T2877 Bid Solicitation 8.22.22.docx

Bid Solicitation #

23DPP00807

T2877- Large Platform Truck, 33, 000 LB. GVWR Heavy Duty Truck Chassis, With Utility Body, Hydraulic Platform and Accessories - REBID

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.

Quote Opening Date Refer to Bid Solicitation Section 3 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.

SET-ASIDES

Small Business Set-Aside For Goods and Services:

☒ I ☒ II ☒ III

For Construction:

☐ IV ☐ V ☐ VI

☐ Not Applicable ☐ Entire Contract ☐ Partial Contract ☐ 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 Using Agency/Agencies Cooperative Purchasing Participants

Date: August 22, 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 - Specification Conformance Certification 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 New Jersey Department of Transportation (NJDOT). 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 a Large Platform Truck, 33, 000 LB. GVWR Heavy Duty Truck Chassis, With Utility Body, Hydraulic Platform and Accessories.

It is the intent of the Procurement Bureau to award a Contract(s) to that/those responsible Bidder(s) whose Quote(s), conforming to this Bid Solicitation is/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.

There are 11 price lines, itemized as follows:

The State intends to make one (1) Statewide Contract award per cab and chassis on which the utility body, hydraulic platform lift, hydraulic generator and air compressor shall be mounted, in accordance with Bid Solicitation Section 8.16. For example:

· One (1) award for a Large Platform Truck mounted on a 2022 Model Year Kenworth T370 Cab and Chassis

· One (1) award for a Large Platform Truck mounted on a 2022 Model Year International MV 43100 Cab and Chassis

· One (1) award for a Large Platform Truck mounted on a 2022 Model Year Freightliner M2-106 Cab and Chassis

Bidders may offer any equivalent makes and models that meet the technical requirements of the Bid Solicitation. Please refer to Bid Solicitation Section 3.19 for submission of Specification Data Sheets.

Bidders must bid on all price lines (one (1) through eleven (11)) in order for its Quote to be considered responsive. If a Bidder does not bid on all price lines within the group, its Quote may be considered non-responsive.

Price line items are grouped for Quote evaluation purposes only. Upon Contract award, Using Agencies will be able to order any price lines within the group individually.

Bidders offering more than one make/model should submit a separate State-Supplied Price Sheet for each combination offered. In the alternative, Bidders may add tabs to the bottom of the State-Supplied Price Sheet for additional makes and models bid (by copying the text and information from the original Price Sheet).

The State makes no representation and provides no guarantee as to the minimum, average or maximum volume of purchases to be made under this Contract.

This procurement is not a Small Business or Disabled Veteran-Owned Business set aside procurement.

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 product under T2877 - UTILITY TRUCK, 29,000 LB. GVWR C&C W/11'BODY, 41' W.H. HYD. PLATFORM LIFT & ACC. 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 the T2877 and click “”

· The current Contract list will appear under “Results”

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) the 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 Intrastate Cooperative Purchasing Participants to the Division’s eProcurement administrator, 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 electronically by the Division’s Proposal Review Unit, 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 will 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 Quote 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, 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

This Bid Solicitation includes an evaluation preference for those Bidders who are registered as a Small Business Enterprise (SBE) with the New Jersey Department of the Treasury Division of Revenue and Enterprise Services as of the Quote Opening Date.

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

This Bid Solicitation includes an evaluation preference for those Bidders who are registered as a Disabled Veterans’ Business with the New Jersey Department of the Treasury Division of Revenue and Enterprise Services as of the Quote Opening Date.

The Bidder must be registered as a qualified Disabled Veterans’ 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, Women and Disabled Veterans’ 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, Women and Disabled Veterans’ Business Certification status, NJSTART provides a link to take corrective action.

If the Bidder has previously registered or been certified as a Disabled Veterans’ Business, 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.

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. Additional terms are Bidder-proposed terms or conditions that do not conflict with the scope of work required in this Bid Solicitation, the terms and conditions of this Bid Solicitation, or the State of New Jersey Standard Terms and Conditions. Bidder proposed terms or conditions that conflict with those contained the State of New Jersey Standard Terms and Conditions will render a Quote non-responsive. It is incumbent upon the Bidder to identify and remove its conflicting proposed terms and conditions prior to Quote submission.

Quotes including Bidder proposed additional terms may be accepted, rejected, or negotiated, in whole or in part, at the State’s sole discretion.

If Bidder intends to propose terms and conditions that conflict with the State of New Jersey Standard Terms and Conditions, those Bidder proposed terms and conditions shall only be considered if submitted and agreed to pursuant to the electronic question and answer procedure. Bidders shall not submit exceptions or modifications as part of the Quote or on the “Terms and Conditions” Tab through NJSTART.

QUOTE CONTENT

The Quote should be submitted with the attachments organized in following manner:

· Forms

· Technical Quote

· State-Supplied Price Sheet

A Bidder should not password protect any submitted documents. Use of URLs in a Quote should be kept to a minimum and shall not be used to satisfy any material term of a Bid Solicitation. If a preprinted or other document included as part of the Quote contains a URL, a printed copy of the information should be provided and will be considered as part of the Quote.

FORMS, REGISTRATIONS AND CERTIFICATIONS TO BE SUBMITTED WITH QUOTE

A Bidder is required to complete and submit the following forms. As an alternative to uploading forms with the submitted Quote, a Bidder may complete the appropriate certifications in NJSTART on the “Terms and Categories” Tab within the Vendor Profile. Those forms that may be completed on the NJSTART “Terms and Categories” Tab noted below. Additionally, a Bidder may attach completed forms to the Vendor Profile. Refer to QRGs “Vendor Forms” and “Attaching Files” for additional instructions.

OFFER AND ACCEPTANCE PAGE

The Bidder should complete and submit the Offer and Acceptance Page with the Quote. The Offer and Acceptance Page must be signed by an authorized representative of the Bidder. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) business days of the State’s request or the State may deem the Quote non-responsive.

OWNERSHIP DISCLOSURE FORM

Pursuant to N.J.S.A. 52:25-24.2, in the event the Bidder is a corporation, partnership or limited liability company, the Bidder must disclose all 10% or greater owners by (a) completing and submitting the Ownership Disclosure Form with the Quote; (b) if the Bidder has submitted a signed and accurate Ownership Disclosure Form dated and received no more than six (6) months prior to the Quote submission deadline for this procurement, the Division may rely upon that form; however, if there has been a change in ownership within the last six (6) months, a new Ownership Disclosure Form must be completed, signed and submitted with the Quote; or, (c) a Bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest. N.J.S.A. 52:25-24.2.

NOTE: Also available on the NJSTART on the “Terms and Categories” Tab.

A Bidder’s failure to submit the information required by N.J.S.A. 52:25-24.2 will result in the rejection of the Quote as non-responsive and preclude the award of a Contract to said Bidder.

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

The Bidder should submit Disclosure of Investment Activities in Iran form to certify that, pursuant to N.J.S.A. 52:32-58, neither the Bidder, nor one (1) of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither the Bidder, nor one (1) of its parents, subsidiaries, and/or affiliates, is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the Bidder is unable to so certify, the Bidder shall provide a detailed and precise description of such activities as directed on the form. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) business days of the State’s request or the State may deem the Quote non-responsive.

NOTE: Also available on the NJSTART on the “Terms and Categories” Tab.

DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER FORM

The Bidder should submit the Disclosure of Investigations and Other Actions Involving Bidder Form, with its Quote, to provide a detailed description of any investigation, litigation, including administrative complaints or other administrative proceedings, involving any public sector clients during the past five (5) years, including the nature and status of the investigation, and, for any litigation, the caption of the action, a brief description of the action, the date of inception, current status, and, if applicable, disposition. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) business days of the State’s request or the State may deem the Quote non-responsive.

NOTE: Also available on the NJSTART on the “Terms and Categories” Tab.

MACBRIDE PRINCIPLES FORM

The Bidder should submit the MacBride Principles Form. Pursuant to N.J.S.A. 52:34-12.2, a Bidder is required to certify that it either has no ongoing business activities in Northern Ireland and does not maintain a physical presence therein or that it will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principles of nondiscrimination in employment as set forth in N.J.S.A. 52:18A-89.5 and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of their compliance with those principles. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) business days of the State’s request or the State may deem the Quote non-responsive.

NOTE: Also available on the NJSTART on the “Terms and Categories” Tab.

SERVICE PERFORMANCE WITHIN THE UNITED STATES

Not applicable to this procurement.

CONFIDENTIALITY/COMMITMENT TO DEFEND

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

The Bidder should submit a completed and signed Confidentiality /Commitment to Defend Form with the Quote. In the event that the Bidder does not submit the Confidentiality form with the Quote, the State reserves the right to request that the Bidder submit the form after Quote submission.

After the opening of sealed Quotes, all information submitted by a Bidder in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Bidder. Proprietary, financial, security and confidential information may be exempt from public disclosure by OPRA and/or the common law when the 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 Contract is announced.

As part of its Quote, a Bidder may request that portions of the Quote be exempt from public disclosure under OPRA and/or the common law. The 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 Bidder to designate its price sheet, price list/catalog, and/or the entire Quote as proprietary and/or confidential, and/or to claim copyright protection for its entire Quote. If the State does not agree with a Bidder’s designation of proprietary and/or confidential information, the State will use commercially reasonable efforts to advise the Bidder. Copyright law does not prohibit access to a record which is otherwise available under OPRA.

The State reserves the right to make the determination as to what to disclose in response to an OPRA request. Any information that the State determines to be exempt from disclosure under OPRA will be redacted.

In the event of any challenge to the Bidder’s assertion of confidentiality that is contrary to the State’s determination of confidentiality, the 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 Bidder. The State assumes no such responsibility or liability.

In order not to delay consideration of the Quote or the State’s response to a request for documents, the State requires that 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.

SUBCONTRACTOR UTILIZATION PLAN

Bidders intending to use Subcontractor(s) shall list all subcontractors on the Subcontractor Utilization Plan form or may list the Subcontractor(s) on the “Subcontractor” Tab in NJSTART.

For a Quote that does NOT include the use of any Subcontractors, the Bidder is automatically certifying that, if selected for an award, the Bidder will be performing all work required by the Contract.

If it becomes necessary for the Contractor to substitute a Subcontractor, add a Subcontractor, or substitute its own staff for a Subcontractor, the Contractor will identify the proposed new Subcontractor or staff member(s) and the work to be performed. The Contractor shall forward a written request to substitute or add a Subcontractor or to substitute its own staff for a Subcontractor to the State Contract Manager for consideration. The Contractor must provide a completed Subcontractor Utilization Plan, a detailed justification documenting the necessity for the substitution or addition, and resumes of its proposed replacement staff or of the proposed Subcontractor’s management, supervisory, and other key personnel that demonstrate knowledge, ability and experience relevant to that part of the work which the Subcontractor is to undertake. The qualifications and experience of the replacement(s) must equal or exceed those of similar personnel proposed by the Contractor in its Quote. The State Contract Manager will forward the request to the Director for approval.

NOTE: No substituted or additional Subcontractors are authorized to begin work until the Contractor has received written approval from the Director.

SMALL BUSINESS AND/OR DISABLED VETERANS’ BUSINESS SUBCONTRACTING SET-ASIDE CONTRACT Not applicable to this procurement.

PAY TO PLAY PROHIBITIONS

Pursuant to N.J.S.A. 19:44A-20.13 et seq. (P.L. 2005, c. 51), the State shall not enter into a Contract to procure services or any material, supplies or equipment, or to acquire, sell, or lease any land or building from any Business Entity, where the value of the transaction exceeds $17,500, if that Business Entity has solicited or made any contribution of money, or pledge of contribution, including in-kind contributions, to a candidate committee and/or election fund of any candidate for or holder of the public office of Governor or Lieutenant Governor, to any State, county, municipal political party committee, or to any legislative leadership committee during certain specified time periods.

Prior to awarding any Contract or agreement to any Business Entity, the Business Entity proposed as the intended Contractor of the Contract shall submit the Two-Year Chapter 51/Executive Order 117 Vendor Certification and Disclosure of Political Contributions form, certifying that no contributions prohibited by either Chapter 51 or Executive Order No. 117 have been made by the Business Entity and reporting all qualifying contributions made by the Business Entity or any person or entity whose contributions are attributable to the Business Entity. Failure to submit the required forms will preclude award of a Contract under this Bid Solicitation.

Further, the Contractor is required, on a continuing basis, to report any contributions it makes during the term of the Contract, and any extension(s) thereof, at the time any such contribution is made.

AFFIRMATIVE ACTION

The intended Contractor and its named Subcontractor(s) must submit a copy of a New Jersey Certificate of Employee Information Report, or a copy of Federal Letter of Approval verifying it is operating under a federally approved or sanctioned Affirmative Action program. If the Contractor and/or its named Subcontractor(s) are not in possession of either a New Jersey Certificate of Employee Information Report or a Federal Letter of Approval, it/they must complete and submit the Affirmative Action Employee Information Report (AA-302). Information, instruction and the application are available at https://www.state.nj.us/treasury/contract_compliance/index.shtml.

EXECUTIVE ORDER 271

Not applicable to this procurement.

STATE OF NEW JERSEY SECURITY DUE DILIGENCE THIRD-PARTY INFORMATION SECURITY QUESTIONNAIRE Not applicable to this procurement.

BUSINESS REGISTRATION

In accordance with N.J.S.A. 52:32-44(b), a Bidder and its named Subcontractors must have a valid Business Registration Certificate (“BRC”) issued by the Department of the Treasury, Division of Revenue and Enterprise Services prior to the award of a Contract. A Bidder should verify its Business Registration Certification Active status on the “Maintain Terms and Categories” Tab within its profile in NJSTART. In the event of an issue with a Bidder’s Business Registration Certification Active status, NJSTART provides a link to take corrective action.

Certification Regarding Prohibited Activities with Russia or Belarus

The Bidder should submit the Disclosure of Prohibited Activities in Russia / Belarus Form. Pursuant to P.L.2022, c. 3, a person or entity seeking to enter into or renew a contract for the provision of goods or services shall certify that it is not Engaging in Prohibited Activities in Russia or Belarus as defined by P.L.2002, c. 3, sec. 1(e). If the Contractor is unable to so certify, the Contractor shall provide a detailed and precise description of such activities.

If you certify that the bidder is engaged in activities prohibited by P.L. 2022, c. 3, the bidder shall have 90 days to cease engaging in any prohibited activities and on or before the 90th day after this certification, shall provide an updated certification. If the bidder does not provide the updated certification or at that time cannot certify on behalf of the entity that it is not engaged in prohibited activities, the State shall not award the business entity any contracts, renew any contracts, and shall be required to terminate any contract(s) the business entity holds with the State that were issued on or after the effective date of P.L. 2022, c. 3.

TECHNICAL QUOTE

Not applicable to this procurement.

BIDDER QUOTE OVERVIEW FORM

Not applicable to this procurement.

BIDDER DATA SHEET/FORM

The Bidder should submit the Bidder Data Sheet with its Quote. The Bidder Data Sheet will be used to evaluate the Bidder’s ability to complete the Scope of Work. See the “Attachments” tab in NJSTART.

The Bidder should provide in its response to Part I of the Bidder Data Sheet all relevant information regarding its experience in successfully completing contracts of a similar size and scope to the work required by this Bid Solicitation.

The Bidder must provide, in Part II of the Bidder Data Sheet, details of any negative actions taken by other contracting entities against it in the course of performing these projects including, but not limited to, receipt of letters of potential default, default, cure notices, termination of services for cause, or other similar notifications/processes. Additionally, the Bidder should provide details, including any negative audits, reports, or findings by any governmental agency for which the Bidder is/was the contractor on any contracts of similar scope. In the event a Bidder neglects to include this information in its Quote, the Bidder’s omission of necessary disclosure information may be cause for rejection of the Bidder’s Quote by the State.

If proposing to use a Subcontractor, the Bidder should provide as an attachment to the Bidder Data Sheet documented experience to demonstrate that each Subcontractor has successfully performed work on contracts of a similar size and scope to the work that the Subcontractor is designated to perform in the Bidder’s Quote. The Bidder must provide a detailed description of services to be provided by each Subcontractor.

AFFIDAVIT OF APPAREL PRODUCTION

Not applicable to this procurement.

DISCLOSURE OF PRODUCT COMPOSITION

Not applicable to this procurement.

SPECIFICATION DATA SHEETS

Bidders should submit with its Quote specification data sheets for all Equivalent Products bid. The specification data sheets must document that its product bid meets or exceeds the requirements of the Bid Solicitation specifications.

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 and outlined in Bid Solicitation Section 4.0 as necessary to confirm specification conformance must be provided.

In the event that the specification data sheets are not provided with a Bidder’s Quote, the Bidder must provide the specification data sheets within 48 hours following a written request from the State. Failure to comply with the written request within the allotted timeframe will result in a Bidder’s Quote non-responsive for the requested item(s).

SAMPLES AND TESTING

Not applicable to this procurement.

SPECIFICATION CONFORMANCE FORM

The Bidder shall submit with its Quote the Specification Conformance Form. By submitting this form, the Bidders certifies that all items offered in response to this Bid Solicitation conform to the requirements set forth in the Bid Solicitation.

MANUFACTURER’S CERTIFICATION

The Bidder should submit a letter of certification from the manufacturer whose product is supplied, certifying that the Bidder is authorized by the manufacturer to supply the good(s) and/or services specified. The certification must indicate that the Bidder was authorized by the manufacturer to supply the good(s) and/or services specified as of the Quote Opening Date.

The State reserves the right to request such certification and to require that such certification be provided within five (5) business days from the time it is requested.

MANUFACTURER’S PUBLISHED LIST OF OPTIONS AND ATTACHMENTS/PRICE LIST

The Bidder should submit a manufacturer's published list of options and attachments, compatible with the goods offered, with corresponding pricing for the Unit bid with its Quote. The Bidder should upload the price list as an attachment through NJSTART. Upon establishment of a Contract, the manufacturers published list of options shall become a part of the Contract and will be uploaded to NJSTART.

If a Bidder does not provide the manufacturer's published list of options and attachments with corresponding pricing for the price line item(s) bid with its Quote, the State reserves the right to request such information from the Bidder. The Bidder must respond to such request by providing all requested information within forty-eight (48) hours. If the information requested is not received within forty-eight (48) hours, the Quote may be deemed non-responsive.

PRICE LIST AND/OR CATALOG

Not applicable for this procurement.

FINANCIAL CAPABILITY OF THE BIDDER

The Bidder should provide sufficient financial information to enable the State to assess the financial strength and creditworthiness of the Bidder and its ability to undertake and successfully complete the Contract. In order to provide the State with the ability to evaluate the Bidder’s financial capacity and capability to undertake and successfully complete the Contract, the Bidder should submit the following:

A. For publicly traded companies the Bidder should provide copies or the electronic location of the annual reports filed for the two most recent years; or B. For privately held companies the Bidder should provide the certified financial statement (audited or reviewed) in accordance with applicable standards by an independent Certified Public Accountant which include a balance sheet, income statement, and statement of cash flow,…