Specifications - State of New Jersey

Specifications - State of New Jersey
New Jersey Department of Corrections
Request for Proposal
Energy Star Rack Type, Multi Tank Dishwasher with Installation
TABLE OF CONTENTS
1.0 INFORMATION FOR BIDDERS ..................................................................................................................................................... 2
1.1 PURPOSE AND INTENT ................................................................................................................................................................ 2
1.2 BACKGROUND .............................................................................................................................................................................. 2
1.3 KEY EVENTS ................................................................................................................................................................................. 2
1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD ....................................................................................................... 2
1.3.2 SUBMISSION OF PROPOSAL ......................................................................................................................................... 2
1.3.3 MANDATORY SITE VISIT IS REQUIRED ........................................................................................................................ 3
1.4 ADDITIONAL INFORMATION........................................................................................................................................................ 5
1.4.1 ADDENDA: REVISIONS TO THIS RFP ............................................................................................................................ 5
1.4.2 BIDDER RESPONSIBILITY .............................................................................................................................................. 5
1.4.3 COST LIABILITY ............................................................................................................................................................... 5
1.4.4 PRICE ALTERATION IN HARD COPY PROPOSALS ...................................................................................................... 5
2.0 DEFINITIONS ................................................................................................................................................................................. 5
2.1 GENERAL DEFINITIONS ............................................................................................................................................................... 5
2.2 CONTRACT SPECIFIC DEFINITIONS........................................................................................................................................... 6
3.0 COMMODITY DESCRIPTION/SCOPE OF WORK ...................................................................................................................... 11
3.1 ENERGY STAR REQUIREMENTS .............................................................................................................................................. 11
3.2 CERTIFICATION .......................................................................................................................................................................... 11
3.3 WAREWASHER/DISHWASHER.................................................................................................................................................. 11
3.3.1 QUALIFIED ENERGY STAR® RATED WASHING EQUIPMENT LIST .......................................................................... 12
3.4 WASHING EQUIPMENT .............................................................................................................................................................. 12
3.4.1 AVAILABLE CIRCUITRY................................................................................................................................................ 12
3.4.2 EQUIPMENT FEATURES SOUGHT............................................................................................................................... 12
3.4.3 TECHNOLOGY INTERFACE .......................................................................................................................................... 13
3.4.4 ADD-ON/BUILDUP REQUEST FOR WARE WASHING EQUIPMENT .......................................................................... 13
3.5 RESPONSIBILITIES ..................................................................................................................................................................... 14
3.5.1 USING AGENCY ............................................................................................................................................................ 14
3.5.2 CONTRACTOR .............................................................................................................................................................. 14
3.6 DELIVERY RESTRICTIONS & PACKAGING .............................................................................................................................. 15
3.6.1 EQUIPMENT PACKAGING, GENERAL.......................................................................................................................... 15
3.7 WARRANTY ................................................................................................................................................................................. 15
3.8 TRAINING/LITERATURE/OPERATING MANUALS................................................................................................................... 15
3.8.1 TRAINING ...................................................................................................................................................................... 15
3.8.2 LITERATURE ................................................................................................................................................................. 16
3.8.3 OPERATING/PARTS/MAINTENANCE MANUALS & KEYS .......................................................................................... 16
3.9 BAYSIDE STATE PRISON FARM SPECIFIC DELIVERY INSTRUCTIONS............................................................................... 16
3.10 PRICING ..................................................................................................................................................................................... 16
4.0 FORMS AND DOCUMENTS REQUIRED BEFORE CONTRACT AWARD ................................................................................ 16
4.1 MACBRIDE PRINCIPLES CERTIFICATION ............................................................................................................................... 16
4.2 OWNERSHIP DISCLOSURE FORM ............................................................................................................................................ 16
4.3 CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES IN IRAN ................................................................. 17
4.4 DISCLOSURE OF INVESTIGATIONS AND ACTIONS INVOLVING BIDDER............................................................................ 17
4.5 BUSINESS REGISTRATION ....................................................................................................................................................... 17
4.6 PUBLIC WORKS CONTRACTOR REGISTRATION .................................................................................................................. 17
4.7 PUBLIC WORKS CONTRACTORS REGISTRATION ACT ....................................................................................................... 18
4.8 PUBLIC WORKS CONTRACT-ADDITIONAL AFFIRMATIVE ACTION REQUIREMENT .......................................................... 18
4.9 REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 ............................ 19
4.10 AFFIRMATIVE ACTION ............................................................................................................................................................ 19
4.11 NEW JERSEY BUSINESS ETHICS GUIDE CERTIFICATION ................................................................................................. 19
4.12 NON-COLLUSION ..................................................................................................................................................................... 19
5.0 STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS...................................................................................... 19
Specifications
1.0 INFORMATION FOR BIDDERS
1.1 PURPOSE AND INTENT
This Request for Proposal (RFP) is issued by the New Jersey Department of Corrections (NJDOC). The purpose of
this RFP is to solicit bid proposals for the purchase, delivery, and installation of an ENERGY STAR® multi-tank
dishwasher.
The intent of this RFP is to award a contract to that responsible bidder whose proposals, conforming to this RFP is
most advantageous to the NJDOC, price and other factors considered.
The State of NJ Standard Terms and Conditions, found in section 5.0, will apply to all contracts or purchase
agreements made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in
this RFP and should be read in conjunction with them unless the RFP specifically indicates otherwise. BY SIGNING
THE REQUEST FOR PROPOSAL PAGE, the bidder agrees to the State of NJ Standard Terms and Conditions.
1.2 BACKGROUND
The NJDOC is seeking a multi-tank dishwasher for institutional food service to replace an existing legacy
dishwasher/warewasher, and where applicable, install new equipment in a facility.
The location initiating the request and requiring the replacement of legacy equipment is Bayside State Prison Farm
(BSPF). The BSPF currently uses a Hobart model CRS86A dishmachine.
However, the department intends to expand the solicitation to include alternate models of dishwashers with their
respective options and installation.
1.3 KEY EVENTS
1.3.1 ELECTRONIC QUESTION AND ANSWER PERIOD
The NJDOC will accept questions and inquiries from all potential bidders electronically via e-mail at
[email protected]
Questions should be directly tied to the RFP and asked in consecutive order, from beginning to end, following the
organization of the RFP. Each question should begin by referencing the RFP page number and section number to
which it relates.
Bidders must not contact the NJDOC directly, in person, by telephone or by e-mail, concerning
this RFP.
The cut-off date for electronic questions and inquiries relating to this RFP is February 24, 2015. Answers to all
questions asked will be posted on the NJDOC’s website (www.state.nj.us/corrections) on February 26,
2015. Addenda to this RFP, if any, will be posted on the NJDOC’s website after the questions cut-off date. (See
RFP Section 1.4.1 for further information.)
1.3.2 SUBMISSION OF PROPOSAL
In order to be considered for award, the proposal must be received by the NJDOC Office of Financial Management
at the appropriate location by the required time. ANY PROPOSAL NOT RECEIVED ON TIME AT THE LOCATION
INDICATED BELOW WILL BE REJECTED. THE DATE AND TIME ARE INDICATED ON THE COVER SHEET.
THE LOCATION IS AS FOLLOWS:
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New Jersey Department of Corrections
Office of Financial Management, Room #214
P.O. Box 863
Whittlesey Road
TRENTON, NJ 08625-0863
Proposals may be e-mailed to
through common carrier.
[email protected],
hand delivered, mailed, or sent
Note: Bidders using the U.S. Postal Service regular or express mail services should allow additional time since the
U.S. Postal Service does not deliver directly to the Department of Corrections; mail is routed through a State
Central Post Office.
1.3.3 MANDATORY SITE VISIT IS REQUIRED
A Mandatory Site Visit has been scheduled for this procurement as follows:
The date and time for the site visit is: February 20, 2015 at 10:30 AM.
The location of the Mandatory Site Visit will be as follows:
Bayside State Prison Farm
4293 Route 47
Leesburg, NEW JERSEY 08327
856-785-0040
NOTES:
1) For the site visit, meet at the Farm Fronthouse on Minimum Road, off of Rt. 47.
2) An attendee may represent no more than one potential bidding entity.
A proposal will be automatically rejected from any bidder that was not represented or failed to
properly register at the Mandatory Site Visit.
1.3.3.1 MANDATORY REGISTRATION FOR SITE VISITS
Due to security, visitors shall register 48 hours prior to their respective site visit(s).
In addition, the staff of the contractor must wear photo identification at ALL times.
The site visit for the Bayside State Prison Farm project requires the
registration of all prospective bidders, by sending a fax
no later than:
2:00 pm on February 17, 2015
(fax #: (856) 785-2559
Registration must include the following information, so that the facility can contact the registrant(s) in the event of an
emergency occurring the day of the site visit(s):
i.
Company Name;
ii.
Company Address;
iii.
Name(s) of those who will be attending the site visit; plus the
iv.
Mobile/Cell Telephone number(s);
v.
Company Fax number
vi.
E-mail address for each attendee from the company.
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All registrants must provide a government issued photo identification to gain admittance into the facility
and onto the grounds. THERE SHALL BE NO EXCEPTIONS.
In the event of unforeseen circumstances; the NJDOC may be required to reschedule the site visit.
For the purpose of this solicitation process, revised site visit information, should it be required, will be
posted pursuant to Section 1.4.1 of this RFP.
1.3.3.2 SPECIAL INSTRUCTIONS FOR SITE VISIT(S)
All registrants must provide photo identification to gain admittance to the facility and grounds. All visitors
should ask to be directed from the entrance to Food Service, where a staff member will be provided to monitor and
assist you as needed.
Because of the potential risks they pose, certain items are prohibited and considered contraband on the grounds of a
State Correctional Facility. These items include:
• All tobacco products and electronic cigarettes;
• Alcohol, and illegal drugs, substances and related paraphernalia;
• Medications or over-the counter drugs not provided by Ancora;
• Syringes or intravenous equipment;
• Liquid alcohol-based items such as after shave, perfume, mouthwash;
• Bar soap, unless prescribed by a physician;
• Laundry detergent;
• Lighters, matches, lighter fluid, candles;
• Dangerous tools such as knives, razor blades, box cutters, needles, pins, nail clippers;
• Items with electrical cords;
• Wire, wire hangers, rope, twine;
• Firearms or explosives;
• Plastic bags;
• Glass containers and aluminum cans;
• Restricted food items such as caffeinated beverages and peanut butter;
• Cameras and recording devices;
• Communication devices such as cell phones, pagers, laptop computers, personal organizers.
1.3.3.3 DIRECTIONS TO THE BAYSIDE STATE PRISON FARM SITE VISIT
DIRECTIONS FROM NORTH JERSEY TO BAYSIDE STATE PRISON FARM
Take Garden State Parkway South to Exit 17. At exit, turn left to Rt. 9, tour left on Rt. 9
for approximately 3 miles; bear right at Highway # 83. Highway # 83 will end at Route
47. Take Rt. 47 North approximately 9 miles. Bayside will be on the right side of road.
DIRECTIONS FROM CENTRAL JERSEY TO BAYSIDE STATE PRISON FARM
Take 129 to I-295 South to Route 42 South to Route 55 South. Take Route 55 South,
which will end at Route 47. Stay on Route 47 South for approximately 7 miles. Bayside
will be directly on the left side of the road, near the 28 mile marker.
DIRECTIONS FROM SOUTH JERSEY TO BAYSIDE STATE PRISON FARM
Take 295 North to Route 40 east. Route 40 to Route 55 South. Rt. # 55 South, will end at
Route 47. Bayside Prison is about 7 miles South on the left side of the road near the 28
mile marker.
DIRECTIONS FROM PHILADELPHIA TO BAYSIDE STATE PRISON FARM
Walt Whitman Bridge, take Route 42 South to Route 55 South. Take Route 55 South,
which will end at Route 47. Bayside Prison is about 7 miles South on the left side of the
road near the 28 mile marker.
DIRECTIONS FROM NEW YORK TO BAYSIDE STATE PRISON FARM
Take Garden State Parkway South to Exit 17. At exit, turn left to Rt. 9, tour left on Rt. 9
for approximately 3 miles; bear right at Highway # 83. Highway # 83 will end at Route
47. Take Rt. 47 North approximately 9 miles. Bayside will be on the right.
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1.4 ADDITIONAL INFORMATION
1.4.1 ADDENDA: REVISIONS TO THIS RFP
In the event that it becomes necessary to clarify or revise this RFP, such clarification or revision will be by
addendum. Any addendum to this RFP will become part of this RFP and part of any contract awarded as a result of
this RFP.
ALL RFP ADDENDA WILL BE ISSUED ON THE DEPARTMENT OF CORRECTIONS’ WEBSITE. TO ACCESS
ADDENDA PLEASE GO TO: http://www.state.nj.us/corrections
There are no designated dates for release of addenda. Therefore interested bidders should check the NJDOC’s
website on a daily basis from time of RFP issuance through the proposal submission opening.
It is the sole responsibility of the bidder to be knowledgeable of all addenda related to this procurement.
1.4.2 BIDDER RESPONSIBILITY
The bidder assumes sole responsibility for the complete effort required in submitting a proposal in response to this
RFP. No special consideration will be given after proposals are opened because of a bidder's failure to be
knowledgeable as to all of the requirements of this RFP.
1.4.3 COST LIABILITY
The NJDOC assumes no responsibility and bears no liability for costs incurred by a bidder in the preparation and
submittal of a proposal in response to this RFP.
1.4.4 PRICE ALTERATION IN HARD COPY PROPOSALS
Proposal prices must be typed or legibly written in ink. Any price change (including "white-outs") must be initialed.
Failure to initial price changes shall preclude a contract award from being made to the bidder.
2.0 DEFINITIONS
2.1 GENERAL DEFINITIONS
The following definitions will be part of any contract awarded or order placed as result of this RFP.
Addendum – Written clarification or revision to this RFP issued by the Division of Purchase and Property.
Amendment – A change in the scope of work to be performed by the contractor.
Bidder – An individual or business entity submitting a proposal in response to this RFP.
Contract – This RFP, any addendum to this RFP, and the bidder’s proposal submitted in response to this RFP, as
accepted by the State.
Contractor – The bidder awarded a contract resulting from this RFP.
May – Denotes that which is permissible, not mandatory.
Project – The undertaking or services that are the subject of this RFP.
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Request for Proposal (RFP) – This document which establishes the bidding and contract requirements and solicits
proposals to meet the purchase needs of the using Agencies as identified herein.
Shall or Must – Denotes that which is a mandatory requirement. Failure to meet a mandatory requirement will result
in the rejection of a proposal as materially non-responsive.
Should – Denotes that which is recommended, not mandatory.
State – State of New Jersey.
Subcontractor – An entity having an arrangement with a State contractor, where by the State contractor uses the
products and/or services of that entity to fulfill some of its obligations under its State contract, while retaining full
responsibility for the performance of all of its [the contractor's] obligations under the contract, including payment to
the subcontractor. The subcontractor has no legal relationship with the State, only with the contractor.
Transaction - The payment or remuneration to the contractor for services rendered or products provided to the State
pursuant to the terms of the contract, including but not limited to the following: purchase orders, invoices, hourly
rates, firm fixed price, commission payments, progress payments and contingency payments.
2.2 CONTRACT SPECIFIC DEFINITIONS
Amp/Ampere/Amperage - the number of amperes measured in an electric current. The ampere is a measure of the
amount of electric charge passing a point in an electric circuit per unit time.
Approved Equal - See Equal.
A.R.O. - After Receipt of Order
Burr - an edge defect and a handling hazard. Burrs can scratch finished products, and cut the operators' or
customers' hands
BTU or Btu - British thermal unit - is a unit of energy used in the power, steam generation, heating and air
conditioning industries. In America, the term "BTU" is used to describe the heat value (energy content) of fuels, and
also to describe the power of heating and cooling systems, such as furnaces, stoves, barbecue grills, and air
conditioners. 1 BTU = 1 055.05585 joules.
Capacity - The number of racks or dishes a dishwashing unit can wash per hour determines its capacity. The multitank machines, sought in this RFP, consists of a prewash, wash and rinse
Delivery - A.R.O./F.O.B. bringing products ordered into the storage area of the NJDOC either by manufacturer or
distributor’s fleet or via a postal carrier/freight carrier service within the time frame designated in the RFP. Freight
costs/ delivery costs are built into the prices as bid.
Durability - The ability of a product to be reused, without significant degradation, for its intended purpose for a
greater period than the average useful product life-span of other similar products.
Energy Consumption Use/Reduce - Traditional dishwashers are one of the largest energy users in the kitchen.
Tracking and measuring energy consumption is aimed at reducing the rate at which electric energy is used by
equipment and/or processes. Reduction in the rate of energy used may be obtained by substituting technically more
advanced equipment to produce the same level of end-use services with less electricity.
ENERGY STAR® - is a voluntary energy efficiency program sponsored by the U.S. Environmental Protection
Agency. The ENERGY STAR® program makes identification of energy efficient appliances easy by labeling products
that deliver the same or better performance as comparable models while using less energy and saving money. For
additional information on the ENERGY STAR® program, including product specifications and a list of qualifying
products, the contractor is encouraged to visit the ENERGY STAR® website at http://www.energystar.gov.
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ENERGY STAR® qualified dishwashers use at least 41 percent less energy than the federal minimum standard for
energy consumption, which is much less water than conventional models. This standard is in accordance with
Governor Jon S. Corzine’s Executive Order #11 (EO 11) enacted April 22, 2006 (meets the requirements of
Executive Order #11, Section 3), which encourages the purchase of environmentally responsible products, and in
accordance with United States Environmental Protection Agency (USEPA) Comprehensive Procurement Guidelines
developed pursuant to Federal Executive Order 13101.
Equivalent/equivalency/equal - Equal salient characteristics and/or function and/or results.
F.O.B. - Free on Board; the shipment passes from seller to buyer, payment for freight is included in bid price; no
freight charges are assessed against the NJDOC.
GFI - In the United States and Canada, a residual current device is most commonly known as a ground fault circuit
interrupter (GFCI), ground fault interrupter (GFI) or an appliance leakage current interrupter (ALCI). These are used
to protect people from electrical shock. If an appliance is working properly, all electricity that the appliance uses will
flow from hot to neutral. A GFCI monitors the amount of current flowing from hot to neutral. If there is any imbalance,
it trips the circuit. A related electrical safety device is the arc-fault circuit interrupter (AFCI) which detects electrical
arcing due to loose or corroded wiring connections, which can cause building fires.
Grade - The sum of the characteristics, including but not limited to the quality and condition of the commodity at the
time of grading.
Gauge - The thickness of sheet metal ranging from 30 gauge to about 8 gauge. The larger the gauge number, the
thinner the metal.
Hemming - A hem is method to eliminate the burred edge on cut metal, a flange that has been bent more than 180
degrees. Hemming is used widely in sheet metal operations. Four types of hems are the flattened hem, open hem,
teardrop hem, and rope hem. Hems eliminate sharp edges, increase the edge stiffness, and improve the edges'
dimensional accuracy.
Inspection (of Equipment) - Examining and testing supplies or services to determine whether they conform to
contract requirements. Comparing material and services received to the specifications. The buyer’s legal right to
inspect goods is stated in the Uniform Commercial Code (U.C.C.), Section 2-513(1).
Kilowatt-hour (kWh) - unit of energy. 1000 watts for 1 hour equals a kilowatt-hour. When the number is low we
sometimes use watt-hours (Wh) instead of kWh (500 watt-hours instead of 0.5 kWh.) The kilowatt-hour is a
convenient unit for electrical bills. The energy usage of a typical electrical customer in one month is several hundred
kilowatt-hours. Megawatt-hours and terawatt-hours (are used for metering larger amounts of electrical energy. In
2004, the United States used (24%) 3,920,613,000,000 kWh, of energy compared to the second largest user, China,
at (13.1%) 2,054,568,000,000 kWh (http://www.Nationmaster.com.)
Life cycle assessment - the comprehensive examination of a product’s environmental and economic aspects and
potential impacts throughout its lifetime, including raw material extraction, transportation, manufacturing, use, and
disposal.
Life cycle cost - the amortized annual cost of a product, including capital costs, installation costs, operating costs,
maintenance costs, and disposal costs discounted over the lifetime of the product.
Make Whole - May include, but not be limited to; replacing product stock, providing alternative needed stock item
(substitute with alternate needed item(s) under contract) in lieu of original stock item and/or reimbursing the
NJDOC’s financial outlay by providing a credit to the NJDOC’s invoice(s) and paying the differential should the
NJDOC be required to source items(s) from alternative vendors.
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Materials in Solid Waste - materials found in the various components of the solid waste stream. General, solid
waste has several components, such as municipal solid waste (MSW), construction and demolition debris (C&D),
and nonhazardous industrial waste. Under RCRA Section 6002, EPA considers materials recovered from any
component of the solid waste stream when designating items containing recovered materials.
Multiple Tank Conveyor Dishwasher - A conveyor type machine that has one or more tanks for wash water and
one or more tanks for pumped rinse water, followed by a final sanitizing rinse. The machine may include one or more
pre-washing sections before the washing section. Multiple tank conveyor dishwashers can be either chemical or hot
water sanitizing, with an internal or external booster heater for the latter.
High Temp - Hot Water Sanitizing Machine: Warewashing machine that applies potable hot water to the
surfaces of dishes and kitchen wares to achieve sanitization.
Chemical Sanitizing (Low Temp) Machine: Warewashing machine that applies potable water along with a
chemical sanitizing solution to the surfaces of dishes and kitchen wares to achieve sanitization.
National Electrical Manufacturers Association (NEMA) - Founded in 1926, a voluntary trade association for the
electrical manufacturing industry. About 450 member companies that manufacture products used in the generation,
transmission and distribution, control and use of electricity: www.nema.org.
National Electrical Code (NEC), or NFPA 70 - is a United States standards for the safe installation of electrical
wiring and equipment. The NEC codifies the requirements for safe electrical installations into a single, standardized
source. It is part of the National Fire Codes series published by the National Fire Protection Association (NFPA- fire,
electrical & building safety), NEC use is commonly mandated by state or local law. The NEC is approved as an
American national standard by the American National Standards Institute (ANSI). It is formally identified as
ANSI/NFPA 70; www.nfpa.org/; Illustrated below-NEMA Outlet types, for plugs sought in this RFP-require 2 pole, 3
wire grounding:
5-15 P; 125V, 15 Amp
5- 20 P ; 125V, 20 Amp
6- 20 P; 250V, 20 Amp
NEMA 5-15
NEMA 5-20
NEMA 6-20
Illustrated below-NEMA Outlet types, for plugs suggested in this RFP-require 3 pole, 4 wire grounding; Twist-lock:
125V-150V AC,
NEMA L14-30
NRTL - Nationally Recognized Testing Laboratories- Info on marks found on electrical and mechanical products, to
certify that they meet OSHA safety standards. The NRTL determines that specific equipment and materials
("products") meet consensus-based standards of safety to provide the assurance, required by OSHA, that these
products are safe for use in the U.S. workplace: http://www.osha.gov/dts/otpca/nrtl.
NSF - National Sanitation Foundation –standardized sanitation and food safety requirements. International
developed public health and safety standards. To date, NSF has developed more than 77 public health and safety
American National Standards. As NSF expanded services beyond sanitation and into new international markets, the
name was changed to NSF International in 1990: http://www.nsf.org/business/about_NSF/ .
NSF International (formerly known as the National Sanitation Foundation) is an independent, non-profit
organization that certifies food service equipment and ensures it is designed and constructed in a way that
promotes food safety.
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NSF is internationally recognized and most food service equipment is NSF certified. Equipment certified by the NSF
must complete the following process:
The facility where the product is made is thoroughly audited by an NSF representative. This ensures the product is
constructed in a sanitary manner and that the standards for sanitary design elements are actually met during
construction and assembly. A physical evaluation of the product is carried out to ensure it meets food safety
standards. Testing and evaluation is done on the materials used to make the product to make sure they meet the
applicable ANSI/NSF standards.
The facility and product must also undergo annual follow up audits to maintain certification. NSF certified products
have passed a stringent set of evaluations to ensure food safety requirements and standards are met.
Some common food service equipment that is certified by the NSF include: commercial dishwashers, cooking, hot
holding, and transport equipment, dispensing freezers, commercial refrigerators and storage freezers, automatic ice
making equipment, and food and beverage dispensing equipment as well as commercial kitchen utensils and
cutlery.
NTE - Not To Exceed, the sodium level, fat content, size, length, weight or other salient characteristic as specified.
Occupational Safety and Health Administration (OSHA) - A division within the U.S. Department of Labor that was
created by the OSHA Act of 1970. OSHA’s mission is to assure the safety and health of America’s workers by setting
and enforcing standards; providing training, outreach, and improvement in workplace safety and health.
(www.osha.gov)
Prevailing Wage Act Compliance - The New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.)
establishes a prevailing wage level for workers engaged in public works in order to safeguard the workers efficiency
and general well-being, and to protect them as well as their employers from the effects of serious and unfair
competition resulting from wage levels that are detrimental to the efficiency and well-being of all concerned.
The Act requires the payment of minimum rates of pay to laborers, journeymen, craftsmen and apprentices
employed on public works projects. Covered workers must receive the appropriate craft prevailing wage rate as
determined by the Commissioner of Labor and Workforce Development. Prevailing wage rates are wage rates based
on the collective bargaining agreements established for a particular craft or trade in the locality in which the public
work is performed. In New Jersey, these rates vary by county and by the type of work performed.
Public works projects subject to the Act are those funded in whole or in part with the funds of a public body.
Contracts awarded directly by municipal government must be valued at $11,892 or more to be covered by the Act.
For all other public entities, including municipal utility authorities and boards of education, the threshold is $2,000.
The Act and regulations requires every contractor or sub-contractor performing public work for a public body to
maintain the following records:
the name, address, social security number, craft or trade of each worker, and;
the actual hourly rate of pay, actual daily, overtime and weekly hours worked in each craft or trade, gross pay,
itemized deductions, and
net pay paid to the employee; such record shall also include:
a. any fringe benefits paid to approved plans, funds or programs on behalf of the employee; and
b. fringe benefits paid in cash to the employee.
These records must be preserved for a two year period from the date of payment and shall be open at all reasonable
hours to the public body awarding the contract, to any other party to the lease or agreement to lease pursuant to
which the public work is done and to the Commissioner of Labor and Workforce Development.
Bidders and contractors/subcontractors can search the current prevailing wage database via:
http://lwd.dol.state.nj.us/labor/wagehour/wagerate/pwr_construction.html or
http://lwd.dol.state.nj.us/labor/wagehour/wagerate/prevailing_wage_determinations.html.
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Applicable prevailing wage rates are those wages and fringe benefits in effect on the date the contract is awarded.
All pre-determined rate increases listed at the time the contract is awarded must also be paid, beginning on the dates
specified.
Rates may change between the time of issuance of the determination and the award of the public works contract.
Therefore, verification must be made to insure that the rates contained in the determination are prevailing rates in
effect for the specific location the work is being performed prior to the award of the public works contract. If a new
rate is not listed after the expiration date, the old rate will be deemed the prevailing wage rate.
Public Contracts Work - Public work means any construction, reconstruction, demolition, alteration or repair work,
or maintenance work including painting and decorating, done under contract and paid for in whole or in part out of
the funds of the public body, except work performed under a rehabilitation program. Public work also means
installation of equipment, construction, reconstruction, demolition, alteration, or repair work done on any property or
premises, whether or not the work is paid from public funds, if at the time of entering into the contract:
1. Not less than 55% of the property or premises is leased by a public body, or is subject to an agreement to be
subsequently leased by the public body; and
2. The portion of the property or premises that is leased or subject to an agreement to be subsequently leased
by the public body measures more than 20,000 square feet.
NRTL - Nationally Recognized Testing Laboratories- Info on marks found on electrical and mechanical products, to
certify that they meet OSHA safety standards. The NRTL determines that specific equipment and materials
("products") meet consensus-based standards of safety to provide the assurance, required by OSHA, that these
products are safe for use in the U.S. workplace: http://www.osha.gov/dts/otpca/nrtl.
Recycling - the series of activities, including collection, separation, and processing, by which products or other
materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of new
products other than fuel for producing heat or power by combustion.
Recyclability - The ability of a product or material to be recovered from, or otherwise diverted from, the solid waste
stream for the purpose of recycling.
Reduction in Toxicity Levels - Resulting from the purchasing and use of low toxicity products and alternatives to
products that contain mercury, lead, or other persistent bioaccumulative toxics (PBTs). Also includes the purchasing
and use of other products manufactured through environmentally sustainable methods.
Sample - Samples, when requested or inspected: The samples submitted must meet the specification requirements
set forth in the RFP and must be representative of the product bid. One or more units selected from the material or
process lot and represented as a specimen of quality that is representative of the product bid.
Site Energy - (Point of Use Energy) - The electric site energy measurement is kilowatt-hours (kWh) and the gas
measurements are therms or cubic feet. Site energy is used by consumers trying to reduce their bills by improving
energy efficiency. Site energy is denoted on appliance labels to encourage energy efficiency by consumers.
Site Inspection - Visit to the actual location where the contract is to be performed by potential bidders or offerors to
become familiar with site conditions. May be held in conjunction with a pre-bid or pre-proposal conference.
Source Energy - (Total Energy Cycle, Full Fuel Cycle, Embodied or Primary Energy) - Energy measured from its
source (the power plant for electricity or the wellhead for gas). To have kilowatt-hours of electricity converted to heat
(Btu) requires energy.
The amount of input energy needed to create a kWh of electricity can be greater than the amount of useful energy in
the kWh at its point of use (i.e. the end-user/home/facility). The commonly accepted conversion factor used to
convert electricity use to primary energy is 10,280 Btu/kWh. This factor represents the approximate average energy
input of the generation process for average (new and old) fossil-fuel utility plants in the US and is used by the Energy
Information Administration.
10
It takes approximately 3 units of fossil energy input at the power plant to produce 1 unit of energy to be used by the
customer. The reduction in energy output is due to losses in the generation, transmission and distribution process.
Electricity contains approx. 3140 BTU per Kilowatt hour (kWh).
UL - Underwriters Laboratories (http://www.ul.com). This symbol appears on millions of products, from consumer
electronics to commercial cooking equipment in a restaurant. UL certification means the product and its components
meet a set of safety and hazard standards that ensure the safety of the product’s users; equipment has met a set of
standards that ensure your equipment operates in a safe manner. This includes electrical, design, and structural
elements of restaurant equipment. UL conducts ongoing analysis of products to make sure they continue to meet
safety standards. UL also has a sanitation certification for equipment that is important to food safety that is denoted
by this label:
USEPA - United States Environmental Protection Agency. The EPA resources at the link below are designed to
assist procurement officials in environmentally smart purchasing decisions for commercial foodservice equipment
http://www.energystar.gov/index.cfm?c=bulk_purchasing.bus_purchasing#food.
Watts/Wattage - is the measure of the rate of electrical use at any moment. The difference between watts and watthours: Watts is the rate of use at this instant; Watt-hours is the total energy used over time. If your electronic device
lists amps instead of watts: multiply the amps times the voltage to get the watts (2.5 amps x 120 volts = 300
watts).
3.0 COMMODITY DESCRIPTION/SCOPE OF WORK
In accordance with Governor Jon S. Corzine’s Executive Order #11 (EO 11) enacted April 22, 2006 (per EO 11,
Section 3), the State seeks to purchase environmentally responsible products.
3.1 ENERGY STAR REQUIREMENTS
The dishwasher portion of this RFP (with the related price line) is a manufacturer/brand award. The vendor must
provide products that earn ENERGY STAR and meet the ENERGY STAR specifications for energy efficiency. The
vendor is encouraged to visit www.energystar.gov for complete product specifications and updated lists of qualifying
products. The ENERGY STAR label must also be affixed to each delivered dishwasher item.
Not all product categories sought within this RFP may be rated by ENERGY STAR. For those product categories
that are rated, only those qualifying products that have earned ENERGY STAR are permitted to be sold to the Using
Agencies. With respect to certain items, where other energy standards are available, they will be supplied and only
those products meeting those standards may be sold to the Using Agencies. However, product categories that are
not currently rated by ENERGY STAR or those products that are not subject to other standards that are included in
this RFP, can be sold to the Using Agencies.
3.2 CERTIFICATION
The bidder’s signature on the signature page certifies that items so indicated that have earned ENERGY STAR and
meet the ENERGY STAR specifications or other standards for energy efficiency will be supplied to Using Agencies, if
a contract is awarded to the bidder.
3.3 WAREWASHER/DISHWASHER
The Contractor shall provide a commercial dishwasher that earns the Energy Star® criteria and meets the Energy
Star® specifications for energy and water efficiency as outlined below.
Contributing toward the total consumption of water are: 1) the initial filling of the dishwasher with fresh water in all
tanks and 2) the use of fresh water for the final rinse while the dishwasher is operating. The final rinse liquid (water
or water plus sanitizing agent) used for the final rinse must be of "potable water quality" in microbiological terms.
11
The potable water is taken from the building water supply. It is desirable to provide an environmentally preferable
dishwasher with reduced consumption of fresh water, reduced amount of energy required to heat water, and a
reduced amount of rinse agent/chemical used.
The commercial dishwasher must meet the requirements provided in the table below to qualify as ENERGY STAR®.
Machines designed to be interchangeable from high temp to low temp, and vice versa, must be indicated as such
and must meet both the high temp and low temp requirements below to qualify as ENERGY STAR®.
A current list of qualified ENERGY STAR® commercial dishwasher machines with a complete list of efficiency
requirements
for
commercial
dishwashers
is
available
online
via:
http://www.energystar.gov/index.cfm?c=comm_dishwashers.pr_crit_comm_dishwashers.
3.3.1 QUALIFIED ENERGY STAR® RATED WASHING EQUIPMENT LIST
Qualifying commercial multiple tank dishwashers shall meet all ENERGY STAR® requirements in Version 2.0
ENERGY STAR® Program Requirements for Commercial Dishwashers as listed as part of the table below:
effective as of February 1, 2013.
Energy Efficiency Requirements for Commercial Dishwashers
Machine Type
High Temp Efficiency Requirements
Low Temp Efficiency Requirements
Idle Energy Rate*
Water Consumption**
Idle Energy Rate*
Water Consumption**
Single Tank Conveyor
≤ 1.50 kW
≤ 0.70 GPR
≤ 1.50 kW
≤ 0.79 GPR
Multiple Tank Conveyor
≤ 2.25 kW
≤ 0.54 GPR
≤ 2.00 kW
≤ 0.54 GPR
Single Tank Flight Type
Reported
GPH ≤ 2.975x + 55.00
Reported
GPH ≤ 2.975x + 55.00
Multiple Tank Flight Type
Reported
GPH ≤ 4.96x + 17.00
Reported
GPH ≤ 4.96x + 17.00
*Idle results should be measured with the door closed and represent the total idle energy consumed by the machine including all tank heater(s)
and controls. Booster heater (internal or external) energy consumption should not be part of this measurement unless it cannot be separately
monitored per the ENERGY STAR® Test Method.
**GPR = gallons per rack; GPSF = gallons per square foot of rack; GPH = gallons per hour; x = maximum conveyor speed (feet/min as verified
through NSF 3 certification) x conveyor belt width (feet).
Testing Procedures:
Water Consumption: NSF/ANSI 3-2007 Standard, Commercial Dishwashing Equipment
Idle Energy Rate for Hot Water and Chemical Sanitizing Multiple Tank Rack Dishwashers: ASTM Standard F1920, Standard Test
Method for Energy Performance of Rack Conveyor, Hot Water Sanitizing, Commercial Dishwashing Machines
3.4 WASHING EQUIPMENT
3.4.1 AVAILABLE CIRCUITRY
Electric: Panel – three phase, 208 Volt service, 50 AMP circuit.
3.4.2 EQUIPMENT FEATURES SOUGHT
Hobart CLPS86e OR AN APPROVED EQUIVALENT.
12
The dishwasher shall consist of stainless-steel construction including tanks, chambers, frame, legs, control box,
doors, pump motors and impellers, feet, drain piping, wash and rinse arms, vent hoods, strainers, and baskets.
Common utility connections, common water and drain connections, door interlocks on all doors, automatic
temperature control and positive low-water heater and pump seal protection, auto tank fill, jam protection, tank
heaters, and easily reachable tamper preventative controls. The equipment should include auto timer, vent fan and
booster heater controls, low temperature and delime alerts, and dirty water indicator.
The dishwasher shall be a fully or semi automatic rack type. Steam booster heater with 60° to 70° temperature rise
shall be required and included in the bidder’s proposal. The tanks and chamber shall be, at a minimum, constructed
of 16 gauge stainless steel. Curtains should be located between each section to aid in heat retention. All pumps
and impellers should be stainless steel and self draining, with easy to reach clean-outs. All motors should be
enclosed and fan cooled, with inherent overload protection.
The dishwasher must be suitable for use in a prison environment and should have a lockable control box, lockable
panel covers, security screws, hook mounted curtains, and lockable inspection doors.
The dishwasher equipment at the Bayside State Prison Farm currently, has a right to left direction of operation.
All Dishwashers and their respective options must have NSF certification, UL certification, and ENERGY STAR®
rating, as applicable.
The maximum available space (footprint) for the dishwasher at the BSPF will be determined at the mandatory site
visit.
3.4.3 SCOPE OF WORK
Receive, stage, and uncrate new dishwasher.
Deliver, set in place, and assemble the new dishwasher.
Supply and install new 18 gauge stainless steel vent duct, transitioning into existing duct work.
Make final venting, steam, condensate, water, and drain connections where applicable.
Start up, test, and train NJDOC staff on the proper, efficient operation and maintenance of the dishwasher.
Minimum 18 month warranty covering parts and labor.
NOTE: Bidders shall provide a complete set of dishmachine specifications, descriptive literature, and a list of
product highlights with the proposal.
NOTE: The bidder’s quote shall include all delivery and installation costs to produce a complete turnkey dishwasher
system.
3.4.4 TECHNOLOGY INTERFACE
The dishwasher proposed may include a hand-held computer interface that controls the start-up, timed cycle
selection and machine shut-down. This hand-held may also interface and control the internal booster-heater. In
addition, it may also report service diagnostics, machine programming or check individual operating components. If a
hand-held is available, it should have digital displays that can be programmed to notify users about low
temperatures, dirty water and excessive lime buildup.
3.4.5 ADD-ON/BUILDUP REQUEST FOR WARE WASHING EQUIPMENT
If not automatically supplied with the base equipment, the permissible and preferred add-on/buildup
equipment/options that are suitable to interface with the dishwasher at Bayside State Prison Farm, are listed below:
Additional equipment
Steam
Booster
built-in preferred.
REQUIRED
Configuration
Heater,
Notes
60°- 70° rise in temperature.
175 lbs. per hour
(5 BHP) provided by Please advise if a separate
electrical connection is required
BSPF.
and denote where it should be
located
13
Blow Dryer-steam option
Heat recovery system
Start/Stop Station, unload
Stainless Back panels
External Scrap bucket, with
hinged lid, pre-wash
Pressure reduction valve/
pressure regulator
Locking access doors with
hasps
Extended hood height
Circuit Breakers
Per foot length(s)
Where available
As necessary to the footprint and
facility specific requirements for its
operation
As noted above
As noted above
As noted above
Each assembly
As noted above
Per foot cost
Per
breaker
Amperage
& As noted above
As noted above
3.5 RESPONSIBILITIES
3.5.1 NJDOC
The NJDOC will be responsible for providing the required space, and shall provide the existing utilities and hook-up
capabilities prior to delivery of the equipment.
The NJDOC will also be responsible for obtaining any permits required for the equipment installation(s).
NOTE: The contractor will not be held responsible for the schedule impact of any delay that results from the
NJDOC’s inability to provide utilities or obtain required permits.
3.5.2 CONTRACTOR
Vendor certification: In the event a bid proposal is submitted by a dealer or distributor, a certificate executed by the
manufacturer, may be required, stating that the bidder is an authorized dealer/distributor and that compliance will be
made with all the requirements of this RFP.
The contractor shall be responsible for the delivery, uncrating, rigging into location, leveling and/or other applicable
physical installation of each piece of equipment. The contractor shall be responsible for assuring each piece of
equipment is fully operational and compliant with the manufacturer’s specifications and with all Federal, State and
local regulations and codes governing the use and safety of each piece of equipment.
The contractor is required to provide the staff to add or move electrical circuitry and/or relocate foodservice
equipment, tables or other work areas to make the dishwashing area an efficient and effective workspace for the
dishwashing/warewashing functions. The additional circuitry, welding and/or relocation etc. must be broken out and
included in the pricing for each equipment item. Due to this journeymen work, and the nature of this
installation, the contractor must have a Public Works Contractor Registration Certificate as explained in
Sections 2.2 and 3.11 of this RFP, and the contractor must comply with The New Jersey Prevailing Wage
Act (N.J.S.A. 34:11-56.25 et seq.). Additions to the existing utility connections and relocation of the existing
equipment must be presented on the required floor plan schematic/diagram in the submitted proposal. Applicable
prevailing wage rates are those wages and fringe benefits in effect on the date the contract is awarded.
Upon installation, the contractor shall verify the utility connections and demonstrate that each piece of equipment
and all controls are operational and are performing properly.
The conveyor dishwasher/warewasher with applicable add-ons shall be completely assembled, serviced, and ready
for use, when delivered to the NJDOC and installed. Any parts, controls, materials, or attachments, which are
standard and/or necessary to form an efficient and complete working unit, as determined by the NJDOC, shall be
furnished whether specifically mentioned herein or not.
14
The final inspection and acceptance of the unit shall be at the NJDOC.
For security reasons, the hours available for assembly and installation are restricted.
3.6 DELIVERY RESTRICTIONS & PACKAGING
1. The maximum delivery time (ARO) for the equipment shall not exceed 30 days, however, delivery and
installation within three weeks is preferred.
2. The NJDOC will not accept delivery in advance of the installation. The NJDOC will not be responsible for
storing the equipment sought in this RFP.
SPECIAL INSTRUCTIONS:
48-hour advanced notification is required prior to delivery.
Delivery contact information shall be provided on the Purchase Order issued.
3.6.1 EQUIPMENT PACKAGING, GENERAL
All bidders should provide packaging which minimizes or eliminates the use of disposable containers. Packaging
should be made from recycled content that contains a minimum of 25% by weight of post-consumer materials; and/or
meets or exceeds the minimum post consumer content level for packaging in the U.S. Environmental Protection
Agency Comprehensive Procurement Guidelines. Wherever possible, the contractor shall remove and recycle all
packing/packaging materials.
3.7 WARRANTY
A minimum eighteen (18) months warranty covering the installed equipment, hand held, controls and all parts, shall
be included in the bidder’s bid price.
A minimum eighteen (18) months warranty covering all labor shall be included in the bidder’s bid price.
The warranty/(ies) shall be effective on the date of acceptance of each piece of foodservice equipment by the
State. The bidder will provide detailed information on its standard warranty which exceeds the terms specified
above.
The warranty/(ies) shall be included with the purchase price of the equipment. Detailed copy/ (ies) of the(se)
warranty/(ies) should be provided in the bid submission or if it is not provided within the bid, it must be provided
within three (3) days of the State’s request for the(se) document(s).
3.8 TRAINING/LITERATURE/OPERATING MANUALS
3.8.1 TRAINING
Complete instructions on the operation and maintenance of the equipment, and any hand held or programmable
controls and a physical demonstration on the operation of the equipment shall be given by the contractor at no
additional cost. This demonstration shall be a formal training session of approximately two (2) hours and should be
arranged at the time of delivery of the pieces equipment. The training session is to be conducted at the NJDOC
delivery/installation location.
1. Three employees, designated by the NJDOC, shall be trained on the new equipment. Training costs, if
any, shall be included in the purchase price.
2. Training shall be scheduled in advance with the NJDOC; training is feasible Monday through Friday from
7:00 am to 2:00 pm (training must conclude by 2 pm).
15
3.8.2
LITERATURE
Complete descriptive literature including the warranty and warranty terms, product illustrations and
technical specification data on the equipment the bidder proposes shall be included with the bidder’s
proposal. The documentation shall include, but not be limited to, information on installation, utility requirements,
functionality, variable settings/speeds and safety features. The bidder must mark the descriptive literature included
with its bid proposal to reflect any deviations or substitutions. Failure to provide the may result in the bid proposal
being disqualified.
3.8.3 OPERATING/PARTS/MAINTENANCE MANUALS & KEYS
Two (2) complete sets of a) operating manuals, b) parts manuals and c) maintenance instructions must be provided
by the contractor with each piece of equipment at the time of delivery at no additional cost. The manuals must be
provided at no additional charge with the installed equipment.
For equipment that requires the use of keys, the State requires that three (3) keys for each piece of equipment shall
be included in the cost of the equipment. The three sets of keys shall be provided by the contractor with the installed
equipment.
3.9 BAYSIDE STATE PRISON FARM SPECIFIC DELIVERY INSTRUCTIONS
Acceptable delivery days: Monday through Friday, excluding State holidays
Receiving hours: 7:00 AM to 3:00 PM (call 24 hrs in advance for appointment)
A. 24 hour advanced notification is required prior to delivery.
B. Due to security concerns, bidders are advised that assembly and installation of the foodservice
dishwashing equipment sought herein this RFP shall be performed Monday-Friday, EXCLUSIVE OF
State holidays, from 7:00 AM to 3:00 PM.
3.10 PRICING
The bidder must submit its pricing on the SIGNED, Request for Proposal form.
4.0 Forms and DOCUMENTS REQUIRED before contract award
4.1 MACBRIDE PRINCIPLES CERTIFICATION
The bidder must certify pursuant to N.J.S.A. 52:34-12.2 that it is in compliance 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. Please refer to Section 2.5 of the State of NJ Standard Terms and Conditions and N.J.S.A. 52:34-12.2 for
additional information about the McBride principles.
4.2 OWNERSHIP DISCLOSURE FORM
Pursuant to N.J.S.A. 52:25-24.2, in the event the bidder is a corporation, partnership or sole proprietorship, the
bidder must complete the attached Ownership Disclosure Form. A current completed Ownership Disclosure Form
must be received prior to or accompany the proposal. Failure to submit the form will preclude the award of a
contract.
16
4.3 CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES IN IRAN
Pursuant to N.J.S.A. 52:32-58, the bidder must certify that neither the bidder, nor one 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 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.
4.4 DISCLOSURE OF INVESTIGATIONS AND ACTIONS INVOLVING BIDDER
The bidder shall 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. The bidder shall use the Disclosure of
Investigations and Actions Involving Bidder form for this purpose.
4.5 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 Treasury, Division of Revenue prior to the award of a
contract. To facilitate the proposal evaluation and contract award process, the bidder should submit a copy of its
valid BRC and those of any named subcontractors with its proposal. Refer to Section 2.1 of the State of NJ Standard
Terms and Conditions.
Any bidder, inclusive of any named subcontractors, who does not have a valid business registration at the time of the
proposal submission opening or whose BRC was revoked prior to the submission of the proposal should proceed
immediately to register its business or seek re-instatement of a revoked BRC. Bidders are cautioned that it may
require a significant amount of time to secure the re-instatement of a revoked BRC. The process can require actions
by both the Division of Revenue and the Division of Taxation. For this reason, a bidder’s early attention to this
requirement is highly recommended. The bidder and its named subcontractors may register with the Division of
Revenue, obtain a copy of an existing BRC or obtain information necessary to seek re-instatement of a revoked BRC
online at http://www.state.nj.us/treasury/revenue/busregcert.shtml.
A bidder otherwise identified by the Division as a responsive and responsible bidder, inclusive of any named
subcontractors, but that was not business registered at the time of submission of its proposal must be so registered
and in possession of a valid BRC by a deadline to be specified in writing by the Division. A bidder who fails to
comply with this requirement by the deadline specified by the Division will be deemed ineligible for contract award.
Under any circumstance, the Division will rely upon information available from computerized systems maintained by
the State as a basis to verify independently compliance with the requirement for business registration.
A bidder receiving a contract award as a result of this procurement and any subcontractors named by that bidder will
be required to maintain a valid business registration with the Division of Revenue for the duration of the executed
contract, inclusive of any contract extensions.
4.6 PUBLIC WORKS CONTRACTOR REGISTRATION
Anyone interested in bidding on or engaging in any contract (or part thereof) for public work which is subject to the
provisions of the Prevailing Wage Act must register with the Division of Wage and Hour Compliance as required by
the Public Works Contractor Registration Act (PWCRA) P.L. 1999, c.238-N.J.S.A. 34:11-56.48 et seq. which
establishes a unified procedure for the registration of contractors and subcontractors engaged in public works
building projects. The PWCRA requires an annual registration fee of $300. After successful completion of two
consecutive years of registration, a contractor may elect to register for a two year period and pay a registration fee
of $500.
Upon registration, the contractor and/or subcontractor will be issued a certificate indicating compliance with the
requirements of the Act. Public bodies are expected to require proof of registration of all contractors bidding on the
project and all subcontractors identified in such bids.
17
All bidders, their dealers and their subcontractors must register for the Public Works Contractor Certificate. All
bidders, their dealers and subcontractors should provide proof of this registration with their bid submission.
4.7 PUBLIC WORKS CONTRACTORS REGISTRATION ACT
At the time of contract award, the bidder and the subcontractors must be registered in accordance with “The Public
Works Contactor Registration Act (PWCRA) N.J.S.A. 34:11-56.48 et seq.) This registration is required for the
various trade categories required to do the work prescribed herein this RFP.
Questions regarding the Public Works Contactor Registration should be addressed to:
Contractor Registration
NJ Department of Labor & Workforce Development
Division of Wage and Hour Compliance
PO Box 369, Trenton, NJ 08625-0389
Ph: 609-292-9464
Fax: 609-633-8591
Additional information regarding the Public Works Contactor
http://lwd.dol.state.nj.us/labor/wagehour/regperm/pw_cont_reg.html.
Registration
is
available
4.8 PUBLIC WORKS CONTRACT-ADDITIONAL AFFIRMATIVE ACTION REQUIREMENT
N.J.S.A. 10:5-33 requires that:
During the performance of this contract, the contractor agrees as follows:
a) The contractor or subcontractor, where applicable, will not discriminate against any
employee or applicant for employment because of age, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression,
disability, nationality or sex. Except with respect to affectional or sexual orientation and
gender identity or expression, the contractor will take affirmative action to ensure that such
applicants are recruited and employed, and that employees are treated during employment,
without regard to their age, race, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions of
this nondiscrimination clause;
b) The contractor or subcontractor, where applicable will, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, state that all qualified
applicants will receive consideration for employment without regard to age, race, creed,
color, national origin, ancestry, marital status, affectional or sexual orientation, gender
identity or expression, disability, nationality or sex;
c) The contractor or subcontractor where applicable, will send to each labor union or
representative of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency contracting officer,
advising the labor union or workers' representative of the contractor's commitments under
this act and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
18
via
4.9 REQUIREMENTS OF PUBLIC LAW 2005, CHAPTER 51, N.J.S.A. 19:44A-20.13 - N.J.S.A. 19:44A-20.25 (FORMERLY
EXECUTIVE ORDER NO. 134) AND EXECUTIVE ORDER NO. 117 (2008)
a) The State shall not enter into a contract to procure from any Business Entity services or any material, supplies or
equipment, or to acquire, sell or lease any land or building, where the value of the transaction exceeds $17,500, if
that Business Entity has solicited or made any contribution of money, or pledge of contribution, including in-kind
contributions, to a candidate committee and/or election fund of any candidate for or holder of the public office of
Governor or Lieutenant Governor, to any State, county, municipal political party committee, or to any legislative
leadership committee during certain specified time periods
b) Prior to awarding any contract or agreement to any Business Entity, the Business Entity proposed as the
intended awardee of the contract shall submit the Certification and Disclosure form, certifying that no contributions
prohibited by either Chapter 51 or Executive Order No. 117 have been made by the Business Entity and reporting
all contributions the Business Entity made during the preceding four years to any political organization organized
under 26 U.S.C.527 of the Internal Revenue Code that also meets the definition of a “continuing political committee”
within the means of N.J.S.A. 19:44A-3(n) and N.J.A.C. 19:25-1.7. The required form and instructions, available for
review on the Division’s website at http://www.state.nj.us/treasury/purchase/forms.shtml#eo134, shall be provided
to the intended awardee for completion and submission to the Division with the Notice of Intent to Award. Upon
receipt of a Notice of Intent to Award a Contract, the intended awardee shall submit to the Division, in care of the
Division Procurement Specialist, the Certification and Disclosure(s) within five (5) business days of the State’s
request. Failure to submit the required forms will preclude award of a contract under this RFP, as well as future
contract opportunities.
c) Further, the Contractor is required, on a continuing basis, to report any contributions it makes during the term of
the contract, and any extension(s) thereof, at the time any such contribution is made. The required form and
instructions,
available
for
review
on
the
Division’s
website
at
http://www.state.nj.us/treasury/purchase/forms.shtml#eo134, shall be provided to the intended awardee with the
Notice of Intent to Award.
4.10 AFFIRMATIVE ACTION
The intended awardee 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. Intended awardee(s) not in possession of either a New Jersey Certificate of Employee Information Report
or a Federal Letter of Approval must complete the Affirmative Action Employee Information Report (AA-302) located
on the web at http://www.nj.gov/treasury/purchase/forms/AA_%20Supplement.pdf.
4.11 NEW JERSEY BUSINESS ETHICS GUIDE CERTIFICATION
The Treasurer has established a business ethics guide to be followed by State contractors in their dealings with the
State. The guide provides further information about compliance with Section 2.8 of the State of New Jersey
Standard Terms and Conditions. The guide can be found at:
http://www.state.nj.us/treasury/purchase/ethics_guide.shtml
BY SIGNING THE REQUEST FOR PROPOSAL PAGE, the bidder is automatically certifying that it has read the
guide, understands its provisions and is in compliance with its provisions.
4.12 NON-COLLUSION
BY SIGNING THE REQUEST FOR PROPOSAL PAGE, the bidder certifies as follows:
a. The price(s) and amount of its proposal have been arrived at independently and without consultation,
communication or agreement with any other contractor, bidder or potential bidder.
19
b. Neither the price(s) nor the amount of its proposal, and neither the approximate price(s) nor approximate
amount of this proposal, have been disclosed to any other firm or person who is a bidder or potential
bidder, and they will not be disclosed before proposal submission.
c. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this
contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or
noncompetitive proposal or other form of complementary proposal.
d. The proposal of the firm is made in good faith and not pursuant to any agreement or discussion with, or
inducement from, any firm or person to submit a complementary or other noncompetitive proposal.
e. The bidder, its affiliates, subsidiaries, officers, directors, and employees are not currently under
investigation by any governmental agency and have not in the last four (4) years been convicted or found
liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion
with respect to bidding on any public contract.
5.0 STATE OF NEW JERSEY STANDARD TERMS AND CONDITIONS
Rev: 10/21/2011 ST&C
1. STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTRACT- Unless the bidder/offeror is specifically instructed
otherwise in the Request for Proposals (RFP), the following terms and conditions shall apply to all contracts or purchase agreements made
with the State of New Jersey. These terms are in addition to the terms and conditions set forth in the RFP and should be read in conjunction
with same unless the RFP specifically indicates otherwise. In the event that the bidder/offeror would like to present terms and conditions that
are in conflict with either these terms and conditions or those set forth in the RFP, the bidder/offeror must present those conflicts during the
Question and Answer period for the State to consider. Any conflicting terms and conditions that the State is willing to accept will be reflected in
an addendum to the RFP. The State's terms and conditions shall prevail over any conflicts set forth in a bidder/offeror's proposal that were not
submitted through the question and answer process and approved by the State. Nothing in these terms and conditions shall prohibit the
Director of the Division of Purchase and Property (Director) from amending a contract when the Director determines it is in the best interests of
the State.
2. STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS - The statutes, laws or codes cited herein are available
for review at the New Jersey State Library, 185 West State Street, Trenton, New Jersey 08625.
2.1 BUSINESS REGISTRATION – Pursuant to N.J.S.A. 52:32-44, the State is prohibited from entering into a contract with an entity unless the
bidder and each subcontractor named in the proposal have a valid Business Registration Certificate on file with the Division of Revenue.
The contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall, during the
term of the contract, 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, P.L. 1966, c. 30 (http://www.state.nj.us/treasury/revenue/busregcert.shtml. N.J.S.A. 54:32B-1 et seq.) on all their
sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Revenue at (609)
292-1730. Form NJ-REG can be filed online at
2.2 ANTI-DISCRIMINATION - All parties to any contract with the State agree not to discriminate in employment and agree to abide by all antidiscrimination laws including those contained within N.J.S.A. 10:2-1 through N.J.S.A. 10:2-4, N.J.S.A. l0:5-1 et seq. and N.J.S.A. l0:5-31
through 10:5-38, and all rules and regulations issued thereunder are hereby incorporated by reference.
2.3 PREVAILING WAGE ACT - The New Jersey Prevailing Wage Act, N.J.S.A. 34: 11-56.26 et seq. is hereby made part of every contract
entered into on behalf of the State of New Jersey through the Division of Purchase and Property, except those contracts which are not within
the contemplation of the Act. The bidder's signature on [this proposal] is his guarantee that neither he nor any subcontractors he might employ
to perform the work covered by [this proposal] has been suspended or debarred by the Commissioner, Department of Labor for violation of the
provisions of the Prevailing Wage Act and/or the Public Works Contractor Registration Acts; the bidder’s signature on the proposal is also his
guarantee that he and any subcontractors he might employ to perform the work covered by [this proposal] shall comply with the provisions of
the Prevailing Wage and Public Works Contractor Registration Acts, where required.
2.4 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. 12101, et seq.
2.5 MACBRIDE PRINCIPLES – The bidder must certify pursuant to N.J.S.A. 52:34-12.2 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.
2.6 PAY TO PLAY PROHIBITIONS – Pursuant to N.J.S.A. 19:44A-20.13 et seq (L.2005, c. 51), and specifically, N.J.S.A. 19:44A-20.21, it
shall be a breach of the terms of the contract for the business entity to:
a. make or solicit a contribution in violation of the statute;
b. knowingly conceal or misrepresent a contribution given or received;
c. make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;
d. make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee or any candidate
of holder of the public office of Governor, or to any State or county party committee;
e. engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any
contribution, which if made or solicited by the business entity itself, would subject that entity to the restrictions of the Legislation;
f. fund contributions made by third parties, including consultants, attorneys, family members, and employees;
g. engage in any exchange of contributions to circumvent the intent of the Legislation; or
h. directly or indirectly through or by any other person or means, do any act which would subject that entity to the restrictions of the Legislation.
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2.7 http://www.elec.state.nj.us/ . POLITICAL CONTRIBUTION DISCLOSURE – The contractor is advised of its responsibility to file an annual
disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission (ELEC), pursuant to
N.J.S.A.19:44A-20.27 (L. 2005, c. 271, §3 as amended) if in a calendar year the contractor receives one or more contracts valued at
$50,000.00 or more. It is the contractor’s responsibility to determine if filing is necessary. Failure to file can result in the imposition of penalties
by ELEC. Additional information about this requirement is available from ELEC by calling 1(888) 313-3532 or on the internet at
2.8 STANDARDS PROHIBITING CONFLICTS OF INTEREST - The following prohibitions on contractor activities shall apply to all contracts or
purchase agreements made with the State of New Jersey, pursuant to Executive Order No. 189 (1988).
a. No vendor shall pay, offer to pay, or agree to pay, either directly or indirectly, any fee, commission, compensation, gift, gratuity, or other
thing of value of any kind to any State officer or employee or special State officer or employee, as defined by N.J.S.A. 52:13D-13b. and e., in
the Department of the Treasury or any other agency with which such vendor transacts or offers or proposes to transact business, or to any
member of the immediate family, as defined by N.J.S.A. 52:13D-13i., of any such officer or employee, or partnership, firm or corporation with
which they are employed or associated, or in which such officer or employee has an interest within the meaning of N.J.S.A. 52: 13D-13g.
b. The solicitation of any fee, commission, compensation, gift, gratuity or other thing of value by any State officer or employee or special State
officer or employee from any State vendor shall be reported in writing forthwith by the vendor to the Attorney General and the Executive
Commission on Ethical Standards.
c. No vendor may, directly or indirectly, undertake any private business, commercial or entrepreneurial relationship with, whether or not
pursuant to employment, contract or other agreement, express or implied, or sell any interest in such vendor to, any State officer or employee
or special State officer or employee having any duties or responsibilities in connection with the purchase, acquisition or sale of any property or
services by or to any State agency or any instrumentality thereof, or with any person, firm or entity with which he is employed or associated or
in which he has an interest within the meaning of N.J.S.A. 52: 130-13g. Any relationships subject to this provision shall be reported in writing
forthwith to the Executive Commission on Ethical Standards, which may grant a waiver of this restriction upon application of the State officer or
employee or special State officer or employee upon a finding that the present or proposed relationship does not present the potential, actuality
or appearance of a conflict of interest.
d. No vendor shall influence, or attempt to influence or cause to be influenced, any State officer or employee or special State officer or
employee in his official capacity in any manner which might tend to impair the objectivity or independence of judgment of said officer or
employee.
e. No vendor shall cause or influence, or attempt to cause or influence, any State officer or employee or special State officer or employee to
use, or attempt to use, his official position to secure unwarranted privileges or advantages for the vendor or any other person.
f. The provisions cited above in paragraphs 2.8a through 2.8e shall not be construed to prohibit a State officer or employee or Special State
officer or employee from receiving gifts from or contracting with vendors under the same terms and conditions as are offered or made available
to members of the general public subject to any guidelines the Executive Commission on Ethical Standards may promulgate under paragraph
3c of Executive Order No. 189.
2.9 NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE - Pursuant to L 1995, c. 159, effective January 1, 1996, and
notwithstanding any provision of the law to the contrary, whenever any taxpayer, partnership or S corporation under contract to provide goods
or services or construction projects to the State of New Jersey or its agencies or instrumentalities, including the legislative and judicial
branches of State government, is entitled to payment for those goods or services at the same time a taxpayer, partner or shareholder of that
entity is indebted for any State tax, the Director of the Division of Taxation shall seek to set off that taxpayer’s or shareholder’s share of the
payment due the taxpayer, partnership, or S corporation. The amount set off shall not allow for the deduction of any expenses or other
deductions which might be attributable to the taxpayer, partner or shareholder subject to set-off under this act.
The Director of the Division of Taxation shall give notice to the set-off to the taxpayer and provide an opportunity for a hearing within thirty (30)
days of such notice under the procedures for protests established under R.S. 54:49-18. No requests for conference, protest, or subsequent
appeal to the Tax Court from any protest under this section shall stay the collection of the indebtedness. Interest that may be payable by the
State, pursuant to P.L. 1987, c.184 (c.52:32-32 et seq.), to the taxpayer shall be stayed.
2.10 COMPLIANCE - LAWS - The contractor must comply with all local, State and Federal laws, rules and regulations applicable to this
contract and to the goods delivered and/or services performed hereunder.
2.11 COMPLIANCE - STATE LAWS - It is agreed and understood that any contracts and/or orders placed as a result of [this proposal] shall
be governed and construed and the rights and obligations of the parties hereto shall be determined in accordance with the laws of the STATE
OF NEW JERSEY.
3. STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET FORTH IN
LAW OR BASED ON THE TYPE OF CONTRACT
3.1 COMPLIANCE - CODES – The contractor must comply with NJUCC and the latest NEC70, B.O.C.A. Basic Building code, OSHA and all
applicable codes for this requirement. The contractor shall be responsible for securing and paying all necessary permits, where applicable.
3.2 PUBLIC WORKS CONTRACTOR REGISTRATION ACT - The New Jersey Public Works Contractor Registration Act requires all
contractors, subcontractors and lower tier subcontractor(s) who engage in any contract for public work as defined in N.J.S.A. 34:11-56.26 be
first registered with the New Jersey Department of Labor and Workforce Development. Any questions regarding the registration process should
be directed to the Division of Wage and Hour Compliance at (609) 292-9464.
3.3 PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS N.J.S.A. 10:5-33 and N.J.A.C. 17:27-3.5 require that during the performance of this contract, the contractor must agree as follows:
a) The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age,
race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality
or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to
ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race,
creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or
sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause;
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b) The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex;
c) The contractor or subcontractor where applicable, will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or
workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.N.J.A.C. 17:27-3.7 requires all contractors and subcontractors, if any, to further agree as follows;
1. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with
N.J.A.C. 17:27-5.2.
2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment
agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color,
national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it
will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
3. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms
with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by
applicable Federal law and applicable Federal court decisions.
4. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer,
upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry,
marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court
decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
3.4 BUILDING SERVICE – Pursuant to N.J.S.A. 34:11-56.58 et seq., in any contract for building services, as defined in N.J.S.A. 34:11-56.59,
the employees of the contractor or subcontractors shall be paid prevailing wage for building services rates, as defined in N.J.S.A. 34:11.56.59.
The prevailing wage shall be adjusted annually during the term of the contract.
3.5 THE WORKER AND COMMUNITY RIGHT TO KNOW ACT - The provisions of N.J.S.A. 34:5A-l et seq. which require the labeling of all
containers of hazardous substances are applicable to this contract. Therefore, all goods offered for purchase to the State must be labeled by
the contractor in compliance with the provisions of the statute.
3.6 SERVICE PERFORMANCE WITHIN U.S. – Under N.J.S.A. 52:34-13.2, all contracts primarily for services awarded by the Director shall be
performed within the United States, except when the Director certifies in writing a finding that a required service cannot be provided by a
contractor or subcontractor within the United States and the certification is approved by the State Treasurer.
A shift to performance of services outside the United States during the term of the contract shall be deemed a breach of contract. If, during the
term of the contract, the contractor or subcontractor, proceeds to shift the performance of any of the services outside the United States, the
contractor shall be deemed to be in breach of its contract, which contract shall be subject to termination for cause pursuant to Section 5.7(b)(1)
of the Standard Terms and Conditions, unless previously approved by the Director and the Treasurer.
3.7 BUY AMERICAN – Pursuant to N.J.S.A. 52:32-1, if manufactured items or farm products will be provided under this contract to be used in
a public work, they shall be manufactured or produced in the United States and the contractor shall be required to so certify.
4. INDEMNIFICATION AND INSURANCE
4.1 INDEMNIFICATION - The contractor’s liability to the State and its employees in third party suits shall be as follows:
(a) Indemnification for Third Party Claims - The contractor shall assume all risk of and responsibility for, and agrees to indemnify, defend, and
save harmless the State of New Jersey and its employees from and against any and all claims, demands, suits, actions, recoveries, judgments
and costs and expenses in connection therewith which shall arise from or result directly or indirectly from the work and/or materials supplied
under this contract, including 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 this contract.
(b) The contractor’s indemnification and liability under subsection (a) is not limited by, but is in addition to the insurance obligations contained
in Section 4.2 of these Terms and Conditions.
(c) In the event of a patent and copyright claim or suit, the contractor, at its option, may: (1) procure for the State of New Jersey the legal right
to continue the use of the product; (2) replace or modify the product to provide a non-infringing product that is the functional equivalent; or (3)
refund the purchase price less a reasonable allowance for use that is agreed to by both parties.
4.2 INSURANCE - The contractor shall secure and maintain in force for the term of the contract insurance as provided herein. All required
insurance shall be provided by insurance companies with an A- VIII or better rating by A.M. Best & Company. The contractor shall provide the
State with current certificates of insurance for all coverages and renewals thereof, and the certificates shall reflect that the insurance policies
shall not be canceled for any reason except after sixty (60) days written notice to the State. Certificates of renewals shall be provided within
thirty (30) days of the expiration of the insurance. The contractor shall not begin to provide services or goods to the State until evidence of the
required insurance is provided. The certificates of insurance shall indicate the contract number or purchase order number and title of the
contract in the Description of Operations box and shall list the State of New Jersey, Department of the Treasury, Division of Purchase &
Property, Contract Compliance & Audit Unit, PO Box 236, Trenton, New Jersey 08625 in the Certificate Holder box. The certificates and any
notice of cancelation shall be emailed to the State at:
[email protected]
The insurance to be provided by the contractor shall be as follows:
a. Occurrence Form Comprehensive General Liability Insurance or its equivalent: The minimum limit of liability shall be $1,000,000 per
occurrence as a combined single limit for bodily injury and property damage. The above required Comprehensive General Liability Insurance
policy or its equivalent shall name the State, its officers, and employees as “Additional Insureds” and include the blanket additional insured
endorsement or its equivalent. The coverage to be provided under these policies shall be at least as broad as that provided by the standard
basic, unamended, and unendorsed Comprehensive General Liability Insurance occurrence coverage forms or its equivalent currently in use in
the State of New Jersey, which shall not be circumscribed by any endorsement limiting the breadth of coverage.
b. Automobile Liability Insurance which shall be written to cover any automobile used by the insured. Limits of liability for bodily injury and
property damage shall not be less than $1 million per occurrence as a combined single limit. The State must be named as an “Additional
Insured” and a blanket additional insured endorsement or its equivalent must be provided when the services being procured involve vehicle
use on the State’s behalf or on State controlled property.
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c. Worker’s Compensation Insurance applicable to the laws of the State of New Jersey and Employers Liability Insurance with limits not less
than:
$1,000,000 BODILY INJURY, EACH OCCURRENCE
$1,000,000 DISEASE EACH EMPLOYEE
$1,000,000 DISEASE AGGREGATE LIMIT
d. This $1 million amount may have been raised by the RFP when deemed necessary by the Director.
e. In the case of a contract entered into pursuant to N.J.S.A. 52:32-17, et.seq., (small business set asides) the minimum amount
of insurance coverage in subsections a., b., and c. above may have been lowered in the RFP for certain commodities when
deemed in the best interests of the State by the Director.
5. TERMS GOVERNING ALL CONTRACTS
5.1 CONTRACTOR IS INDEPENDENT CONTRACTOR – The contractor's status shall be that of any independent contractor and not as an
employee of the State.
5.2 CONTRACT AMOUNT - The estimated amount of the contract(s), when stated on the RFP form, shall not be construed as either the
maximum or minimum amount which the State shall be obliged to order as the result of the RFP or any contract entered into as a result of the
RFP.
5.3 CONTRACT TERM AND EXTENSION OPTION - If, in the opinion of the Director, it is in the best interest of the State to extend a contract,
the contractor shall be so notified of the Director’s Intent at least thirty (30) days prior to the expiration date of the existing contract. The
contractor shall have fifteen (15) calendar days to respond to the Director's request to extend the term and period of performance of the
contract. If the contractor agrees to the extension, all terms and conditions including pricing of the original contract shall apply unless more
favorable terms for the State have been negotiated.
5.4 STATE’S OPTION TO REDUCE SCOPE OF WORK – The State has the option, in its sole discretion, to reduce the scope of work for any
deliverable, task or subtask called for under this contract. In such an event, the Director shall provide to the contractor advance written notice
of the change in scope of work and what the Director believes should be the corresponding adjusted contract price. Within five (5) business
days of receipt of such written notice, if either is applicable:
(a) If the contractor does not agree with the Director’s proposed adjusted contract price, the contractor shall submit to the Director any
additional information that the contractor believes impacts the adjusted contract price with a request that the Director reconsider the proposed
adjusted contract price. The parties shall negotiate the adjusted contract price. If the parties are unable to agree on an adjusted contract price,
the Director shall make a prompt decision taking all such information into account, and shall notify the contractor of the final adjusted contract
price.
(b) If the contractor has undertaken any work effort toward a deliverable, task or subtask that is being changed or eliminated such that it would
not be compensated under the adjusted contract, the contractor shall be compensated for such work effort according to the applicable portions
of its price schedule and the contractor shall submit to the Director an itemization of the work effort already completed by deliverable, task or
subtask within the scope of work, and any additional information the Director may request. The Director shall make a prompt decision taking all
such information into account, and shall notify the contractor of the compensation to be paid for such work effort.
5.5 CHANGE IN LAW– Whenever a change in applicable law or regulation affects the scope of work, the Director shall provide written notice
to the contractor of the change and the Director’s determination as to the corresponding adjusted change in the scope of work and
corresponding adjusted contract price. Within five (5) business days of receipt of such written notice, if either is applicable:
(a) If the contractor does not agree with the adjusted contract price, the contractor shall submit to the Director any additional information that
the contractor believes impacts the adjusted contract price with a request that the Director reconsider the adjusted contract price. The Director
shall make a prompt decision taking all such information into account, and shall notify the contractor of the final adjusted contract price.
(b) If the contractor has undertaken any work effort toward a deliverable, task or subtask that is being changed or eliminated such that it would
not be compensated under the adjusted contract, the contractor shall be compensated for such work effort according to the applicable portions
of its price schedule and the contractor shall submit to the Director an itemization of the work effort already completed by deliverable, task or
subtask within the scope of work, and any additional information the Director may request. The Director shall make a prompt decision taking all
such information into account, and shall notify the contractor of the compensation to be paid for such work effort.
5.6 SUSPENSION OF WORK - The State may, for valid reason, issue a stop order directing the contractor to suspend work under the contract
for a specific time. The contractor shall be paid for goods ordered, goods delivered, or services requested and performed until the effective
date of the stop order. The contractor shall resume work upon the date specified in the stop order, or upon such other date as the State
Contract Manager may thereafter direct in writing. The period of suspension shall be deemed added to the contractor's approved schedule of
performance. The Director shall make an equitable adjustment, if any is required, to the contract price. The contractor shall provide whatever
information that Director may require related to the equitable adjustment.
5.7 TERMINATION OF CONTRACT
a. For Convenience
Notwithstanding any provision or language in this contract to the contrary, the Director may terminate this contract at any time, in whole or in
part, for the convenience of the State, upon no less than thirty (30) days written notice to the contractor.
b. For Cause 1. Where a contractor fails to perform or comply with a contract or a portion thereof, and/or fails to comply with the complaints
procedure in N.J.A.C. 17: 12-4.2 et seq., the Director may terminate the contract, in whole or in part, upon ten (10) days notice to the
contractor with an opportunity to respond.
2. Where in the reasonable opinion of the Director, a contractor continues to perform a contract poorly as demonstrated by e.g., formal
complaints, late delivery, poor performance of service, short-shipping, so that the Director is required to use the complaints procedure in
N.J.A.C. 17:12-4.2 et seq., and there has been a failure on the part of the contractor to make progress towards ameliorating the issue(s) or
problem(s) set forth in the complaint, the Director may terminate the contract, in whole or in part, upon ten (10) days notice to the contractor
with an opportunity to respond.
c. In cases of emergency the Director may shorten the time periods of notification and may dispense with an opportunity to respond.
d. In the event of termination under this section, the contractor shall be compensated for work performed in accordance with the contract, up to
the date of termination. Such compensation may be subject to adjustments.
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5.8 SUBCONTRACTING OR ASSIGNMENT –
a. Subcontracting : The contractor may not subcontract other than as identified in the contractor’s proposal without the prior written consent of
the Director. Such consent, if granted in part, shall not relieve the contractor of any of his responsibilities under the contract, nor shall it create
privity of contract between the State and any subcontractor. If the contractor uses a subcontractor to fulfill any of its obligations, the contractor
shall be responsible for the subcontractor’s: (a) performance; (b) compliance with all of the terms and conditions of the contract; and (c)
compliance with the requirements of all applicable laws.
b. Assignment: The contractor may not assign its responsibilities under the contract, in whole or in part, without the prior written consent of the
Director.
5.9 NO CONTRACTUAL RELATIONSHIP BETWEEN SUBCONTRACTORS AND STATE - Nothing contained in any of the contract
documents, including the RFP and vendor’s bid or proposal shall be construed as creating any contractual relationship between any
subcontractor and the State.
5.10 MERGERS, ACQUISITIONS - If, during the term of this contract, the contractor shall merge with or be acquired by another firm, the
contractor shall give notice to the Director as soon as practicable and in no event longer than thirty (30) days after said merger or acquisition.
The contractor shall provide such documents as may be requested by the Director, which may include but need not be limited to the following:
corporate resolutions prepared by the awarded contractor and new entity ratifying acceptance of the original contract, terms, conditions and
prices; updated information including ownership disclosure and Federal Employer Identification Number. The documents must be submitted
within thirty (30) days of the request. Failure to do so may result in termination of the contract for cause.
If, at any time during the term of the contract, the contractor's partnership, limited liability company, limited liability partnership, professional
corporation, or corporation shall dissolve, the Director must be so notified. All responsible parties of the dissolved business entity must submit
to the Director in writing, the names of the parties proposed to perform the contract, and the names of the parties to whom payment should be
made. No payment shall be made until all parties to the dissolved business entity submit the required documents to the Director.
5.11 PERFORMANCE GUARANTEE OF CONTRACTOR - The contractor hereby certifies that:
a. The equipment offered is standard new equipment, and is the manufacturer's latest model in production, with parts regularly used for the
type of equipment offered; that such parts are all in production and not likely to be discontinued; and that no attachment or part has been
substituted or applied contrary to manufacturer's recommendations and standard practice.
b. All equipment supplied to the State and operated by electrical current is UL listed where applicable.
c. All new machines are to be guaranteed as fully operational for the period stated in the contract from time of written acceptance by the State.
The contractor shall render prompt service without charge, regardless of geographic location.
d. Sufficient quantities of parts necessary for proper service to equipment shall be maintained at distribution points and service headquarters.
e. Trained mechanics are regularly employed to make necessary repairs to equipment in the territory from which the service request might
emanate within a 48-hour period or within the time accepted as industry practice.
f. During the warranty period the contractor shall replace immediately any material which is rejected for failure to meet the requirements of the
contract.
g. All services rendered to the State shall be performed in strict and full accordance with the specifications stated in the contract. The contract
shall not be considered complete until final approval by the State's using agency is rendered.
5.12 DELIVERY REQUIREMENTSa. Deliveries shall be made at such time and in such quantities as ordered in strict accordance with conditions contained in the contract.
b. The contractor shall be responsible for the delivery of material in first class condition to the State's using agency or the purchaser under this
contract and in accordance with good commercial practice.
c. Items delivered must be strictly in accordance with the contract.
d. In the event delivery of goods or services is not made within the number of days stipulated or under the schedule defined in the contract, the
using agency shall be authorized to obtain the material or service from any available source, the difference in price, if any, to be paid by the
contractor.
5.13 APPLICABLE LAW AND JURISDICTION - This contract and any and all litigation arising therefrom or related thereto shall be governed
by the applicable laws, regulations and rules of evidence of the State of New Jersey without reference to conflict of laws principles and shall be
filed in the appropriate Division of the New Jersey Superior Court.
5.14. CONTRACT AMENDMENT – Except as provided herein, the contract may only be amended by written agreement of the State and the
contractor.
5.15 MAINTENANCE OF RECORDS - The contractor shall maintain records for products and/or services delivered against the contract for a
period of five (5) years from the date of final payment unless otherwise specified in the RFP. Such records shall be made available to the
State, including the Comptroller, for audit and review.
5.16 ASSIGNMENT OF ANTITRUST CLAIM(S) - The contractor recognizes that in actual economic practice, overcharges resulting from
antitrust violations are in fact usually borne by the ultimate purchaser. Therefore, and as consideration for executing this contract, the
contractor, acting herein by and through its duly authorized agent, hereby conveys, sells, assigns, and transfers to the State of New Jersey, for
itself and on behalf of its political subdivisions and public agencies, all right, title and interest to all claims and causes of action it may now or
hereafter acquire under the antitrust laws of the United States or the State of New Jersey, relating to the particular goods and services
purchased or acquired by the State of New Jersey or any of its political subdivisions or public agencies pursuant to this contract.
In connection with this assignment, the following are the express obligations of the contractor:
a. It shall take no action that will in any way diminish the value of the rights conveyed or assigned hereunder.
b. It shall advise the Attorney General of New Jersey:
1. in advance of its intention to commence any action on its own behalf regarding any such claim or cause(s) of action;
2. immediately upon becoming aware of the fact that an action has been commenced on its behalf by some other person(s) of the pendency of
such action.
c. It shall notify the defendants in any antitrust suit of the within assignment at the earliest practicable opportunity after the contractor has
initiated an action on its own behalf or becomes aware that such an action has been filed on its behalf by another person. A copy of such
notice shall be sent to the Attorney General of New Jersey.
d. It is understood and agreed that in the event any payment under any such claim or cause of action is made to the contractor, it shall
promptly pay over to the State of New Jersey the allotted share thereof, if any, assigned to the State hereunder.
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6. TERMS RELATING TO PRICE AND PAYMENT
6.1 PRICE FLUCTUATION DURING CONTRACT - Unless otherwise agreed to in writing by the State, all prices quoted shall be firm through
issuance of contract or purchase order and shall not be subject to increase during the period of the contract.
In the event of a manufacturer's or contractor's price decrease during the contract period, the State shall receive the full benefit of such price
reduction on any undelivered purchase order and on any subsequent order placed during the contract period. The Director must be notified, in
writing, of any price reduction within five (5) days of the effective date.
Failure to report price reductions may result in cancellation of contract for cause, pursuant to provision 5.7(b)1.
6.2 TAX CHARGES - The State of New Jersey is exempt from State sales or use taxes and Federal excise taxes. Therefore, price quotations
must not include such taxes. The State's Federal Excise Tax Exemption number is 22-75-0050K.
6.3 PAYMENT TO VENDORS a. The using agency(ies) is (are) authorized to order and the contractor is authorized to ship only those items covered by the contract resulting
from the RFP. If a review of orders placed by the using agency(ies) reveals that goods and/or services other than that covered by the contract
have been ordered and delivered, such delivery shall be a violation of the terms of the contract and may be considered by the Director as a
basis to terminate the contract and/or not award the contractor a subsequent contract. The Director may take such steps as are necessary to
have the items returned by the agency, regardless of the time between the date of delivery and discovery of the violation. In such event, the
contractor shall reimburse the State the full purchase price.
b. The contractor must submit invoices to the using agency with supporting documentation evidencing that work or goods for which payment is
sought has been satisfactorily completed or delivered. For commodity contracts, the invoice, together with the original Bill of Lading, express
receipt and other related papers must be sent to the State Contract Manager or using agency on the date of each delivery. For contracts
featuring services, invoices must reference the tasks or subtasks detailed in the Scope of Work section of the RFP and must be in strict
accordance with the firm, fixed prices submitted for each task or subtask on the RFP pricing sheets. When applicable, invoices should
reference the appropriate RFP price sheet line number from the contractor’s bid proposal. All invoices must be approved by the State Contract
Manager or using agency before payment will be authorized.
c. In all time and materials contracts, the State Contract Manager or designee shall monitor and approve the hours of work and the work
accomplished by contractor and shall document both the work and the approval. Payment shall not be made without such documentation. A
form of timekeeping record that should be adapted as appropriate for the Scope of Work being performed can be found at
www.nj.gov/treasury/purchase/forms/Vendor_Timesheet.xls.
d The contractor shall provide, on a monthly and cumulative basis, a breakdown in accordance with the budget submitted, of all monies paid to
any small business, minority or woman-owned subcontractor(s). This breakdown shall be sent to the Chief of Operations, Division of Revenue,
P.O. Box 628, Trenton, NJ 08646.
6.4 OPTIONAL PAYMENT METHOD: P-CARD - The State offers contractors the opportunity to be paid through the MasterCard procurement
card (p-card). A contractor’s acceptance and a State agency’s use of the p-card are optional. P-card transactions do not require the
submission of a contractor invoice; purchasing transactions using the p-card will usually result in payment to a contractor in three (3) days. A
contractor should take note that there will be a transaction-processing fee for each p-card transaction. To participate, a contractor must be
capable of accepting the MasterCard. Additional information can be obtained from banks or merchant service companies.
6.5 NEW JERSEY PROMPT PAYMENT ACT - The New Jersey Prompt Payment Act, N.J.S.A. 52:32-32 et seq., requires state agencies to
pay for goods and services within sixty (60) days of the agency's receipt of a properly executed State Payment Voucher or within sixty (60)
days of receipt and acceptance of goods and services, whichever is later. Properly executed performance security, when required, must be
received by the State prior to processing any payments for goods and services accepted by state agencies. Interest will be paid on delinquent
accounts at a rate established by the State Treasurer. Interest shall not be paid until it exceeds $5.00 per properly executed invoice.
Cash discounts and other payment terms included as part of the original agreement are not affected by the Prompt Payment Act.
6.6 AVAILABILITY OF FUNDS – The State’s obligation to make payment under this contract is contingent upon the availability of
appropriated funds and receipt of revenues from which payment for contract purposes can be made. No legal liability on the part of the State
for payment of any money shall arise unless and until funds are appropriated each fiscal year to the using agency by the State Legislature
and made available through receipt of revenues.
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