T3054 Bid Solicitation 011419.docx

Bid Solicitation

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

Mandatory/Optional Pre-Quote Submission 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.)

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 the Division of Purchase and Property website and on www.njstart.gov.

Small Business Set-Aside Status ☐ Not Applicable

☐ Entire Blanket P.O.

☐ Partial Blanket P.O.

☒ Subcontracting Only Category

☒ I ☐ IV

☒ II ☐ V

☒ III ☐ VI

Bid Solicitation Issued By Using Agency

Trenton, New Jersey 086250230

Date: 01/10/2019

Table of Contents

Bid Solicitation Attachments:

· Attachment #1 – Statement of Assurances;

· Attachment #2 – Conflict of Interest (COI) Disclosure form;

· State-supplied Price Sheet

· Offer and Acceptance Page

· Vendor Checklist

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

NJSTART terminology is used throughout this document. See Bid Solicitation Section 2.1 for a crosswalk of NJSTART terminology to legacy terminology.

Please be advised that in accordance with P.L. 2018, c. 9, also known as the Diane B, Allen Equal Pay Act, which was signed in to law by Governor Phil Murphy on April 24, 2018, a contractor performing “qualifying services” or “public work” to the State or any agency or instrumentality of the State shall provide the Commissioner of Labor and Workforce Development a report regarding the compensation and hours worked by employees categorized by gender, race, ethnicity, and job category. For more information and report templates see https://nj.gov/labor/equalpay/equalpay.html.

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 New Jersey Department of Transportation (NJDOT), Bureau of Freight Planning and Services, Office of Fixed Guideway State Safety Oversight (SSO). The purpose of this Bid Solicitation is to solicit Quotes for a Vendor {Contractor} to perform safety review audits, inspections, security oversight, program development, and management as a part of its oversight responsibilities for the following four (4) rail systems:

A. NJ Transit – Hudson-Bergen Light Rail Address: 20 Caven Point, Jersey City, NJ 07305;

B. NJ Transit – Newark Light Rail Address: 261 Grove Street, Bloomfield, NJ 07003;

C. NJ Transit – River LINE Address: 700 Beidman Avenue, Camden, NJ 08105; and

D. Delaware River Port Authority (DPRA) – Port Authority Transit Corporation (PATCO) High Speed Line Address: 1000 North Carlton Street, Lindenwold, NJ 08021.

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

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

The State of New Jersey (State) may extend the Blanket P.O.(s) awarded to the Division's Cooperative Purchasing Program participants after Blanket P.O(s) award. In that circumstance, the State will request that the Vendor(s) {Contractor(s)} complete the Cooperative Purchasing Form indicating willingness or unwillingness to extend State Blanket P.O. pricing and terms to Cooperative Purchasing Program participants. The Cooperative Purchasing Form is located on the Division’s website. 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. Although the State, with the consent of the Vendor(s) {Contractor(s)}, may make 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 the services provided under the T2088 – Safety and Security Review Services: DOT term Blanket P.O., which expired on December 2, 2014.

The Federal Transit Administration (FTA) issued regulation 49 CFR Part 674 Rail Fixed Guideway Systems: State Safety Oversight, placing responsibility for oversight on each state that has, or is planning to have, rail fixed guideway systems. In response to the FTA regulation, NJDOT was designated to perform rail transit oversight through Executive Order 65 (1997) and N.J.A.C. 16:53E in order to meet the FTA’s requirement.

In 2012, as part of Moving Ahead for Progress in the 21st Century (MAP-21), the FTA safety programs were changed with significantly higher expectations and responsibilities for safety oversight and safety performance for the FTA, states, and the transit agencies (for all modes, not just rail), authorized as 49 U.S.C. Section 5329, along with the new regulation 49 CFR Part 674. The new FTA safety programs are in the process of being developed to follow a transit-specific Safety Management System (SMS), which is the basis of these changes to the transit safety programs.

NJDOT must follow regulations under 49 U.S.C. Section 5329 Public Transportation Safety Program, which includes establishing a fixed guideway transportation safety and security program and oversee the safety of fixed guideway transit systems.

At a minimum, NJDOT is responsible to perform the following activities:

A. Monitor and ensure the correction of all known safety hazards associated with the design, construction, operation, and maintenance;

B. Attend monthly safety review meetings;

C. Conduct on-site compliance audits and issue reports containing findings and recommendations;

D. Provide responses to FTA safety advisories;

E. Work with the four (4) rail systems to develop an System Safety Program Plan (SSPP) that complies with NJDOT program standard and federal regulation;

F. Work with the four (4) rail systems to develop and follow minimum safety standards based on an all hazards approach for operations, command and control, and maintenance of the rail systems;

G. Work with the four (4) rail systems to develop, document, and administer a process for performing internal safety program compliance reviews/audits and for submitting checklists and procedures to the NJDOT for review and potential participation in the actual compliance audits;

H. Work with the four (4) rail systems to notify the NJDOT and FTA within a required timeframe of any reportable event or significant hazard, as defined in the NJDOT program standard;

I. Work with the four (4) rail systems that share track with the general railroad system and are subject to Federal Railway Association (FRA) notification requirements to notify the NJDOT and FTA within the required timeline.

J. Investigate any reportable event or significant hazard as defined in the NJDOT program standard;

K. Work with the four (4) rail systems to develop Corrective Action Plans (CAPs) when necessary;

L. Track the progress and evidence of resolving CAPs and monitor identified safety risks; and

M. Participate in capital projects related to rail transit and safety program aspects.

This Blanket P.O. is funded by the FTA through a grant to the NJDOT.

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 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.)

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 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 State 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).

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.

MANDATORY/OPTIONAL SITE VISIT

No applicable to this procurement.

MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

Not applicable to this procurement.

PRE-QUOTE DOCUMENT REVIEW

The following are publicly available documents that a Vendor {Bidder} needs to review in order to prepare and submit an accurate and comprehensive Quote:

A. NJDOT Rail Transit State Safety Oversight Program Standards http://www.state.nj.us/transportation/freight/guideway/program.shtm;

B. FTA’s Safety and Security Home Page: https://www.transit.dot.gov/regulations-and-guidance/safety/transit-safety-oversight-tso

C. 49 CFR Part 674 State Safety Oversight; Final Rule; https://www.transit.dot.gov/regulations-and-guidance/safety/state-safety-oversight-sso-program-final-rule-fact-sheet

D. 49 CFR Part 673 Public Transportation Agency Safety Plan (PTASP); Final Rule; https://www.transit.dot.gov/PTASP

E. FTA Circular 4220.1F Third Party Contracting Guidance;

https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/third-party-contracting-guidance

F. 29 CFR PART 1910 OSHA General Industry Standards;

https://www.labor.nc.gov/safety-and-health/occupational-safety-and-health/which-osha-standards-apply/29-cfr-part-1910-general-industry-standards

G. 29 CFR PART 1926 OSHA Construction Standards;

https://www.labor.nc.gov/safety-and-health/occupational-safety-and-health/which-osha-standards-apply/29-cfr-part-1926-construction-standards

H. 49 CFR 213 Track Safety Standards;

https://www.gpo.gov/fdsys/granule/CFR-2011-title49-vol4/CFR-2011-title49-vol4-part213

I. 49 CFR 214 Railroad Workplace Safety;

https://www.gpo.gov/fdsys/granule/CFR-2011-title49-vol4/CFR-2011-title49-vol4-part214

J. 49 CFR Part 659 - Rail Fixed Guideway Systems; State Safety Oversight; Final Rule;

https://www.gpo.gov/fdsys/granule/CFR-2012-title49-vol7/CFR-2012-title49-vol7-part659/content-detail.html

K. Public Transportation Safety Certification Training Program;

https://www.federalregister.gov/documents/2018/07/19/2018-15168/public-transportation-safety-certification-training-program

L. Construction Project Management Handbook, FTA, September 2009;

https://www.transit.dot.gov/about/fta-construction-project-management-handbook-september-2009

M. Job Hazard Analysis, OSHA 3071;

https://www.osha.gov/Publications/osha3071.html

N. Making Transportation Tunnels Safe and Secure, TCRP Report 86, Volume 12, NCHRP report 525, Volume 12, TRB, 2006;

https://www.nap.edu/read/13965/chapter/1

O. MIL-STD. 882(e), Department of Defense, Standard Practice for System Safety;

http://acqnotes.com/acqnote/tasks/mil-std-882e-system-safety

P. Recommended Best Practices for States Conducting Three-Year Safety Reviews, Revision 1, March 2009, FTA;

https://trid.trb.org/view.aspx?id=887787

Q. State Safety Oversight Program Certification Toolkit 49 CFR Part 674;

https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/49%20CFR%20Part%20674%20Certification%20Toolkit.pdf

R. The Public Transportation System Security and Emergency Preparedness Planning Guide, FTA, 2003;

https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/PlanningGuide.pdf

S. Track Design Handbook for Light Rail Transit, TCRP Report 57, TRB, NRC, 2000;

https://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=2614

T. NJDOT Rail Transit State Safety Oversight Program Standards http://www.state.nj.us/transportation/freight/guideway/program.shtm;

U. FTA’s Safety and Security Home Page: https://www.transit.dot.gov/regulations-and-guidance/safety/transit-safety-oversight-tso;

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-1.1 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 and confidential information may be exempt from public disclosure by OPRA and/or the common law. 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. The location in the Quote of any such designation should be clearly stated in a cover letter.

The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the Vendor {Bidder} accordingly. Any proprietary and/or confidential information in a Quote will be redacted by the State. The State will not honor any attempt by a Vendor {Bidder} to designate its entire Quote and/or prices as proprietary, confidential and/or to claim copyright protection for its entire Quote. 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.

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 shall preclude a Blanket P.O. award from being made to the Vendor {Bidder}.

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

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.

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 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.

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 {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.

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.

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

DEFINITIONS

CROSSWALK

GENERAL DEFINITIONS

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

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

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

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

Bid Amendment – Written clarification or revision to this Bid Solicitation issued by the Bureau. 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.

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 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.A.C. 17:13-1.2, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one (1) of the three (3) following categories: For goods and services - (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and (C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III); For construction services: (A) 0 to $3,000,000 (Category IV); (B) gross revenues that do not exceed 50 percent of the applicable annual revenue standards established at 13 CFR 121.201 (Category V); and (C) gross revenues that do not exceed the applicable annual revenue standards established at CFR 121.201, (Category VI).

State – The 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 it proposal 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 – 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. This Blanket P.O. may be used by the Using Agencies or quasi-governmental agencies specifically identified in the Bid Solicitation. In addition, with the approval of the Director of the Division of Purchase and Property and the agreement of the Vendor {Contractor}, the Blanket P.O. may be used by any Using Agency or quasi-State governmental entity.

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

Class 1 Track – The Federal Railroad Administration (FRA) developed a system classification for track quality. The class of a section of track determines the maximum allowable operating speed, not to exceed running speed limit of 10 mph for freight trains and 15 mph for passenger trains.

Conflict of Interest (COI) – A situation in which the Vendor {Bidder} awarded a Blanket P.O. as a result of this Bid Solicitation staffs the job titles listed in Section 3.5 of the Bid Solicitation with individuals who work for the aforementioned four (4) rail systems, their Vendors, or Subcontractors.

Delaware River Port Authority (DRPA) – The Delaware River Bridge Commission formed in 1926 in conjunction with construction of the Delaware River Bridge (now called the Benjamin Franklin Bridge) connecting Camden, NJ, and Philadelphia, PA. In 1931, the Bridge Commission was reorganized as the Delaware River Joint Commission (DRJC) and given authority to construct a high speed rail line connecting Camden and Philadelphia. In 1951, New Jersey and Pennsylvania issued a bi-state contract to create DRPA and extended to it the right to construct what is now known as the PATCO Speedline.

Emergency Drill Exercise – Each of the four (4) rail systems conducts an annual drill that includes the participation of first responders. The drills are performed on the weekend (Saturday and Sunday).

Federal Emergency Management Agency (FEMA) – Administers Public Assistance grant funding for eligible expenditures pursuant to 41 U.S.C. §5121, et seq., 44 C.F.R., Parts 13 and 206 and other published guidance.

Federal Railroad Administration (FRA) – An agency within the United States Department of Transportation that oversees intermodal transportation. It promotes safe, environmentally sound, successful railroad transportation to meet the needs of all customers. Both the River Line and Newark Light Rail have FRA waivers as part of their operations.

Federal Transit Administration (FTA) – An agency within the U.S. Department of Transportation. Within the FTA, the Office of Transit Safety Oversight is responsible for administering a national safety program and a program compliance oversight process. This office provides the federal government oversight of the State Safety Oversight (SSO) agencies, which for the State is NJDOT, and creates the regulations that the office must follow.

Fire and Life Safety Committee – A committee within each of the four (4) rail systems that conducts a meeting with first responders. The schedule of meetings are located in its System Safety Program Plan (SSPP).

Fixed Guideway System (FGS) – Any light, heavy, or rapid rail system, monorail, inclined plane, funicular, trolley, or automated guideway (public or private) that is: 1) Included in Federal Transit Administration (FTA’s) calculation of fixed guideway route miles or receives funding under FTA’s formula program for urbanized areas (49 U.S.C. 5336); 2) Not totally regulated by the Federal Railroad Administration; or 3) Otherwise under the oversight of the New Jersey Department of Transportation (NJDOT) such as the NJ Museum of Transportation’s Pine Creek Rail Road.

Hours of Service – A policy developed by each of the four (4) rail systems governing rest periods of operations and maintenance employees. It establishes a process to ensure knowledge and compliance with the given policy.

Hudson-Bergen Light Rail System (HBLR) – The existing system is approximately 20.6 miles long consisting of at-grade, above-grade, below-grade, underground and in-street running operations. The Hudson–Bergen Light Rail system has 52 electrically powered vehicles and 21 stations.

National Incident Management System / Incident Command System (NIMS/ICS) – The National Incident Management System standardizes incident management processes, protocols and procedures used by all responders. It mandates the use of the Incident Command System. The ICS is a standardized, on scene, all hazard incident management concept. It allows users to adopt an integrate management concept complexities and demands of single or multiple incidents without being hindered by jurisdictional boundaries.

National Transportation Safety Board (NTSB) – An independent U.S. government investigative agency responsible for civil transportation accident investigation.

Newark Light Rail (NLR) – A rail system which runs a total 6.5 miles, 1.7 miles are in an underground tunnel; 3.8 miles are either at-grade or depressed cut, and approximately one mile is street running. There are two segments, the first runs from Bloomfield Township to Penn Station Newark. The second segment runs from Penn Station Newark to Broad Street. The line utilizes 21 light rail vehicles (LRVs) and has 17 stations.

Peak hours – the busiest time for transit is beginning the morning rush through the evening commute. For the purposes of NJDOT, Peak hours are weekdays from 7am to 7pm.

Off-Peak hours – For the purposes of NJDOT, Off-Peak hours are weekdays from 7pm to 7am, all day Saturday, all day Sunday, Federal and/or State holidays.

Occupational Safety and Health Administration (OSHA) – A federal organization (part of the United States Department of Labor) that ensures safe and healthy working conditions for Americans by enforcing standards and providing workplace safety training.

Operational Rule Book – Rules and instructions for operating and maintaining a rail system. Each of the four (4) rail systems lists requirements for general rules, signals, operations, control, communications and track.

Personal Protective Equipment (PPE) – Vendor {Contractor} must supply adequate equipment when necessary to prevent injury to the body. Each of the four (4) rail systems establishes rules governing what PPE must be worn for specific work.

Port Authority Transit Corporation (PATCO) – A speed line owned and operated by Delaware River Port Authority (DRPA). The system is 14.2 miles and operates between Lindenwold, NJ, and Philadelphia, PA. The system has 13 stations and operates 24-hours a day, seven-days-a-week.

The track runs underground in Philadelphia, crosses the Delaware River on the Benjamin Franklin Bridge, runs underground in Camden, and then runs above ground in New Jersey until the eastern terminus of the line. The line is electrified using 750 volt direct current (DC) through a third rail.

Public Transportation Agency Safety Plan (PTASP) – FTA 49 CFR Part 673 requires certain operators of public transportation systems that receive federal funds under FTA's Urbanized Area Formula Grants to develop safety plans that include the processes and procedures to implement Safety Management Systems (SMS).

Right-of-Way (ROW) – The lands or rights used or held for light rail operation. Additionally, it is the area between and directly adjacent to the tracks.

Rail Grade Crossing – An intersection where a highway crosses a railroad at grade.

River LINE – A rail system that runs a total 34 miles between the cities of Camden and Trenton. The line utilizes 20 light rail vehicles (LRVs) and has 21 stations, 72 grade crossings and 23 rail bridges.

Safety Management System (SMS) – a comprehensive, collaborative approach that brings management and labor together to build on the transit industry’s existing safety foundation to control risk better, detect and correct safety problems earlier, share and analyze safety data more effectively, and measure safety performance more carefully. SMS is about applying resources to risk and is based on ensuring that a transit agency has the organizational infrastructure to support decision-making at all levels regarding the assignment of resources.

State Safety Oversight (SSO) – An office within the NJDOT designated to apply 49 CFR Part 659 and Part 674.

State Safety Oversight (SSO) Program – A program designed to meet federal objectives for SSO.

SSO Program Manager – An Individual designated by the State to represent the fixed guideway program to the FTA.

System Safety Program Plan (SSPP) – A document developed by the rail transit agency, describing its safety policies, objectives, responsibilities, and procedures. The State program standard requires each of the four (4) rail systems to develop a plan that describes how they will meet State requirements.

Three-Year Safety and Security Review – A safety audit and review of a transit agency’s SSPP and System Emergency Preparedness Plan (SEPP) and their implementation that occurs, at a minimum, once every three (3) years as called for by FTA statute 49 CFR Part 659.29. When the State becomes certified by the FTA, the audits will change and must comply with the FTA regulations outlined in 49 CFR Part 674.31.

Transportation Safety Program (TSP) –It is comprised of the following courses from the Transportation Safety Institute (TSI):

· Effectively Managing Transit Emergencies;

· Transit Rail System Safety;

· Transit…