Middlesex Regional Educational Services Commission
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Educational Services Commission of New Jersey
1660 Stelton Road
Second Floor
Piscataway, New Jersey 08854
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Bid Specifications & General Requirements for
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Mr. Patrick M. Moran
Business Administrator
Board Secretary/QPA
Educational Services Commission of New Jersey
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Educational Services Commission of New Jersey
REQUEST FOR BID
Bid Advertisement
The Educational Services Commission of New Jersey, Piscataway New Jersey, hereby advertises for competitive bids in accordance with N.J.S.A. 18A:18A-21(a, b).
Bid No. ESCNJ 20/21-11 Supply-Transportation of Natural Gas
Bid Opening: 5/05/2020 @ 12:00 p.m.
All bids must be submitted to the Educational Services Commission of New Jersey in a sealed envelope marked “NATURAL GAS BID ENCLOSED” on the front of the envelope/package. Note that Respondents must be able to provide products and services to the designated counties within or the entire state of New Jersey as required by the bid. Bid documents may be downloaded from the web at ; or mail to 1660 Stelton Road, Second Floor, Piscataway, NJ 08854. Anyone downloading bid specifications from our website shall notify the Commission so that we can send any possible addenda to you. Vendors will be charged $50.00 for hard copy specifications. The Educational Services Commission of New Jersey reserves the right to reject any or all bids in whole or in part; to waive any formalities or irregularities in any bids, and to accept the bids, which in its discretion, within state law, are for the best interest of the Educational Services Commission of New Jersey. Bids will be opened and publicly read immediately following the deadline.
The duration of the bid will be for up to 24 months with an option to extend for 24 additional months when in agreement to do so by both the awarded vendor and the ESCNJ.
Respondents are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27
The New Jersey Business Registration Certification is required for all bids as well as the Political Contribution Disclosure Form.
Patrick M. Moran
Patrick M. Moran
Business Administrator/Board Secretary
The ESCNJ’S mission is to cooperatively serve our members through a continuous effort to explore and solve present and future purchasing needs. Our goals include working to secure multi-member agency volume purchasing contracts with benefits that are measurable, cost-effective and continuously exceed our members’ expectations. The ESCNJ is committed to accomplish this mission lawfully and ethically, using leading edge technology and futuristic business practices.
The great benefit to the respondent is that one response may be awarded by the ESCNJ for multiple members located throughout the state. Respondents responding to this RFB will prepare one original paper response, one paper copy and one computer/electronic CD or Flash Drive copy. Respondents selected in response to this single RFB have the potential to provide products and services to public educational institutions, public colleges or universities, community colleges, vocational or technical schools, municipal governments, and other governmental and quasi-governmental organizations serving current and future members of the ESCNJ Cooperative Pricing System.
The ESCNJ will publish notice of the RFB. Respondents will send responses to the ESCNJ receiving point for all Co-op Members. Responses will be evaluated by the ESCNJ, and after Board approval, bids will be awarded to the selected respondents.
Contracts awarded through cooperative pricing must meet the procurement laws of the State of New Jersey. When these laws are satisfied, an individual entity using these contracts is deemed in compliance with bidding regulations. As allowed by New Jersey statutes, they can issue purchase orders for any amount without the necessity to prepare their own RFB, or gather necessary quotations. This saves the entity time and allows for economical and efficient purchasing.
State laws permit and encourage cooperative purchasing contracts in the belief that lower prices will be the result. A contract issued by a cooperative can be used by hundreds of separate political units; but if it has the same or higher prices than what a single agency can get through its own bid, a cooperatively bid contract makes no sense. ESCNJ requests that respondents only respond if they are able to offer prices lower than what they ordinarily offer on separate, public educational institution, public college or university, community college, vocational or technical school, municipal government, and other governmental and quasi-governmental organization contracts.
“ESCNJ” may be used as an interchangeably with “Educational Services Commission of New Jersey”, “Co-op member”, “ESCNJ Cooperative member” and “Member”.
Questions:
Submit all questions about the RFB in writing, referencing the ESCNJ Bid #20/21-11, to
John Berg at 201-546-2986, or at john@ All questions and responses will be available on the ESCNJ website (ESCNJ.k12.nj.us) as addenda or clarifications and will become part of the bid documents. Those not having access to the internet may call Patrick M. Moran at (732) 777-9848, extension 3120, to determine if addenda have been issued, or may request to Patrick M. Moran in writing or by fax that copies of the questions and responses be mailed. Questions received after 2:00 P.M. April 21, 2020 cannot be answered. All addenda shall comply with N.J.S.A. 18A:18A-21.
Fees: The ESCNJ charges contractors an administrative or participation fee. This fee will be incorporated into all prices bid in the submission. The fee amount is listed here for the convenience of the prospective respondent. Be sure to include this fee within the amount of your bid.
|Fee |ESCNJ $.065 per dekatherm |
An essential part of the bid evaluation process is an evaluation to qualify the company being considered. All bids must contain answers or responses to the information requested in the Bid Forms. Any respondent failing to provide the required documentation may be considered non-responsive.
Respondents must be able to provide products and services to all ESCNJ members located in the counties they are submitting bids. The ESCNJ and/or Co-op Members reserve the right to accept or reject companies solely based on information provided in the bid and/or its own investigation of the company.
ESCNJ Co-op Members
Please note that individual ESCNJ Co-op Members identified below may participate in any contract awarded under this solicitation. However, this does not guarantee or mean that the individual ESCNJ Co-op Members will enter into a contract with any ESCNJ approved vendor. Each ESCNJ Co-op Member will make that determination after reviewing vendor responses and ESCNJ recommendation for acceptance and bid award. The ESCNJ Co-op Members contracting decision shall be final as any award made by the ESCNJ Co-op is not binding on its members. All operating school districts and Charter Schools in New Jersey are eligible for membership in the ESCNJ Cooperative Pricing System along with other public educational institutions, public colleges or universities, community colleges, vocational or technical schools, municipal governments, and other governmental, quasi-governmental, or non-profit organizations. A response to this bid acknowledges that new members to the ESCNJ CPS will be offered the same terms and conditions as well as the pricing current Co-op Members receive.
Current Educational Services Commission of New Jersey Co-op Members
Please view the list at this link on the ESCNJ website:
Bid No. ESCNJ 20/21-11
Supply of Natural Gas for the Educational Services Commission of New Jersey
The Educational Services Commission of New Jersey (ESCNJ) is seeking bids for the provision of natural gas on behalf of the ESCNJ Co-op Members in New Jersey, served by the following Local Distribution Companies (LDC): See list of Participating Co-op Members above.
PSE&G - Public Service Electric and Gas Company
Box 100 RD 2
Bordentown NJ 08505
Elizabethtown Gas Company
One Elizabethtown Plaza
PO Box 3175
Union NJ 07083-1975
New Jersey Natural Gas
1415 Wyckoff Road
Post Office Box 1464
Wall, New Jersey 07719
South Jersey Gas
1 South Jersey Plaza
Folsom, NJ 08037
ESCNJ requests that respondents only respond if they are able to offer prices lower than what they ordinarily offer on separate, public educational institution, public college or university, community college, vocational or technical school, municipal government, and other governmental and quasi-governmental organization contracts.
It is the intent of the ESCNJ on behalf of the various Co-op Member locations to award a single contract to one vendor for all of the gas required by all of the Co-op Member locations. Co-op Members will be billed directly on a monthly basis and are solely responsible for payment of invoices each month with the period covered by each invoice the same as the period of the Local Distribution Companies (LDC's) monthly bill to the Buyer where possible as coordinated with the Local Distribution Companies (LDC's).
Only marketers and brokers that have been approved by the State of New Jersey, Public Service Electric and Gas, as of the bid opening date are eligible to submit a bid. Information regarding certification may be obtained from each Local Distribution Company (LDC).
Bidders must currently be supplying transportation for natural gas and have access to more than one interstate transportation pipeline on which to deliver, and must currently be supplying in the state of New Jersey to customers a minimum of one million mmbtu per year.
Attached is a list of Premises (locations) by Co-op location that require gas, as well as historical consumption information (Billing Dekatherms).
The only acceptable manner of bidding is on a fixed delivery charge (basis) for 12 and 24 months. The 12 and 24 month NYMEX weighted average is to be determined after the award of contract.
While invoices to participating district/municipality locations must include all charges imposed by the Local Distribution Companies (LDC), bids must be submitted that reflect all costs of the natural gas required including transportation to the buyer's location and other fees and penalties. The winning bidder shall be required to invoice all participants based on their monthly actual volumes as opposed to any DCQ systems. Each district/municipality location is to receive a single monthly invoice for all gas charges, including Local Distribution Companies (LDC) charges, for additional expense over and above the bid price. ESCNJ Co-op Members shall only be responsible for the vendors bid price for commodity and up-charge plus any appropriate state tax. All ESCNJ Co-op Members shall be responsible for all utility charge local transportation costs.
The contractor will deliver pipeline quality natural gas to the Local Distribution Companies (LDC). The contractor will provide all balancing and interstate transport services. During transportation, all of the Co-op Members locations shall be "liability and loss free". It is understood that all quantities of gas indicated in these specifications are estimates only.
The Bidder shall purchase and maintain insurance of the types and in the amounts shown below. The Bidder shall furnish insurance certificates to the Buyer and the Educational Services Commission of New Jersey showing the Buyer as an additional named insured and providing for prompt notice to the Buyer upon any change in coverage.
Worker's Compensation:
1. State: Statutory
2. Applicable Federal (e.g. Longshoreman's): Statutory
3. Employer's Liability: $500,000
Comprehensive General Liability:
1. Bodily Injury and Property Damage Combined Single Limit: $2,000,000
2. Personal Injury, with employment exclusion deleted: $1,000,000, Annual Aggregate
The Commission reserves the right to reject any and all bids, award bids in whole or in part, renew at end of contract upon mutual agreement with ESCNJ and vendor and waive immaterial informalities if deemed to be to the Commission's advantage to do so.
The contractor will be required to maintain a full-time office staffed between 9 a.m. and 5 p.m. Eastern time at which any of the Co-op Members may call and provide at least two telephone numbers at which responsible employees of the contractor may be reached at all times.
The resulting contract may not be assigned or subcontracted, with the exception of transportation.
The vendor will be required to submit all documents required by Local Distribution Companies (LDC) to achieve conversion to brokered service for the Co-op Members.
In the event of a force majeure occurrence, the Contractor's obligation to deliver gas shall be suspended for the actual period of the force majeure occurrence, but only for that period. The term of the contract shall not be lengthened as the result of any force majeure occurrence. Contractor's obligation to deliver gas shall be suspended as the result of any force majeure occurrence if, and only if, Contractor notifies the ESCNJ and each Co-op Member within 24 hours of the occurrence with respect to the occurrence itself and, if known, the anticipated period of interruption.
GENERAL INFORMATION ON FURNISHING OF NATURAL GAS
1. Bidders are required to comply with the requirements of P.L. 1975, C.127 (Affirmative Action Employment Law) and P.L. 1977, C.33 and C.114.
2. All bids must be submitted on the bid sheet provided. Bidders are required to complete the Declaration of Ownership, indicating all persons owning ten (10%)
percent or more of the stock or equity of the corporation.
3. The bid must be sealed and clearly marked, "NATURAL GAS BID ENCLOSED" along with the bid #. The Commission will not be responsible for bids that are inadvertently opened due to the bidder's failure to clearly mark the envelope as indicated.
4. The successful vendor must submit within seven (7) days of notice of intent to award a contract one of the following: a copy of the Federal Letter of Affirmative Action Plan Approval or a copy of the current Certificate of Employee Information Report or a completed Affirmative Action Employee Information Report (Form AA 302, available from the ESCNJ or New Jersey Department of Treasury).
5. The winning Bidder must be capable of liquidating all or a portion of any market position held for, or contracted to the Collaborative, (BASIS or NYMEX), if so directed by the Collaborative. All proceeds generated by this action, less marketer expenses, shall be identified and forwarded to the Collaborative in a timely manner that shall be agreed to by both parties.
6. The cost of providing automatic electronic metering devices should be listed per location as required and should be separate from natural gas pricing. Cost of telephone lines and monthly service should not be included in bid prices.
7. All ESCNJ participants shall be subject to NJ Energy Reform tax.
8. "Premises" shall mean one or more of Buyer's facilities or portions of facilities receiving
Gas under one or more LDC accounts for which Gas is purchased from Seller under this Agreement. Each individual Premise is described within these bid specifications.
9. "Transportation Gas" shall mean Gas purchased from a third party seller after transportation and delivery by the third party to an LDC which gas is then further transported to and metered at a Buyer's Premises by the LDC.
10. The successful Bidder must also provide the Educational Services Commission of New Jersey with an actual Cost Savings Analysis by district/municipality location upon request from the ESCNJ.
11. The successful bidder shall be available for scheduled meetings to ensure contracts
are completed between each Co-op Members location and the successful vendor.
12. Educational Services Commission of New Jersey reserves the right to authorize supplier to blend and extend the pricing agreement should it be deemed to be in the best interest of the ESCNJ and its participants.
13. All bids shall be on the forms provided, or on forms that duplicate the information in the exact order presented. Telegraphic, electronic mail, links to on-line information or fax machine bids cannot be considered.
14. The bid documents must be submitted with original ink signatures, by the person authorized to sign the bid. The person signing the bid shall initial erasures, interlineations or other modifications in the bid document. Failure to properly sign the bid documents or to make other notations as indicated may result in rejection of bid.
15. Mistakes may be corrected prior to bid opening, but shall be initialed by the person signing the bid documents. Corrections and/or modifications received after the opening time will not be accepted, except as authorized by applicable rule, regulation or statute and the ESCNJ.
16. In case of an error in extension of prices in the bid, unit prices shall govern.
Periods of time, stated as a number of days, shall be in calendar days, not business days unless noted otherwise.
17. It is the responsibility of all respondents to examine the entire RFB package, to seek clarification of any item or requirement that may not be clear, and to check all responses for accuracy before submitting a bid. Negligence in preparing a bid confers no right of withdrawal after due time and date.
18. The respondents’ ability to follow the bid preparation instructions set forth in this solicitation will also be considered to be an indicator of the respondents’ ability to follow instructions should they receive an award as a result of this solicitation. Any contract between the ESCNJ and a respondent requires the delivery of information and data. The quality of organization and writing reflected in the bid will be considered to be an indication of the quality of organization and writing which would be prevalent if a contract was awarded. As a result, the bid will be evaluated as a sample of data submission.
The Excel sheet entitled “ESCNJ Participants” lists the premises (locations) by school district/municipality location and historical usage should be downloaded with the bid specifications.
1. Project Background and Scope
ESCNJ is in the process of reviewing power supply options for its facilities located in the Public Service Electric supply territory.
ESCNJ will sign the Letter of Authorization for any supplier so that detailed usage information may be obtained directly from the utility.
2. Project Objectives and Approach
This request for bid (RFB) is being issued to select a natural gas supplier. This Bid is structured to ensure an approach that maximizes the value delivered to ESCNJ.
Please ensure that your responses to the Bid requirements are answered completely. Any proposals for additional service offerings are welcomed.
The primary objectives of this bid are to:
▪ Determine viable suppliers and their respective products.
▪ Receive proposal with competitive pricing.
▪ Receive flexible contract terms.
This Bid and the subsequent evaluation process are designed to ensure that ESCNJ achieves the objectives listed above.
Our goal is to complete this process by 5/05/2020 with the implementation of the supply contract commencing on the December meter reads.
Please follow the instructions in the next section to ensure that your submitted response is eligible for evaluation.
RFB Instructions and Event Calendar
2.1. ESCNJ REPRESENTATION
All contact and questions with regard to this bid must be made by e-mail only through the ESCNJ consultant. Discussion with other parties within or associated with ESCNJ may result in disqualification from this process. For the purposes of this RFB, the ESCNJ representative is:
John Berg
Regional Sales Director
Good Energy, L.P.
201-546-2986
john@
2.2. Bid Instructions & Event Calendar
Suppliers are required to submit their bid response to ESCNJ by the date and time specified in Table 2.3, the ‘Event Calendar’ below. One hard copy and one electronic copy of all required documents must be submitted to the ESCNJ prior to opening of bids. Pricing will be submitted by e-mail to bids@ESCNJ.k12.nj.us between 11:45 a.m. & 12:00 p.m.
IT IS REQUIRED THAT BIDDERS COMPLETE AND TRANSMIT TO THE ESCNJ ALL REQUIRED SIGNED DOCUMENTS PRIOR TO THE DEADLINE OF 12:00 P.M.. ON MAY 05, 2020 SAMPLES OF THE REQUIRED DOCUMENTS ARE CONTAINED IN THESE SPECIFICATIONS.
Any bid responses received after the due date will not be accepted at the ESCNJ. Failure to comply with this requirement will result in rejection of the response.
TABLE 2.3 RFB EVENT CALENDAR
|RFB EVENT |DATE |
|DISTRIBUTION OF BID; BID RESPONSE PERIOD BEGINS |4/07/2020 |
|BIDDERS SUBMIT TEST EMAIL BY |4/17/2020 |
|BIDDERS SUBMIT CLARIFYING QUESTIONS TO CONSULTANT BY: |4/21/2020 4 P.M. |
|ESCNJ PROVIDES ANSWERS TO BIDDER QUESTIONS |4/24/2020 |
|Bid Responses due |5/05/2020 12:00 PM |
|Bid analysis complete |5/05/2020 |
|Bid Award announced; Execution of Contract |5/05/2020 |
|New program commences |First Meter Read December 2020 for |
| |SJG and E -Town |
| |First Meter Read |
| |January 2021 for PSEG and NJNG |
Any changes or alterations to this schedule will be communicated to all participants. If you have any questions, please submit them via e-mail to john@
Pricing Instructions
1) The pricing template should be downloaded along with the bid specifications Only one electrical supplier will be chosen per LDC. Please be advised that the Newark Housing Authority load is to be priced separately.
2) Pricing will be accepted by email between 11:45 a.m. and 12:00 p.m. EST on 5/05/2020 at the following email address: bids@ESCNJ.k12.nj.us . Please send a clearly identified test email (including BID number) by 4/17/2020 to ensure that your bid will be received on 5/05/2020
3) Bids will be reviewed at 1660 Stelton Road, Piscataway, New Jersey and a supplier will be chosen. Bidders wishing to attend the bid opening may do so by Zoom.us. A link to the opening will be placed on the commission website at escnj.us
4) It is anticipated that contracts will be offered that afternoon by 2:00 p.m. EST. The contract offered must be signed and returned within 48 hours, not including holidays or weekends.
Additional Guidelines and Terms
Please carefully review the following guidelines and terms that apply to this Bid. Responses to this Bid will be interpreted as an understanding and acceptance of these additional guidelines and terms:
A) Disclaimer - This Bid does not constitute an offer by ESCNJ to enter into a contract, nor does any
response to this Bid constitute an acceptance of an offer, nor does any response to this RFB bind ESCNJ in any way. Additionally, any costs incurred in responding to this Bid are the responsibility of the bidder.
B) Right of Rejection / Consideration – ESCNJ reserves the right to reject or consider any or all responses. ESCNJ reserves the right to waive any irregularity contained in any response.
C) Award of Contract - To the extent that ESCNJ awards contracts, they will be awarded to Suppliers deemed best suited by ESCNJ, in its sole discretion, to meet ESCNJ’s requirements.
D) Volumes and Business Profile - All volumes and business profiles are projections only.
2.4. Contract Terms:
1) Bidders shall submit contracts to Mr. John Berg at john@ by 4/21/2020
2) Does your firm have any limitations on term? If so, what are the limits?
3) Does your firm offer the ability to add and/or delete accounts from the contract at the same contracted rate? If so, what limits if any are applied to this option?
2.5. Value-Added Services:
1) Will your firm provide the name of a single-point-of-contact (SPOC) person to ESCNJ who will be accountable for all issues associated with any issue?
2) Will the SPOC be in a customer service/account manager role, or a sales role?
3) Does your firm provide access to billing and usage information for customers via a website? Is there a charge for access to this information? If so, describe how the charge is calculated.
4) Does your firm provide access to interval data via a website?
5) Does your firm provide the option to email copies of the bills to the customer?
6) What other value-added services will your firm provide to members of this pool?
2.6. References/Customer Testimonies
(1) Please provide two customer references of customers that are of similar or greater size and are currently, or have been in the past, on a more “managed” agreement. Please provide a summary of your company’s qualifications to serve the ESCNJ’s requirements pursuant to this Bid, including summary financial data, number of customers served nationwide and size of portfolio expressed as dth’s.
2.7. Clarifying Questions
Any questions regarding this Bid should be submitted to John Berg by 2:00 PM on 4/21/2020
BID PROPOSAL FORM
NATURAL GAS BID #ESCNJ 20/21-11
Educational Services Commission of New Jersey (ESCNJ)
May 05, 2020@ 12:00 pm
|Same form for all Utilities: |
| |
|12 months: |$ NYMEX |
|12 months: |$ BASIS |
|12 month: |$ _________________ Total |
| |
|24 months: |$ NYMEX ** |
|24 months: |$ BASIS *** |
| |$ ________________ Total |
| |
An administrative fee per Dekatherm is $.065 must be included in the bidder’s price. This fee should be payable on a quarterly basis directly to ESCNJ and shall also include a complete accounting as to all participant’s usage during the quarter for which payment is rendered.
Do not include New Jersey Energy Reform Tax.
Contract term will commence on December 1, 2020 for SJG and E-Town, and January 1, 2021 for PSEG and NJNG.
Company Name:
Company Address: Email:
Printed Name: Fax #:
Authorized Signature Telephone #:
AGREEMENT BETWEEN BUYER AND SELLER FOR
FIRM TRANSPORTATION GAS DELIVERIES
THIS AGREEMENT, is dated as of the __________________ day of _____________________ in the year 2020 by
and between_________________________________________________________________ (hereinafter
called BUYER) and_______________________________________________________ (hereinafter called SELLER).
BUYER and SELLER, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. DELIVERIES AND SERVICES
SELLER shall complete all Deliveries and Services as specified or indicated in the Contract Documents.
The Deliveries and Services are generally described as follows:
delivery and sale of Transportation Gas to the BUYER including transporting and delivery to the Local Distribution Company's Point of Delivery and nominating, scheduling, and balancing such deliveries for Transportation Gas that is to be consumed at BUYER's Premises.
2. COORDINATING AGENCY
The Educational Services Commission of New Jersey (ESCNJ) is serving as the lead agency for the purchase of natural gas under Bid No. 20/21-11 All financial responsibilities for payment of invoices rest with the individual Co-op Member. ESCNJ assumes no responsibility for payment of invoices for other members of the cooperative.
3. CONTRACT TERM
For the Public Service Electric and Gas territory, the contract term will commence on December 1, 2020.
The Educational Services Commission of New Jersey reserves the right to negotiate a renewal of this bid for up to an additional 24 months and blend and extend when deemed beneficial to the districts/municipalities with the concurrence of the vendor.
4. CONTRACT PRICE
BUYER shall pay SELLER monthly for Deliveries and Services an amount in current funds equal to $_______________ per Decatherm.
5. PAYMENT PROCEDURES
Invoices and payments shall be made monthly with the period covered by each invoice the same as the period of the LDC's monthly bill to the BUYER.
6. LIQUIDATED DAMAGES
BUYER and SELLER agree that activities at BUYER's Premises are important services which should not be interrupted and therefore that finding another supplier if SELLER can not delivery will require substantial and urgent effort by the BUYER. BUYER and SELLER recognize the expense and difficulty in proving actual loss by BUYER if SELLER can not deliver. Accordingly, BUYER and SELLER agree that, if BUYER, where permitted under the terms of service and delivery requirements, selects another supplier of Gas or an alternate fuel upon failure of SELLER to deliver, SELLER within thirty days after the interruption of SELLER's deliveries shall pay BUYER an amount equal to $1,000 times the number of Premises named on forms attached as liquidated damages but not as penalty. This provision is not intended to waive or release buyer's claim for actual damages where they are capable of reasonable calculations at Buyer's option.
7. SELLER'S REPRESENTATIONS
In order to induce BUYER to enter into this AGREEMENT SELLER makes the following representations:
SELLER has examined and carefully studied the Contract Documents and other related
data in the Bid Specifications and that they have the present ability to perform in accordance with the terms and conditions of the specifications.
8. INSURANCE
The successful bidder will carry insurance to indemnify the Educational Services Commission of New Jersey for loss, damage or injury to property or persons arising out of the performance of the contractor or his/her employees and agents or the services covered by the contract and the use, misuse or failure of any equipment used by the contract or his employees or agents and shall provide certificates of such insurance to the Commission.
The contractor expressly understands and agrees that any insurance protection or other liability guarantees required or requested by this contract shall in no way limit the contractor’s obligations assumed in the contract, and shall not be construed to relieve the contractor from liability in excess of such coverage or guarantees, nor shall it preclude the Commission from taking such other actions as are available to it under any provision of this contract or otherwise in law.
Within ten (10) days after receipt of the notification that the contract agreement is ready for signature, the successful bidder shall furnish the Commission with Certificates of Insurance evidencing that he/she has obtained insurance coverage in the following amounts:
A. Workmen’s Compensation – in satisfaction of New Jersey Statute.
B. Contractor’s Public Liability – the Contractor shall procure and shall maintain during the life of the contract, Public Liability Insurance and Property Damage Insurance including Independent Contractor’s Completed Operations and Contractual Liability Insurance in the amount of $1,000,000.00 Combined Single Limit.
All Certificates shall stipulate that the insurance will not be changed or canceled without giving thirty (30) days prior written notice to the Commission by registered mail.
INDEMNITY
The Contractor shall hold and save harmless, the Commission, the Co-op Members and the Commission’s employees, from liability of any nature or kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract.
If it becomes necessary for the contractor or its’ agent(s) or other contractor to, as principal or as agent or employee, to enter upon the premises or property of the Commission in order to construct, erect, inspect, make delivery or remove property hereunder, the vendor hereby covenants and agrees to take, use, provide and make all proper, necessary and sufficient precaution, safeguards and protection against the occurrence of happenings of any accidents, injuries, damages or hurt to any person or property during the progress of the work herein covered, and to be responsible for, and to indemnify and save harmless the Commission from the payment of all sums of money by reason of all, or any such accidents, injuries, damages or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any local entity regulation, or the laws of the state, or the United States, while the said work is in progress.
9. MISCELLANEOUS
No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Consent will not be unreasonably withheld.
BUYER and SELLER each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.
Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon BUYER and SELLER, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
Except as otherwise provided in this Agreement, failure of either Party to require performance of any provision shall not affect the right to thereafter require full performance of that provision. The waiver by either Party of a breach of any provision shall not constitute a waiver of any subsequent breach or nullify the effectiveness of such provision.
This Agreement shall be governed by and construed in accordance with the internal laws of the State of New Jersey, excluding, however, any such law which would direct the application of the law of a different jurisdiction. The Parties hereby submit to the jurisdiction of the state and federal courts in the State of New Jersey and waive any right to which they may be entitled to submit a dispute under the laws or courts of another jurisdiction.
IN WITNESS WHEREOF, BUYER and SELLER have signed this Agreement in duplicate. One counterpart each has been delivered to BUYER and SELLER. All portions of the Contract Documents have been signed, initialed or identified by BUYER and SELLER.
BUYER: _____________________ SELLER: _________________________________
_____________________________ ___________________________________
By: _________________________ By: _________________________________
[CORPORATE SEAL] [CORPORATE SEAL]
Attest: _______________________ Attest: ______________________________
Address for giving notices: Address for giving notices:
______________________________ ____________________________________
______________________________ ____________________________________
______________________________ ____________________________________
REQUIRED EVIDENCE
AFFIRMATIVE ACTION REGULATIONS
P.L. 1975, C. 127 (N.J.A.C. 17:27)
If awarded a contract, all procurement and service contractors will be required to comply with the requirements of P.L. 1975, C. 127, (N.J.A.C. 17:27). Within seven (7) days after receipt of the notification of intent to award the contract or receipt of the contract, whichever is sooner, the contractor should present one of the following to the Purchasing Agent:
1. A photocopy of a valid letter from the U.S. Department of Labor that the contractor has an existing federally-approved or sanctioned Affirmative Action Plan (good for one year form the date of the letter).
OR
2. A photocopy of approved Certificate of Employee Information Report.
OR
3. An Affirmative Action Employee Information Report (Form AA302)
OR
4. All successful construction contractors must submit within three days of the signing of the contract an Initial Project Manning Report (AA201) for any contract award that meets or exceeds the Public Agency bidding threshold (available upon request).
NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE ACTION REGULATIONS OF P.L. 1975, C. 127.
The following questions must be answered by all bidders:
1. Do you have a federally-approved or sanctioned Affirmative Action Program?
YES_____ NO _____
2. Do you have a Certificate of Employee Information Report Approved?
YES_____ NO _____
If yes, please submit a copy of such certificate.
The undersigned contractor certifies that he is aware of the commitment to comply with the requirements of P.L. 1975, C. 127 and agrees to furnish the required documentation pursuant to the law.
COMPANY: SIGNATURE:
TITLE:
Note: A contractor’s bid must be rejected a non-responsive if a contractor fails to comply with requirements of P.L. 1975, C. 127, within the time frame.
RETURN WITH BID
(REVISED 4/10)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
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 ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, 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 equal employment opportunity 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 Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.
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.
The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.
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.
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.
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.
The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at state.nj.us/treasury/contract_compliance)
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU.EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.
Signature:
Company:
Name:
Date:
INSTRUCTIONS FOR COMPLETING THE
EMPLOYEE INFORMATION REPORT (FORM AA302)
To download the AA302 form click this link:
IMPORTANT: READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE FORM. PRINT OR TYPE ALL INFORMATION. FAILURE TO PROPERLY COMPLETE THE ENTIRE FORM AND TO SUBMIT THE REQUIRED $150.00 NON-REFUNDABLE FEE MAY DELAY ISSUANCE OF YOUR CERTIFICATE. IF YOU HAVE A CURRENT CERTIFICATE OF EMPLOYEE INFORMATION REPORT, DO NOT COMPLETE THIS FORM UNLESS YOUR ARE RENEWING A CERTIFICATE THAT IS DUE FOR EXPIRATION. DO NOT COMPLETE THIS FORM FOR CONSTRUCTION CONTRACT AWARDS.
ITEM 1 - Enter the Federal Identification Number assigned by the Internal Revenue Service, or if a Federal Employer Identification Number has been applied for, or if your business is such that you have not or will not receive a Federal Employer Identification Number, enter the Social Security Number of the owner or of one partner, in the case of a partnership.
ITEM 2 - Check the box appropriate to your TYPE OF BUSINESS. If you are engaged in more than one type of business check the predominate one. If you are a manufacturer deriving more than 50% of your receipts from your own retail outlets, check “Retail”.
ITEM 3 - Enter the total “number” of employees in the entire company, including part-time employees. This number shall include all facilities in the entire firm or corporation.
ITEM 4 - Enter the name by which the company is identified. If there is more than one company name, enter the predominate one.
ITEM 5 - Enter the physical location of the company. Include City, County, State and Zip Code.
ITEM 6 - Enter the name of any parent or affiliated company including the City, County, State and Zip Code. If there is none, so indicate by entering “None” or N/A.
ITEM 7 - Check the box appropriate to your type of company establishment. “Single-establishment Employer” shall include an employer whose business is conducted at only one physical location. “Multi-establishment Employer” shall include an employer whose business is conducted at more than one location.
ITEM 8 - If “Multi-establishment” was entered in item 8, enter the number of establishments within the State of New Jersey.
ITEM 9 - Enter the total number of employees at the establishment being awarded the contract.
ITEM 10 - Enter the name of the Public Agency awarding the contract. Include City, County, State and Zip Code. This is not applicable if you are renewing a current Certificate.
ITEM 11 - Enter the appropriate figures on all lines and in all columns. THIS SHALL ONLY INCLUDE EMPLOYMENT DATA FROM THE FACILITY THAT IS BEING AWARDED THE CONTRACT. DO NOT list the same employee in more than one job category. DO NOT attach an EEO-1 Report.
Racial/Ethnic Groups will be defined:
Black: Not of Hispanic origin. Persons having origin in any of the Black racial groups of Africa.
Hispanic: Persons of Mexican, Puerto Rican, Cuban, or Central or South American or other Spanish culture or origin, regardless of race.
American Indian or Alaskan Native: Persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition.
Asian or Pacific Islander: Persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian Sub-continent or the Pacific Islands. This area includes for example, China, Japan, Korea, the Philippine Islands and Samoa.
Non-Minority: Any Persons not identified in any of the aforementioned Racial/Ethnic Groups.
ITEM 12 - Check the appropriate box. If the race or ethnic group information was not obtained by 1 or 2, specify by what other means this was done in 3.
ITEM 13 - Enter the dates of the payroll period used to prepare the employment data presented in Item 12.
ITEM 14 - If this is the first time an Employee Information Report has been submitted for this company, check block “Yes”.
ITEM 15 - If the answer to Item 15 is “No”, enter the date when the last Employee Information Report was submitted by this company.
ITEM 16 - Print or type the name of the person completing the form. Include the signature, title and date.
ITEM 17 - Enter the physical location where the form is being completed. Include City, State, Zip Code and Phone Number.
TYPE OR PRINT IN SHARP BALL POINT PEN
THE VENDOR IS TO COMPLETE THE EMPLOYEE INFORMATION REPORT FORM (AA302) AND RETAIN A COPY FOR THE VENDOR’S OWN FILES. THE VENDOR SHOULD ALSO SUBMIT A COPY TO THE PUBLIC AGENCY AWARDING THE CONTRACT IF THIS IS YOUR FIRST REPORT AND FORWARD ONE COPY WITH A CHECK IN THE AMOUNT OF $150.00 PAYABLE TO THE TREASURER, STATE OF NEW JERSEY (FEE IS NON-REFUNDABLE) TO:
NJ Department of the Treasury
Division of Public Contracts Equal Employment Opportunity Compliance
P.O. Box 206
Trenton, New Jersey 08625-0206 Telephone No. (609) 292-5473
NON-COLLUSION AFFIDAVIT
State of New Jersey
County of _________________________
I, residing in
(name of affiant) (name of municipality)
in the County of and State of of full age, being duly sworn according to law on my oath depose and say that:
I am of the firm of
(title or position) (name of firm)
the bidder making this Proposal for the bid proposal entitled
(title of proposal)
and that I executed the said proposal with full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the relies upon the truth of the
(name of contracting unit)
statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said project.
I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by .
Subscribed and sworn to
Before me this day
20__
(Type or print name of affiant under signature)
Notary public of
My Commission expires 20__
To be completed and signed below. Return with Bid
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.
Name of Organization: _____________________________________________________________
Organization Address: _____________________________________________________________
City, State, ZIP: __________________________________________________________________
Part I Check the box that represents the type of business organization:
πSole Proprietorship (skip Parts II and III, execute certification in Part IV)
πNon-Profit Corporation (skip Parts II and III, execute certification in Part IV)
πFor-Profit Corporation (any type) πLimited Liability Company (LLC)
πPartnership πLimited Partnership πLimited Liability Partnership (LLP)
πOther (be specific): ______________________________________________
Part II Check the appropriate box
π The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION)
OR
π No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
| | |
|Name of Individual or Business Entity |Home Address (for Individuals) or Business Address |
| | |
| | |
| | |
| | |
Part III -DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.
|Website (URL) containing the last annual SEC (or foreign equivalent) filing |Page #’s |
| | |
| | |
| | |
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.
|Stockholder/Partner/Member and Corresponding Entity Listed in Part II|Home Address (for Individuals) or Business Address |
| | |
| | |
| | |
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the ESCNJ and/or its members is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with the ESCNJ and/or its members to notify the ESCNJ and/or its members in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the ESCNJ and/or its members to declare any contract(s) resulting from this certification void and unenforceable.
|Full Name (Print): | |Title: | |
|Signature: | |Date: | |
This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.
Educational Services Commission of New Jersey
Business Office
1660 Stelton Road
Piscataway New Jersey 08854
Chapter 271
Political Contribution Disclosure Form
(Contracts that Exceed $17,500.00)
Ref. N.J.S.A. 52:34-25
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that ______________________________________________________(Business Entity) has made the following reportable political contributions to any elected official, political candidate or any political committee as defined in N.J.S.A. 19:44-20.26 during the twelve (12) months preceding this award of contract:
Reportable Contributions
|Date of |Amount of |Name of Recipient |Name of |
|Contribution |Contribution |Elected Official/ |Contributor |
| | |Committee/Candidate | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
The Business Entity may attach additional pages if needed.
____________________________________________________________________________________________
( No Reportable Contributions (Please check (() if applicable.)
I certify that _______________________________________(Business Entity) made no reportable contributions to any elected official, political candidate or any political committee as defined in N.J.S.A. 19:44-20.26.
Certification
I certify, that the information provided above is in full compliance with Public Law 2005—Chapter 271.
Name of Authorized Agent ____________________________________________________________
Signature _________________________________ Title ____________________________________
Business Entity______________________________________________________________________
P.L. 2005, c.271
(Unofficial version, Assembly Committee Substitute to A-3013, First Reprint*)
AN ACT authorizing units of local government to impose limits on political contributions by contractors and supplementing Title 40A of the New Jersey Statutes and Title 19 of the Revised Statutes.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
40A:11-51 1. a. A county, municipality, independent authority, board of education, or fire district is hereby authorized to establish by ordinance, resolution or regulation, as may be appropriate, measures limiting the awarding of public contracts therefrom to business entities that have made a contribution pursuant to P.L.1973, c.83 (C.19:44A-l et seq.) and limiting the contributions that the holders of a contract can make during the term of a contract, notwithstanding the provisions and parameters of sections 1 through 12 of P.L.2004, c.19 (C. 19:44A-20.2 et al.) and section 22 of P.L.1973, c.83 (C.19:44A-22).
b. The provisions of P.L.2004, c.19 shall not be construed to supersede or preempt any ordinance, resolution or regulation of a unit of local government that limits political contributions by business entities performing or seeking to perform government contracts. Any ordinance, resolution or regulation in effect on the effective date of P.L.2004, c.19 shall remain in effect and those adopted after that effective date shall be valid and enforceable.
c. An ordinance, resolution or regulation adopted or promulgated as provided in this section shall be filed with the Secretary of State.
52:34-25 2. a. Not later than 10 days prior to entering into any contract having an anticipated value in excess of $17,500, except for a contract that is required by law to be publicly advertised for bids, a State agency, county, municipality, independent authority, board of education, or fire district shall require any business entity bidding thereon or negotiating therefor, to submit along with its bid or price quote, a list of political contributions as set forth in this subsection that are reportable by the recipient pursuant to the provisions of P.L.1973, c.83 (C.19:44A-l et seq.) and that were made by the business entity during the preceding 12 month period, along with the date and amount of each contribution and the name of the recipient of each contribution. A business entity contracting with a State agency shall disclose contributions to any State, county, or municipal committee of a political party, legislative leadership committee, candidate committee of a candidate for, or holder of, a State elective office, or any continuing political committee. A business entity contracting with a county, municipality, independent authority, other than an independent authority that is a State agency, board of education, or fire district shall disclose contributions to: any State, county, or municipal committee of a political party; any legislative leadership committee; or any candidate committee of a candidate for, or holder of, an elective office of that public entity, of that county in which that public entity is located, of another public entity within that county, or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county, or any continuing political committee.
The provisions of this section shall not apply to a contract when a public emergency requires the immediate delivery of goods or services.
b. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the
P.L. 2005, c271
Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall be deemed to be a contribution by the business entity.
c. As used in this section:
"business entity" means a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction;
"interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate; and
"State agency" means any of the principal departments in the Executive Branch of the State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department, the Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch, and any independent State authority, commission, instrumentality or agency.
d. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which may be based upon the amount that the business entity failed to report.
19:44A-20.13 3. a. Any business entity making a contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative leadership committee, political committee or continuing political committee, which has received in any calendar year $50,000 or more in the aggregate through agreements or contracts with a public entity, shall file an annual disclosure statement with the New Jersey Election Law Enforcement Commission, established pursuant to section 5 of P.L.1973, c.83 (C.19:44A-5), setting forth all such contributions made by the business entity during the 12 months prior to the reporting deadline.
b. The commission shall prescribe forms and procedures for the reporting required in subsection a. of this section which shall include, but not be limited to:
(1) the name and mailing address of the business entity making the contribution, and the amount contributed during the 12 months prior to the reporting deadline;
(2) the name of the candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, candidate committee, joint candidates committee, political party committee, legislative leadership committee, political committee or continuing political committee receiving the contribution; and
(3) the amount of money the business entity received from the public entity through contract or agreement, the dates, and information identifying each contract or agreement and describing the goods, services or equipment provided or property sold.
c. The commission shall maintain a list of such reports for public inspection both at its office and through its Internet site.
P.L. 2005,c271
d. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity, or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall be deemed to be a contribution by the business entity.
As used in this section:
---
"business entity" means a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction; and
"interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate.
e. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which may be based upon the amount that the business entity failed to report.
4. This act shall take effect immediately.
* Note: Bold italicized statutory references of new sections are anticipated and not final as of the time this document was prepared. Statutory compilations of N.J.S.A. 18A:18A-51 is anticipated to show a reference to N.J.S.A. 40A:11-51 and to N.J.S.A. 52:34-25.
To: All Vendors
Re: Advisory Notice
C57, Laws of 2004 (S1778 signed 6/29/04)
You are alerted to this law that expands the State Contractor Business Registration Program to local government contracts (including purchase orders/vouchers) effective September 1, 2004. It applies to both quotations below the threshold and purchases above the threshold.
“Business organization” means an individual, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof.
The law provides that:
A copy of the Business Registration Certificate issued by the NJ Dept. of Treasury shall be provided prior to the award of the bid.
A copy of the Business Registration Certificate shall be submitted before any purchase order or other contracting document can be issued;
Contractors are responsible for notifying subcontractors.
It is anticipated that the Dept. of Treasury will promulgate rules which may require further communication at a later date. If you have any questions, please call the Treasury Department Hotline at 609-292-1730.
NJ Business Registration Form
All vendors must have a valid Business Registration Certificate (BRC) from the Department of the Treasury, Division of Revenue prior to conducting business in the State of New Jersey and prior to receiving the award of a contract with a public entity.
[pic]
For more information on how to obtain a Business Registration Certificate, please visit the State of New Jersey, Department of the Treasury, Division of Revenue and Enterprise Services website at:
. A valid Business Registration Certificate must be provided to the ESCNJ before the award of a contract can be made.
APPENDIX A
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The contractor and the Educational Services Commission of New Jersey (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.
The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.
It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.
Signature:
Company:
Name:
Date:
To be completed and signed below. Return with Bid
Acknowledgement of Addenda
Bid Number ESCNJ 20/21-11 Bid Date: May 05, 2020
The bidder acknowledges receipt of the hereinafter enumerated Addenda which have been issued during period of bidding and agrees that said Addenda shall become a part of this contract. The bidder shall list below the numbers and issuing dates of the Addenda.
ADDENDA NO. ISSUING DATES
( No Addenda Received
Name of Company
Address ___________________________________________________ P.O. Box
City, State, Zip Code
Name of Authorized Representative
Signature ___________________________________ Date
Educational Services Commission of New Jersey
Business Office
1660 Stelton Road
Piscataway, New Jersey 08854
ADVISORY INFORMATION FOR BIDDERS
1. Promptness of Bid Submittal
It is the responsibility of the bidder to ensure that their bid is presented at the Educational Services Commission of New Jersey Business Office located at 1660 Stelton Road in Piscataway on the second floor of the Bright Beginnings Learning Center before the date and time fixed for closure of the bid period. No extensions or exceptions will be made. The Business Office is opened Monday through Friday from 8:30 am– 4:00 pm according to the school calendar.
2. Mail
Mail is brought to the Commission Business Office between approximately 12:30 am and 2:00 pm. The mail is then sorted within the district by departments.
3. UPS/FED EX/ and other Express Delivery Services
Please ensure that all bids are addressed to the second floor of the Bright Beginnings Learning Center at 1660 Stelton Road in Piscataway,
New Jersey 00854. The Commission accepts no responsibility for bids not delivered to the designated location on time.
Keeping the aforementioned items in mind, the Commission suggests that bidders arrange to hand deliver their bid to the Business Office and personally turn it into the Purchasing Agent before the time set for closure of the bid period. Please understand that bids arriving after the advertised date and time for any reason can not be accepted or opened.
EDUCATIONAL SERVICES COMMISSION OF NEW JERSEY
BID DOCUMENT CHECKLIST
(Please use as checklist for compliance)
Read, Signed & Submitted
Statement of Ownership Certification
Non-Collusion Affidavit
Bid Proposal Form
Mandatory Affirmative Action Language
Americans with Disabilities Act Language
New Jersey Business Registration Certificate
Disclosure of Investment Activities in Iran
Political Contribution Disclosure Form
Addenda Acknowledgement if applicable
Affirmative Action Evidence
Contractor Vendor Questionnaire Certification
Statement of Suspension or Debarment
Signed and dated contract
Request for Clarification
Vendor Contact Form
Contractor/Vendor Questionnaire/Certification
Bid Number ESCNJ 20/21-11 Bid Date 5/05/2020
Title of Bid Transportation of Natural Gas
I have read all attachments to these bid specifications and agree to comply with all elements of the specifications.
ALL ITEMS BELOW MUST BE COMPLETED:
Name: _______________________________
Signature: _______________________________
Title: _______________________________
Date: _______________________________
Company: _______________________________
Address: _______________________________
_______________________________
_______________________________
Telephone #: _______________________________
Fax #: _______________________________
E-mail Address: _______________________________
Years in Business Number of Employees
References –
Name of District Contact Person Telephone Type of Work
1.
2.
3.
Certification
I declare and certify that no member of the Educational Services Commission of New Jersey, nor any officer or employee or person whose salary is payable in whole or in part by said Commission is directly or indirectly interested in this bid or in the supplies, materials, equipment, work or services to which it relates, or in any portion of profits thereof. If a situation so exists where a Commission member, employee, officer of the board has an interest in the bid, etc., then please attach a letter of explanation to this document, duly signed by the president of the firm or company.
President or Authorized Agent
Signature
Statement of Suspension or Debarment
STATE OF NEW JERSEY/
Specify, of other
COUNTY OF
I, of the (City, Town, Borough)
of State of of full age,
being duly sworn according to law on my oath depose and say that:
I am of the firm
of the Bidder
making the Proposal for the above named projects, and that I executed the said Proposal with full authority to do so; that said Bidder is not at the time of the making this bid included on the New Jersey State Treasurer’s or the Federal Government’s List of Debarred, Suspended or Disqualified Bidders as a result of action taken by any State or Federal Agency.
Name of Contractor: (Company Name)
By:
(Signature of authorized representative)
Subscribed and sworn to before me
This day of , 20 .
(Seal) Notary Public of New Jersey/
Specify Other State
My Commission expires 20 .
EXHIBIT _________
REQUESTS FOR CLARIFICATIONS FORM – PAGE 1
Pursuant to Paragraph ______ of the IFB:
ANY ISSUES THAT A BIDDER MAY HAVE WITH REGARD TO THE LEGAL OR TECHNICAL TERMS OF THE INVITATION FOR BIDS MUST BE RAISED IN THE QUESTION PERIOD AND RESOLVED BEFORE THE SUBMISSION OF A PROPOSAL. ACCEPTED BIDS WILL BE SUBJECT TO THE TERMS CONTAINED HEREIN AND IN THE CORE FORMS OF AGREEMENT ATTACHED AS EXHIBIT _______.
IF A BIDDER HAS A FORM OF AGREEMENT, LICENSE AGREEMENT OR OTHER TERMS AND CONDITIONS THAT ARE INTENDED TO BE PART OF THE BID, THE BIDDER SHOULD SUBMIT SUCH AGREEMENT OR TERMS AND CONDITIONS DURING THE QUESTION PERIOD AND ASK IF THEY ARE ACCEPTABLE.
PLEASE NOTE: 1) THIS FORM IS NOT TO BE CONSIDERED AS A REQUIREMENT TO SUBMIT ALTERNATE “OR EQUAL” PRODUCTS FOR PRIOR APPROVAL. 2) ANY REQUESTED MODIFICATIONS RESULTING TO A MATERIAL CHANGE IN THE TERMS AND CONDITIONS WILL RESULT IN A FORMAL ADVERTISED ADDENDUM ISSUED TO ALL BIDDERS.
ANY REQUEST FOR MODIFICATION NOT RESULTING IN A FORMAL ADDENDUM IS DEEMED TO BE REJECTED.
FINAL BIDS CONTAINING MATERIAL DEVIATIONS WILL BE REJECTED.
If the Bidder seeks to request consideration of forms of agreement, license agreements or to modify core terms and conditions of the specifications or other criteria contained in this IFB and any addenda, they must be clearly stated below and on separate pages if necessary and attached to this page to be returned with your proposal.
I have read and understand the Requests for Clarifications Form. Please check one box below.
( I AM requesting clarifications to this IFB.
( I AM NOT requesting clarifications to this IFB.
Company Name _______________________________________________________
Authorized Signature _______________________________________________________
Company Address _______________________________________________________
_______________________________________________________
Printed Name _______________________________________________________
Title _______________________________________________________
Telephone _______________________________________________________
REQUESTS FOR CLARIFICATIONS FORM – PAGE 2
REQUESTED MODIFICATIONS, CLARIFICATIONS OR DOCUMENTS TO BE CONSIDERED ARE NOTED AS FOLLOWS:
Please attach copies of any documents to be considered.
Exceptions also noted on the __________________.
Acceptance of Bid and Contract Award
Bid #: ESCNJ 20/21-11 –Transportation of Natural Gas
In compliance with the Request for Bid, the undersigned warrants that I/we have examined the Instructions to Respondents, and, being familiar with all of the conditions surrounding the proposed projects, hereby offer and agree to furnish all labor, materials, and supplies incurred in compliance with all terms, conditions, specifications and amendments in the Request for Bid and any written exceptions to the bid. Signature also certifies understanding and compliance with the certification requirements of the ESCNJ’s Terms and Conditions and any special Terms and Conditions if applicable. The undersigned understands that his/her competence and responsibility and that of any proposed subcontractors, time of completion, as well as other factors of interest to the ESCNJ as stated in the evaluation section will be a consideration in making the award.
Company Name Date
Company Address City State Zip
Contact Person Title
Authorized Signature (ink only) Title
Your bid for contracting services is hereby accepted. As contractor, you are now bound to sell the materials and services listed by the attached bid based upon the solicitation, including all terms, conditions, specifications, amendments as set forth in the Request for Bid. As contractor you are hereby cautioned not to commence any billable work or provide any material or service under this contract until contractor receives an executed purchase order from a Co-op Member. The parties intend this contract to constitute the final and complete agreement between the ESCNJ and contractor, and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall bind any of the parties hereto. No change or modification of this contract shall be valid unless it shall be in writing and signed by both parties to this contract. If any provision of this contract is deemed invalid or illegal by any appropriate court of law, the remainder of this contract shall not be affected thereby. The term of the agreement shall commence on award and continue for up to 24 months unless terminated, canceled or extended in accordance with N.J.A.C. 18A:18A-1 et. seq. by mutual written agreement.
Awarding Agency: Educational Services Commission of New Jersey
Agency Executive:
Patrick M. Moran, SBA/BS
Awarded this day of 2020 Contract Number ESCNJ 20/21-11
BID SPECIFICATIONS FOR THE LABELING OF LIQUID, POWDER AND
GASEOUS SUPPLIES DELIVERED TO CO-OP Members
Transportation of Natural Gas
RIGHT TO KNOW
1. All products that you deliver to the Co-op Members must be labeled in accordance
with the New Jersey Right to Know Law (N.J.S.A. 34:5A-1 et. seq.)
A. The label must list the 5 predominant ingredients and any hazardous chemicals in
the product.
B. Next to each chemical name will be the CAS number of that chemical.
C. The label must be attached to each container (bottle, box, can, bucket, etc.)
2. Material Safety Data Sheets (MSDSs) must accompany the first shipment of the product.
3. The ESCNJ reserves the right to reject any shipment not in compliance with
the above specifications.
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
PART 1: CERTIFICATION
BIDDERS MUST COMPLETE PART 1 BY CHECKING EITHER BOX.
FAILURE TO CHECK EITHER BOX WILL RENDER THE PROPOSAL NON-RESPONSIVE.
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury’s Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at . Bidders must review this list prior to completing the below certification. Failure to complete the certification will render a bidder’s proposal non-responsive. If the Director finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.
PLEASE CHECK EITHER BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the person/entity listed above nor any of the entity’s parents,
subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged in
prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the person listed above,
or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. I will
skip Part 2 and sign and complete the Certification
OR
I am unable to certify as above because I or the bidding entity and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department’s Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below and sign and complete the Certification below. Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.
Part 2
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes below.
PROVIDE INFORMATION RELATIVE TO THE ABOVE QUESTIONS. PLEASE PROVIDE THOROUGH ANSWERS TO EACH QUESTION. IF YOU NEED TO MAKE ADDITIONAL ENTRIES, USE ADDITIONAL PAGES
Name: Relationship to
Bidder/Vendor:
Description of Activities:
Duration of Engagement:
Anticipated Cessation Date Bidder/Vendor
Contact Name: Contact Phone Number:
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the below-referenced person or entity. I acknowledge that the Educational Services Commission of New Jersey is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of contracts with the Educational Services Commission of New Jersey to notify the Educational Services Commission of New Jersey in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreements(s) with the Educational Services Commission of New Jersey and that the Educational Services Commission of New Jersey at its option may declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print): Signature:
Title: Date:
Bidder/Vendor:
Vendor Contact Form
If you are awarded a contract with the ESCNJ, we will post this contact sheet on our website for members to contact. Please complete and include with your bid package. List the individual(s) who will be best equipped to handle calls from our 1,300 Members and have knowledge of your award.
|Bid |Transportation of Natural Gas #ESCNJ 20/21-11 |
|Vendor | |
|Representative | |
|Address | |
|Telephone # | |
|Fax # | |
|Email | |
-----------------------
Supply-Transportation of Natural Gas
Bid No. ESCNJ 20/21-11
May 5, 2020
Bid Opening Date
12:00 P.M.
Bid Opening Time
ACCEPTANCE OF BID
And
CONTRACT AWARD
TO BE COMPLETED BY RESPONDENT
AND SUBMITTED WITH RESPONSE
ACCEPTANCE OF BID AND CONTRACT AWARD TO BE COMPLETED ONLY BY ESCNJ
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