Bid Solicitation #

26DPP01283

T3165 - Naloxone, 4mg Nasal Spray, FDA-Approved, for the New Jersey Department of Human Services’ Naloxone Direct Program

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 08625‑0230 On Behalf of:

State of New Jersey Department of Human Services 222 South Warren Street, P.O. Box 700 Trenton, NJ 08625-0700

Date: 8/19/2026

TABLE OF CONTENTS

ATTACHMENT 1 – Combined State of New Jersey Standard Terms and Conditions (6/3/2025) 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 the New Jersey Department of Human Services. 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.

1.1 PURPOSE, AND INTENT AND BACKGROUND

The purpose of this Bid Solicitation is to solicit Quotes for Naloxone, 4mg Nasal Spray (each Carton must contain two (2) doses), shipped by the Case (each Case must contain 12 two-dose Cartons) directly to Eligible Entities registered in the New Jersey Department of Human Services’ Naloxone Direct Program. The Department of Human Services is seeking a Contractor of FDA-Approved Naloxone 4mg nasal spray (each Carton contains 2 doses) to be the sole supplier for the Naloxone Direct Program shipping Naloxone directly to registered Eligible Entities throughout the state.

It is the intent of the State of New Jersey (State) to award a Contract to that responsible Bidder whose Quote, conforming to this Bid Solicitation is most advantageous to the State, price and other factors considered. 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.

The Bid Solicitation and State-Supplied Price Sheet contains one (1) price line, as follows:

Important: The Bureau does not intend to invoke the Best and Final Offer process (Bid Solicitation Section 8.12) for this procurement. As such, Bidders are encouraged to submit their best and final Quote pricing for each price line bid with its Quote submission. The Bureau, however, reserves the right to invoke the Best and Final Offer process should it feel it is in the best interest of the State.

The Division intends to make one (1) Contract award, in accordance with Bid Solicitation Sections 8.9 and 8.16.

This Bid Solicitation is not designated as a Small Business or Disabled Veteran-Owned Business set aside.

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.

1.2 BACKGROUND

This is the first time that a Bid Solicitation has been developed for the subject procurement.

Below are the number of Naloxone 4mg nasal spray cartons distributed and the annual expenditures in calendar years 2024 and 2025 through the DHS Naloxone Direct Program:

In response to the ongoing opioid epidemic, the legislature enacted the Overdose Prevention Act (P.L. 2021 c.152) with the specific purpose of ensuring that access to opioid antidotes be made as easily accessible and as widely available as possible, such that they are readily available at all times to provide treatment to people experiencing a suspected opioid overdose. Shortly thereafter, in compliance with the enabling legislation, the Deputy Commissioner for Public Health Services issued a standing order to distribute and administer opioid antidotes for Overdose Prevention (Control No. 2021-02). In 2022, the New Jersey Department of Human Services (DHS), in partnership with the New Jersey Department of Health (DOH) and the State Attorney General's Office, established the Naloxone Direct Program to operationalize the legislation. The program supports state law that authorizes a recipient in possession of an opioid antidote to distribute the antidote, without fee, to any person at risk of experiencing an overdose or who may be in the best position to administer an opioid antidote. The law also requires first responders to leave behind naloxone to individuals in certain circumstances when responding to an overdose. This is to make opioid antidotes as easily accessible and widely available as possible.

Launched in 2022, the Naloxone Direct Program is a DHS Naloxone distribution initiative that allows local government agencies, first responders and other Eligible Entities to register and request direct shipments of Naloxone through an online portal created by DHS. The purpose of the Naloxone Direct Program is to provide Naloxone to Eligible Entities participants operating in the State of New Jersey as a means to: 1. furnish, distribute and administer Naloxone in accordance with the law; 2. access the requisite dissemination information; and 3. make “leave behind” Naloxone available for distribution to individuals post-overdose. Eligible Entities are able to register and log into the Naloxone Direct online portal and request FDA-Approved Naloxone 4mg nasal spray by the Case (each Case contains exactly twelve (12) two-dose Cartons). Naloxone requests received through the portal are sent to the Contractor, who then ships the medicine directly to the Eligible Entity. Naloxone distributed through this initiative is purchased with funds from the State Opioid Response (SOR) grant.

Eligible entities who can register for the program include first responders (i.e., law enforcement, fire, emergency medical services), state/local governmental agencies, schools, libraries, treatment programs, harm reduction agencies, colleges/universities, shelters, and food banks. Additional organizations may be added at the discretion of DHS based on need. A complete list of eligible entities can be accessed by visiting: https://dmhas.dhs.nj.gov/NDP This Contract will be funded with federal grant dollars that, as of the issuance of this Bid Solicitation, are only available to fund the first year of the Contract term. There is a material risk that no State or federal funding will be available after the first year. This risk is heightened because the second and third years of the Contract term will likely start shortly before the State's annual Appropriations Act is passed, meaning that funding for the majority of those years will be uncertain until after they begin. Therefore, the State may, at its sole discretion, terminate or modify the Contract at any time based on the availability of funding.

IMPORTANT NJSTART VENDOR PROFILE INFORMATION:

Bidders are urged to check their NJSTART profile promptly and periodically to confirm that their account is up to date and that all contact information is current and accurate. Access to the NJSTART profile is required in order to submit a Quote.

The Division estimates that it can take up to two weeks to process a Bidder’s request for access to their NJSTART profile from the date the request is submitted. Vendors needing help to access their company’s NJSTART profile/account should use the link below:

NJSTART Vendor Support Portal

To register your firm in NJSTART system for the first time:

Visit www.njstart.gov and click on "Supplier Registration" to start the process. More information can be found in the NJSTART "Vendor Registration" guide by clicking on the “VENDOR QUICK REFERENCE GUIDES” tab at NJSTART Vendor Support page. You should also watch the "Registration Video" located on the Welcome page of the NJSTART Vendor Support page.

PLEASE NOTE: Bidders are responsible for, control and maintain all of your company’s information on NJSTART, including all Bidder contact information, addresses, commodity codes, and any other relevant information. (Please see Bid Solicitation Section 3.2 Bidder Responsibility).

IMPORTANT NOTICE: Please be advised that any exceptions to the State of New Jersey Combined Standard Terms and Conditions that are not accepted or revised by the Division of Purchase and Property as a result of the Electronic Question and Answer Period and the subsequent Bid Amendment will not be considered. If a Bidder submits any type of exception to the State of New Jersey Combined Standard Terms and Conditions with their Quote, whether through redlined revisions or any other method, the Bidder’s Quote will be deemed non-responsive in its entirety.

1.3 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 obligated to order.

1.4 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, shall be as 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.

1.5 INTRASTATE COOPERATIVE PURCHASING

While Intrastate Cooperative Purchasing Participants that are registered in DHS’s Naloxone Direct Program may request direct shipments of Naloxone, the Contract awarded herein will only be open to the New Jersey Department of Human Services.

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.

2.1 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 State-Supplied 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.

2.2 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).

2.3 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.

2.4 MANDATORY/OPTIONAL SITE VISIT

Not applicable to this procurement.

2.5 MANDATORY/OPTIONAL PRE-QUOTE CONFERENCE

Not applicable to this procurement.

2.6 PRE-QUOTE DOCUMENT REVIEW

Not applicable to this procurement.

QUOTE SUBMISSION REQUIREMENTS

3.1 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.

3.2 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.

3.3 ANNOUNCEMENT OF QUOTE INFORMATION

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

3.4 QUOTE ERRORS

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

3.5 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.

3.6 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.

3.7 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.

3.8 SMALL BUSINESS SET-ASIDE CONTRACTS

Not applicable to this procurement.

3.9 DISABLED VETERANS’ BUSINESS SET-ASIDE CONTRACT

Not applicable to this procurement.

3.10 BID SECURITY

Not applicable to this procurement.

3.11 BIDDER ADDITIONAL TERMS SUBMITTED WITH THE QUOTE

For purposes of this section, the phrase "Solicitation Requirements" means the scope of work required in this Bid Solicitation, the terms and conditions of this Bid Solicitation, and the State of New Jersey Standard Terms and Conditions.

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 Bid Solicitation requirements. Quotes that include non-conflicting additional terms may be accepted, rejected, or negotiated, in whole or in part, at the Division's sole discretion.

A Bidder may not include in its Quote any proposed term or condition that conflicts with the Solicitation Requirements. This includes exceptions or modifications submitted as part of the Quote or through the "Terms and Conditions" Tab in NJSTART. A Quote containing conflicting terms or conditions will be deemed non-responsive.

If a Bidder wishes to propose a term or condition that conflicts with the Solicitation Requirements, the Bidder must raise it before Quote submission through the electronic question and answer procedure. Conflicting terms will be considered only if submitted and agreed to through that procedure. It is the Bidder's responsibility to identify and resolve or remove any conflicting terms prior to submitting its Quote.

3.12 QUOTE CONTENT

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

· Forms from Attachment 1 - Standard Procurement Forms Packet, specifically a completed and signed Ownership Disclosure Form (Bid Solicitation Section 3.13.2).

· State-Supplied Price Sheet, completed in accordance with the instructions in Bid Solicitation Section 3.36.

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.

3.13 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

3.13.1 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.

3.13.2 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.

3.13.3 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.

3.13.4 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.

3.13.5 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.

3.13.6 SERVICE PERFORMANCE WITHIN THE UNITED STATES

Not applicable to this procurement.

3.13.7 CONFIDENTIALITY AND 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 State-Supplied 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.

3.13.8 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.

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

3.13.9 RESERVED

3.13.10 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.

3.13.11 RESERVED

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

3.13.13 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.

3.13.14 CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS 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.2022, 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.

3.14 TECHNICAL QUOTE

Not applicable to this procurement.

3.15 BIDDER QUOTE OVERVIEW FORM

Not applicable to this procurement.

3.16 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.

3.17 AFFIDAVIT OF APPAREL PRODUCTION

Not applicable to this procurement.

3.18 DISCLOSURE OF PRODUCT COMPOSITION

Not applicable to this procurement.

3.19 SPECIFICATION DATA SHEETS

Not applicable to this procurement.

3.20 SAMPLES AND TESTING

Not applicable to this procurement.

3.21 SPECIFICATION CONFORMANCE FORM

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

In order for a Bidder’s Quote to be considered for an award, Bidders must satisfy the following requirements:

1. The Bidder must be able to demonstrate capacity and experience in dealing with Contracts of similar size and scope, through the Bidder Data Sheet/Form (Attachment 4 and Bid Solicitation Section 3.16);

2. The Bidder must have the capability to ship FDA-approved Naloxone 4mg nasal spray by the Case, with each Case containing exactly twelve (12) two-dose Cartons, directly to Eligible Entities located throughout New Jersey;

3. The Bidder must have the ability to ship Naloxone orders on-demand directly to the Eligible Entities throughout New Jersey in the timeframe specified Section 4.2.A (Operational Requirements), Item #4;

4. The Naloxone 4mg nasal spray supplied must have at least a 24-month expiration date from the time of shipping;

5. The Bidder must provide educational materials on the topic of opioid overdose in both English and Spanish which include, but are not limited to: quick reference cards, FDA- approved pamphlets on the drug, warnings and proper administration guides with step-by-step instructions on how to use the drug; and

6. The Bidder must not appear on the State of New Jersey Consolidated Debarment Report at http://www.state.nj.us/treasury/revenue/debarment/debarsearch.shtml or the Federal Debarment Report and must not be suspended or debarred by any other State or Federal entity from receiving funds.

The completion and submission of the Specification Conformance form with the Bidder’s Quote certifies that the Bidder is in compliance with all Bid Solicitation requirements, including the specific requirements listed in Items 1 through 6 above.

3.22 MANUFACTURER’S CERTIFICATION

Upon the State’s 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 good(s) specified. The certification must indicate that the Bidder was authorized by the manufacturer to supply the good(s) 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.

3.23 MANUFACTURER’S PUBLISHED LIST OF OPTIONS AND ATTACHMENTS/PRICE LIST

Not applicable to this procurement.

3.24 PRICE LIST AND/OR CATALOG

Not applicable to this procurement.

3.25 MANAGEMENT OVERVIEW

Not applicable to this procurement.

3.26 CONTRACT MANAGEMENT

Not applicable to this procurement.

3.27 CONTRACT SCHEDULE

Not applicable to this procurement.

3.28 MOBILIZATION PLAN

Not applicable to this procurement.

3.29 ADDITIONAL PLAN(S)

Not applicable to this procurement.

3.30 ORGANIZATIONAL EXPERIENCE

Not applicable to this procurement.

3.31 LOCATION

Not applicable to this procurement.

3.32 ORGANIZATION CHARTS

Not applicable to this procurement.

3.33 RESUMES

Not applicable to this procurement.

3.34 EXPERIENCE WITH CONTRACTS OF SIMILAR SIZE AND SCOPE

Not applicable to this procurement.

3.35 FINANCIAL CAPABILITY OF THE BIDDER

Upon the State’s request, 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.

3.36 STATE-SUPPLIED PRICE SHEET INSTRUCTIONS

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.

The Bid Solicitation and State-Supplied Price Sheet contains one (1) price line, as follows:

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

Step 2 – The Bidder should enter the cash discount for expedited payments, pursuant to Section 3.36.2 (Cash Discounts) field located at the top of the State-Supplied Price Sheet.

If the Bidder leaves the “Cash Discount” field blank it shall mean that the Bidder is not offering a cash discount.

Step 3 – The Bidder shall insert a firm, fixed price in U.S. dollars in the “Unit Price – Price per Two-Dose Carton” field on the State-Supplied Price Sheet. The Unit Price bid must include any freight/shipping/handling costs.

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.

Step 4 – The Bidder shall enter the number of two-dose Cartons per Case in the “Number of Two-Dose Cartons per Case” field on the State-Supplied Price Sheet for the…