B130013 COVER SHEET REQUEST FOR PROPOSAL #B130013 FOR: PRINTING AND DELIVERY OF THE COLLEGE YEARBOOK RETURN BID PROPOSAL TO: THE RICHARD STOCKTON COLLEGE OF NEW JERSEY 101 VERA KING FARRIS DRIVE, BLDG. 70 GALLOWAY, NJ 08205-9441 TOTAL COST 2014 $ _____________________ TOTAL COST 2015 $ _____________________ TOTAL COST 2016 $ _____________________ FEDERAL ID# 222832788 NJ TAX EXEMPT AS PER NJSA 54:32b-1 ET SEQ. TOTAL BID PRICE: $____________________ 1. BID PROPOSALS MUST BE RECEIVED AT OR BEFORE THE PUBLIC OPENING TIME OF 2:00 PM ON WEDNESDAY, MARCH 27, 2013 AT THE FOLLOWING ADDRESS (NOTE: TELEPHONE, TELEFACSIMILE OR TELEGRAPH PROPOSALS WILL NOT BE ACCEPTED): PURCHASING DEPARTMENT THE RICHARD STOCKTON COLLEGE OF NEW JERSEY 101 VERA KING FARRIS DRIVE, PLANT MGMT. BLDG. 70 GALLOWAY, NJ 08205-9441 2. 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. IN THE EVENT THAT THERE IS A DISCREPANCY BETWEEN THE UNIT PRICES AND THE EXTENDED TOTALS, THE UNIT PRICES SHALL PREVAIL. IN THE EVENT THERE IS AN ERROR OF THE SUMMATION OF THE EXTENDED TOTALS, THE COMPUTATION BY THE OWNER OF THE EXTENDED TOTALS SHALL GOVERN. 6. 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. 7. THE BIDDER MUST COMPLETE AND SUBMIT WITH BID ALL REQUIRED BID DOCUMENTS (BID DOCUMENT CHECKLIST) 8. 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. 9. 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 COLLEGE EMPLOYEE DURING THE PROCUREMENT TO ATTEMPT TO AFFECT THE BIDDING PROCESS AND SHALL NOT DO SO AFTER SUBMISSION OF THE BID PROPOSAL. 10. THE BIDDER MUST BE REGISTERED WITH THE DIVISION OF REVENUE AND MUST SUBMIT A BUSINESS REGISTRATION CERTIFICATE WITH THE BID PROPOSAL. 11. PROPOSALS SHALL REMAIN OPEN FOR ACCEPTANCE AND MAY NOT BE CHANGED OR WITHDRAWN FOR A PERIOD OF SIXTY (60) DAYS AFTER THE BID OPENING DATE. TO BE COMPLETED BY BIDDER 12. FIRM NAME: ____________________________________________________________________________________ ADDRESS: _____________________________________________________________________________________ _____________________________________________________________________________________ 13. BIDDER TEL#: __________________EXT: _______ 14. FEDERAL EMPLOYER IDENTIFICATION #: _______________________________________________ 15. BIDDER FAX# __________________ 16. BIDDER E-MAIL 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 PROPOSAL INCLUDING ALL ADDENDA, FURTHERMORE, SIGNATURE BY THE BIDDER SIGNIFIES THAT ADDENDA ISSUED, THE REQUEST FOR PROPOSAL, THE COLLEGE’S TERMS AND CONDITIONS (PAGE 2) AND THE RESPONSIVE BID PROPOSAL CONSTITUTE A CONTRACT IMMEDIATELY UPON NOTICE OF ACCEPTANCE BY THE COLLEGE FOR ANY OR ALL OF THE ITEMS BID, AND FOR THE LENGTH OF TIME INDICATED IN THE REQUEST FOR PROPOSAL. FAILURE TO ACCEPT THE CONTRACT WITHIN THE TIME PERIOD INDICATED IN THE REQUEST FOR PROPOSAL, OR FAILURE TO HOLD PRICES OR TO MEET ANY OTHER TERMS AND CONDITIONS AS DEFINED IN EITHER ADDENDA OR THE REQUEST FOR PROPOSAL 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 COLLEGE, 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 1 THE RICHARD STOCKTON COLLEGE OF NEW JERSEY TERMS AND CONDITIONS The following terms and conditions apply to all contract or purchase agreements made with The Richard Stockton College of New Jersey unless specifically deleted on the College proposal form. Vendors submitting offers to the College must cross out any paragraph they do not agree to meet. Any cross out or change to the College terms and conditions will be a factor in the determination of an award of a contract or purchase agreement. Bidders are notified by this statement that all terms and conditions will become part of any contract(s) or order(s) awarded as a request for proposal whether stated in part, in summary or by reference. In the event a vendor’s terms and conditions conflict with the College, the College terms and conditions shall prevail. 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 08625.Refer to N.J.S.A.Title 14A chapter 13-3. 1.2 ANTI-DISCRIMINATION – All parties to any contract with the College 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. 1986. Chapter 150, is hereby made a part of every contract entered into on behalf of the College, 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 Industry 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, 1985. By August 29, 1986, employers were to label all containers on College premises. Under the terms of the Act, the College is considered an employer, therefore, all goods offered for purchase to the College 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 33. 1.6 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-20.1320.25) “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 College 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 College, 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 College 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 College 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 College 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 College Purchasing Office. All such policies shall name The Richard Stockton College of New Jersey 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 $1,000,000.00 per occurrence for bodily injury liability and $1,000,000.00 per occurrence for property damage liability, but must be aggregated at $3,000,000.00 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 $1,000,000.00 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 $1,000,000.00. Upon request, the vendor will provide certificates of such insurance to the College 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 College 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 48hour 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 College. All services rendered to the College 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 College is rendered. Payment to vendors for services rendered may not be made until final College 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 College 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 three (3) years from the date of final payment. Such records shall be made available to the College upon request. 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 College 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 College 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 College or designated purchaser. F.O.B. Destination does not cover “spotting” but does include delivery on the receiving platforms of the College unless otherwise specified. No additional charges will be allowed for any transportation costs resulting from partial shipments made at vendors convenience when a single shipment is ordered. The weights and measures of the College receiving the shipment shall govern. 4.3 TAX CHARGES – The College is exempt from NJ Sales, Use Tax and Local Taxes under N.J.S.A. 54:32B9(A). As a public, non-profit institution the College 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 College Accounts Payable Department. All billings must show the College 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 College 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. 52:32-35. 5. CASH DISCOUNT A discount period will commence on the date the properly executed and/or signed Vendor’s billing/invoice is received by the College for goods or services that have been duly accepted by the College in accordance with the terms, conditions, and specifications of the Contract/Purchase Order. 2 THE RICHARD STOCKTON COLLEGE OF NEW JERSEY GALLOWAY, NEW JERSEY 08205 REQUEST FOR PROPOSALS FOR PRINTING AND DELIVERY OF THE COLLEGE YEARBOOK BID NO. B130013 RESPONSE DUE BY: Wednesday, March 27, 2013 @ 2:00 P.M. 3 PURPOSE AND INTENT The Richard Stockton College of New Jersey (the “College”), a New Jersey public college located in Galloway, New Jersey, is issuing a Request for Proposals (“RFP”) for the printing and delivery of the College’s annual yearbook. 1.0 CONTRACT AND PROPOSAL INFORMATION 1.1 Issuing Office: This Request for Proposal is issued by the Purchasing Office of the Richard Stockton College of New Jersey, which shall be the sole point of contact for purposes of the RFP and subsequent addendums, if applicable. 1.2 Proposal Preparation: Respondents to this RFP shall follow the instructions contained in the document in preparing and submitting a response proposal. Failure to abide by the instructions may be deemed non-respondent to the RFP and may be cause for rejection. The primary medium for communication regarding this RFP shall be via the internet. Addendums, Questions and Answers can be accessed once your login to the Purchasing website at www.stockton.edu/purchasing. It is the responsibility of the Respondent 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 Respondents. It is by no means intended by the College to be exclusionary. If internet access is not available to an interested Respondent, the College will take alternate methods of communication measures to ensure all Respondents have an equal opportunity to submit a complete proposal. The Respondent must immediately provide the College in writing with an alternative method of communication such as the firm’s fax number or mailing address (“Alternative Method of Communication”). 1.3 Rejected Proposal: The College 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 College. 4 1.4 Cost Liability: The College assumes no responsibility and no liability for costs incurred by respondent firms prior to issuance of any agreement, contract, or purchase order. 1.5 Questions and Inquiries: All questions and/or inquiries must be submitted by email or fax to Annette Hamm at [email protected]. or faxed questions may be sent to 609626-3801. Please reference the bid number B130013. The deadline for questions is Wednesday, March 20, 2013 by 11:00 a.m. 1.6 Revisions to the Request for Proposal: In the event it becomes necessary to revise any part of this RFP, revisions will be advertised and posted on the website. Respondents will be required to acknowledge the receipt of the addendum, if any, on the bid document checklist 1.7 Response Date: In order to be considered, proposals must arrive at the Purchasing Office of the College no later than 2:00 p.m. (E.S.T.) Wednesday, March 27, 2013 at which time the Respondent’s proposals to this request will be publicly read aloud. Proposals should indicate/reference Bid Number B130013 on the front of the envelope to distinguish it form other bids received by the College. The time for receipt of proposals is firm. Respondents mailing proposals should allow for normal mail delivery time and internal circulation within the College to ensure the timely receipt of their proposals by the Purchasing Office. No proposals will be accepted after the specified time and date. 1.8 Mailing Instructions: The Richard Stockton College assumes no responsibility for unmarked envelopes. Nor will the College be responsible for the failure to deliver any bid by USPS, Fed Ex, UPS or any other carrier/mail service. It is the responsibility of the vendor to ensure timely delivery of your bid. Sealed proposals are to be submitted to: The Richard Stockton College Purchasing Dept. Bldg. 70 Plant Mgmt. 101 Vera King Farris Drive Galloway, NJ 08205 5 1.9 Qualification of Respondents: Respondents shall be of known reputation and shall have sufficient qualified personnel and equipment to perform adequately the prescribed service as per specifications. The Respondent must have at least 10 years experience in printing college yearbooks. As evidence of these qualifications, Respondents should submit the following information with their proposals by completing the Summary Information Sheet known as “Attachment A” containing the information listed below and return said sheets with their proposal. Statements such as “see previous proposals or lists submitted” are not acceptable and may be cause for proposals to be considered nonresponsive. Respondents must also address all questions outlined in “Attachment B”. 1. 2. 3. 4. 5. 6. 1.10 The number of years the Respondent has been in business. Location of the Respondent’s office that will be responsible for managing this contract. Include phone number, fax number, cell phone number and e-mail address. Name(s) and phone number(s) of management personnel to be contacted if problems or emergencies occur. A list of public and private universities now under contract with the Respondent’s company. If none, indicate so. A listing of three (3) references where similar services are performed. Provide the name, title, and telephone number of an individual at each reference site who can provide an independent assessment of the Respondent’s performance. A list of contracts the Respondent has had terminated during the last three years with the reason the contract was terminated for each job. If none, indicate so. Acceptance of Proposal Content: Contents of the proposal of the successful Respondent will become a part of any contract awarded as a result of this RFP. 1.11 Proposal Instructions: 1.11.1 For purposes of this RFP, the College has endeavored to address all services, which are contained in Section 2.0 Scope of Work. 1.11.2 Proposal should be prepared simply and economically providing a straightforward, concise description of the vendor’s capabilities to 6 satisfy the requirements of this RFP. Emphasis should be on completeness and clarity. 1.11.3 The RFP cover sheet shall indicate a total bid price for the purchase of all necessary materials and installation costs to complete the project. The RFP cover sheet must contain an original signature of an individual authorized to bind the company. Failure to meet this requirement is grounds for rejection of the Respondent’s proposal as non-responsive. 1.14 Prime Respondent’s Responsibilities: The selected vendor will be required to assume sole responsibility for the complete effort as defined by this RFP. The College will consider the selected vendor to be the sole point of contact with regard to all contractual matters. 1.15 Subcontracting: 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 Respondent 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 Respondent engages subcontractors or sub-consultants to perform services under this contract, the Respondent must demonstrate that a good faith effort was made to utilize subcontractors or sub-consultants who are registered with the NJ Division of Minority and Women Business Development as SBEs, as more fully described on Appendix C of Executive Order 151 and made part of this agreement as Exhibit A”. The successful Respondents shall submit proof of subcontractors’ and sub-consultants’ SBE registration and efforts to utilize SBE subcontractors and sub-consultants as part of the contract documents and shall complete such other forms as may be required by the College for State reporting of participation. 1.16 Assignment: The Respondent is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the agreement or its right, title or interest therein of its power to execute such agreement to any other person, company or corporation without the previous written consent and approval by the Vice President of Administration and Finance. 7 1.17 Stockholders Disclosure: During the entire term of the contract, the successful Respondent must immediately notify the College of all changes of owners, partners, directors, officers, and indirect owners of the firm. The Ownership Disclosure Form must accompany this proposal. 1.18 Price Terms: 1.18.1 No Respondent may withdraw his/her bid proposal within sixty (60) days after the actual date of the opening thereof. All prices are firm. 1.18.2 The successful Respondent shall assume all liability and responsibility for the delivery of merchandise in good condition to the College. 1.18.3. The College will not issue any payment for services prior to the rendering and acceptance thereof. 1.19 Termination of Contract: The College reserves the right to terminate the contract with or without cause by providing at least ten (10) days written notice to the vendor. The College may terminate this contract, in whole or in part, by written notice to the Respondent. If such termination is for the College’s convenience, the College after deducting any amount(s) previously paid, shall pay for all services rendered or goods provided by the Respondent, as well as any reasonable costs incurred by the Respondent, up to the time of termination but not including the Respondent’s lost profits. Under no circumstances shall Respondent be entitled to recover more than the price of the goods or services as stated in the contract. Upon receiving notice of the College’s termination for convenience, Respondent shall use its best efforts to reduce or mitigate any costs incurred in connection with the goods or services. 1.20 Ownership of Materials: Ownership of all data, material and documentation originated and prepared for the College pursuant to this RFP and ensuing contract shall become and remain the property of the College. 1.21 Performance and/or Delivery of Service: Any information deemed by the College to be most advantageous to the College regarding the ability of the Respondents to supply and/or render the required services may be taken into consideration in making an award. 8 1.22 Indemnification: The Respondents shall indemnify, defend, and hold harmless the Richard Stockton College, its Board of Trustees, directors, officers, employees, servants and agents from and against all claims, damages, losses suits, actions, judgments, costs, and expenses, including reasonable attorneys’ fees, costs and expenses sustained by Richard Stockton College or third parties to the extent such damage or injury is attributable in whole or in part to any negligent acts, errors or omissions of the Respondent in the performance of its services hereunder, or that of any subcontractor retained by the Respondent, and shall procure and maintain insurance covering its contractual obligations hereunder. 2.0 Scope of Work: Overview: Copies: 1,650 (Plus or Minus 10%); Finished Size: 9” x 12”; Pages: 240 Pages total including up to 110 pages of color; Paper: 100lb. matte or enamel (to be determined by College). Colored stock for end sheets, printed on PMS color; Cover: Respondent to work with College to create a mutually agreed cover design that is representative of the College; Round and Back: 160 lb. binder’s board; Delivery of main book (approximately 216 pages) April 16 or first business day thereafter, for 2014, 2015, 2016; Delivery of supplement by June 30, 2014, 2015, 2016; Approximately 40% of main books are to be mailed directly to students (College to provide mailing lists) and 60% delivered to the College. No books are to be mailed to students until a minimum of three business days after the College receives shipment; 9 3.0 Supplements are to be mailed to students directly from Respondent. The College will supply updated mailing list to the Respondent no later than June 1 or the first business day thereafter. Supplements in excess of mailing list provided should be mailed directly to the College. Please address all questions listed in “Attachment B”. Proposal Evaluation 3.1 Proposals shall be judged on price and other factors, pursuant to N.J.S.A. 18A:64-6 (w) based on the following criteria: 1) The experience and qualifications of the Respondent based on the information submitted in written proposal. 2) The ability to efficiently, accurately and successfully perform these services is considered essential. The Respondent’s prior history with regard to these services will be used in determining whether the Respondent is considered responsible and whether the award of the contract is most advantageous to the College. 3) Whether the Respondent responds to all specification requirements, in sufficient detail for the evaluator(s) to analyze the proposal and make sound judgments about it. 4) The Respondent must provide a fully functional online creation and submission tool. 4.0 Additional General Conditions of the Contract The following additional General Conditions shall apply to the Contract awarded hereunder: 4.1 Law Against Discrimination Compliance with the requirements of P.L. 1975, c. 127 (N.J.A.C. 17:27) (Law Against Discrimination in Public Contracts) and throughout the contract term. 4.2 Business Registration Compliance with the requirements of P.L. 2004, c. 57 et seq. (Business Registration) and throughout the contract term. The firm understands 10 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. The firm shall maintain a current list of such subcontractors and their addresses and shall submit the list with its proposal and as needed by the College during the course of performance of this contract. The firm shall provide with its proposal a copy of its valid Business registration certificate, pursuant to P.L. 2004, c.57 and ensure that such registration remains in effect throughout the period of this contract. The firm agrees to notify the College if at any time its Business Registration becomes invalid. Further, the firm agrees to procure from any subcontractor’s proof of compliance with the Act prior to performing any services pursuant to this contract. Should firm or any subcontractors fail to maintain a valid registration they understand that RSC is prohibited from issuing payments under this contract until a valid registration is obtained. 4.3 Political Contributions Disclosure The firm will supply the completed disclosure forms as part of its proposal so it is compliant with the Requirements of Public Law 2005, Chapter 51(N.J.S.A.19:44A-20.13-20.25) “Political Activity Disclosure”, dated September 22, 2004 and any statutes or regulations which result thereof. The firm understands the College is prohibited from awarding this contract or issuing payments until the State Treasurer or his designee gives approval that the requirements of the Public Law have been met. If awarded the contract, the firm agrees during the course of this contract that it remains compliant with Public law, Chapter 51.and to notify the College 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 compliance is perfected. 11 ATTACHMENT A SUMMARY INFORMATION SHEET FIRM NAME: _______________________________________________________________________________________ 1. NUMBER OF YEARS FIRM HAS BEEN IN OPERATION: __________________________________________________ 2. CONTACT/LOCATION OF THE RESPONDENT’S OFFICE THAT WILL BE RESPONSIBLE FOR MANAGING THIS CONTRACT: NAME: __________________________________________________________________________________________ TITLE: __________________________________________________________________________________________ ADDRESS: ______________________________________________________________________________________ ______________________________________________________________________________________ PHONE: ________________________________________ FAX: _________________________________________ CELL PHONE: ____________________________________ EMAIL: _______________________________________ 3. NAME(S) AND TELEPHONE NUMBER(S) OF MANAGEMENT PERSONNEL TO BE CONTACTED IF PROBLEMS OR EMERGENCIES OCCUR: _____________________________________________________________________________ __________________________________________________________________________________________________ CURRENT CONTRACTS 4. PLEASE LIST THE NEW JERSEY AGENCIES, US GOVERNMENTAL AGENCIES, PUBLIC AND PRIVATE UNIVERSITIES NOW UNDER CONTRACT WITH THE RESPONDENT FIRM: ___________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 5. PLEASE LIST REFERENCES WHERE SIMILAR TYPE SERVICES WERE PROVIDED. PROVIDE THE NAME, TITLE, AND TELEPHONE NUMBER OF AN INDIVIDUAL AT EACH REFERENCE SITE WHO CAN PROVIDE AN INDEPENDENT ASSESSMENT OF THE PROPOSER’S PERFORMANCE: COMPANY NAME: _______________________________________________________________________________________ NAME/TITLE: ________________________________________________ TEL.#: ____________________________________ COMPANY NAME: _______________________________________________________________________________________ NAME/TITLE: ________________________________________________ TEL.#: ____________________________________ COMPANY NAME: _______________________________________________________________________________________ NAME/TITLE: ________________________________________________ TEL.#: ____________________________________ 6. PLEASE LIST CONTRACTS THE RESPONDENT HAS HAD TERMINATED DURING THE LAST THREE YEARS WITH THE REASON THE CONTRACT WAS TERMINATED FOR EACH JOB. IF NONE, INDICATE SO: TERMINATED CONTRACT: _______________________________________________________________________________ TERMINATED CONTRACT: _______________________________________________________________________________ TERMINATED CONTRACT: _______________________________________________________________________________ 12 ATTACHMENT B List of questions for Yearbook Bidders: Please list scheduled deadlines for an April delivery. Please describe your commitment to campus meetings. How much notice is needed? As far as promptness in answering questions via e‐mail and phone, how accessible are you? How many higher education institutions have you produced a book for or are under contract? How many employees would be dedicated to providing assistance and support for our yearbook process? Have you, or do you work with, Prestige Portraits? Do you provide software support? Please explain. What is the process for the cover design? Is your software web‐based? Is there an automatic save and recovery work process? Please describe your portrait flowing process. Does your software include any options regarding photo editing? Please explain. How many template combinations do you offer? Please provide a link to your kits, guides and instructions. 13 EXHIBIT A Executive Order 151 APPENDIX C It is the policy of the Richard Stockton College of New Jersey that small businesses (each a “small business enterprise” or “SBE”), as determined and defined by the State of New Jersey, Division of Minority and Women Business Development (“Division”) and the New Jersey Department of the Treasury (“Treasury”) in N.J.A.C. 17:14 et seq. or other application regulation, should have the opportunity to participate in [Reporting Agency] Contracts. To the extent the Firm engages subcontractors or sub-consultants to perform Services for the Richard Stockton College of New Jersey pursuant to this Contract, the Firm must demonstrate to the Richard Stockton College of New Jersey satisfaction that a good faith effort was made to utilize subcontractors and sub-consultants who are registered with the Division as SBEs. Furthermore, the Reporting Agency shall be evaluated quarterly by the Division, based on its attainment of the Participation Goals set forth in the State of New Jersey Construction Services Disparity Study (October 2005) and the State of New Jersey Disparity Study of Procurement in Professional Services, Other Services, and Goods and Commodities (June, 2005). (These participation goals are set forth below.) Evidence of a “good faith effort” includes, but is not limited to: 1. The Firm shall request listings of SBEs from the Division (609) 292-2146 and/or the Richard Stockton College of New Jersey and attempt to contact same. 2. The Firm shall keep specific records of its efforts, including records of all requests made to the Division, the names of SBEs contacted, and the means and results of such contacts, including without limitation receipts from certified mail and telephone records. 3. The Firm shall actively solicit and shall provide the Richard Stockton College of New Jersey with proof of solicitations of SBEs for the provision of Services, including advertisements in general circulation media, professional service publications and small business, minority-owned business or women-owned business focus media. 4. The Firm shall provide evidence of efforts made to identify categories of Services capable of being performed by SBEs. 5. The Firm shall provide all potential subcontractors and sub-consultants that the Firm has contacted pursuant to 2 or 3 above with detailed information regarding the scope of work of the subject contract. 6. The Firm shall provide evidence of efforts made to use the goods and/or services of available community organizations, consultant groups, and local, State, and federal agencies that provide assistance in the recruitment and placement of SBEs. Furthermore, the Firm shall submit proof of its subcontractors’ and/or sub-consultants’ SBE registrations on the Notice of Intent to Subcontract form, and shall complete such other forms as may be required by the Richard Stockton College of New Jersey for State reporting as to participation. Participation Goal: Refer to Appendix D Appendix D Consistent with the findings of the State of New Jersey Construction Services Disparity Study (October 2005) and the State of New Jersey Disparity Study of Procurement in Professional Services, Other Services, and Goods and Commodities (June 13, 2005), each Reporting Agency should aspire to allocate a portion of its total contracting dollars in accordance with the following goals. 1. Construction Services Contracts/Subcontracts (including new construction and renovations, except routine building maintenance; residential and non-residential building construction; heavy construction, such as streets, roads and bridges; and special trade construction, such as fencing, HVAC, paving and electrical). State Agencies/Authorities/Commissions/Colleges and Universities African Americans -- 6.3% Asian Americans -- 4.34% Caucasian Females -- 12.67% 14 EXHIBIT A Executive Order 151 2. Construction-Related Services Contracts/Subcontracts (including design services, such as architectural, engineering and construction management services, that are performed as part of a construction project). State Colleges and Universities African Americans -- 4.51% Asian Americans -- 7.11% Hispanics -- 4.09% 3. Professional Services (with the exception of those professional services deemed to be construction-related, all services that are of a professional nature and requiring special licensing, education degrees and/or very highly specialized expertise, including accounting and financial services, advertising services, laboratory testing services; legal services; management consulting services; technical services and training). State Agencies/Authorities/Commissions/Colleges and Universities African Americans -- 2.47% Asian Americans -- 1.47% Hispanics -- 1.1% Native Americans -- 0.07% Caucasian Females -- 3.74% 4. Other Services (any service that is labor-intensive and neither professional nor construction-related, including, but not limited to equipment rental; janitorial and maintenance services; landfill services; laundry and dry cleaning; maintenance and repairs; printing; real property services; security services; special department supplies; subsidy, care and support; telecommunications; and temporary help). State Agencies/Authorities/Commissions/Colleges and Universities African Americans -- 1.22% Asian Americans -- 0.85% Hispanics -- 0.67% Native Americans -- 0.05% Caucasian Females -- 1.96% 5. Goods and Commodities (equipment and consumable items purchased in bulk, or a deliverable product including, but not limited to automobiles and equipment; chemicals and laboratory supplies, construction materials and supplies; equipment parts and supplies; fuels and lubricants; janitorial and cleaning supplies; office equipment; office supplies; radio equipment; special department supplies; technical supplies; tires and tubes; traffic signals; and uniforms). State Agencies/Authorities/Commissions/Colleges and Universities African Americans -- 2.71% Asian Americans -- 1.74% Hispanics -- 1.32% Native Americans -- 0.10% Caucasian Females -- 4.45 15 THE RICHARD STOCKTON COLLEGE OF NEW JERSEY BID DOCUMENT CHECKLIST A. Failure to submit the following documents is a mandatory cause for the bid to be rejected. Required with Submission of Bid (Owner’s “X”) Initial Each Item Submitted with Bid (Bidder’s Initials) x Signature on Page 1 of Request For Proposal x A statement of ownership, pursuant to N.J.S.A. 52:25-24-2 x Acknowledgement of Equal Employment Opportunity Language x Employee or Relative Disclosure Requirement x Submission of a Non-Collusion Affidavit (form must be Notarized) Public Works Contractor Registration Act P.L.1999.c238 x Certificate of Registration with the Division of Revenue PL 2001, c.134 x W-9 Form Request for Taxpayer Identification Number and Certification A bid guarantee as required by N.J.S.A. 18A:64-67 A surety company certificate, pursuant to N.J.S.A. 18A:64-68 x If Applicable, bidder’s acknowledgement of receipt of any notice(s) or revision(s) or addenda to an advertisement, specifications or bid document(s) Affidavit of Outreach x Public Law 2005, Chapter 51 (formerly Executive Order 134) and Executive Order 117 (2008) x Public Law 2005, Chapter 92 (formerly Executive Order 129) Source Disclosure Certification Form B. Signature: The undersigned hereby acknowledges and has submitted the above listed requirements. Name of Bidder: Authorized Representative Signature: Print Name & Title: Date: 16 STATEMENT OF OWNERSHIP, PURSUANT TO N.J.S.A. 52:25‐24‐2 PLEASE FOLLOW THE LINK BELOW FOR AN OWNERSHIP DISCLOSURE FORM. PLEASE COMPLETE AND SUBMIT IT ALONG WITH THE OTHER REQUIRED DOCUMENTS FOR THE THIS REQUEST FOR PROPOSAL. http://www.state.nj.us/treasury/purchase/forms/StandardRFPForms.pdf 17 (REVISED 4/10) MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2. 18 The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. 19 AFFIRMATIVE ACTION COMPLIANCE NOTICE N.J.S.A. 10:5-31 and N.J.A.C. 17:27 GOODS AND SERVICES CONTRACTS (INCLUDING PROFESSIONAL SERVICES) This form is a summary of the successful bidder’s requirement to comply with the requirements of N.J.S.A. 10:531 and N.J.A.C. 17:27-1 et seq. The successful bidder shall submit to the public agency, after notification of award but prior to execution of this contract, one of the following three documents as forms of evidence: (a) A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); OR (b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; OR (c) A photocopy of 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. The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) from the contracting unit during normal business hours. The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to the public agency, and the vendor copy is retained by the vendor. The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.1 et seq. and agrees to furnish the required forms of evidence. The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 et seq. COMPANY: ____________________________ SIGNATURE: ____________________________ PRINT NAME:_____________________________ TITLE: _______________________________ DATE: __________________ 20 PURCHASING OFFICE EMPLOYEE OR RELATIVE DISCLOSURE REQUIREMENT This form is to be completed by all bidders seeking the award of any contract. No bidder shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out or any public funds by Richard Stockton College of New Jersey unless prior to the receipt of the bid or accompanying the bid, the bidder has submitted a statement setting forth the information solicited below. 1. State if you or your employee (if known) are currently employed at Richard Stockton College of New Jersey. YES ____ NO ____ If so, please indicate name and position held at Richard Stockton College of New Jersey. 2. State if any shareholder who owns 10 % or more of your stock, if a corporation or partner who holds 10% or more of an interest, if a partnership, is currently employed at Richard Stockton College of New Jersey. YES ____ NO ____ If so, please indicate name and position held at Richard Stockton College of New Jersey. 3. State if you, or any stockholder, who owns 10% or more of your stock, if a corporation, or any partner who owns 10% or more of an interest, if a partnership, as the case may be, has any relatives employed at the College. YES ____ NO ____ 4. State if you or your employee (if known) is currently a student at Richard Stockton College of New Jersey. YES ____ NO ____ - BY: (Name of Contractor) (Address) Signature of Authorized Representative: Type of Print Name: Title: Witnessed by: Date: 21 NON-COLLUSION AFFIDAVIT I, of of and the State of according to law on my oath, depose and say that: , in the County of full age, being duly sworn I am of the Firm of The Bidder making the Proposal for the Project, and that I executed the Proposal with the full authority to do so, that the Bidder has not directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free, competitive bidding in connection with the Project, and that all statements contained in the Proposal and in this Affidavit are true and correct, and made with full knowledge that The Richard Stockton College of New Jersey relies upon the truth on the statements contained in the Proposal and in the statements contained in this Affidavit in awarding the Contract for the Project. I warrant that no requirement or commitment was made in reference to and persons, or elected official and that no undisclosed benefits of any kind were promised to anyone connected with the project. I further warrant that no person or selling agent 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 bonafide employees or a bonafide established commercial or selling agencies maintained by (N.J.S.A. 52:34-15) (Name of Contractor) I also understand that the above disqualification does not apply to any vendor who cooperates with the prosecution and gives supporting testimony on behalf of the prosecution in the course of a judicial inquiry. Subscribed and Sworn to day Before me this of 20 Notary Public of My Commission expires . (Signature of Affiant) (Print or Type Name of Affiant) 22 W-9 Request for Taxpayer Identification Number and Certification Form (Rev. January 2011) Department of the Treasury Internal Revenue Service Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification (required): Individual/sole proprietor C Corporation S Corporation Partnership Trust/estate Exempt payee Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) a Other (see instructions) a Address (number, street, and apt. or suite no.) Requester’s name and address (optional) City, state, and ZIP code List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the “Name” line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Social security number Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Employer identification number – – – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signature of U.S. person a Date a General Instructions Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners’ share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners’ share of effectively connected income. Cat. No. 10231X 23 Form W-9 (Rev. 1-2011) Public Law 2005, Chapter 51 (formerly Executive Order 134) and Executive Order 117 (2008) INFORMATION AND INSTRUCTIONS For Completing The “Two- Year Vendor Certification and Disclosure of Political Contributions” Forms Background Information On September 22, 2004, then-Governor James E. McGreevey issued Executive Order 134, the purpose of which was to insulate the negotiation and award of State contracts from political contributions that posed a risk of improper influence, purchase of access or the appearance thereof. To this end, Executive Order 134 prohibited State departments, agencies and authorities from entering into contracts exceeding $17,500 with individuals or entities that made certain political contributions. Executive Order 134 was superseded by Public Law 2005, c. 51, signed into law on March 22, 2005 (“Chapter 51”). On September 24, 2008, Governor Jon S. Corzine issued Executive Order No. 117 (“E.O. 117”), which is designed to enhance New Jersey’s efforts to protect the integrity of procurement decisions and increase the public’s confidence in government. The Executive Order builds upon the provisions of Chapter 51. Two-Year Certification Process Upon approval by the State, the Certification and Disclosure of Political Contributions form (CH51.1R1/21/2009) is valid for a two (2) year period. Thus, if a vendor receives approval on Jan 1, 2009, the certification expiration date would be Dec 31, 2011. Any change in the vendor’s ownership status and/or political contributions during the two-year period will require the submission of new Chapter 51/EO117 forms to the State Review Unit. Please note that it is the vendor’s responsibility to file new forms with the State should these changes occur. Prior to the awarding of a contract, the agency should first send an e-mail to [email protected] to verify the certification status of the vendor. If the response is that the vendor is NOT within an approved two-year period, then forms must be obtained from the vendor and forwarded for review. If the response is that the vendor is within an approved two-year period, then the response so stating should be placed with the bid/contract documentation for the subject project. Instructions for Completing the Forms NOTE: Please refer to the next section, “Useful Definitions for Purposes of Ch. 51 and E.O. 117,” for guidance when completing the forms. Part 1: VENDOR INFORMATION Business Name – Enter the full name of the Vendor, including trade name if applicable. Business Type -- Select the vendor’s business organization from the list provided. Address, City, State, Zip and Phone Number -- Enter the vendor’s street address, city, state, zip code and telephone number. Vendor Email – Enter the vendor’s primary email address. Vendor FEIN – Please enter the vendor’s Federal Employment Identification Number. DPP c51 - C&D, Rev. 11-17-2008 Page 1 of 4 24 Public Law 2005, Chapter 51 (formerly Executive Order 134) and Executive Order 117 (2008) INFORMATION AND INSTRUCTIONS For Completing The “Two- Year Vendor Certification and Disclosure of Political Contributions” Forms Part 2: PUBLIC LAW 2005, Chapter 51 / EXECUTIVE ORDER 117 (2008) DUAL CERTIFICATION Read the following statements and verify that from the period beginning on or after October 15, 2004, no contributions as set forth at subsections 1(a)-(c) have been made by either the vendor or any individual whose contributions are attributable to the vendor pursuant to Executive Order 117 (2008). NOTE: Contributions made prior to November 15, 2008 are applicable to Chapter 51 only. Part 3: DISCLOSURE OF CONTRIBUTIONS MADE Check the box at top of page 2 if no reportable contributions have been made by the vendor. If the vendor has no contributions to report, this box must be checked. Name of Recipient Entity – Enter the full name of the recipient entity. Address of Recipient Entity – Enter the recipient entity’s street address. Date of Contribution – Indicate the date of the contribution. Amount of Contribution – Enter the amount of the reportable contribution. Type of Contribution – Select the type of contribution from the list provided. Contributor Name – Enter the full name of the contributor. Relationship of Contributor to the Vendor -- Indicate relationship of the contributor to the vendor, e.g. officer or partner of the company, spouse of officer or partner, resident child of officer or partner, parent company of the vendor, subsidiary of the vendor, etc. NOTE: If form is being completed electronically, click “Add a Contribution” to enter additional contributions. Otherwise, please attach additional pages as necessary. Part 4: CERTIFICATION Check box A if the person completing the certification and disclosure is doing so on behalf of the vendor and all individuals and/or entities whose contributions are attributable to the vendor. Check box B if the person completing the certification and disclosure is doing so on behalf of the vendor only. Check box C if the person completing the certification and disclosure is doing so on behalf of an individual and/or entity whose contributions are attributable to the vendor. Enter the full name of the person authorized to complete the certification and disclosure, the person’s title or position, date and telephone number. DPP c51 - C&D, Rev. 11-17-2008 Page 2 of 4 25 Public Law 2005, Chapter 51 (formerly Executive Order 134) and Executive Order 117 (2008) INFORMATION AND INSTRUCTIONS For Completing The “Two- Year Vendor Certification and Disclosure of Political Contributions” Forms USEFUL DEFINITIONS FOR THE PURPOSES OF Ch. 51 and E.O. 117 • “Vendor” means the contracting entity. • “Business Entity” means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of New Jersey or any other state or foreign jurisdiction. The definition also includes (i) if a business entity is a for-profit corporation, any officer of the corporation and any other person or business entity that owns or controls 10% or more of the stock of the corporation; (ii) if a business entity is a professional corporation, any shareholder or officer; (iii) if a business entity is a general partnership, limited partnership or limited liability partnership, any partner; (iv) if a business entity is a sole proprietorship, the proprietor; (v) if the business entity is any other form of entity organized under the laws of New Jersey or any other state or foreign jurisdiction, any principal, officer or partner thereof; (vi) any subsidiaries directly or indirectly controlled by the business entity; (vii) any political organization organized under 26 U.S.C.A. § 527 that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee; and (viii) with respect to an individual who is included within the definition of “business entity,” that 1 individual’s spouse or civil union partner and any child residing with that person. • “Officer” means a president, vice-president with senior management responsibility, secretary, treasurer, chief executive officer, or chief financial officer of a corporation or any person routinely performing such functions for a corporation. Please note that officers of non-profit entities are excluded from this definition. • “Partner” means one of two or more natural persons or other entities, including a corporation, who or which are joint owners of and carry on a business for profit, and which business is organized under the laws of this State or any other state or foreign jurisdiction, as a general partnership, limited partnership, limited liability partnership, limited liability company, limited partnership association, or other such form of business organization. • “Reportable Contributions” are those contributions, including in-kind contributions, in excess of $300.00 in the aggregate per election made to or received by a candidate committee, joint candidates committee, or political committee; or per calendar year made to or received by a political party committee, legislative leadership committee, or continuing political committee. • “In-kind Contribution” means a contribution of goods or services received by a candidate committee, joint candidates committee, political committee, continuing political committee, political party committee, or legislative leadership committee, which contribution is paid for by a person or entity other than the recipient committee, but does not include services provided without compensation by an individual volunteering a part of or all of his or her time on behalf of a candidate or committee. • “Continuing Political Committee” includes any group of two or more persons acting jointly, or any corporation, partnership, or any other incorporated or unincorporated association, including a political club, political action committee, civic association or other organization, which in any calendar year contributes or expects to contribute at least $4,300 to aid or promote the candidacy of an individual, or the candidacies of individuals, for elective public office, or the passage or defeat of a public questions, and which may be expected to make contributions toward such aid or promotion or passage or defeat during a subsequent election, provided that the group, corporation, partnership, association or other organization has been determined by the Commission to be a continuing political committee in accordance with N.J.S.A. 19:44A-8(b). 1 Contributions made by a spouse, civil union partner or resident child to a candidate for whom the contributor is eligible to vote or to a political party committee within whose jurisdiction the contributor resides are permitted. DPP c51 - C&D, Rev. 11-17-2008 Page 3 of 4 26 Public Law 2005, Chapter 51 (formerly Executive Order 134) and Executive Order 117 (2008) INFORMATION AND INSTRUCTIONS For Completing The “Two- Year Vendor Certification and Disclosure of Political Contributions” Forms • “Candidate Committee” means a committee established by a candidate pursuant to N.J.S.A. 19:44A-9(a), for the purpose of receiving contributions and making expenditures. • “State Political Party Committee” means a committee organized pursuant to N.J.S.A. 19:5-4. • “County Political Party Committee” means a committee organized pursuant to N.J.S.A. 19:5-3. • “Municipal Political Party Committee” means a committee organized pursuant to N.J.S.A. 19:5-2. • “Legislative Leadership Committee” means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly, or the Minority Leader of the General Assembly pursuant to N.J.S.A. 19:44A-10.1 for the purpose of receiving contributions and making expenditures. • “Political Party Committee” means: 1. The State committee of a political party, as organized pursuant to N.J.S.A. 19:5-4; 2. Any county committee of a political party, as organized pursuant to N.J.S.A. 19:5-3; or 3. Any municipal committee of a political party, as organized pursuant to N.J.S.A. 19:5-2. Agency Submission of Forms The agency should submit the completed and signed Two-Year Vendor Certification and Disclosure forms, together with a completed Ownership Disclosure form, either electronically to [email protected] or regular mail at Chapter 51 th Review Unit, P.O. Box 039, 33 West State Street, 9 Floor, Trenton, NJ 08625. Original forms should remain with the Agency and copies should be sent to the Chapter 51 Review Unit. Questions & Answers Questions regarding the interpretation or application of Public Law 2005, Chapter 51 (N.J.S.A. 19:44A-20.13) or Executive Order 117 (2008) may be submitted electronically through the Division of Purchase and Property website at http://www.state.nj.us/treasury/purchase/execorder134.htm. Responses to previous questions are posted on the website, as well as additional reference materials and forms. NOTE: The Chapter 51 Q&A on the website DOES NOT address the expanded pay-to-play requirements imposed by Executive Order 117. The Chapter 51 Q&A are only applicable to contributions made prior to November 15, 2008. There is a separate, combined Chapter 51/E.O. 117 Q&A section dealing specifically with issues pertaining to contributions made after November 15, 2008, available at http://www.state.nj.us/treasury/purchase/execorder134.htm#state. DPP c51 - C&D, Rev. 11-17-2008 Page 4 of 4 27 State of New Jersey Division of Purchase and Property Two-Year Chapter 51 / Executive Order 117 Vendor Certification and Disclosure of Political Contributions For AGENCY USE ONLY General Information Solicitation, RFP or Contract No. Award Amount Description of Services Agency Contact Information Agency Contact Person Phone Number Agency Email Part 1: Vendor Information Full Legal Business Name (Including trade name if applicable) Business Type Corporation Limited Partnership Limited Liability Company Sole Proprietorship Address 1 City Professional Corporation General Partnership Limited Liability Partnership Address 2 Zip State Vendor Email Phone Vendor FEIN Part 2: Public Law 2005, Chapter 51/ Executive Order 117 (2008) Certification I hereby certify as follows: 1. On or after October 15, 2004, neither the below-named entity nor any individual whose contributions are attributable to the entity pursuant to Executive Order 117 (2008) has solicited or made any contribution of money, pledge of contribution, including in-kind contributions, company or organization contributions, as set forth below that would bar the award of a contract to the vendor, pursuant to the terms of Executive Order 117 (2008). a) Within the preceding 18 months, the below-named person or organization has not made a contribution to: (i) Any candidate committee and/or election fund of any candidate for or holder of the public office of Governor or Lieutenant Governor; (ii) Any State, county, municipal political party committee; OR (iii) Any legislative leadership committee. b) During the term of office of the current Governor(s), the below-named person or organization has not made a contribution to (i) Any candidate, committee and/or election fund of the Governor or Lieutenant Governor; OR (ii) Any State, county or municipal political party committee nominating such Governor in the election preceding the commencement of said Governor's term. c) Within the 18 months immediately prior to the first day of the term of office of the Governor(s), the below-named person or organization has not made a contribution to (i) Any candidate, committee and/or election fund of the Governor or Lieutenant Governor; OR Any State, county, municipal political party committee of the political party nominating the successful gubernatorial candidate(s) in the last gubernatorial election. PLEASE NOTE: Prior to November 15, 2008, the only disqualifying contributions include those made by the vendor or a principal owning or controlling more than 10 percent of the profits or assets of a business entity (or 10 percent of the stock in the case of a business entity that is a corporation for profit) to any candidate committee and/or election fund of the Governor or to any state or county political party within the preceding18 months, during the term of office of the current Governor or within the 18 months immediately prior to the first day of the term of Office of Governor. CH51.1 R1/21/2009 Page 1 of 3 28 Part 3: Disclosure of Contributions Made Check this box if no reportable contributions have been made by the above-named business entity or individual. Name of Recipient Address of Recipient Date of Contribution Amount of Contribution Type of Contribution (i.e. currency, check, loan, in-kind Contributor Name Relationship of Contributor to the Vendor Contributor Address City State Zip If this form is not being completed electronically, please attach pages for additional contributions as necessary. Otherwise click "Add a Contribution" to enter additional contributions. CH51.1 R1/21/2009 Page 2 of 3 29 Part 4: Certification I have read the instructions accompanying this form prior to completing this certification on behalf of the above-named business entity. I certify that, to the best of my knowledge and belief, the foregoing statements by me are true. I am aware that if any of the statements are willfully false, I am subject to punishment. I understand that this certification will be in effect for two (2) years from the date of approval, provided the ownership status does not change and/or additional contributions are not made. If there are any changes in the ownership of the entity or additional contributions are made, a new full set of documents are required to be completed and submitted. By submitting this Certification and Disclosure, the person or entity named herein acknowledges this continuing reporting responsibility and certifies that it will adhere to it. (CHECK ONE BOX A, B or C) (A) I am certifying on behalf of the above-named business entity and all individuals and/or entities whose contributions are attributable to the entity pursuant to Executive Order 117 (2008). (B) I am certifying on behalf of the above-named business entity only. (C) I am certifying on behalf of an individual and/or entity whose contributions are attributable to the vendor. Signed Name Print Name Phone Number Date Title/Position Agency Submission of Forms The agency should submit the completed and signed Two-Year Vendor Certification and Disclosure forms, together with a completed Ownership Disclosure form, either electronically to [email protected], or regular mail at Chapter 51 Review Unit, P.O. Box 039, 33 West State Street, 9th Floor, Trenton, NJ 08625. The agency should save the forms locally and keep the original forms on file, and submit copies to the Chapter 51 Review Unit. CH51.1 R1/21/2009 Page 3 of 3 30 Public Law 2005, Chapter 92 Formerly: Executive Order 129 In accordance with Public Law 2005, Chapter 92 (N.J.S.A. 52:34-13.2 et seq., superseding Executive Order 129 (2004)) all bidders submitting a proposal shall be required to submit a Source Disclosure Certification that all services will be performed in the United States. The bidder shall disclose the location by country where services under the contract will be performed and any subcontracting of services under the contract and the location by country where any subcontracted services will be performed. Public Law 2005, Chapter 92 Formerly: Executive Order 129 SOURCE DISCLOSURE CERTIFICATION FORM Bidder: _____________________________________ I hereby certify and say: I have personal knowledge of the facts set forth herein and am authorized to make this Certification on behalf of the Bidder. The Bidder submits this Certification as part of a bid proposal in response to the referenced solicitation issued by the The Richard Stockton College of New Jersey, Office of Administration and Finance, in accordance with the requirements of Public Law 2005, Chapter 92, (N.J.S.A. 52:34-13.2 et seq., superseding Executive Order 129 (2004)). The following is a list of every location where services will be performed by the bidder and all subcontractors. Bidder or Subcontractor Description of Services Performance Location(s) by Country Any changes to the information set forth in this Certification during the term of any contract awarded under the referenced Project Number will be immediately reported by the Bidder to The Richard Stockton College of New Jersey, PO Box 483, 10 W. Jimmie Leeds Road, Pomona, NJ 08240. I understand that, after award of a contract to the Bidder, it is determined that the Bidder has shifted services declared above to be provided within the United States to sources outside the United States, prior to a written determination by The Richard Stockton College of New Jersey, Office of Administration and Finance, that extraordinary circumstances require the shift of services or that the failure to shift the services would result in economic hardship to The Richard Stockton College of New Jersey, the Bidder shall be deemed in breach of contract, which contract will be subject to termination for cause under its contract with the RSC. 31 I further understand that this Certification is submitted on behalf of the Bidder in order to induce RSC to accept a bid proposal, with knowledge that the State of New Jersey and RSC are relying upon the truth of the statements contained herein. I certify that, to the best of my knowledge and belief, the foregoing statements by me are true. I am aware that if any of the statements are willfully false, I am subject to punishment. Bidder: ________________________________________ [Name of Organization or Entity] By: ___________________________________________ Title: _____________________________ Print Name: ____________________________________ Date: _____________________________ 32
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