T2967 Revised Bid Solicitation 5.8.20~3.docx

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Attached to
T2967 Green Acres Program - Title Searches
Solicitation number
20DPP00475
Issued by
New Jersey

About this file

This document is a bid solicitation issued by the State of New Jersey Department of the Treasury Division of Purchase and Property on behalf of the New Jersey Department of Environmental Protection (NJDEP) for the provision of title search services, including reports and insurance, by licensed title producers. The intent is to award up to eight statewide blanket purchase orders for these services. The solicitation covers key events such as the electronic question and answer period, submission of quotes, mandatory/optional site visits and pre-quote conferences, and other procedural requirements. The contract term is not specified, but may be extended.

The solicitation includes specific requirements for the title search operations, deliverables, reports, and related services such as title rundowns, settlement/closing, insurance policies, endorsements, and additional services. Pricing will follow the New Jersey Land Title Insurance Rating Bureau Manual of Rates and Charges, with an awarded percentage discount. The work will be issued on a rotational basis among the awarded vendors according to their quoted pricing. Funding for the projects may come from various federal sources like FEMA and HUD, in addition to state sources, and vendors must comply with the applicable federal procurement requirements.

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T2967 Ownership Disclosure Form.pdf PDF
T2967 Revised State-Supplied Price Sheet 5.8.20~4.xlsx XLSX spreadsheet
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Text version

Bid Solicitation #20DPP00475
For:
T2967 – Green Acres Program -

Title Searches

Event
Date
Time

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

2/14/2020
2:00 PM

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

Not Applicable
Not Applicable

Mandatory/Optional Site Visit (Refer to Bid Solicitation Section 1.3.4 for more information.)

Not Applicable

Not Applicable

Quote Submission Date (Refer to Bid Solicitation Section 1.3.2 for more information.)

35/519/2020
2:00 PM

Dates are subject to change. All times contained in the Bid Solicitation refer to Eastern Time. All changes will be reflected in Bid Amendments to the Bid Solicitation posted on www.njstart.gov.

☒ 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 Environmental Protection Cooperative Purchasing Program Participants

Date: 15/288/20

Table of Contents

1.0INFORMATION FOR VENDORS {BIDDERS}6
1.1PURPOSE AND INTENT6
1.2BACKGROUND6
1.2.1METHOD OF OPERATION7
1.3KEY EVENTS7
1.3.1ELECTRONIC QUESTION AND ANSWER PERIOD7
1.3.2SUBMISSION OF QUOTES7
1.3.3VENDOR {BIDDER} SUPPORT8
1.3.4MANDATORY/OPTIONAL SITE VISIT8
1.3.5MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE8
1.3.6PRE-QUOTE DOCUMENT REVIEW8
1.4ADDITIONAL INFORMATION8
1.4.1BID AMENDMENTS: Revisions to this BID SOLICITATION8
1.4.2VENDOR {BIDDER} Responsibility8
1.4.3COST LIABILITY8
1.4.4CONTENTS OF QUOTE9
1.4.5ANNOUNCEMENT OF QUOTE INFORMATION9
1.4.6PRICE ALTERATION IN QUOTES10
1.4.7QUOTE ERRORS10
1.4.8JOINT VENTURE11
1.4.9RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE11
1.4.10QUOTE ACCEPTANCES AND REJECTIONS11
1.4.11ELECTRONIC SIGNATURES11
2.0DEFINITIONS12
2.1CROSSWALK12
2.2GENERAL DEFINITIONS12
2.3BLANKET P.O. SPECIFIC DEFINITIONS/ACRONYMS15
3.0SCOPE OF WORK19
3.1VENDOR {CONTRACTOR} REQUIREMENTS19
3.2QUALIFICATIONS19
3.3METHOD OF OPERATION19
3.4PROJECT FUNDING20
3.5RATE MANUAL20
3.6DELIVERABLES AND REPORTS FOR SEARCHES20
3.6.1PHOTOCOPYING22
3.7TITLE SEARCH OPERATIONS22
3.8TRANSACTION MANAGEMENT PLATFORM FEE24
3.9TITLE RUNDOWN CONTINUATION25
3.10SETTLEMENT/CLOSING OF TITLE25
3.11TITLE INSURANCE POLICIES25
3.11.1INSURANCE POLICY DELIVERABLES26
3.11.2DUPLICATE POLICIES26
3.12SURVEY ENDORSEMENTS26
3.13OVERNIGHT OR SPECIAL DELIVERY SERVICES26
3.14ESCROW SERVICE26
3.15RECORDING FEE27
3.16ADDITIONAL TITLE SERVICES27
3.17TESTIMONY AND LITIGATION SUPPORT27
3.18BLANKET P.O. AWARD MEETING27
3.19PAYMENT28
3.20FEDERAL GRANT PROCUREMENT REQUIREMENTS28
3.21ACCESS TO RECORDS28
3.22EPA SEAL, LOGO, AND FLAGS28
3.23USING AGENCY RESPONSIBILITIES28
4.0QUOTE PREPARATION AND SUBMISSION30
4.1GENERAL30
4.2QUOTE DELIVERY AND IDENTIFICATION30
4.3NJSTART ELECTRONIC SUBMISSION30
4.3.1NJSTART SUBMISSION OF QUOTE30
4.3.2RESERVED31
4.4QUOTE CONTENT31
4.4.1FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH QUOTE31
4.4.2FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED BEFORE BLANKET P.O. AWARD AND THAT SHOULD BE SUBMITTED WITH THE QUOTE36
4.4.3VENDOR {BIDDER} DEMONSTRATION OF ITS ABILITY TO COMPLETE THE SCOPE OF WORK38
4.4.4FINANCIAL CAPABILITY OF THE VENDOR {BIDDER}39
4.4.5STATE-SUPPLIED PRICE SHEET40
4.4.6COOPERATIVE PURCHASING PROGRAM41
5.0SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O.42
5.1PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS42
5.2BLANKET P.O. TERM AND EXTENSION OPTION42
5.3BLANKET P.O. TRANSITION42
5.4CHANGE ORDER42
5.5VENDOR {CONTRACTOR} RESPONSIBILITIES43
5.6SUBSTITUTION OF STAFF43
5.7SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)43
5.8OWNERSHIP OF MATERIAL44
5.9CONFIDENTIALITY45
5.9.1DATA SECURITY STANDARDS46
5.10NEWS RELEASES47
5.11ADVERTISING47
5.12LICENSES AND PERMITS47
5.13CLAIMS AND REMEDIES48
5.13.1CLAIMS48
5.13.2REMEDIES48
5.13.3REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL BLANKET P.O. REQUIREMENTS48
5.14LIQUIDATED DAMAGES48
5.15RETAINAGE48
5.16ADDITIONAL WORK AND/OR SPECIAL PROJECTS48
5.17MODIFICATIONS AND CHANGES TO THE State of NJ STANDARD TERMS AND CONDITIONS (SSTC)49
5.17.1INDEMNIFICATION49
5.17.2INSURANCE - PROFESSIONAL LIABILITY INSURANCE49
5.18ACCESSIBILITY COMPLIANCE50
5.19BLANKET P.O. ACTIVITY REPORT50
5.20ELECTRONIC PAYMENTS50
5.21PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES50
6.0QUOTE EVALUATION52
6.1RIGHT TO WAIVE52
6.2DIRECTOR’S RIGHT OF FINAL Quote ACCEPTANCE52
6.3STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES52
6.4Clarification of Quote / STATE'S RIGHT TO REQUEST FURTHER INFORMATION52
6.5QUOTE EVALUATION COMMITTEE52
6.6ORAL PRESENTATION52
6.7EVALUATION CRITERIA53
6.7.1VENDOR’S {BIDDER’S} STATE-SUPPLIED PRICE SHEET53
6.7.2QUOTE DISCREPANCIES53
6.8NEGOTIATION AND BEST AND FINAL OFFER (BAFO)53
6.9“REQUEST FOR REVISION” WITHIN NJSTART54
6.10POOR PERFORMANCE54
7.0BLANKET P.O. AWARD55
7.1DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD55
7.1.1REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (FORMERLY EXECUTIVE ORDER NO. 134), EXECUTIVE ORDER NO. 117 (2008) AND N.J.A.C. 17:12-5 ET SEQ.55
7.1.2SOURCE DISCLOSURE REQUIREMENTS56
7.1.3AFFIRMATIVE ACTION56
7.1.4BUSINESS REGISTRATION56
7.2FINAL BLANKET P.O. AWARD57
7.3INSURANCE CERTIFICATES57
7.4PERFORMANCE SECURITY57
8.0BLANKET P.O. ADMINISTRATION58
8.1STATE CONTRACT MANAGER58
8.1.1STATE CONTRACT MANAGER RESPONSIBILITIES58
8.1.2COORDINATION WITH THE STATE CONTRACT MANAGER58
9.0STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS59
1. STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT59
1.1 contract terms CROSSWALK59
2.STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS59
2.1BUSINESS REGISTRATION59
2.2ANTI-DISCRIMINATION60
2.3PREVAILING WAGE ACT60
2.4AMERICANS WITH DISABILITIES ACT60
2.5MACBRIDE PRINCIPLES60
2.6PAY TO PLAY PROHIBITIONS60
2.7POLITICAL CONTRIBUTION DISCLOSURE61
2.8STANDARDS PROHIBITING CONFLICTS OF INTEREST61
2.9NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE62
2.10COMPLIANCE - LAWS62
2.11COMPLIANCE - STATE LAWS62
2.12Warranty of no solicitation on commission or contingent fee basis62
3.STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET FORTH IN LAW OR BASED ON THE TYPE OF CONTRACT62
3.1COMPLIANCE - CODES62
3.2PUBLIC WORKS CONTRACTOR REGISTRATION ACT63
3.3PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS63
3.4BUILDING SERVICE64
3.5THE WORKER AND COMMUNITY RIGHT TO KNOW ACT64
3.6SERVICE PERFORMANCE WITHIN U.S.64
3.7BUY AMERICAN65
4.INDEMNIFICATION AND INSURANCE65
4.1INDEMNIFICATION65
4.2INSURANCE65
5.TERMS GOVERNING ALL CONTRACTS66
5.1CONTRACTOR IS INDEPENDENT CONTRACTOR66
5.2CONTRACT AMOUNT66
5.3CONTRACT TERM AND EXTENSION OPTION66
5.4STATE’S OPTION TO REDUCE SCOPE OF WORK66
5.5CHANGE IN LAW67
5.6SUSPENSION OF WORK67
5.7TERMINATION OF CONTRACT67
5.8SUBCONTRACTING OR ASSIGNMENT68
5.9NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE68
5.10MERGERS, ACQUISITIONS68
5.11PERFORMANCE GUARANTEE OF CONTRACTOR68
5.12DELIVERY REQUIREMENTS69
5.13APPLICABLE LAW AND JURISDICTION69
5.14CONTRACT AMENDMENT69
5.15MAINTENANCE OF RECORDS69
5.16ASSIGNMENT OF ANTITRUST CLAIM(S)69
670
6.1PRICE FLUCTUATION DURING CONTRACT70
6.2TAX CHARGES70
6.3PAYMENT TO VENDORS70
6.4OPTIONAL PAYMENT METHOD: P-CARD71
6.5NEW JERSEY PROMPT PAYMENT ACT71
6.6AVAILABILITY OF FUNDS71
7.TERMS RELATING TO ALL CONTRACTS FUNDED, IN WHOLE OR IN PART, BY FEDERAL FUNDS71
7.1PROCUREMENT OF RECOVERED MATERIALS72
7.2EQUAL EMPLOYMENT OPPORTUNITY73
7.3DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED75
7.4CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 3701-370875
7.5RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT75
7.6CLEAN AIR ACT, 42 U.S.C. 7401-7671Q, AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387, AS AMENDED75
7.7DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)76
7.8BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 135276
1.0INFORMATION FOR VENDORS {BIDDERS}6
1.1PURPOSE AND INTENT6
1.2BACKGROUND6
1.2.1METHOD OF OPERATION7
1.3KEY EVENTS7
1.3.1ELECTRONIC QUESTION AND ANSWER PERIOD7
1.3.2SUBMISSION OF QUOTES7
1.3.3VENDOR {BIDDER} SUPPORT8
1.3.4MANDATORY/OPTIONAL SITE VISIT8
1.3.5MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE8
1.3.6PRE-QUOTE DOCUMENT REVIEW8
1.4ADDITIONAL INFORMATION8
1.4.1BID AMENDMENTS: Revisions to this BID SOLICITATION8
1.4.2VENDOR {BIDDER} Responsibility8
1.4.3COST LIABILITY8
1.4.4CONTENTS OF QUOTE9
1.4.5ANNOUNCEMENT OF QUOTE INFORMATION9
1.4.6PRICE ALTERATION IN QUOTES10
1.4.7QUOTE ERRORS10
1.4.8JOINT VENTURE11
1.4.9RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE11
1.4.10QUOTE ACCEPTANCES AND REJECTIONS11
1.4.11ELECTRONIC SIGNATURES11
2.0DEFINITIONS12
2.1CROSSWALK12
2.2GENERAL DEFINITIONS12
2.3BLANKET P.O. SPECIFIC DEFINITIONS/ACRONYMS15
3.0SCOPE OF WORK19
3.1VENDOR {CONTRACTOR} REQUIREMENTS19
3.2QUALIFICATIONS19
3.3METHOD OF OPERATION19
3.4PROJECT FUNDING20
3.5RATE MANUAL20
3.6DELIVERABLES AND REPORTS FOR SEARCHES20
3.6.1PHOTOCOPYING22
3.7TITLE SEARCH OPERATIONS22
3.8TRANSACTION MANAGEMENT PLATFORM FEE24
3.9TITLE RUNDOWN CONTINUATION25
3.10SETTLEMENT/CLOSING OF TITLE25
3.11TITLE INSURANCE POLICIES25
3.11.1INSURANCE POLICY DELIVERABLES26
3.11.2DUPLICATE POLICIES26
3.12SURVEY ENDORSEMENTS26
3.13OVERNIGHT OR SPECIAL DELIVERY SERVICES26
3.14ESCROW SERVICE26
3.15RECORDING FEE27
3.16ADDITIONAL TITLE SERVICES27
3.17TESTIMONY AND LITIGATION SUPPORT27
3.18BLANKET P.O. AWARD MEETING27
3.19PAYMENT28
3.20FEDERAL GRANT PROCUREMENT REQUIREMENTS28
3.21ACCESS TO RECORDS28
3.22EPA SEAL, LOGO, AND FLAGS28
3.23USING AGENCY RESPONSIBILITIES28
4.0QUOTE PREPARATION AND SUBMISSION30
4.1GENERAL30
4.2QUOTE DELIVERY AND IDENTIFICATION30
4.3NJSTART ELECTRONIC SUBMISSION30
4.3.1NJSTART SUBMISSION OF QUOTE30
4.3.2RESERVED31
4.4QUOTE CONTENT31
4.4.1FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH QUOTE31
4.4.2FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED BEFORE BLANKET P.O. AWARD AND THAT SHOULD BE SUBMITTED WITH THE QUOTE36
4.4.3VENDOR {BIDDER} DEMONSTRATION OF ITS ABILITY TO COMPLETE THE SCOPE OF WORK38
4.4.4FINANCIAL CAPABILITY OF THE VENDOR {BIDDER}39
4.4.5STATE-SUPPLIED PRICE SHEET40
4.4.6COOPERATIVE PURCHASING PROGRAM42
5.0SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O.43
5.1PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS43
5.2BLANKET P.O. TERM AND EXTENSION OPTION43
5.3BLANKET P.O. TRANSITION43
5.4CHANGE ORDER43
5.5VENDOR {CONTRACTOR} RESPONSIBILITIES44
5.6SUBSTITUTION OF STAFF44
5.7SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)44
5.8OWNERSHIP OF MATERIAL45
5.9CONFIDENTIALITY46
5.9.1DATA SECURITY STANDARDS47
5.10NEWS RELEASES48
5.11ADVERTISING48
5.12LICENSES AND PERMITS48
5.13CLAIMS AND REMEDIES49
5.13.1CLAIMS49
5.13.2REMEDIES49
5.13.3REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL BLANKET P.O. REQUIREMENTS49
5.14LIQUIDATED DAMAGES49
5.15RETAINAGE49
5.16ADDITIONAL WORK AND/OR SPECIAL PROJECTS49
5.17MODIFICATIONS AND CHANGES TO THE State of NJ STANDARD TERMS AND CONDITIONS (SSTC)50
5.17.1INDEMNIFICATION50
5.17.2INSURANCE - PROFESSIONAL LIABILITY INSURANCE50
5.18ACCESSIBILITY COMPLIANCE51
5.19BLANKET P.O. ACTIVITY REPORT51
5.20ELECTRONIC PAYMENTS51
5.21PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES51
6.0QUOTE EVALUATION53
6.1RIGHT TO WAIVE53
6.2DIRECTOR’S RIGHT OF FINAL Quote ACCEPTANCE53
6.3STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES53
6.4Clarification of Quote / STATE'S RIGHT TO REQUEST FURTHER INFORMATION53
6.5QUOTE EVALUATION COMMITTEE53
6.6ORAL PRESENTATION53
6.7EVALUATION CRITERIA54
6.7.1VENDOR’S {BIDDER’S} STATE-SUPPLIED PRICE SHEET54
6.7.2QUOTE DISCREPANCIES54
6.8NEGOTIATION AND BEST AND FINAL OFFER (BAFO)54
6.9“REQUEST FOR REVISION” WITHIN NJSTART55
6.10POOR PERFORMANCE55
7.0BLANKET P.O. AWARD56
7.1DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD56
7.1.1REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (FORMERLY EXECUTIVE ORDER NO. 134), EXECUTIVE ORDER NO. 117 (2008) AND N.J.A.C. 17:12-5 ET SEQ.56
7.1.2SOURCE DISCLOSURE REQUIREMENTS57
7.1.3AFFIRMATIVE ACTION57
7.1.4BUSINESS REGISTRATION57
7.2FINAL BLANKET P.O. AWARD58
7.3INSURANCE CERTIFICATES58
7.4PERFORMANCE SECURITY58
8.0BLANKET P.O. ADMINISTRATION59
8.1STATE CONTRACT MANAGER59
8.1.1STATE CONTRACT MANAGER RESPONSIBILITIES59
8.1.2COORDINATION WITH THE STATE CONTRACT MANAGER59
9.0STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS60
1. STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT60
1.1 contract terms CROSSWALK60
2.STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS60
2.1BUSINESS REGISTRATION60
2.2ANTI-DISCRIMINATION61
2.3PREVAILING WAGE ACT61
2.4AMERICANS WITH DISABILITIES ACT61
2.5MACBRIDE PRINCIPLES61
2.6PAY TO PLAY PROHIBITIONS61
2.7POLITICAL CONTRIBUTION DISCLOSURE62
2.8STANDARDS PROHIBITING CONFLICTS OF INTEREST62
2.9NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE63
2.10COMPLIANCE - LAWS63
2.11COMPLIANCE - STATE LAWS63
2.12Warranty of no solicitation on commission or contingent fee basis63
3.STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET FORTH IN LAW OR BASED ON THE TYPE OF CONTRACT63
3.1COMPLIANCE - CODES63
3.2PUBLIC WORKS CONTRACTOR REGISTRATION ACT64
3.3PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS64
3.4BUILDING SERVICE65
3.5THE WORKER AND COMMUNITY RIGHT TO KNOW ACT65
3.6SERVICE PERFORMANCE WITHIN U.S.65
3.7BUY AMERICAN66
4.INDEMNIFICATION AND INSURANCE66
4.1INDEMNIFICATION66
4.2INSURANCE66
5.TERMS GOVERNING ALL CONTRACTS67
5.1CONTRACTOR IS INDEPENDENT CONTRACTOR67
5.2CONTRACT AMOUNT67
5.3CONTRACT TERM AND EXTENSION OPTION67
5.4STATE’S OPTION TO REDUCE SCOPE OF WORK67
5.5CHANGE IN LAW68
5.6SUSPENSION OF WORK68
5.7TERMINATION OF CONTRACT68
5.8SUBCONTRACTING OR ASSIGNMENT69
5.9NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE69
5.10MERGERS, ACQUISITIONS69
5.11PERFORMANCE GUARANTEE OF CONTRACTOR69
5.12DELIVERY REQUIREMENTS70
5.13APPLICABLE LAW AND JURISDICTION70
5.14CONTRACT AMENDMENT70
5.15MAINTENANCE OF RECORDS70
5.16ASSIGNMENT OF ANTITRUST CLAIM(S)70
671
6.1PRICE FLUCTUATION DURING CONTRACT71
6.2TAX CHARGES71
6.3PAYMENT TO VENDORS71
6.4OPTIONAL PAYMENT METHOD: P-CARD72
6.5NEW JERSEY PROMPT PAYMENT ACT72
6.6AVAILABILITY OF FUNDS72
7.TERMS RELATING TO ALL CONTRACTS FUNDED, IN WHOLE OR IN PART, BY FEDERAL FUNDS72
7.1PROCUREMENT OF RECOVERED MATERIALS73
7.2EQUAL EMPLOYMENT OPPORTUNITY74
7.3DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED76
7.4CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 3701-370876
7.5RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT76
7.6CLEAN AIR ACT, 42 U.S.C. 7401-7671Q, AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387, AS AMENDED76
7.7DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)77
7.8BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 135277
1.0INFORMATION FOR VENDORS {BIDDERS}6
1.1PURPOSE AND INTENT6
1.2BACKGROUND6
1.2.1METHOD OF OPERATION7
1.3KEY EVENTS7
1.3.1ELECTRONIC QUESTION AND ANSWER PERIOD7
1.3.2SUBMISSION OF QUOTES7
1.3.3VENDOR {BIDDER} SUPPORT8
1.3.4MANDATORY/OPTIONAL SITE VISIT8
1.3.5MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE8
1.3.6PRE-QUOTE DOCUMENT REVIEW8
1.4ADDITIONAL INFORMATION8
1.4.1BID AMENDMENTS: Revisions to this BID SOLICITATION8
1.4.2VENDOR {BIDDER} Responsibility8
1.4.3COST LIABILITY8
1.4.4CONTENTS OF QUOTE9
1.4.5ANNOUNCEMENT OF QUOTE INFORMATION9
1.4.6PRICE ALTERATION IN QUOTES10
1.4.7QUOTE ERRORS10
1.4.8JOINT VENTURE11
1.4.9RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE11
1.4.10QUOTE ACCEPTANCES AND REJECTIONS11
1.4.11ELECTRONIC SIGNATURES11
2.0DEFINITIONS12
2.1CROSSWALK12
2.2GENERAL DEFINITIONS12
2.3BLANKET P.O. SPECIFIC DEFINITIONS/ACRONYMS15
3.0SCOPE OF WORK19
3.1VENDOR {CONTRACTOR} REQUIREMENTS19
3.2QUALIFICATIONS19
3.3METHOD OF OPERATION19
3.4PROJECT FUNDING20
3.5RATE MANUAL20
3.6DELIVERABLES AND REPORTS FOR SEARCHES20
3.6.1PHOTOCOPYING22
3.7TITLE SEARCH OPERATIONS22
3.8TRANSACTION MANAGEMENT PLATFORM FEE24
3.9TITLE RUNDOWN CONTINUATION25
3.10SETTLEMENT/CLOSING OF TITLE25
3.11TITLE INSURANCE POLICIES25
3.11.1INSURANCE POLICY DELIVERABLES26
3.11.2DUPLICATE POLICIES26
3.12SURVEY ENDORSEMENTS26
3.13OVERNIGHT OR SPECIAL DELIVERY SERVICES26
3.14ESCROW SERVICE26
3.15RECORDING FEE27
3.16additional TITLE SERVICES27
3.17TESTIMONY AND LITIGATION SUPPORT27
3.18BLANKET P.O. AWARD MEETING28
3.19PAYMENT28
3.20FEDERAL GRANT PROCUREMENT REQUIREMENTS28
3.21ACCESS TO RECORDS28
3.22EPA SEAL, LOGO, AND FLAGS28
3.23USING AGENCY RESPONSIBILITIES28
4.0QUOTE PREPARATION AND SUBMISSION30
4.1GENERAL30
4.2QUOTE DELIVERY AND IDENTIFICATION30
4.3NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION30
4.3.1NJSTART SUBMISSION OF QUOTE30
4.3.2HARD COPY SUBMISSION31
4.4QUOTE CONTENT32
4.4.1FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH QUOTE32
4.4.2FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED BEFORE BLANKET P.O. AWARD AND THAT SHOULD BE SUBMITTED WITH THE QUOTE37
4.4.3VENDOR {BIDDER} DEMONSTRATION OF ITS ABILITY TO COMPLETE THE SCOPE OF WORK39
4.4.4FINANCIAL CAPABILITY OF THE VENDOR {BIDDER}40
4.4.5STATE-SUPPLIED PRICE SHEET41
4.4.6COOPERATIVE PURCHASING PROGRAM43
5.0SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O.44
5.1PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS44
5.2BLANKET P.O. TERM AND EXTENSION OPTION44
5.3BLANKET P.O. TRANSITION44
5.4CHANGE ORDER44
5.5VENDOR {CONTRACTOR} RESPONSIBILITIES45
5.6SUBSTITUTION OF STAFF45
5.7SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S)45
5.8OWNERSHIP OF MATERIAL46
5.9CONFIDENTIALITY47
5.9.1DATA SECURITY STANDARDS48
5.10NEWS RELEASES49
5.11ADVERTISING49
5.12LICENSES AND PERMITS49
5.13CLAIMS AND REMEDIES50
5.13.1CLAIMS50
5.13.2REMEDIES50
5.13.3REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL BLANKET P.O. REQUIREMENTS50
5.14LIQUIDATED DAMAGES50
5.15RETAINAGE50
5.16ADDITIONAL WORK AND/OR SPECIAL PROJECTS50
5.17MODIFICATIONS AND CHANGES TO THE State of NJ STANDARD TERMS AND CONDITIONS (SSTC)51
5.17.1INDEMNIFICATION51
5.17.2INSURANCE - PROFESSIONAL LIABILITY INSURANCE51
5.18ACCESSIBILITY COMPLIANCE52
5.19BLANKET P.O. ACTIVITY REPORT52
5.20ELECTRONIC PAYMENTS52
5.21PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES52
6.0QUOTE EVALUATION54
6.1RIGHT TO WAIVE54
6.2DIRECTOR’S RIGHT OF FINAL Quote ACCEPTANCE54
6.3STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES54
6.4Clarification of Quote / STATE'S RIGHT TO REQUEST FURTHER INFORMATION54
6.5QUOTE EVALUATION COMMITTEE54
6.6ORAL PRESENTATION54
6.7EVALUATION CRITERIA55
6.7.1VENDOR’S {BIDDER’S} STATE-SUPPLIED PRICE SHEET55
6.7.2QUOTE DISCREPANCIES55
6.8NEGOTIATION AND BEST AND FINAL OFFER (BAFO)55
6.9“REQUEST FOR REVISION” WITHIN NJSTART56
6.10POOR PERFORMANCE56
7.0BLANKET P.O. AWARD57
7.1DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD57
7.1.1REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (FORMERLY EXECUTIVE ORDER NO. 134), EXECUTIVE ORDER NO. 117 (2008) AND N.J.A.C. 17:12-5 ET SEQ.57
7.1.2SOURCE DISCLOSURE REQUIREMENTS58
7.1.3AFFIRMATIVE ACTION58
7.1.4BUSINESS REGISTRATION58
7.2FINAL BLANKET P.O. AWARD59
7.3INSURANCE CERTIFICATES59
7.4PERFORMANCE SECURITY59
8.0BLANKET P.O. ADMINISTRATION60
8.1STATE CONTRACT MANAGER60
8.1.1STATE CONTRACT MANAGER RESPONSIBILITIES60
8.1.2COORDINATION WITH THE STATE CONTRACT MANAGER60
9.0STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS61
1. STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT61
1.1 contract terms CROSSWALK61
2.STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS61
2.1BUSINESS REGISTRATION61
2.2ANTI-DISCRIMINATION62
2.3PREVAILING WAGE ACT62
2.4AMERICANS WITH DISABILITIES ACT62
2.5MACBRIDE PRINCIPLES62
2.6PAY TO PLAY PROHIBITIONS62
2.7POLITICAL CONTRIBUTION DISCLOSURE63
2.8STANDARDS PROHIBITING CONFLICTS OF INTEREST63
2.9NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE64
2.10COMPLIANCE - LAWS64
2.11COMPLIANCE - STATE LAWS64
2.12Warranty of no solicitation on commission or contingent fee basis64
3.STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET FORTH IN LAW OR BASED ON THE TYPE OF CONTRACT64
3.1COMPLIANCE - CODES64
3.2PUBLIC WORKS CONTRACTOR REGISTRATION ACT65
3.3PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS65
3.4BUILDING SERVICE66
3.5THE WORKER AND COMMUNITY RIGHT TO KNOW ACT66
3.6SERVICE PERFORMANCE WITHIN U.S.66
3.7BUY AMERICAN67
4.INDEMNIFICATION AND INSURANCE67
4.1INDEMNIFICATION67
4.2INSURANCE67
5.TERMS GOVERNING ALL CONTRACTS68
5.1CONTRACTOR IS INDEPENDENT CONTRACTOR68
5.2CONTRACT AMOUNT68
5.3CONTRACT TERM AND EXTENSION OPTION68
5.4STATE’S OPTION TO REDUCE SCOPE OF WORK68
5.5CHANGE IN LAW69
5.6SUSPENSION OF WORK69
5.7TERMINATION OF CONTRACT69
5.8SUBCONTRACTING OR ASSIGNMENT70
5.9NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE70
5.10MERGERS, ACQUISITIONS70
5.11PERFORMANCE GUARANTEE OF CONTRACTOR70
5.12DELIVERY REQUIREMENTS71
5.13APPLICABLE LAW AND JURISDICTION71
5.14CONTRACT AMENDMENT71
5.15MAINTENANCE OF RECORDS71
5.16ASSIGNMENT OF ANTITRUST CLAIM(S)71
672
6.1PRICE FLUCTUATION DURING CONTRACT72
6.2TAX CHARGES72
6.3PAYMENT TO VENDORS72
6.4OPTIONAL PAYMENT METHOD: P-CARD73
6.5NEW JERSEY PROMPT PAYMENT ACT73
6.6AVAILABILITY OF FUNDS73
7.TERMS RELATING TO ALL CONTRACTS FUNDED, IN WHOLE OR IN PART, BY FEDERAL FUNDS73
7.1PROCUREMENT OF RECOVERED MATERIALS74
7.2EQUAL EMPLOYMENT OPPORTUNITY75
7.3DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED77
7.4CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 3701-370877
7.5RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT77
7.6CLEAN AIR ACT, 42 U.S.C. 7401-7671Q, AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387, AS AMENDED77
7.7DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)78
7.8BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 135278

1. 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 (https://www.state.nj.us/treasury/purchase/vendor.shtml), before preparing and submitting its Quote.

0. 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 New Jersey Department of Environmental Protection (NJDEP). The purpose of this Bid Solicitation is to solicit Quotes for the provision of title search services, including reports and insurance, by licensed title producers.

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

The State intends to award up to eight (8) Statewide Blanket P.O.s. Vendors {Bidders} will be evaluated in accordance with Bid Solicitation Section 6.0, Quote Evaluation.

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

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

0. BACKGROUND

This is a reprocurement of the services under Green Acres Program – Title Search Services, presently due to expire on June September 30, 2020. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T2967 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 “T2967”, Click “Find It” The current Blanket P.O.s will appear under “Results”.

1. METHOD OF OPERATION

Refer to Bid Solicitation 3.3, Method of Operation.

0. KEY EVENTS

2. 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.

1. 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

1. Each question should begin by referencing the Bid Solicitation page number and section number to which it relates.

Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

A Vendor {Bidder} shall not contact the Using Agency and/or the Procurement Specialist directly, in person, by telephone or by e-mail, concerning this Bid Solicitation, prior to the final award of the Blanket P.O.

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

0. 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.

2. SUBMISSION OF QUOTES

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

Vendors {Bidders} shall submit a Quote either electronically through NJSTART or via hard copy.

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

IF THE QUOTE OPENING DEADLINE HAS BEEN REVISED, THE NEW QUOTE OPENING DEADLINE SHALL BE SHOWN ON THE POSTED BID AMENDMENT AND ON THE “SUMMARY” TAB OF THE BID SOLICITATION WEBPAGE WITHIN NJSTART.

Procedural inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov and/or (609) 341-3500.

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

2. 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.

2. MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

2. MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

Not applicable to this procurement.

2. PRE-QUOTE DOCUMENT REVIEW

Not applicable to this procurement.

0. ADDITIONAL INFORMATION

3. 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.

3. 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.

3. 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.

3. 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, including Quotes submitted through the NJSTART electronic process, all information submitted by a Vendor {Bidder} in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Vendor {Bidder}. Proprietary, 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. Please include a redacted copy of the Quote indicating the sections identified as confidential. The State will not honor any attempts by a Vendor {Bidder} to designate its entire Quote as proprietary, confidential and/or to claim copyright protection for its entire Quote.

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

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

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

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

3. 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:

1. Information appropriately designated as proprietary and/or confidential shall not be available for inspection and copying; and

1. 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.

3. PRICE ALTERATION IN QUOTES

Any price changes including hand written revisions or "white-outs" must be initialed. Failure to initial price changes shall preclude a Blanket P.O. award from being made to the Vendor {Bidder} pursuant to N.J.A.C. 17:12-2.2(a)(8).

3. 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.

6. QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

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

Hard Copy: A Vendor {Bidder} may request that its hard copy Quote be withdrawn prior to the Quote opening. Such request must be made, in writing, to the Supervisor of the Proposal Review Unit at the address provided in Section 1.4.7.2 below. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission and at the place specified.

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

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

All Quote withdrawal requests must include the Bid Solicitation identification number and the final Quote submission date and be sent to the following email address: Africa.Nelson@treas.nj.gov All Quote withdrawal requests must include the Bid Solicitation identification number and the final Quote submission date and be sent to the following address:

Department of the Treasury Division of Purchase and Property PO Box 230 33 West State Street – 9th Floor Trenton, New Jersey 08625-0039 Attention: Supervisor, Proposal Review Unit

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

3. 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.

3. RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE

In accordance with N.J.S.A. 52:32-1.4 and N.J.A.C. 17:12-2.13, the State of New Jersey will invoke reciprocal action against an out-of-State Vendor {Bidder} whose state or locality maintains a preference practice for its in-state Vendors {Bidders}. The State of New Jersey will use the annual surveys compiled by the Council of State Governments, National Association of State Procurement Officials, or the National Institute of Governmental Purchasing or a State’s statutes and regulations to identify States having preference laws, regulations, or practices and to invoke reciprocal actions. The State of New Jersey may obtain additional information as it deems appropriate to supplement the stated survey information.

A Vendor {Bidder} may submit information related to preference practices enacted for a State or Local entity outside the State of New Jersey. This information may be submitted in writing as part of the Quote response, including name of the locality having the preference practice, as well as identification of the county and state, and should include a copy of the appropriate documentation, i.e., resolution, regulation, law, notice to Vendor {Bidder}, etc. It is the responsibility of the Vendor {Bidder} to provide documentation with the Quote or submit it to the Director within five (5) business days after the deadline for Quote submission. Written evidence for a specific procurement that is not provided to the Director within five (5) business days of the public Quote submission date may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.

3. 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.

3. ELECTRONIC SIGNATURES

Vendors {Bidders} submitting Quotes through NJSTART may sign the forms listed in Section 4.4.1 (Forms, Registrations and Certifications Required with Quote) and Section 4.4.2 (Forms, Registrations and Certifications Required Before Blanket P.O. Award and That Should Be Submitted with the Quote) of this Bid Solicitation electronically by typing the name of the authorized signatory in the “Signature” block as an alternative to downloading, physically signing the form, scanning the form, and uploading the form to NJSTART.

Vendors {Bidders} submitting Quotes in hard copy format, must provide forms with original, physical signatures, otherwise its Quote may be deemed non-responsive.

1. DEFINITIONS

1. CROSSWALK

NJSTART Term
Equivalent Statutory, Regulatory and/or Legacy Term
Bid/Bid Solicitation
Request For Proposal (RFP)/Solicitation
Bid Amendment
Addendum
Change Order
Contract Amendment
Master Blanket Purchase Order (Blanket P.O.)
Contract
Offer and Acceptance Page
Signatory Page
Quote
Proposal
Vendor
Bidder/Contractor

1. 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 standard price reduction applied by the Vendor {Bidder} to all items.

Division – The Division of Purchase and Property.

Evaluation Committee – A committee established or Division staff member assigned by the Director to review and evaluate Quotes submitted in response to this Bid Solicitation and recommend a Blanket P.O. award to the Director.

Firm Fixed Price – A price that is all-inclusive of direct cost and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, clerical support, equipment, materials, supplies, managerial (administrative) support, all documents, reports, forms, travel, reproduction and any other costs.

Joint Venture – A business undertaking by two (2) or more entities to share risk and responsibility for a specific project.

Master Blanket Purchase Order (Blanket P.O.) – The Blanket P.O. consists of the State of NJ Standard Terms and Conditions (SSTC), the Bid Solicitation, the responsive Quote submitted by a responsible Vendor {Bidder} as accepted by the State, the notice of award, any Best and Final Offer, any subsequent written document memorializing the agreement, any modifications to any of these documents approved by the State and any attachments, Bid Amendment or other supporting documents, or post-award documents including Change Orders agreed to by the State and the Vendor {Contractor}, in writing.

May – Denotes that which is permissible or recommended, not mandatory.

Must – Denotes that which is a mandatory requirement.

No Bid – The Vendor {Bidder} is not submitting a price Quote for an item on a price line.

No Charge – The Vendor {Bidder} will supply an item on a price line free of charge.

Primary Form – An electronic form contained within a Vendor’s {Bidder’s} NJSTART profile designated by the Vendor {Bidder} as the primary or principal version of the required form.

Procurement Bureau (Bureau) – The Division unit responsible for the preparation, advertisement, and issuance of Bid Solicitations, for the tabulation of Quotes and for recommending award(s) of Blanket P.O.(s) to the Director and the Deputy Director.

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

QRGs – Quick Reference Guides.

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

Retainage – The amount withheld from the Vendor {Contractor} payment that is retained and subsequently released upon satisfactory completion of performance milestones by the Vendor {Contractor}.

Revision – A response to a BAFO request or a requested clarification of the Vendor’s {Bidder’s} 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…

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