T2546 Bid Solicitation 4.9.19.docx

Bid Solicitation

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

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

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.)

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 the Division of Purchase and Property website and on www.njstart.gov.

Small Business Set-Aside Status ☐ Not Applicable

☒ Entire Blanket P.O.

☐ Partial Blanket P.O.

☐ Subcontracting Only Category

☒ I ☐ IV

☒ II ☐ V

☒ III ☐ VI

Bid Solicitation Issued By Using Agency/Agencies

Trenton, New Jersey 086250230

Date: 4/9/19

Table of Contents

Bid-Specific Documents/Attachments/Appendices:

· State-Supplied Price Sheet;

· Attachment #1 – Listing of NJDOT Fuel Dispensing Facilities;

· Offer & Acceptance Form;

· Vendor {Bidder} Quote Overview Form;

· Vendor {Bidder} Data Sheet; and

· Vendor {Bidder} NJSTART Procurement Program Checklist.

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.

NJSTART terminology is used throughout this document. See Bid Solicitation Section 2.1 for a crosswalk of NJSTART terminology to legacy terminology.

Please be advised that in accordance with P.L. 2018, c. 9, also known as the Diane B, Allen Equal Pay Act, which was signed in to law by Governor Phil Murphy on April 24, 2018, a contractor performing “qualifying services” or “public work” to the State or any agency or instrumentality of the State shall provide the Commissioner of Labor and Workforce Development a report regarding the compensation and hours worked by employees categorized by gender, race, ethnicity, and job category. For more information and report templates see https://nj.gov/labor/equalpay/equalpay.html.

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 New Jersey Department of Transportation (NJDOT). The purpose of this Bid Solicitation is to solicit Quotes for testing and repairs of vapor recovery systems on gasoline tanks throughout the State.

The intent of this Bid Solicitation is to award a Master Blanket Purchase Order (Blanket P.O.) per region (see Attachment #1) 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.

Quotes will be evaluated in accordance with Bid Solicitation Section 6.0, Quote Evaluation. The Division intends to award one (1) Blanket P.O. per region (North/Central/South). Vendors {Bidders} are eligible to submit Quotes for all regions or any combination of regions.

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

The State of New Jersey (State) intends to extend the Blanket P.O.s awarded to the Division's Cooperative Purchasing Program participants. These participants include quasi-State entities, counties, municipalities, school districts, volunteer fire departments, first-aid squads, independent institutions of higher learning, County colleges, and State colleges. In order for the State Blanket P.O. to be extended to Cooperative Purchasing Program participants, the Vendor {Bidder} must agree to the extension by executing the Cooperative Purchase Form. Also refer to Section 4.4.6 of this Bid Solicitation. Although the State, with the consent of the Vendor {Bidder}, is making the use of any Blanket P.O. resulting from this Bid Solicitation available to non-State Agencies, the State makes no representation as to the acceptability of any State Bid Solicitation terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation.

BACKGROUND

This is a reprocurement of the services under Vapor Recovery Systems on Gasoline Tanks - Testing & Repairs (Statewide), presently due to expire on July 31, 2019. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T2546 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 T2546, 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 {Addenda} 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 State 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

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

California Air Resources Board (C.A.R.B.) TP-201.3 and all subsequent revisions at: http://www.arb.ca.gov/homepage.htm.

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-1.1 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 shall preclude a Blanket P.O. award from being made to the Vendor {Bidder}.

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 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 {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 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

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 Bureau. 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.

Discount – The standard 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.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 (1) of the three (3) following categories: For goods and services - (A) 0 to $500,000 (Category I); (B) $5 0,001 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).

State – The 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 it proposal 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 – 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. This Blanket P.O. may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation. In addition, with the approval of the Director of the Division of Purchase and Property and the agreement of the Vendor {Contractor}, the Blanket P.O. may be used by any Using Agency or quasi-State governmental entity.

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

Annual Dispenser Shear Valve Test (Also called Impact Valve or Crash Valve Test) – A test to determine if a shear valve is located at the correct height and properly anchored. Operational functionality should be confirmed on an annual basis by tripping the shear valve to close and with the dispenser turned on, insure the valve shuts off all flow. Fire Marshals are adding this equipment to their annual inspection at facilities.

Air to Liquid Ratio Test (for Vacuum-Assisted Systems Only) – This test is performed to determine if the vacuum-assisted Stage II system is recovering one (1) gallon worth of vapor for every one (1) gallon of fuel dispensed. The Vendor {Contractor} shall dispense three (3) gallons of fuel from each nozzle through its test apparatus to determine if each product is pulling the correct amount of vapors. The Vendor {Contractor} shall then return the dispensed fuel back into the tank following the test. Each nozzle test takes approximately five (5) to ten (10) minutes. If the test fails, then the hose or nozzle may need to be changed in order to achieve the correct ratio.

Balance System – One (1) of two (2) basic types of Stage II Vapor Recovery. A Balance System transfers vapors from the vehicle tank to the station storage tank without the assistance of an external force, such as a vacuum. The fuel nozzle is designed to make an "intended tight seal" with the vehicle fill opening. Liquid entering a fuel tank displaces vapor, which returns to storage.

C.A.R.B. (California Air Resources Board) – The “clean air agency,” charged with protecting the public from the harmful effects of air pollution and developing programs and actions to fight climate change.

Dynamic Back Pressure (Flow and Block) Test – A Stage II Vapor Recovery test that simulates the vapor-return path from the dispensers to the tanks to ensure the tanks are free of obstructions to allow efficient flow vapors. It measures the restriction to flow of vapors from the dispensing nozzles to the storage tanks during normal vehicle fueling.

Healy Systems, Inc. (Healy Systems) – A manufacturer of vapor recovery systems and related components.

Pressure/Vacuum (P/V) Vent Valve Test – This test is performed to determine if the vent valve on top of the vent stack is operating properly. The vent should hold three (3) inches water column pressure and eight (8) inches water column vacuum. This prevents vapors from escaping the tank while making sure it opens at higher pressures to prevent the tank from damaging. The vent is taken off of the stack and hooked to a test apparatus. Pressure and vacuum are introduced to the valve to determine if it opens at the prescribed pressures. If the valve does not open when it’s supposed to, it will need to be replaced. If it does open when it’s supposed to, then it will be reinstalled. There is no required shutdown for this test.

Sheer Valve – A mechanical device installed at the base of a dispenser when the fuel supply piping operates under pressure. The valve is designed to automatically shut off the flow of fuel to the dispenser in the event of a fire or severe impact.

Stage I Vapor Recovery – A system designed to capture displaced vapors that emerge from inside a storage tank when gasoline is delivered into the tank. During the filling process, the rising liquid displaces the vapors present in the upper portion of the tank (an occurrence known as Ullage). These displaced vapors have to escape to enable the product transfer to the tank. If there is not a tight connection (also referred to as a tight fill) between the delivery hose and the fill port, some vapors flow out around the hose while additional vapors escape through the tank’s vent pipe. Stage I Vapor Recovery is designed to capture said vapors that result from the gasoline transfer from the delivery truck to the storage tank.

Stage II Vapor Recovery – A system designed to capture displaced vapors that emerge from inside a motor vehicle fuel tank, when gasoline is dispensed into the tank. Gasoline vapors accumulate in automobile and truck tanks, above the liquid level. When the vehicle tanks are filled, the rising liquid forces these vapors to seek an escape route, typically to the atmosphere. When a conventional nozzle is used (no Stage II provisions), the displaced vapors flow out around the nozzle and into the air.

Static Pressure Performance (Also called Pressure Decay or Static Leak) Test – Also known as a Static Leak Test, it is a Stage II Vapor Recovery Test to prove that the vapor recovery system is operating properly. The test is a low-pressure testing method that is performed on all components connected to the piping of the vapor recovery system. The part that is being tested is pressurized and then isolated from the supply pressure. The pressure within the part is then monitored using a pressure sensor and as the air leaks out, the pressure drops. The leak rate can then be calculated based on the change in pressure over a certain period of time.

Ullage – The loss of liquid by evaporation or leakage.

Vacuum-Assisted System – Employ vacuum pumps, located either at the dispenser or in the piping, which create a vacuum to assist the movement of vapors back into the storage tank. Since the vacuum is created by a pump, the amount of vacuum may be adjusted to meet performance requirements. Vacuum-assisted systems employ specific nozzle designs for use with their equipment. Pressure/Vacuum (P/V) vent valves on the vent riser pipes are necessary to reduce vapor releases to the atmosphere.

Vacuum Integrity Test (for Healy Systems only) – This test is performed to verify the vapor tightness of the portion of the Healy system which is subjected to relatively high levels of vacuum in the vapor return lines. A defective vapor valve, or any other defect which compromises the integrity of the vapor lines from the nozzle to the central vacuum unit, may cause the ingestion of large amounts of air. Excess air in the storage tanks will cause significant vent emissions when the pressure exceeds the pressure setting of the P/V valve. Ingested air will also cause the evaporation of gasoline in the storage tanks and may result in observable product shrinkage.

Volumetric Leak Rate – The measure of gasoline vapor, in excess of allowable limits, that leaks out of a tank. Volumetric Leak Rate is often measured in milligrams per cubic centimeter.

SCOPE OF WORK

1.1 PERFORMANCE AND UTILIZATION OF BLANKET P.O.

The Vendor {Contractor} shall perform vapor recovery system testing as per Section 3.1.1 – 3.1.6 of this Bid Solicitation at the request of the Using Agency(ies). After the Vendor {Contractor} has performed the initial testing requested by the Using Agency, the Vendor {Contractor} shall correct all deficiencies in the system in order for the testing report to obtain a status of “PASS.”

A. Following any corrective action, the Vendor {Contractor} shall re-test until the testing report obtains a status of “PASS,” which certifies the vapor recovery system meets the standards for air emissions as set forth by the New Jersey Department of Environmental Protection (NJDEP). at: http://www.nj.gov/dep/enforcement/aceacademy/Stage1and2-Hollis.pdf;

B. The Vendor {Contractor} is responsible for, but not necessarily limited to, the installation of the following parts:

1. Product tank gauges;

2. Emergency vents;

3. Normal vents;

4. Pressure/vacuum vents;

5. Product and vapor recovery caps and dry breaks;

6. Adapters;

7. Cap and/or plug sealing or re-sealing;

8. Tightening of fittings;

9. Modification or addition of piping to provide for vapor recovery or elimination of condensate traps;

10. Draining of condensate; and

11. Replacement of nozzles, hoses, condensate check valves, product check valves, splitter valves, and shut-off valves.

C. Replacement parts shall be of equal or better in quality. All parts installed are to be previously approved by the Using Agency. The Vendor {Contractor} shall also be responsible to properly dispose of not more than five (5) gallons of gasoline per site if necessary. A Using Agency field representative must be present for all testing, repairs and retesting.

D. The Vendor {Contractor} shall perform all of the testing, repairs, and certification of the vapor recovery systems on gasoline tanks used primarily by the NJDOT, other Statewide Using Agencies and Cooperative Purchasing Program participants.

1.1.1 STATIC PRESSURE PERFORMANCE TEST (ALSO CALLED PRESSURE DECAY OR STATIC LEAK TEST)

The Vendor {Contractor} shall perform the Static Pressure Performance Test to quantify the vapor tightness of vapor recovery systems installed at gasoline-dispensing facilities equipped with Pressure/Vacuum (P/V) Vent Valves, provided that the designated pressure setting of the P/V valves is a minimum of 2.5 inches of water column (inches H2O). Systems equipped with a P/V valve(s) that are allowed to have a designated cracking pressure less than 2.5 inches H2O shall be bagged to eliminate any flow contribution through the valve assembly from the test results. The valve/vent pipe connection, however, shall remain unobstructed during this test. At facilities that are not required to be equipped with a P/V valve(s), the vent pipe(s) shall be capped. For those installations, the test may be conducted at the vent pipe(s).

When administering the Static Pressure Performance Test at the Using Agency’s gasoline- dispensing facilities, the Vendor {Contractor} shall at a minimum:

A. Obtain a status of “PASS” on the testing report;

B. Verify the integrity or vapor tightness of the vapor recovery system, which must be proven to ensure its proper operation; and

C. Ensure the testing protocol to be used shall conform to C.A.R.B. TP- 201.3 and all subsequent revisions.

Note: A system which will not hold pressure may permit the release of liquids or vapors. Leaks may allow excessive emissions and decrease the efficiency of the vapor collection or processing system.

1.1.2 PRESSURE/VACUUM (P/V) VENT VALVE TEST

The Vendor {Contractor} shall perform the P/V Vent Valve Test to determine if the P/V Vent Valve is opening at the correct pressure setting and closing at the correct vacuum setting as well as to ensure that the given pressure of the Volumetric Leak Rate is at the appropriate pressure as specified in the C.A.R.B. Vapor Recovery Certification Procedure CP-201.

When administering the P/V Vent Valve Test at the Using Agency’s gasoline-dispensing facilities, the Vendor {Contractor} shall at a minimum:

A. Obtain a status of “PASS” on the testing report; and

B. Ensure the testing protocol to be used shall conform to C.A.R.B. TP- 201.2B and all subsequent revisions.

1.1.3 DYNAMIC BACK PRESSURE TEST (ALSO CALLED FLOW AND BLOCK TEST)

The Vendor {Contractor} shall perform the Dynamic Back Pressure Test to simulate the system operation and measure the restriction of the flow of vapors from the dispensing nozzles to the storage tanks during normal vehicle fueling. The dynamic back pressure associated with vehicle fueling is determined by various alternative procedures, one (1) of which is applied as appropriate for the operational characteristics of the subject vapor recovery system. Dynamic Back Pressure Tests shall only be performed on gasoline-dispensing facilities that contain Balance Systems and not on gasoline-dispensing facilities that contain Vacuum-Assisted Systems.

When administering the Dynamic Back Pressure Test at the Using Agency’s gasoline-dispensing facilities, the Vendor {Contractor} shall at a minimum:

A. Obtain a status of “PASS” on the testing report; and

B. Ensure the testing protocol to be used shall conform to C.A.R.B. TP-201.4 and all subsequent revisions.

1.1.4 VACUUM INTEGRITY TEST (FOR HEALY SYSTEMS ONLY)

The Vendor {Contractor} shall perform the Vacuum Integrity Test only for vapor recovery systems and components that are manufactured by Healy Systems. The purpose of this test is to verify the vapor tightness of the portion of the system that is subjected to relatively high levels of vacuum in the vapor return lines. A defective vapor valve or any other defect which compromises the integrity of the vapor lines from the nozzle to the central vacuum unit may cause the ingestion of large amounts of air. This excess air in the storage tanks will cause significant vent emissions when the pressure exceeds the pressure setting of the P/V valve.

When administering the Vacuum Integrity Test at the Using Agency’s gasoline-dispensing facilities, the Vendor {Contractor} shall at a minimum:

A. Obtain a status of “PASS” on the testing report;

B. Perform the Vacuum Integrity Test at least once every 12 months; and

C. Ensure protocol conforms to C.A.R.B. procedures as specified in the applicable certification Executive Order.

1.1.5 AIR TO LIQUID (A/L) VOLUME RATIO TEST (FOR VACUUM-ASSISTED SYSTEMS ONLY)

The Vendor {Contractor} shall perform the A/L Volume Ratio Test to determine if the vapor return vacuum motors are calibrated properly and also to detect defective nozzles. The efficiency of the vacuum motors is measured by comparing the volume of vapor (air) captured and returned to the storage tank to the volume of fuel dispensed. The A/L Volume Ratio Test is conducted after the system has passed the Static Pressure Performance test by simultaneously measuring the volume of air collected by the nozzle and volume of gasoline dispensed.

When administering the A/L Volume Ratio Test at the Using Agency’s gasoline dispensing facilities, the Vendor {Contractor} shall at a minimum:

A. Obtain a status of “PASS” on the testing report; and

B. Ensure the testing protocol to be used shall conform to C.A.R.B. TP-201.5 and all subsequent revisions.

Note: Balance Systems do not require this test.

1.1.6 ANNUAL DISPENSER SHEAR VALVE TESTING

The Vendor {Contractor} shall perform Annual Dispenser Shear Valve Testing as shown below for all emergency shut-off valves that are designed for installation on fuel supply lines beneath dispensers to minimize hazards associated with collision or fire at the dispenser. If the dispenser is pulled over or dislodged by collision, the top of the valve breaks off at the integral shear groove and isolates the flow of fuel.

The annual testing procedure that shall be followed for each dispenser shear valve is as follows:

A. Visually confirm that all shear valves are properly installed and that the safety “trip” mechanism located on the shear valve is…