T2577 21DPP00587 Bid Solicitation 11.24.2020.docx

Bid Solicitation #21DPP00587

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

Mandatory/Optional Pre-Quote 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 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:

State of New Jersey Department of Human Services Division of the Deaf and Hard of Hearing

Date: 11/24/2020

Table of Contents

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 , 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 Department of Human Services, Division of the Deaf and Hard of Hearing. The purpose of this Bid Solicitation is to solicit Quotes for devices most commonly used to aid the deaf and hard of hearing.

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

The Bid Solicitation and State-Supplied Price Sheet contain eleven (11) price line items, as follows:

It is the State’s intent to make one (1) award for each price line items 1 through 11.

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

BACKGROUND

This is a re-procurement of the product/services under T2577 Devices for the Deaf and Hard of Hearing presently due to expire on February 28, 2021. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T2577 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 T2577 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.

NOTABLE CHANGEs SINCE THE LAST BID SOLICITATION

This is a reprocurement for the unawarded price line items from Bid Solicitation 19DPP00392. This Bid Solicitation has been revised since the last reprocurement of this commodity. Please thoroughly read the entire Bid Solicitation including all sub-sections.

Notable changes include, but are not limited to:

· SECTION 4.4.3.3 SPECIFICATION DATA SHEETS

Vendors {Bidders} shall submit with its Quote specification data sheets for all equivalent brands bid. The specification data sheets must document that its product bid meets or exceeds the requirements of the Bid Solicitation specifications.

Vendors {Bidders} offering approved products identified in this Bid Solicitation are not required to submit specification data sheets for those approved products only. However, all required information identified on the State-Supplied Price Sheet is necessary to confirm specification conformance and must be provided.

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 email, concerning this Bid Solicitation, prior to the final award of the Blanket P.O.

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

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

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

SUBMISSION OF QUOTES

In order to be considered for award, the Quote must be received by the Procurement Bureau of the Division at the appropriate location by the required time.

Vendors {Bidders} shall submit a Quote electronically through NJSTART.

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.

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).

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.

Inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov.

The Division will not respond to substantive questions related to the Bid Solicitation or any other Blanket P.O. via this email address. For inquiries related to substantive questions refer to Section 1.3.1 (Electronic Question and Answer Period).

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

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

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

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

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

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

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

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

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

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.

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

If, after the Quote opening, but before Blanket P.O. award, a Vendor {Bidder} discovers an error in its Quote, the Vendor {Bidder} may make a written request to the Procurement Bureau 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.

The Quote withdrawal request must include the Bid Solicitation Number, Bid Solicitation Title, 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 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.

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 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

Approved Products – Those products that have been identified in Bid Solicitation as meeting Using Agency needs and confirmed as meeting product specifications.

Dealer/Distributor – A Company authorized by a Vendor {Bidder/Contractor} as having the contractual ability to accept and fulfill orders and receive payments directly on behalf of the Vendor {Contractor} that is awarded a Blanket P.O. Any authorized Dealer/Distributor must agree to all terms and conditions contained within the Bid Solicitation and must agree to provide all products and services in accordance with the Blanket P.O. specifications, terms, conditions and pricing. A Dealer/Distributor must provide all forms required of a Vendor {Contractor}.

Equivalent Brands – Brands/products offered, other than those identified as an Approved Brand/Product, in Bid Solicitation that meet the specifications herein.

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

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.

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.

USEPA – United States Environmental Protection Agency

BLANKET P.O. – USING AGENCY SPECIFIC DEFINITIONS/ACRONYMS

Americans with Disabilities Act (ADA) – A civil rights law that prohibits discrimination based on disability.

Carbon Monoxide (CO) – A poisonous, colorless, odorless, and tasteless gas.

DDHH - Department of Human Services, Division of the Deaf and Hard of Hearing

Federal Communication Commission (FCC) – The Federal organization in Washington, DC set up by the Communication Action of 1934. The FCC has the authority to regulate all interstate communications originating in the United States.

Occupational Safety and Health Act (OSHA) – An Act that provides federal standards for the occupational safety and health of employees.

Telecommunication Device for the Deaf (TDD) –. A printing telegraph service widely used by those with hearing or speech impairments. Also generically known as TTY.

Teletypewriter (TTY) - An electromechanical typewriter paired with a communication channel.

UL LLC – A global safety consulting and certification company.

UL Listed – UL has tested representative samples of a product and determined that the product meets specific, defined requirements.

USEPA – United States Environmental Protection Agency

SCOPE OF WORK – REQUIREMENTS OF THE VENDOR {CONTRACTOR}

PRODUCT SPECIFICATIONS

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.

Tone Control: shall have tone control

Amplification: shall have a minimum adjustable amplification of 50 dB Visual Aid: shall have a visual aid to indicate an incoming call

Ringer: must have a minimum 85 dB ringer

Clarity Alto Geemarc Ampli550 Amplicom PowerTel780 Serene Innovations HD-65 Amplified Phone

Tone Control: shall have tone control

Amplification: shall have a minimum adjustable amplification of 50 dB Visual Aid: shall have a visual aid to indicate an incoming call

Ringer: shall have a ringer of a minimum 85 dB

Panasonic Amplified Cordless Telephone with Digital Answering Machine Model No. KX-TGM450

Clarity XLC3.4plus

Clearsounds A1600BT

Convenience Keys: shall have special convenience keys, such as Dial and Volume Control

TTY Direct Connect: shall have a TTY Direct Connect feature

Visual Ringer: shall have a visual ringer feature

Auto-Answer: shall have an Auto-Answer feature with programmable message capabilities

Ultratec Uniphone

Cisco 3905

Keyboard: shall have a keyboard

Battery and AC Adapter: shall have a rechargeable battery and AC Adapter

Baudot Code: shall have a Baudot Code of 45.5/ 50 Ultratec TTY minicom IV

Krown PortaView 20 Junior

Plug-In: shall have a 120VAC plug-in

ADA Requirements: shall meet the Americans with Disabilities Act (ADA) requirements: https://www.ada-compliance.com/ada-compliance/215-fire-alarm-systems and https://www.ada-compliance.com/ada-compliance/702-fire-alarm-systems

Horn: shall have a Solid State horn with a minimum dB 85 dB to a maximum 120 dB

Sounding Device: shall have a Temporal 3 Evacuation Sounding Device

Candela Rating: shall have a minimum 117 Candela Rating

Strobe Light: shall have a flashing strobe light

Test Switch: shall have a full function test switch

Battery Back-Up: shall have a 9VDC battery back-up with audible low battery chirp

Gentex 7139LS

Visual Alarm: When unit is hard wired, a visual alarm indicator shall flash when alarm is activated

Operation: shall be able to operate on batteries without being hard wired

Warranty: shall have a minimum three (3) year limited warranty

BRK Electronics

CO5120BN

Kidde Lifesaver

5CO

Silent Call

CO5-MC (US)

Display: shall have a scrolling display for visual alert messages

Signals: shall receive a T3 signal for the smoke detector, and must receive a T4 signal for the CO2 detector

Range: receiver shall have a minimum 1,000 ft range

Strobe Alert: shall have a visual strobe alert

Alert: shall include a bed shaker to alert of smoke and/or CO emergency

Battery Back-Up: shall be able to function with a full battery back-up

The HomeAware Smoke & CO Listener Package - HA360MKSB

Chimes: shall have multiple, distinct chimes to distinguish between doors

Light Indicator: shall have a built-in light indicator

Honeywell RCWL210A Portable Wireless Door Chime

Fosmon WaveLink 51007HOM

Warranty: shall have a minimum one (1) year warranty

Sensitivity Control: shall have adjustable sensitivity control

Operation: shall operate through a standard 110/120 volt AC outlet

Indicator Light: shall have an on/off indicator light

Visual Sound Indicator: shall have a visual sound indicator

VTECH DM221

Philips SCD530

The approved brands/products identified herein have been deemed by the State to meet all specifications however, any products that meet or exceed the specifications will be considered as equivalents. See Section 4.4.5.2 for additional information.

The State reserves the right to test any and all contracted items to ensure that these items meet the Blanket P.O. requirements throughout the term of the Blanket P.O. including any extension(s) thereof. If the contracted item fails to meet Blanket P.O. requirements, the item will be rejected by the Using Agency and must be replaced in accordance with Section 3.5.

Delivery

Vendor {Contractor} shall provide delivery in accordance with Bid Solicitations Sections 4.4.5.2 and 4.4.5.4. Deliveries must be made at such time and in such quantities as ordered, in strict accordance with the instruction from the Using Agency. The Vendor {Contractor} shall deliver all products in new condition at the point of delivery, and in accordance with good commercial practice. All products must be shipped FOB destination.

All backorders must be filled and shipped promptly upon receipt of inventory. Product backorders must be communicated in advance of shipping to the Using Agency. The Vendor {Contractor} must notify the Procurement Bureau Procurement Specialist when items are unavailable or have been discontinued. Orders must include all shipping and handling charges for standard ground transportation delivery in the pricing of the equipment.

The DDHH presently has an Equipment Distribution Program. The Vendor {Contractor} shall receive a list of approximately 100 approved consumers with shipping addresses. The total number of approved consumers may vary during the term of this Blanket P.O. and any extensions thereof. The Vendor {Contractor} must ship the equipment directly to the individual consumer in accordance with Bid Solicitation Sections 3.2, 4.4.5.2 and 4.4.5.4.

The Vendor {Contractor} must provide email notification to DDHH of delivery to the consumer from the delivery vendor.

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;

· Juneteenth;

· Independence Day;

· Labor Day;

· Columbus Day;

· Election Day;

· Veterans Day;

· Thanksgiving Day; and

· Christmas Day.

Delivery times greater than 30 days (ARO) after receipt of order will not be considered.

SUBSTITUTION OF DISCONTINUED or reformuLated PRODUCTS

The Vendor {Contractor} may offer a substitution for any product discontinued or reformulated by the manufacturer in its Blanket P.O. The State may consider substituting the discontinued or reformulated model with a new model provided that the unit offered meets or exceeds the Blanket P.O. specifications. All substitutions must be approved by the State.

The Vendor {Contractor} must notify the State immediately in writing to the Division’s assigned Procurement Specialist stating that an item has been discontinued or reformulated by the manufacturer along with supporting documentation from that manufacturer that the item has been discontinued or reformulated. The Vendor {Contractor} must provide in its letter the discontinued or reformulated model number, model number of the new product being offered, detailed literature for the new product being offered, the price of the discontinued or reformulated item and the price of the product being offered as a replacement. The State will not approve the substitution of a discontinued or reformulated item without all of the above information.

The replacement product should be offered to the State at that same price as the discontinued or reformulated product.

SUBSTITUTION OF PRODUCTS ON A TEMPORARY BASIS

A Vendor {Contractor} may offer a substitute product for the contracted product on a temporary basis provided that the specifications are met and the Vendor {Contractor} provides proper justification for the temporary substitution. The justification provided to the Division by the Vendor {Contractor} must include a letter from the contracted brand manufacturer, stating that the product is not able to be offered, estimated duration of product unavailability and the reasoning for the unavailability of product. The request for temporary product substitution, with all supporting documentation, must be submitted to the Division for review and approval. The substitute product must be offered to the State at the same or more favorable pricing. The Vendor {Contractor} cannot offer the substituted product until it is approved by the Division through a change order in NJSTART. Once the originally contracted product is available again, the Vendor {Contractor} must immediately notify the Division in writing. A temporary replacement of product is not meant as a permanent product replacement.

REPLACEMENT OF UNSATISFACTORY PRODUCT

In the event the product delivered does not meet the approved product specifications or is damaged prior to or at the time of delivery, as determined by the Using Agency, the Vendor {Contractor} shall immediately remove and replace the unsatisfactory product, at no cost to the Using Agency. The timeframe for the replacement shall not exceed the delivery days ARO listed on the State-Supplied Price Sheet. Failure to comply may result in the product being removed from the Blanket P.O. and similar product obtained from another Vendor {Contractor} with any additional costs assumed by the original Vendor {Contractor}.

RESERVED

Product Ordering

The Using Agency shall request a written quote from the Vendor {Contractor}. The Vendor {Contractor} shall provide the written quote, indicating the contract number, product fulfillment information, all warranty issues, and delivery schedule. The quote shall also include the list price for each unit, shall be totaled, and the appropriate discount shall be applied to the grand total. The Vendor {Contractor} shall also indicate any ancillary or consumable supplies associated with the requested products.