Request for Proposal 07-X For: Paper and Plastic, Disposable: Paper Towels, Napkins & Toilet Tissue

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1 Request for Proposal 07-X For: Paper and Plastic, Disposable: Paper Towels, Napkins & Toilet Tissue Bidder s Electronic Question Due Date (Refer to RFP Section for more information.) Mandatory Pre-bid Conference (Refer to RFP Section for important details about the new electronic bid option.) Mandatory Site Visit (Refer to RFP Section for more information.) Event Date Time 08/30/06 5:00 PM N/A N/A Bid Submission Due Date (Refer to RFP Section for more information.) 9/19/06 2:00 PM Dates are subject to change. All changes will be reflected in Addenda to the RFP posted on the Division of Purchase and Property website. Small Business Set-Aside (Refer to RFP Section for more information.) Status Not Applicable Entire Contract Partial Contract Subcontracting Only Category I II III RFP Issued By Using Agency State of New Jersey Department of the Treasury Division of Purchase and Property Trenton, New Jersey State of New Jersey Distribution and Support Services Date: July 27, 2006

2 Table of Contents NOTICE TO BIDDERS INFORMATION FOR BIDDERS PURPOSE AND INTENT BACKGROUND ELECTRONIC QUESTION AND ANSWER PERIOD SUBMISSION OF BID PROPOSAL ADDITIONAL INFORMATION ADDENDA: REVISIONS TO THIS RFP BIDDER RESPONSIBILITY COST LIABILITY CONTENTS OF BID PROPOSAL PRICE ALTERATION JOINT VENTURE DEFINITIONS GENERAL DEFINITIONS COMMODITY DESCRIPTION/SCOPE OF WORK C-FOLD TYPE III PAPER TOWELS 3.2 AND ROLL TYPE IV PAPER TOWELS TECHNICAL SPECIFICATIONS - C-FOLD, TYPE III PAPER TOWELS CLASSIFICATION: CONSTRUCTION: TECHNICAL SPECIFICATIONS - ROLL TYPE IV PAPER TOWELS PACKAGING FOR C-FOLD & ROLL TYPE PAPER TOWELS RECYCLED PAPER PRODUCT **ESTIMATED QUANTITIES NAPKINS, PAPER SPECIFICATIONS AND OTHER TERMS AND CONDITIONS MATERIAL CERTIFICATION SIZE FORM QUARTER FOLD BASIS WEIGHT DRY TENSILE (GM / INCH) ABSORPTION FINISH PACKAGING ESTIMATED QUANTITES PAPER, TOILET TISSUE PRODUCT SPECIFICATIONS RECYCLING INFORMATION QUALITY ASSURANCE PROVISIONS: DELIVERY REQUIREMENTS: ESTIMATED QUANTITIES BID PROPOSAL PREPARATION AND SUBMISSION GENERAL BID PROPOSAL DELIVERY AND IDENTIFICATION NUMBER OF BID PROPOSAL COPIES BID PROPOSAL CONTENT FORMS THAT MUST BE SUBMITTED WITH BID PROPOSAL SIGNATORY PAGE OWNERSHIP DISCLOSURE FORM DISCLOSURE OF INVESTIGATIONS/ACTIONS INVOLVING BIDDER

3 4.4.2 PROOF OF REGISTRATIONS THAT MUST BE SUBMITTED WITH THE BID PROPOSAL BUSINESS REGISTRATION CERTIFICATE FROM THE DIVISION OF REVENUE SMALL BUSINESS SET-ASIDE CONTRACTS FORMS THAT MUST BE SUBMITTED BEFORE CONTRACT AWARD AND SHOULD BE SUBMITTED WITH THE BID PROPOSAL MACBRIDE PRINCIPLES CERTIFICATION AFFIRMATIVE ACTION SUBMITTALS BIDDER EXPERIENCE - DATA SHEETS SAMPLES/SAMPLE TESTING FINANCIAL CAPABILITY OF THE BIDDER PRICING PRICE SHEETING INSTRUCTIONS SPECIAL CONTRACTUAL TERMS AND CONDITIONS PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS CONTRACT TERM AND EXTENSION OPTION CONTRACT TRANSITION CONTRACT AMENDMENT CONTRACTOR S WARRANTY ITEMS ORDERED AND DELIVERED REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS MANUFACTURING/PACKAGING REQUIREMENTS CLAIMS CONTRACT ACTIVITY REPORT PROPOSAL EVALUATION CONTRACT EVALUATION ORAL PRESENTATION AND/OR CLARIFICATION OF BID PROPOSAL BID DISCREPANCIES CONTRACT AWARD DOCUMENTS REQUIRED BEFORE CONTRACT AWARD REQUIREMENTS OF N.J.S.A. 19:44A (FORMERLY EXECUTIVE ORDER 134) DEFINITIONS BREACH OF TERMS OF THE LEGISLATION CERTIFICATION AND DISCLOSURE REQUIREMENTS STATE TREASURER REVIEW ADDITIONAL DISCLOSURE REQUIREMENT OF P.L. 2005, C FINAL CONTRACT AWARD INSURANCE CERTIFICATES CONTRACT ADMINISTRATION CONTRACT MANAGER STATE CONTRACT MANAGER RESPONSIBILITIES COORDINATION WITH THE STATE CONTRACT MANAGER

4 NOTICE TO BIDDERS SET-ASIDE CONTRACTS N.J.S.A 52:32-17, N.J.A.C. 17:13, 12A:10 Pursuant to the provisions of the New Jersey statute and administrative code cited above, this contract, or a portion thereof, has been designated as a set-aside contract for Small Business. As such, as indicated on page one of this document, eligibility to bid is limited to bidders (or subcontractors, as applicable) that meet statutory and regulatory requirements and have had their eligibility determined by the New Jersey Commerce, Economic Growth and Tourism Commission (Commerce). The definitions of each Small Business set-aside category can be found at N.J.A.C. 17: or N.J.A.C. 12A: "Small Business" means a business that has its principal place of business in the state of New Jersey, is independently owned and operated, and has no more than 100 full-time employees. The new program places Small Business into the following categories: (I) those with gross revenues up to $500,000; (II) those with gross revenues of up to $5 million; and (III) those with gross revenues that do not exceed $12 million. While companies registered as having revenues below $500,000 can bid on any contract, those earning more than the $500,000 and $5 million amounts will not be permitted to bid on contracts designated for revenue classifications below their respective levels. Each business interested in bidding for this contract should provide, as part of its response to this solicitation, proof of its current registration as a qualifying Small Business with the New Jersey Commerce, Economic Growth and Tourism Commission. Any business that seeks to register as a Small Business is required to submit a fee along with its application to Commerce. All necessary forms and any additional information concerning registration may be obtained by contacting Commerce's office of Small Business services, by telephone at the number below, or by mail, or in person between the hours of 9:00 am and 5:00 pm at the address below: NEW JERSEY COMMERCE, ECONOMIC GROWTH AND TOURISM COMMISSION OFFICE OF SMALL BUSINESS SERVICES 20 WEST STATE STREET - 4TH FLOOR PO BOX 820, TRENTON, NJ TELEPHONE:

5 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 Distribution and Support Services (DSS). The purpose of this RFP is to solicit bid proposals for bulk supply of Paper Towels, Paper Napkins and Paper, Toilet Tissue manufactured with recycled paper waste as per the specifications set forth in Section 3.0 Commodity Description/Scope of Work of this RFP. The intent of this RFP is to award (a) contract(s) to that (those) responsible bidder(s) whose bid proposals, conforming to this RFP is (are) most advantageous to the State, price and other factors considered. However, the State reserves the right to separately procure individual requirements that are the subject of the contract during the contract term, when deemed by the Director to be in the State s best interest. The NJ Standard Terms and Conditions version will apply to all contracts or purchase agreements made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this RFP and should be read in conjunction with them unless the RFP specifically indicates otherwise. 1.2 BACKGROUND This RFP reflects a combining of the following three T# contracts which had previously expired. 1) Towels, Paper, C-Fold and Roll Type T#0005; 2) Napkins, Paper T#0041; and 3) Paper, Toilet Tissue T# ELECTRONIC QUESTION AND ANSWER PERIOD The Purchase Bureau will accept questions and inquiries from all potential bidders electronically via web form. To submit a question, please go to Current Bid Opportunities webpage or to Questions should be directly tied to the RFP and asked in consecutive order, from beginning to end, following the organization of the RFP. Each question should begin by referencing the RFP page number and section number to which it relates. Bidders are not to contact the Using Agency directly, in person, by telephone or by , concerning this RFP. The cut-off date for electronic questions and inquiries relating to this RFP is indicated on the cover sheet. Addenda to this RFP, if any, will be posted on the Purchase Bureau website after the cut-off date (see Section of this RFP for further information.) SUBMISSION OF BID PROPOSAL In order to be considered for award, the bid proposal must be received by the Purchase Bureau of the Division of Purchase and Property at the appropriate location by the required time. ANY BID PROPOSAL NOT RECEIVED ON TIME AT THE LOCATION INDICATED BELOW WILL BE REJECTED. THE DATE AND TIME IS INDICATED ON THE COVER SHEET. THE LOCATION IS AS FOLLOWS: 5

6 BID RECEIVING ROOM - 9TH FLOOR PURCHASE BUREAU DIVISION OF PURCHASE AND PROPERTY DEPARTMENT OF THE TREASURY 33 WEST STATE STREET, P.O. BOX 230 TRENTON, NJ Directions to the Purchase Bureau can be found at the following web address: Note: Bidders using USPS Regular or Express mail services should allow additional time since USPS mail deliveries are not delivered directly to the Purchase Bureau. 1.4 ADDITIONAL INFORMATION ADDENDA: REVISIONS TO THIS RFP In the event that it becomes necessary to clarify or revise this RFP, such clarification or revision will be by addendum. Any addendum to this RFP will become part of this RFP and part of any contract awarded as a result of this RFP. ALL RFP ADDENDA WILL BE ISSUED ON THE DIVISION OF PURCHASE AND PROPERTY WEB SITE. TO ACCESS ADDENDA, SELECT THE BID NUMBER ON THE BIDDING OPPORTUNITIES WEB PAGE AT THE FOLLOWING ADDRESS: There are no designated dates for release of addenda. Therefore interested bidders should check the Purchase Bureau "Bidding Opportunities" website on a daily basis from time of RFP issuance through bid opening. It is the sole responsibility of the bidder to be knowledgeable of all addenda related to this procurement BIDDER RESPONSIBILITY The bidder assumes sole responsibility for the complete effort required in submitting a bid proposal in response to this RFP. No special consideration will be given after bid proposals are opened because of a bidder's failure to be knowledgeable as to all of the requirements of this RFP COST LIABILITY The State assumes no responsibility and bears no liability for costs incurred by a bidder in the preparation and submittal of a bid proposal in response to this RFP CONTENTS OF BID PROPOSAL Subsequent to bid opening, all information submitted by bidders in response to the bid solicitation is considered public information, except as may be exempted from public disclosure by the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., and the common law. A bidder may designate specific information as not subject to disclosure when the bidder has a good faith legal/factual basis for such assertion. The State reserves the right to make the determination and will advise the bidder accordingly. The location in the bid proposal of any such designation should be clearly stated in a cover letter. The State will not honor any attempt by a bidder 6

7 either to designate its entire bid proposal as proprietary and/or to claim copyright protection for its entire proposal. All bid proposals, with the exception of information determined by the State to be proprietary, are available for public inspection. Interested parties can make an appointment with the Purchase Bureau to inspect bid proposals received in response to this RFP 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 shall preclude a contract award from being made to the bidder 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, Disclosure of Investigations and Actions Involving Bidder, Affirmative Action Employee Information Report, MacBride Principles Certification, and Business Registration or Interim Registration must be supplied for each party to a joint venture. 7

8 2.0 DEFINITIONS 2.1 GENERAL DEFINITIONS The following definitions will be part of any contract awarded or order placed as result of this RFP. Addendum - Written clarification or revision to this RFP issued by the Purchase Bureau. Amendment - A change in the scope of work to be performed by the contractor after contract award. An amendment is not effective until signed by the Director, Division of Purchase and Property or his/her designee. Bidder A vendor submitting a bid proposal in response to this RFP. Contract - This RFP, any addendum to this RFP, 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 the Treasury. By statutory authority, the Director is the chief contracting officer for the State of New Jersey. Division - The Division of Purchase and Property. Joint Venture A business undertaking by two or more entities to share risk and responsibility for a specific project. May - Denotes that which is permissible, but not mandatory. Request for Proposal (RFP) - This document, which establishes the bidding and contract requirements and solicits bid proposals to meet the purchase needs of [the] Using Agency[ies], as identified herein. Shall or Must - Denotes that which is a mandatory requirement. Should - Denotes that which is recommended, but not mandatory. State - State of New Jersey Using Agency[ies]- The entity[ies] for which the Division has issued this RFP. 8

9 3.0 COMMODITY DESCRIPTION/SCOPE OF WORK 3.1 C-FOLD TYPE III PAPER TOWELS 3.2 AND ROLL TYPE IV PAPER TOWELS TECHNICAL SPECIFICATIONS - C-FOLD, TYPE III PAPER TOWELS CLASSIFICATION: The folded C-fold type III paper towels shall be of the following types and sizes as specified: Size: Folded width = 3.75 inches +/-.25"wide; Length - 10 inches minimum to 10 1/8 inches maximum long Applicable Documents: Listed below are the specification requirements for Type III C-Fold Paper Towels. Commercial Item Description # A-A-696B. Technical Association of the Pulp and Paper Industry (TAPPI)/ ASTM Standards. T-402/D-685 Standard Conditioning and Testing Atmospheres for Paper, Board, Pulp Handsheets and Related Products. T-404, T-494/D-828 Dry Tensile Breaking Strength of Paper and Paper Board. T-410/D-646 Weight per Unit Area (Basis Weight of Substance) of Paper and Paper Board. T-432/D-824 Water Absorption of Bibulous Paper. T-456 Wet Tensile Breaking Strength of Paper and Paper Board. MIL-STD-105 Sampling Procedures and Tables for Inspection by Attributes. Final Product: The final product towels must be bleached white in color Material: The finished product must contain a minimum of 40 % post-consumer recovered fiber as defined by the Paper Products Recovered Materials Advisory Notice II. Paper towels supplied under this specification must be manufactured from paper complying with the requirements listed on Table I below: TABLE I Physical Requirements Characteristic Requirement TAPPI Test Method Basis Weight (24 x ) (pounds) Water Absorption of 0.1 ml. of water (maximum seconds) Total Water Absorption, 2 plies, minimum Tensile Strength, minimum, Average of both directions, *Dry *Wet (after accelerated aging) 25 lb. min. T seconds max. T grams min. NIST Method 45 ozs. /inch 12 ozs. /inch T-404 T-456 Brightness 70 % Minimum (-2 % tolerance) T-452 9

10 3.2.4 ODOR: *Note - The tests for dry and wet tensile strength shall be performed on 2 ply strips. Each strip shall be four (4) inches long and one (1) inch wide. The paper towels shall not have any disagreeable odor when dry or wet. Any disagreeable odor shall be cause for rejection per section of this RFP CONSTRUCTION: Type III towels shall be C-folded and must fit into and feed satisfactorily from dispensing cabinets currently in use by State of NJ Using Agencies SURFACE FINISH AND FORMATION: The towels shall have a uniform formation and have a finish produced by embossing WORKMANSHIP: The towels must be free of holes, tears, wrinkles, and other defects affecting appearance or serviceability. Edges must be clean cut. Towels displaying a gritty, sandpapery feel shall not be acceptable and will be cause for rejection SIZE AND AREA: Type III towels must comply with the minimum area and minimum dimension requirements as specified on Table II below. TABLE II Sizes and Areas Characteristic Requirement Folded Width 3.75 inches +/-.25" Length 10 in. min.-10 1/8 in.max. Area 130 square inches min. Failure to meet any of the above listed specifications will result in the rejection of your bid proposal QUALITY ASSURANCE PROVISIONS: Inspection: The Quality Assurance Unit will conduct laboratory tests to assure that the samples submitted conform to this RFP specification. The State reserves the right to perform any of the inspections set forth in this specification, where such inspections are deemed necessary. Samples must be submitted as outlined in Section of this RFP Sample Inspection: Inspection of the samples shall be performed in accordance with MIL-STD-105, unless otherwise indicated. For sample testing purposes, each lot that consists of paper towels of the same manufacturer's production run and size, within the total shipment must be tested. 10

11 Component and Material Inspection: In accordance with Section of this RFP, the bidder is responsible for ensuring that materials and components used in the production of the paper towels were manufactured and inspected in accordance with this RFP specification or any referenced subsidiary specifications specified Examination of Shipment After Award: An examination of each shipment may be made by the Using Agency to determine whether case marking materials, workmanship and contents are in full compliance with the requirements of this RFP. The Acceptable Defective Quality Level (ADQL) shall not exceed 2.5(%) percent of the entire quantity ordered. Examination Marking (Cases And Sleeves) Material Workmanship Contents Defects Incorrect, incomplete, illegible, or omitted Any nonconforming component; components missing; damaged; including water damages to containers and contents or otherwise defective. Inadequate application of components such as incomplete closure of case flaps, loose or inadequate sealing, strapping or stapling, bulged or distorted cases. Number of packages in each shipping case more or less than specified Examination of Unit Package: An examination shall be made for defects set forth below. The sample unit shall be one package. The packages comprising the sample shall be selected at random from the entire quantity ordered. Examination Sheets Unit Package Defects Defects Not packaged or bound as specified. Package ends not even within + or - 1/8 inch. Not type specified Examination for item count: two packages shall be selected from each of the cases pulled randomly from shipment. The shipment shall be unacceptable if the average count of towels per package selected is less than specified Examination of item for visual defects: examine 100 towels for defects as listed below. The 100 sheets shall be accumulated by selecting an approximate number of towels from each of 11

12 the cases randomly pulled from shipment. The shipment shall be unacceptable if more than two (2) of the 100 towels examined contain one or more of the defects listed below. Examination Appearance Defects Formation, finish and cleanliness does not compare favorably with comparison sample. Any dirt spots, water stains, slivers, shives, holes, breaks, or wrinkles in excess of comparison sample. Surface not rough such as produced by creeping or embossing. Any uneven or ragged edges Examination of the item for dimensional defects: the towels selected for this examination shall come from the randomly selected shipping cases referred in section of this RFP. Not more than two towels shall be selected from any one package. The Acceptable Quality Level (AQL) shall be 4.0 percent defective. Dispenser feed test shall use enough towels to fill dispenser. Dimensional Defects Examination Defects Dimensions Area Dispenser Less than specified Less than specified Towels do not fit or feed properly from dispensers Testing of end item: each shipment of paper towels of one type and size shall be tested for the characteristics as specified in Table III below. The sample unit shall be ten paper towels; full sample unit shall be drawn from any one package. Five units shall be tested. The available value for each sample characteristic shall meet the requirements specified. All samples shall be conditioned and tested in accordance with the provisions of TAPPI T Test for odor: soak one towel, as applicable, in distilled water at 73 degrees F. for two minutes. The towel is removed from the water and smelled. Any disagreeable odor shall be basis for rejection Accelerated Aging Test: before testing for wet tensile strength according to T-456, the sample towels shall be placed in a 105 degree C. oven for minutes. The sample then will be conditioned according to TAPPI T-402 before testing. 12

13 Table III Instructions for Testing Characteristic Ref Test Method Sample Unit Lot Average Atmosphere Cond. T-402 All testing Water absorption T-432 X Tensile Strength: Dry T-404 X Wet T X Odor 5.91 X Characteristic Ref Test Method Pass Or Fail Atmosphere Cond. 2 x Water absorption 2 (One On Each Side) Numerically To Nearest 1 sec. Tensile Strength: Dry 10 (One On Each Side) Wet 10 (One On Each Side) Odor 1 x.01 kg..001 kg. 3.3 TECHNICAL SPECIFICATIONS - ROLL TYPE IV PAPER TOWELS Listed below are the specification requirements for roll type IV paper towels for institutional use CLASSIFICATION: The roll type IV paper towels shall be of the following types and sizes as specified: Size: width, 8-inch +/-.25, total length feet per roll APPLICABLE DOCUMENTS A. Technical Association of the Pulp and Paper Industry (TAPPI)/ ASTM Standards. 13

14 B. Commercial Item Description # A-A-696B. C. T-402/D-685 Standard Conditioning and Testing Atmospheres for Paper, Board, Pulp Hand sheets and Related Products. D. T-404, T-494/D-828 Dry Tensile Breaking Strength of Paper and Paper Board. E. T-410/D-646 Weight per Unit Area (Basis Weight of Substance) of Paper and Paper Board. F. T-432/D-824 Water Absorption of Bibulous Paper. G. T-456 Wet Tensile Breaking Strength of Paper and Paper Board. H. MIL-STD-105 Sampling Procedures and Tables for Inspection by Attributes. I. Final Product: The final product towels must be bleached white in color MATERIAL: The finished product must contain a minimum of 40% post consumer recovered fiber as defined by the Paper Products Recovered Materials Advisory Notice II, unless otherwise specified in the contract or ordering document. Paper towels supplied under this specification must be manufactured from paper complying with the requirements listed on Table IV below: Table IV Physical Requirements Characteristic Requirement TAPPI Test Method Basis Weight (24 x ) (pounds) 25 lb. min. T-410 Water Absorption of 0.1 ml. of water 20 seconds T-432 (maximum seconds) max. Total Water Absorption, 240 grams min. NIST Method 2 plies, minimum Tensile Strength, minimum, Average of both directions, *Dry *Wet (after accelerated aging) 45 ozs. /inch 12 ozs. /inch T-404 T-456 Brightness 70 % (-2 % tolerance) T ODOR: *Note - The tests for dry and wet tensile strength shall be performed on 2 ply strips. Each strip shall be four (4) inches long and one (1) inch wide. The paper towels shall not have any disagreeable odor when dry or wet. Any disagreeable odor shall be cause for rejection CONSTRUCTION: 14

15 Type IV towels shall be Roll towels and must fit and feed satisfactorily from Roll towel dispensing devices currently in use by State of NJ Using Agencies SURFACE FINISH AND FORMATION: The towels shall have a uniform formation and shall have a finish produced by creping or embossing WORKMANSHIP: The towels must be free of holes, tears, wrinkles, and other defects affecting appearance or serviceability. Edges must be clean cut. Towels displaying a gritty, sandpapery feel will not be acceptable SIZE AND AREA: Type IV towels must comply with the minimum area and minimum dimension requirements as specified on Table V below: Table V Sizes and Area Characteristic Requirement Width 8 inches +/-.25 Total Length 350 feet feet Failure to meet any of the above specifications will result in the rejection of your bid proposal QUALITY ASSURANCE PROVISIONS: All provisions as specified for C-Fold Towels per Sections to of this RFP will also apply for Roll Paper Towels. Instructions for Testing Characteristic Ref Test Method Sample Unit Lot Average Atmosphere Cond. T-402 All testing Water absorption T-432 x Tensile Strength: Dry T-404 x Wet T x Odor 5.91 x 15

16 Characteristic Ref Test Method Pass Or Fail Atmosphere Cond. 2 x Water absorption 2 (One On Each Side) Numerically To Nearest 1 sec. Tensile Strength: Dry 10 (One On Each Side) Wet 10 (One On Each Side) Odor 1 x.01 kg..001 kg. 3.4 PACKAGING FOR C-FOLD & ROLL TYPE PAPER TOWELS Case: towels must be packaged and marked in accordance with Section of this RFP. In addition cases must be marked with size of towel, towel count and manufacturer's name Packages: towels must be packaged with a paper-base sleeve or wrapper covering not less than 75% of the package area's surface and with the seam overlapped and securely gummed with a good grade of adhesive Sleeve must be marked with manufacturers name and brand/model number at a minimum Towels must be packed to insure carrier acceptance and safe delivery to destination in containers that comply with the uniform freight classification rules or national motor freight classification rules, as applicable. Cardboard cases are to be bulk stacked on pallets at the Using Agencies warehouse. Cases must be packed fully and not have "air space" that will allow case to crush and be of sufficient strength to stack 3 pallets high without crushing SPECIAL NOTE: Packaging, as indicated on bid pricing lines, is the required minimum number per case. However, alternative packaging to meet this minimum requirement will be considered. Alternative packaging must be identified before award will be considered. The bidder is to state alternative packaging on bid pricing sheets, if applicable RECYCLED PAPER PRODUCT In accordance with the N.J. Statewide Mandatory Source Separation and Recycling Act, P.L. 1987, Chapter 102, N.J.S.A. 52:34-21 et seq. and N.J.S.A. 13:1e-99.27a(3), the required recycled content is to be: A minimum of 40% post consumer waste The bidder must enter, on the pricing page, the percentage of post consumer waste material for each item submitted. By signing the face of this RFP, the bidder certifies that the 16

17 recycled percentages submitted on the bid pricing sheets are accurate. Failure to enter the percentage of post consumer waste on the bid proposal price line will result in the rejection for that price line only The State reserves the right to request manufacturer's certification of recycled materials either prior to award or during the period of the contract RECYCLED PAPER DEFINITIONS "Recycled Paper" means any paper having a total weight consisting of not less than 50% secondary waste material "Secondary Waste Paper Material" means paper waste generated after the completion of a paper making process, such as post consumer waste material, envelope cuttings, bindery trimmings, printing waste, cutting and other converting waste, butt rolls and mill wrappers; except that secondary waste paper material shall not include fibrous waste generated during the manufacturing process, such as fibers recovered from waste water or trimmings of paper machine rolls, fibrous by-products of harvesting, extractive or woodcutting processes or forest residue such as bark, or mill broke "Post Consumer Waste Paper" means any paper product generated by a business or consumer which has served it's intended end use and which has been separated from solid waste for the purpose of collection, recycling and disposition and which does not include secondary waste material Please note that a review of State recycling laws indicate that cotton linters do not qualify as either secondary waste paper or post consumer waste paper material. Therefore, a 50% recycled content paper product containing 25% cotton linters is not qualified as a 50% recycled product under New Jersey law. 3.6 **ESTIMATED QUANTITIES C- Fold type III paper towels 64,800 cases Roll type IV paper towels 12,000 cases ** These are estimated case quantities based upon orders for a one year period. 3.7 NAPKINS, PAPER SPECIFICATIONS AND OTHER TERMS AND CONDITIONS New Jersey Specification MATERIAL Paper napkins shall be made of fully bleached, processed wood fibers consisting of not less than 30% post consumer waste CERTIFICATION The bidder signature certifies that the material offered contains the minimum percentage of post consumer waste SIZE 17

18 13" X 13" with an area of 169 square inches, with a down size tolerance limited to 13" X 11 5/16" with an area of 147 square inches acceptable. (No additional minus tolerance.) FORM QUARTER FOLD BASIS WEIGHT 13 pounds on basis of 24 X 36, 500 sheets (Tolerance of -5.%) DRY TENSILE (GM / INCH) MD minimum CD minimum ABSORPTION FINISH The maximum time for absorption of 0.01 milliliter of water shall be 100 seconds. White bright, embossed, free from wrinkles and clearly visible holes. Pin holes (5 maximum) visible only when held before a bright light shall be considered a minor blemish. More than five (5) pinholes will be cause for rejection of item PACKAGING napkins to a banded package ,000 napkins per case (16 packages) Packages and cases to be properly marked for identification of contents Packages of less than 375 napkins may not be banded together to meet the 375 napkin package requirement Alternate packaging will be considered in the event the requested one is not bid. Final acceptance of alternate packaging will be the joint determination of the State Purchase Bureau and Distribution and Support Services. 3.8 ESTIMATED QUANTITES **Paper Napkins 7200 cases ** These are estimated case quantities based upon orders for a one year period. 3.9 PAPER, TOILET TISSUE SPECIFICATION FOR TOILET TISSUE State of New Jersey, Revised January, 2006 N.J. Spec. No

19 3.9.2 SCOPE: This specification covers recycled paper toilet tissue purchased for supplying all State of New Jersey agencies and institutions PRODUCT SPECIFICATIONS MATERIAL: Toilet Tissue shall be unglazed, soft, and flexible, of even formation, and relatively free from all visible defects. The tissue shall be made from processed fibrous cellulosic material and shall comply with the requirements of this RFP. The toilet tissue must be comprised of a minimum of 50 percent recovered fiber including a minimum of 30 percent post-consumer fiber CLASSIFICATION The sheets must be single ply only PERFORATED ROLL SIZE: The rolls shall be 4 ½ inches wide (+ or 1/8 ). The paper shall be perforated at 3 ¾ inch intervals (+ ½ 1/8 ). The sheets shall be easily detachable at the perforation. Each roll shall contain 1200 sheets minimum for packaging of 80 rolls per case and 1000 sheets minimum for packaging of 96 rolls per case SALIENT CHARACTERISTICS AND WORKMANSHIP: The toilet tissue shall be unglazed and shall be trimmed with clean, smooth edges. The paper shall be free of dirt spots, holes, tears, wrinkles, foreign matter, undigested paper, wood slivers, shives, specks, and unbleached waste. The color shall be white and there shall be no disagreeable odors either when dry or wet BASIS WEIGHT: Basis weight of the tissue shall be 11.5 lb. substance weight or higher, with a downside tolerance to 10.5 lbs. substance weight. (24 x 36) 500 sheets SOFTNESS: The tissue shall show maximum reading of 12 x 12 in either direction as determined by the Handle-O-Meter method ROLL CONSTRUCTION: Roll tissue shall be evenly and tightly wound on a stiff round paper board core having an inside diameter of 1 ¼ to 1 5/8 inches, sufficiently rigid to prevent collapse under ordinary conditions of transportation and usage PACKAGING / LABELING Two different types of packaging will be acceptable for this product. Each case shall contain either 80 rolls per case with a minimum number of 1200 sheets per roll or 96 rolls per case with 19

20 a minimum number of 1000 sheets per roll. Each roll must have an individual band or wrapper covering the width of the roll keeping the paper securely bound. Proper identification must be clearly printed on each band wrapper and each master case with the appropriate brand name and product code number. Master cases must be made of durable corrugated material of sufficient strength to withstand normal shipping and handling with no subsequent damage to the toilet tissue rolls SPECIAL NOTE: If packaging differs from the stated requirements above, final acceptance of alternate packaging will be the joint determination of the State purchase Bureau and Distribution and Support services. Bidder to state alternate packaging on bid pricing sheets RECYCLING INFORMATION In accordance with the N.J. Statewide Mandatory Source Separation and Recycling Act. P.L. 1987, Chapter 102, N.J.S.A. 52: et seq. and N.J.S.A. 13: l e-99.27a (3), the required recycled content is to be: minimum of 50% secondary waste material minimum of 30% post consumer recovered Bidders must enter on the bid proposal pricing sheet, the percentage of secondary waste material and the post consumer waste content for each item submitted. By signing the face of this RFP, the bidder certifies that recycled percentages submitted on the bid proposal pricing sheets are accurate. The State reserves the right to request manufacturer s certification of recycled material either prior to award of during the period of the contract QUALITY ASSURANCE PROVISIONS: Inspection The DSS Quality Assurance Unit will conduct Laboratory tests to assure that the samples conform to this RPF. The State reserves the right to perform any of the inspections set forth in this RFP where such inspections are deemed necessary to assure that supplies and services conform to prescribed requirements. The testing results of the DSS QA Laboratory are final DELIVERY REQUIREMENTS: All deliveries are to be FOB destination. The contractor shall be responsible for the delivery of material in first-class condition at the point of delivery in accordance with good commercial practice. The tissue is to be delivered to DSS in separate truckloads as requested. The bidder shall furnish, in the space provided on the bid pricing page, the time required for delivery from receipt of order. Contractor must notify DSS at least forty-eight (48) hours in advance of shipment. If deliveries cannot be affected within the stated time after receipt of order, DSS shall be advised immediately to permit purchase from another source. There will be no backordering, except upon specific approval from DSS ESTIMATED QUANTITIES 20

21 ** Paper, Toilet tissue 25,000 cases ** These are estimated case quantities based upon orders for a one year period. 21

22 4.0 BID PROPOSAL PREPARATION AND SUBMISSION 4.1 GENERAL The bidder is advised to thoroughly read and follow all instructions contained in this RFP, including the instructions on the RFP s signatory page, in preparing and submitting its bid proposal. 4.2 BID 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 signatory page Bidders 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 ARE TO BE LABELED WITH THE BID IDENTIFICATION NUMBER AND THE FINAL BID OPENING DATE OR RISK NOT BEING RECEIVED IN TIME. 4.3 NUMBER OF BID PROPOSAL COPIES The bidder must submit one (1) complete ORIGINAL bid proposal, clearly marked as the ORIGINAL bid proposal. The bidder should submit two (2) full, complete and exact copies of the original. The copies requested are necessary in the evaluation of the bid proposal. A bidder failing to provide the requested number of copies will be charged the cost incurred by the State in producing the requested number of copies. It is suggested that the bidder make and retain a copy of its bid proposal. A bidder failing to provide the requested number of copies will be charged the cost incurred by the State in producing the requested number of copies. It is suggested that the bidder make and retain a copy of its bid proposal. 4.4 BID PROPOSAL CONTENT FORMS THAT MUST BE SUBMITTED WITH BID PROPOSAL SIGNATORY PAGE The bidder shall complete and submit the Signatory page provided on the Advertised Solicitation, Current Bid Opportunities webpage The Signatory page shall be signed by an authorized representative of the bidder. If the bidder is a limited partnership, the Signatory page must be signed by a general partner. If the bidder is a joint venture, the Signatory page must be signed by a principal of each party to the joint venture. Failure to comply will result in rejection of the bid proposal OWNERSHIP DISCLOSURE FORM In the event the bidder is a corporation, partnership or sole proprietorship, the bidder must complete the attached Ownership Disclosure Form. A current completed Ownership Disclosure Form must be received prior to or accompany the bid proposal. Failure to do so will preclude the award of a contract. 22

23 The Ownership Disclosure Form is located on the Advertised Solicitation, Current Bid Opportunities webpage DISCLOSURE OF INVESTIGATIONS/ACTIONS INVOLVING BIDDER The bidder shall provide a detailed description of any investigation, litigation, including administrative complaints or other administrative proceedings, involving any public sector clients during the past five years including the nature and status of the investigation, and, for any litigation, the caption of the action, a brief description of the action, the date of inception, current status, and, if applicable, disposition. The bidder shall use the Disclosure of Investigations and Actions Involving Bidder form located on the Advertised Solicitation, Current Bid Opportunities webpage PROOF OF REGISTRATIONS THAT MUST BE SUBMITTED WITH THE BID PROPOSAL BUSINESS REGISTRATION CERTIFICATE FROM THE DIVISION OF REVENUE FAILURE TO SUBMIT A COPY OF THE BIDDER S BUSINESS REGISTRATION CERTIFICATE (OR INTERIM REGISTRATION) FROM THE DIVISION OF REVENUE WITH THE BID PROPOSAL MAY BE CAUSE FOR REJECTION OF THE BID PROPOSAL. The bidder may go to to register with the New Jersey Division of Revenue or to obtain a copy of an existing Business Registration Certificate. Refer to Section 1.1. of the NJ Standard Terms and Conditions version located on the Advertised Solicitation, Current Bid Opportunities webpage SMALL BUSINESS SET-ASIDE CONTRACTS This is a Set-Aside Contract for Category I, II, or III for Small Businesses. The bidder must be registered as a qualifying small business with the New Jersey Commerce, Economic Growth and Tourism Commission (Commerce) by the date the bid is received and opened. Evidence that the bidder has registered with Commerce as a small business should be submitted with the bid proposal. ******IMPORTANT NOTE: EVEN IF THE BIDDER IS AN INCUMBENT CONTRACTOR AND/OR HAS BEEN PREVIOUSLY REGISTERED OR CERTIFIED UNDER THE FORMER SBE/MBE/WBE PROGRAM, THE BIDDER WILL NEED TO BE SURE THAT IT IS REGISTERED ON THE DAY OF BID RECEIPT AND OPENING WITH THE COMMERCE COMMISSION UNDER THE NEW, SMALL BUSINESS PROGRAM TO BE ELIGIBLE FOR AWARD. THE TELEPHONE NUMBER TO CALL COMMERCE TO CHECK REGISTRATION STATUS IS ******** FORMS THAT MUST BE SUBMITTED BEFORE CONTRACT AWARD AND SHOULD BE SUBMITTED WITH THE BID PROPOSAL MACBRIDE PRINCIPLES CERTIFICATION The bidder is required to complete the attached MacBride Principles Certification evidencing compliance with the MacBride Principles. The requirement is a precondition to entering into a State contract. The MacBride Principles Certification Form is located on the Advertised 23

24 Solicitation, Current Bid Opportunities webpage: AFFIRMATIVE ACTION The bidder is required to 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 State contract. The Affirmative Action Forms are located on the Advertised Solicitation, Current Bid Opportunities webpage SUBMITTALS BIDDER EXPERIENCE - DATA SHEETS The bidder must provide all of the information requested in the Bidder s Data Packet located on the Advertised Solicitation, Current Bid Opportunities webpage: SAMPLES/SAMPLE TESTING The DSS Quality Assurance Unit will conduct laboratory tests to assure that samples submitted conform to RFP specifications. The State reserves the right to perform any of the inspections set forth in this RFP where such inspections are deemed necessary to assure that items conform to specifications and requirements. The testing results of the DSS laboratory are final. The samples submitted must meet the specification requirements set forth in the RFP and must be representative of the product bid. Bid samples for pricing lines for evaluation and testing purposes are to be made available at no charge and delivered to Distribution and Support Services (DSS) 1620 Stuyvesant Avenue, Trenton, NJ 08618, Attn: Barry Loda, at the bidder's expense. The bidder must, within ten (10) working days following a request from the State, submit bid samples to the DSS. Bid samples will not be returned. The DSS will conduct laboratory tests to assure that the bid samples submitted for pricing lines conform to this RFP. The State reserves the right to perform any tests necessary to assure that the bid samples conform to this RFP for pricing lines The testing results of the State are final. Each sample package must be marked clearly with bidder name and bid proposal number, manufacturer, brand/model item number FINANCIAL CAPABILITY OF THE BIDDER Upon request, In order to provide the State with the ability to judge the bidder s financial capacity and capabilities to undertake and successfully complete the contract, the bidder should submit two years of certified financial statements that include a balance sheet, income statement and statement of cash flow, and all applicable notes for the most recent calendar year or the bidder s most recent fiscal year. If certified financial statements are not available, the bidder should provide either a reviewed or compiled statement from an independent accountant setting forth the same information required for the certified financial statements, together with a certification from the Chief Executive Officer and the Chief Financial Officer, that the financial statements and other information included in the statements fairly present in all material respects the financial condition, results of operations and cash flows of the bidder as of, and for, the periods presented in the statements. In addition, the bidder should submit a bank reference. 24

25 If the information is not supplied with the bid proposal, the State may still require the bidder to submit it. If the bidder fails to comply with the request within seven (7) business days, the State may deem the proposal non-responsive. The bidder may designate specific financial information as not subject to disclosure when the bidder has a good faith legal/factual basis for such assertion. The bidder may submit specific financial documents in a separate, sealed package clearly marked Confidential-Financial Information along with its Bid Proposal. The State reserves the right to make the determination whether to accept the bidder s assertion of confidentiality and will advise the bidder accordingly PRICING The bidder must submit its pricing using the format set forth in the State supplied price sheet(s) attached to this RFP. Failure to submit all information required will result in the bid being considered non-responsive. Each bidder is required to hold its prices firm through issuance of contract PRICE SHEETING INSTRUCTIONS Bidders may choose to bid any one or more types of Paper and Plastic, disposable products as listed on price lines For each Paper Towel item bid (price lines 00001, 00002), the bidder must supply the information required below. Failure to provide this information on the pricing sheets is cause for rejection of your bid proposal for that item. Brand Model No. Product Number # Towel Size Basis Weight Towels Per Package Each Packages Per Case Linear Ft / roll (price line 00002) Total Towels Per Case Post Consumer Waste Content % Secondary Waste Content % Delivery Time Days ARO For Paper Napkin items bid (price line 00003), the bidder must supply the information required below. Failure to provide this information on the pricing sheets is cause for rejection of your bid proposal for that item. o o o o o Manufacturer Brand Product Number Napkins per package Napkins per case 25

26 o o o o %Recycled Content Percentage % of post consumer waste Percentage % of secondary waste and post consumer recovered material percentages where applicable Deliveries days ARO For Paper, Toilet Tissue items bid (price line 00004), the bidder must supply the information required below. Failure to provide this information on the pricing sheets is cause for rejection of your bid proposal for that item. Brand/Manufacturer Model # Size of Sheet Secondary Waste Percentage Content Post Consumer Waste Content Percentage Number of sheets per roll Number of Rolls per case Basis of Weight Weight of Case Delivery days ARO 26

27 5.0 SPECIAL CONTRACTUAL TERMS AND CONDITIONS 5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS The contract awarded as a result of this RFP shall consist of this RFP, addendum to this RFP, the contractor's bid proposal and the Division's Notice of Award. Unless specifically stated within this RFP, the Special Contractual Terms and Conditions of the RFP take precedence over the NJ Standard Terms and Conditions version located on the Advertised Solicitation, Current Bid Opportunities webpage: In the event of a conflict between the provisions of this RFP, including the Special Contractual Terms and the NJ Standard Terms and Conditions version , and any Addendum to this 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 bid proposal, the RFP and/or the Addendum shall govern. 5.2 CONTRACT TERM AND EXTENSION OPTION The term of the contract shall be for a period of one year. The anticipated "Contract Effective Date" is provided on the signatory page of this RFP: If delays in the procurement process result in a change to 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 all or part of two (2) one-year periods, by the mutual written consent of the contractor and the Director. Purchase orders may be placed against the contract up to and including the end of business on the last day of the contract, for delivery no more than 45 days after contract expiration. 5.3 CONTRACT TRANSITION In the event that a new contract has not been awarded prior to the contract expiration date, as may be extended herein, it shall be incumbent upon the contractor to continue the contract under the same terms and conditions until a new contract can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the expiration date of the contract. 5.4 CONTRACT AMENDMENT Any changes or modifications to the terms of the contract shall be valid only when they have been reduced to writing and signed by the contractor and the Director. 5.5 CONTRACTOR S WARRANTY a) The Contractor is responsible for the quality, technical accuracy, timely completion and delivery of all deliverables and other services to be furnished by the Contractor under the Contract. The Contractor agrees to perform in a good, skillful and timely manner all services set forth in the Contract. b) The Contractor shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its services and deliverables furnished under the Contract. The approval of interim deliverables furnished under the Contract shall not in any way relieve the Contractor of fulfilling all of its obligations under the Contract. The 27

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