T3145 24DPP00930 Bid Solicitation 9.27.2023.docx

Bid Solicitation #

24DPP00930

T3145 - Automatic Brine Production Plant Systems - Statewide

Due Date For Electronic Questions Refer to Bid Solicitation Section 2.1 for more information.

Mandatory/Optional Pre-Quote Conference Refer to Bid Solicitation Section 2.5 for more information.

Not Applicable to this Procurement.

Mandatory/Optional Site Visit Refer to Bid Solicitation Section 2.4 for more information.

Not Applicable to this Procurement.

Quote Opening Date Refer to Bid Solicitation Section 3 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 www.njstart.gov.

SET-ASIDES

Small Business Set-Aside For Goods and Services:

☐ I ☐ II ☐ III

For Construction:

☐ IV ☐ V ☐ VI

☒ Not Applicable ☐ Entire Contract ☐ Partial Contract ☐ Subcontracting Only ☐ Preference

☐ Entire Contract ☐ Partial Contract ☐ Subcontracting Only ☐ Preference

Bid Solicitation Issued By:

State of New Jersey Department of the Treasury Division of Purchase and Property Trenton, New Jersey 086250230 On Behalf of:

State of New Jersey New Jersey Department of Transportation Other State Using Agencies Cooperative Purchasing Participants

Date: 9/27/2023

TABLE OF CONTENTS

ATTACHMENT 1 – State of New Jersey Standard Terms and Conditions (6/21/2023) ATTACHMENT 2 – Standard Procurement Forms Packet ATTACHMENT 3 – Specification Conformance Form ATTACHMENT 4 – Bidder Data Sheet/Form iii

INTRODUCTION AND SUMMARY OF THE BID SOLICITATION

This Bid Solicitation is issued by the Department of the Treasury, Division of Purchase and Property (Division), Procurement Bureau, on behalf of New Jersey Department of Transportation. Quotes submitted in response to this Bid Solicitation shall be through the State of New Jersey’s eProcurement system, NJSTART. Bidders are advised to thoroughly read all sections of this Bid Solicitation and follow all instructions.

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. Bidders should utilize the QRGs before attempting to submit a Quote through NJSTART. It is the Bidder’s responsibility to ensure that the Quote and attachments have been properly submitted. Inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov. The Division will not respond to substantive questions related to the Bid Solicitation or any other Contract via this email address.

PURPOSE AND INTENT

The purpose of this Bid Solicitation is to solicit Quotes for Automatic Brine Production Plant Systems and to provide parts, installation, maintenance, and repair services for said systems for the New Jersey Department of Transportation (NJDOT), other State Using Agencies and Intrastate Cooperative Purchasing Participants throughout the State.

It is the intent of the State to award a Contract to that responsible Bidder whose Quote, conforming to this Bid Solicitation is most advantageous to the State of New Jersey (State), price and other factors considered. The State may award any or all price lines. The State, however, reserves the right to separately procure individual requirements that are the subject of the Contract during the Contract term, when deemed by the Director of the Division (Director) to be in the State’s best interest.

There are ten (10) price lines, which are itemized as follows:

The State intends to make one (1) Contract award to a responsive Bidder that meet the requirements of the Bid Solicitation.

Price Lines 1 through 10 are grouped to create a single award. Bidders must bid on Prices Lines 1 through 10 in order to be considered for an award. If a Bidder does not bid on all price lines, Price Lines 1 through 10, its Quote shall be considered non-responsive.

Upon Contract award, Using Agencies will be able to order any price line individually.

Price Lines 9 and 10 will not be part of the Quote evaluation. However, Bidders must provide a Quote for these price lines. Upon Contract award, Price Lines 9 and 10 will be added to the Proposed Awardee’s Contract.

The State makes no representation and provides no guarantee as to the minimum, average or maximum volume of purchases to be made under this Contract.

The State of New Jersey Standard Terms and Conditions (SSTCs) included with this Bid Solicitation will apply to all Contracts made with the State. 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.

BACKGROUND

This is the first time that a Bid Solicitation has been developed to establish a term Contract for the specified unit.

CONTRACT AMOUNT

The estimated amount of the Contract, if stated, shall not be construed as either the maximum or minimum amount which the State shall be obliged to order.

ORDER OF PRECEDENCE OF CONTRACTUAL TERMS

The Contract awarded, and the entire agreement between the parties, as a result of this Bid Solicitation shall consist of: (1) the final Bid Solicitation, (2) the State of New Jersey Standard Terms and Conditions, (3) the Quote, and if applicable (4) any Bidder responses to clarifications; (5) a Bidder’s Best and Final Offer, (6) other negotiated document, and/or (7) third party document. In the event of a conflict in the terms and conditions among the documents comprising this Contract, the order of precedence, for purposes of interpretation thereof, are listed from highest ranking to lowest ranking as noted above.

Any other terms or conditions, not included with the Bidder’s Quote and accepted by the State, shall not be incorporated into the Contract awarded. Any references to external documentation, including those documents referenced by a URL, including without limitation, technical reference manuals, technical support policies, copyright notices, additional license terms, etc., are subject to the terms and conditions of the Bid Solicitation and the State of New Jersey Standard Terms and Conditions. In the event of any conflict between the terms of a document incorporated by reference, the terms and conditions of the Bid Solicitation and the State of New Jersey Standard Terms and Conditions shall prevail.

INTRASTATE COOPERATIVE PURCHASING

The State intends to extend the Contract awarded to the State's Intrastate Cooperative Purchasing Participants. Although the State is making the use of any Contract resulting from this Bid Solicitation available to Intrastate Cooperative Purchasing Participants, the State makes no representation as to the acceptability of the Bid Solicitation’s terms and conditions to any Intrastate Cooperative Purchasing Participants.

PRE-QUOTE SUBMISSION INFORMATION

The Bidder assumes sole responsibility for the complete effort required in submitting a Quote and for reviewing the Quote submission requirements and the Scope of Work requirements.

ELECTRONIC QUESTION AND ANSWER PERIOD

The Division will electronically accept questions and inquiries from all potential Bidders via the “Q&A” Tab of the Bid Solicitation in NJSTART. Questions should be directly tied to a Bid Solicitation Section, the Price Sheet, Form or Attachment; and should reference the specific Bid Solicitation Section or document to which it relates.

The cut-off date for electronic questions and inquiries relating to this Bid Solicitation is indicated on the Bid Solicitation cover page. In the event that questions are posed by Bidders, answers to such questions will be issued by Bid Amendment.

A 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 Contract award.

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

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

BID AMENDMENTS

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 will become part of this Bid Solicitation and part of any Contract awarded. Bid Amendments will be posted as a file attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date.

There are no designated dates for release of Bid Amendments. Those 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 Bidder is not on the bid holder list, Bid Amendments are still viewable on the “Summary” page of the Bid Solicitation in NJSTART.

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

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.

QUOTE SUBMISSION REQUIREMENTS

QUOTE SUBMISSION

In order to be considered for award, the Quote must be received electronically by the Division’s Proposal Review Unit, through NJSTART, by the required date and time.

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 will be shown on the posted Bid Amendment and on the “Summary” Tab of the Bid Solicitation webpage within NJSTART. Quotes not received prior to the Quote opening deadline shall be rejected.

Quotes will be publicly opened and announced by telephone conference on the date and time of the quote opening.

(Dial-in phone number: 888-204-5984 / Access code: 2602305)

When submitting a Quote through NJSTART, do not use any symbols (i.e., #, @, $, &, *) in the filename as this may prevent the Quote from being properly uploaded. Uploaded files must be compatible with Microsoft Office and/or Adobe software applications. DO NOT UPLOAD files with extensions such as .zip, .numbers, or .pages.

When uploading the documents to NJSTART, the Bidder should select the “Confidential” option in NJSTART for attachments on the “Attachments” Tab to request that the documents not be displayed publicly through NJSTART. Marking an attachment as "Confidential" in NJSTART shall not constitute the Bidder's designation of the attachment as exempt from public disclosure 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.

BIDDER RESPONSIBILITY

The 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 Bidder’s failure to be knowledgeable as to all of the requirements of this Bid Solicitation. The State assumes no responsibility and bears no liability for costs incurred by a Bidder in the preparation and submittal of a Quote in response to this Bid Solicitation or any pre-contract award costs incurred.

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 otherwise noted:

A. Information appropriately designated as proprietary and/or confidential in a Bidder’s Quote shall not be available for inspection and copying; and B. Where negotiation is contemplated, only the names and addresses of the 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.

QUOTE ERRORS

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

QUOTE WITHDRAWAL PRIOR TO QUOTE OPENING

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

QUOTE WITHDRAWAL AFTER QUOTE OPENING, BUT PRIOR TO CONTRACT AWARD

If, after the Quote opening, but before Contract award, a Bidder discovers an error in its Quote, the Bidder may make a written request to the Procurement Bureau to withdraw its Quote from consideration for award. If the 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 Bidder’s offer, the request shall be granted. Evidence of the 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 Contract resulting from the Quote would be unconscionable; that the mistake relates to a material feature or term of the Contract; and that the mistake occurred notwithstanding the Bidder’s exercise of reasonable care. After Quote opening, while pursuant to the provisions of this section a Bidder may request to withdraw its Quote and the Director may in his/her discretion allow said Bidder to withdraw it, the Division also may take notice of repeated or unusual requests to withdraw by a Bidder and take those prior requests to withdraw into consideration when evaluating the Bidder’s future Quotes.

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

If, during a Quote evaluation process, an obvious pricing error made by a potential Contract awardee is found, the Director or his/her designee shall issue written notice to the Bidder. The Bidder will have up to five (5) business days after receipt of the notice to confirm its pricing. If the 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 complete and comply with all the forms and certification requirements in Bid Solicitation Section 3 – Quote Submission Requirements.

SMALL BUSINESS SET-ASIDE CONTRACTS

Not applicable to this procurement.

DISABLED VETERANS’ BUSINESS SET-ASIDE CONTRACT

Not applicable to this procurement.

BID SECURITY

Not applicable to this procurement.

PUBLIC WORKS CONTRACTOR REGISTRATION

At the time of the Quote due date, the Bidder and Subcontractors performing public work as defined in N.J.S.A. 34:11-56.26 must be registered in accordance with the Public Works Contractor Registration Act (PWCRA), N.J.S.A. 34:11-56.48 et seq. This registration is required for all trade categories required to perform work as listed herein.

Questions regarding Public Works Contractor Registration should be addressed to:

Contractor Registration New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance PO Box 369, Trenton, NJ 08625-0389

For additional information, please reference the following web site: https://www.nj.gov/labor/wagehour/regperm/pw_cont_reg.html.

Note: Bidders must bid on all price lines, Prices Lines 1 through 10, in order to be considered for an award. Even though Price Lines 9 and 10 are not part of the Quote evaluation, Bidders are still required to bid on those price lines in order to be considered for a Contract award. Similarly, Bidders must follow the instructions listed in this section in order to be considered for a Contract award.

BIDDER ADDITIONAL TERMS SUBMITTED WITH THE QUOTE

A Bidder may submit additional terms as part of its Quote. Additional terms are Bidder-proposed terms or conditions that do not conflict with the scope of work required in this Bid Solicitation, the terms and conditions of this Bid Solicitation, or the State of New Jersey Standard Terms and Conditions. Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions will render a Quote non-responsive. It is incumbent upon the Bidder to identify and remove its conflicting proposed terms and conditions prior to Quote submission.

Quotes including Bidder proposed additional terms may be accepted, rejected, or negotiated, in whole or in part, at the State’s sole discretion.

If Bidder intends to propose terms and conditions that conflict with the State of New Jersey Standard Terms and Conditions, those Bidder proposed terms and conditions shall only be considered if submitted and agreed to pursuant to the electronic question and answer procedure. Bidders shall not submit exceptions or modifications as part of the Quote or on the “Terms and Conditions” Tab through NJSTART.

QUOTE CONTENT

The Quote should be submitted with the attachments organized in the following manner:

· Forms

· State-Supplied Price Sheet

A Bidder should not password protect any submitted documents. Use of URLs in a Quote should be kept to a minimum and shall not be used to satisfy any material term of a Bid Solicitation. If a preprinted or other document included as part of the Quote contains a URL, a printed copy of the information should be provided and will be considered as part of the Quote.

FORMS, REGISTRATIONS AND CERTIFICATIONS TO BE SUBMITTED WITH QUOTE

A Bidder is required to complete and submit the following forms. As an alternative to uploading certain forms with the submitted Quote, a Bidder may complete several certifications electronically in NJSTART on the “Terms and Categories” Tab within the Vendor Profile. Those forms that may be completed on the NJSTART “Terms and Categories” Tab are noted below. Additionally, a Bidder may attach completed forms to the Vendor Profile. Refer to QRGs “Vendor Forms” and “Attaching Files” for additional instructions. VENDOR QUICK REFERENCE GUIDES

OFFER AND ACCEPTANCE PAGE

The Bidder should complete and submit the Offer and Acceptance Page with the Quote. The Offer and Acceptance Page must be signed by an authorized representative of the Bidder. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) business days of the State’s request or the State may deem the Quote non-responsive.

OWNERSHIP DISCLOSURE FORM

Pursuant to N.J.S.A. 52:25-24.2, in the event the Bidder is a corporation, partnership or limited liability company, the Bidder must disclose all 10% or greater owners by (a) completing and submitting the Ownership Disclosure Form with the Quote; (b) if the Bidder has submitted a signed and accurate Ownership Disclosure Form dated and received no more than six (6) months prior to the Quote submission deadline for this procurement, the Division may rely upon that form; however, if there has been a change in ownership within the last six (6) months, a new Ownership Disclosure Form must be completed, signed and submitted with the Quote; or, (c) a Bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest. N.J.S.A. 52:25-24.2.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this form online in NJSTART on the “Terms and Categories” Tab.

A Bidder’s failure to submit the information required by N.J.S.A. 52:25-24.2 will result in the rejection of the Quote as non-responsive and preclude the award of a Contract to said Bidder.

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

The Bidder should submit Disclosure of Investment Activities in Iran form to certify that, pursuant to N.J.S.A. 52:32-58, neither the Bidder, nor one (1) of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither the Bidder, nor one (1) of its parents, subsidiaries, and/or affiliates, is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the Bidder is unable to so certify, the Bidder shall provide a detailed and precise description of such activities as directed on the form. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) business days of the State’s request or the State may deem the Quote non-responsive.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.

DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER FORM

The Bidder should submit the Disclosure of Investigations and Other Actions Involving Bidder Form, with its Quote, to provide a detailed description of any investigation, litigation, including administrative complaints or other administrative proceedings, involving any public sector clients during the past five (5) years, including the nature and status of the investigation, and, for any litigation, the caption of the action, a brief description of the action, the date of inception, current status, and, if applicable, disposition. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) business days of the State’s request or the State may deem the Quote non-responsive.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.

MACBRIDE PRINCIPLES FORM

The Bidder should submit the MacBride Principles Form. Pursuant to N.J.S.A. 52:34-12.2, a Bidder is required to certify that it either has no ongoing business activities in Northern Ireland and does not maintain a physical presence therein or that it will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principles of nondiscrimination in employment as set forth in N.J.S.A. 52:18A-89.5 and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of their compliance with those principles. If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) business days of the State’s request or the State may deem the Quote non-responsive.

NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.

SERVICE PERFORMANCE WITHIN THE UNITED STATES

Not applicable to this procurement.

CONFIDENTIALITY/COMMITMENT TO DEFEND

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

The Bidder should submit a completed and signed Confidentiality/Commitment to Defend Form with the Quote. In the event that the Bidder does not submit the Confidentiality form with the Quote, the State reserves the right to request that the Bidder submit the form after Quote submission.

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

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

As part of its Quote, a Bidder may request that portions of the Quote be exempt from public disclosure under OPRA and/or the common law. The Bidder must provide a detailed statement clearly identifying those sections of the Quote that it claims are exempt from production, and the legal and factual basis that supports said exemption(s) as a matter of law. The State will not honor any attempts by a Bidder to designate its price sheet, price list/catalog, and/or the entire Quote as proprietary and/or confidential, and/or to claim copyright protection for its entire Quote. If the State does not agree with a Bidder’s designation of proprietary and/or confidential information, the State will use commercially reasonable efforts to advise the Bidder. Copyright law does not prohibit access to a record which is otherwise available under OPRA.

The State reserves the right to make the determination as to what to disclose in response to an OPRA request. Any information that the State determines to be exempt from disclosure under OPRA will be redacted.

In the event of any challenge to the Bidder’s assertion of confidentiality that is contrary to the State’s determination of confidentiality, the 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 Bidder. The State assumes no such responsibility or liability.

In order not to delay consideration of the Quote or the State’s response to a request for documents, the State requires that 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.

SUBCONTRACTOR UTILIZATION PLAN

Bidders intending to use Subcontractor(s) shall list all subcontractors on the Subcontractor Utilization Plan form or may list the Subcontractor(s) on the “Subcontractor” Tab in NJSTART.

For a Quote that does NOT include the use of any Subcontractors, the Bidder is automatically certifying that, if selected for an award, the Bidder will be performing all work required by the Contract.

If it becomes necessary for the Contractor to substitute a Subcontractor, add a Subcontractor, or substitute its own staff for a Subcontractor, the Contractor will identify the proposed new Subcontractor or staff member(s) and the work to be performed. The Contractor shall forward a written request to substitute or add a Subcontractor or to substitute its own staff for a Subcontractor to the State Contract Manager for consideration. The Contractor must provide a completed Subcontractor Utilization Plan, a detailed justification documenting the necessity for the substitution or addition, and resumes of its proposed replacement staff or of the proposed Subcontractor’s management, supervisory, and other key personnel that demonstrate knowledge, ability and experience relevant to that part of the work which the Subcontractor is to undertake. The qualifications and experience of the replacement(s) must equal or exceed those of similar personnel proposed by the Contractor in its Quote. The State Contract Manager will forward the request to the Director for approval.

NOTE: No substituted or additional Subcontractors are authorized to begin work until the Contractor has received written approval from the Director.

SMALL BUSINESS AND/OR DISABLED VETERANS’ BUSINESS SUBCONTRACTING SET-ASIDE CONTRACT Not applicable to this procurement.

RESERVED

AFFIRMATIVE ACTION

The intended Contractor and its named Subcontractor(s) must submit a copy of a New Jersey Certificate of Employee Information Report, or a copy of Federal Letter of Approval verifying it is operating under a federally approved or sanctioned Affirmative Action program. If the Contractor and/or its named Subcontractor(s) are not in possession of either a New Jersey Certificate of Employee Information Report or a Federal Letter of Approval, it/they must complete and submit the Affirmative Action Employee Information Report (AA-302). Information, instruction and the application are available at https://www.state.nj.us/treasury/contract_compliance/index.shtml.

STATE OF NEW JERSEY SECURITY DUE DILIGENCE THIRD-PARTY INFORMATION SECURITY QUESTIONNAIRE Not applicable to this procurement.

BUSINESS REGISTRATION

In accordance with N.J.S.A. 52:32-44(b), a Bidder and its named Subcontractors must have a valid Business Registration Certificate (“BRC”) issued by the Department of the Treasury, Division of Revenue and Enterprise Services prior to the award of a Contract. A Bidder should verify its Business Registration Certification Active status on the “Maintain Terms and Categories” Tab within its profile in NJSTART. In the event of an issue with a Bidder’s Business Registration Certification Active status, NJSTART provides a link to take corrective action.

Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Pursuant to P.L.2022, c3 The Bidder should submit the Certification of Non-Involvement in Prohibited Activities in Russia or Belarus Form. Pursuant to P.L.2022, c.3, a person or entity seeking to enter into or renew a contract for the provision of goods or services shall certify that it is not Engaging in Prohibited Activities in Russia or Belarus as defined by P.L.2002, c.3, sec. 1(e). If a Bidder does not submit the form with the Quote, the Bidder must comply within seven (7) business days of the State’s request or the State may deem the Quote non-responsive.

TECHNICAL QUOTE

Not applicable to this procurement.

BIDDER QUOTE OVERVIEW FORM

Not applicable to this procurement.

BIDDER DATA SHEET/FORM

The Bidder should submit the Bidder Data Sheet with its Quote. The Bidder Data Sheet will be used to evaluate the Bidder’s ability to complete the Scope of Work.

The Bidder should provide in its response to Part I of the Bidder Data Sheet all relevant information regarding its experience in successfully completing contracts of a similar size and scope to the work required by this Bid Solicitation.

The Bidder must provide, in Part II of the Bidder Data Sheet, details of any negative actions taken by other contracting entities against it in the course of performing these projects including, but not limited to, receipt of letters of potential default, default, cure notices, termination of services for cause, or other similar notifications/processes. Additionally, the Bidder should provide details, including any negative audits, reports, or findings by any governmental agency for which the Bidder is/was the contractor on any contracts of similar scope. In the event a Bidder neglects to include this information in its Quote, the Bidder’s omission of necessary disclosure information may be cause for rejection of the Bidder’s Quote by the State.

If proposing to use a Subcontractor, the Bidder should provide as an attachment to the Bidder Data Sheet documented experience to demonstrate that each Subcontractor has successfully performed work on contracts of a similar size and scope to the work that the Subcontractor is designated to perform in the Bidder’s Quote. The Bidder must provide a detailed description of services to be provided by each Subcontractor.

DISCLOSURE OF PRODUCT COMPOSITION

Not applicable to this procurement.

SPECIFICATION DATA SHEETS

Bidders shall submit with its Quote specification data sheets for all Equivalent Products bid. The specification data sheets must document that its product bid meets or exceeds the requirements of the Bid Solicitation specifications.

Bidders offering Approved Products identified in this Bid Solicitation are not required to submit specification data sheets for those Approved Products only. However, all required information identified on the State-Supplied Price Sheet and outlined in Bid Solicitation Section 4.0 as necessary to confirm specification conformance must be provided.

SPECIFICATION CONFORMANCE FORM

The Bidder shall submit with its Quote the Specification Conformance Form. By submitting this form, the Bidder certifies that all items offered in response to this Bid Solicitation conform to the requirements set forth in the Bid Solicitation.

MANUFACTURER’S CERTIFICATION

Upon request, the Bidder should submit a letter of certification from the manufacturer whose product is supplied, certifying that the Bidder is authorized by the manufacturer to supply the automatic brine production plant system specified. The certification must indicate that the Bidder was authorized by the manufacturer to supply the brine production plant system specified as of the Quote Opening Date. The State reserves the right to request such certification and to require that such certification be provided within five (5) business days from the time it is requested.

MANUFACTURER’S PUBLISHED LIST OF OPTIONS AND ATTACHMENTS PRICE LIST (PRICE LINE 2) The Bidder should submit a manufacturer's published list of options and attachments, compatible with the brine production plant system bid, with corresponding pricing for the options and attachments offered, with its Quote. The Bidder should upload the price list as an attachment through NJSTART. Upon establishment of a Contract, the manufacturers published list of options and attachments shall become a part of the Contract and will be uploaded to NJSTART.

If a Bidder does not provide the manufacturer's published list of options and attachments with corresponding pricing with its Quote, the State reserves the right to request such information from the Bidder. The Bidder must respond to such request by providing all requested information within forty-eight (48) hours. If the information requested is not received within forty-eight (48) hours, the Quote may be deemed non-responsive.

PRICE LIST FOR MANUFACTURER’S PARTS ASSOCIATED WITH INSTALLATION, MAINTENANCE AND REPAIRS (PRICE LINE 3) The Bidder should submit a manufacturer's published list of parts associated with installation, maintenance and repairs, compatible with the brine production plant system bid, with corresponding pricing for the parts offered, with its Quote. The Bidder should upload the price list as an attachment through NJSTART. Upon establishment of a Contract, the manufacturers published list of parts shall become a part of the Contract and will be uploaded to NJSTART.

If a Bidder does not provide the manufacturer's published list of parts with corresponding pricing with its Quote, the State reserves the right to request such information from the Bidder. The Bidder must respond to such request by providing all requested information within forty-eight (48) hours. If the information requested is not received within forty-eight (48) hours, the Quote may be deemed non-responsive.

PRICE LIST FOR MANUFACTURER’S EXTENDED WARRANTIES (PRICE LINE 4)

The Bidder should submit a price list of the manufacturer's extended warranties available for the brine production plant system bid, with corresponding pricing for the warranties offered, with its Quote. The Bidder should upload the price list as an attachment through NJSTART. Upon establishment of a Contract, the manufacturer’s extended warranty price list shall become a part of the Contract and will be uploaded to NJSTART.

If a Bidder does not provide the manufacturer's published list of options and attachments with corresponding pricing for the price line item(s) bid with its Quote, the State reserves the right to request such information from the Bidder. The Bidder must respond to such request by providing all requested information within forty-eight (48) hours. If the information requested is not received within forty-eight (48) hours, the Quote may be deemed non-responsive.

prevailing wage rates – list of labor categories A Bidder should submit a list of applicable labor categories consistent with the NJ State Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq.

In the event that a Bidder is offering more than one markup to the Prevailing Wage rates on specific labor categories for Price Lines 9 and 10, the specific markup and its applicable labor category must be clearly identified. Please refer to Bid Solicitation Section 3.26, Step 5.

If the Bidder lists multiple of markups on the State-Supplied Price Sheet for Price Lines 9 and 10, but does not indicate the specific labor category associated with the markups bid for Price Lines 9 and 10, the State may ask the Bidder to clarify its intent regarding the markups bid. The Bidder must respond to such request by providing all requested information within forty-eight (48) hours. If the information requested is not received within forty-eight (48) hours, the Quote may be deemed non-responsive.

FINANCIAL CAPABILITY OF THE BIDDER

The Bidder should provide sufficient financial information to enable the State to assess the financial strength and creditworthiness of the Bidder and its ability to undertake and successfully complete the Contract. In order to provide the State with the ability to evaluate the Bidder’s financial capacity and capability to undertake and successfully complete the Contract, the Bidder should submit the following:

A. For publicly traded companies the Bidder should provide copies or the electronic location of the annual reports filed for the two most recent years; or B. For privately held companies the Bidder should provide the certified financial statement (audited or reviewed) in accordance with applicable standards by an independent Certified Public Accountant, including a balance sheet, income statement, and statement of cash flow, and all applicable notes for the most recent calendar year or the Bidder’s most recent fiscal year.

If the information is not supplied with the Quote, the State may still require the Bidder to submit it. If the Bidder fails to comply with the request within seven (7) business days, the State may deem the Quote non-responsive.

A Bidder may designate specific financial information as not subject to disclosure when the Bidder has a good faith legal/factual basis for such assertion. The State reserves the right to make the determination to accept the assertion and will so advise the Bidder.

STATE-SUPPLIED PRICE SHEET INSTRUCTIONS

The Bidder must submit its pricing using the State-Supplied Price Sheet accompanying this Bid Solicitation and located on the “Attachments” Tab.

In order for the State to make sound business judgments regarding products and prices offered in response to this Bid Solicitation, the Bidder must supply, with its Quote, the information requested on the Bid Solicitation’s pricing lines in sufficient detail as to allow the State to determine the firm, fixed Quote pricing and the precise product or service being offered, i.e., with no possible misinterpretation of the price or product/service being offered by the Bidder. A Bidder’s failure to provide, within its Quote, the information deemed by the State to be essential for product identification or price determination shall result in rejection of that Bidder’s Quote. Notwithstanding the aforementioned material obligation, in order to support the State's decision-making process, the State may require a Bidder to provide additional information or documentation that has been deemed not to be material to product identification or price determination, in which case, the Bidder shall, within the time limit set forth in the written request, comply with said request. Each Bidder is required to hold its prices firm through issuance of the Contract.

There are ten (10) price lines, which are itemized as follows:

The State intends to make one (1) Contract award to a responsive Bidder that meet the requirements of the Bid Solicitation.

Price Lines 1 through 10 are grouped to create a single award. Bidders must bid on all price lines, Prices Lines 1 through 10, in order to be considered for an award. If a Bidder does not bid on all price lines, Price Lines 1 through 10, its Quote shall be considered non-responsive.

Price Lines 9 and 10 will not be part of the Quote evaluation. However, Bidders must provide a Quote for these price lines. Upon Contract award, Price Lines 9 and 10 will be added to the Proposed Awardee’s Contract.

· Step 1 – The Bidder should enter the Bidder’s name in the field titled “Bidder Name:” located at the top of the State Supplied Price Sheet.

· Step 2 – For price lines 1 and 5, the Bidder shall insert a firm, fixed price in US dollars in the field titled “Unit Price” on the State Supplied Price Sheet.

Any additional costs, including freight, must be included in the pricing offered on the State-Supplied Price Sheet.

Unit Prices may be offered on the State-supplied Price Sheet up to two (2) decimal places to the right of the decimal point. Price Sheet formatting will automatically round Unit Prices containing more than two (2) decimal places to the right of the decimal point so as not to exceed this limit. The State will only consider pricing offered up to two (2) decimal places to the right of the decimal point and will not round any figures beyond two (2) decimal places to the right of the decimal point.

If a Bidder leaves the “Unit Price” fields blank for Price Lines 1 or 5, it shall mean that the Bidder is not offering a Quote for those price line items, which shall render the Quote non-responsive.

· Step 3 – For price lines 2, 3, and 4, the Bidder shall insert a firm, fixed percentage (%) discount or markup in the field titled Percentage (%) Discount (-) or Markup (+) from the Prices Offered on the Price List” on the State-Supplied Price Sheet.

A Bidder’s entry in the “Percentage (%) Discount (-) or Markup (+) from the Prices Offered on the Price List” field for price lines 2, 3, and 4 will be considered a percentage (%). For example, an entry of “50” shall be considered “50%” and that of “.50” shall be considered “.50%”.

A Bidder’s entry in the “Percentage (%) Discount (-) or Markup (+)” field shall include a plus (+) sign for markup or minus (-) sign for discount. If a Bidder does not include a plus (+) sign for markup or minus (-) sign for discount, the State will consider the percentage offered as a discount.

If a…