Bid Specifications for Vended Meals. Request Issued by: Newark Prep Charter School

Transcription

1 Bid Specifications for Vended Meals Request Issued by: Newark Prep Charter School 570 Broad Street, Newark NJ

2 Request for Bid- Summary The Newark Preparatory Charter School, of the City of Newark (Essex County) hereby advertises for competitive bids in accordance with N.J.S.A. 18A:18A- 21(A,B). Bid Number: NPCS Bid Submission Due Date: Date: Thursday, September 6 th, 2012 Time: 2:00pm Bid Opening Date: Date: Thursday, September 6 th, 2012 Time: 2:00pm Location: 570 Broad Street, Newark NJ Purpose To secure a vendor to provide food preparation and delivery services for a charter school. Services will consist of preparing and delivering breakfast, lunch and after-school snack for approximately 150 students in Newark, NJ. Food services will be provided for the 9 th grade for the academic year. Response Date and Delivery All necessary bid specifications and bid forms may be secured upon written request to: Newark Prep Charter School, 570 Broad Street, Newark, New Jersey 07102, or by phone: , or by fax: , or on our website: (under the news tab). Bids must be sealed, and the envelope to bear the bid title (Food Services Vendor), bid number (NPCS ), and the name and address of the bidder. The sealed bids must be delivered to the Newark Prep campus, located at the above address, on or before Thursday, September 6 th, 2012 at 2:00pm. No bids shall be received after the designated time. The bid opening process will take place at 2:00pm on Thursday, September 6 th, All bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et. seq., Affirmative Action against Discrimination and N.J.A.C. 17:27 et. seq. All bidders shall submit with their bid package a copy of the New Jersey Business Registration Certificate as issued by the Department of Treasury of the State of New Jersey. (N.J.S.A. 52:32-44) Newark Prep reserves the right to reject any or all bids pursuant to N.J.S.A. 18A:18A-2(s), (t), (x), (y), 18A:18A- 4(a), 18A:18A-22, and to waive any non-material bid defects. 2 P a g e

3 Consideration of Proposals The Board of Trustees may award a contract based upon the initial proposals received without discussion of such proposals. Accordingly, each initial proposal should be submitted with the most favorable price and service standpoint. The Board reserves the right to reject any and all proposals received. 3 P a g e

4 Request for Proposal: Vended Food Service TABLE OF CONTENTS Section I- Sponsor Information Section II General Instructions To Bidders Section III Specifications Section IV Bid Preparation and Submission Section V Contractual Terms and Conditions Section VI Required Bid Forms/Documents Section VII Appendices 4 P a g e

5 Section I- Sponsor Information A. Organization Information History: Newark Prep Charter School was approved by the New Jersey Department of Education in January In September of 2012 Newark Prep Charter School will open its doors to 150 ninth graders from Newark, New Jersey. When Newark Prep reaches its full capacity in 2016, it will have 600 students in grades Mission: The mission of Newark Prep Charter School is to prepare its students for success in college, and careers and to give back to the community. The school will provide each student with a world class education in a supportive environment. B. Statement to Vendors: Ethics in Purchasing Vendor Responsibility Any vendor doing business or proposing to do business with NPCS, shall neither pay, offer to pay, either directly or indirectly, any fee, commission, or compensation, nor offer any gift, gratuity, or other thing of value of any kind to any official or employee of NPCS or to any member of the official s or employee s immediate family. No vendor shall cause to influence or attempt to cause to influence, any official or employee of NPCS, in any manner which might tend to impair the objectivity or independence of judgment of said official or employee. Vendor Certification Vendors will be asked to certify that no official or employee of NPCS or immediate family members are directly or indirectly interested in this request or have any interest in any portions of profits thereof. The vendor participating in this request must be an independent vendor and not an official or employee of NPCS. 5 P a g e

6 Section II General Instructions To Bidders A. Bid Submission Instructions Bids are to be returned to: School Business Administrator Newark Prep Charter School 570 Broad Street, 4 th Floor Newark, NJ Bids must be received by Thursday, September 6 th, 2012 at 2:00pm. Bids must be placed in a sealed envelope marked as shown below on the front of the envelope: District: Newark Preparatory Charter School Bid Number: NPCS Bid Title: Food Services Vendor Bidder: Name of Company Address City, State Zip Primary Contact Name, Phone Number and Bidders should also keep a complete copy of the bid packet, exactly as submitted. All bids will be publicly opened by the School Business Administrator at 570 Broad Street, Newark, NJ and read aloud, beginning at 2:00pm on Thursday, September 6 th, It is the responsibility of each bidder to ensure that their bid is complete, and presented to NPCS before the deadline. Bids will not be accepted or received by the Main Office after the advertised bid date and time. (N.J.S.A 18A:18A-21(b)) B. Bidders Responsibility It is the responsibility of the bidder to ensure that their bid is presented to NPCS and officially received before the advertised date and time of the bid. It is understood and agreed upon that any person at NPCS will be absolved from responsibility for the premature opening of any bid not properly labeled and sealed. C. Missing/Ineligible Documents The bidder shall familiarize himself with all the forms provided by NPCS that are to be returned with the bid. If there are any forms that NPCS is to provide that are either missing or illegible, it is the responsibility of the bidder to contact the School Business Administrator at (973) for duplicate copies of the forms. This must be done before the bid date and time. NPCS accepts no responsibility for duplicate forms that were not received by the bidder in time for the bidder to submit with his bid. 6 P a g e

7 All documents returned to NPCS shall be signed with an original signature in ink (black or blue). Failure to sign and return all required documents with the bid package may be cause for disqualification and for the bid to be rejected pursuant to N.J.S.A. 18A:18A-2(y) (non-responsive). NPCS will not accept facsimile or rubber stamp signatures. The forms provided by NPCS that must be returned with the bid are as follows: 1. Bid Proposal Form (Form A) 2. Affirmative Action Questionnaire or Affirmative Action Evidence (Form B) 3. Non Collusion Affidavit (Form C) 4. Stockholders Disclosure/ Ownership Declaration (Form D) 5. Contractor/Vendor Questionnaire and Certification (Form E) 6. Chapter 271 Political Contribution Disclosure Form (Form F) 7. Bidder Comment Form (Form G) 8. Acknowledgement of Addenda (Form H) 9. NPCS Pricing and Equipment Proposal Form (Form I) D. Interpretations and Addenda No interpretation of the meaning of the specifications will be made to any bidder orally. Every request for such interpretations should be made in writing to the School Business Administrator and must be received at least five (5) business days prior to the date fixed for the opening of bids to be given consideration. Any and all interpretations and any supplemental instructions will be distributed in the form of a written addendum to the specifications. The addenda will be provided in accordance with N.J.S.A. 18A:18A-21(c) to the bidders by or fax with confirmation of receipt no later than three (3) business days, prior to the date for acceptance of bids. All addenda so issued shall become part of the contract document. E. Withdrawal of Bids NPCS may consider a written request to withdraw a bid if the written request is received by the School Business Administrator before the advertised time for opening of bids. Any withdrawn bid cannot be resubmitted. After The Bid Opening A bidder who discovers a mistake or omission after bids have been opened may request to withdraw the bid provided the bidder gives immediate written notice to the School Business Administrator of the mistake and/or omission and certification supported by clear evidence that he or she exercised reasonable care in the examination of the specifications and preparation of the bid. Any bidder who is granted permission by NPCS to withdraw the bid under this clause is subject to forfeit any bid guarantee. Challenges to Bid Specifications 7 P a g e

8 Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the School Business Administrator no less than three (3) business days prior to the opening of bids. Challenges filed after that time shall be considered void and having no impact on NPCS or the award of a contract. (N.J.S.A. 18A:18A-15) Bid Evaluation Criteria Evaluation criteria have been established to assist NPCS in determining which bidder will provide the best-suited quality of service that most closely satisfies the requirements set forth in the bid specifications. NPCS will perform a pre-screening of each bid to verify that all the necessary documents included have been submitted with the bid package. Bid packages failing to submit the necessary documentation shall be rejected without further evaluation and the bidder will be so informed in writing. Similarly, any bids found to be non-compliant in regards to USDA regulations will be rejected without further evaluation as well. After reviewing all responsive bids, NPCS will select the lowest responsible bid, equally taking into consideration the following criteria as to the bidders responsibility: Evaluation Criteria Scope of Services: Demonstrated understanding of NPCS needs (to include sample meal plan, delivery schedule, etc.). Special Considerations: Food quality meets higher standards outlined in the scope of services. Capital Investment and Premium Costs: Information on the initial costs and unit prices are included in the bid package (to include the equipment requirements). References: Experience and performance in providing service to similar school districts. Record Keeping and Availability: Evidence of the provision of document requisition support in the event of an audit. Section III Specifications A. Purpose of Request for Bids The purpose of this request is to solicit bid proposals from qualified food service vendors to provide vended meals in accordance to NPCS s school meal program, which is a respective part of the United States Department of Agriculture (USDA) School Nutrition Programs. As a result of the facilities at each of the NPCS campus not being adequate for the preparation of meals, the school wishes to retain a food service vendor to provide school meals for all of its students, to include breakfast, lunch and after-school snacks (as required). 8 P a g e

9 NPCS participates in the National School Lunch Program (NSLP), and as such, receives federal/state reimbursements. NPCS is bound by the regulations of the NSLP and is committed to following all of the regulations set forth. B. Scope of Services 1. Meal Requirements All of the vended meals must be prepared following the Food-Based Menu Planning approach under USDA regulations, and should conform to the applicable meal pattern requirements outlined on Appendix D. In fulfilling our charter and mission, NPCS has made the commitment to its families to provide school meals that adhere to the highest ingredient standards, as we believe child nutrition is an important component student achievement. Meals must meet the following criteria: a) Prepared and delivered fresh daily b) Served with fresh fruit and/or vegetables and no canned fruit c) Baked goods contain whole grains d) Little or no added sugar e) NO fried food f) NO rbst or hormones in milk g) NO high fructose corn syrup h) NO artificial trans fats i) NO artificial colors, flavors or sweeteners j) NO peanuts used in food preparation (NPCS observes that some of our students are/may be highly allergic to nuts) k) No animal by-products l) Vendors should demonstrate a willingness to utilize organic and locally produced ingredients whenever possible and reasonable The food service vendor must also provide the purchase of fresh milk with the vended meals. The food service vendor should not serve juice with breakfasts or lunches, only nonfat of 1% white milk. 2. Ordering and Packaging The food service vendor shall allow for NPCS to place orders for vended meals on at least a weekly basis. The vendor should allow for school choice menu selection from which NPCS will select its preferred vended meals to order, which should always provide a dairy-free option for students when necessary. Vendors who provide a preplanned menu must allow substitutions based on NPCS s preferences and feedback. Quantity updates must be allowable to permit NPCS to purchase different quantities of food on different days, based on school events, student participation and other factors that may influence student attendance. While it is the preference of NPCS to 9 P a g e

10 make quantity adjustments up to 24 hours before the delivery time, varying stipulations will still be considered, especially if quantity adjustments do not result in additional fees, if the vendor requires more advanced notice for quantity adjustments (i.e. 72 hour notice of changes). The vendor should include a sample monthly menu for the 9-12 age group, as outlined in on the lunch pattern, as well as include any stipulations related to ordering and notice of changes. The option to order cold bagged lunches for field trips must also be available to NPCS. Due to NPCS s restricted refrigeration space, the vendor must be willing to be flexible in delivering field trip lunches the morning of student trips. Similarly, the vendor will provide the entrée component of the vended meals as individual, unitized items packaged in sealed, leak proof containers for direct distribution to students. While the remaining food components may be vended in bulk quantities, they too should be packaged when applicable (i.e. bags of apple slices, bags of baby carrots, etc.). Food preparation and distribution to students by NPCS must only require minimal staff efforts. NPCS does not employ food service employees, and therefore the task of food prep and distribution must be accomplishable by members of the operations team (generally 1-2 individuals). The vended meals will be accompanied by any required eating utensils, condiments, paper goods, etc. 3. Delivery The food service vendor will deliver vended meals in separate, suitable transport cartons for each meal type to each NPCS. The vendor will be responsible for the condition and care of vended meals, including maintaining the proper temperature of meal components, until NPCS accepts delivery. Items are to be delivered to a NPCS and taken off the truck by transportation carrier personnel and brought to a designated area inside the school. Transportation carrier personnel are responsible to then uncrate, setup, and/or assemble items to determine good working order and remove all debris to the satisfaction of NPCS staff. If any items are determined to be missing, the vendor must make arrangements to deliver them to NPCS immediately upon notification. Due to NPCS s restricted facilities, where there is little space available to keep equipment, the vendor must provide the meals in containers that do not require electricity and that can maintain the heat of the food from the time of delivery until lunch service time (approximately 12pm). Vendors are cautioned to provide adequate personnel to deliver vended meals and supplies as none will be provided by NPCS. Please note: All packages, boxes, cartons etc., when delivered, must be plainly marked on the outside as to contents, and delivery site (i.e. NPCS). The vendor shall deliver items to each NPCS during the school s operating hours of Monday through Friday between 7:15am-5:00pm. If the items require day-of delivery, the vended meals must be received between 7:15am-10:00am (or before departure for a trip in those circumstances, as to be worked out between the vendor and NPCS on a case by case basis). Vendors are to secure written permission from the NPCS School Business 10 P a g e

11 Administrator to deliver items during times other than previously mentioned. A sample delivery schedule of designated times to NPCS should be included in the proposal, along with the method in which the vended meals will be delivered (i.e. packaging, temperature, transport equipment, etc.). Vended meals will be provided on days when NPCS is in session, according to the school year calendar (attached in Appendix F). NPCS will not be responsible for receiving or paying for vended meals on: (i) days when the campuses are closed (as shown on the calendar); (ii) planned non-serving days (not shown on the calendar) but communicated in advance in accordance to the vendor s regulations; or (iii) days when schools are closed due to inclement weather. Daily delivery slips will be made available to NPCS. A member of NPCS will count and verify all vended meals upon delivery, and note any discrepancies on the daily delivery slip. In addition, the vendor should provide completed Vended Meal HACCP forms on a daily basis, which must include all information regarding preparation and delivery of the vended meals required by the Department of Agriculture. 4. Payment Every effort will be made to pay vendors and contractors within thirty (30) to sixty (60) days provided NPCS receives a written invoice. Payment will be rendered upon completion of services or delivery of full order, to the satisfaction of NPCS, on a monthly basis, unless otherwise agreed to by written contract or mandated by N.J.S.A. 18A:18A NPCS, at its discretion may make partial payments. The Vendor must provide a vendor declaration for services monthly, as per N.J.S.A. 18A:18A The invoice provided shall clearly outline the goods received or services rendered and the date(s) the services were rendered. The invoice must contain the following: a. The full name and address of the company b. The company s invoice number that may be used as reference c. A listing of the goods or services rendered (to include the number and types of vended meals) d. Also, the invoice must be submitted to the designated campus representative where the products/services are to be delivered within thirty (30) days of service. 5. Record Keeping and Availability NPCS will conduct the free and reduced-price application process, including the distribution, review, approval and verification of applications. All application and eligibility requirements will be handled by the school. The vendor will keep and maintain all necessary records on the nutritional components and quantities of the meals delivered to NPCS, and make these records available for inspections by representatives of NPCS, the NJ Department of Agriculture, USDA and the US General Accounting Office. Furthermore, the vendor will provide document requisition support in the event of an audit upon advance written notice from NPCS. This includes, but is not limited to, support with menus, production records, recipes, labels and product information statements. Sample documentation of the forms provided in support of an audit should be included in the bid package. 11 P a g e

12 6. Nutrition Education and Family Feedback In an effort to assist NPCS in promoting its nutritional education to families, the food service vendor will cooperate in efforts to provide awareness outside of classroom instruction time. Additionally, the vendor should implement methods to obtain family feedback and input into the menu development and creation. Examples of such efforts and methods should be outlined in the bid proposal. D. Compliance With All Laws Special attention is called to requirements for Public Liability and Property Damage Insurance, Workmen s Compensation Insurance, Social Security Act, Labor, Employment, Unemployment, Wages, Hours, Discrimination in Employment and Assignment of Contract. The provisions of the New Jersey school laws shall bind all parties and interests to the Contract. The food service vendor shall comply with all Federal and State Laws, and all rules and regulations of health, public or other authorities controlling or limiting the methods, materials to be used or actions of those employed in work of this kind. Any labor or material in addition to that described in the specifications and which is necessary to comply with these laws, rules, ordinances or regulations shall be provided by the food service vendor. The food service vendor shall keep himself informed of all existing and future State and Federal Laws in any manner affecting those engaged or employed in the work, and shall protect and Indemnify the Owner, its officers, members and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation order or defects. Section IV Bid Preparation and Submission A. Bid Proposal Forms The documents listed below are to be submitted with the bid package. Failure to submit them may be cause for disqualification for being non-responsive pursuant to N.J.S.A. 18A:18A-2(y). Bid Proposal Form Affirmative Action Questionnaire (or affirmative action evidence stapled to the questionnaire) Non-Collusion Affidavit Stockholder/Partnership Disclosure and Statement of Ownership Contractor/Vendor Questionnaire/Certification New Jersey Business Registration Certificate Chapter 271 Political Contribution Disclosure Form Acknowledgement of Addenda 12 P a g e

13 The Bid Proposal Form must be duly signed by the authorized representative of the company in the appropriate space, at the end of the Bid. Failure to sign the Bid Proposal Form may be cause to disqualify the entire bid. If the Bid Proposal Form contains more than one sheet, then bidders are requested to affix the company name and address on each intervening sheet between the front sheet and the signature sheet which already bear the company information. NPCS will not consider any bid on which there is any alteration to, or departure from, the bid specifications. Bidders are not to make any changes on the Bid Proposal Form, or qualify their bid with conditions differing from those defined in the contract documents. If bidders do make changes on the Bid Proposal Form, except as noted above for initialed clerical mistakes, it shall be cause to disqualify that particular bid as non-responsive N.J.S.A.18A:18A-2(y). By submitting a proposal, the bidder covenants that he has carefully examined the contract documents, addenda (if any); and that from his investigation, he has satisfied himself as to the nature and location of the work, the general and local conditions and all matters which may in any way affect the work or its performance, and that as a result of such examination, he/she fully understands the intent and purpose thereof, his obligations thereunder, and that he will not make any claim for, or have any right to damages, because of the lack of any information. B. Bidder Qualifications NPCS may make such investigations as it seems necessary to determine the ability of the bidder to perform the terms of the contract. The bidder must complete a Contractor Questionnaire Certification Form and shall furnish all information to NPCS, as NPCS may require it, along with references, to determine the contractor s ability to perform the duties and obligations as outlined in these specifications. The references provided must be from school districts for which the bidder provided food vending services, and which have a total student enrollment is similar to the population of NPCS. C. Bidder Comment Sheet This form is for the bidder s use in offering voluntary alternates, or other comments intended to afford NPCS information or opportunities to improve the quality of the project, without invalidating the bid proposal. It may not be used to take exception to specific conditions of the project defined in the contract documents which the bidder does not like. The bid provided must be based upon the plans and specifications, and all contract conditions, as stated. If these documents or conditions contain some untenable item, or extremely expensive provision, for example, to which the bidder wishes to raise objection, this must be done in writing to the School Business Administrator through the question process outlined in the Instructions to Bidders. Such inquiries will have response issued by addendum only, and the resulting decision circulated to all bidders of record. 13 P a g e

14 D. Prices Each bidder submitting a bid shall include in his bid price all labor, materials, equipment, services, and other requirements necessary, or incidental to, the completion of the work, and other pertinent work as hereinafter described, in accordance with the contract documents. All bids are to be submitted on a price listing attached to the packet. Any bid price showing any erasure or alteration must be initialed by the bidder in ink, at the right margin next to the altered entry. Failure to initial any erasure or alteration may be cause to disqualify that particular bid entry. If the disqualified entry is a required one, the entire bid may be subject to rejection, so please fill out all entries with care. (Refer to Form I for pricing chart to be completed). Bidders are to submit one bid price per item. NPCS will not accept multiple bids on an individual basis, nor will NPCS accept a bottom line or all or none bid subject to the bidder receiving the entire contract. The winning bidder shall agree to guarantee the bid price(s) for a period of ninety (90) days from the award of contract for any services, goods and equipment requested. The awarded bidder may extend the bid price guarantee by written permission to NPCS. In the event of discrepancy between the unit price and the total price, the smaller of the two will govern the contract. NPCS assumes no responsibility to recalculate totals if the contract award is made on the basis of incorrect totals. F. Terms and Conditions 1. Indemnification The bidder shall assume all risk of, and responsibility for, and agrees to indemnify, defend, and save harmless NPCS and its agents, employees and Board members, from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses (including, but not limited to, attorney s fees) in connection therewith on account of the loss of life or property or injury or damage to any person, body or property of any person(s) or whatsoever, which shall arise from or result directly or indirectly from the work and/or materials supplied under this contract. This indemnification obligation is not limited by, but is in addition to, the insurance obligations contained in this agreement. 2. Insurance The bidder to whom the contract is awarded for any service work or construction work shall secure, pay the premiums for and keep in force until the contract expires, insurance of the types and amounts listed below: General Liability General Aggregate $2,000,000 Each Occurrence $1,000,000 Products $1,000,000 Personal Injury $1,000,000 Fire Damage $50, P a g e

15 The awarded vendor must present to NPCS an insurance certificate in the above types and amounts before any work or service begins. Automobile liability insurance shall be included to cover any vehicle used by the insured. To this end, the food service vendor must include the following clause on the insurance certificate: Newark Prep Charter School is named as an additional insured. The vendor shall at all times hold and save harmless NPCS and the agents, representatives, and employees of NPCS against any and all suits, claims, costs, charges, and expense by reason of any damages or claims for damages arising from the negligence of the contractor, his agents, representatives and employees. The vendor is to assume all liability of every sort incident to the work, including property damage caused by its person(s). Evidence of adequate Workers Compensation Insurance as required by the laws of the State of New Jersey and the United States, must be available for perusal. The minimum limits are the following, unless a greater amount is required by law: Workers Compensation Bodily Injury by Accident (each $500, accident) Bodily Injury by Disease (policy $500, limit) Bodily Injury by Disease (each $500, employee) Automobile Liability (per $1,000, occurrence) Bodily Injury by Accident (each $500, accident) 3. Affirmative Action Requirements Each contractor shall submit to NPCS, after notification of award but prior to execution of a goods and services contract, one of the following three documents: a. Appropriate evidence that the contractor is operating under an existing federally approved or sanctioned affirmative action program. b. A certificate of employee information report approval issued in accordance with N.J.A.C. 17:27-4. c. An employee information report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor, in accordance with N.J.A.C. 17:27-4. Please note: A completed and signed Affirmative Action Questionnaire is required with submission of a bid. However, NPCS will accept, in lieu of the Questionnaire, evidence of affirmative action stapled to the Affirmative Action Questionnaire form. If awarded a contract your company/firm will be required to comply with the requirements of N.J.S.A. 10:5-31 et. seq. and N.J.A.C. 17:27 et. seq. 15 P a g e

16 4. Americans With Disabilities Act Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. The contractor must comply with all provisions of the Americans with Disabilities Act (ADA), P.L , in accordance with 42 U.S.C. S et seq. 5. Stockholder s Disclosure All bidders are hereby notified that every corporation and partnership, according to the provision of Chapter 33, Laws of 1977 of the State of New Jersey, must submit a statement prior to the receipt of the bid or accompanying the bid, setting forth the names and addresses of all stockholders in the corporation or partnership who own 10% or more of its stock, of any class or of all partners in the partnership, who own 10% or greater interest herein, as the case may be. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation s stock, or the individual partners 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, exceeding the 10% ownership criteria established in this act, has been listed. 6. Business Registration Certificate (N.J.S.A. 52:32-44) Pursuant to N.J.S.A. 52:32-44 as amended by P.L Chapter 57, all bidders shall submit with their bid package a copy of their New Jersey Business Registration Certificate as issued by the Department of Treasury of the State of New Jersey. Failure to provide the New Jersey Business Registration Certification with the bid package may be cause for the rejection of the entire bid. Goods and Services Contracts N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract: a) The contractor shall provide written notice to its subcontractors to submit proof of business registration to the contractor; b) prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none was used; c) during the term of this contract, the contractor and its affiliates shall collect, remit, and notify all subcontractors and their affiliates that they must collect and remit to the Director of the New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State. A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) P a g e

17 7. Taxes As a New Jersey governmental entity, NPCS is exempt from the requirements under New Jersey state sales and use tax (N.J.S. 54:32B-1 et. seq.), and does not pay any sales or use taxes. Bidders should note that they are expected to comply with the provisions of said statute and the rules and regulations promulgated thereto to qualify them for examinations and reference to any and all labor, services, materials and supplies furnished to NPCS. Contractors may not use NPCS s tax exempt status to purchase supplies, materials, service or equipment. 8. New Jersey Worker and Community Right to Know Act All potentially hazardous materials or substances must be properly labeled in full accordance with the New Jersey Right to Know Law (N.J.S.A. 34:5A-1 et. Seq). All contractors or vendors who need additional information about the New Jersey Right to Know Law are to contact the: New Jersey Department of Health Right to Know Program CN 368 Trenton, New Jersey Non-Collusion Affidavit A notarized Non-Collusion Affidavit must be submitted with the bid. (N.J.S.A. 2A:93-6). 10. Political Contributions Disclosure (Requirements) Pursuant to N.J.A.C. 6A:23A-6-3 (a1-4), please note the following: Award of Contract Reportable Contributions -- N.J.A.C. 6A:23A-6.3 (a2) No board will vote upon or award any contract in the amount of $17,500 or greater to any business entity which has made a contribution reportable by the recipient under P.L.1973, c83 (codified at N.J.S.A. 19:44A-1 et. seq.) to a member of NPCS during the preceding one year period. Contributions During Term of Contract Prohibited -- N.J.A.C. 6A:23A-6.3 (a2,3) Contributions reportable by the recipient under P.L. 1973, c83 (codified at N.J.S.A. 19:44A-1 et. seq.) to any member of the school board from any business entity doing business with the school district is prohibited during the term of the contract. When a business entity referred in 4.1(e) is a natural person, contribution by that person s spouse or child that resides 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. Chapter 271 Political Contribution Disclosure Form Required -- N.J.A.C. 6A:23A-6.3 (a4) 17 P a g e

18 All bidders shall submit with their bid package a completed and signed Chapter 271 Political Contribution Disclosure Form. The Chapter 271 form will be reviewed by the district to determine whether the vendor is in compliance with the aforementioned N.J.A.C. 6A:23A-6.3 (a2) Award of Contract. 11. Political Contributions Disclosure Statement (Pay to Play) A business entity as defined by law is advised of its responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A (P.L Chapter 271 section 3) if the business entity receives contracts in excess of $50,000 from public entities in a calendar year. It is the business entity s responsibility to determine if filing is necessary. Additional information on this requirement is available from the New Jersey Election Law Enforcement commission at or at Section V Contractual Terms and Conditions A. Award of Contract (Rejection of Bid(s)) The contract shall be awarded, if at all, to the lowest responsible bidder as determined by NPCS. NPCS reserves the right to reject any or all bids pursuant to N.J.S.A. 18A:18A-2(s), (t), (x), (y), 18A:18A-4(a), 18A:18A-22, and to waive any informalities and to take such alternates that NPCS feels are in the best interests of the school. Further, NPCS may at its option accept any quantity of each item at the price bid depending on need. Pursuant to N.J.S.A. 18A:18A- 36 NPCS shall award the contract or reject all bids within sixty (60) days, noting the exception highlighted in the law. B. Equal Prices Pursuant to N.J.S.A. 18A:18A-37(d) when two or more bidders submit equal prices and the prices are the lowest responsible bids, NPCS may award the contract to the vendor whose response, in the discretion of NPCS, is the most advantageous, price and other factors considered. C. Return of Contracts and Related Contract Documents Upon notification of award of contract by NPCS, the successful bidder shall sign and execute a formal contract agreement between NPCS and the bidder, when required. The successful bidder shall sign and execute said contracts and return said contracts along with the following: 1. Insurance Certificate with NPCS as an additional insured. 2. Affirmative Action Evidence 3. Other required documents as may be outlined in the bid specifications. The executed contracts and related documents must be returned as indicated below, within ten (10) days of receipt of notification: School Business Administrator Newark Preparatory Charter School 570 Broad Street Newark, New Jersey P a g e

19 Failure to execute the contract and return the contract and related documents within the prescribed time may be cause for a delay in payment for services rendered or products received or the annulment of award by NPCS with the bid security becoming property of NPCS. NPCS reserves the right to accept the bid of the next lowest responsible bidder. Please note the contract provided must adhere to the requirements set forth by the New Jersey Department of Agriculture (refer to Appendix E for a Vendor/LEA Contract Template). D. Term of Contract The successful bidder, to whom the contract is awarded, will be required to do and perform the work/services and to provide and furnish the materials in connection therewith in accordance with the plans and specifications on, or before, the date agreed upon. The contract term, which is August 1, 2012 June 30, 2013, will be for a period of one year with the option for a one-year renewal. The contract will not contain automatic renewal provisions. E. Subcontracting (Assignment of Contract) Contractors, services providers, and all vendors with whom NPCS has an executed contract may not subcontract any part of any work done or consign any contract for goods or materials for NPCS without first receiving written permission from the School Business Administrator. Contractors, service providers, and vendors using subcontractors assume all responsibility for work performed by subcontractors. NPCS may require the following documents to be secured from all approved subcontractors: 1. Insurance Certificate as outlined 2. Affirmative Action Evidence 3. Written certification that the subcontractor shall adhere to prevailing wages as provided through New Jersey State Law. In cases of subcontracting, NPCS shall only pay the prime contractor. It is the sole responsibility of the prime contractor to ensure that all subcontractors are paid. NPCS shall not be responsible for payments to subcontractors and shall be held harmless against any or all claims generated against prime contractors for non-payment to subcontractors. Please note: transportation carriers hired by the vendor to deliver goods and materials are not considered to be subcontractors. F. Termination of Contract If NPCS determines that the contractor has failed to comply with the terms and conditions of the bid and/or proposal upon which the issuance of the contract is based or that the contractor has failed to perform said service, duties and or responsibilities in a timely, proper, professional and/or efficient manner, then NPCS shall have the authority to terminate the contract upon written notice setting forth the reason for termination and effective date of termination. 19 P a g e

20 Termination by NPCS of the contract does not absolve the vendor from potential liability for damages caused by the contractor s breach of this agreement. NPCS may withhold payment due the contractor and apply some towards damages once established. NPCS will act diligently in accordance with governing statutes to mitigate damages. Damages may include the additional cost of procuring said services or goods from other sources. The contractor further agrees to indemnify and hold NPCS harmless from any liability to subcontractors or suppliers concerning work performed or goods provided arising out of the lawful termination of this agreement. G. Liability (Copyright) The contractor shall hold and save NPCS, its officials and employees, harmless from liability of any nature or kind for, or on account of, the use of any copyrighted or non-copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract. H. Force Majeure Neither party shall be liable in damages for any failure, hindrance or delay in the performance of any obligation under this Agreement if such delay, hindrance or failure to perform is caused by conditions beyond the control of either party, including, but not limited to, Acts of God, flood, fire, war or the public enemy, explosion, government regulations whether or not valid (including the denial or cancellation of any export or other necessary license), court order, state funding, or other unavoidable causes beyond the reasonable control of the party whose performance is affected which cannot be overcome by due diligence. Vendors who have a contract with NPCS to provide goods or services cannot unilaterally claim an increase in the cost of the contract because of Force Majeure. I. False Material Representation (N.J.S.A. 2C: (b)) A person commits a crime if the person knowingly makes a material representation that is false in connection with the negotiation, award or performance of a government contract. If the contract amount is for $25, or above, the offender is guilty of a crime of the second degree. If the contract amount exceeds $2,500.00, but is less than $25,000.00, the offender is guilty of a crime of the third degree. If the contract amount is for $2, or less, the offender is guilty of a crime of the fourth degree. 20 P a g e

21 Section VI Required Bid Forms/Documents- Submit with Bid Packet FORM A: BID PROPOSAL FORM AND CHECKLIST I hereby acknowledge and agree that I have read and completed all of the preceding Bid Terms and Conditions. All required forms are included in our bid submission. Forms Forms In Proposal- Yes/No Section/Page Number Bid Proposal Form Affirmative Action Questionnaire/Evidence Non-Collusion Affidavit Stockholder/Partnership Disclosure Contractor/Vendor Questionnaire/Certification Bid Guarantee (Bid Bond, Cashiers or Certified Check) Certificate of Surety NJ Business Registration Certificate Chapter 271 Political Contribution Disclosure Acknowledgment of Addenda The checklist below serves as a reminder of the items pertaining to this bid. The checklist is not considered to be all-inclusive. Bidders are to read and become familiar with all instructions outlined in the bid package. Item Yes No Has your pricing been verified to ensure accuracy? Have you answered all questions fully and accurately? Have you prepared all supporting documents for submission? Have you signed all your documents? Did you make a copy of the bid packet for your records? Did you correctly address the envelope? Have you allowed ample time for the bid to reach NPCS? I/We the undersigned are duly authorized to execute this Tender on behalf of: Name: Title: Signature: Company Name: Address: Phone: Fax: 21 P a g e

22 FORM B: AFFIRMATIVE ACTION QUESTIONNAIRE This form is to be completed and returned with the bid. However, NPCS will accept evidence of affirmative action, in lieu of this questionnaire, stapled to this page. 1. Our company has a federal Affirmative Action Plan approval. YES NO If yes, a Photostat copy of said approval shall be submitted to NPCS within seven (7) working days of the notice of intent to award the contract or the signing of the contract. 2. Our company has a New Jersey State Certificate of Approval. YES NO If yes, a copy of the New Jersey State Certificate shall be submitted to NPCS within seven (7) working days of the notice of intent to award the contract or the signing of the contract. 3. If you answered NO to both questions above, please obtain an affirmative action Employee Information Report (AA-302). Complete the form and forward it to the Affirmative Action Office, Department of Treasury, CN 209, Trenton, NJ A copy shall be submitted to NPCS within seven (7) days of the notice of the intent to award the contract or the signing of the contract. I certify that the above information is correct to the best of my knowledge. Name of Company/Firm: Name of Authorized Agent Title: SIGNATURE Date: 22 P a g e

23 FORM C: NON-COLLUSION AFFIDAVIT I, of the City of in the County of and the State of of full age, being duly sworn according to law on my oath depose and say that: I am the (title) of the firm of (company name) and the bidder making the Proposal for the above names contract, and that I executed the said Proposal with full authority so to do; that I have not, directly or indirectly, entered into any agreement, participated in any collusion, discussed any or all parts of this proposal with any potential bidders, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named bid, and that all statements contained in said Proposal and in this affidavit are true and correct, and made with full knowledge that NPCS of the City of Newark relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said bid. 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 of bona fide established commercial or selling agencies maintained by the following company: (Print Name of Contractor/Vendor) Subscribed and sworn to: before (SIGNATURE OF CONTRACTOR/VENDOR) me this day of (month/year). Print Name of Notary Public Signature of Notary Public My commission expires,. - Seal 23 P a g e

24 FORM D: STOCKHOLDER/PARTNERSHIP DISCLOSURE AND STATEMENT OF OWNERSHIP Please check one type of Ownership, complete the form, and execute where provided. Corporation Limited Partnership Partnership Limited Liability Corp. Sole Proprietorship Limited Liability Partnership Sub Chapter S Corp. Other- No corporation or partnership shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any material or supplies, the cost of which is to be paid with or out of any public funds, by the State or any county, municipality or school district, or any subsidiary or agency of the State, or by an authority, board or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid of said corporation or said partnership, there is submitted a statement setting forth the names and all individual partners in the partnership who own a 10% or greater interest therein, as the case may be. If one or more such stockholder or partner is itself a corporation or partnership, the stockholder holding 10% or more of that corporation or partnership the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be, continued until names and addresses of every non-corporate stockholder, and individual partner, exceeding the 10% ownership criteria established in this act, has been listed. IT IS MANDATORY THAT THIS FORM BE COMPLETED AND SUBMITTED WITH BID. In the event that there are no persons who own ten percent or more of the stock or ownership of the bidder, then such fact should be certified below as part of this disclosure. Name of Company Address City, State, Zip List of Owners with Ten Percent (10%) or More Interest Owner s Name Home Address Title/Office Held Percent (%) of Partnership Shares Owned NOTE: If you need more space than that provided above, please use an extra sheet for furnishing the above required information for any remaining persons or entities. 24 P a g e

25 Signature Date If your firm is not a corporation and/or partnership, please explain below how your firm is organized and include a list of the various principals. Our firm,, is organized Names of Principals Title Use additional paper if needed. Check here if additional sheets are attached. Name of Company Address City, State, Zip Authorized Agent Title SIGNATURE OF AUTHORIZED AGENT 25 P a g e

26 FORM E: CONTRACTOR/VENDOR QUESTIONNAIRE/CERTIFICATION Name of Company: Street Address : PO Box: City, State, Zip : Business Phone Number ( ) Ext. Emergency Phone Number ( ) FAX No. ( ) Years in Business : Number of Employees: References: from school districts in NJ with a similar enrollment to NPCS. Three (3) references must be provided. Name of District Address Contact Person/Title Phone VENDOR CERTIFICATION Direct/Indirect Interests I declare and certify that no member of NPCS, nor any officer or employee or person whose salary is payable in whole or in part by said Board or their immediate family members are 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 Board member, employee, officer of NPCS 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. Gifts; Gratuities; Compensation I declare and certify that no person from my firm, business, corporation, association or partnership offered or paid any fee, commission or compensation, or offered any gift, gratuity or other thing of value to any school official, board member or employee of NPCS. I certify that I am not an official or employee of NPCS. I further certify that I understand that it is a crime in the second degree in New Jersey to knowingly make a material representation that is false in connection with the negotiation, award or performance of a government contract. Printed Name of President/Authorized Agent Signature 26 P a g e