T2923 RFP Protected.docx

Bid Solicitation/Request for Proposal

Department of Corrections (DOC)

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

Mandatory/Optional Pre-Quote {Proposal} Conference (Refer to Bid Solicitation {RFP} Section 1.3.6 for more information.)

Mandatory/Optional Site Visit (Refer to Bid Solicitation {RFP} Section 1.3.5 for more information.)

N/A

N/A

Quote {Proposal} Submission Date (Refer to Bid Solicitation {RFP} Section 1.3.2 for more information.)

Dates are subject to change. All times contained in the Bid Solicitation {RFP} refer to Eastern Time. All changes will be reflected in Bid Amendments {Addenda} to the Bid Solicitation {RFP} 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. {Contract}

☐ Partial Blanket P.O. {Contract}

☐ Subcontracting Only Category

☐ I ☐ IV

☐ II ☐ V

☐ III ☐ VI

Bid Solicitation {RFP} Issued By Using Agency/Agencies

Division of Purchase and Property Trenton, New Jersey 086250230

Date: 12/14/2017

Table of Contents

INFORMATION FOR VENDORS {BIDDERS}

NOTICE: This Bid Solicitation {Request for Proposal (RFP)} 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 {RFP}, including the instructions on the Bid Solicitation’s {RFP’s} Offer and Acceptance Page {Signatory 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 {Proposal}.

NJSTART terminology is used in this document; legacy term appears in braces; thus: NJSTART term {legacy term}.

PURPOSE AND INTENT

This Bid Solicitation {RFP} is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of Department of Corrections – Agri-Industries (DOC). The purpose of this Bid Solicitation {RFP} is to solicit Quotes {Proposals} for Liquid Packaging Bags for processed milk and fruit juices.

The intent of this Bid Solicitation {RFP} is to award a Master Blanket Purchase Order (Blanket P.O.) {Contract} to that responsible Vendor {Bidder} whose Quote {Proposal}, conforming to this Bid Solicitation {RFP} 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. {Contract} during the Blanket P.O. {Contract} term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.

It is the State’s intent to make one award in accordance with Sections 6.6 of this Bid Solicitation {RFP}.

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

BACKGROUND

This is a reprocurement of the product/services provided under the Liquid Packaging Bags for Processed Milk and Fruit Juices – Agri-Industries term Blanket P.O. {Contract}, which expired on November 9, 2017.

For informational purposes only, the following Blanket P.O. {Contract} was established in August 2013 under T 2923:

A84699 $0.686 per bag

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 {RFP} in NJSTART.

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

B. Each question should begin by referencing the Bid Solicitation {RFP} 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 {RFP}, prior to the final award of the Blanket P.O. {Contract}.

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

In order to be considered for award, the Quote {Proposal} must be received by the Procurement Bureau of the Division at the appropriate location by the required time. Vendors {Bidders} shall submit a Quote {Proposal} either electronically through NJSTART or via hard copy.

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

IF THE QUOTE {PROPOSAL} OPENING DEADLINE HAS BEEN REVISED, THE NEW QUOTE {PROPOSAL} OPENING DEADLINE SHALL BE SHOWN ON THE POSTED BID AMENDMENT {ADDENDUM} 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 {RFP} or any other Blanket P.O. {Contract} 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 {Proposal} using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote {Proposal} and attachments have been properly submitted.

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

MANDATORY/OPTIONAL PRE-QUOTE {PROPOSAL} CONFERENCE

Not applicable to this procurement.

PRE-QUOTE {PROPOSAL} DOCUMENT REVIEW

Not applicable to this procurement.

ADDITIONAL Information

BID AMENDMENTS {ADDENDA}: Revisions to this BID SOLICITATION {RFP}

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

There are no designated dates for release of Bid Amendments {Addenda}. 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) {Addenda}. If a Vendor {Bidder} is not on the bid holder list to receive notifications related to a Bid Solicitation {RFP}, Bid Amendments {Addenda} are still viewable on the “Summary” page of the Bid Solicitation {RFP} in NJSTART.

BID AMENDMENTS {ADDENDA} WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE VIEWABLE ON THE “SUMMARY” PAGE OF THE BID SOLICITATION {RFP} 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 {Addenda} 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 {Proposal} in response to this Bid Solicitation {RFP}. No special consideration will be given after Quotes {Proposals} are opened because of a Vendor’s {Bidder’s} failure to be knowledgeable as to all of the requirements of this Bid Solicitation {RFP}.

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 {Proposal} in response to this Bid Solicitation {RFP}.

CONTENTS of QUOTE {Proposal}

Quotes {Proposals} 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 {Proposals}, including Quotes {Proposals} submitted through the NJSTART electronic process, all information submitted by a Vendor {Bidder} in response to a Bid Solicitation {RFP} 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 {RFP} contains a negotiation component, the Quote {Proposal} will not be subject to public disclosure until a notice of intent to award a Blanket P.O. {Contract} is announced.

As part of its Quote {Proposal}, 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. The location in the Quote {Proposal} of any such designation should be clearly stated in a cover letter.

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 {Proposal} will be redacted by the State. The State will not honor any attempt by a Vendor {Bidder} to designate its entire Quote {Proposal} and/or prices as proprietary, confidential and/or to claim copyright protection for its entire Quote {Proposal}. 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 {RFP} has been extended to these participants) and thus must be made public to allow all eligible purchasing entities access to the pricing information.

ANNOUNCEMENT OF QUOTE {PROPOSAL} INFORMATION

On the date and time Quotes {Proposals} are due under the Bid Solicitation {RFP}, all information concerning the Quotes {Proposals} 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 {Proposals} will be announced, and the contents of the Quotes {Proposals} shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

PRICE Alteration In QUOTES {Proposals}

Any price changes including hand written revisions or "white-outs" must be initialed. Failure to initial price changes shall preclude a Blanket P.O. {Contract} award from being made to the Vendor {Bidder}.

QUOTE {Proposal} ERRORS

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

QUOTE {PROPOSAL} WITHDRAWAL PRIOR TO QUOTE {PROPOSAL} OPENING

NJSTART: A Vendor {Bidder} may withdraw its Quote {Proposal} submission in NJSTART prior to the Quote {Proposal} opening; however, Vendors {Bidders} should note that while withdrawn NJSTART Quotes {Proposals} 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. {Contract} award. The Vendor {Bidder} may submit a revised Quote {Proposal} as long as the Quote {Proposal} is received prior to the announced date and time for Quote {Proposal} 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 {Proposal} be withdrawn prior to the Quote {Proposal} 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 {Proposal} as long as the Quote {Proposal} is received prior to the announced date and time for Quote {Proposal} submission and at the place specified.

QUOTE {PROPOSAL} WITHDRAWAL AFTER QUOTE {PROPOSAL} OPENING, BUT PRIOR TO BLANKET P.O. {CONTRACT} AWARD

NJSTART and Hard Copy: If, after the Quote {Proposal} opening, but before Blanket P.O. {Contract} award, a Vendor {Bidder} discovers an error in its Quote {Proposal}, the Vendor {Bidder} may make a written request to the Supervisor of the Proposal Review Unit to withdraw its Quote {Proposal}, 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 {Proposal} 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. {Contract} resulting from the Quote {Proposal} would be unconscionable; that the mistake relates to a material feature or term of the Blanket P.O. {Contract}; and that the mistake occurred notwithstanding the Vendor’s {Bidder’s} exercise of reasonable care. After Quote {Proposal} opening, while pursuant to the provisions of this section a Vendor {Bidder} may request to withdraw its Quote {Proposal} and the Director may in 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 {Proposals}.

All Quote {Proposal} withdrawal requests must include the Bid Solicitation {RFP} identification number and the final Quote {Proposal} 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 {Proposal} evaluation process, an obvious pricing error made by a potential Blanket P.O. {Contract} awardee is found, the Director or 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 {Proposal} shall be considered withdrawn, and no further consideration shall be given to it.

JOINT Venture

If a Joint Venture is submitting a Quote {Proposal}, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote {Proposal}. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance Page {Signatory 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 {RFP}.

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 {Proposal} 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 {Proposal} or submit it to the Director within five (5) business days after the deadline for Quote {Proposal} submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote {Proposal} 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 {PROPOSAL} 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 {Proposal} and N.J.A.C. 17:12-2.2 which defines causes for Quote {Proposal} rejection, apply to all Quotes {Proposals}.

ELECTRONIC SIGNATURES

Vendors {Bidders} submitting Quotes {Proposals} through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote {Proposal}) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket P.O. {Contract} Award and That Should Be Submitted with the Quote {Proposal}) of this Bid Solicitation {RFP} 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 {Proposals} in hard copy format, must provide forms with original, physical signatures, otherwise its Quote {Proposal} may be deemed non-responsive.

1.4.12 PRICE List and/or catalog pricing

Not applicable to this procurement.

DEFINITIONS

CROSSWALK

General Definitions

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

NJSTART terminology is used in this document; legacy term appears in braces; thus: NJSTART term {legacy term}.

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 {Proposal} opening, with or without prior discussion or negotiation.

Bid or Bid Solicitation {RFP or Solicitation} – This series of documents, which establish the bidding and Blanket P.O. {Contract} requirements and solicits Quotes {Proposals} to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation {RFP}, State of NJ Standard Terms and Conditions (SSTC), price schedule, attachments, and Bid Amendments {Addenda}.

Bid Amendment {Addendum} – Written clarification or revision to this Bid Solicitation {RFP} issued by the Bureau. Bid Amendments {Addenda}, if any, will be issued prior to Quote {Proposal} 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 {Contract Amendment} – An alteration or modification of the terms of a Blanket P.O. {Contract} between the State and the Vendor(s) {Contractor(s)}. A Change Order {Contract Amendment} 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 {Contracts} 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 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 {Proposals} submitted in response to this Bid Solicitation {RFP} and recommend a Blanket P.O. {Contract} 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.) {Contract} – The Blanket P.O. {Contract} consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation {RFP}, the responsive Quote {Proposal} 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 {Addenda} or other supporting documents, or post-award documents including Change Orders {Contract Amendments} 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 {Proposal} 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 - The Division unit responsible for the preparation, advertisement, and issuance of Bid Solicitations {RFPs}, for the tabulation of Quotes {Proposals} and for recommending award(s) of Blanket P.O.(s) {Contract(s)} to the Director and the Deputy Director.

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

QRGs – Quick Reference Guides.

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

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 {Proposal}.

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) $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).

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 {Contract Amendment}.

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. {Contract}, while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket P.O. {Contract}, 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. {Contract} procured by the Division. This Blanket P.O. {Contract} may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation {RFP}. 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. {Contract} may be used by any Using Agency or quasi-State governmental entity.

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

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

BLANKET P.O. {contract}-specific definitions/ACRONYMS

FDA - Food and Drug Administration

PMO – Pasteurized Milk Ordinance

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

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

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

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

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

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

RMAN - Recovered Materials Advisory Notices provide purchasing guidance and recommendations for recovered and post-consumer material content levels for designated items.

USEPA - United States Environmental Protection Agency

SCOPE OF WORK

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

product Specifications

The chart below provides the technical specifications for the item included within this Bid Solicitation {RFP}.

Capacity: Minimum six (6) gallons and must not exceed 6.25 gallons.

Material thickness: Minimum of two (2) ply/layers totaling a minimum of 5.0 mils .

Material type: Poly Fill fitment: standard spout with tube cap.

Evacuation method: wrapped tube.

Tube length: Minimum 8.5 inches.

Case Packaging: Not less than 100 bags and not to exceed 300 bags per case

Must be compatible for use with Liqui Box 1000C1B-0 and/or Liqui Box 1000 C1T-0 beverage dispensers.

Product should meet the following:

Approximate Empty Dimensions: 18.0 inches (w) x 27.0 inches (l) Approximate Filled Dimensions: 20.5 inches (w) x 26.75 inches (l)

FDA Requirements Products offered must meet all applicable federal regulations/guidelines for food and beverage packaging as stated in the Pasteurized Milk Ordinance, Appendix “J” located at the following address:

https://www.fda.gov/downloads/food/guidanceregulation/guidancedocumentsregulatoryinformation/milk/ucm513508.pdf delivery Requirements

Location, Contact Personnel, Dates, and Times

Vendors {Contractors} must provide contracted items and the delivery of the contracted items directly to Department of Corrections (DOC) at the following address:

Department of Corrections Agri-Industries Jones Farm 721 Bear Tavern Rd.

West Trenton, NJ 08628

Deliveries for all contracted items shall be made within the delivery timeframe noted on all Purchase Orders and in strict accordance with the instructions from the Using Agency. Delivery days ARO must not exceed thirty (30) calendar days.

Delivery due dates are indicated for each item ordered on each Purchase Order issued taking into account the Vendor’s {Contractor’s} ARO delivery requirements. Deliveries may be made Monday through Friday (excluding State holidays) from 5:00 AM until 3:00 PM and must arrive in time for the delivery to be completed by no later than 3:00 PM.

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

· New Year’s Day;

· Martin Luther King Jr. Day;

· Presidents Day;

· Good Friday;

· Memorial Day;

· Independence Day;

· Labor Day;

· Columbus Day;

· Election Day;

· Veterans Day;

· Thanksgiving Day; and

· Christmas Day.

All contracted items are subject to final acceptance at the point of delivery. Deliveries containing damaged goods may be either partially accepted by DOC (with damaged goods rejected) or totally rejected by DOC depending on the severity of the damage. Vendors {Contractors} shall be responsible for any shipments rejected by the DOC and the rejected item(s) must be removed from the DOC premises at the Vendor’s {Contractor’s} expense.

If a Vendor {Contractor} anticipates a late delivery for any reason, the Vendor {Contractor} must immediately make the details known to the DOC in writing. The DOC reserves the right to cancel all or part of any such order and purchase the item(s) elsewhere.

If the Vendor {Contractor} fails to deliver by the specified delivery date, the DOC reserves the right to cancel the portion of the order which the Vendor {Contractor} failed to deliver within the specified delivery time and purchase that item elsewhere, charging the increase in price and cost of handling, if any, to the Vendor {Contractor}. In the event of Blanket P.O. {Contract} cancellation for cause, the State reserves the right to cancel all outstanding orders.

Vendors {Contractors} must deliver quantities ordered by DOC, (DOC may order more per delivery, if necessary, to accommodate anticipated sales). A Vendor {Contractor} must not change quantities ordered after receiving a purchase order. Any overages, not previously approved by DOC, may be refused by DOC at the Vendor’s {Contractor’s} expense. Any shortages may be cause for the issuance of a formal complaint to the Division’s Contract Compliance and Audit Unit.

Vendors {Contractors} must not combine deliveries of items with various scheduled delivery dates, unless authorized by DOC.

The cargo section of the delivery vehicle must be clean and totally free of garbage, refuse, trash and other matter that may be involved in the development of pathogenic or toxigenic microorganisms that could possibly cause undesirable deterioration of the contracted items.

The cargo section of all delivery vehicles must be free of all obnoxious odors that may immigrate into the contracted items or the packaging rendering the contracted items unacceptable for use. The presence of any of these conditions shall be cause for complete rejection of the delivery.

The carrier truck driver must bear sole responsibility for any "re-working" of palletized goods for the removal of any damaged goods from acceptable goods. DOC shall not be responsible for any additional costs associated with this procedure. This will apply to all carriers and all deliveries. It shall be the responsibility of the Vendor {Contractor} to communicate these requirements to the carriers it employs for deliveries to DOC.

A packing slip must accompany all deliveries, indicating the name of the Vendor {Contractor} and a valid DOC Purchase Order Number. Deliveries not properly identified may be rejected and returned at the Vendor’s {Contractor's} expense.

The Vendor {Contractor} must provide a receipt for each delivery, indicating the items being delivered and the DOC Purchase Order Number. The Vendor {Contractor} must obtain proof of delivery signed by an authorized employee of the DOC receiving unit or location. This proof of delivery must accompany the Vendor’s {Contractor's} invoice submitted for payment.

All delivery shall be FOB Destination for platform (dock) delivery to DOC only in the quantity indicated on each Purchase Order.

replacement of unsatisfactory product

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

substitution of discontinued OR REFORMULATED products

The Vendor {Contractor} may offer a substitution for any item discontinued or reformulated by the manufacturer awarded in its Blanket P.O. {Contract}. All substitutions must be approved by the State.

The Vendor {Contractor} must write to the Division’s assigned Procurement Specialist for T-2923 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 replacement product being offered, detailed literature for the replacement product being offered, the price of the discontinued or reformulated item and the price of the product being offered as a replacement. The replacement product being offered must meet or exceed the specifications of the discontinued or reformulated item. The State will not approve the substitution of a discontinued or reformulated item without all of the above information.

The replacement product shall be offered to the State at the same or lessor price as the discontinued or reformulated product unless proper justification is submitted for a price adjustment. Please refer to Section 5.2.1 of the Bid Solicitation {RFP}.

In an unprecedented situation (such as a natural disaster, strike, or raw material shortage), as determined by and approved by the State, a Vendor {Contractor} may offer a substitute product for the contracted product on a temporary basis, until the contracted product can be offered, provided that the requirements listed above are met. Once the contracted product is able to be offered, the Vendor {Contractor} must immediately notify the State in writing. A temporary replacement of product is not meant as a permanent product replacement.

Upon approval, a Change Order {Contract Amendment} will be issued and the replacement product will be uploaded to the Division website

Additional information

Listed in the chart below is the estimated unit quantity to be ordered by the DOC over a three (3) year term:

Listed in the chart below is the estimated minimum unit quantity to be ordered by the DOC on a per order (per delivery) basis:

The State makes no guarantees to neither any minimum, or average, or maximum quantities, nor total quantities during the Blanket P.O. {Contract} term, including any extension(s) thereof. The State reserves the right to increase, decrease or eliminate quantities in their entirety. Product ordering is on an as-needed basis and will vary.

QUOTE {PROPOSAL} PREPARATION AND SUBMISSION

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

General

Quotes {Proposals} including Vendor {Bidder} proposed terms and conditions may be accepted, but Vendor {Bidder} proposed terms or conditions that conflict with those contained in the Bid Solicitation {RFP} as defined in Section 2.0 of this Bid Solicitation {RFP}, or that diminish the State’s rights under any Blanket P.O. {Contract} resulting from the Bid Solicitation {RFP}, will be considered null and void. The State is not responsible for identifying conflicting Vendor {Bidder} proposed terms and conditions before issuing a Blanket P.O. {Contract} award. It is incumbent upon the Vendor {Bidder} to identify and remove its conflicting proposed terms and conditions prior to Quote {Proposal} submission. In the event that a Vendor {Bidder} intends to propose terms and conditions contrary to the Bid Solicitation {RFP}, these Vendor {Bidder} proposed terms and conditions shall only be considered if submitted pursuant to the procedure set forth in Section 1.3.1 of this Bid Solicitation {RFP}. Vendors {Bidders} shall not submit exceptions on the “Terms and Conditions” Tab through NJSTART. Under no circumstance is the State required to accept a Vendor’s {Bidder’s} exception to the Bid Solicitation {RFP}.

In the event that prior to Notice of Intent to Award, the Division notifies the Vendor {Bidder} of any such conflicting Vendor {Bidder} proposed term or condition and the conflict it poses, the Division may require the Vendor {Bidder} to either withdraw it or withdraw its Quote {Proposal}.

After award of Blanket P.O. {Contract}:

A. If conflict arises between a Vendor {Bidder} proposed term or condition included in the Quote {Proposal} and a term or condition of the Bid Solicitation {RFP}, the term or condition of the Bid Solicitation {RFP} will prevail; and

B. If the result of the application of a Vendor {Bidder} proposed term or condition included in the Quote {Proposal} would diminish the State’s rights, the Vendor {Bidder} proposed term or condition will be considered null and void.

The Vendor {Bidder} is advised to thoroughly read and follow all instructions contained in this Bid Solicitation {RFP}, including the instructions on the Bid Solicitation’s {RFP’s} Offer and Acceptance Page {Signatory Page} and through all QRGs located on the NJSTART Vendor Support Page, in preparing and submitting its Quote {Proposal}.

Use of URLs in a Quote {Proposal} should be kept to a minimum and may not be used to satisfy any material term of a Bid Solicitation {RFP}. If a preprinted or other document included as part of the Quote {Proposal} contains a URL, a printed (or if a Quote {Proposal} is submitted electronically, electronic) copy of the URL page shall be provided and will be considered as part of the Quote {Proposal}. Additional URLs on the copy of the URL page shall not be considered as part of the Quote {Proposal} unless a copy of those URL pages are also provided.

The forms discussed herein and required for submission of a Quote {Proposal} in response to this Bid Solicitation {RFP} are available on the Division’s website (http://www.state.nj.us/treasury/purchase/forms.shtml) unless noted otherwise.

QUOTE {Proposal} Delivery and Identification

A Quote {Proposal} must arrive at the Division in accordance with this Bid Solicitation’s {RFP’s} instructions within the time frames noted on the Bid Solicitation {RFP} cover sheet and on the “Summary” page of the Bid Solicitation in NJSTART,or as indicated on the posted Bid Amendment {Addendum} if the Quote {Proposal} Opening Date has been changed. Vendors {Bidders} submitting electronic Quotes {Proposals} via NJSTART are cautioned to allow adequate time to ensure timely uploads of all Quote {Proposal} documents to mitigate unforeseen delays or issues. Vendors {Bidders} submitting hard copy Quotes {Proposals} are cautioned to allow adequate delivery time to ensure timely delivery of Quotes {Proposals}. State regulation mandates that late Quotes {Proposals}, regardless of submission method, are ineligible for consideration.

NJSTART electronic submission VS. hard copy SUBMISSION INSTRUCTION

NJSTART SUBMISSION OF QUOTE {PROPOSAL}

Vendors {Bidders} may refer to the Quick Reference Guides (QRGs) “Vendor Registration” and “Submit a Quote” for additional instructions detailing how to enroll in NJSTART and submit a NJSTART electronic Quote {Proposal}.