T2981 Revised Bid Solicitation 12.9.2020.docx

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Attached to
T2981- Locking Hardware - Statewide
Solicitation number
19DPP00467
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 State Using Agencies and Cooperative Purchasing Program Participants for a statewide Blanket Purchase Order (Blanket P.O.) for various types and brands of locking hardware. The intent is to award a Blanket P.O. to each responsive vendor that submits a qualifying quote. The solicitation includes one price line for locking hardware and an additional line for expedited delivery, restocking fees, and return shipping. Quotes are due by January 8, 2021 at 2:00 PM Eastern Time. There is no mandatory site visit or pre-quote conference. The Blanket P.O. will be awarded to each responsive vendor and is not set aside for small businesses or disabled veteran-owned businesses. The Blanket P.O. will be for an initial term with options to extend. Pricing is to be submitted as a firm, fixed percentage discount or markup from the vendor's price list or catalog. The State will evaluate quotes and may negotiate and request best and final offers before making awards.

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Bid Solicitation #19DPP00467
For:
T2981 Locking Hardware-Statewide
Event
Date
Time

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

12/09/2020
2:00 PM

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

Not Applicable

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

Not Applicable

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

01/08/2021
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 Cooperative Purchasing Program Participants

Date: 11/12/2020 12/9/2020

1.0INFORMATION FOR VENDORS {BIDDERS}5
1.1PURPOSE AND INTENT5
1.2background6
1.2.1NOTABLE CHANGEs SINCE THE LAST BID SOLICITATION7
Specification Conformance:7
1.3Key Events7
1.3.1ELECTRONIC QUESTION AND ANSWER PERIOD7
1.3.2SUBMISSION OF QUOTES8
1.3.3VENDOR {BIDDER} SUPPORT8
1.3.4MANDATORY/OPTIONAL SITE VISIT9
1.3.5MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE9
1.3.6PRE-QUOTE DOCUMENT REVIEW9
1.4ADDITIONAL Information9
1.4.1BID AMENDMENTS: Revisions to this BID SOLICITATION9
1.4.2VENDOR {BIDDER} Responsibility9
1.4.3COST Liability9
1.4.4CONTENTS of QUOTE10
1.4.5ANNOUNCEMENT OF QUOTE INFORMATION10
1.4.6PRICE Alteration In QUOTES11
1.4.7QUOTE ERRORS11
1.4.8JOINT Venture12
1.4.9Reciprocity for Jurisdictional Vendor Preference12
1.4.10QUOTE ACCEPTANCES AND REJECTIONS12
1.4.11ELECTRONIC SIGNATURES12
2.0DEFINITIONS12
2.1CROSSWALK12
2.2General Definitions13
2.3BLANKET P.O. specific definitions/ACRONYMS16
3.0SCOPE OF WORK – REQUIREMENTS OF THE VENDOR {CONTRACTOR}18
3.1General18
3.2technical specifications – CATEGORY 1, price line 118
aGENCY USE LINE – PRICE LINE 219
3.3delivery requirements19
3.3.1emergency deliveries20
3.3.2restocking fees/return shipping charges20
3.4GUARANTEE/Warranty20
3.5Manuals and Instructions20
3.6SUBSTITUTION OF PRODUCT20
3.6.1REPLACEMENT OF UNSATISFACTORY PRODUCT20
3.7CURRENT Production ITEMS21
3.8price list updates21
3.9BLANKET P.O. IMPLEMENTATION (ORDERING PROCESS)21
3.10samples22
3.11authorized dealers/distributors22
3.12manufacturer’s certification23
4.0QUOTE PREPARATION AND SUBMISSION – REQUIREMENTS OF THE VENDOR {BIDDER}24
4.1General24
4.2QUOTE Delivery and Identification24
4.3NJSTART electronic submission24
4.3.1NJSTART SUBMISSION OF QUOTE24
4.3.2RESERVED25
4.4QUOTE Content25
4.4.1Forms, rEGISTRATIONS and CERTIFICATIONS required with QUOTE25
4.4.2Forms, REGISTRATIONS AND CERTIFICATIONS REQUIRED before BLANKET P.O. award and THAT SHOULD BE SUBMITTED with the QUOTE29
4.4.3SUBmittals30
4.4.4Financial Capability of the Vendor {Bidder}31
4.4.5STATE-SUPPLIED PRICE SHEET32
5.0SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O.36
5.1PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS36
5.2BLANKET P.O. Term and Extension Option36
5.2.1PRODUCT ADDITION36
5.3BLANKET P.O. Transition37
5.4CHANGE ORDER37
5.5Vendor {contractor} Responsibilities37
5.6Claims and Remedies38
5.6.1Claims38
5.6.2Remedies38
5.6.3Remedies for failure to comply with material Blanket P.O. requirements38
5.7Items Ordered and Delivered38
5.8MANUFACTURING/PACKAGING REQUIREMENTS38
5.9ELECTRONIC PAYMENTS38
5.10Substitution or Addition of SubCONTRACTOR(s)39
5.11BLANKET P.O. Activity Report39
5.12PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES39
5.13News Releases40
5.14Advertising40
6.0QUOTE EVALUATION41
6.1RIGHT TO WAIVE41
6.2director’s right of final quote acceptance41
6.3STATE'S RIGHT TO INSPECT VENDOR {BIDDER} FACILITIES41
6.4Clarification of Quote / STATE'S RIGHT TO REQUEST FURTHER INFORMATION41
6.5Oral evaluation committee41
6.6Oral Presentation41
6.7Evaluation Criteria42
6.7.1QUOTE discrepancies42
6.7.2tIE-BREAKING CRITERIA42
6.7.3Evaluation of the QUOTES42
6.8Negotiation and Best and Final Offer (BAFO)42
6.9“REQUEST FOR REVISION” WITHIN NJSTART43
6.10POOR PERFORMANCE43
7.0BLANKET P.O. AWARD44
7.1DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD44
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.44
7.1.2SOURCE DISCLOSURE REQUIREMENTS44
7.1.3AFFIRMATIVE Action45
7.1.4BUSINESS REGISTRATION45
7.2FINAL BLANKET P.O. AWARD45
7.3INSURANCE CERTIFICATES45
7.4Performance SECURITY46
8.0BLANKET P.O. ADMINISTRATION47
8.1STATE CONTRACT MANAGER47
8.1.1state contract manager responsibilities47
8.1.2Coordination with the State Contract manager47
9.0 STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS48
1. STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT48
1.1 contract terms CROSSWALK48
3.1COMPLIANCE - CODES51
3.2PUBLIC WORKS CONTRACTOR REGISTRATION ACT52
3.3PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS52
3.4BUILDING SERVICE53
3.5THE WORKER AND COMMUNITY RIGHT TO KNOW ACT53
3.6SERVICE PERFORMANCE WITHIN U.S.53
3.7BUY AMERICAN54
4.INDEMNIFICATION AND INSURANCE54
4.1INDEMNIFICATION54
4.2INSURANCE54
5.TERMS GOVERNING ALL CONTRACTS55
5.1CONTRACTOR IS INDEPENDENT CONTRACTOR55
5.2CONTRACT AMOUNT55
5.3CONTRACT TERM AND EXTENSION OPTION55
5.4STATE’S OPTION TO REDUCE SCOPE OF WORK55
5.5CHANGE IN LAW56
5.6SUSPENSION OF WORK56
5.7TERMINATION OF CONTRACT56
5.8SUBCONTRACTING OR ASSIGNMENT57
5.9NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE57
5.10MERGERS, ACQUISITIONS57
5.11PERFORMANCE GUARANTEE OF CONTRACTOR57
5.12DELIVERY REQUIREMENTS58
5.13APPLICABLE LAW AND JURISDICTION58
5.14CONTRACT AMENDMENT58
5.15MAINTENANCE OF RECORDS58
5.16ASSIGNMENT OF ANTITRUST CLAIM(S)58
6.1PRICE FLUCTUATION DURING CONTRACT59
6.2TAX CHARGES59
6.3PAYMENT TO VENDORS59
6.4OPTIONAL PAYMENT METHOD: P-CARD60
6.5NEW JERSEY PROMPT PAYMENT ACT60
6.6AVAILABILITY OF FUNDS60
7.TERMS RELATING TO ALL CONTRACTS FUNDED, IN WHOLE OR IN PART, BY FEDERAL FUNDS60
7.1CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS61
7.2DOMESTIC PREFERENCE FOR PROCUREMENTS61
7.3PROCUREMENT OF RECOVERED MATERIALS61
7.4EQUAL EMPLOYMENT OPPORTUNITY62
7.5DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED63
7.6COPELAND ANTI-KICKBACK ACT64
7.7CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 3701-370864
7.8RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT65
7.9CLEAN AIR ACT, 42 U.S.C. 7401-7671Q, AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387, AS AMENDED65
7.10DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)65
7.11BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 135266

INFORMATION FOR VENDORS {BIDDERS}

NOTICE: This Bid Solicitation is part of the NJSTART Procurement Program. The Vendor {Bidder} is advised to thoroughly read all sections, as many have been revised, and follow all instructions contained in this Bid Solicitation, including the instructions on the Bid Solicitation’s Offer and Acceptance Page and read through all Quick Reference Guides (QRGs) located on the NJSTART Vendor Support Page , before preparing and submitting its Quote.

PURPOSE AND INTENT

This Bid Solicitation is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of State Using Agencies and Cooperative Purchasing Program Participants. The purpose of this Bid Solicitation is to solicit Quotes for various types and brands of locking hardware.

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.

There is one (1) price line for locking hardware listed in Section 3.2 of the Bid Solicitation and on the State-Supplied Price Sheet. The State intends to award a Statewide Blanket P.O. to each responsive Vendor {Bidder} that submits a Quote that meets the category definition and requirements of the Bid Solicitation.

The Bid Solicitation and State-Supplied Price Sheet contains two (2) price lines identified below:

Category/ Price Line Number
Category Item Description/Definition

Locks, padlocks, deadbolts, dead latches, hinges, door closures, gate locks, door pulls/knobs/handles, door closers, strikes, cover plates, wall stoppers, key rings, replacement keys and master/override keys, key systems, key machines, exit devices, exit alarms, panic devices, access control systems and internal locking parts and accessories, and all related options, parts and accessories associated with the above items.

Agency Use Line for expedited delivery charges, restocking fees or return shipping charges only.

A Vendor {Bidder} must only bid on Price Line 1.

An Agency-Use Price Line (Price Line 2) will be added to all Vendors {Contractors} Blanket P.O.s to allow for the Using Agency payment of expedited delivery charges, restocking fees or return shipping charges.

The item description listed above is not exhaustive. Vendors {Bidders} are not required to supply, through a manufacturers price list/catalog, all items in the item description listed above. Any additional components or accessories that meet the category may be offered on the price list/catalog. The State reserves the right to redact any products within a price list/catalog that do not meet the category.

A Vendor {Bidder} may bid multiple product brands for the category. Please refer to Bid Solicitation Section 4.4.5.2 for more information.

The State intends to award a Statewide Blanket P.O. to each responsive Vendor {Bidder} that submits a Quote that meets the category definition and requirements of the Bid Solicitation in accordance with Sections 6.7 and 7.2 of this Bid Solicitation.

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

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 4.4.3.2 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.

background

This is a reprocurement of T2981 Locking Hardware (Parts Only) term Blanket P.O., presently due to expire on April 30, 2021. Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T2981 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 “T2981”, Click “Find It” The current Blanket P.O.s will appear under “Results”.

Vendors {Bidders} are cautioned that this new Bid Solicitation addresses current requirements. Vendors {Bidders} should not rely upon or use data from the prior Blanket P.O.

Please be advised that all services pertaining to locking hardware, including but not limited to, installation, training, consulting and maintenance services, are not part of this Bid Solicitation.

The following Blanket P.O. is applicable to locksmith services:

T0675 - LOCKSMITH SERVICE & ASSOCIATED PARTS

NOTABLE CHANGEs SINCE THE LAST BID SOLICITATION

This Bid Solicitation has been revised since the last reprocurement of this commodity. Please thoroughly read the entire Bid Solicitation including all sub-sections.

Notable changes include, but are not limited to:

Percentage Discount or Markup:

A Vendor {Bidder} may offer a firm, fixed percentage discount or markup from the product price list, by entering the percentage discount or markup bid on the State-Supplied Price Sheet. Please refer to Bid Solicitation Section 4.4.5.2.

Blanket P.O. Award:

The State intends to award a Statewide Blanket P.O. to each responsive Vendor {Bidder} that submits a Quote that meets the category definition and requirements of the Bid Solicitation. (During the last procurement cycle, Vendors {Bidders} were awarded a Blanket P.O. based on the lowest cost per brand line bid, based on the discounts provided for retail, distributor or wholesale price list bid.)

Note: Vendors {Bidders} may offer any price list type (such as retail, wholesale, jobber, invoice/cost, etc.) offered by the brand manufacturer.

Submittals:

Bid Solicitation Section 4.4.3 has been amended as follows:

Specification Conformance:

The Vendor {Bidder} shall submit with its Quote a Vendor’s {Bidder’s} certification in the form of the attachment titled “Specification Conformance Certification”, confirming that all items offered in response to this Bid Solicitation conform to the requirements set forth in Section 3.0 of this Bid Solicitation. Please see the attachment titled “Specification Conformance Certification”.

In lieu of the above Vendor’s {Bidder’s} certification, a Vendor {Bidder} shall submit a preprinted price list or catalog for each brand bid. The price list and/or catalog submitted must clearly indicate the products and brands offered and the firm, fixed pricing associated with the products such that the applicable Bid Solicitation category/price line may be determined.

The Vendor {Bidder} must submit:

· the Specification Conformance Certification or;

· a preprinted price list or catalog for each brand bid with the Quote submission as stated above. Failure to do so shall render a Vendor’s {Bidder’s} Quote non-responsive.

Key Events

ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Vendors {Bidders} via the “Q&A” Tab of the Bid Solicitation in NJSTART.

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

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

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

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

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

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

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

SUBMISSION OF QUOTES

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

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.

QUOTES WILL BE PUBLICLY OPENED AND ANNOUNCED BY TELEPHONE CONFERENCE ON THE DATE AND TIME OF THE QUOTE OPENING.

(DIAL-IN PHONE NUMBER: 888-204-5984 / ACCESS CODE: 2602305).

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

QUOTES NOT RECEIVED PRIOR TO THE QUOTE OPENING DEADLINE SHALL BE REJECTED.

VENDOR {BIDDER} SUPPORT

Vendors {Bidders} are strongly encouraged to visit the NJSTART Vendor Support Page, which contains Quick Reference Guides (QRGs), supporting videos, a glossary of NJSTART terms, and helpdesk contact information.

The Vendor {Bidder} should utilize the QRGs before attempting to submit its Quote using the NJSTART process. It is the Vendor’s {Bidder’s} responsibility to ensure that the NJSTART Quote and attachments have been properly submitted.

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

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

MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

Not applicable to this procurement.

PRE-QUOTE DOCUMENT REVIEW

Not applicable to this procurement.

ADDITIONAL Information

BID AMENDMENTS: Revisions to this BID SOLICITATION

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

There are no designated dates for release of Bid Amendments. Those Vendors {Bidders} who are on the bid holder list either through commodity code registration in NJSTART or by acknowledging the bid in NJSTART should receive notification of any Bid Amendment(s). If a Vendor {Bidder} is not on the bid holder list to receive notifications related to a Bid Solicitation, Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

BID AMENDMENTS WILL BE ISSUED AS FILE ATTACHMENTS, AND ARE VIEWABLE ON THE “SUMMARY” PAGE OF THE BID SOLICITATION IN NJSTART. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instructions. QRGs are located on the NJSTART Vendor Support Page.

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all Bid Amendments related to this procurement. An interested Vendor {Bidder} should check the NJSTART “Open Bids” Tab on a daily basis to ensure review of the most updated information.

VENDOR {BIDDER} Responsibility

The Vendor {Bidder} assumes sole responsibility for the complete effort required in submitting a Quote in response to this Bid Solicitation. No special consideration will be given after Quotes are opened because of a Vendor’s {Bidder’s} failure to be knowledgeable as to all of the requirements of this Bid Solicitation.

COST Liability

The State assumes no responsibility and bears no liability for costs incurred by a Vendor {Bidder} in the preparation and submittal of a Quote in response to this Bid Solicitation.

CONTENTS of QUOTE

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

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

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

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

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

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

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

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

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

ANNOUNCEMENT OF QUOTE INFORMATION

On the date and time Quotes are due under the Bid Solicitation, all information concerning the Quotes submitted may be publicly announced and shall be available for inspection and copying except as noted below:

A. Information appropriately designated as proprietary and/or confidential shall not be available for inspection and copying; and B. Where negotiation is contemplated, only the names and addresses of the Vendors {Bidders} submitting Quotes will be announced, and the contents of the Quotes shall not be available for inspection and copying until the Notice of Intent to Award is issued by the Director.

PRICE Alteration In QUOTES

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

QUOTE ERRORS

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

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

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

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

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

The Quote withdrawal request must include the Bid Solicitation Number, Bid Solicitation Title, the Quote submission date and should be sent to Procurement.Bureau@treas.nj.gov.

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

JOINT Venture

If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance Page. Each party to the Joint Venture must individually comply with all the forms and certification requirements in Sections 4.4.1 and 4.4.2 of this Bid Solicitation.

Reciprocity for Jurisdictional Vendor Preference

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

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

QUOTE ACCEPTANCES AND REJECTIONS

N.J.A.C. 17:12-2.7(d), the Director’s right to waive minor irregularities or omissions in a Quote and N.J.A.C. 17:12-2.2 which defines causes for Quote rejection, apply to all Quotes.

ELECTRONIC SIGNATURES

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

DEFINITIONS

CROSSWALK

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

General Definitions

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

All-Inclusive Hourly Rate – An hourly rate comprised of all direct and indirect costs including, but not limited to: labor costs, overhead, fee or profit, clerical support, travel expenses, per diem, safety equipment, materials, supplies, managerial support and all documents, forms, and reproductions thereof. This rate also includes portal-to-portal expenses as well as per diem expenses such as food.

Best and Final Offer or BAFO – Pricing timely submitted by a Vendor {Bidder} upon invitation by the Bureau after Quote opening, with or without prior discussion or negotiation.

Bid or Bid Solicitation – This series of documents, which establish the bidding and Blanket P.O. requirements and solicits Quotes to meet the needs of the Using Agencies as identified herein, and includes the Bid Solicitation, State of NJ Standard Terms and Conditions (SSTC), State-Supplied Price Sheet, attachments, and Bid Amendments.

Bid Amendment – Written clarification or revision to this Bid Solicitation issued by the Division. Bid Amendments, if any, will be issued prior to Quote opening.

Business Day – Any weekday, excluding Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Calendar Day – Any day, including Saturdays, Sundays, State legal holidays, and State-mandated closings unless otherwise indicated.

Change Order – An amendment, alteration, or modification of the terms of a Blanket P.O. between the State and the Vendor(s) {Contractor(s)}. A Change Order is not effective until it is signed and approved in writing by the Director or Deputy Director, Division of Purchase and Property.

Cooperative Purchasing Program – The Division’s intrastate program that provides procurement-related assistance to New Jersey local governmental entities and boards of education, State and county colleges and other public entities having statutory authority to utilize select State Blanket P.O.s issued by the Division, pursuant to the provisions of N.J.S.A. 52:25-16.1 et seq.

Days After Receipt of Order (ARO) – The number of calendar days ‘After Receipt of Order’ in which the Using Agency will receive the ordered materials and/or services.

Director – Director, Division of Purchase and Property, Department of the Treasury, who by statutory authority is the Chief Contracting Officer for the State of New Jersey.

Disabled veterans’ business - means a business which has its principal place of business in the State, is independently owned and operated and at least 51% of which is owned and controlled by persons who are disabled veterans or a business which has its principal place of business in this State and has been officially verified by the United States Department of Veterans Affairs as a service disabled veteran-owned business for the purposes of department contracts pursuant to federal law. N.J.S.A. 52:32-31.2.

Disabled veterans’ business set-aside contract - means a contract for goods, equipment, construction or services which is designated as a contract with respect to which bids are invited and accepted only from disabled veterans’ businesses, or a portion of a contract when that portion has been so designated. N.J.S.A. 52:32-31.2.

Discount – The price reduction applied by the Vendor {Bidder} to all items.

Division – The Division of Purchase and Property.

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

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

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

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

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

Must – Denotes that which is a mandatory requirement.

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

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

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

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

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

QRGs – Quick Reference Guides.

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

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

Revision – A response to a BAFO request or a requested clarification of the Vendors {Bidders} Quote.

Shall – Denotes that which is a mandatory requirement.

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

Small Business – Pursuant to N.J.S.A. 52:32-19, N.J.A.C. 17:13-1.2, and, N.J.A.C. 17:13-2.1, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one (1) of the three (3) following categories:

· For goods and services - (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and (C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III).

· For construction services: (A) 0 to $3,000,000 (Category IV); (B) gross revenues that do not exceed 50 percent of the applicable annual revenue standards established at 13 CFR 121.201 (Category V); and (C) gross revenues that do not exceed the applicable annual revenue standards established at CFR 121.201, (Category VI).

Small business set-aside contract – “means (1) a contract for goods, equipment, construction or services which is designated as a contract with respect to which bids are invited and accepted only from small businesses, or (2) a portion of a contract when that portion has been so designated.” N.J.S.A. 52:32-19.

State – State of New Jersey.

State Contract Manager or SCM – The individual, as set forth in Section 8.0, responsible for the approval of all deliverables, i.e., tasks, sub-tasks or other work elements in the Scope of Work. The SCM cannot direct or approve a Change Order.

State-Supplied Price Sheet – The bidding document created by the State and attached to this Bid Solicitation on which the Vendor {Bidder} submits its Quote pricing as is referenced and described in Bid Solicitation Section 4.4.5.

Subtasks – Detailed activities that comprise the actual performance of a task.

Subcontractor – An entity having an arrangement with a Vendor {Contractor}, whereby the Vendor {Contractor} uses the products and/or services of that entity to fulfill some of its obligations under its State Blanket P.O., while retaining full responsibility for the performance of all [the Vendor’s {Contractor's}] obligations under the Blanket P.O., including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Vendor {Contractor}.

Task – A discrete unit of work to be performed.

Unit Cost or Unit Price – All-inclusive, firm fixed price charged by the Vendor {Bidder} for a single unit identified on a price line.

Using Agency[ies] – A State department or agency, a quasi-State governmental entity, or a Cooperative Purchasing Program participant, authorized to purchase products and/or services under a Blanket P.O. procured by the Division.

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

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

BLANKET P.O. specific definitions/ACRONYMS

Dealer/Distributor – A Company authorized by a Vendor {Bidder/Contractor} as having the contractual ability to accept and fulfill orders and receive payments directly on behalf of the Vendor {Contractor} that is awarded a Blanket P.O. Any authorized Dealer/Distributor must agree to all terms and conditions contained within the Bid Solicitation and must agree to provide all products and services in accordance with the Blanket P.O. specifications, terms, conditions and pricing. A Dealer/Distributor must provide all forms required of a Vendor {Contractor}. Please see Bid Solicitation Section 3.11 for further information. The approved list of authorized Dealers/Distributors will appear in the Vendors tab, Distributors subtab of the Blanket P.O. in NJSTART.

Door Closures – A mechanical device that closes a door in a controlled manner, preventing it from slamming after someone opens it, or after it was automatically opened.

Locking Hardware (product, unit) – For the purposes of this Bid Solicitation, locking hardware includes, but is not limited to, the following: locks, padlocks, deadbolts, dead latches, hinges, door closures, gate locks, door pulls/knobs/handles, door closers, strikes, cover plates, wall stoppers, key rings, exit devices, exit alarms, panic devices and internal locking parts and accessories, and all related options, parts and accessories associated with the above items.

Panic Lock/Panic Device – A type of door opening mechanism which allows users to open the door by using a bar.

Percentage Discount or Markup - The Percentage bid applied as a Markup or a Discount to a firm, fixed price contained within a price list/catalog.

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

Price List/Catalog – A document published by manufacturers, resellers, Dealers, or Distributors that typically contains product descriptions, a list of products with fixed prices to which a Vendors {Bidders} percentage discount or markup bid is applied.

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 – REQUIREMENTS OF THE VENDOR {CONTRACTOR}

General

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

technical specifications – CATEGORY 1, price line 1

The category includes all items related to locking hardware, including but not limited to, locks, deadbolts, dead latches, hinges, door closures, gate locks, door pulls, door closers, strikes, cover plates, wall stoppers, key rings, exit devices, exit alarms, panic devices and internal locking parts and accessories.

The Vendor {Contractor} may offer a price list/catalog that has an exhaustive list of products offering various locking hardware, parts and accessories, that are suitable for use in various applications, for the category identified below. A Vendor {Contractor} may offer options (parts and accessories) specifically related to the category offered. Any parts, components, equipment, controls or materials which are standard and/or necessary to form an efficient and complete working unit can be offered in the price list/catalog for the category bid. The State reserves the right to approve or reject any proposed options. Any options approved by the State, will be made part of the price list/catalog uploaded to the Attachments tab of the Blanket P.O. in NJSTART.

Vendors {Contractors} are advised that Using Agencies will utilize catalog pricing and/or price lists in accordance with a Method of Operation to be promulgated to Using Agencies following Blanket P.O. award. This Method of Operation will provide Using Agencies with an opportunity to evaluate the total cost of products sought and select the most cost effective Vendor {Contractor}. Please refer to Bid Solicitation Section 3.9.

The Blanket P.O.s resulting from this Bid Solicitation is for the category of products listed below.

Locksmith services and installation shall not be offered and will not be made part of any Blanket P.O. awarded as a result of this Bid Solicitation.

The category includes products identified by the State Using Agencies as critical to their day-to-day operations.

The category includes, but is not limited to, the following products:

Locks, padlocks, deadbolts, dead latches, hinges, door closures, gate locks, door pulls/knobs/handles, door closers, strikes, cover plates, wall stoppers, key rings, replacement keys and master/override keys, key systems, key machines, exit devices, exit alarms, panic devices, access control systems and internal locking parts and accessories, and all related options, parts and accessories associated with the above items.

The products are currently identified by known brand names, which are listed below; however, Vendors {Bidders} may offer any brand that meets the requirements of the category.

Known manufacturers/brands that meet the State’s needs for locking hardware are:

ABUS
HES
PDQ
Adams Rite
ILCO
PHI/Precision
American Lock
Instakey
Rixson/Assa Abloy
Arrow/Assa Abloy
IVES, Glynn-Johnson/Allegion
Rockwood/Assa Abloy
Assa Abloy
Kaba/Dormakaba
SALTO Systems
BEST
Keedex Inc.
S. Parker Hardware Mfg. Corp.
CompX
Key Systems
Sargent
Corbin Russwin
Kwikset
Schlage/Schlage Electronics
Craftmaster
LCN/Allegion
Securitron/Assa Abloy
Detex
Marks USA
Southern Folger
Don-Jo Mfg. Inc.
Master Lock
Stanley
Falcon/Allegion
Medeco/Assa Abloy
Stewart- Decatur
Folger Adam/Assa Abloy
Morse Watchmans
Von Duprin/Allegion
Hager
Norton Door Controls/Assa Abloy
Yale

Please be advised that all services pertaining to locking hardware, including but not limited to, installation, training, consulting and maintenance services, are not part of this Bid Solicitation.

aGENCY USE LINE – PRICE LINE 2

An Agency-Use Price Line (Price Line 2) will be added to all Vendors {Contractors} Blanket P.O.s to allow for the Using Agency payment of expedited delivery charges, restocking fees or return shipping charges.

delivery requirements

Vendor {Contractor} deliveries for all items shall be made within the delivery timeframes noted on the State-Supplied Price Sheet and in strict accordance with the instructions from the Using Agency. Prices for items in Quotes shall be submitted Freight On Board (F.O.B.) Destination.

When there is a discrepancy between the delivery days listed in the General Tab in NJSTART and the State-Supplied Price Sheet, the State-Supplied Price Sheet delivery days shall govern.

Deliveries may be made Monday through Friday (excluding State holidays) from 8:30 AM until 1:30 PM and must arrive in time for the delivery to be completed by no later than 1:30 PM.

Deliveries shall not be made on the following State observed holidays, which may be updated from time to time:

· New Year’s Day;

· Martin Luther King Jr. Day;

· Presidents Day;

· Good Friday;

· Memorial Day;

· Juneteenth;

· Independence Day;

· Labor Day;

· Columbus Day;

· Election Day;

· Veterans Day;

· Thanksgiving Day; and

· Christmas Day.

emergency deliveries

In addition to routine delivery requirements, Using Agencies may have emergencies requiring expedited delivery. The Using Agency will be responsible for any costs associated with expedited delivery. For emergency orders, the Vendor {Contractor} shall provide delivery within forty-eight (48) hours.

An Agency-Use Price Line (Price Line 2) will be added to all Vendors {Contractors} Blanket P.O.s to allow for the Using Agency payment of these expedited delivery charges.

Note: Payment will only be made for expedited delivery charges.

restocking fees/return shipping charges

The Vendor {Contractor} may charge a restocking fee for products ordered in error by the Using Agency and returned by the Using Agency. Return shipping fees will be at the Using Agency expense for products ordered in error.

An Agency-Use Price Line (Price Line 2) will be added to all Vendors {Contractors} Blanket P.O.s to allow for the Using Agency payment of these restocking fees and return…

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