NOTIFICATION OF AWARD
FOR
HEAVY DELIVERY SERVICES
FOR THE
NEW JERSEY DEPARTMENT OF TRANSPORTATION (NJDOT)
NEW JERSEY DIVISION OF MOTOR VEHICLE (MVS)
SPECIAL TERMS AND CONDITIONS
Table of Contents:
1.0 Information for Bidders
1.1 Purpose and Intent
1.2 Background
1.3 Key Events
1.4 Additional Information
2.0 DEFINITIONS
2.1 Definitions
3.0 SCOPE OF WORK
4.0 Proposal Preparation and Submission
4.1 General
4.2 Proposal Delivery and Identification
4.3 Number of Bid Proposal Copies Proposal Content
5.0 Contractual Terms And Conditions
5.1 Precedence of Contractual Terms and Conditions
5.2 Performance Bond
5.3 Business Registration
5.4 Contract Term and Extension Option
5.5 Contract Transition
5.6 Availability of Funds
5.7 Contract Amendment
5.8 Contractor Responsibilities
5.9 Substitution of Staff
5.10 Substitution or Addition of Subcontractor(s)
5.11 Ownership of Material
5.12 Data Confidentiality
5.13 News Releases
5.14 Advertising
5.15 Licenses and Permits
5.16 Claims and Remedies
5.17 Late Delivery and Liquidated Damages
5.18 Retainage
5.19 State's Option to Reduce Scope of Work
5.20 Suspension of Work
5.21 Change in Law
5.22 Additional Work and/or Special Projects
5.23 Form of Compensation and Payment
5.24 Year 2000 Compliance
5.25 Contract Activity Report
6.0 PROPOSAL Evaluation/Contract Award
6.1 Proposal Evaluation Committee
6.2 Oral Presentation and/or Clarification of Proposal
6.3 Evaluation Criteria
6.4 Contract Award
7.0 BIDDER DATA SHEETS, BIDDER'S CAPABILITIES, ORGANIZATIONAL
SUPPORT AND EXPERIENCE/TECHNICAL PROPOSAL
8.0 PRICE SHEET(S) AND SUPPORTING DETAIL
9.0 EXHIBITS/ATTACHMENTS
1.0 Information for Bidders
1.1 Purpose and Intent
This Request For Proposal (RFP) is issued by the Purchase Bureau,
Division of Purchase and Property, Department of the Treasury, on
behalf of the State of New Jersey. The purpose of this RFP is to
solicit bid proposals from qualified bidders for the next day delivery
of controlled documents, license plates and general supply for the New
Jersey Department of Transportation/Division of Motor Vehicle
(NJDOT/MVS).
The intent of this RFP is to award a contract to those responsible
bidder(s)whose bid proposals, conforms to this invitation for bids, is
most advantageous to the State, price and other factors considered.
1.2 Background
This specification covers requirements of next day delivery services
of bulk items for facilities located in the three regions, under the
jurisdiction of the New Jersey Department of Transportation and the
Division of Motor Vehicles.
The three regions will be divided as follows:
Northern Regions: Sussex, Passaic, Bergen, Warren, Morris, Essex,
Hudson, Hunterdon, Somerset and Union Counties.
Central Regions: Mercer, Monmouth, Middlesex, Burlington and Ocean
Counties.
Southern Regions: Camden, Gloucester, Atlantic, Salem, Cumberland and
Cape May Counties
1.3 Key Events
1.3.1 Questions and Inquiries
It is the policy of the Purchase Bureau to accept questions and
inquiries from all potential bidders receiving this RFP.
Written questions should be mailed or faxed to the Purchase Bureau to
the attention of the assigned Purchase Bureau buyer at the following
address:
Purchase Bureau
Division of Purchase and Property
State of New Jersey
PO BOX 230
Trenton, New Jersey 08625-0230
Attention: Doreica Holt
Fax Number: 609 292-5170
Written questions should also be faxed to the using agency to the
attention of the following:
New Jersey Department of Transportation
1035 Parkway Avenue
Trenton, New Jersey 08625
Attention: Peter Yull
Fax Number: 609 530-3103
1.3.1.1 CUT-OFF DATE FOR QUESTIONS AND INQUIRIES
A Mandatory Pre-Bid Conference has been scheduled for this
procurement, therefore, the cut-off date for submission of questions
will be the date of the Mandatory Pre-Bid Conference. While all
questions will be entertained at the Mandatory Pre-Bid Conference, it
is strongly urged that questions be submitted in writing prior to the
Mandatory Pre-Bid Conference. Written questions must be delivered to
the Purchase Bureau buyer. It is requested that bidders having long,
complex or multiple part questions submit them in writing as far in
advance of the Mandatory Pre-Bid Conference as possible. This request
is made so that answers can be prepared by the State by the time of
the Mandatory Pre-Bid Conference.
1.3.1.2 Question Protocol
Questions should be submitted in writing to the attention of the
assigned Purchase Bureau buyer. Written questions should be directly
tied to the RFP by the writer. Questions should be 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.
Short procedural inquiries may be accepted by telephone by the
Purchase Bureau buyer, however, oral explanations or instructions
given over the telephone shall not be binding upon the State. Bidders
shall not contact the Using Agency directly, in person, or by
telephone, concerning this RFP.
1.3.2 Mandatory Site Visit
A Mandatory Site Visit has been scheduled for this procurement.
The date, time, and location are as follows:
DATE: February 26, 2003
TIME: 10:30AM (immediately following the
mandatory pre bid conference)
LOCATION: Central Warehouse
976 Lower Ferry Road
Trenton, NJ 08618
Dealer's Association
River Road
CAUTION: Bids will be automatically rejected from any bidder that was
not represented or failed to properly register at the Mandatory Site
Visit.
IMPORTANT NOTE:
NO QUESTIONS OR INQUIRIES REGARDING THE SUBSTANCE OF THIS RFP WILL BE
ACCEPTED OR ANSWERED DURING THE MANDATORY SITE VISIT. ALL QUESTIONS
MUST BE HELD AND SUBMITTED IN ACCORDANCE WITH RFP SECTION 1.3.1
1.3.3 Mandatory Pre-Bid Conference
A Mandatory Pre-Bid Conference has been scheduled for this
procurement. The date, time and location are provided as follows:.
Date: February 26, 2003
Time: 10:30AM
Location: Department of Transportation
1035 Parkway Avenue
Main Office Building
Multi Purpose Room
Trenton, (Ewing Twp.) NJ
CAUTION: Bids will be automatically rejected from any bidder that was
not represented or failing to properly register at the Mandatory Pre-
Bid Conference.
The purpose of the Mandatory Pre-Bid Conference is to provide a
structured and formal opportunity for the State to accept questions
from bidders regarding this RFP.
Any revisions to the RFP resulting from the Mandatory Pre-Bid
Conference will be formalized and distributed to attendees as written
addendum to the RFP. Answers to deferred questions will also be
distributed to attendees as written addendum to this RFP.
1.3.4 Document Review Room
Not applicable to this procurement.
1.4 Additional Information
1.4.1 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 RFP addendum
will be distributed as follows:
A Mandatory Pre-Bid Conference has been scheduled for this
procurement. Any addendum issued before the Mandatory Pre-Bid
Conference will be distributed to all bidders who were sent the
initial RFP. Any addendum issued at the time of or after the
Mandatory Pre-Bid Conference will be distributed only to those bidders
represented and properly registered at the Mandatory Pre-Bid
Conference.
1.4.2 Addendum as a Part of this RFP
Any addendum to this RFP shall become part of this RFP and part of any
contract resulting from this RFP.
1.4.3 Issuing Office
This RFP is issued by the Purchase Bureau, Division of Purchase and
Property. The buyer noted in Section 1.3.1 is the sole point of
contact between the bidder and the State for purposes of this RFP.
1.4.4 Bidder Responsibility
The bidder assumes sole responsibility for the complete effort
required in this RFP. No special consideration shall be given after
bids are opened because of a bidder's failure to be knowledgeable of
all the requirements of this RFP. By submitting a bid proposal in
response to this RFP, the bidder represents that it has satisfied
itself, from its own investigation, of all of the requirements of this
RFP.
1.4.5 Cost Liability
The State assumes no responsibility and bears no liability for costs
incurred by bidders in the preparation and submittal of bid proposals
in response to this RFP.
1.4.6 Contents of Bid Proposal
The entire content of every bid proposal will be publicly opened and
becomes a public record. This is the case notwithstanding any
statement to the contrary made by a bidder in its bid proposal.
All bid proposals, as public records, are available for public
inspection. Interested parties can make an appointment to inspect bid
proposals received in response to this RFP with the Purchase Bureau
buyer.
1.4.7 Price Alteration
Bid prices must be typed or written in ink. Any price change
(including "white-outs") must be initialed. Failure to initial price
changes may preclude an award being made to the bidder.
1.4.8 Joint Venture
If a joint venture is submitting a bid proposal, the agreement between
the parties relating to such joint venture should be submitted with
the joint venture's bid proposal. Authorized signatories from each
party comprising the joint venture must sign the bid proposal. A
separate Ownership Disclosure Form, Affirmative Action Employee
Information Report, MacBride Principles Certification and, business
registration must be supplied for each party to a joint venture.
2.0 DEFINITIONS
2.1 Definitions
The following definitions shall be part of any contract awarded or
order placed as a result of this RFP:
Addendum - Written clarification or revision to this RFP issued by the
Purchase Bureau.
Amendment - A change in the scope of work to be performed by the
contractor. An amendment is not effective until it is signed by the
Director, Division of Purchase and Property.
Bidder - An individual or business entity submitting a bid proposal in
response to this RFP.
Contract - This RFP, any addendum to this RFP, and the bidder's bid
proposal submitted in response to this RFP and the Division's Notice
of Acceptance .
Contractor - The contractor is the bidder awarded a contract.
Director - Director, Division of Purchase and Property, Department of
Treasury. By statutory authority, the Director is the chief
contracting officer for the State of New Jersey.
Division - The Division of Purchase and Property.
Evaluation Committee - A committee established by the Director to
review and evaluate bid proposals submitted in response to this RFP
and to recommend a contract award to the Director.
May - Denotes that which is permissible, not mandatory.
Project - The undertaking or services that are the subject of this
RFP.
Request for Proposal (RFP) - This document which establishes the
bidding and contract requirements and solicits bid proposals to meet
the purchase needs of 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 bid proposal as materially non-responsive.
Should - Denotes that which is recommended, not mandatory.
State Contract Manager - The individual responsible for the approval
of all deliverables, i.e., tasks, sub-tasks or other work elements in
the Scope of Work.
Subtasks - Detailed activities that comprise the actual performance of
a task.
State - State of New Jersey.
Task - A discrete unit of work to be performed.
Using Agency or Agency - The entity for which the Division has issued
this RFP and will enter into a contract.
3.0 Scope of Work
3.1 The Contractor must provide guaranteed next day heavy delivery
services statewide to approximately 226 different sites throughout the
State of New Jersey.
3.2 The items to be delivered will consist of, but are not limited
to: Office supplies; licenses plates; drivers licenses; motor vehicle
registrations; automobile titles controlled/number documents and
general supplies.
3.3 Delivery items will not include: those of unusual value; class "a"
and "b" explosives; household goods; and those injurious or
contaminating to other lading or subject to restrictions.
3.4 Estimated Quantities
3.4.1 Average per Month in estimated quantity
3.4.2 Description Estimated UNIT
Quantities
a) Stops per Month 1,625 EA
b) Weight 227,800 LB
c) Number of Pieces 12,080 EA
3.4.3 Bulk deliveries can weigh in excess of 15,000 lbs., and many
delivery locations can receive deliveries in excess of 1,000 lbs.
Special deliveries are made several times a month to the Division of
Motor Vehicles' Dealer Agencies. Those deliveries entail bulk
shipments of license plates and supplies weighing in excess of several
thousand pounds and must be hand delivered to a second floor storage
area.
3.5 Schedule Characteristics and Requirements
3.5.1 The latest pick up time to guarantee next day delivery is 3:00
p.m.,and the contractor must guarantee delivery by 4:30 p.m. the
following workday.
3.5.2 Hours for the DOT Central Warehouse located on the NJDOT
complex at 1035 Parkway Avenue, Ewing, NJ are 7:30 a.m. to 4:00 p.m.
Monday through Friday, excluding holidays.
3.5.3 Hours for pick-up and delivery at DMV Headquarters located at
225 East State Street, Trenton are from 9:30 a.m. to 3:00 p.m. Monday
through Friday, excluding holidays.
3.5.4 The contractor will be required to pickup bulk shipments of
material from the DOT Central Warehouse for further breakdown and next
day distribution to multiple locations.
3.5.5 The contractor may refuse any package which, in the reasonable
judgment of the contractor, may soil, taint or otherwise damage other
merchandise or the contractor's equipment, or any package which is
improperly or insecurely packed or wrapped.
3.6 Unless a greater value is declared in writing on the pick-up
record, the stipulated value of each package or article not enclosed
in a package shall be $500.
3.7 Packages refused by the addressee or for any other reason it
cannot be delivered, shall be promptly returned to the sender without
additional charge to the State.
3.8 The contractor shall commence work upon the formal date of award.
3.9 In the event the contractor is unable to make delivery of a
package, a non-delivery notice will be left at the addressed location
stating that delivery has been attempted. Thereafter, a second, and
if necessary, a third attempt to deliver the package will be made
without additional charge to the State.
3.10 The contractor shall not be liable for any interruption of
delivery service due to causes beyond its control.
3.11 Guaranteed next day deliveries shall be provided by the
contractor statewide. All deliveries are to be made directly to the
individual addressed at the specific location within the premises.
The contractor shall obtain a signature from the addressee or the
addressee's designee at the time of delivery.
3.12 Department representatives will contact the contractor directly
to arrange time(s) and place(s) for pick-up. All pick-up and delivery
will be on an as needed basis.
3.13 The contractor shall provide door-to-door delivery; inside
delivery and supplies/packages spotted where required. Contractor
will be responsible to provide additional labor, if required, to make
deliveries to any facility or site lacking elevators, loading docks,
ramps, etc. Contractor is responsible for providing delivery services
utilizing specialized equipment as needed such as vehicles with power
tailgates, electric pallet jacks, fork lifts heavy-duty hand trucks,
etc.
3.14 The Contractor is also responsible for providing warehouse
personnel to breakdown and sort palletized freight and for inside
making bulk deliveries.
3.15 All deliveries of mail or packages made by the contractor on
behalf of DOT shall be made "hand to hand" and the contractor shall
not utilize any material, method or receptacles for delivery by the US
Postal Service.
3.16 The contractor shall not violate any of the laws of the US
Government or the rules and regulations issued by the US Postal
Service.
3.17 The contractor shall hold the State harmless as to any judgments
or fines arising out of a violation of the laws and statutes of the US
Government and the rules and regulations of the US Postal Service.
3.18. All drivers shall be uniformed for deliveries to business
offices etc., and vehicles shall be maintained according to high
standard of appearance as determined by the State.
3.19 Shipping Locations
Not all locations are serviced daily; number and location of stops may
vary each day. List of current delivery site addresses is attached and
the NJDOT reserves the right to add or delete addresses during the
contract award period.
Location Number
Motor Vehicle Agencies 47
Driver Testing Facilities 45
Regional Service Centers 4
Inspection Stations 35
Specialty Sites 3
Private Inspection Facilities 3
Police Departments 37
County Offices 21
D.O.T. Garages & Regional Headquarters 30
DMV Headquarters 1
4.0 Proposal Preparation and Submission
4.1 General
The bidder must follow instructions contained in this RFP and in the
bid cover sheet in preparing and submitting its bid proposal. The
bidder is advised to thoroughly read and follow all instructions.
The information required to be submitted in response to this RFP has
been determined to be essential in the bid evaluation and contract
award process. Any qualifying statements made by the bidder to the
RFP'S requirements could result in a determination that the bidder's
bid proposal is materially non-responsive. Each bidder is given wide
latitude in the degree of detail it elects to offer or the extent to
which plans, designs, systems, processes and procedures are revealed.
Each bidder is cautioned, however, that insufficient detail may result
in a determination that the bid proposal is materially non-responsive
or, in the alternative, may result in a low technical score being
given to the bid proposal.
The bidder is instructed to clearly identify any requirement of this
RFP that the bidder cannot satisfy.
4.2 Proposal Delivery and Identification
In order to be considered, a bid proposal must arrive at the Purchase
Bureau in accordance with the instructions on the RFP cover sheet.
Bidders submitting bid proposals are cautioned to allow adequate
delivery time to ensure timely delivery of bid proposals. State
regulation mandates that late bid proposals are ineligible for
consideration. The exterior of all bid proposal packages must be
labeled with the bid identification number, final bid opening date and
the buyer's name. All of this information is set forth at the top of
the RFP cover sheet.
4.3 Number of Bid Proposal Copies
Each bidder must submit one (1) complete ORIGINAL bid proposal,
clearly marked as the "ORIGINAL" bid proposal. Each bidder is
requested submit seven (7) full, complete and exact copies of the
original. The copies requested are necessary in the evaluation of
your bid. Bidders failing to provide the requested number of copies
will be charged the cost incurred by the State in producing the
required number of copies. It is suggested that the bidder make and
retain a copy of its bid proposal.
Bidders failing to provide the required number of copies will be
charged the cost incurred by the State in producing the required
number of copies. The cost are as follows:
Page 01 to page 10 - $.75 per page
Page 11 to page 20 - $.50 per page
Page 12 and over - $.25 per page
Price subject to change without notice.
4.4 Proposal Content
The proposal should be submitted in one volume and that volume divided
into four (4) Sections as follows:
4.4.1 Section 1 - Forms
4.4.1.1 Ownership Disclosure Form
In the event the bidder is a corporation or partnership, the bidder
must complete the attached Ownership Disclosure Form. A completed
Ownership Disclosure Form must be received prior to or accompanying
the bid. Failure to do so will preclude the award of the contract.
4.4.1.2 MacBride Principles Certification
The bidder must complete the attached MacBride Principles
Certification evidencing compliance with the MacBride Principles.
Failure to do so may result in the award of the contract to another
vendor.
4.4.1.3 Affirmative Action
The bidder must complete the attached Affirmative Action Employee
Information Report, or, in the alternative, supply either a New Jersey
Affirmative Action Certificate or evidence that the bidder is
operating under a Federally approved or sanctioned affirmative action
program. The requirement is a precondition to entering into a valid
and binding contract.
4.4.2 Section 2 - Technical Proposal
4.4.2.1 Potential Problems
The bidder should set forth a summary of any and all problems that the
bidder anticipates during the term of the contract. For each problem
4.4.3 Section 3 - Organizational Support and Experience
4.4.3.1 Financial Capability of the Bidder
The bidder should provide proof its financial capacity and
capabilities to undertake and successfully complete the contract. A
certified financial statement for the most recent fiscal year and
current bank reference(s) are acceptable.
4.4.3.2 Subcontractor(s)
4.4.3.2.1 Should the bidder propose to utilize a subcontractor(s) to
fulfill any of its obligations, the bidder shall be responsible for
the subcontractor's(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.
4.4.3.2.2 The bidder must provide a detailed description of services
to be provided by each subcontractor, referencing the applicable
Section or Subsection of this RFP.
4.4.3.2.3 The bidder should provide documented experience demonstrate
that each subcontractor has successfully performed work on contracts
of a similar size and scope to the work that the subcontractor is
designated to perform in the bidder's proposal.
4.4.4 Section 4 - Cost Proposal
The bidder must submit all requested pricing information. Failure to
submit all requested pricing information may result in the bidder's
proposal being considered materially non-responsive. Each bidder's
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.
5.0 Contractual Terms AND Conditions
5.1 Precedence of Contractual Terms and Conditions
The contract shall consist of this RFP, addendum to this RFP, the
contractor's bid proposal and the Division's Notice of Acceptance.
Unless specifically noted within this RFP, the Standard Terms and
Conditions take precedence over the Special Terms and Conditions.
In the event of a conflict between the provisions of this RFP,
including the Standard Terms and Conditions and the Special Terms and
Conditions, and any addendum to the RFP, the addendum shall govern.
In the event of a conflict between the provisions of this RFP,
including any addendum to this RFP, and the bidder's proposal, the RFP
and/or the addendum shall govern.
5.2 Performance Bond
This section supplements Section 3.3b of the Standard Terms and
Conditions. A performance bond is required. The amount of the
performance bond is noted on the RFP cover sheet. The performance
bond must be posted within 30 days of the effective date of the
contract award. The performance bond must remain in full force and
effect for the term of the contract and any extension thereof.
5.3 Business Registration
See Standard Terms and Conditions, Section 1.1.
5.4 Contract Term and Extension Option
The term of the contract shall be for a period of three (3) years.
The anticipated "Contract Effective Date" is provided on the cover
sheet of this RFP. If delays in the bid process result in an
adjustment of the anticipated Contract Effective Date, the bidder
agrees to accept a contract for the full term of the contract. The
contract may be extended for an additional two (2) one (1) year
periods, by mutual written consent of the contractor and
the Director.
5.5 Contract Transition
In the event services end by either contract expiration or
termination, it shall be incumbent upon the contractor to continue
services, if requested by the Director, until new services can be
completely operational. The contractor acknowledges its
responsibility to cooperate fully with the replacement contractor and
the State to ensure a smooth and timely transition to the replacement
contractor. Such transitional period shall not extend more than
ninety (180) days beyond the expiration date of the contract, or any
extension thereof. The contractor will be reimbursed for services
during the transitional period at the rate in effect when the
transitional period clause is invoked by the State.
5.6 Availability of Funds
The State's obligation to pay the contractor is contingent upon the
availability of appropriated funds 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 funds are made available each
fiscal year to the Using Agency by the Legislature.
5.7 Contract Amendment
Any changes or modifications to the terms of the contract shall only
be valid when they have been reduced to writing and executed by the
contractor and the Director.
5.8 Contractor Responsibilities
The contractor shall have sole responsibility for the complete effort
specified in the contract. Payment will be made only to the
contractor. The contractor shall have sole responsibility for all
payments due any subcontractor.
The contractor is responsible for the professional quality, technical
accuracy and timely completion and submission of all deliverables,
services or commodities required to be provided under the contract.
The contractor shall, without additional compensation, correct or
revise any errors, omissions, or other deficiencies in its
deliverables and other services. The approval of deliverables
furnished under this contract shall not in any way relieve the
contractor of responsibility for the technical adequacy of its work.
The review, approval, acceptance or payment for any of the services
shall not be construed as a waiver of any rights that the State may
have arising out of the contractor's performance of this contract.
5.9 Substitution of Staff
Not applicable to this procurement.
5.10 Substitution or Addition of Subcontractor(s)
This Subsection serves to supplement but not to supersede Section 3.11
of the Standard Terms and Conditions of this RFP.
If it becomes necessary for the contractor to substitute and/or add a
subcontractor, the contractor will identify the proposed new
subcontractor and the work to be performed. The contractor must
provide detailed justification documenting the necessity for the
substitution or addition.
In the event a subcontractor is proposed as a substitution, the
proposed subcontractor must equal or exceed the qualifications and
experience of the subcontractor being replaced. In the event the
subcontractor is proposed as an addition, the proposed subcontractor's
qualifications and experience must equal or exceed that of similar
personnel proposed by the contractor in its bid proposal.
The contractor shall forward a written request to substitute or add a
subcontractor to the State Contract Manager for consideration. If the
State Contract Manager approves the request, the State Contract
Manager will forward the request to the Director for final approval.
No substituted or additional subcontractors are authorized to begin
work until the contractor has received written approval from the
Director.
5.11 Ownership of Material
Not applicable to this procurement.
5.12 Data Confidentiality
Not applicable to this procurement.
5.13 News Releases
The contractor is not permitted to issue news releases pertaining to
any aspect of the services being provided under this contract without
the prior written consent of the Director.
5.14 Advertising
The contractor shall not use the State's name, logos, images, or any
data or results arising from this contract as a part of any commercial
advertising without first obtaining the prior written consent of the
Director.
5.15 Licenses and Permits
The contractor shall obtain and maintain in full force and effect all
required licenses, permits, and authorizations necessary to perform
this contract. The contractor shall supply the State's Contract
Manager with evidence of all such licenses, permits and
authorizations. This evidence shall be submitted subsequent to the
contract award. All costs associated with any such licenses, permits
and authorizations must be considered by the bidder in its bid
proposal.
5.16 Claims and Remedies
5.16.1 Claims
The following shall govern claims made by the contractor regarding
contract award recision, contract interpretation, contractor
performance and/or suspension or termination.
Final decisions concerning all disputes relating to contract award
recision, contract interpretation, contractor performance and/or
contract reduction, suspension or termination are to be made in a
manner consistent with N.J.A.C. 17:12-1.1, et seq. The Director's
final decision shall be deemed a final agency action reviewable by the
Superior Court of New Jersey, Appellate Division.
All claims asserted against the State by the contractor shall be
subject to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq.,
and/or the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1, et
seq. However, any claim against the State relating to a final
decision by the Director regarding contract award recision, contract
interpretation, contractor performance and/or contract reduction,
suspension or termination shall not accrue, and the time period for
performing any act required by N.J.S.A. 59:8-8 or 59:13-5 shall not
commence, until a decision is rendered by the Superior Court of New
Jersey, Appellate Division (or by the Supreme Court of New Jersey, if
appealed) that such final decision by the Director was improper.
5.16.2 Remedies
Nothing in the contract shall be construed to be a waiver by the State
of any warranty, expressed or implied, or any remedy at law or equity,
except as specifically and expressly stated in a writing executed by
the Director.
5.17 Late Delivery and Liquidated Damages
Not applicable to this procurement.
5.18 Retainage
Not applicable to this procurement.
5.19 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 task or subtask called for under this contract. In
such an event, the Director shall provide advance written notice to
the contractor.
Upon receipt of such written notice, the contractor will submit,
within five (5) working days to the Director and the State Contract
Manager, an itemization of the work effort already completed by task
or subtask. The contractor shall be compensated for such work effort
according to the applicable portions of its cost proposal.
5.20 Suspension of Work
The State Contract Manager 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 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 and the contractor shall negotiate an
equitable adjustment, if any, to the contract price.
5.21 Change in Law
Whenever an unforeseen change in applicable law or regulation affects
the services that are the subject of this contract, the contractor
shall advise the State Contract Manager and the Director in writing
and include in such written transmittal any estimated increase or
decrease in the cost of its performance of the services as a result of
such change in law or regulation. The Director and the contractor
shall negotiate an equitable adjustment, if any, to the contract
price.
5.22 Additional Work and/or Special Projects
The contractor shall not begin performing any additional work or
special projects without first obtaining written approval from both
the State Contract Manager and the Director.
In the event of additional work and/or special projects, the
contractor must present a written proposal to perform the additional
work to the State Contract Manager. The proposal should provide
justification for the necessity of the additional work. The
relationship between the additional work and the base contract work
must be clearly established by the contractor in its proposal.
The contractor's written proposal must provide a detailed description
of the work to be performed broken down by task and subtask. The
proposal should also contain details on the level of effort, including
hours, labor categories, etc., necessary to complete the additional
work.
The written proposal must detail the cost necessary to complete the
additional work in a manner consistent with the contract. The written
cost proposal must be based upon the hourly rates, unit costs or other
cost elements submitted by the contractor in the contractor's original
bid proposal submitted in response to this RFP. Whenever possible,
the cost proposal should be a firm, fixed cost to perform the required
work. The firm fixed price should specifically reference and be tied
directly to costs submitted by the contractor in its original bid
proposal. A payment schedule, tied to successful completion of tasks
and subtasks, must be included.
Upon receipt and approval of the contractor's written proposal, the
State Contract Manager shall forward same to the Director for the
Director's written approval. Complete documentation from the Using
Agency, confirming the need for the additional work, must be
submitted. Documentation forwarded by the State Contract Manager to
the Director must all include all other required State approvals, such
as those that may be required from the State of New Jersey's Office of
Management and Budget (OMB) and Office of Information and Technology
(OIT).
No additional work and/or special project may commence without the
Director's written approval. In the event the contractor proceeds
with additional work and/or special projects without the Director's
written approval, it shall be at the contractor's sole risk. The
State shall be under no obligation to pay for work done without the
Director's written approval.
5.23 Form of Compensation and Payment
This Section supplements Section 4.5 of the RFP'S Standard Terms and
Conditions. The contractor must submit official State invoice forms
to the Using Agency with supporting documentation evidencing that work
for which payment is sought has been satisfactorily completed.
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
before payment will be authorized.
Invoices must also be submitted for any special projects, additional
work or other items properly authorized and satisfactorily completed
under the contract. Invoices shall be submitted according to the
payment schedule agreed upon when the work was authorized and
approved. Payment can only be made for work when it has received all
required written approvals and has been satisfactorily completed.
Payment to Contractor - Optional Method
The State of New Jersey now offers State contractors the opportunity
to be paid through the VISA procurement card (p-card). A contractor's
acceptance and a State agency's use of the p-card, however, is
optional.
P-card transactions do not require the submission of either a
contractor invoice or a State payment voucher. Purchasing
transactions using the p-card will usually result in payment to a
contractor in three 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 VISA card. Additional
information can be obtained from banks or merchant service companies.
5.24 Year 2000 Compliance
Not applicable to this procurement.
5.25 Year 2000 Warranties
Not applicable to this procurement.
6.0 Proposal Evaluation/contract AWARD
6.1 Proposal Evaluation Committee
Proposals may be evaluated by an Evaluation Committee composed of
members of affected departments and agencies together with
representative(s) from the Purchase Bureau. Representatives from
other governmental agencies may also serve on the Evaluation
Committee. On occasion, the Evaluation Committee may choose to make
use of the expertise of outside consultant in an advisory role.
6.2 Oral Presentation and/or Clarification of Proposal
A bidder may be required to give an oral presentation to the
Evaluation Committee concerning its bid proposal. The Evaluation
Committee may also require a bidder to submit written responses to
questions regarding its proposal.
The purpose of such communication with a bidder, either through an
oral presentation or a letter of clarification, is to provide an
opportunity for the bidder to clarify or elaborate on its bid
proposal. Original bid proposals submitted, however, cannot be
supplemented, changed, or corrected in any way. No comments regarding
other bid proposals are permitted. Bidders may not attend
presentations made by their competitors.
It is within the Evaluation Committee's discretion whether to require
a bidder to give an oral presentation or require a bidder to submit
written responses to questions regarding its proposal. Action by the
Evaluation Committee in this regard should not be construed to imply
acceptance or rejection of a proposal. The Purchase Bureau buyer will
be the sole point of contact regarding any request for an oral
presentation or clarification.
6.3 Evaluation Criteria
The following evaluation criteria categories, not necessarily listed
in order of significance, will be used to evaluate bid proposals
received in response to this RFP. The evaluation criteria categories
may be used to develop more detailed evaluation criteria to be used in
the evaluation process:
6.3.1 The bidder's general approach and plans in meeting the
requirements of this RFP.
6.3.2 The bidder's documented experience in successfully completing
contracts of a similar size and scope to those required by this RFP.
When making the contract award decision, the State will consider
evidence of formal or other complaints against any bidder(s) by the
State of New Jersey for contracts held in the past or present by the
bidder.
6.3.3 The bidder's Cost Proposal
6.4 Contract Award
The contract shall be awarded with reasonable promptness by written
notice to that responsible bidder whose bid, conforming to the
invitation for bids, will be most advantageous to the State, price and
other factors considered. Any or all bids may be rejected when the
State Treasurer or the Director of the Division of Purchase and
Property determines that it is in the public interest so to do.
7.0 Bidder Data Sheets Bidder(s)' Capabilities, Organizational
Support and Experience/Technical Proposal
1. The number of years your firm has been performing next day
delivery service of bulk and or heavy items:
____________________________________
2. Location of bidder's office that will be responsible for managing
this contract.
Name of Firm:___________________________________________________
Address:________________________________________________________
________________________________________________________________
________________________________________________________________
3. Location of bidder's facility where bidder's equipment may be
inspected.
Name of Firm:___________________________________________________
Address:________________________________________________________
________________________________________________________________
________________________________________________________________
4. The bidder must list below the equipment intended to be use under
this contract.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
5. Name(s) and telephone number(s) of management personnel to be
contacted if problems or emergencies occur:
Name:___________________________________________________________
Telephone Number:_______________________________________________
Name:___________________________________________________________
Telephone Number:_______________________________________________
6. Name of contact person that may be contact twenty four (24) hours
any time if service or information is required by the using agency.
Name:___________________________________________________________
Address:________________________________________________________
________________________________________________________________
Telephone Number:_______________________________________________
7. The bidder must provide a list of institution(s), industries, and
commercial buildings now under contract with your firm. Include the
length of time each contract has been in force and the name and
telephone number of the person the State may contact for references.
Current Clients Length of contract Contact Name /Telephone Number
_______________ __________________ ______________________________
_______________ __________________ ______________________________
_______________ __________________ ______________________________
_______________ __________________ ______________________________
_______________ __________________ ______________________________
8. The bidder must provide a list of contract(s) your firm has lost
during the last three (3) years and the reason for termination.
Name of Client Reason for Termination
__________________________ _____________________________________
__________________________ _____________________________________
__________________________ _____________________________________
__________________________ _____________________________________
__________________________ _____________________________________
8.0 Additional Price Sheet(s) and Supporting Detail
Important Note: All bid prices shall be typed or written in ink. Any
corrections, erasures or other form of alterations including "white
out(s)" must be initialed by the bidder.
Bidder's quoted prices must remain firm for the year quoted, and
cannot be subject to increase during the year.
9.0 Exhibits/Attachments
Attachment I - List of NJDOT facilities
|
Purchase & Property: Home | News | Directions | Frequently Asked Questions | Contact DPP