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1 B COVER SHEET REQUEST FOR PROPOSAL #B FOR: Printing and Delivery of Diplomas SEE ATTACHMENT A PRICE SHEET RETURN BID TO: STOCKTON UNIVERSITY 101 VERA KING FARRIS DRIVE, UPPER N-WING GALLOWAY, NJ FEDERAL ID# NJ TAX EXEMPT AS PER NJSA 54:32b-1 ET SEQ. INITIAL IF APPLICABLE, BIDDER S ACKNOWLEDGEMENT OF RECEIPT OF ANY NOTICE(S), REVISION(S) OR ADDENDA TO THE SPECIFICATIONS/BID DOCUMENT(S) 1. BID PROPOSALS MUST BE RECEIVED AT OR BEFORE THE PUBLIC OPENING TIME OF 2:00 PM on Friday, March 24, 2017 AT THE FOLLOWING ADDRESS (NOTE: TELEPHONE, TELEFACSIMILE OR TELEGRAPH PROPOSALS WILL NOT BE ACCEPTED): PURCHASING DEPARTMENT STOCKTON UNIVERSITY 101 VERA KING FARRIS DRIVE, UPPER N-WING GALLOWAY, NJ THE BIDDER MUST SIGN THIS RFP COVER SHEET 3. THE BID PROPOSAL MUST INCLUDE ALL PRICE INFORMATION. PROPOSAL PRICES SHALL INCLUDE DELIVERY OF ALL ITEMS, F.O.B. DESTINATION OR AS OTHERWISE PROVIDED. PRICE QUOTES MUST BE FIRM THROUGH ISSUANCE OF CONTRACT. 4. ALL PROPOSAL PRICES MUST BE TYPED OR WRITTEN IN INK. 5. ALL CORRECTIONS, WHITE-OUTS, ERASURES, RESTRIKING OF TYPE, OR OTHER FORMS OF ALTERATION, OR THE APPEARANCE OF ALTERATION, TO UNIT AND/OR TOTAL PRICES MUST BE INITIALED IN INK BY THE BIDDER. 6. THE BIDDER MUST COMPLETE AND SUBMIT WITH BID ALL REQUIRED BID DOCUMENTS 7. FOR SET ASIDE CONTRACTS ONLY, A BIDDER MUST BE REGISTERED WITH THE N.J. DEPARTMENT OF COMMERCE AS A SMALL BUSINESS BY THE DATE OF BID OPENING. 8. BY SIGNING THIS RFP COVER SHEET, THE BIDDER CERTIFIES AND CONFIRMS THAT NEITHER THE BIDDER, ITS REPRESENTATIVES, AGENTS OR LOBBYISTS HAVE INITIATED ANY INAPPROPRIATE CONTACT WITH ANY UNIVERSITY EMPLOYEE DURING THE PROCUREMENT TO ATTEMPT TO AFFECT THE BIDDING PROCESS AND SHALL NOT DO SO AFTER SUBMISSION OF THE BID PROPOSAL. 9. PROPOSALS SHALL REMAIN OPEN FOR ACCEPTANCE AND MAY NOT BE CHANGED OR WITHDRAWN FOR A PERIOD OF SIXTY (60) DAYS AFTER THE BID OPENING DATE. 10. THE ADDRESS PROVIDED ON THIS FORM FOR NOTIFICATION PURPOSES SHALL BE DEEMED AN APPROPRIATE MEANS OF COMMUNCIATION IN REGARDS TO THIS RFP AND ANY RESULTIING AWARD(S). TO BE COMPLETED BY BIDDER 12. FIRM NAME: ADDRESS: 13. BIDDER TEL#: EXT: 14. FEDERAL EMPLOYER IDENTIFICATION #: 15. BIDDER FAX# 16. BIDDER ADDRESS: SIGNATURE OF THE BIDDER ATTESTS THAT THE BIDDER HAS READ, UNDERSTANDS, AND AGREES TO ALL TERMS, CONDITIONS, AND SPECIFICATIONS SET FORTH IN THE REQUEST FOR BID INCLUDING ALL ADDENDA, FURTHERMORE, SIGNATURE BY THE BIDDER SIGNIFIES THAT ADDENDA ISSUED, THE REQUEST FOR BID, THE UNIVERSITY S TERMS AND CONDITIONS (PAGE 2) AND THE RESPONSIVE BID CONSTITUTE A CONTRACT IMMEDIATELY UPON NOTICE OF ACCEPTANCE BY THE UNIVERSITY FOR ANY OR ALL OF THE ITEMS BID, AND FOR THE LENGTH OF TIME INDICATED IN THE REQUEST FOR BID. FAILURE TO ACCEPT THE CONTRACT WITHIN THE TIME PERIOD INDICATED IN THE REQUEST FOR BID, OR FAILURE TO HOLD PRICES OR TO MEET ANY OTHER TERMS AND CONDITIONS AS DEFINED IN EITHER ADDENDA OR THE REQUEST FOR BID DURING THE TERM OF THE CONTRACT SHALL CONSTITUTE A BREACH AND MAY RESULT IN CONTRACT TERMINATION. A DEFAULTING CONTRACTOR MAY ALSO BE LIABLE, AT THE OPTION OF THE UNIVERSITY, FOR THE DIFFERENCE BETWEEN THE CONTRACT PRICE AND THE PRICE BID BY AN ALTERNATE VENDOR OF THE GOODS OR SERVICES IN ADDITION TO OTHER REMEDIES AVAILABLE. ORIGINAL SIGNATURE OF BIDDER DATE PRINT/TYPE NAME TITLE

2 STOCKTON UNIVERSITY TERMS AND CONDITIONS The Stockton University Terms and Conditions shall apply to all contracts or purchase agreements made with Stockton University. These terms and conditions are in addition to the terms and conditions set forth in the RFP and should be read in conjunction with same unless the RFP specifically indicates otherwise. The Stockton University Terms and Conditions shall prevail and take precedence over any conflicting terms and conditions contained in the bidder s proposal. Additionally, a proposal that is submitted with revisions or additions to Stockton University s terms and conditions may be deemed non-responsive. 1. STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL VENDORS 1.1 CORPORATE AUTHORITY It is required that all corporations be authorized to do business in the State of New Jersey. Corporations incorporated out of the State must file a Certificate of Authority with the Secretary of State, Department of State, State House, Trenton, New Jersey Refer to N.J.S.A.Title 14A chapter ANTI-DISCRIMINATION All parties to any contract with the University agree not to discriminate in employment and agree to abide by all anti-discrimination laws including those contained within N.J.S.A. 10:2-1 through 10:2-4 N.J.S.A.10:5-31 through 10:5-38, and all rules and regulations issued thereunder. 1.3 PREVAILING WAGE ACT The New Jersey Prevailing Wage Act P.L Chapter 150, is hereby made a part of every contract entered into on behalf of the University, except those contracts which are not within the contemplation of the Act. The bidder s signature on this proposal is his guarantee that neither he nor any subcontractors he might employ to perform the work covered by this proposal are listed or are on record in the Office of the Commissioner of the Department of Labor and Workforce Development as one who has failed to pay prevailing wages in accordance with the provisions of the Act. 1.4 THE WORKER AND COMMUNITY RIGHT TO KNOW ACT (P.L. 1983, C. 315: N.J.S.A. 34:5A-1 et seq.) required employers to label all containers of hazardous substances by March 1, By August 29, 1986, employers were to label all containers on University premises. Under the terms of the Act, the University is considered an employer, therefore, all goods offered for purchase to the University must be labeled in compliance with the provisions of the Act. 1.5 OWNERSHIP DISCLOSURE Contracts for any work, goods or services cannot be issued to any firm unless prior to or at the time of bid submission the firm has disclosed the names and addresses of all its owner holding 10% or more of the firm s stock or interest. Refer to N.J.P.L.1977 Chapter COMPLIANCE STATE LAWS It is agreed and understood that any contracts and/or orders placed as a result of this proposal shall be governed and construed and the rights and obligations of the parties hereto shall be determined in accordance with the laws of the STATE OF NEW JERSEY in New Jersey courts without regard to principles of conflict of interest. This contract is subject to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. and the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 et seq. 1.7 COMPLIANCE LAWS - The vendor must comply with all local, state, and federal laws, rules and regulations applicable to this contract and to the work to be done hereunder. 1.8 BUSINESS REGISTRATION Compliance with the requirements of P.L. 2004, c. 57 et seq. (Business Registration) and throughout the contract term. The firm understands that failure to abide by the requirements of this statute and to continue to do so, constitutes a material breach of contract in the award or performance of this contract such that the firm may be disqualified or payments pursuant to the contract may be withheld until compliance is perfected. Further the firm agrees to advise in writing any subcontractors of the need to comply with this requirement. 1.9 POLITICAL CONTRIBUTIONS DISCLOSURE The firm will supply completed disclosure forms when requested so it is compliant with the Requirements of Public Law 2005, Chapter 51(N.J.S.A.19:44A ) Political Activity Disclosure, dated September 22, 2004 and any statutes or regulations which result thereof. The firm agrees during the course of this contract that it remains compliant with Public Law, Chapter 51and to notify the University if at any time it is no longer compliant. The firm understands that failure to abide by the requirements of this statute and to continue to do so, constitutes a material breach of contract in the award or performance of this contract such that the firm may be disqualified or payments made pursuant to this contract may be withheld until the State Treasurer or his designee gives approval that the requirements of the Public Law have been met. 2. LIABILITIES 2.1 LIABILITY COPYRIGHT The Contractor shall hold and save the University, its officers, agents, servants and employees harmless from liability of any nature or kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract. 2.2 INDEMNIFICATION The Contractor shall assume all risk of and responsibility for, and agrees to indemnity, defend, and save harmless the University and its employees from and against any and all claims, demands, suits, actions, recoveries, judgment, and costs and expenses in connection therewith on account of the loss of life, property or injury or damage to the person, body or property of any person or persons 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. Additionally, the University reserves the right, including but not limited to the engagement of a third party vendor, to manage, oversee and direct environmental remediation caused or necessitated as a result of actions by Contractor, its employees, agents, assigns or subcontractors or failures of their equipment. 2.3 INSURANCE The successful bidder shall secure and maintain in force for the term of the contract liability insurance is provided herein. The successful bidder shall provide the University with current certificates of insurance for all coverages and renewals thereof which must contain the provision that the insurance provided in the certificate shall not be cancelled for any reason except after thirty days written notice to the University Purchasing Office. All such policies shall name Stockton University and The State of New Jersey as Additional Insured. The insurance to be provided by the successful bidder shall be as follows: 1. Comprehensive General Liability policy as broad as the standard coverage form currently in use in the State of New Jersey, which shall not be circumscribed by any endorsements limiting the breadth of coverage. The policy shall include an endorsement (broad form) for contractual liability and products liability (completed operations). Limits of liability shall not be less than $1,000, per occurrence for bodily injury liability and $1,000, per occurrence for property damage liability, but must be aggregated at $3,000, or better. Policy shall be written to state that claims shall be covered as of the date of occurrence rather than the date of claim. An acceptable alternative is a claims made policy having a retroactive date the same as the last date of the last occurrence policy, and having an unlimited extended reporting period. The insurance carriers shall have a Best s Rating of B+ or better. 2. Comprehensive General Automobile Liability policy covering owned, non-owned, and hired vehicles with minimum limits of $1,000, combined single limits. 3. Worker s Compensation insurance applicable to laws of the State of New Jersey and Employer s Liability insurance with a limit of not less than $1,000, Upon request, the vendor will provide certificates of such insurance to the University Purchasing Office prior to the start of the Contract and periodically during the course of a multi-year contract. 3. TERMS GOVERNING ALL PROPOSALS 3.1 PERFORMANCE GUARANTEE The vendor hereby certifies; that The equipment offered is standard new equipment and is the manufacturer s latest model in production, with parts regularly used for the type of equipment offered, that such parts are all in production and not likely to be discontinued; also, that no attachment or part has been substituted or applied contrary to manufacturer s recommendations and standard practice. All equipment supplied to the University and operated by electrical current is UL approved. All new machines are to be guaranteed for a period of one year from time of delivery and/or installation and prompt service rendered without charge regardless of geographic location. Sufficient quantities of parts necessary for proper service to equipment will be maintained at distribution points and service headquarters. Trained mechanics are regularly employed to make necessary repairs to equipment in the territory from which the service request might emanate within a 48- hour period or within the time accepted as industry practice. The vendor shall immediately replace any material which is rejected for failure to meet the requirements of the University. All services rendered to the University shall be performed in strict and full accordance with the specifications as agreed to in the contract. A service contract shall not be considered complete until final approval by the University is rendered. Payment to vendors for services rendered may not be made until final University approval is given. 3.2 DELIVERY GUARANTEES Deliveries shall be made at such time and in such quantities as ordered in strict accordance with conditions contained in proposal. The vendor shall be responsible for the delivery of material in first class condition to the University or the purchaser under this contract, and in accordance with good commercial practice. 3.3 MAINTENANCE OF RECORDS The vendor shall maintain records for products and/or services delivered against the contract for a period of five (5) years from the date of final payment unless otherwise specified in the contract. Such records shall be made available to the University and to the New Jersey Office of State Comptroller, upon request, for audit and review. 3.4 TERMINATION This order may be terminated by the Purchaser in whole or in part at anytime. Upon receipt of a notice of termination, the Vendor shall stop all work in connection with this order, unless otherwise directed by the Purchaser. The Vendor shall immediately take the necessary action to issue stop order to all subcontractors and/or suppliers in connection with any outstanding sub-contracts or orders for equipment, materials, supplies, services and/or other charges for which the Vendor is committed and which relate directly to the completion of this order. The Vendor shall furnish the Purchaser with a list of all such outstanding sub-contracts and/or orders together with a report on their status. The Vendor shall be reimbursed for all reasonable expenses incurred by reason of any termination of this Purchase Order (except for termination as a result of default by the Vendor) including the Vendor's termination charges for which the Purchaser shall be liable. The final acceptance of the Vendor's claim for expenses and termination charges shall be through negotiation and by agreement between the Purchaser and the Vendor. In the event of such termination pursuant to a Notice of Termination received by the Purchaser from the United States Government in connection with any Contract, Sub-Contract, Grant or other form of agreement between the Purchaser and the Government, the Purchaser shall be obligated hereunder to pay the Vendor only the amount which shall be determined to be, or approved as reimbursable to the Purchase Order, the Government Contract, Sub-Contract, Grant or other form of agreement with respect to this Purchase Order. 4. TERMS RELATING TO PRICE QUOTATION 4.1 PRICE FLUCTUATIONS DURING CONTRACT All prices quoted shall be firm and not subject to increase during the period of the contract. In the event of a manufacturer s price decrease during the contract period, the University shall receive the full benefit of such price reduction of any undelivered purchase order and on any subsequent order placed during the contract period. The University must be notified in writing of any price reduction within five (5) days of the effective date. 4.2 DELIVERY COSTS Unless noted otherwise in the specifications, all prices for items in bid proposals are to be submitted F.O.B. Destination. Proposals submitted other than F.O.B. Destination may not be considered. Regardless of the method of quoting shipments, the vendors shall assume all liability and responsibility for the delivery of merchandise in good condition to the University or designated purchaser. F.O.B. Destination does not cover spotting but does include delivery on the receiving platforms of the University unless otherwise specified. No additional charges will be allowed for any transportation costs resulting from partial shipments made at vendor s convenience when a single shipment is ordered. The weights and measures of the University receiving the shipment shall govern. 4.3 TAX CHARGES The University is exempt from NJ Sales, Use Tax and Local Taxes under N.J.S.A. 54:32B- 9(A). As a public, non-profit institution the University is exempt from Federal Excise Tax. These taxes must not be included in vendor quotations or invoices. 4.4 PAYMENT TO VENDORS Payment will be processed after the following information has been supplied and receipt of goods or services verified: After delivery of goods or services, vendor must submit a properly executed and/or signed invoice/billing to the University Accounts Payable Department. All billings must show the University Purchase Order Number being referenced. The B/L express receipt and/or packing slip and related papers must be sent to the consignee with the merchandise. The University agrees to pay invoices within 30 days of the invoice date unless a discount is given. All interest on late payments is subject to the New Jersey Prompt Payment Act N.J.S.A. 52: CASH DISCOUNT A discount period will commence on the date the properly executed and/or signed Vendor s billing/invoice is received by the University for goods or services that have been duly accepted by the University in accordance with the terms, conditions, and specifications of the Contract/Purchase Order.

3 Request for Proposal For Printing and Delivery of Diplomas Bid # B Event Date Time RFP Question Cut Off Date (Refer to RFP Section for more information.) Pre-bid Conference Site Visit Bid Proposal Submission Due Date (Refer to RFP Section for more information.) 3/13/17 9:00AM N/A N/A 3/24/17 2:00PM Dates are subject to change. All changes will be reflected in Addenda to the RFP posted on the Purchasing website. Small Business Set-Aside Status Not Applicable Category RFP Issued By: Stockton University 101 Vera King Farris Drive Galloway, NJ

4 TABLE OF CONTENTS 1.0 INFORMATION FOR BIDDERS PURPOSE AND INTENT BACKGROUND PROPOSAL INFORMATION KEY EVENTS 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 BID ERRORS DEFINITIONS GENERAL DEFINITIONS CONTRACT SPECIFIC DEFINITIONS SCOPE OF WORK 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 RFP COVER SHEET OWNERSHIP DISCLOSURE CERTIFICATION IRAN CERTIFICATION MACBRIDE PRINCIPLES CERTIFICATION NON-COLLUSION FORMS REQUIRED BEFORE CONTRACT AWARD AND THAT SHOULD BE SUBMITTED WITH PROPOSAL BUSINESS REGISTRATION CERTIFICATE SOURCE DISCLOSURE CERTIFICATION DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER EMPLOYEE OR RELATIVE DISCLOSURE REQUIREMENT PRICE SHEET (ATTACHMENT A) SUBMITTALS SPECIAL CONTRACTUAL TERMS AND CONDITIONS PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS CONTRACT TERM 11 2

5 5.3 CONTRACT AMENDMENT INSURANCE CERTIFICATES INDEMNIFICATION CONTRACTOR S WARRANTY REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENT TERMINATION DISPUTES SUBCONTRACTING ADDITIONAL WORK AND/OR SPECIAL PROJECTS COMPLIANCE WITH LAWS AND STANDARDS ASSIGNMENT STATE OF NEW JERSEY ANTI-DISCRIMINATION REQUIREMENTS SET-OFF FOR STATE TAX AVAILABILITY OF FUNDS OWNERSHIP OF MATERIALS MAINTENANCE OF RECORDS PROPOSAL EVALUATION EVALUATION CRITERIA TECHNICAL EVALUATION CRITERIA PRICE EVALUATION ORAL PRESENTATION AND/OR CLARIFICATION OF BID PROPOSAL PROPOSAL DISCREPANCIES CONTRACT AWARD DOCUMENTS/APPROVALS REQUIRED BEFORE CONTRACT AWARD FINALIZATION AFFIRMATIVE ACTION POLITICAL CONTRIBUTION DISCLOSURE REQUIREMENTS. 17 PRICE SHEET - ATTACHMENT A SUMMARY INFORMATION SHEET ATTACHMENT B EXHIBIT A EO151 EXHIBIT B - SPECIFICATIONS BID DOCUMENT CHECKLIST 3

6 1.0 INFORMATION FOR BIDDERS 1.1 PURPOSE AND INTENT This Request for Proposal ( RFP ) is issued by Stockton University (the University ), a New Jersey State University located in Galloway, New Jersey, for the printing and delivery of graduation diplomas, covers and envelopes. The intent of this RFP is to award a contract to the responsible bidder whose proposal, conforming to this RFP is most advantageous to the University, price and other factors considered. The University, however, reserves the right to separately procure individual requirements that are the subject of the contract during the contract term, when deemed to be in the University s best interest. The Stockton University Terms and Conditions will apply to all contracts or purchase agreements made with the University. 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 The University is a mid-sized, liberal arts university with an enrollment of approximately 8,700 students. The University offers both undergraduate and graduate programs. Of the 8,700 students, approximately 2,500 are residential students. The University holds graduation ceremonies in May. 1.3 PROPOSAL INFORMATION Bidders shall follow the instructions contained in the document in preparing and submitting a proposal in response to this RFP. Failure to abide by the instructions may cause the Bidder s proposal to be deemed non-responsive to the RFP and may be cause for rejection, The primary medium for communication regarding this RFP shall be via the internet. The Required Forms, Addenda, Questions and Answers can all be accessed once you login into the Purchasing website at It is the responsibility of the Bidder to monitor the website for any changes, additions, clarifications, cancellations etc. as related to this RFP. Use of the internet has proven to be the most efficient medium for communication with potential Bidders. It is by no means intended by the University to be exclusionary. If internet access is not available to an interested Bidder, the Bidder must immediately provide the University in writing with an alternate method of communication such as the firm s fax number or mailing address ( Alternative Method of Communication ). The University reserves the right to reject any or all proposals or to award in whole, or in part, if deemed to be most advantageous to the University, price, and other factors considered. Furthermore, the University reserves the right to waive any other bid requirement in their sole discretion when such waiver is in the best interest of the University and where such waiver is permitted by law. 1.4 KEY EVENTS QUESTION AND ANSWER PERIOD The Purchasing Department will accept questions and inquiries from all potential Bidders via or fax, at rfp-purchasing@stockton.edu or

7 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 University department directly, in person, by telephone or by , concerning this RFP. The cut-off date for faxed questions and inquiries is by 9:00AM on Tuesday, March 13, SUBMISSION OF BID PROPOSAL In order to be considered, proposals must arrive at the Purchasing Office of the University before the date and time specified on the RFP form 2:00 P.M prevailing local time. The Purchasing Office is located on the main campus; the Bidder must allow sufficient time for parking and delivery of your submission. The time for receipt is firm. Bidders mailing proposals should allow for normal mail delivery time and internal circulation within the University to ensure the timely receipt of their proposals by the Purchasing Office. Stockton University assumes no responsibility for unmarked, Fed Ex, UPS or any other carrier/mail service. Proposals shall be sealed and indicate the Bid No. B on the envelope. Sealed proposals are to be submitted to: Stockton University Office of Purchasing Upper N Wing 101 Vera King Farris Drive Galloway, NJ ANY BID PROPOSAL NOT RECEIVED ON TIME AT THE LOCATION NOTED WILL BE REJECTED 1.5 ADDITIONAL INFORMATION ADDENDA: REVISIONS TO THIS RFP In the event that it becomes necessary to revise this RFP, such 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. ADDENDA ISSUED WILL BE POSTED ON PURCHASING WEBSITE. There are no designated dates for release of addenda. Interested Contractors should check the Purchasing website on a daily basis from time of RFP issuance through bid proposal submission. It is the sole responsibility of the Bidder to be knowledgeable of addenda issued relating to this RFP 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 University 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. 5

8 1.5.4 CONTENTS OF BID PROPOSAL Subsequent to bid opening, all information submitted by a Bidder in the bid proposal 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 in its bid proposal as not subject to disclosure when the Bidder has a good faith legal/factual basis for such assertion. The University 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 University will not honor any attempt by a Bidder either to designate its entire bid proposal as proprietary and/or to claim copyright protection for its entire proposal 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 BID ERRORS A Bidder may request that its bid proposal be withdrawn prior to bid opening. Such request must be made, in writing, to the Director of Purchasing. If the request is granted, the Bidder may submit a revised bid proposal as long as the revised bid proposal is received prior to the announced date and time for the opening of bid proposals and at the place specified. If, after the opening of bid proposals but before contract award, a Bidder discovers an error in its bid proposal, the Bidder may make written request to the Director of Purchasing for authorization to withdraw its bid proposal from consideration for award. Evidence of the Bidder s good faith in making this request shall be used in making the determination. The factors that will be considered are that the mistake is so significant that to enforce the contract resulting from the bid proposal would be unconscionable; that the mistake relates to a material feature of the contract; that the mistake occurred notwithstanding the Bidder s exercise of reasonable care; and that the University will not be significantly prejudiced by granting the withdrawal of the bid proposal. If, during the evaluation of bid proposals received, an obvious pricing error made by a potential contract awardee is found, the Director of Purchasing shall issue written notice to the Bidder. The Bidder will have five days after receipt of the notice to confirm its pricing. If the Bidder fails to respond, its bid proposal shall be considered withdrawn, and no further consideration shall be given it. If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing other than a disparity between the unit price and extended price and the Bidder s intention is not readily discernible from other parts of the bid proposal, the University may seek clarification from the Bidder to ascertain the true intent of the bid proposal. 2.0 DEFINITIONS 2.1 GENERAL DEFINITIONS The following definitions will be part of the contract awarded as result of this RFP: Addendum - Written revision to this RFP issued by Purchasing. 6

9 All-Inclusive Price A price that is all-inclusive of all direct and indirect costs, including, but not limited to, direct labor costs, overhead, fee or profit, equipment, materials, supplies, managerial support, documents, forms, reproductions thereof and any other costs. No additional fees or costs shall be paid by the University unless there is a change in the scope of work. 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 University s Vice President for Administration and Finance. Bidder A Contractor submitting a bid proposal in response to this RFP. Contract The contract awarded as a result of this RFP shall consist of addendum to this RFP, this RFP (including the University s Standard Contract Terms and Conditions), the Contractor's bid proposal and the University s Service Agreement incorporating these documents and signed by the Contractor and the University s Vice President for Administration and Finance. Contractor - The Contractor is the Bidder awarded a contract. 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 University. Shall or Must - Denotes that which is a mandatory requirement. Should - Denotes that which is recommended, but not mandatory. Subcontractor An entity having an arrangement with the Contractor, where by the Contractor uses the products and/or services of that entity to fulfill some of its obligations under its contract, while retaining full responsibility for the performance of all of its [the Contractor's] obligations under the contract, including payment to the subcontractor. The subcontractor has no legal relationship with the University, only with the Contractor. University - Stockton University. 2.2 CONTRACT SPECIFIC DEFINITIONS None for this procurement. 3.0 SCOPE OF WORK The Contractor shall produce and deliver the undergraduate and graduate degree diploma inserts and covers in the quantities list in Attachment A Price Sheet. All specifications for the inserts, covers, and plates can be found in Exhibit B Specifications. The Contractor must have a 24/7 online system for ordering, updating on the status of orders and sends an notification when the orders have shipped. The Contractor shall ship the diplomas no later than six (6) weeks after the initial order; three (3) weeks for replacement orders, and special rushed orders within three (3) days. 7

10 Quantities listed in Attachment A Price Sheet are estimated usage by the University. The University actual usage may be more or less than the quantities listed. The University does not guarantee an annual usage quantity. 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 Cover sheet, 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 Purchasing Department in accordance with the instructions on the RFP s Cover sheet. Bidders are cautioned to allow adequate delivery time to ensure timely delivery of bid proposals. Late bid proposals are ineligible for consideration. THE EXTERIOR OF ALL BID PROPOSAL PACKAGES ARE TO BE LABELED WITH THE RFP NUMBER - B AND TITLE AND THE BIDDER S NAME AND ADDRESS. 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 one (1) exact copy of their proposal. 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 University 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 RFP COVER SHEET The Bidder shall complete and submit the RFP Cover sheet. The RFP Cover sheet shall be signed by an authorized representative of the Bidder. If the Bidder is a limited partnership, the RFP Cover sheet must be signed by a general partner. If the Bidder is a joint venture, the RFP Cover sheet 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 CERTIFICATION In the event the Bidder is a corporation, partnership or sole proprietorship, the Bidder must complete the attached Ownership Disclosure Certification. A current completed Ownership Disclosure Certification must accompany the bid proposal. If the Bidder is a joint venture, an Ownership Disclosure Certification must be completed and submitted by each party to the joint venture. Failure to comply will result in rejection of the bid proposal IRAN CERTIFICATION The Bidder must certify on this form, pursuant to Public Law 2012, c.25, that neither the Bidder nor any of the Bidder s parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury s list of entities determined to be engaged in prohibited activities in Iran. 8

11 MACBRIDE PRINCIPLES CERTIFICATION The bidder must certify pursuant to N.J.S.A. 52: that it is in compliance with the MacBride principles of nondiscrimination in employment as set forth in N.J.S.A. 52:18A-89.5 and in conformance with the United Kingdom s Fair Employment (North Ireland) Act of 1989, and permit independent monitoring of their compliance with those principles. Please refer to N.J.S.A. 52: for additional information about the MacBride principles. By signing the RFP Cover Sheet, the Bidder is automatically certifying that either: The Bidder has no operations in Northern Ireland; or The Bidder has business operations in Northern Ireland and is committed to compliance with the MacBride principles. A Bidder electing not to certify to the MacBride Principles must nonetheless sign the RFP Cover Sheet AND must include, as part of its proposal, a statement indicating its refusal to comply with the provisions of this Act NON-COLLUSION By submitting a proposal, the Bidder certifies as follows: a. The price(s) and amount of its proposal have been arrived at independently and without consultation, communication or agreement with any other Contractor, Bidder or potential Bidder. b. Neither the price(s) nor the amount of its proposal, and neither the approximate price(s) nor approximate amount of this proposal, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before the proposal submission. c. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal. d. The proposal of the firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal. e. The Bidder, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four (4) years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract FORMS REQUIRED BEFORE CONTRACT AWARD AND SHOULD BE SUBMITTED WITH THE BID PROPOSAL BUSINESS REGISTRATION CERTIFICATE In accordance with N.J.S.A. 52:32-44(b), a Bidder and its named subcontractors must have a valid Business Registration Certificate ( BRC ) issued by the Department of Treasury, Division of Revenue prior to the 9

12 award of a contract. To facilitate the proposal evaluation and contract award process, the Bidder should submit a copy of its valid BRC and those of any named subcontractors with its proposal. 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 SOURCE DISCLOSURE CERTIFICATION Pursuant to N.J.S.A. 52: , prior to an award of contract, the Bidder is required to submit a completed source disclosure form, disclosing the location by country where services under the contract, including subcontracted services, will be performed. This statute requires that the services shall be performed within the United States. The Bidder s inclusion of the completed Services Source Disclosure Form with the proposal is requested and advised DISCLOSURE OF INVESTIGATIONS AND OTHER ACTIONS INVOLVING BIDDER The bidder should provide a detailed description of any investigation, litigation, including administrative complaints or other administrative proceedings, involving any public sector clients during the past five (5) years including the nature and status of the investigation, and, for any litigation, the caption of the action, a brief description of the action, the date of inception, current status, and, if applicable, disposition. The bidder shall use the Disclosure of Investigations and Actions Involving Bidder form for this purpose EMPLOYEE OR RELATIVE DISCLOSURE REQUIREMENT The Bidder shall disclose if they or any employee, stockholder/shareholder who owns 10% or more of stock, or corporation or any partner who owns 10% or more of interest is currently employed by the University; or if the bidder or any employee of the bidder is currently a student at the University PRICE SHEET The Bidder must submit its pricing using the format set forth in the Price Sheet attached hereto as Attachment A. Failure to submit all information required will result in the proposal being considered non-responsive. Each bidder is required to hold its prices firm through issuance of contract SUBMITTALS In order to be considered, vendors must submit a complete response to this RFP. Complete responses must include all information requested in this RFP and address all requirements listed in this document. The response should be concise and shall be organized in a manner that will quickly access information. A. Summary Information Sheet- Attachment B B. What is your refund policy for returned diplomas? C. What does your company s support staff consist of? D. Please provide a sample diploma and cover. 5.0 SPECIAL CONTRACUAL TERMS AND CONDITIONS 5.1 PRECEDENCE OF SPECIAL CONTRACTUAL TERMS AND CONDITIONS The contract awarded as a result of this RFP shall consist of addendum to this RFP, this RFP (including the University s Standard Contract Terms and Conditions), the Contractor's bid proposal and the University s Service 10

13 Provider Agreement incorporating these documents and signed by the Contractor and the University s Vice President for Administration and Finance. In the event of a conflict between provisions within the contract documents, the contract documents shall have the following order of priority: Agreement, RFP Addendum by later issuance date, the RFP, the University s Standard Contract Terms and Conditions and the Contractors bid proposal. 5.2 CONTRACT TERM The term of this contract will be for a period of three (3) years. 5.3 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 University s Vice President for Administration and Finance. 5.4 INSURANCE CERTIFICATES The Bidder recommended for contract award shall provide the University with current certificates of insurance for all coverages required below. The Contractor shall show evidence of, prior to the commencement of services, and maintain, at its own expense, until final acceptance by the University of all services required under the Agreement, insurance for liability for damages imposed by law and assumed under the Agreement, of the kinds and in the amounts hereinafter provided, with insurance companies authorized to do business in the State of New Jersey. The University prohibits capping liability to anything less than the liability insurance coverage. All of the policies of insurance required to be purchased and maintained and the certificates, declaration pages, or other evidence thereof shall contain a provision or endorsement that the coverage afforded is not to be cancelled, materially changed or non-renewed without at least 30 days prior written notice to the University by certified mail. All such policies shall name Stockton University and the State of New Jersey as "Additional Insured". The Contractor shall procure and maintain the below listed types of insurance with limits of liability in at least the amounts also listed below: A. Commercial General Liability Insurance. The minimum limit of liability shall be $1,000,000 per occurrence (combined single limit for bodily injury and property damage)/$3,000,000 aggregate, including products/completed operations and contractual liability insurance. B. Workers Compensation and Employer's Liability Insurance. This insurance shall include Employer s Liability Protection with a limit of liability not less than $100,000 per accident/$300,000 per disease for each employee/$300,000 aggregate per disease. Worker's Compensation and Employer's Liability insurance shall be provided in accordance with the requirements of the laws of New Jersey. C. Comprehensive Automobile Liability Insurance. The policy shall cover owned, nonowned, hired, leased and rented vehicles with minimum limits of liability in the amount 11

14 of $500,000 per accident as a combined single limit for bodily injury and property damage. 5.5 INDEMNIFICATION The Contractor will indemnify, defend and hold harmless the University, its employees, representatives, and agents from and against any and all losses, suites, claims demands, fines, penalties, awards, damages, costs and expenses as well as reasonable attorney fees and court costs arising out of or in connection with: (A) any negligence, default, breach, errors or omissions by the Contractor of obligations under this Contract; or, (B) violations or non-compliance with federal, State, local or municipal laws & regulations ordinances, building codes (including Americans with Disabilities Act, OSHA Environmental Protection Act) arising from the performance of this Contract or arising out of conditions created or caused to be created by the Contractor, its agents, employees and subcontractors. The University is a State entity under and subject to the provisions of N.J.S.A. 18A:64-1 et seq. prohibiting it from providing indemnification to entities not specifically cited in N.J.S.A. 18A: Any Contract signed on behalf of the State of New Jersey by a State official shall be subject to all of the provisions of the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.), the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq.), and the availability of appropriations. 5.6 CONTRACTOR S WARRANTY 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. 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 acceptance or payment for any of the services rendered under the contract shall not be construed as a waiver by the University, of any rights under the agreement or of any cause of action arising out of the Contractor s performance of the contract. The acceptance of, approval of or payment for any of the services performed by the Contractor under the contract shall not constitute a release or waiver of any claim the University has or may have for latent defects or errors or other breaches of warranty or negligence. 5.7 REMEDIES FOR FAILURE TO COMPLY WITH MATERIAL CONTRACT REQUIREMENTS In the event that the Contractor fails to comply with any material contract requirements, the University s Vice President for Administration and Finance may take steps to terminate the contract in accordance with the provisions herein and/or authorize the delivery of contract items by any available means, with the difference between the price paid and the defaulting Contractor's price either being deducted from any monies due the defaulting Contractor or being an obligation owed the University by the defaulting Contractor. If the contractor fails to timely and adequately perform the obligations under the Contract, Stockton, in its sole discretion, shall have the right to pursue a claim in a court of competent jurisdiction against the contractor for any 12

15 resulting compensatory damages and consequential damages, and recover any and all reasonable attorneys fees, and costs including but not limited to court costs, witness costs and consultant costs incurred pursuing the claim. Nothing in this Section waives Stockton s right to seek equitable indemnity, and all other available legal remedies, for any claim. 5.8 TERMINATION The University reserves the right to terminate this Agreement on seven (7) days notice to the Contractor for any reason (the "Termination Date"). In such instance, the Contractor shall be paid for services performed and accepted by the University up to the Termination Date. 5.9 DISPUTES The University shall be, in the first instance, the interpreter of the requirements of this contract and the impartial judge of the Contractor s performance hereunder. The Contractor may, at any time, request a conference of any claim, dispute or matter in question arising out of or relating to contract. Consistent with the intent of this contract, the University may schedule a conference for the purpose of settling or resolving any such disputes, claims or other matters. Where such a conference is conducted, the Contractor shall be afforded the opportunity to be heard on the matter in question. The University may appoint a duly authorized University representative to act on the University s behalf. Following review of the Contractor s request, the University and the Contractor may settle or resolve the disputed matter. If an agreement cannot be reached, the final decision rendered by the authorized University representative as a result of the conference is binding. The final decision may be appealed to the Appellate Division pursuant to N.J.S.A. 18A:3B-6(f) SUBCONTRATING Any contract awarded pursuant to this RFP shall not be subcontracted without the prior written approval from the Vice President for Administration and Finance to any other person, company, corporation, firm, organization or agency. At the time of proposing, the Bidder shall submit a list of subcontractors, the type of work performed, and other pertinent data so as to qualify the subcontractor s capabilities. To the extent that the Contractor engage subcontractor(s) to perform services under this contract, the Contractor proposes to demonstrate that a good faith effort was made to utilize subcontractor(s) who are registered with the Division of Revenue and Enterprise Services as SBEs, as more fully described on Appendix C of Executive Order 151 and made part of this agreement as Exhibit A. The Contractor shall submit proof of subcontractor(s) SBE registration and efforts to utilize SBE subcontractor(s) as part of the contract documents and shall complete such other forms as may be required by the University for State reporting of participation ADDITIONAL WORK AND/OR SPECIAL PROJECTS The Contractor shall not begin performing any additional work or special projects without first obtaining written approval from the University. In the event of additional work and/or special projects, the Contractor must present a written proposal to perform the additional work to the University. The proposal should provide justification for the necessity of the additional work. The relationship between the additional work and the base contract work must be clearly established by the Contractor in its proposal. 13

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