T3089 Revised Bid Solicitation 071719~3.docx
DOCX document 345 KB Posted
- Solicitation number
- 19DPP00414
- Issued by
- Atlantic County, New Jersey
About this file
This document is a Bid Solicitation issued by the New Jersey Department of the Treasury, Division of Purchase and Property, on behalf of the New Jersey Department of Health, Office of the State Medical Examiner. The purpose is to solicit quotes to engage a vendor to perform post-mortem forensic toxicology services and law enforcement steroid testing. The State intends to award one blanket purchase order for each of the two testing categories: Post Mortem Toxicology Services and Law Enforcement Drug Testing (Steroid Testing). Vendors are not required to bid on both categories. The post-mortem toxicology services will be for seven New Jersey counties, while the steroid testing is for law enforcement officers statewide. Quotes are due October 2, 2019 by 2:00 PM Eastern Time. There are no mandatory site visits or pre-quote conferences. The initial blanket purchase order term is unspecified, but the State has the option to extend.
This is a re-bid of a previous solicitation. The State has established specific laboratory certification and accreditation requirements for both testing categories. The vendor must be accredited by the American Board of Forensic Toxicology as well as hold ISO 17025 accreditation for post-mortem testing, and be accredited by either the World Anti-Doping Agency or the College of American Pathologists for the steroid testing. Pricing will be evaluated, and the State reserves the right to negotiate and request best and final offers. There are no small business or disabled veteran-owned business set-asides for this procurement.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| T3089 Bid Amendment 2 082919~1.docx | DOCX document | |
| T3089 Vendor-Bidder Data Sheet 061319.docx | DOCX document | |
| T 3089 Bid Solicitation Checklist 061319.docx | DOCX document | |
| T3089 Price Schedule 061319.xlsx | XLSX spreadsheet | |
| T3089 Offer and Acceptance Page 061319.pdf | ||
| T3089 Bid Solicitation 061319.docx | DOCX document | |
| T3089 Revised Bid Solicitation Checklist 070519~3.docx | DOCX document | |
| T3089 Revised Price Schedule 071719~8.xlsx | XLSX spreadsheet | |
| T3089 Bid Amendment 1 071519.docx | DOCX document |
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Text version
| Bid Solicitation # | 19DPP00414 |
| For: | |
| T3089 – Laboratory Services: Forensic Toxicology & Law Enforcement Steroid Testing - OSME |
| Event |
| Date |
| Time |
Vendor’s {Bidder’s} Electronic Question Due Date (Refer to Bid Solicitation Section 1.3.1 for more information.)
| June 27, 2019 |
| 2:00 PM |
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.)
| August 2, 2019October 2, 2019 |
| 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:
State of New Jersey Office of the State Medical Examiner Cooperative Purchasing Participants
Date Revised: June 13, 2019July 17, 2019
Table of Contents
| 1.0 | INFORMATION FOR VENDORS {BIDDERS} | 6 |
| 1.1 | PURPOSE AND INTENT | 6 |
| 1.1.1 | testing categories | 6 |
| 1.2 | BACKGROUND | 7 |
| 1.2.1 | general information | 7 |
| 1.3 | KEY EVENTS | 8 |
| 1.3.1 | ELECTRONIC QUESTION AND ANSWER PERIOD | 8 |
| 1.3.2 | SUBMISSION OF QUOTES | 8 |
| 1.3.3 | VENDOR {BIDDER} SUPPORT | 9 |
| 1.3.4 | MANDATORY/OPTIONAL SITE VISIT | 9 |
| 1.3.5 | MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE | 9 |
| 1.3.6 | PRE-QUOTE DOCUMENT REVIEW | 9 |
| 1.4 | ADDITIONAL INFORMATION | 9 |
| 1.4.1 | BID AMENDMENTS: Revisions to this BID SOLICITATION | 9 |
| 1.4.2 | VENDOR {BIDDER} Responsibility | 10 |
| 1.4.3 | COST LIABILITY | 10 |
| 1.4.4 | CONTENTS OF QUOTE | 10 |
| 1.4.5 | ANNOUNCEMENT OF QUOTE INFORMATION | 11 |
| 1.4.6 | PRICE ALTERATION IN QUOTES | 11 |
| 1.4.7 | QUOTE ERRORS | 11 |
| 1.4.8 | JOINT VENTURE | 12 |
| 1.4.9 | RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE | 12 |
| 1.4.10 | QUOTE ACCEPTANCES AND REJECTIONS | 13 |
| 1.4.11 | ELECTRONIC SIGNATURES | 13 |
| 2.0 | DEFINITIONS | 14 |
| 2.1 | CROSSWALK | 14 |
| 2.2 | GENERAL DEFINITIONS | 14 |
| 2.3 | BLANKET P.O. SPECIFIC DEFINITIONS/ACRONYMS | 17 |
| 3.0 | SCOPE OF WORK | 18 |
| 3.1 | General overview | 18 |
| 3.2 | Post Mortem toxicology services – category i | 18 |
| 3.2.1 | laboratory certifications and accreditations | 18 |
| 3.2.2 | vendor {contractor} requirements | 18 |
| 3.2.3 | chain of custody requirements | 19 |
| 3.2.4 | post mortem toxicology i | 19 |
| 3.2.5 | post mortem toxicology II | 21 |
| 3.2.6 | additional forensic testing | 24 |
| 3.3 | law enforcement drug testing (LEDT) – Anabolic steroid testing – category ii | 25 |
| 3.3.1 | laboratory certification requirements | 25 |
| 3.3.2 | Vendor {contractor} requirements | 25 |
| 3.3.3 | chain of custody | 25 |
| 3.3.4 | ledt requirements | 26 |
| 3.4 | Additional Blanket p.O. requirements – category i and Category II | 26 |
| 3.4.1 | reporting requirements | 26 |
| 3.5 | record retention | 27 |
| 3.6 | litigation | 27 |
| 3.7 | CONFIDENTIALITY | 28 |
| 3.8 | restrictions | 28 |
| 4.0 | QUOTE PREPARATION AND SUBMISSION | 29 |
| 4.1 | GENERAL | 29 |
| 4.2 | QUOTE DELIVERY AND IDENTIFICATION | 29 |
| 4.3 | NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION | 29 |
| 4.3.1 | NJSTART SUBMISSION OF QUOTE | 29 |
| 4.3.2 | HARD COPY SUBMISSION | 30 |
| 4.4 | QUOTE CONTENT | 31 |
| 4.4.1 | FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH QUOTE | 32 |
| 4.4.2 | FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED BEFORE BLANKET P.O. AWARD AND THAT SHOULD BE SUBMITTED WITH THE QUOTE | 37 |
| 4.4.3 | VENDOR {BIDDER} DEMONSTRATION OF ITS ABILITY TO COMPLETE THE SCOPE OF WORK | 38 |
| 4.4.4 | FINANCIAL CAPABILITY OF THE VENDOR {BIDDER} | 39 |
| 4.4.5 | STATE-SUPPLIED PRICE SHEET | 39 |
| 4.4.6 | COOPERATIVE PURCHASING PROGRAM | 42 |
| 5.0 | SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O. | 43 |
| 5.1 | PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS | 43 |
| 5.2 | BLANKET P.O. TERM AND EXTENSION OPTION | 43 |
| 5.3 | BLANKET P.O. TRANSITION | 43 |
| 5.4 | CHANGE ORDER | 43 |
| 5.5 | VENDOR {CONTRACTOR} RESPONSIBILITIES | 44 |
| 5.6 | SUBSTITUTION OF STAFF | 44 |
| 5.7 | SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S) | 44 |
| 5.8 | OWNERSHIP OF MATERIAL | 45 |
| 5.9 | SECURITY AND CONFIDENTIALITY | 46 |
| 5.9.1 | DATA CONFIDENTIALITY | 46 |
| 5.9.2 | DATA SECURITY STANDARDS | 47 |
| 5.9.3 | TAX RETURN DATA SECURITY | 47 |
| 5.9.4 | SECURITY PLAN | 47 |
| 5.10 | NEWS RELEASES | 48 |
| 5.11 | ADVERTISING | 48 |
| 5.12 | LICENSES AND PERMITS | 48 |
| 5.13 | CLAIMS AND REMEDIES | 48 |
| 5.13.1 | CLAIMS | 48 |
| 5.13.2 | REMEDIES | 48 |
| 5.13.3 | REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL BLANKET P.O. REQUIREMENTS | 48 |
| 5.14 | LIQUIDATED DAMAGES | 48 |
| 5.15 | RETAINAGE | 48 |
| 5.16 | ADDITIONAL WORK AND/OR SPECIAL PROJECTS | 49 |
| 5.17 | MODIFICATIONS AND CHANGES TO THE State of NJ STANDARD TERMS AND CONDITIONS (SSTC) | 49 |
| 5.17.1 | INDEMNIFICATION | 49 |
| 5.17.2 | INSURANCE - PROFESSIONAL LIABILITY INSURANCE | 50 |
| 5.17.3 | PERFORMANCE GUARANTEE OF VENDOR {CONTRACTOR} | 50 |
| 5.18 | ACCESSIBILITY COMPLIANCE | 50 |
| 5.19 | BLANKET P.O. ACTIVITY REPORT | 50 |
| 5.20 | ELECTRONIC PAYMENTS | 51 |
| 5.21 | PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES | 51 |
| 5.22 | Price list and/or test catalog update | 51 |
| 6.0 | QUOTE EVALUATION | 53 |
| 6.1 | RIGHT TO WAIVE | 53 |
| 6.2 | DIRECTOR’S RIGHT OF FINAL Quote ACCEPTANCE | 53 |
| 6.3 | STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES | 53 |
| 6.4 | Clarification of Quote / STATE'S RIGHT TO REQUEST FURTHER INFORMATION | 53 |
| 6.5 | QUOTE EVALUATION COMMITTEE | 53 |
| 6.6 | ORAL PRESENTATION | 53 |
| 6.7 | EVALUATION CRITERIA | 54 |
| 6.7.1 | VENDOR’S {BIDDER’S} STATE-SUPPLIED PRICE SHEET | 54 |
| 6.7.2 | QUOTE DISCREPANCIES | 54 |
| 6.8 | NEGOTIATION AND BEST AND FINAL OFFER (BAFO) | 54 |
| 6.9 | “REQUEST FOR REVISION” WITHIN NJSTART | 55 |
| 6.10 | POOR PERFORMANCE | 55 |
| 7.0 | BLANKET P.O. AWARD | 56 |
| 7.1 | DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD | 56 |
| 7.1.1 | REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (FORMERLY EXECUTIVE ORDER NO. 134), EXECUTIVE ORDER NO. 117 (2008) AND N.J.A.C. 17:12-5 ET SEQ. | 56 |
| 7.1.2 | SOURCE DISCLOSURE REQUIREMENTS | 57 |
| 7.1.3 | AFFIRMATIVE ACTION | 57 |
| 7.1.4 | BUSINESS REGISTRATION | 57 |
| 7.2 | FINAL BLANKET P.O. AWARD | 58 |
| 7.3 | INSURANCE CERTIFICATES | 58 |
| 7.4 | PERFORMANCE SECURITY | 58 |
| 8.0 | BLANKET P.O. ADMINISTRATION | 59 |
| 8.1 | STATE CONTRACT MANAGER | 59 |
| 8.1.1 | STATE CONTRACT MANAGER RESPONSIBILITIES | 59 |
| 8.1.2 | COORDINATION WITH THE STATE CONTRACT MANAGER | 59 |
| 9.0 | STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS | 60 |
| 1. STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT | 60 | |
| 1.1 contract terms CROSSWALK | 60 | |
| 2. | STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS | 60 |
| 2.1 | BUSINESS REGISTRATION | 60 |
| 2.2 | ANTI-DISCRIMINATION | 61 |
| 2.3 | PREVAILING WAGE ACT | 61 |
| 2.5 | MACBRIDE PRINCIPLES | 61 |
| 2.6 | PAY TO PLAY PROHIBITIONS | 61 |
| 2.7 | POLITICAL CONTRIBUTION DISCLOSURE | 62 |
| 2.8 | STANDARDS PROHIBITING CONFLICTS OF INTEREST | 62 |
| 2.9 | NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE | 63 |
| 2.10 | COMPLIANCE - LAWS | 63 |
| 2.11 | COMPLIANCE - STATE LAWS | 63 |
| 2.12 | Warranty of no solicitation on commission or contingent fee basis | 63 |
| 3. | STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET FORTH IN LAW OR BASED ON THE TYPE OF CONTRACT | 63 |
| 3.1 | COMPLIANCE - CODES | 63 |
| 3.2 | PUBLIC WORKS CONTRACTOR REGISTRATION ACT | 64 |
| 3.3 | PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS | 64 |
| 3.4 | BUILDING SERVICE | 65 |
| 3.5 | THE WORKER AND COMMUNITY RIGHT TO KNOW ACT | 65 |
| 3.6 | SERVICE PERFORMANCE WITHIN U.S. | 65 |
| 3.7 | BUY AMERICAN | 66 |
| 4. | INDEMNIFICATION AND INSURANCE | 66 |
| 4.1 | INDEMNIFICATION | 66 |
| 4.2 | INSURANCE | 66 |
| 5. | TERMS GOVERNING ALL CONTRACTS | 67 |
| 5.1 | CONTRACTOR IS INDEPENDENT CONTRACTOR | 67 |
| 5.2 | CONTRACT AMOUNT | 67 |
| 5.3 | CONTRACT TERM AND EXTENSION OPTION | 67 |
| 5.4 | STATE’S OPTION TO REDUCE SCOPE OF WORK | 67 |
| 5.5 | CHANGE IN LAW | 68 |
| 5.6 | SUSPENSION OF WORK | 68 |
| 5.7 | TERMINATION OF CONTRACT | 69 |
| 5.8 | SUBCONTRACTING OR ASSIGNMENT | 69 |
| 5.9 | NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE | 69 |
| 5.10 | MERGERS, ACQUISITIONS | 69 |
| 5.11 | PERFORMANCE GUARANTEE OF CONTRACTOR | 70 |
| 5.12 | DELIVERY REQUIREMENTS | 70 |
| 5.13 | APPLICABLE LAW AND JURISDICTION | 70 |
| 5.14 | CONTRACT AMENDMENT | 71 |
| 5.15 | MAINTENANCE OF RECORDS | 71 |
| 5.16 | ASSIGNMENT OF ANTITRUST CLAIM(S) | 71 |
| 6 | 71 | |
| 6.1 | PRICE FLUCTUATION DURING CONTRACT | 71 |
| 6.2 | TAX CHARGES | 72 |
| 6.3 | PAYMENT TO VENDORS | 72 |
| 6.4 | OPTIONAL PAYMENT METHOD: P-CARD | 72 |
| 6.5 | NEW JERSEY PROMPT PAYMENT ACT | 72 |
| 6.6 | AVAILABILITY OF FUNDS | 73 |
| 7. | TERMS RELATING TO ALL CONTRACTS FUNDED, IN WHOLE OR IN PART, BY FEDERAL FUNDS | 73 |
| 7.1 | PROCUREMENT OF RECOVERED MATERIALS | 73 |
| 7.2 | EQUAL EMPLOYMENT OPPORTUNITY | 74 |
| 7.3 | DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED | 76 |
| 7.4 | CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 3701-3708 | 76 |
| 7.5 | RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT | 77 |
| 7.6 | CLEAN AIR ACT, 42 U.S.C. 7401-7671Q, AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387, AS AMENDED | 77 |
| 7.7 | DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689) | 77 |
| 7.8 | BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352 | 77 |
| 1.0 | INFORMATION FOR VENDORS {BIDDERS} | 6 |
| 1.1 | PURPOSE AND INTENT | 6 |
| 1.1.1 | testing categories | 6 |
| 1.2 | BACKGROUND | 7 |
| 1.2.1 | general information | 7 |
| 1.3 | KEY EVENTS | 8 |
| 1.3.1 | ELECTRONIC QUESTION AND ANSWER PERIOD | 8 |
| 1.3.2 | SUBMISSION OF QUOTES | 8 |
| 1.3.3 | VENDOR {BIDDER} SUPPORT | 9 |
| 1.3.4 | MANDATORY/OPTIONAL SITE VISIT | 9 |
| 1.3.5 | MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE | 9 |
| 1.3.6 | PRE-QUOTE DOCUMENT REVIEW | 9 |
| 1.4 | ADDITIONAL INFORMATION | 9 |
| 1.4.1 | BID AMENDMENTS: Revisions to this BID SOLICITATION | 9 |
| 1.4.2 | VENDOR {BIDDER} Responsibility | 10 |
| 1.4.3 | COST LIABILITY | 10 |
| 1.4.4 | CONTENTS OF QUOTE | 10 |
| 1.4.5 | ANNOUNCEMENT OF QUOTE INFORMATION | 11 |
| 1.4.6 | PRICE ALTERATION IN QUOTES | 11 |
| 1.4.7 | QUOTE ERRORS | 11 |
| 1.4.8 | JOINT VENTURE | 12 |
| 1.4.9 | RECIPROCITY FOR JURISDICTIONAL VENDOR {BIDDER} PREFERENCE | 12 |
| 1.4.10 | QUOTE ACCEPTANCES AND REJECTIONS | 12 |
| 1.4.11 | ELECTRONIC SIGNATURES | 13 |
| 2.0 | DEFINITIONS | 14 |
| 2.1 | CROSSWALK | 14 |
| 2.2 | GENERAL DEFINITIONS | 14 |
| 2.3 | BLANKET P.O. SPECIFIC DEFINITIONS/ACRONYMS | 17 |
| 3.0 | SCOPE OF WORK | 18 |
| 3.1 | General overview | 18 |
| 3.2 | Post Mortem toxicology services – category i | 18 |
| 3.2.1 | laboratory certifications and accreditations | 18 |
| 3.2.2 | vendor {contractor} requirements | 18 |
| 3.2.3 | chain of custody requirements | 19 |
| 3.2.4 | post mortem toxicology i | 19 |
| 3.2.5 | post mortem toxicology II | 21 |
| 3.2.6 | post mortem toxicology III | 24 |
| 3.2.7 | additional forensic testing | 24 |
| 3.3 | law enforcement drug testing (LEDT) – Anabolic steroid testing – category ii | 25 |
| 3.3.1 | laboratory certification requirements | 25 |
| 3.3.2 | Vendor {contractor} requirements | 25 |
| 3.3.3 | chain of custody | 25 |
| 3.3.4 | ledt requirements | 26 |
| 3.4 | Additional Blanket p.O. requirements – category i and Category II | 26 |
| 3.4.1 | reporting requirements | 26 |
| 3.5 | record retention | 27 |
| 3.6 | litigation | 27 |
| 3.7 | CONFIDENTIALITY | 27 |
| 3.8 | restrictions | 27 |
| 4.0 | QUOTE PREPARATION AND SUBMISSION | 28 |
| 4.1 | GENERAL | 28 |
| 4.2 | QUOTE DELIVERY AND IDENTIFICATION | 28 |
| 4.3 | NJSTART ELECTRONIC SUBMISSION VS. HARD COPY SUBMISSION INSTRUCTION | 28 |
| 4.3.1 | NJSTART SUBMISSION OF QUOTE | 28 |
| 4.3.2 | HARD COPY SUBMISSION | 29 |
| 4.4 | QUOTE CONTENT | 30 |
| 4.4.1 | FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED WITH QUOTE | 31 |
| 4.4.2 | FORMS, REGISTRATIONS AND CERTIFICATIONS REQUIRED BEFORE BLANKET P.O. AWARD AND THAT SHOULD BE SUBMITTED WITH THE QUOTE | 36 |
| 4.4.3 | VENDOR {BIDDER} DEMONSTRATION OF ITS ABILITY TO COMPLETE THE SCOPE OF WORK | 37 |
| 4.4.4 | FINANCIAL CAPABILITY OF THE VENDOR {BIDDER} | 38 |
| 4.4.5 | STATE-SUPPLIED PRICE SHEET | 38 |
| 4.4.6 | COOPERATIVE PURCHASING PROGRAM | 41 |
| 5.0 | SPECIAL CONTRACTUAL TERMS AND CONDITIONS APPLICABLE TO THE BLANKET P.O. | 42 |
| 5.1 | PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS | 42 |
| 5.2 | BLANKET P.O. TERM AND EXTENSION OPTION | 42 |
| 5.3 | BLANKET P.O. TRANSITION | 42 |
| 5.4 | CHANGE ORDER | 42 |
| 5.5 | VENDOR {CONTRACTOR} RESPONSIBILITIES | 43 |
| 5.6 | SUBSTITUTION OF STAFF | 43 |
| 5.7 | SUBSTITUTION OR ADDITION OF SUBCONTRACTOR(S) | 43 |
| 5.8 | OWNERSHIP OF MATERIAL | 44 |
| 5.9 | SECURITY AND CONFIDENTIALITY | 45 |
| 5.9.1 | DATA CONFIDENTIALITY | 45 |
| 5.9.2 | DATA SECURITY STANDARDS | 46 |
| 5.9.3 | TAX RETURN DATA SECURITY | 46 |
| 5.9.4 | SECURITY PLAN | 46 |
| 5.10 | NEWS RELEASES | 47 |
| 5.11 | ADVERTISING | 47 |
| 5.12 | LICENSES AND PERMITS | 47 |
| 5.13 | CLAIMS AND REMEDIES | 47 |
| 5.13.1 | CLAIMS | 47 |
| 5.13.2 | REMEDIES | 47 |
| 5.13.3 | REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL BLANKET P.O. REQUIREMENTS | 47 |
| 5.14 | LIQUIDATED DAMAGES | 47 |
| 5.15 | RETAINAGE | 47 |
| 5.16 | ADDITIONAL WORK AND/OR SPECIAL PROJECTS | 48 |
| 5.17 | MODIFICATIONS AND CHANGES TO THE State of NJ STANDARD TERMS AND CONDITIONS (SSTC) | 48 |
| 5.17.1 | INDEMNIFICATION | 48 |
| 5.17.2 | INSURANCE - PROFESSIONAL LIABILITY INSURANCE | 49 |
| 5.17.3 | PERFORMANCE GUARANTEE OF VENDOR {CONTRACTOR} | 49 |
| 5.18 | ACCESSIBILITY COMPLIANCE | 49 |
| 5.19 | BLANKET P.O. ACTIVITY REPORT | 49 |
| 5.20 | ELECTRONIC PAYMENTS | 50 |
| 5.21 | PROGRAM EFFICIENCY ASSESSMENT FOR STATE USING AGENCIES | 50 |
| 5.22 | Price list and/or test catalog update | 50 |
| 6.0 | QUOTE EVALUATION | 52 |
| 6.1 | RIGHT TO WAIVE | 52 |
| 6.2 | DIRECTOR’S RIGHT OF FINAL Quote ACCEPTANCE | 52 |
| 6.3 | STATE'S RIGHT TO INSPECT VENDOR (BIDDER) FACILITIES | 52 |
| 6.4 | Clarification of Quote / STATE'S RIGHT TO REQUEST FURTHER INFORMATION | 52 |
| 6.5 | QUOTE EVALUATION COMMITTEE | 52 |
| 6.6 | ORAL PRESENTATION | 52 |
| 6.7 | EVALUATION CRITERIA | 53 |
| 6.7.1 | VENDOR’S {BIDDER’S} STATE-SUPPLIED PRICE SHEET | 53 |
| 6.7.2 | QUOTE DISCREPANCIES | 53 |
| 6.7.3 | EVALUATION OF THE QUOTES | 53 |
| 6.8 | NEGOTIATION AND BEST AND FINAL OFFER (BAFO) | 53 |
| 6.9 | “REQUEST FOR REVISION” WITHIN NJSTART | 54 |
| 6.10 | POOR PERFORMANCE | 54 |
| 7.0 | BLANKET P.O. AWARD | 55 |
| 7.1 | DOCUMENTS REQUIRED BEFORE BLANKET P.O. AWARD | 55 |
| 7.1.1 | REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (FORMERLY EXECUTIVE ORDER NO. 134), EXECUTIVE ORDER NO. 117 (2008) AND N.J.A.C. 17:12-5 ET SEQ. | 55 |
| 7.1.2 | SOURCE DISCLOSURE REQUIREMENTS | 56 |
| 7.1.3 | AFFIRMATIVE ACTION | 56 |
| 7.1.4 | BUSINESS REGISTRATION | 56 |
| 7.2 | FINAL BLANKET P.O. AWARD | 57 |
| 7.3 | INSURANCE CERTIFICATES | 57 |
| 7.4 | PERFORMANCE SECURITY | 57 |
| 8.0 | BLANKET P.O. ADMINISTRATION | 58 |
| 8.1 | STATE CONTRACT MANAGER | 58 |
| 8.1.1 | STATE CONTRACT MANAGER RESPONSIBILITIES | 58 |
| 8.1.2 | COORDINATION WITH THE STATE CONTRACT MANAGER | 58 |
| 9.0 | STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS | 59 |
| 1. STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT | 59 | |
| 1.1 contract terms CROSSWALK | 59 | |
| 2. | STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS | 59 |
| 2.1 | BUSINESS REGISTRATION | 59 |
| 2.2 | ANTI-DISCRIMINATION | 60 |
| 2.3 | PREVAILING WAGE ACT | 60 |
| 2.5 | MACBRIDE PRINCIPLES | 60 |
| 2.6 | PAY TO PLAY PROHIBITIONS | 60 |
| 2.7 | POLITICAL CONTRIBUTION DISCLOSURE | 61 |
| 2.8 | STANDARDS PROHIBITING CONFLICTS OF INTEREST | 61 |
| 2.9 | NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE | 62 |
| 2.10 | COMPLIANCE - LAWS | 62 |
| 2.11 | COMPLIANCE - STATE LAWS | 62 |
| 2.12 | Warranty of no solicitation on commission or contingent fee basis | 62 |
| 3. | STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET FORTH IN LAW OR BASED ON THE TYPE OF CONTRACT | 62 |
| 3.1 | COMPLIANCE - CODES | 62 |
| 3.2 | PUBLIC WORKS CONTRACTOR REGISTRATION ACT | 63 |
| 3.3 | PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS | 63 |
| 3.4 | BUILDING SERVICE | 64 |
| 3.5 | THE WORKER AND COMMUNITY RIGHT TO KNOW ACT | 64 |
| 3.6 | SERVICE PERFORMANCE WITHIN U.S. | 64 |
| 3.7 | BUY AMERICAN | 65 |
| 4. | INDEMNIFICATION AND INSURANCE | 65 |
| 4.1 | INDEMNIFICATION | 65 |
| 4.2 | INSURANCE | 65 |
| 5. | TERMS GOVERNING ALL CONTRACTS | 66 |
| 5.1 | CONTRACTOR IS INDEPENDENT CONTRACTOR | 66 |
| 5.2 | CONTRACT AMOUNT | 66 |
| 5.3 | CONTRACT TERM AND EXTENSION OPTION | 66 |
| 5.4 | STATE’S OPTION TO REDUCE SCOPE OF WORK | 66 |
| 5.5 | CHANGE IN LAW | 67 |
| 5.6 | SUSPENSION OF WORK | 67 |
| 5.7 | TERMINATION OF CONTRACT | 68 |
| 5.8 | SUBCONTRACTING OR ASSIGNMENT | 68 |
| 5.9 | NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE | 68 |
| 5.10 | MERGERS, ACQUISITIONS | 68 |
| 5.11 | PERFORMANCE GUARANTEE OF CONTRACTOR | 69 |
| 5.12 | DELIVERY REQUIREMENTS | 69 |
| 5.13 | APPLICABLE LAW AND JURISDICTION | 69 |
| 5.14 | CONTRACT AMENDMENT | 70 |
| 5.15 | MAINTENANCE OF RECORDS | 70 |
| 5.16 | ASSIGNMENT OF ANTITRUST CLAIM(S) | 70 |
| 6 | 70 | |
| 6.1 | PRICE FLUCTUATION DURING CONTRACT | 70 |
| 6.2 | TAX CHARGES | 71 |
| 6.3 | PAYMENT TO VENDORS | 71 |
| 6.4 | OPTIONAL PAYMENT METHOD: P-CARD | 71 |
| 6.5 | NEW JERSEY PROMPT PAYMENT ACT | 71 |
| 6.6 | AVAILABILITY OF FUNDS | 72 |
| 7. | TERMS RELATING TO ALL CONTRACTS FUNDED, IN WHOLE OR IN PART, BY FEDERAL FUNDS | 72 |
| 7.1 | PROCUREMENT OF RECOVERED MATERIALS | 72 |
| 7.2 | EQUAL EMPLOYMENT OPPORTUNITY | 73 |
| 7.3 | DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED | 75 |
| 7.4 | CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 U.S.C. 3701-3708 | 75 |
| 7.5 | RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT | 76 |
| 7.6 | CLEAN AIR ACT, 42 U.S.C. 7401-7671Q, AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387, AS AMENDED | 76 |
| 7.7 | DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689) | 76 |
| 7.8 | BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352 | 76 |
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.
PURPOSE AND INTENT
This Bid Solicitation is issued by the Procurement Bureau, Division of Purchase and Property (Division), Department of the Treasury on behalf of the Department of Health, Office of the State Medical Examiner. The purpose of this Bid Solicitation is to solicit Quotes to engage a Vendor {Contractor} to perform Post Mortem Forensic Toxicology Services and Law Enforcement Steroid Testing.
The intent of this Bid Solicitation is to award Master Blanket Purchase Orders (Blanket P.O.) to those responsible Vendors {Bidders} whose Quotes, conforming to this Bid Solicitation are most advantageous to the State, price and other factors considered. The State may award any and all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Blanket P.O. during the Blanket P.O. term, when deemed by the Director of the Division of Purchase and Property (Director) to be in the State’s best interest.
The State intends to award one (1) Blanket P.O for each testing category, as identified in Section 1.1.1 of this Bid Solicitation; however, if it is determined to be in the best interest of the State, the Director may award one (1) Blanket P.O. for both testing categories, Post Mortem Toxicology Services (Category I) and Law Enforcement Drug Testing (Category II). Vendors {Bidders} are not required to submit a Quote for each category in order to be considered for award. Vendors {Bidders} may submit a Quote for one or both categories. Blanket P.O. award will be made in accordance with Section 6.7 of this Bid Solicitation.
The State of NJ Standard Terms and Conditions (SSTCs) accompanying this Bid Solicitation will apply to all Blanket P.O.s made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this Bid Solicitation and should be read in conjunction with them unless the Bid Solicitation specifically indicates otherwise.
The State of New Jersey (State) intends to extend the Blanket P.O.s awarded to the Division's Cooperative Purchasing Program participants. These participants include quasi-State entities, counties, municipalities, school districts, volunteer fire departments, first aid squads, independent institutions of higher learning, County colleges, and State colleges. In order for the State Blanket P.O. to be extended to Cooperative Purchasing Program participants, the Vendor {Bidder} must agree to the extension by executing the Cooperative Purchase Form. Also refer to Section 4.4.6 of this Bid Solicitation. Although the State, with the consent of the Vendor(s) {Bidder(s)}, is making the use of any Blanket P.O. resulting from this Bid Solicitation available to non-State Agencies, the State makes no representation as to the acceptability of any State Bid Solicitation terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation.
testing categories
The following table identifies the testing categories applicable to Bid Solicitation 19DPP00414.
Testing Categories
| Category I |
| Category II |
Post Mortem Toxicology Services, shall include:
· Post Mortem Toxicology I, as described in Bid Solicitation Section 3.2.4;
· Post Mortem Toxicology II, as described in Bid Solicitation Section 3.2.5; and
· Post Mortem Toxicology III; and
· Additional Forensic Testing, as described in Bid Solicitation Section 3.2.73.2.6 Law Enforcement Drug Testing, as described in Bid Solicitation Section 3.3.4
BACKGROUND
This is a re-bid of Bid Solicitation 18DPP00192 Toxicology Laboratory Services-Office of the State Medical Examiner previously advertised on February 26, 2018. Vendors {Bidders} are cautioned that this Bid Solicitation addresses new requirements.
general information post mortem testing services
The OSME is responsible for the administration and enforcement of State laws and regulations relating to the medical examiner system and medicolegal death investigations in New Jersey. The OSME oversees the State’s Northern and Southern Regional Medical Examiner Offices, providing medicolegal death investigation services to seven (7) of the twenty-one (21) counties.
Post Mortem Forensic Toxicology services for the two State Regional Medical Examiner Offices are provided by the State Toxicology Lab. At times and for various reasons, certain cases requiring comprehensive drug testing or identification/quantitation of specific drugs, may have to be referred to outside laboratories for testing.
The following table represents an approximation of the total number of post mortem screenings per panel that have been performed on an annual basis:
| Screening TypePanel |
| Blood Quantity |
| Serum/Plasma/Fluid |
| Tissue |
| Urine |
| Post Mortem Toxicology I |
| 01,800 |
| 2 |
| 1 |
| 0 |
| Post Mortem Toxicology II |
| 109900 |
| 0 |
| 0 |
| 1 |
| Additional Forensic TestingPost Mortem Toxicology III |
| 40431 |
| 6 |
| 2 |
| 4 |
Law Enforcement drug testing
As the chief law enforcement officer of the State, the Attorney General is duty bound to ensure that the citizens of New Jersey receive police services from law enforcement officers whose competency and integrity are beyond question.
The Attorney General is responsible for ensuring that the illegal use of drugs by individual law enforcement officers does not undermine the integrity of law enforcement agencies or threatens the safety and morale of other law enforcement officers. AG Directive 2018-2 requires that a minimum of ten percent (10%) of the sworn officers within an agency be randomly tested no less than twice in each calendar year. As such the Attorney General has directed the Office of the State Medical Examiner to provide all anabolic steroid testing required by the Law Enforcement Drug Testing Policy.
The following table represents the total number of samples that have been analyzed over the last two (2) fiscal years.
LEDT by Fiscal Year Quantity
| Fiscal Year |
| Quantity |
| 2017 |
| 297 |
| 2018 |
| 351 |
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 Division will not respond to substantive questions related to the Bid Solicitation or any other Blanket P.O. via this e-mail address or phone number. For inquiries related to substantive questions refer to Section 1.3.1 (Electronic Question and Answer Period).
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
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, 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. Vendor {Bidder} must provide a detailed statement clearly identifying those sections of the Quote that it claims are exempt from production, and the legal and factual basis that supports said exemption(s) as a matter of law. Please include a redacted copy of the Quote indicating the sections identified as confidential. The State will not honor any attempts by a Vendor {Bidder} to designate its entire Quote as proprietary, confidential and/or to claim copyright protection for its entire Quote.
The State reserves the right to make the determination as to what is proprietary or confidential, and will advise the Vendor {Bidder} accordingly. Any proprietary and/or confidential information in a Quote will be redacted by the State. Copyright law does not prohibit access to a record which is otherwise available under OPRA.
In the event of any challenge to the Vendor’s {Bidder’s} assertion of confidentiality with which the State does not concur, the Vendor {Bidder} shall be solely responsible for defending its designation, but in doing so, all costs and expenses associated therewith shall be the responsibility of the Vendor {Bidder}. The State assumes no such responsibility or liability.
A Vendor {Bidder} shall not designate any price lists and/or catalogs submitted as exempt from public disclosure as the same must be accessible to State Using Agencies and Cooperative Purchasing Program participants (if the Bid Solicitation has been extended to these participants) and thus must be made public to allow all eligible purchasing entities access to the pricing information.
In order not to delay consideration of the Quote or the State’s response to a request for documents, the State requires that Vendor {Bidder} respond to any request regarding confidentiality markings within the timeframe designated in the State’s correspondence regarding confidentiality. If no response is received by the designated date and time, the State will be permitted to release a copy of the Quote with the State making the determination regarding what may be proprietary or confidential.
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} 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
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
| 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 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.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 – 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 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
American Board of Forensic Toxicology (ABFT) – Establishes and enhances voluntary standards for the practice of forensic toxicology and for the examination and recognition of scientists and laboratories providing forensic toxicology services.
Anabolic Steroid Testing – Is the testing performed on a urine drug specimen to detect the use of anabolic steroids, prohormones, designer steroids and masking agents.
Certificate of Qualification – Is the formal document that identifies individuals who possess qualifications and competence in forensic toxicology.
Chain of Custody (COC) – A legal protocol describing the documentation of a specimen transfer from the time of collection until final disposition.
College of American Pathologists (CAP) – An organization comprising of board-certified pathologists.
DNA – Deoxyribonucleic Acid – A nucleic acid that carries the genetic information in cells.
Litigation Testimony – Is expert testimony, provided under oath by the Vendor’s {Contractor’s} Toxicologist in civil and/or criminal matters.
Litigation Package – Is a packet prepared by the Vendor {Contractor} that provides sufficient material and documentation to allow for an independent review by a qualified Toxicologist in Civil and/or criminal matters.
Office of the State Medical Examiner (OSME) – The office responsible for the administration and enforcement of State laws and regulations relating to the medical examiner system and medicolegal death investigations in the State of New Jersey.
Post Mortem Forensic Toxicology – Determines the absence or presence of drugs and their metabolites, chemicals such as ethanol and other volatile substances, carbon monoxide and other gases, metals, and other toxic chemicals in human fluids and tissues, and evaluates their role as a determinant or contributory factor in cause and manner of death.
Specimen Validity Testing (SVT) – Is performed on a urine drug screen specimen to detect substitution, adulteration, or dilution.
Trial Preparation – is the time spent preparing for litigation testimony (e.g. meeting with attorney’s. travel expenses, lodging, etc.).
SCOPE OF WORK
General…
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