T2499 Revised Foods Various Bid Solicitation final 4.8.2022~1.docx

Bid Solicitation #

22DPP00720

T2499 Foods: Various Foods Items- Statewide

Due Date For Electronic Questions Refer to Bid Solicitation Section 2.1 for more information.

Mandatory/Optional Pre-Quote Submission Conference Refer to Bid Solicitation Section 2.5 for more information.

Mandatory/Optional Site Visit Refer to Bid Solicitation Section 2.4 for more information.

Not Applicable

Not Applicable

Quote Opening Date Refer to Bid Solicitation Section 3 for more information.

4/13/2022 4/20/2022

2:00 PM

Dates are subject to change. All times contained in the Bid Solicitation refer to Eastern Time.

All changes will be reflected in Bid Amendments to the Bid Solicitation posted on www.njstart.gov.

SET-ASIDES

Small Business Set-Aside For Goods and Services:

☒ I ☒ II ☒ III

For Construction:

☐ IV ☐ V ☐ VI

☐ Not Applicable ☐ Entire Contract ☒ Partial Contract Category 1(Price Line 1) and Category 2 (Price Line 2) only. Please see Bid Solicitation Sections 1.1, 3.8, 8.9.2 and 8.16 for more information.

☐ Subcontracting Only ☐ Preference

☐ Entire Contract ☐ Partial Contract ☐ Subcontracting Only ☐ Preference

Bid Solicitation Issued By:

State of New Jersey Department of the Treasury Division of Purchase and Property Trenton, New Jersey 086250230 On Behalf of:

State of New Jersey Various Using Agencies and Cooperative Purchasing Participants

Date: 3/4/2022 4/8/2022

TABLE OF CONTENTS

ATTACHMENT 1 – State of New Jersey Standard Terms and Conditions (12/13/2021) ATTACHMENT 2 – Standard Procurement Forms Packet ATTACHMENT 3- T2499 Bidder Data Form ATTACHMENT 4- Specification Conformance Certification Attachment 5- Certification of Non- Involvement in Prohibited Activities in Russia or Belarus iii

INTRODUCTION AND SUMMARY OF THE BID SOLICITATION

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

Bidders are strongly encouraged to visit the NJSTART Vendor Support Page, which contains Quick Reference Guides (QRGs), supporting videos, a glossary of NJSTART terms, and helpdesk contact information. Bidders should utilize the QRGs before attempting to submit a Quote through NJSTART. It is the Bidder’s responsibility to ensure that the Quote and attachments have been properly submitted. Inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov. The Division will not respond to substantive questions related to the Bid Solicitation or any other Contract via this email address.

PURPOSE AND INTENT

The purpose of this Bid Solicitation is to solicit Quotes for various food items for various programs statewide.

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

The State intends to make Contract awards to all responsive Vendors {Bidders} for each brand offered per category/price line, that meets the category definition and requirements of the Bid Solicitation in accordance with Section 8.9 of this Bid Solicitation.

There are ten (10) categories of various food items for use in State of New Jersey locations. The categories are itemized below and in Bid Solicitation Section 4.1 and are represented by ten (10) price line items on the State-Supplied Price Sheet. Each category includes products identified by the State Using Agencies as critical to their day-to-day operations:

A Vendor {Bidder} may bid on one, some or all categories/price lines. Vendors {Bidders} are not required to bid on all categories/price lines in order to be considered for an award.

Partial Small Business Set Aside

This Bid Solicitation has been designated as a partial Small Business set aside Contract for Small Business Category I, II and III, as per Section 3.8. The Vendor {Bidder} must be registered and approved as a qualifying small business with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit by the date the Quote is received and opened.

Category 1: Spices and Category 2: Sauces have been designated as partial Small Business set aside as per Section 3.8.

It is the State’s intent to award a Statewide Contracts for Category 1: Spices and Category 2: Sauces to all responsive qualifying small businesses registered and approved with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit, for each brand offered per category/price line that meets the category definition and requirements of the Bid Solicitation.

For each category/price line item, the State-Supplied Price Sheet contains a field for the Vendor’s {Bidder’s} insertion of the brand bid. Vendors {Bidders} may offer any brand that meets the requirements/definition of the category.

Categories 3-10 have NOT been designated as partial Small Business set-aside as per Section 3.8.

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

BACKGROUND

This is a reprocurement of the products under T2499 – Foods: Various Food Items, Statewide. Bidders interested in reviewing the current Contract/Master Blanket Purchase Order specifications and pricing information may do so by following the instruction below. Bidders should not rely upon or use data or information from the Contract when preparing a response to this Bid Solicitation as this Bid Solicitation addresses the State’s current requirements.

· Go to: www.njstart.gov

· Select “Active Blankets”

· In the search bar, select “Blankets” from the drop down menu

· Enter T2499 and click “”

· The current Contract list will appear under “Results”

For informational purposes only. The following Contract awards were made during the current T-2499 procurement (Bid Solicitation Number 14-X-23353):

* These items were not extended and are no longer covered under a Contract. The pricing listed reflects cost per case at time of Contract award in May 2014 through May 2015. Contract pricing for these items is not available online.

CONTRACT AMOUNT

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

ORDER OF PRECEDENCE OF CONTRACTUAL TERMS

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

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

INTRASTATE COOPERATIVE PURCHASING

The State intends to extend the Contracts awarded to the State's Intrastate Cooperative Purchasing Participants. Although the State is making the use of any Contract resulting from this Bid Solicitation available to Intrastate Cooperative Purchasing Participants, the State makes no representation as to the acceptability of the Bid Solicitation’s terms and conditions to any Intrastate Cooperative Purchasing Participants.

If a Contractor makes any sales to Intrastate Cooperative Purchasing Participants pursuant to the awarded Contract, the Contractor agrees to the remit the Supplier Convenience Fee in the amount of one percent (1%) of all Net Purchases made by Cooperative Purchasing Participants to Periscope Holdings, Inc. (Periscope).

A. Supplier Convenience Fee - For all purchases made by Intrastate Cooperative Purchasing Participants under the Contract, the Vendor shall remit the Supplier Convenience Fee in the amount of one percent (1%) of all Net Purchases to Periscope Holdings, Inc. (Periscope).

B. Remittance of the Supplier Convenience Fee - On a quarterly basis, the Vendor shall remit the Supplier Convenience Fee via Automated Clearing House (ACH) transactions directly to Periscope using the NJSTART Reconciler module. The remittance shall be made no later than thirty (30) calendar days after the end of each calendar quarter. The calendar quarters will end March 31, June 30, September 30, and December 31. Failure to remit the Supplier Convenience Fee timely and accurately may result in Vendor’s goods and services being made ineligible for purchase through the NJSTART Marketplace module by Intrastate Cooperative Purchasing Participants.

C. Catalog Enablement - The Vendor shall cooperate with the State and/or Periscope as requested to upload catalog items and pricing consistent with the awarded Contract to the NJSTART Marketplace module. Vendor shall only upload a catalog containing items awarded.

D. Quarterly Sales Reporting - The Vendor shall submit a Sales Report documenting all sales made to Intrastate Cooperative Purchasing Participants. The Sales Report shall be submitted directly to Periscope using the NJSTART Reconciler module no later than thirty (30) calendar days after the end of each calendar quarter. The calendar quarters will end March 31, June 30, September 30, and December 31. The Sales Report must contain the following information:

· Complete and accurate details of all sales, credits, returns, refunds, and the like for the reporting quarter;

· Purchasing entity;

· Total of Supplier Convenience Fee amount due for the reporting quarter;

· Such other information as the State may reasonably request; and

· If no sales were made to State during the reporting quarter, then a report shall be submitted showing zero sales and zero Supplier Convenience Fee due.

E. Retention and Inspection of Records and Audit - The Vendor shall keep records of sales made to Intrastate Cooperative Purchasing Participants in sufficient detail to enable the State to determine the Supplier Convenience Fee payable by the Vendor. The State and/or Periscope may examine and audit, at its own expense, Vendor’s sales records and Sales Reports for completeness and accuracy. If such examination reveals underpayment of the Supplier Convenience Fee, the Vendor shall immediately pay to Periscope the amount of deficiency. If the examination reveals an underpayment of 5% or more, then the Vendor shall reimburse the State and/or Periscope for the cost of the audit.

PRE-QUOTE SUBMISSION INFORMATION

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

ELECTRONIC QUESTION AND ANSWER PERIOD

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

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

A Bidder shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation, prior to Contract award.

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

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

BID AMENDMENTS

In the event that it becomes necessary to clarify or revise this Bid Solicitation, such clarification or revision will be by Bid Amendment. Any Bid Amendment will become part of this Bid Solicitation and part of any Contract awarded. Bid Amendments will be posted as a file attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date.

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

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

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.

QUOTE SUBMISSION REQUIREMENTS

QUOTE SUBMISSION

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

The date and time of the Quote opening are indicated on the Bid Solicitation cover sheet and on the “Summary” Tab of the Bid Solicitation webpage within NJSTART. If the Quote opening deadline has been revised, the new Quote opening deadline shall be shown on the posted Bid Amendment and on the “Summary” Tab of the Bid Solicitation webpage within NJSTART. Quotes not received prior to the Quote opening deadline shall be rejected.

Quotes will be publicly opened and announced by telephone conference on the date and time of the quote opening.

(Dial-in phone number: 888-204-5984 / Access code: 2602305)

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

When uploading the documents to NJSTART, the Bidder should select the “Confidential” option in NJSTART for attachments on the “Attachments” Tab to request that the documents not be displayed publicly through NJSTART. Marking an attachment as "Confidential" in NJSTART shall not constitute the Bidder's designation of the attachment as exempt from public disclosure under the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., or the common law right to know.

BIDDER RESPONSIBILITY

The Bidder assumes sole responsibility for the complete effort required in submitting a Quote in response to this Bid Solicitation. No special consideration will be given after Quotes are opened because of a Bidder’s failure to be knowledgeable as to all of the requirements of this Bid Solicitation. The State assumes no responsibility and bears no liability for costs incurred by a Bidder in the preparation and submittal of a Quote in response to this Bid Solicitation or any pre-contract award costs incurred.

ANNOUNCEMENT OF QUOTE INFORMATION

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

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

QUOTE ERRORS

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

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

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

QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO CONTRACT AWARD

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

The Quote withdrawal request must include the Bid Solicitation Number, Bid Solicitation Title, and the Quote submission date and should be sent to Procurement.Bureau@treas.nj.gov.

If, during a Quote evaluation process, an obvious pricing error made by a potential Contract awardee is found, the Director or his/her designee shall issue written notice to the Bidder. The Bidder will have up to five (5) business days after receipt of the notice to confirm its pricing. If the Bidder fails to respond, its Quote shall be considered withdrawn, and no further consideration shall be given to it.

JOINT VENTURE

If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance Page. Each party to the Joint Venture must individually complete and comply with all the forms and certification requirements in Bid Solicitation Section 3 – Quote Submission Requirements.

SMALL BUSINESS SET-ASIDE CONTRACTS

Pursuant to the provisions of N.J.S.A. 52:32-17 et seq. and N.J.A.C. 17:13 et seq. this is a partial Set-Aside Contract for Small Business Categories I, II, and III.

Category 1: Spices and Category 2: Sauces have been designated as partial Small Business set-aside.

Categories 3-10 have NOT been designated as partial Small Business set-aside.

The Bidder must be registered as a qualified small business with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit, by the date the Quote is received and opened.

A Bidder should verify its Small, Minority, Veteran, and Women Owned Business Certification status on the “Maintain Terms and Categories” Tab within its profile in NJSTART. In the event of an issue with a Bidder’s Small, Minority, Veteran, and Women Owned Business Certification status, NJSTART provides a link to take corrective action.

If the Bidder has previously registered or been certified as a Small Business Enterprise, the Bidder should ensure it is currently registered and that its registration is active with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit, prior to the quote opening date, to be eligible for award. The Bidder should ensure that it has completed the annual verification, if required.

Information, registration requirements and application are available at https://www.nj.gov/treasury/revenue/ucs.shtml.

DISABLED VETERANS’ BUSINESS SET-ASIDE CONTRACT

Not applicable to this procurement.

BID SECURITY

Not applicable to this procurement.

BIDDER ADDITIONAL TERMS SUBMITTED WITH THE QUOTE

A Bidder may submit additional terms as part of its Quote.