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TEANECK BOARD OF EDUCATION

TEANECK, NEW JERSEY 07666

COMPETITIVE CONTRACTING

Request for Proposal (RFP)

Proposal Specifications & General Requirements

CUSTODIAL SERVICES

Proposal No: CC/RFP #2627-02

Tuesday, October 27, 2026 Proposal Opening Date

11:00 a.m.

Proposal Opening Time

DR. VICTOR J. ANAYA

School Business Administrator/Board Secretary

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TEANECK, NEW JERSEY 07666

COMPETITIVE CONTRACTING-- REQUEST FOR PROPOSALS (RFP)

LEGAL ADVERTISEMENT

The Teaneck Board of Education solicits proposals through the Competitive Contracting process in accordance with N.J.S.A. 18A:18A-4.1 et seq.

CUSTODIAL SERVICES

PROPOSAL CC/RFP #2627-02

All necessary proposal specifications and proposal forms may be secured upon written request to:

Dr. Victor J. Anaya

Teaneck Board of Education 651 Teaneck Road

Teaneck, New Jersey 07666 Email: abaig@teaneckschools.org

Proposals must be submitted in a sealed envelope and delivered to the Office of the School Business Administrator/ Board Secretary of the Teaneck Board of Education on or before the date and time indicated below.

The envelope is to bear the following information:

Title: Custodial Services Proposal Number CC/RFP #2627-02 Name and Address of Vendor Proposal Opening Date Tuesday, October 27, 2026 Proposal Opening Time 11:00 a.m.

The envelope must be addressed to:

TEANECK BOARD OF EDUCATION

Attention: School Business Administrator/Board Secretary 651 Teaneck Road Teaneck, New Jersey 07666

Location of Proposal Opening

TEANECK BOARD OF EDUCATION

651 Teaneck Road

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The proposal opening process will begin on the advertised date and time at the Teaneck Board of Education, 651 Teaneck Road, Teaneck, New Jersey 07666. Proposals may also be submitted to the School Business Administrator/Board Secretary or designee at the proposal opening meeting in the Board Meeting Room prior to the advertised date and time.

The School Business Administrator/Board Secretary shall publicly receive and open all proposals on the advertised date and time.

No proposals shall be received after the time designated in the advertisement.

The Board of Education does not accept electronic (e-mail) submissions of Competitive Contracting proposals.

All vendors are required to comply with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.

Financial Guarantee Each proposal shall be accompanied by a bid bond, cashier’s check, or certified check made payable to the Teaneck Board of Education for ten percent (10%) of the total contract amount, not in excess of twenty thousand dollars ($20,000.00).

Statement of Ownership Requirement: Pursuant to N.J.S.A. 52:25-24.2, Bidders (proposers) shall submit a statement setting forth the names and addresses of all persons and entities that own ten percent or more of their stock or interest of any type at all levels of ownership.

A Non-Collusion Affidavit and a Contractor Questionnaire/Certification are requested to be filed with the proposal. The proposal package will also include other documents that must be completed and returned with the proposal. Failure to complete and submit all required forms may be cause for disqualification and rejection of the proposal.

The Board of Education reserves the right to disqualify any or all vendors pursuant to N.J.S.A.

18A:18A-4.5 (b) and/or N.J.S.A. 18A:18A-22 and to waive minor informalities or non-material exceptions.

All proposals solicited and received are done so pursuant to the Competitive Contracting Process.

N.J.S.A. 18A:18A-4.1 et seq., and N.J.A.C. 5:34-1 et seq.

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ETHICS IN PURCHASING

STATEMENT TO VENDORS

BOARD OF EDUCATION RESPONSIBILITY

Recommendation of Purchases The Board of Education desires to have all Board employees and officials practice exemplary ethical behavior in the procurement of goods, materials, supplies, and services.

School district officials and employees who recommend purchases shall not extend any favoritism to any vendor. Each recommended purchase should be based upon the quality of the items, service, price, delivery, and other applicable factors in full compliance with N.J.S.A. 18A:18A-1 et seq.

Solicitation/Receipt of Gifts – Prohibited School district officials and employees are prohibited from soliciting and receiving funds, gifts, materials, goods, services, favors, and any other items of value from vendors doing business with the Board of Education or anyone proposing to do business with the Board.

VENDOR RESPONSIBILITY

Offer of Gifts, Gratuities -- Prohibited Any vendor doing business or proposing to do business with the Board of Education shall neither pay, offer to pay, either directly or indirectly, any fee, commission, or compensation, nor offer any gift, gratuity, or other thing of value of any kind to any official or employee of the Board of Education or any member of the official’s or employee’s immediate family.

Vendor Influence -- Prohibited No vendor shall influence or attempt to influence any official or employee of the Board of Education in any manner that might tend to impair said official or employee's objectivity or independence of judgment.

VENDOR CERTIFICATION

Vendors or potential vendors will be asked to certify that no official or employee of the Board of Education or immediate family members are directly or indirectly interested in this request or have any interest in any portions of profits thereof. The vendor participating in this request must be an independent vendor, not an official or employee of the Board of Education.

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CC/RFP DOCUMENTS

Vendors are reminded that they must submit the required documents to be considered for any contract award resulting from the CC/RFP process. The Teaneck Board of Education provides a list of the documents to be submitted.

Document Required

Financial Guarantee Required to be Submitted with the CC/RFP Package

Certificate or Consent of Surety Required to be Submitted with the CC/RFP Package

Chapter 271 Political Contribution Disclosure Form Required to be Submitted with the CC/RFP Package

CC/RFP Proposal Form--Signed Required to be Submitted with the CC/RFP Package

Statement of Ownership Required to be Submitted with the CC/RFP Package

When required, the documents listed above must be submitted with the CC/RFP package.

Failure to submit them may result in the vendor's disqualification pursuant to N.J.S.A. 18A:18A- 4.5(b).

Document Request of the Board of Education

Acknowledgment of Addenda Issued Requested to be Submitted with the CC/RFP Package

Affirmative Action Certificate of Employee Information Report Requested to be Submitted with the CC/RFP Package

Assurance of Compliance Statement Requested to be Submitted with the CC/RFP Package

Business Registration Certificate Requested to be Submitted with the CC/RFP Package

Contractor/Vendor Questionnaire and Certification Requested to be Submitted with the CC/RFP Package

Iran: Disclosure of Investment Activities Requested to be Submitted with the CC/RFP Package

Non-Collusion Affidavit Requested to be Submitted with the CC/RFP Package

Russia or Belarus; Certification Prohibited Activities Requested to be Submitted with the CC/RFP Package

The Board of Education requests that the documents specified above be submitted with the CC/RFP package. However, they must be submitted prior to the award of the contract.

VENDOR’S RESPONSIBILITY FOR PROPOSAL SUBMISSION

It is the vendor's responsibility to ensure that their proposal is presented to the Board of Education and officially received before the advertised date and time. It is understood and agreed upon that any person on the Board of Education will be absolved from responsibility for the premature opening of any improperly labeled and sealed proposal.

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REMINDER!

As a courtesy, the Office of the School Business Administrator/Board Secretary has prepared this reminder checklist for items pertaining to this CC/RFP. The checklist is not considered to be all-inclusive. Vendors are to read and become familiar with all instructions outlined in the CC/RFP package.

Item Yes No

Have you verified your pricing to ensure accuracy?

Have you answered questions fully and accurately?

Have you signed all your documents (blue ink)? Facsimile, rubber-stamped, electronic, or digital signatures are not acceptable.

Have you prepared all the documents for submission?

Did you make a copy of the CC/RFP package for your records?

Did you submit a CC/RFP Guarantee when required? REQUIRED

Did you submit a Consent of Surety when required? REQUIRED

Did you correctly address the envelope and seal it properly?

Have you allowed ample time for the CC/RFP to reach the Board of Education?

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GENERAL

SPECIFICATIONS

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Competitive Contracting/Request for Proposals (RFP)

Custodial Services

PROPOSALS ARE TO BE SUBMITTED TO:

Teaneck Board of Education 651 Teaneck Road

BY: 11:00 a.m. PREVAILING TIME ON: Tuesday, October 27, 2026

The proposals may be delivered by mail, delivery service, or in person. Proposals are to be submitted in a sealed envelope. The envelope will be unsealed, and its contents will be announced at the proposal-opening meeting.

Envelope Label Information All vendors are to label the cover of the sealed envelope as follows:

Title: Custodial Services CC Number CC/RFP #2627-02 District Teaneck Board of Education Name and Address of Vendor Proposal Due Date: Tuesday, October 27, 2026 Proposal Opening Time: 11:00 a.m.

Failure to properly label the proposal envelope may result in the proposal being rejected!

PROPOSAL OPENING

The School Business Administrator/Board Secretary will publicly receive and unseal all proposals at the Board of Education, 651 Teaneck Road, Teaneck, New Jersey 07666, and begin reading them at 11:00 a.m. on Tuesday, October 27, 2026. Vendors and/or their authorized agents are invited to be present at the CC/RFP opening. Each vendor is responsible for ensuring their proposal is complete and presented to the School Business Administrator before the advertised date and time. No proposals shall be received or accepted by the Board of Education after the advertised date and time.

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1. AFFIRMATIVE ACTION REQUIREMENTS

Each successful company shall submit to the Board of Education, after notification of award, but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval indicating that the vendor is under an existing federally approved or sanctioned affirmative action program;

A Certificate of Employee Information Report approval issued in accordance with N.J.A.C.

17:27- 4 or

The successful vendor shall complete an Employee Information Report, Form AA-302, and submit it to the Division of Purchase and Property Contract Compliance and Audit Unit with a check or money order for $150.00 made payable to the Treasurer, State of NJ, and forward a copy of the form and check/money order to the board of education. Upon submission and review by the Division, the Report shall constitute evidence of compliance with the regulations.

Please note: A completed and signed Affirmative Action Questionnaire is requested with the submission of the proposal. However, the Board will accept, in lieu of the Questionnaire, Affirmative Action Evidence in the form of a current Certificate of Employee Information Report submitted with the proposal.

If awarded a contract, your company/firm will be required to comply with the requirements of N.J.S.A. 10:5-31 et seq., and N.J.A.C. 17:27 et seq., and the terms and conditions of the Mandatory Equal Employment Opportunity Language—Exhibit A.

Sample Certificate of Employee Information Report

All vendors are requested to submit a copy of their business entity’s Certificate of Employee Information Report with their response. Failure to submit the Certificate or other required documentation prior to the award of the contract will result in the proposal being rejected.

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2. AMERICANS WITH DISABILITIES ACT

The contractor must comply with all provisions of the Americans with Disabilities Act (ADA), P.L 101- 336, in accordance with 42 U.S.C. S121 01 et seq.

3. AMERICAN GOODS (N.J.S.A. 18A:18A-20)

In accordance with N.J.S.A. 18A:18A-20, only manufactured and farm products of the United States, wherever available, are to be used with this contract.

4. ANTI-BULLYING BILL OF RIGHTS—REPORTING OF HARASSMENT, INTIMIDATION, AND

BULLYING—CONTRACTED SERVICE

The contracted service provider shall comply with all applicable provisions of the New Jersey Anti- Bullying Bill of Rights Act—N.J.S.A. 18A:37-13.1 et seq., all applicable codes and regulations, and the Anti-Bullying Policy of the Board of Education. The District shall provide the contracted service provider with a copy of the Board’s Anti-Bullying Policy. In accordance with N.J.A.C. 6A:16-7.7 (c), a contracted service provider who has witnessed or has reliable information that a student has been subject to harassment, intimidation, or bullying shall immediately report the incident to any school administrator or safe schools resource officer or the School Business Administrator/Board Secretary.

5. ANTI-DISCRIMINATION PROVISIONS—N.J.S.A. 10:2-1

N.J.S.A. 10:2-1. Anti-discrimination provisions. Every contract for or on behalf of the State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that:

a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

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d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract, or other means of procurement of goods, services, equipment, or construction shall be awarded to a small business enterprise, minority business enterprise, or a women's business enterprise pursuant to P.L.1985, c.490 (N.J.S.A. 18A:18A-51 et seq.).

6. ASSURANCE OF COMPLIANCE FORM

During the performance of this contract, a contracted service provider may come into contact with school district students. The Board of Education fully understands its obligation to provide all students and staff members with a safe, educational environment. To this end, the Board of Education requires vendors to sign a statement of Assurance of Compliance and acknowledge their understanding of the requirements listed below.

Anti-Bullying Reporting—Requirement N.J.S.A. 18A:37-13.1 et seq.; N.J.A.C. 6A:16-7.7 (c)

Criminal History Background Checks N.J.S.A. 18A:6-7.1

Pre-Employment Requirements P.L. 2018 c.5, N.J.S.A. 18A:6-7.6 et seq.

As part of this proposal, all vendors are requested to sign and submit the enclosed Assurance of Compliance Form, acknowledging their responsibilities to comply with the following laws and administrative code.

7. AWARD OF CONTRACT; RESOLUTION; NUMBER OF DAYS

Any contract awarded under this process shall be made by resolution of the Board of Education. The award must be made within sixty (60) days of the receipt of the proposals; however, subject to extension pursuant to N.J.S.A. 18A:18A-36 (a).

8. BRAND NAME OR EQUIVALENT NOT APPLICABLE

Whenever the Board of Education requests a brand name for a particular item, it will consider a “brand name or equivalent.” Where a vendor submits an equivalent, it shall be the responsibility of the vendor to document the equivalence claim. Failure to submit such documentation shall be grounds for rejecting the claim of equivalence.

The vendor is responsible for demonstrating the equivalency of the items offered.

9. BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44)

Pursuant to N.J.S.A. 52:32-44, the Board of Education is prohibited from entering into a contract with an entity unless the vendor and each subcontractor that is required by law to be named in a proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

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Request of the Board of Education All vendors responding to requests for proposals are requested to submit a copy of their “New Jersey Business Registration Certificate,” as issued by the Department of the Treasury of the State of New Jersey, with their response package.

The Board reminds all vendors that failure to submit the New Jersey Business Registration Certificate prior to contract award will result in disqualification.

Subcontractors Prior to contract award or authorization, the contractor shall provide the Board with its proof of business registration and that of any named subcontractor(s).

Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who, in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.

During the course of contract performance:

(1) The contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

(2) The contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time.

(3)The contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B- 1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609)292-6400. Form NJ-REG can be filed online at http://www.state.nj.us/treasury/revenue/busregcert.shtml. Before final payment is made under the contract, the contractor shall submit to the Board of Education a complete and accurate list of all subcontractors used and their addresses.

N.J.S.A. 54:49-4.1: Violations of Registration Requirements; Penalties.

A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L.2001, c.134 (C.52:32-44 et al.) or subsection e. or f. of section 92 of P.L.1977, c.110 (C.5:12-92), or that provides false information of business registration under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency or under a casino service industry enterprise contract.

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Sample Business Registration Certificates

10. CERTIFICATE (CONSENT) OF SURETY REQUIRED

When required, each vendor shall submit with its proposal a certificate from a surety company stating that the surety company will provide the contractor with a performance bond in an amount equal to the amount of the contract (N.J.S.A. 18A:18A-25). Such a surety company must be licensed and qualified to do business in the State of New Jersey. The certificate (consent) of Surety, together with a power of attorney, must be submitted with the proposal.

Failure to sign the Certificate (Consent) of Surety by either the Surety or Principal and/or failure to submit the properly executed Certificate (Consent) of Surety with the proposal shall be deemed cause for the vendor's disqualification.

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11. CONTRACTOR/VENDOR REQUIREMENTS—ACCESS AND MAINTENANCE OF RECORDS

Contractors/vendors doing business with the Board of Education are reminded of the following legal requirements pertaining to the Office of the New Jersey State Comptroller:

Access to Relevant Documents and Information—N.J.S.A. 52:15C-14 (d) Private vendors or other persons contracting with or receiving funds from a unit in the Executive branch of State government, including an entity exercising executive branch authority, independent State authority, public institution of higher education, or unit of local government or board of education shall upon request by the State Comptroller provide the State Comptroller with prompt access to all relevant documents and information as a condition of the contract and receipt of public monies. The State Comptroller shall not disclose any document or information to which access is provided that is confidential or proprietary. If the State Comptroller finds that any person receiving funds from a unit in the Executive branch of State government, including an entity exercising executive branch authority, independent State authority, public institution of higher education, or unit of local government or board of education refuses to provide information upon the request of the State Comptroller, or otherwise impedes or fails to cooperate with any audit or performance review, the State Comptroller may recommend to the contracting unit that the person be subject to termination of their contract, or temporarily or permanently debarred from contracting with the contracting unit.

Maintenance of Contract Records—N.J.A.C. 17:44-2.2 Relevant records of private vendors or other persons entering into contracts with covered entities are subject to audit or review by OSC pursuant to N.J.S.A. 52:15C-14(d).

The contractor/vendor to whom a contract has been awarded shall maintain all documentation related to products, transactions, or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

Board of Education Requirement In addition to, and independent of, the requirements of N.J.S.A. 52:15C-14 (d) and N.J.A.C. 17:44-2.2, the Contractor shall also maintain and make any or all books and records related to product transactions or services rendered under this contract available to the Board of Education upon request.

12. CRIMINAL HISTORY BACKGROUND CHECKS/DISCLOSURE OF INFORMATION

When required, pursuant to N.J.S.A. 18A:6-7.1, providers for the services of this contract shall submit to the school district, prior to commencement of the contract, evidence or proof that each employee assigned to provide services and who comes in regular contact with students has had a criminal history background check, and that said check indicates that no criminal history record information exists on file for that worker. Failure to provide proof of a criminal history background check for any employee coming in regular contact with students prior to commencement of contact may be cause for breach of contract. If it is discovered during the course of the contract that an employee has a disqualifying criminal history or the employee has not had a criminal history background check, that employee is to be removed from the service provider list immediately. All contracted service providers shall comply with N.J.S.A. 18A:6-7.6 et seq., and the NJDOE Broadcast of September 9, 2019, as it pertains to disclosure of information from previous employers, when applicable.

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13. DEBARMENT; SUSPENSION; DISQUALIFICATION; N.J.A.C. 17:19-4.1 et seq.

The Board of Education will not enter into a contract for work with any person, business entity, or firm that is on the State Department of Labor and Workforce Development Prevailing Wage Debarment List or the State of New Jersey Consolidated Debarment Report.

www.nj.gov/treasury/revenue/debarment/index.shtml

Pursuant to N.J.S.A. 52:32-44.1 (a), any person who is debarred at the federal level from contracting with a federal government agency shall be debarred from contracting for any public work in this State.

All vendors are required to certify on the Contractor/Vendor Questionnaire and Certification Form that neither the entity listed on the proposal form nor any person employed by this entity, nor the person’s affiliates, are debarred from contracting with a federal government agency or from contracting with the State of New Jersey. The Board of Education will verify the certification by consulting.

New Jersey Department of Treasury – Consolidated Debarment Report

NJ Department of Labor and Workforce Development– Prevailing Wage Debarment List

Federal Debarred Vendor List—System for Award Management (SAM.gov/exclusions)

Workplace Accountability in Labor List (The WALL) P.L. 2019, c. 366 (N.J.S.A. 34:1A-1.16) authorized the New Jersey Department of Labor and Workforce Development (NJDOL) to create a list on its website, dubbed the Workplace Accountability in Labor List (The WALL), of any person found in violation of any State wage, benefit, and tax laws and against whom a final order has been issued by the NJDOL for such violation. Any person or business named on The WALL is prohibited from contracting with any contracting unit until the liability for violations of State wage, benefit, and tax laws have been paid in full. The WALL is now live at https://www.nj.gov/labor/ea/osec/wall.shtml.

14. DOCUMENTS MISSING/ILLEGIBLE

The vendor shall familiarize themselves with all forms provided by the Board that are to be returned with the proposal. If any forms are missing or illegible, it is the vendor's responsibility to contact the School Business Administrator/Board Secretary for duplicate copies of the forms. This must be done before the proposal opening date and time.

15. DOCUMENT SIGNATURES – ORIGINAL; BLUE INK

All documents returned to the Board of Education shall be signed with an original signature in ink (blue). Failure to sign and return all required documents in the proposal package may be grounds for disqualification of the vendor and for rejection/disqualification of the proposal pursuant to N.J.S.A. 18A:18A-2(y) (non-responsive). Facsimile, rubber-stamped, electronic, or digital signatures are not acceptable.

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16. EXAMINATION OF SPECIFICATIONS, ACKNOWLEDGEMENT

The vendors, by submitting a CC/RFP, acknowledge that they have carefully examined the CC/RFP specifications, documents, addenda (if any), and the site and that from their investigation, they have satisfied themselves as to the nature and location of the work the general and local conditions and all matters which may in any way affect the work or its performance, and that as a result of such examination, he fully understands the intent and purpose thereof, their obligations thereunder, and that he will not make any claim for, or have any right to damages, because of the lack of any information.

Each vendor submitting a CC/RFP for a service contract shall include in their CC/RFP price all labor, materials, equipment, services, and other requirements necessary, or incidental to, the completion of the work and other pertinent work as hereinafter described, in accordance with the CC/RFP specifications and documents.

17. FALSE MATERIAL REPRESENTATION – N.J.S.A. 2C:21-34-97(b) A person commits a crime if the person knowingly makes a material representation that is false in connection with the negotiation, award, or performance of a government contract. If the contract amount is $25,000.00 or above, the offender is guilty of a crime of the second degree. If the contract amount exceeds $2,500.00 but is less than $25,000.00, the offender is guilty of a crime of the third degree. If the contract amount is $2,500.00 or less, the offender is guilty of a crime of the fourth degree. Vendors should be aware of the following statutes.

N.J.S.A. 56:9-11 Violations, crime; grading.

a. Any person who shall knowingly violate any of the provisions of P.L. 1970, c.73 (C.56:9-1 et seq.) or knowingly aid or advise in such violation is guilty of a crime.

b. Any person convicted pursuant to the provisions of subsection a. of this section of a violation involving or affecting trade or commerce of a value less than $1,000,000.00 shall be guilty of a crime of the third degree. Any person convicted pursuant to the provisions of subsection a. of this section of a violation involving or affecting trade or commerce of a value equal to or greater than $1,000,000.00 shall be guilty of a crime of the second degree.

Any person convicted pursuant to the provisions of subsection a. of this section of a violation involving bid rigging on public contracts, regardless of the value of trade or commerce involved or affected, shall be guilty of a crime of the second degree.

N.J.S.A. 2C:27-10 provides that a public servant commits a crime if said public servant solicits or receives a benefit directly or indirectly, for an official act performed or to be performed by a public servant, which is a violation of official duty. In the event a contractor has knowledge that a public servant has solicited a benefit in violation of law, it is the responsibility of the bidder/contractor to report it to the appropriate authorities.

N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

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18. FINANCIAL GUARANTEE AND BONDING REQUIREMENTS

Please note! The name, address, and phone number of the Bond Underwriter, as well as the Bond Number, shall be included with all bonds submitted to the Board of Education.

Financial Guarantee REQUIRED

Each proposal, when required, shall be accompanied by a bid bond, cashier’s check, or certified check for ten percent (10%) of the amount of the total contract, but not in excess of $20,000 (twenty thousand dollars). This guarantee shall be made payable to the Teaneck Board of Education. Such deposit shall be forfeited upon a vendor's refusal to execute a contract; otherwise, checks shall be returned upon execution of the contract. The financial guarantee checks for unsuccessful vendors will be returned as soon after the proposal opening as possible, but in no event later than (10) days after the proposal opening. Uncertified business checks, personal checks, or money orders are not acceptable.

All bid bonds submitted must be signed and witnessed with original signatures. The Board will not accept facsimile or rubber-stamp signatures on the bid bond. Failure by either the Surety or the Principal to sign the bid bond shall be deemed grounds for disqualification of the proposal. The Attorney-in-Fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the Power of Attorney. The Board of Education will accept bid bonds only from companies licensed and qualified to do business in the State of New Jersey. Such a list may be available upon request to the State of New Jersey, Department of Banking and Insurance, CN 325, Trenton, New Jersey 08625.

Failure to submit and sign the financial guarantee shall be cause for the vendor's disqualification and rejection of the proposal.

19. FORCE MAJEURE

Neither party shall be liable in damages for any failure, hindrance, or delay in the performance of any obligation under this Agreement if such delay, hindrance, or failure to perform is caused by conditions beyond the control of either party, including, but not limited to, Acts of God, flood, fire, war or the public enemy, explosion, government regulations whether or not valid (including the denial or cancellation of any export or other necessary license), court order, state funding, or other unavoidable causes beyond the reasonable control of the party whose performance is affected which cannot be overcome by due diligence. Vendors and/or contractors who have a contract with the Board of Education to provide goods or services cannot unilaterally claim an increase in the cost of the contract because of Force Majeure.

20. GENERAL CONDITIONS

Authorization to Proceed -- Successful Vendor The successful business entity will not render any service unless the entity receives an approved purchase order authorizing the service to commence.

Award of Contract The Board of Education intends to award the contract for this proposal pursuant to N.J.S.A. 18A:18A- 4.3, 18A:18A-4.4(b), and 18A:18A-4.5(d) (e).

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Contract Return of Contracts and Related Contract Documents--When required Upon notification of the contract award by the Board of Education, the vendor shall sign and execute a formal contract agreement with the Board of Education when required.

Purchase Order—Considered to be a contract. N.J.S.A. 18A:18A-2 (n) If the Board of Education does not require a formal contract, an approved and signed Board of Education Purchase Order will constitute a contractual agreement. When a formal contract is required, the contractor shall sign and execute the contract and return it, along with any other required documents, to the Office of the School Business Administrator. Failure to execute the contract and return said contract and related documents within the prescribed time may cause a delay in payment for services rendered or products received or the annulment of the award by the Board of Education.

Renewal of Contract; Availability and Appropriation of Funds—When Applicable The Board of Education may renew a contract for services in full accordance with N.J.S.A. 18A:18A- 42 for one (1) additional two (2) year or two (2) additional one (1) year periods, except as provided by N.J.S.A. 18A:18A-42. Any price change included as part of an extension shall be based upon the price of the original contract as cumulatively adjusted pursuant to any previous adjustment or extension and shall not exceed the change in the index rate for the 12 months preceding the most recent quarterly calculation available at the time the contract is renewed. The terms and conditions of the contract remain substantially the same. All multi-year contracts and renewals are subject to the availability and appropriation annually of sufficient funds as may be needed to meet the extended obligation. The Board of Education is the final authority for awarding contract renewals.

Term of Contract The successful vendor, to whom the contract is awarded, will be required to do and perform the work/services and to provide and furnish the materials in connection therewith in accordance with the plans and specifications on or before the date listed in the Technical Specifications.

Purchase Order Required; Notice to Proceed No contractor or vendor shall commence any project or deliver any goods until they have received an approved purchase order authorizing work to begin or goods to be delivered.

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21. INSURANCE AND INDEMNIFICATION REQUIRED

When required by the Board of Education, the vendor/contractor to whom the contract is awarded for any service, work, or supply of goods shall secure, pay the premiums for, and keep in force until the contract expires, insurance of the types and amounts listed below:

Commercial General Liability with a $1,000,000 and $2,000,000 General Aggregate per each occurrence for Bodily Injury, Personal and Advertising Injury, Property Damage, and Products Liability.

Automobile Liability with a $1,000,000 Combined Single Limit of Liability for Bodily Injury and Property Damage per accident.

Cyber Security and Privacy Liability with a $1,000,000 per occurrence or claim.

Other Insurance Coverage $ 100,000 Pollution Cleanup $ 50,000 Fire Damage $ 5,000 Medical Expense

$4,000,000 Excess Umbrella Liability $1,000,000 Sexual Harassment, Abuse or Molestation Insurance Certificate – When Required When required, the vendor/contractor must present to the Board of Education an insurance certificate in the above types and amounts before any work or service begins.

Automobile liability insurance shall be included to cover any vehicle used by the insured.

The certificate holder shall be as follows:

Teaneck Board of Education c/o School Business Administrator/Board Secretary

651 Teaneck Road

Additional Insured Claim -- The vendor/contractor shall include the following clause on the insurance certificate.

“The Teaneck Board of Education is named as an additional insured.”

WORKERS' COMPENSATION: Evidence of adequate Workers' Compensation Insurance as required by the laws of the State of New Jersey and the United States must be available to the Board of Education.

The minimum limits are the following, unless a greater amount is required by law:

Bodily Injury by Accident $1,000,000. Each Accident Bodily Injury by Disease $1,000,000. Policy Limit Bodily Injury by Disease $1,000,000. Each Employee

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Indemnification The vendor shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the Board of Education and its agents, employees, and Board members, from and against all claims, demands, suits, actions, recoveries, judgments and costs and expenses (including, but not limited to, attorney’s fees) in connection therewith on account of the loss of life or property or injury or damage to any person, body or property of any person or persons whatsoever, which shall arise from or result directly or indirectly from the work and/or materials supplied under this contract and the performance by contractor of services under the contract or by a party for whom the contractor is liable.

This indemnification obligation is not limited by but is in addition to the insurance obligations contained in this agreement.

The vendor is to assume all liability for every sort of incident to the work, including property damage caused by their workers or by any subcontractor employed by the vendor or any of the subcontractor’s workers.

22. INTERPRETATIONS AND ADDENDA

Vendors are expected to review the RFP and comply with all requirements. Every request for interpretations should be made in writing to the School Business Administrator. It must be received at least ten (10) days, not including Saturdays, Sundays, and holidays, prior to the date fixed for the opening of proposals to be given consideration. In accordance with N.J.S.A. 18A:18A-4.4 (c), if the District desires to change proposal documentation, the School Business Administrator shall notify only those potential vendors who received the proposal documentation of any and all changes in writing. Any and all interpretations and supplemental instructions will be distributed in the form of a written addendum to the specifications. All addenda so issued shall become part of the contract document. Only comments and questions responded to by formal written addenda will be binding.

Oral interpretations, statements, or clarifications will be without legal effect.

23. IRAN DISCLOSURE OF INVESTMENT ACTIVITIES FORM N.J.S.A. 18A:18A-49.4

The Board of Education, pursuant to N.J.S.A. 18A:18A-49.4, shall implement and comply with Public Law 2012, c.25, Disclosure of Investment Activities in Iran—N.J.S.A. 52:32-55 et seq.

N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4)

a. A person or entity that, at the time of bid or proposal for a new contract or renewal of an existing contract, is identified on a list created pursuant to subsection b. of this section as a person or entity engaging in investment activities in Iran as described in subsection f. of section 2 of this act, shall be ineligible to, and shall not, bid on, submit a proposal for, or enter into or renew, a contract with a State agency for goods or services.

N.J..S.A. 52:32-58: Certification Required.

a. A State agency shall require a person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract to certify, prior to the time a contract is awarded and at the time the contract is renewed, that the person or entity is not identified on a list created pursuant to subsection b. of section 3 of this act as a person or entity engaging in investment activities in Iran described in subsection f. of section 2 of this act.

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Any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a contract, must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is identified on the State Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran. The list is found on the Treasury’s website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

The Board of Education has provided a Disclosure of Investment Activities in Iran certification form, within the specified requirements, for all persons or entities planning to submit a bid, respond to a proposal, or renew a contract with the Board. The Board of Education requests that the certification form be completed, signed, and submitted with the proposal. Such certification is required to be submitted prior to the contract being awarded.

24. LIABILITY – COPYRIGHT

The contractor (vendor) shall hold and save the Board of Education, its officials, and employees harmless from liability of any nature or kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance furnished or used in the performance of his contract.

25. NON-COLLUSION AFFIDAVIT

The Board of Education requests that a notarized Non-Collusion Affidavit be submitted with the proposal. The vendor has to certify that he has not directly or indirectly, entered into any agreement, participated in any collusion, discussed any or all parts of this proposal with any potential vendors, or otherwise taken any action in restraint of free, competitive bidding in connection with the proposal and that all statements contained in the said proposal and this affidavit are true and correct, and made with full knowledge that the Board of Education relies upon the truth of the statements contained in the said proposal and in the statements contained in this affidavit in awarding the contract for the said bid.

The vendor has to further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees of bona fide established commercial or selling agencies maintained by the vendor.

The Board of Education has provided a Non-Collusion Affidavit form within the specifications package. The Board requests that all vendors complete, sign, have their signature notarized, and submit the form with the proposal response. The Non-Collusion Affidavit must be submitted prior to the contract award.

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26. PAYMENTS

Every effort will be made to pay vendors and contractors within thirty (30) to sixty (60) days from the receipt of the goods or the rendering of services and in accordance with N.J.S.A. 18A:18A-10.1, provided the Board of Education receives the appropriate documentation, including but not limited to:

Signed voucher by vendor;

Packing Slips; and

Invoices.

Payment will be rendered upon completion of services or delivery of the full order of services.

Pursuant to the New Jersey Prompt Payment Law-- N.J.S.A. 18A:18A-10.1, unless otherwise provided for in the contract, the required payment date shall be ninety (90) calendar days from the date specified in the contract or if no required payment is specified in the contract, then the required payment date shall be 90 calendar days from the receipt of a properly executed invoice, or 90 calendar days from the receipt of goods or services, whichever is later. Interest shall not be paid unless goods and/or services have been rendered. All payments are subject to approval by the Board of Education at a public meeting. Payment may be delayed from time to time, depending on the Board of Education meeting schedule.

27. PERFORMANCE BOND REQUIRED

When required, the successful vendor shall furnish a Performance, Payment, and Completion Bond in a sum of at least one hundred percent (100%) of the total amount payable by the terms of this Contract. Such bond shall be in the form required by the Statute.

Such bond shall further carry a stipulation that no advance, premature, excessive, or delayed payments by the Board of Education shall in any way affect the obligation of the Surety on its bond.

Such bond shall further stipulate that no payments made to the Contractor, nor partial or entire use of occupancy of the work by the Board of Education, shall be an acceptance of any work or materials not in accordance with this Contract, and the Surety shall be equally bound to the same extent as the Contractor.

It is expressly stipulated that the Surety for the Contractor on the project shall be obligated to make periodic inquiries of the Board of Education at reasonable times to determine whether its Principal has performed or was performing the Contract in accordance with all of its terms and conditions, particularly in relation to the progress payments scheduled under said Contract with the Board of Education.

In the event the Contractor defaults or fails to perform or finish the work prescribed under the Contract for any reason whatsoever, it shall become the unqualified obligation of the Surety for the defaulting contractor to complete the Contract in accordance with its terms following receipt of notice from the Board of Education of such default. The successful vendor shall execute a formal contract with the Board in the form required and in such number of counterparts as the Board may request. Such Performance, Payment and Completion Bond shall be furnished, and such Contracts shall be executed and delivered by the successful vendor within ten (10) days after the receipt by the successful vendor of notice accepting his proposal by the Board. The Board of Education will only accept performance bonds from surety companies that are licensed and qualified to do business in the State of New Jersey.

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28. POLITICAL CONTRIBUTIONS DISCLOSURE – REQUIREMENTS

Annual Disclosure A business entity as defined by law is advised of its responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-20.13 (P.L. 2005 Chapter 271 section 3) if the business entity receives contracts in excess of $50,000 from public entities in a calendar year. It is the business entity’s responsibility to determine if filing is necessary. Additional information on this requirement is available from the New Jersey Election Law Enforcement Commission at 1-888-313-3532 or at www.elec.nj.us.

Chapter 271 Political Contribution Disclosure Form Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of N.J.S.A. 19:44A-20.26. This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:

any continuing political committee (a.k.a., political action committee) any candidate, committee of a candidate for, or holder of, an elective office:

o of the public entity awarding the contract o of that county in which that public entity is located o of another public entity within that county o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county

The disclosure must list reportable contributions to any of the committees that exceed $200 per election cycle that were made during the 12 months prior to the award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.

N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:

individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit all principals, partners, officers,…