.4.4Financial Capability of the Vendor {Bidder}29
4.4.5STATE-SUPPLIED PRICE SHEET29
5.0SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O.33
5.1PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS33
5.2BLANKET P.O. Term and Extension Option33
5.2.1PRODUCT ADDITION33
5.3BLANKET P.O. Transition33
5.4CHANGE ORDER34
5.5Vendor {contractor} Responsibilities34
5.6Claims and Remedies34
5.6.1Claims34
5.6.2Remedies34
5.6.3Remedies for failure to comply with material Blanket P.O. requirements34
5.7Items Ordered and Delivered34
5.8MANUFACTURING/PACKAGING REQUIREMENTS35
5.9ELECTRONIC PAYMENTS35
5.10Substitution or Addition of SubCONTRACTOR(s)35
5.11BLANKET P.O. Activity Report35
5.12PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES36
5.13DISCLOSURE OF PRODUCT COMPOSITION36
5.14News Releases36
5.15Advertising36
6.0QUOTE EVALUATION37
6.1RIGHT TO WAIVE37
6.2director’s right of final quote acceptance37
6.3STATE'S RIGHT TO INSPECT VENDOR {BIDDER} FACILITIES37
6.4Clarification of Quote / STATE'S RIGHT TO REQUEST FURTHER INFORMATION37
6.5Oral Presentation37
6.6Evaluation Criteria38
6.7QUOTE discrepancies38
6.7.1Evaluation of the QUOTES38
6.8Negotiation and Best and Final Offer (BAFO)38
6.9“REQUEST FOR REVISION” WITHIN NJSTART39
6.10POOR PERFORMANCE39
7.0BLANKET P.O. AWARD40
7.1DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD40
7.1.1Requirements 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), EXECUTIVE ORDER No. 117 (2008) and N.J.A.C. 17:12-5 et seq.40
7.1.2SOURCE DISCLOSURE REQUIREMENTS40
7.1.3AFFIRMATIVE Action41
7.1.4BUSINESS REGISTRATION41
7.2FINAL BLANKET P.O. AWARD41
7.3INSURANCE CERTIFICATES41
7.4Performance SECURITY41
8.0BLANKET P.O. ADMINISTRATION42
8.1STATE CONTRACT MANAGER42
8.1.1state contract manager responsibilities42
8.1.2Coordination with the State Contract manager42
9.0 STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS43
1.STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT43
1.1 contract terms CROSSWALK43
2.STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS43
2.1BUSINESS REGISTRATION43
2.2ANTI-DISCRIMINATION44
2.3PREVAILING WAGE ACT44
2.5MACBRIDE PRINCIPLES44
2.6PAY TO PLAY PROHIBITIONS44
2.7POLITICAL CONTRIBUTION DISCLOSURE45
2.8STANDARDS PROHIBITING CONFLICTS OF INTEREST45
2.9NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE46
2.10COMPLIANCE - LAWS46
2.11COMPLIANCE - STATE LAWS46
2.12Warranty of no solicitation on commission or contingent fee basis46
3.STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET FORTH IN LAW OR BASED ON THE TYPE OF CONTRACT46
3.1COMPLIANCE - CODES46
3.2PUBLIC WORKS CONTRACTOR REGISTRATION ACT47
3.3PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS47
3.4BUILDING SERVICE48
3.5THE WORKER AND COMMUNITY RIGHT TO KNOW ACT48
3.6SERVICE PERFORMANCE WITHIN U.S.48
3.7BUY AMERICAN49
4.INDEMNIFICATION AND INSURANCE49
4.1INDEMNIFICATION49
4.2INSURANCE49
5.TERMS GOVERNING ALL CONTRACTS50
5.1CONTRACTOR IS INDEPENDENT CONTRACTOR50
5.2CONTRACT AMOUNT50
5.3CONTRACT TERM AND EXTENSION OPTION50
5.4STATE’S OPTION TO REDUCE SCOPE OF WORK50
5.5CHANGE IN LAW51
5.6SUSPENSION OF WORK51
5.7TERMINATION OF CONTRACT52
5.8SUBCONTRACTING OR ASSIGNMENT52
5.9NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE52
5.10MERGERS, ACQUISITIONS52
5.11PERFORMANCE GUARANTEE OF CONTRACTOR53
5.12DELIVERY REQUIREMENTS53
5.13APPLICABLE LAW AND JURISDICTION53
5.14CONTRACT AMENDMENT54
5.15MAINTENANCE OF RECORDS54
5.16ASSIGNMENT OF ANTITRUST CLAIM(S)54
654
6.1PRICE FLUCTUATION DURING CONTRACT54
6.2TAX CHARGES55
6.3PAYMENT TO VENDORS55
6.4OPTIONAL PAYMENT METHOD: P-CARD55
6.5NEW JERSEY PROMPT PAYMENT ACT55
6.6AVAILABILITY OF FUNDS56
7.TERMS RELATING TO ALL CONTRACTS FUNDED, IN WHOLE OR IN PART, BY FEDERAL FUNDS56
7.1PROCUREMENT OF RECOVERED MATERIALS56
7.2EQUAL EMPLOYMENT OPPORTUNITY57
7.3DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED59
7.4CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 3701-370859
7.5RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT60
7.6CLEAN AIR ACT, 42 U.S.C. 7401-7671Q, AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387, AS AMENDED60
7.7DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)60
7.8BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 135260

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 (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 the New Jersey Department of Environmental Protection/Division of Parks and Forestry. The purpose of this Bid Solicitation is to solicit Quotes for bundled firewood for use by campers throughout the State’s park system.

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

The Bid Solicitation and State-Supplied Price sheet contains twelve (12) price line items, as follows:

Price Line
Item Description

Group #1 - North Region

1
Firewood - 1/4 truckload for delivery in the North region. Please refer to Bid Solicitation Section 3.0 for more information
2
Firewood - 1/2 truckload for delivery in the North region. Please refer to Bid Solicitation Section 3.0 for more information
3
Firewood - 3/4 truckload for delivery in the North region. Please refer to Bid Solicitation Section 3.0 for more information
4
Firewood - Full truckload for delivery in the North region. Please refer to Bid Solicitation Section 3.0 for more information

Group #2 – Central Region

5
Firewood - 1/4 truckload for delivery in the Central region. Please refer to Bid Solicitation Section 3.0 for more information
6
Firewood - 1/2 truckload for delivery in the Central region. Please refer to Bid Solicitation Section 3.0 for more information
7
Firewood - 3/4 truckload for delivery in the Central region. Please refer to Bid Solicitation Section 3.0 for more information
8
Firewood - Full truckload for delivery in the Central region. Please refer to Bid Solicitation Section 3.0 for more information

Group #3 – South Region

9
Firewood - 1/4 truckload for delivery in the South region. Please refer to Bid Solicitation Section 3.0 for more information
10
Firewood - 1/2 truckload for delivery in the South region. Please refer to Bid Solicitation Section 3.0 for more information
11
Firewood - 3/4 truckload for delivery in the South region. Please refer to Bid Solicitation Section 3.0 for more information
12
Firewood - Full truckload for delivery in the South region. Please refer to Bid Solicitation Section 3.0 for more information

This Bid Solicitation is divided into three (3) groups. There is one (1) group per each New Jersey region (North, Central and South). It is the State’s intent to award one (1) Blanket P.O. per group as a result of the Bid Solicitation. Vendors {Bidders} may bid on any one or more groups in any combination. Vendors {Bidders} are required to bid on all price lines (truckload sizes) within the group to be considered responsive for that group..

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

BACKGROUND

This is a re-procurement of the product/services under T1860 Bundled Firewood, which expired on December 31, 2018. For informational purposes only, the following Blanket P.O. was established in December 2013 under T1860.

Description
Bid Solicitation #

Blanket P.O. # Blanket P.O. Price

BUNDLED FIREWOOD, 1.0 CUBIC FOOT, TO BURN 3-4 HOURS; DELIVERED IN 1/4 TRUCKLOAD QUANTITIES (360 BUNDLES).

14-X-23224 85412 $5.50 per bundle

BUNDLED FIREWOOD, 1.0 CUBIC FOOT, TO BURN 3-4 HOURS; DELIVERED IN 1/2 TRUCKLOAD QUANTITIES (720 BUNDLES).

14-X-23224 85412 $5.50 per bundle

BUNDLED FIREWOOD, 1.0 CUBIC FOOT, TO BURN 3-4 HOURS; DELIVERED IN 3/4 TRUCKLOAD QUANTITIES (1,080 BUNDLES).

14-X-23224 85412 $5.50 per bundle

BUNDLED FIREWOOD, 1.0 CUBIC FOOT, TO BURN 3-4 HOURS; DELIVERED IN FULL TRUCKLOAD QUANTITIES (1,440 BUNDLES).

14-X-23224 85412 $5.50 per bundle

BUNDLED FIREWOOD, 1.0 CUBIC FOOT, TO BURN 3-4 HOURS; DELIVERED IN 30 BUNDLE INCREMENTS UP TO 360 BUNDLES. REGIONS SERVED: NORTH & CENTRAL

14-X-23224 85412 $5.50 per bundle

Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T1860 at www.njstart.gov by following these steps:

Go to: www.njstart.gov Select “Contract & Bid Search” Select “Contracts/Blankets” Under “Contract/Blanket Description” type in T1860, Click “Find It” The current Blanket P.O.s will appear under “Results”.

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

Key Events

ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Vendors {Bidders} via the “Q&A” Tab of the Bid Solicitation in NJSTART.

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

B. Each question should begin by referencing the Bid Solicitation page number and section number to which it relates.

Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

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

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation is indicated on the Bid Solicitation cover sheet. In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment. Any Bid Amendment to this Bid Solicitation will become part of this Bid Solicitation and part of any Blanket P.O. awarded as a result of this Bid Solicitation. Bid Amendments 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 either electronically through NJSTART or via hard copy.

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

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

Procedural inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov 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, 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.

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

Not applicable to this procurement.

PRE-QUOTE DOCUMENT REVIEW

Not applicable to this procurement.

ADDITIONAL Information

BID AMENDMENTS: Revisions to this BID SOLICITATION

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

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

BID AMENDMENTS WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE VIEWABLE ON THE “SUMMARY” PAGE OF THE BID SOLICITATION IN NJSTART. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instructions. QRGs are located on the NJSTART Vendor Support Page.

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

VENDOR {BIDDER} Responsibility

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

COST Liability

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

CONTENTS of QUOTE

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

After the opening of sealed Quotes, including Quotes submitted through the NJSTART electronic process, all information submitted by a Vendor {Bidder} in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Vendor {Bidder}. Proprietary and confidential information may be exempt from public disclosure by OPRA and/or the common law. When the Bid Solicitation contains a negotiation component, the Quote will not be subject to public disclosure until a notice of intent to award a Blanket P.O. is announced.

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

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

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

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

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

ANNOUNCEMENT OF QUOTE INFORMATION

On the date and time Quotes are due under the Bid Solicitation, all information concerning the Quotes submitted may be publicly announced and shall be available for inspection and copying except as noted below:

A. Information appropriately designated as proprietary and/or confidential shall not be available for inspection and copying; and B. Where negotiation is contemplated, only the names and addresses of the Vendors {Bidders} submitting Quotes will be announced, and the contents of the Quotes shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

PRICE Alteration In QUOTES

Any price changes including hand written revisions or "white-outs" must be initialed. Failure to initial price changes may preclude a Blanket P.O. award from being made to the Vendor {Bidder} pursuant to N.J.A.C. 17:12-2.2(a)(8).

QUOTE ERRORS

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

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

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

Hard Copy: A Vendor {Bidder} may request that its hard copy Quote be withdrawn prior to the Quote 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 as long as the Quote is received prior to the announced date and time for Quote submission and at the place specified.

QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO BLANKET P.O. AWARD

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

All Quote withdrawal requests must include the Bid Solicitation identification number and the final Quote submission date and be sent to the following 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 potential Blanket P.O. awardee is found, the Director or his/her designee shall issue written notice to the Vendor {Bidder}. The Vendor {Bidder} will have up to five (5) business days after receipt of the notice to confirm its pricing. If the Vendor {Bidder} fails to respond, its Quote shall be considered withdrawn, and no further consideration shall be given to it.

JOINT Venture

If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance Page. Each party to the Joint Venture must individually comply with all the forms and certification requirements in Sections 4.4.1 and 4.4.2 of this Bid Solicitation.

Reciprocity for Jurisdictional Vendor Preference

In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17:12-2.13, the State of New Jersey will invoke reciprocal action against an out-of-State Vendor {Bidder} whose state or locality maintains a preference practice for its in-state Vendors {Bidders}. The State of New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Procurement Officials, or the National Institute of Governmental Purchasing or a State’s statutes and regulations to identify States having preference laws, regulations, or practices and to invoke reciprocal actions. The State of New Jersey may obtain additional information as it deems appropriate to supplement the stated survey information.

A Vendor {Bidder} may submit information related to preference practices enacted for a State or Local entity outside the State of New Jersey. This information may be submitted in writing as part of the Quote response, including name of the locality having the preference practice, as well as identification of the county and state, and should include a copy of the appropriate documentation, i.e., resolution, regulation, law, notice to Vendor {Bidder}, etc. It is the responsibility of the Vendor {Bidder} to provide documentation with the Quote or submit it to the Director within five (5) business days after the deadline for Quote submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote submission date may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.

QUOTE ACCEPTANCES AND REJECTIONS

N.J.A.C. 17:12-2.7(d), the Director’s right to waive minor irregularities or omissions in a Quote and N.J.A.C. 17:12-2.2 which defines causes for Quote rejection, apply to all Quotes.

ELECTRONIC SIGNATURES

Vendors {Bidders} submitting Quotes through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket P.O. Award and That Should Be Submitted with the Quote) of this Bid Solicitation electronically by typing the name of the authorized signatory in the “Signature” block as an alternative to downloading, physically signing the form, scanning the form, and uploading the form to NJSTART.

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

DEFINITIONS

CROSSWALK

NJSTART Term
Equivalent Statutory, Regulatory and/or Legacy Term
Bid/Bid Solicitation
Request For Proposal (RFP)/Solicitation
Bid Amendment
Addendum
Change Order
Contract Amendment
Master Blanket Purchase Order (Blanket P.O.)
Contract
Offer and Acceptance Page
Signatory Page
Quote
Proposal
Vendor
Bidder/Contractor

General Definitions

The following definitions will be part of any Blanket P.O. awarded or order placed as a result of this Bid Solicitation.

All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: labor costs, overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.

Best and Final Offer or BAFO – Pricing timely submitted by a Vendor {Bidder} upon invitation by the Bureau after Quote opening, with or without prior discussion or negotiation.

Bid or Bid Solicitation – This series of documents, which establish the bidding and Blanket P.O. requirements and solicits Quotes to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation, State of NJ Standard Terms and Conditions (SSTC), State-Supplied Price Sheet, attachments, and Bid Amendments.

Bid Amendment – Written clarification or revision to this Bid Solicitation issued by the Division. Bid Amendments, if any, will be issued prior to Quote opening.

Business Day – Any weekday, excluding Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Calendar Day – Any day, including Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Change Order – An amendment, alteration, or modification of the terms of a Blanket P.O. between the State and the Vendor(s) {Contractor(s)}. A Change Order is not effective until it is signed and approved in writing by the Director or Deputy Director, Division of Purchase and Property.

Cooperative Purchasing Program – The Division’s intrastate program that provides procurement-related assistance to New Jersey local governmental entities and boards of education, State and county colleges and other public entities having statutory authority to utilize select State Blanket P.O.s issued by the Division, pursuant to the provisions of N.J.S.A. 52:25-16.1 et seq.

Days After Receipt of Order (ARO) – The number of calendar days ‘After Receipt of Order’ in which the Using Agency will receive the ordered materials and/or services.

Director – Director, Division of Purchase and Property, Department of the Treasury, who by statutory authority is the Chief Contracting Officer for the State of New Jersey.

Disabled veterans’ business - means a business which has its principal place of business in the State, is independently owned and operated and at least 51% of which is owned and controlled by persons who are disabled veterans or a business which has its principal place of business in this State and has been officially verified by the United States Department of Veterans Affairs as a service disabled veteran-owned business for the purposes of department contracts pursuant to federal law. N.J.S.A. 52:32-31.2.

Disabled veterans’ business set-aside contract - means a contract for goods, equipment, construction or services which is designated as a contract with respect to which bids are invited and accepted only from disabled veterans’ businesses, or a portion of a contract when that portion has been so designated. N.J.S.A. 52:32-31.2.

Discount – The price reduction applied by the Vendor {Bidder} to all items.

Division – The Division of Purchase and Property.

Evaluation Committee – A committee established or Division staff member assigned by the Director to review and evaluate Quotes submitted in response to this Bid Solicitation and recommend a Blanket P.O. award to the Director.

Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs.

Joint Venture – A business undertaking by two (2) or more entities to share risk and responsibility for a specific project.

Master Blanket Purchase Order (Blanket P.O.) – The Blanket P.O. consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation, the responsive Quote submitted by a responsible Vendor {Bidder} as accepted by the State, the notice of award, any Best and Final Offer, any subsequent written document memorializing the agreement, any modifications to any of these documents approved by the State and any attachments, Bid Amendment or other supporting documents, or post-award documents including Change Orders agreed to by the State and the Vendor {Contractor}, in writing.

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

Must – Denotes that which is a mandatory requirement.

No Bid – The Vendor {Bidder} is not submitting a price Quote for an item on a price line.

No Charge – The Vendor {Bidder} will supply an item on a price line free of charge.

Primary Form – An electronic form contained within a Vendor’s {Bidder’s} NJSTART profile designated by the Vendor {Bidder} as the primary or principal version of the required form.

Procurement Bureau (Bureau) – The Division unit responsible for the preparation, advertisement, and issuance of Bid Solicitations, for the tabulation of Quotes and for recommending award(s) of Blanket P.O.(s) to the Director and the Deputy Director.

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

QRGs – Quick Reference Guides.

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

Retainage – The amount withheld from the Vendor {Contractor} payment that is retained and subsequently released upon satisfactory completion of performance milestones by the Vendor {Contractor}.

Revision – A response to a BAFO request or a requested clarification of the Vendors {Bidders} Quote.

Shall – Denotes that which is a mandatory requirement.

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

Small Business – Pursuant to N.J.S.A. 52:32-19, N.J.A.C. 17:13-1.2, and, N.J.A.C. 17:13-2.1, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one (1) of the three (3) following categories:

· For goods and services - (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and (C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III).

· For construction services: (A) 0 to $3,000,000 (Category IV); (B) gross revenues that do not exceed 50 percent of the applicable annual revenue standards established at 13 CFR 121.201 (Category V); and (C) gross revenues that do not exceed the applicable annual revenue standards established at CFR 121.201, (Category VI).

Small business set-aside contract – “means (1) a contract for goods, equipment, construction or services which is designated as a contract with respect to which bids are invited and accepted only from small businesses, or (2) a portion of a contract when that portion has been so designated.” N.J.S.A. 52:32-19.

State – State of New Jersey.

State Contract Manager or SCM – The individual, as set forth in Section 8.0, responsible for the approval of all deliverables, i.e., tasks, sub-tasks or other work elements in the Scope of Work. The SCM cannot direct or approve a Change Order.

State-Supplied Price Sheet – The bidding document created by the State and attached to this Bid Solicitation on which the Vendor {Bidder} submits its Quote pricing as is referenced and described in Bid Solicitation Section 4.4.5.

Subtasks – Detailed activities that comprise the actual performance of a task.

Subcontractor – An entity having an arrangement with a Vendor {Contractor}, whereby the Vendor {Contractor} uses the products and/or services of that entity to fulfill some of its obligations under its State Blanket P.O., while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket P.O., including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Vendor {Contractor}.

Task – A discrete unit of work to be performed.

Unit Cost or Unit Price – All-inclusive, firm fixed price charged by the Vendor {Bidder} for a single unit identified on a price line.

Using Agency[ies] – A State department or agency, a quasi-State governmental entity, or a Cooperative Purchasing Program participant, authorized to purchase products and/or services under a Blanket P.O. procured by the Division.

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

Vendor {Contractor} – The Vendor {Bidder} awarded a Blanket P.O. resulting from this Bid Solicitation.

BLANKET P.O. specific definitions/ACRONYMS

Kiln-Dried – The process of heat treating firewood to reduce the moisture content of wood and to control pest/insect infestation by using a kiln/oven.

Pre-Consumer Material – Materials generated in manufacturing and converting processes, such as manufacturing scrap and trimmings/cuttings.

Post-Consumer Material – Material or finished product that has served its intended use and has been diverted or recovered from waste destined for disposal, having completed its life as a consumer item. Post-Consumer Materials are part of the broader category of Recovered Materials.

Recovered Material – Waste material and byproduct that have been recovered or diverted from solid waste, but does not include materials and byproducts generated from, and commonly reused within, an original manufacturing process.

Materials in Solid Waste – Material found in the various components of the solid waste stream. General, solid waste has several components, such as municipal solid waste (MSW), construction and demolition debris (C&D), and nonhazardous industrial waste. Under RCRA Section 6002, EPA considers materials recovered from any component of the solid waste stream when designating items containing Recovered Materials.

Recycling – The series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of new products other than fuel for producing heat or power by combustion.

Recyclability – The ability of a product or material to be recovered from, or otherwise diverted from, the solid waste stream for the purpose of recycling.

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

USEPA – United States Environmental Protection Agency

SCOPE OF WORK

The sections listed below provide information and requirements necessary for a Vendor {Contractor} to successfully service the Blanket P.O. established as a result of this Bid Solicitation. The Vendor {Contractor} must comply with all terms and conditions outlined within this Bid Solicitation.

The below chart illustrates the item included within this Bid Solicitation along with technical and packaging specifications. Each group contains four (4) price lines, as follows:

Group #1: Price Lines 1-4 North Region

Size of Bundles
Description

Price Line #1:

¼ Truckload Wood Type: Shall be one hundred percent (100%) all natural mixed hardwood (i.e. oak, ash, birch, cherry and maple). Pine or other softwood will not be acceptable. All wood shall be Kiln-Dried.

Maximum length: Maximum length of the logs shall be sixteen (16) inches.

Sanitation: The product shall be free of mold, insects and other pests.

Packaging: The firewood shall be packaged as a bundle in a heavy plastic or other durable material which completely encloses the wood product. A secure handle for carrying the bundle must be part of the packaging itself and not attached to the wood product. All firewood must be palletized.

Package Labeling: Each bundle shall be labeled to include item description, type of wood, size, and drying method.

Packaging Size: The packaging unit shall consist of a firewood bundle equal to 0.75 cubic feet. All wood shall be split in quarters.

Firestarter: Each bundle must include a Firestarter made from recycled biomass products such as wood sawdust, ground tree nutshells and blended wax.

Price Line #2:

½ Truckload

Price Line #3:

¾ Truckload

Price Line #4:

Full Truckload

Group#2: Price Lines 5-8 Central Region

Size of Bundles
Description

Price Line #5:

¼ Truckload

Wood Type: Shall be one hundred percent (100%) hardwood (i.e. oak, ash, birch, cherry and maple). Pine or other softwood will not be acceptable. All wood shall be Kiln-Dried.

Maximum length: Maximum length of the logs shall be sixteen (16) inches.

Sanitation: The product shall be free of mold, insects and other pests.

Packaging: The firewood shall be packaged as a bundle in a heavy plastic or other durable material which completely encloses the wood product. A secure handle for carrying the bundle must be part of the packaging itself and not attached to the wood product. All firewood must be palletized.

Package Labeling: Each bundle shall be labeled to include item description, type of wood, size, and drying method.

Packaging Size: The packaging unit shall consist of a firewood bundle equal to .75 cubic feet. All wood shall be split in quarters.

Firestarter: Each bundle must include a Firestarter made from recycled biomass products such as wood sawdust, ground tree nutshells and blended wax.

Price Line #6:

Price Line #7:

Price Line #8:

Group#3: Price Lines 9-12 South Region

Size of Bundles
Description

Price Line #9:

¼ Truckload Wood Type: Shall be one hundred percent (100%) hardwood (i.e. oak, ash, birch, cherry and maple). Pine or other softwood will not be acceptable. All wood shall be Kiln-Dried.

Maximum length: Maximum length of the logs shall be sixteen (16) inches.

Sanitation: The product shall be free of mold, insects and other pests.

Packaging: The firewood shall be packaged as a bundle in a heavy plastic or other durable material which completely encloses the wood product. A secure handle for carrying the bundle must be part of the packaging itself and not attached to the wood product. All firewood must be palletized.

Package Labeling: Each bundle shall be labeled to include item description, type of wood, size, and drying method.

Packaging Size: The packaging unit shall consist of a firewood bundle equal to .75 cubic feet. All wood shall be split in quarters.

Firestarter: Each bundle must include a Firestarter made from recycled biomass products such as wood sawdust, ground tree nutshells and blended wax.

Price Line #10:

Price Line #11:

Price Line #12:

ADDITIONAL INFORMATION

The Using Agency will submit orders in partial or full truckload quantities. The Vendor {Contractor} must be capable of delivering firewood bundles in full truckload quantities or in partial truckload quantities as indicated below.

Truckload size
Approximate Number of Bundles Per Truckload
1/4
350 to 425
1/2
700 to 850
3/4
1,050 to 1,275
Full
1,400 to 1,700

For information purposes only, the Department of Environmental Protection/Division of Parks and Forestry estimates that firewood is ordered once or twice a year, with an average order quantity of 1,716 bundles per location. If ordered once a year, the average number of bundles delivered to a location is 3,432 bundles.

PRIMARY LOCATIONS/ Delivery Requirements

The Vendor {Contractor} awarded the partial and full truckload quantities must be able to deliver to all locations within their awarded region. Hours of operation are from 8 a.m. to 2 p.m. (excluding holidays) for all locations. All firewood must be bundled, bagged and palletized. Delivery shall be via open vehicle/trailer with an attached forklift for off-loading capability (sod type truck/trailer). The chart below identifies the delivery locations in each region (North, Central and South). Additional locations may be added.

North Region:

Central Region:
South Region:

High Point State Park 1480 State Route 23 Sussex, NJ 07461

Allaire State Park 4265 Atlantic Ave.

Farmingdale, NJ 07727

Belleplain State Forest County Route 550 Woodbine, NJ 08270

Jenny Jump State Forest 330 State Park Road Hope, NJ 07844

Bass River State Forest 762 Stage Road Tuckerton, NJ 08087

Brendan Byrne State Forest Mile Marker 1, Highway Route 72 East New Lisbon, NJ 08064

Kittatinny Valley State Park 199 Goodale Road Newton, NJ 07860

Cheesequake State Park 300 Gordon Road Matawan, NJ 07741

Green Bank c/o Wharton State Forest 8 Lovers Lane Greenbank, NJ 08215

Spruce Run Recreation Area 68 Van Syckles Road Clinton, NJ 08809

Parvin State Park Campground 701 Almond Road Pittsgrove, NJ 08318

Stokes State Forest 1 Coursen Road Branchville, NJ 07826

Stephens State Park 800 Willow Grove Street Hackettstown, NJ 07840

Swartswood State Park 1091 East Shore Road Swartswood, NJ 07877

Wawayanda State Park 885 Warwick Turnpike Hewitt, NJ 07421

Worthington State Forest Old Mine Road Columbia, NJ 07832

FIREWOOD DELIVERY SCHEDULE

Orders will be placed on an as-needed basis. The Vendor {Contractor} must contact the Using Agency one (1) week prior to delivery. Delivery days after receipt of order (ARO) must not exceed thirty (30) calendar days.

When there is a discrepancy between the delivery days listed in the General Tab in NJSTART and the State-Supplied Price Sheet, the State-Supplied Price Sheet delivery days shall govern.

Deliveries may be made Monday through Friday (excluding State holidays) from 8:00 AM until 2:00 PM and must arrive in time for the delivery to be completed by no later than 2:00 PM. Delivery appointments will not be accepted by the Using Agency. Trucks will be unloaded on a first come, first serve basis.

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

· New Year’s Day;

· Martin Luther King Jr. Day;

· Presidents Day;

· Good Friday;

· Memorial Day;

· Independence Day;

· Labor Day;

· Columbus Day;

· Election Day;

· Veterans Day;

· Thanksgiving Day; and

· Christmas Day.

Replacement of unsatisfactory product

In the event the product supplied is deemed unsatisfactory for reasons of quality, damage, or performance by the Using Agency, the Vendor {Contractor} shall immediately remove and replace the unsatisfactory product(s), at no cost to the Using Agency. The timeframe for the replacement shall not exceed 48 hours. Failure to comply may result in the product(s) being removed from the Blanket P.O. and similar product(s) obtained from another Vendor {Contractor} with any additional costs assumed by the original Vendor {Contractor}.

QUOTE PREPARATION AND SUBMISSION

Failure to submit information as indicated below may result in your Quote being deemed non-responsive.

General

A Vendor {Bidder} may submit additional terms as part of its Quote and Quotes including Vendor {Bidder} proposed terms and conditions may be accepted, but Vendor {Bidder} proposed terms or conditions that conflict with those contained in the Bid Solicitation, as defined in Section 2.0 of this Bid Solicitation, or that diminish the State’s rights under any Blanket P.O. resulting from the Bid Solicitation, may render a Quote non-responsive. It is incumbent upon the Vendor {Bidder} to identify and remove its conflicting proposed terms and conditions prior to Quote submission. Where additional terms are submitted they may be accepted, rejected, or negotiated, in whole or in part, at the State’s sole discretion where the terms do not conflict with material terms of the Bid Solicitation or do not diminish the State’s rights under the Blanket P.O. resulting from the Bid Solicitation.

In the event that a Vendor {Bidder} intends to propose terms and conditions that conflict with the Bid Solicitation, those Vendor {Bidder} proposed terms and conditions shall only be considered if submitted and agreed to pursuant to the electronic question and answer procedure set forth in Section 1.3.1 of this Bid Solicitation. Vendors {Bidders} shall not submit exceptions in the Quote or on the “Terms and Conditions” Tab through NJSTART.

After award of the Blanket P.O., if a conflict arises between a Vendor’s {Bidder’s} additional terms included in the Quote and a term or condition of the Bid Solicitation, the term or condition of the Bid Solicitation will prevail.

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.

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