Active SLED Opportunity · NEW JERSEY · TOWNSHIP OF TOMS RIVER
AI Summary
The Township of Toms River, NJ, seeks bids for its 2026 paving program involving road paving and public works construction services. Compliance with prevailing wage laws, bid guarantees, and performance bonds is required. Bids are due by June 2, 2026, via electronic submission.
It is the intent of the Township of Toms River to enter into a contract with the lowest responsive and responsible bidder(s) in compliance with these specifications.
Attention is called specifically to the requirements of N.J.S.A. 34:11-56.25 et seq., revised statutes, providing, as a condition of this Contract, the establishment of an eight (8) hour working day for laborers, workmen and mechanics and requiring payment of prevailing rates of wages.
Bidders are required to comply with the requirements of NJAC 17:27 and N.J.S.A. 52:25-24.2.
If required in this project, the Contractor shall be required to comply with the provisions of the New Jersey Prevailing Wage Act, Chapter 150 of the Laws of 1963 as amended through May 21, 1990, setting forth requirements for the payment of prevailing wages and for the proper documentation of such payments where the project construction, reconstruction, demolition, alteration or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of funds of the Township, except work performed under a rehabilitation program.
Copies of the Act (P.L. 1963, c.150) and of the New Jersey Department of Labor and Workforce Development and Industry Wage Rate Determination for each project are available in the office of the Purchasing Agent and may be inspected during regular business hours.
The public works employers shall submit to the Township which contracted for the public works project the following:
1. A certified payroll record on each public works project. Such record(s) shall be submitted each payroll period within ten (10) days of the payment of wages.
The Township shall receive, file, store and make available the certified payroll records for inspection during normal business hours. In its discretion, it may store these records at any depository, such as a public library or other public building, so long as such documents are available for inspection during normal business hours.
2. In the event it is found that any worker, employed by the contractor or any subcontractor covered by said contract, has been paid a rate of wages less than the prevailing wage required to be paid by such contract, the public body, the lessee to whom the public body is leasing a property or premises or the lessor from whom the public body is leasing or will be leasing a property or premises, may terminate the contractor's or subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise.
“The Public Works Contractor Registration Act” (P.L.1999, c.238): Bidders on contracts which are subject to the “New Jersey Prevailing Wage Act”, P.L.1963, c.150 (C.34:11-56.25, et seq.) are also subject to “The Public Works Contractor Registration Act” (P.L.1999, c.238) which became effective April 11, 2000 for the construction, reconstruction, demolition, alteration, repair or maintenance of a public building regularly open to and used by the general public or a public institution, and includes any subcontractor or lower tier subcontractor as defined herein, except that, for the purposes of the act, no pumping station, treatment plant or other facility associated with utility or environmental construction, reconstruction, demolition, alteration, repair or maintenance shall be regarded as a public building regularly open to and used by the general public or public institution.
The Township of Toms River will not accept any Bid Bonds with wording in their content that is contrary to the intention of the Local Public Contracts Law, specifically designation 40A:11-21 which reads as follows:
GUARANTEE TO BE FURNISHED WITH BID:
A person bidding on a contract for the erection, alteration or repair of a public building, structure, facility or other improvement to real property, the total price of which exceeds $100,000.00, shall furnish a guarantee as provided for herein. A contracting unit may provide that a person bidding on any other contract, advertised in accordance with law, shall furnish a guarantee as provided for herein. The guarantee shall be payable to the contracting unit so that if the contract is awarded to the bidder, the bidder will enter into a contract therefore and will furnish any performance bond or other security required as a guarantee of indemnification. The guarantee shall be in the amount of 10% percent of the bid, but not in excess of $20,000.00, except as otherwise provided herein, and may be given, at option of the bidder, by certified check, cashier’s check or bid bond. In the event that any law or regulation of the United States imposes any condition upon the awarding of a monetary grant to any contracting unit, which condition requires the depositing of a guarantee in an amount other than 10% of the bid or in excess of $20,000.00, the provisions of this section shall not apply and the requirements of the law or regulation of the United States shall govern.
More specifically, those bid bonds which contain restrictive language regarding the bonds’ intent will be considered NON-CONFORMING by the Township of Toms River.
Pursuant to N.J.S.A. 40A:11-21, bidders shall submit with the bid a Certified Check, Cashier’s Check, or Bid Bond in the amount of ten percent (10%) of the total bid price, but not in excess of $20,000.00, payable unconditionally to the Township of Toms River.
SUBMITTAL DIRECTIONS:
SPECIFIC DELIVERY INSTRUCTIONS:
The Bid Bond or Certified Check must be enclosed in a sealed envelope bearing the name and identifying information of the project and the name and address of the bidder on the outside and addressed to the Division of Purchasing.
A Bid Bond or Certified Check that is sent via US Postal Services shall be sent to: Toms River Township, PO Box 728, Toms River, NJ 08754.
A Bid Bond or Certified Check that is sent via delivery service shall be sent to: Toms River Township, 33 Washington Street, Toms River, NJ 08753.
When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the Township.
The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to statute. A non-conforming bid guarantee or failure to submit required guarantee shall be cause for rejection of the bid.
Should the bidder fail to fulfill such promises, their bid deposit shall become the property of, or be payable to, the Township to be credited towards the damages, with any amount in excess of such damages being returned to the Bidder.
Unless it shall become the property of, or be payable to the Township, said deposit shall be returned to the bidder as hereinafter provided. Bid deposits will be returned to all except the three (3) lowest bidders within ten (10) days (Sundays and legal holidays excluded) after the formal opening of bids and to the three (3) lowest bidders within three (3) days (Sundays and legal holidays excluded) after the Township and the accepted bidder have executed the contract agreement. In the event that the contract has not been awarded by the Township within sixty (60) days after the opening of the bids, bid security will be returned promptly upon demand of any bidder whose bid has not been accepted.
None of the three (3) lowest bids shall be deemed rejected, notwithstanding acceptance of one of the bids, until the contract agreement has been executed by both the Township and the accepted bidder.
The vendor shall guarantee any and/or all material and services supplied under these specifications. Defective or inferior items shall be replaced at the expense of the vendor.
If the vendor who is awarded a contract shall fail to furnish and delivery the supplies or any item thereof, within the time specified and allowed, the Township may cancel those supplies which are not furnished and delivered and may also cancel the remainder of the order and may deduct and retain out of the monies due, or which may become due to such person or firm from the Township, such sum as shall be sufficient to pay the difference between the prices on which the award is made and the prices which the Township may or shall be obligated to pay to procure such supplies from other parties, and in addition, usual damages for breach of contract.
The Township reserves the right to purchase the item(s) and/or service(s) bid herein from any of the below:
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There are two (2) mandatory forms required as part of the pricing: (1) Bid Table and the (2) Pricing Certification (located in the Vendor Questionnaire). Pricing submitted through any other means, besides the Bid Table, shall not be accepted and shall be cause for rejection. The Pricing Certification certifies the pricing provided in the Bid Table.
The Township is accepting electronic bid submissions with OPENGOV by following these instructions:
Sign up for a FREE account at https://procurement.opengov.com/portal/tomsrivertownship
Click on the solicitation of interest, then click "Draft Response".
Follow the instructions to submit the electronic bid.
NOTE: The Township's electronic submission system will not allow electronic bids to be submitted once the deadline has passed, even if you've already started the process. The deadline is based on the countdown timer found on the OPENGOV bid submission page.
Each 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:
All bids shall be submitted electronically through the Township's electronic procurement portal by the date and time stipulated in the Notice to Bidders.
Bids submitted prior to the date and time of opening may be withdrawn, modified or resubmitted, upon written application to the Division of Purchasing. Once bids are opened, they shall remain firm for a period of sixty (60) days.
Bidders are cautioned when receiving bids through a third-party, as they may not be complete.
Any bidder requesting interpretation of the specifications should do so in writing to the Qualified Purchasing Agent via email at purchasing@tomsrivertownship.com or fax to 732-736-0314, dated at least five (5) days before the established date for bid opening. If necessary, the Township will arrange an addendum, which shall become part of the contract. Prior to the opening of the bids, a copy of these addenda shall be posted on the Township's e-procurement portal.
No oral interpretation shall be given to any prospective bidder.
Pursuant to N.J.S.A. 40A:11-23.2, bidders shall acknowledge receipt of addenda through the OPENGOV software. In the event that the bidder does not acknowledge receipt of any or all addenda, the bid shall be rejected.
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In addition to the bid guarantee, this bid shall be accompanied by a statement, similar in form to that annexed to the bid, of a surety company authorized to do business in the State of New Jersey and acceptable to the Township for any award that may or will exceed $100,000.00 (unless stipulated differently in the bid specification) agreeing, in the event that the bidder is awarded the Contract, to furnish a performance bond of a face value of one hundred percent (100%) of the amount of the bid.
Pursuant to N.J.S.A. 52:25-24.2, no corporation or partnership shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out of any public funds, by the State, or any county, municipality or school district, or any subsidiary or agency of the State, or of any county, municipality or school district, or by any authority, board, or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid, of said corporation or said partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own 10% or more of its stock, of any class or of all individual partners in the partnership who own a 10% or greater interest therein, as the case may be. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, exceeding the 10% ownership criteria established in this act, has been listed.
Non-profit organizations shall provide their name, check the box for non-profit and sign the form.
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Attorneys-In-Fact who sign bid bonds or contract bonds must file with each bond a certified copy of their Power of Attorney to sign bonds.
The Pricing Certification Form is required to be submitted with all bids. This shall be signed by an authorized representative and shall be deemed a fatal defect if not properly submitted.
All pricing shall be entered on the Bid Table(s), which is part of this solicitation.
The successful bidder shall indemnify and save the Township of Toms River harmless from and against all suits, claims, actions or judgments for any injury or damage sustained or alleged to have been sustained by any party or parties by reason of the use of defective materials, furnished and delivered under the contract to be awarded hereunder or by or on account of any act of omission or commission of any contractor, his, its, or their agents or employees and in case any such action shall be brought against the Township of Toms River, the contractor shall immediately take charge of and defend same at his, its, or their own cost and expense. The Township may, if it so desires, defend such action and charge the expense of same to the contractor.
Effective January 2007, N.J.S.A. 19:44A-20.27 established a disclosure requirement for business entities. It requires that, when a business entity has received in any calendar year $50,000 or more in public contracts with public entities, it must file an annual report with the Election Law Enforcement Commission (ELEC). The report shall disclose any contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind:
Pursuant to N.J.A.C. 5:37-5.7, to ensure that the bidder has not participated in any collusion, directly or indirectly, with any other bidder or public entity representative, or otherwise taken any action in restraint of free and competitive bidder, all bidders shall properly execute and submit the attached Non-Collusion Affidavit with the bid. The Affidavit required shall be executed on behalf of the applicable person or entity by an authorized officer or representative of the person or entity. Failure to provide same with bid submission shall result in rejection of the bid.
Government entities are not private business/consumer clients; therefore, separate company agreements are not honored unless they are submitted with the bid and approved by the Township Attorney. Terms of the specifications/bid package prevail unless otherwise noted by the vendor as exceptions.
All bid guarantees, except the guarantees of the three (3) apparent lowest responsible bidders, shall be returned, unless otherwise requested by the bidder, within ten (10) days after the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered withdrawn. Within three (3) days, Sundays and holidays excepted, after the awarding and signing of the contract and the approval of the contractor's performance bond, the bid guarantee of the remaining unsuccessful bidders shall be returned to them. If all bids are rejected, the bid guarantees of all bidders will be returned within five (5) working days thereafter.
The bidder to whom the contract is awarded will be required to execute the contract agreement and furnish the required bonds and insurance certificates within ten (10) days (Sunday and legal holidays excluded) after receipt of notification that the contract agreement is ready for signature.
P.L. 2022, c. 3 prohibits the award, renewal, amendment or extension of State and Local public contracts for goods or services with persons of entities engaging in prohibited activities in Russia or Belarus. P.L. 2012, c.25 prohibits the award or renewal of State or Local public contracts for goods or services with persons or entities engaged in certain investment activities in the energy or finance sectors of Iran.
If the contract award is $100,000.00 or more, the bidder shall furnish a surety bond or bonds of face value, equal to one hundred percent (100%) of the amount of the bid as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Township.
Performance and Labor and Material Payment Bonds must be furnished simultaneously with the delivery of the executed contract by the successful bidder and shall remain in effect for one (1) year after the final contract acceptance by the Township.
Pursuant to N.J.S.A. 52:32-44.1, any natural person, company, firm, association, corporation, or other entity prohibited, or “debarred,” from contracting with the federal government agencies, shall also be prohibited from contracting for public work in the state of New Jersey. This prohibition also extends to any affiliate organization(s) held by or subject to the control of an entity of that prohibited person or entity.
Prior to awarding a contract for public work, a local unit must obtain written certification from the contracting person or entity through the form below, attesting to their non-debarment from contracting with federal government agencies. Contracting units are reminded that they must fill-in the boilerplate information in the certification sections of the bid document regarding their name and type of contracting unit before using the form.
The surety bond(s) provided shall not be released until final acceptance of the whole work and then, only if all liens or claims have been satisfied and any maintenance or guarantee bonds required have been executed and approved by the Township.
Comparison of bids will be made on the basis of the total price bid all Items listed. The estimates of the quantities given are for the purpose of arriving at a total price bid for the project to make a comparison in awarding the work. All lump sum and unit bid prices must be rounded to the nearest cent. Prices less than one cent for unit prices or lump sums will not be accepted.
While the inclusion of a copy of a Business Registration Certificate is not mandatory with the bid submission, all contractors and subcontractors are required to have obtained the Business Registration Certificate prior to the award of contract, pursuant to P.L. 2004, c.57-N.J.S.A. 52:32-44 et seq., as amended by P.L. 2009, c.315 effective January 18, 2010.
Failure to have obtained the Business Registration Certificate from the State of New Jersey, Department of the Treasury, Division of Revenue under this act, prior to award of contract is a material defect and is not curable.
The Township will require a copy of the Business Registration Certificate from the successful bidder and any applicable subcontractors, prior to the time a contract, purchase order or other contracting document is awarded.
The Maintenance bond shall be dated as of and is to continue in effect for a period of one (1) year from the date of completion, approval and final contract acceptance of the entire work by the Township.
At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and bid specifications, including all addenda. The failure or omission of any bidder to receive or examine any form, instrument or document shall in no way relieve any bidder from their obligation to fulfill the requirements set forth this solicitation.
While the inclusion of a copy of your current Public Works Contractor Registration Act Certificate is not mandatory with the bid submission, all contractors (bidders), and subcontractors’ listed pursuant to subsection (d) on the Bid Document Submission Checklist (page C-1), are required to be registered with the Department of Labor and Workforce Development on the date of receipt of bids, pursuant to P.L. 1999, c.238-N.J.S.A. 34:11-56.48 et seq.
Failure to be registered with the State of New Jersey, Department of Labor, Division of Wage and Hour Compliance under this act, on the date of receipt of bids, is a material defect and is not curable.
The Township of Toms River will require a copy of the current Public Works Contractor Registration Act Certificate(s), from the successful bidder and any applicable subcontractors, upon award of contract by the governing body and prior to the commencement of any work.
No contractor, subcontractor or person performing work or services for or in behalf of a contractor or a contracted service provider who has been convicted of any first or second degree crime or any criminal offense set forth in N.J.S.A. 18A:6-7.1(a)(b)(c) shall be permitted on school property.
The contractor or contracted service provider shall submit to the designated school representative a list of those persons who will perform work or services on school property with proof that such persons have submitted to a criminal record check.
The contractor or contracted service provider shall pre-register with the designated school representative all persons who will be on school property by submission of a picture driver’s license, passport or work visa. The school representative shall issue an identification badge which shall be worn and visible by all persons while on school property.
Construction contractors shall provide portable toilets to be used by all workers on site.
All persons working or performing services for or in behalf of a contractor or contracted service provider shall be restricted to defined work areas including ingress and egress to and from such prescribed areas. Violators of such restricted areas shall be prohibited from working on site.
The Contractor and the Township do hereby agree that the provisions of title II of the Americans with Disabilities Act of 1990 (the "Act") (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the Township pursuant to this contract, the Contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the Contractor shall defend the Township in any action or administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect and save harmless the Township, its agents, servants and employees from and against any and all suits, claims, losses, demands, or damages of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The Contractor shall, at its own expense, appear, defend and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the Township's grievance procedure, the Contractor agrees to abide by any decision of the Township which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the Township or if the Township incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the Contractor shall satisfy and discharge the same at its own expense.
The Township shall, as soon as practicable after a claim has been made against it, give written notice thereof to the Contractor along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the Township or any of its agents, servants and employees, the Township shall expeditiously forward or have forwarded to the Contractor every demand, complaint, notice, summons, pleading, or other process received by the Township or its representatives.
It is expressly agreed and understood that any approval by the Township of the services provided by the Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act and to defend, indemnify, protect and save harmless the Township pursuant to this paragraph.
It is further agreed and understood that the Township assumes no obligation to indemnify or save harmless the Contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the Contractor expressly understands and agrees that the provision of this indemnification clause shall in no way limit the Contractor's obligations assumed in this Agreement, nor shall they be construed to relieve the Contractor from any liability, nor preclude the Township from taking any other actions available to it under any other provisions of this Agreement or otherwise at law.
All items bid shall conform to the written descriptions and specifications. Specific manufacturers, models and brand names may be mentioned in these specifications to establish the level of quality sought by the Township of Toms River. Manufacturers, models and items of equivalent or greater quality may be substituted and so noted, in writing, on the applicable exception sheets. The Township reserves the right to request a sample of any substitutions being bid, prior to award of contract. Failure to change the descriptions as above will be interpreted to mean that the bidder intends to furnish the particular make of article called for in the specifications, and the Township will insist upon delivery of the specified item. Substitutions will not be permitted after bids have been opened and accepted by the Township.
If the “brand name or equivalent” is used and a bidder proposes an equivalent, the burden rests with the bidder to demonstrate equivalency through the submission of documentation. Mere submission of company or product literature is unacceptable and can be used as a basis for rejection of the claim of equivalence and the bid.
All decisions as to the quality of the products shall be made by the Township and such decisions shall be final.
In the case of rejected materials, the vendor shall be responsible for return freight charges.
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:
No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).
The contract will be awarded to the Lowest Responsible Bidder whose total bid including alternative items, amounts to the lowest number of dollars.
If more than one (1) alternate proposal is specified in addition to the base bid, the Township shall specify the criteria or ranked order by which specified alternate proposals shall be selected.
All bids will be compared on the basis of the work shown on the plans and as specified herein, including addenda.
No bid will be accepted that does not contain a price for every item contained in the Bid Table. Bids that are obviously unbalanced may be rejected by the Township.
The bidder shall be responsible to secure all permits, licenses and bonds, and shall pay all necessary fees required in the performance of the work. The bidder shall fully inform themselves as to the cost of all necessary permits, licenses and bonds, and shall include the cost in the unit prices bid for the work, unless directed differently in the Detail Specifications.
Any business entity making a contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative leadership committee, political committee or continuing political committee, which has received in any calendar year $50,000 or more in the aggregate through agreements or contracts with a public entity, shall file an annual disclosure statement with the New Jersey Election Law Enforcement Commission setting forth all such contributions made by the business entity during the twelve (12) months prior to the reporting deadline, as required by N.J.S.A. 19:44A-20.27.
All information given on the plans or in the solicitation relating to subsurface conditions and existing utilities and other structures is from the best sources at present available to the Township. All such information and the drawings of existing conditions are furnished only for the information and convenience of bidders.
It is agreed and understood that the Township does not warrant or guarantee that the materials, utilities or other structures encountered during construction will be the same as those indicated by the information given on the contract drawings or solicitation.
The bidder is responsible for ascertaining the character, quantities and conditions of the various materials and the work to be done.
It further is agreed and understood that the bidder or the contractor will not use any of the information made available to them or obtained in any examination made by them in any manner as a basis or ground of claim or demand of any nature, against the Township or the Engineer, arising from or by reason of any variance which may exist between the information offered and the actual materials or structures encountered during the construction work, except as may otherwise be provided for in the solicitation.
Unless otherwise specified, the price bid for each of the items listed on the bid shall be for the material in place. Any and all work necessary to construct, erect or place such materials in the work shall be estimated and included in the cost of each item.
The contract period shall be defined in the Detail Specifications. Pursuant to N.J.A.C. 5:30-5.1 et seq, any contract resulting from this bid shall be subject to the availability of funds annually. If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid.
The contracting unit shall award the contract or reject all bids within no more than sixty (60) days, except that the bids of any bidders who consent thereto may, at the request of the contracting unit, be held for consideration for such longer period as may be agreed. When the bid specifications state that the execution of the contract shall be subject to prior approval by a Federal or State agency or department, the contract shall be awarded or all bids rejected within five (5) days after the approval by such Federal or State agency or department.
The award of contract shall not be made unless the necessary funds have been certified by the Township Chief Financial Officer (CFO), in a lawful manner.
The Township reserves the right to reject any or all bids, in whole or in part, if not in compliance with the bid specifications.
The Township reserves the right to to adopt alternates; to accept that one which in its judgment best serves its interests; to waive any minor informalities or irregularities in the bids received and to accept the bid from the lowest responsible bidder in accordance with the applicable law.
Pursuant to N.J.S.A. 40A:11-13.2, the Township may reject all bids for any of the following reasons:
Multiple bids: More than one (1) bid submitted from an individual, a firm or partnership, a corporation or association or principals under the same or different names, shall not be considered.
Unbalanced bids: Bids which are obviously unbalanced may be rejected at the option of the Township.
Pursuant to the Local Public Contracts Law N.J.S.A. 40A:11-6.1(d), whenever two (2) or more responses to a request for bid offer equal prices and are the lowest responsible bids, the Township may award the contract to the vendor whose response, in the discretion of the Township, is the most advantageous, price and other factors considered. The resolution of award shall explain why the vendor selected is the most advantageous.
Pursuant to N.J.S.A. 34:5A-1 et seq., the State Department of Health has adopted a Workplace Hazardous Substance List (N.J.A.C. 8:59-9) which includes 2051 substances that pose a threat to the health and safety of employees. Therefore, under the provisions of N.J.A.C. 8:59-7, each bidder shall furnish the Township of Toms River a "Material Safety Data Sheet" for each product they supply the Township, which contains a substance listed on the Hazardous Substance List (N.J.A.C. 8:59-9). These Material Safety Data Sheets shall be submitted to the Township of Toms River by the successful bidder upon execution of their contract.
The Township of Toms River requires that a current copy of the applicable Material Safety Data Sheet be supplied with the delivery of each product to the appropriate Township “ordering” department.
Furthermore, under the provisions of N.J.A.C. 8:59-5, each product shall have the CAS# listed on and an ingredients label affixed or stenciled onto any container that contains such substances and is being supplied to any department of the Township of Toms River.
All “outside cleaning contractors” shall supply the applicable “MSDS” sheets for the products they are using in the performance of their contract with the Township of Toms River.
Should a contractor fail to complete their work on or before the time set forth above or as provided within, the Township may retain an amount as liquidated damages for each calendar day in accordance with the provisions of that section.
The successful bidder, upon failure or refusal to execute and deliver the contract agreement and the required bonds and insurance certificates within the time specified in the bid, shall be liable to the Township for damages suffered, which shall be defined as the difference between the amount specified in the successful bid and the amount for which the Township may contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, together with any additional expenses incurred by the Township as a result of such bidder's failure to enter into the contract, including, but not limited to, attorney's fees, the expense for re-advertisement for bids and the processing of such bids.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be referred to the Township Engineer for decision. An initial decision of the Township Engineer shall be required as a condition precedent to litigation for all claims between the Contractor and Township arising prior to the date final payment is due, unless thirty (30) days have passed after the claim has been referred to the Township Engineer with no decision having been rendered by the Township Engineer.
The Township Engineer shall approve or reject any claim by written decision within ten (10) days of the submission of a claim, and notify the parties of any change to the amount of the contract and/or time for completion of the contract. The approval or rejection of a claim by the Township Engineer shall not be binding upon the parties.
Any claim not resolved by the Township Engineer may be submitted to mediation pursuant to industry standards prior to being submitted to a court for adjudication. If a claim is submitted to a court for adjudication, the venue for all such litigation shall In the Superior Court of New Jersey, Law Division, Ocean County.
The Township may, at any time, by written order, and without notice to the sureties, make changes in the work within the general scope of work, consisting of additions, deletions or other revisions. Such changes may include, without limitation, changes in the documents, drawings or specifications, changes in the quantities, estimated quantities, design, line, grade, plan, form, dimensions or materials of the work or any part thereof, changes in the method or manner of performing the work, and changes in Township-furnished property.
Any other written or oral orders (including, without limitation, directions, instructions, interpretations, or determinations) from the Township or Engineer to the contractor that cause material change in the requirements of the solicitation, may be authorized as changes under this Clause; provided, as conditions precedent, that the contractor gives the Township and Engineer advance written notice at the earliest practicable time (in any case before beginning the work which will be the subject of the claimed change and before incurring any costs in connection with the claimed change) of the date, circumstances and source of the alleged change; provided that the contractor expressly states in the notice that the contractor regards the order as a change in the requirements of the solicitation and cites this Article of the contract; and provided that the Township determines that the claim of the contractor is meritorious and issues a duly authorized written change order to that effect.
If any such change causes an increase or decrease in the cost of or time required for the performance of any part of the work under this contract, the Township shall make an adjustment in the contractor price, the required completion times for the contractor work, or both. If any change decreases the work to be performed, the contractor shall not be entitled to damages or anticipated profits on the work that is eliminated.
(2) of this subsection, the Owner shall promptly evaluate the Contractor’s notice and promptly advise the Contractor of its determination on how to proceed in writing.
(b) If the Owner determines that the Contractor is not entitled to additional compensation or time, the Contractor shall proceed with the performance of the Contract work, and shall be entitled to pursue a suspension of work claim against the Owner for additional compensation or time attributable to the suspension.
(b) If the Owner determines that the Contractor is not entitled to additional compensation or time, the Contractor shall continue the performance of all Contract work, and shall be entitled to pursue a claim against the Owner for additional compensation or time attributable to the alleged material change.
(b) If the quantity of a pay item is increased or decreased by more than twenty (20) percent from the bid proposal quantity, the quantity change shall be considered a major change in quantity.
(b) For a major decrease in quantity, the Owner or Contractor may request to renegotiate the price for the quantity of work performed. If a mutual agreement cannot be reached on a negotiated price for a major quantity decrease, the Owner shall pay the actual costs plus an additional ten (10) percent for overhead and an additional ten (10) percent for profit, unless otherwise specified in the original bid; provided, however, that the Owner shall not make a payment in an amount that exceeds eighty (80) percent of the value of the bid price multiplied by the bid proposal quantity.
As a condition precedent to the Contractor's right to any entitlement to increased costs or an extension of time under this Clause, the Contractor must fully document its claim to an adjustment within thirty (30) days after receipt of a written change request/directive from the Owner or within thirty (30) days after the Contractor gives notice of a constructive change. Such documentation shall, without limitation, include a written statement to the Owner and Engineer setting forth the full particulars of the Contractor's claimed entitlements and the claimed amounts, accompanied by full documentation and detailed accounting in support of all aspects of the claim. The Contractor shall update and supplement its claim and documentation as necessary at intervals not greater than thirty (30) days.
No claims for an adjustment shall be allowed if asserted after final payment under this Contractor.
Total value of change orders executed for a particular Contract shall not cause the originally awarded contract price to be exceeded by more than twenty (20) percent unless otherwise authorized as per N.J.A.C. 5:30-11.
The following general policies shall apply to adjustments for lump sum projects under this Article:
In order to be allowable in adjustments, costs must be reasonable in nature and amount. Indirect Costs (overhead costs) must be allocable to the Contractor, i.e., chargeable to the Contractor on the basis of relative benefit received or other relationship. Direct Costs for changed work shall be limited to increases or decreases in the identifiable direct cost of the following:
Should the Owner and Contractor fail to agree upon any adjustment addressed by this Article, the Engineer shall initially fix the terms of the adjustment and if the Owner or Contractor shall be dissatisfied with the Engineer's actions in this regard, such party may give notice to the Engineer of a dispute and a request for a formal decision under the Clause of this Contractor entitled, "Responsibility of the Engineer". However, nothing shall excuse the Contractor from proceeding with the Contractor as changed.
The change orders executed for this Contractor shall, in no event, cause the originally awarded Contractor Price to exceed limitations set forth in N.J.A.C. 5:34-4.1 et. seq., except as may be authorized under such regulation.
The Township of Toms River reserves the right to require any and all of the successful bidders to both quote and timely deliver, any emergent materials, supplies, equipment, etc. which are consistent with the items listed but not specifically set forth in this document during the period of performance (term of this agreement/contract). Emergent requirements include, but are not limited to, those currently undefined, unanticipated and otherwise non-routine requirements which could not have been anticipated in this solicitation.
Pursuant to N.J.S.A. 40A:11-14, all contracts shall cease to have effect at the end of the contracted period and shall not be extended by any mechanism or provision, unless in conformance with the LPCL, except that a contract may be extended by mutual agreement of the parties to the contract when a contracting unit has commenced rebidding prior to the time the contract expires or when the awarding of a contract is pending at the time the contract expires.
Certificates of Liability and Worker's Compensation insurance satisfactory to the Township of Toms River shall be filed with the Division of Purchasing, prior to award.
All of the vendor's insurance coverages shall contain a clause indemnifying and saving harmless the Township of Toms River, and their agents from any and all liability of whatever nature arising from the work to be performed under the contract, including attorney's fees and costs in connection with the defense of such claims. The Certificate of Insurance furnished by the vendor shall state specifically that the above indemnification is guaranteed by the policy. Such statement, if not included in the body of the policy, shall be typed on the face or back of the certificate.
The vendor shall maintain all coverages submitted prior to award of contract for the whole duration. The Certificate of Insurance shall name the Township the Certificate Holder and as an additional insured on a primary and non-contributory basis.
MINIMUM REQUIREMENTS TO BE CARRIED BY THE VENDOR:
Comprehensive General Liability: Limits shall be a minimum of $1,000,000.00 bodily injury and property damage, per occurrence/$2,000,000.00 aggregate.
Comprehensive Automobile Liability: Limits shall be a minimum of $1,000,000.00 bodily injury and property damage, per occurrence/$2,000,000.00 aggregate. The Certificate shall cover (a) Hired Vehicles and (b) Non-owned Vehicles.
Worker's Compensation & Employer's Liability: The vendor shall carry adequate worker's compensation insurance for all employees employed in connection with the work and any work in sublet. The vendor shall require each subcontractor to provide the same for their employees, unless such employees are covered by the protection afforded by the vendor's insurance.
Coverage A shall be New Jersey Statutory
Coverage B (Employer's Liability) shall be unlimited as per New Jersey Workmen's Compensation Law
Proof of insurance is required to be submitted prior to award of contract.
In accordance with the Local Public Contracts Law, any multi-year contracts awarded shall be subject to the availability and appropriation of sufficient funds on an annual basis.
If funds are not available for the continuance of any goods provided or services performed, whether in whole or in part, the Township shall terminate the contract at the end of the fiscal year.
All pricing submitted shall be net and inclusive of all charges for packing, crating, containers, etc. The price(s) bid shall be net, F.O.B. destination, firm and not subject to any increases during the term of the contract, including fuel surcharges. A new contract shall be solicited if any price escalations or surcharges are imposed, and the current contract shall be considered void.
Additional charges shall not be accepted by the Township when partial shipments are made at the vendor's convenience.
In the event of a price decrease during the contract period, the Township of Toms River shall receive the benefit of such price reduction. The Division of Purchasing shall be notified, in writing, of any price reductions within five (5) business days of the effective date. Written notification shall be sent to purchasing@tomsrivertownship.com.
Failure to report price reductions shall result in cancellation of the contract for cause.
The Township has attempted to estimate the approximate amounts of each item bid to cover its requirements; however, past experience shows that the final quantity may be different than originally bid. The Township reserves the right to increase or decrease quantities pursuant to N.J.A.C. 5:30-11.2. No minimum purchase is guaranteed.
In the various detailed sections of the specifications, where any item of equipment or material is indicated by proprietary name, trade name, or name of one or more manufacturers, with the addition of such expressions as "or equal", it is to be understood that equivalent equipment or products of either a manufacturer named or of a manufacturer not named, which meet the detailed requirements of the specifications, is intended, subject to the acceptance of the Engineer as to equality thereof. It is distinctly understood, (1) that the Engineer is to use his own judgment in determining whether or not any item of equipment or material proposed is equal in quality to that specified, (2) that the decision of the Engineer on all such questions of equality shall be final, and (3) that, in the event of any adverse decision by the Engineer, no claim of any sort shall be made or allowed against the Engineer or the Township.
The first listed material or equipment, whether indicated by name of manufacturer, brand name, trade name or catalog reference form the basis of design. Materials and equipment indicated in addition to those first listed will be accepted as equal in quality, however the contractor will be responsible for all costs, as specified hereinafter, for substitute materials for any design revisions and any new construction needed.
Substitute materials and equipment will be considered only if they are equal in quality, durability, appearance, strength, capacity, type and other requirements of the indicated items, if they conform to the physical limitation of the locations where they will be used and if they are acceptable to the Engineer.
The burden of proving equivalency shall be on the contractor. Where any substitution alters the design of space requirements of any of the work, the contractor shall bear all costs of the revised design and construction, including the preparation and submission to the Engineer of detailed drawings showing all modifications of the contract plans necessary to accommodate such equipment, all changes or additions to structures, piping, buildings, mechanical and electrical work, accessories, controls and all other changes to the work required to accommodate the substitute item.
The Township is exempt from any local, state or federal sales, use or excise tax. The Township will not pay for N.J. State Sales and Use Tax that are included in any invoices. Exemption Certificates shall be furnished by the Division of Purchasing, upon request.
Payment shall be made after a properly executed Purchase Order and invoice have been received. All payments shall be placed on the bill list and publicly approved by the Township Council at regular Township Council meetings. All payment vouchers/invoices approved at each meeting are paid by checks which are mailed Friday directly after the meeting. Under no circumstances may checks be picked up by the vendor/contractor.
In order for a payment voucher to be placed on said meetings for approval, they must be submitted fully executed by the vendor/contractor to the appropriate Township department, be signed by all the appropriate Township officials and be presented to the Finance Office no later than 4:30p.m., twelve (12) calendar days immediately prior to the actual meeting.
This means that the Township cannot process payment without the certification on the payment voucher that the goods have been received or the services performed. Further, the Township will not accept any delivery of goods or services 'C.O.D'. There are no exceptions to these procedural requirements.
The vendor has the option to provide a prompt payment discount to the Township, for invoices that are processed paid within thirty (30) days from the receipt of an invoice. The percentage offered shall not be less than 1% and shall be entered on the Price Certification form, found in the Vendor Questionnaire. The discount shall be deducted from the amount on the invoice and a new check shall be issued to the vendor.
Pursuant to N.J.S.A. 40A:11-19.1, a contracting unit shall pay interest on the amount due a business concern pursuant to a properly executed invoice, when required, if the required payment is not made on or before the required payment date.
Unless otherwise provided for in the contract, the required payment date shall be sixty (60) calendar days from the date specified in the contract or if no required payment is specified in the contract, then the required payment date shall be sixty (60) calendar days from the receipt of a properly executed invoice, or sixty (60) days from the receipt of goods or services, whichever is later. Interest shall not be paid unless goods and services are rendered.
Any challenge of the bid specifications shall be addressed to the Qualified Purchasing Agent, at purchasing@tomsrivertownship.com, no less than three (3) business days prior to the opening of bids.
The attention of bidders is directed to the fact that in submitting their bid, the bidder agrees that they will not withdraw it within sixty (60) consecutive calendar days after opening the bids except as noted in the following section.
Upon proper request and identification, bids may be withdrawn as follows:
A. At any time prior to the designated time for the opening of Bids,
B. Provided the bid has not been accepted by the Township, at any time subsequent to the expiration of the period during which the bidder has agreed not to withdraw their Bid.
Unless a bid is formally withdrawn, it shall be deemed open for acceptance until the contract agreement has been executed by both parties thereto or until the Township manifests that they do not intend to accept the bid. Notice of acceptance of a bid shall not constitute rejection of any other bid.
Bids may be withdrawn upon Written Notification from the bidder up to 24-hours prior to the advertised date of opening. Evidence that the request does in fact represent the principal(s) having submitted the proposal must accompany the written notice.
N.J.S.A. 40A:11-23.3 authorizes a bidder to request withdrawal of a public works bid due to a mistake on the part of the bidder. A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical error that is an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor, material, or both, from the final bid computation.
A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to Township of Toms River, Division of Purchasing, 33 Washington Street, Toms River, New Jersey 08753. The bidder must request withdrawal of a bid due to a mistake, as defined by the law, within five (5) business days after the receipt and opening of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, the Purchasing Agent may contact all bidders, after bids are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.
A bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the public owner’s designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11-23.3.
The Township will not consider any written request for a bid withdrawal for a mistake, as defined by N.J.S.A. 40A:11-2(42), by a bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within the five (5) business days following the opening of bids.
The successful bidder shall protect and save the Township of Toms River harmless from all and every demand for damages, royalties or fees on any patented invention used by it in connection with the supplies furnished under contract and it shall be the duty of the bidder (contractor), if so demanded by the Township, to furnish said Township with a proper legal release or indemnity from and against all such claims and any or all payments due under such contract may be withheld from the contractor until such release or releases are furnished, if the Township so elects.
In the event of a Public Emergency declared at the Local, State or Federal level, the Township shall have the option to extend the contract, with same terms and conditions, for the goods or services within this contract. If the awarded vendor does not agree to provide the goods or services during this time, the Township shall have the option to purchase from any bidder on this contract.
FEMA funded contracts must follow the Code of Federal Regulations 2 C.F.R. 200.326 and 2 C.F.R. Part 200 Appendix II as follows:
(i) Contract provisions. A grantee’s and subgrantee’s contracts must contain provisions in paragraph (i) of this section. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy.
(1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold)
(2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000.)
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled ‘‘ Equal Employment Opportunity,’’ as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 C.F.R. part 60.) (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees.)
(4) Compliance with the Copeland ‘‘Anti-Kickback’ Act (18 U. S. C. 874, 40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair.)
(5) Compliance with the Davis- Bacon Act (40 U. S. C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5) (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required by Federal grant program legislation.)
(6) Where applicable (see 40 U.S.C. 3701) all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U. S. C. 3702 and 3704 as supplemented by Department of Labor regulations (29 CFR Part 5.)
(7) Notice of awarding agency requirements and regulations pertaining to reporting.
(8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract.
(9) Awarding agency requirements and regulations pertaining to copyrights and rights in data.
(10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
(11) Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed.
(12) For all contract in excess of $150,000, compliance with all applicable standards, orders, or requirements of the Clean Air Act (42 U. S. C. 7401-7671q) Federal Water Pollution Control Act as amended (33 U. S. C. 1251-1387. Violations must be reported to FEMA regional office of Environmental Protection Agency (Contracts, subcontracts, and subgrants of amounts in excess of $150,000)
(13) Mandatory standards and policies must comply with Section 6002 of the Solid Waste Disposal Act, (Pub. L. No. 89-272 (1965) codified as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6962)
Relevant records of private vendors or other persons entering into contracts with covered entities are subject to audit or review by the New Jersey Office of the State Comptroller pursuant to N.J.S.A. 52:15C-14(d). The Contractor shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.
Where applicable, the provisions set forth in this Rider apply to all purchases funded, in whole or in part, by Federal funds as required by 2 CFR 200.317.
I. PROCUREMENT OF RECOVERED MATERIALS
To the extent that the scope of work or bid specifications in the contract requires the contractor to provide any of the following items, this Rider shall modify and supersede the terms of the scope of work or specifications.
Pursuant to 2 CFR 200.322, the contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds$ 10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $ 10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
A . Designated items are those set forth in 40 CFR 247 subpart 8, as may be amended from time
to time, including:
1. Paper and paper products listed in 40 C.F.R 247.10;
2. Certain vehicular products as listed in 40 CFR 247.11;
3. Certain construction products listed in 40 C.F.R. 247.12;
4. Certain transportation products listed in 40 C.F.R. 247.13;
5. Certain park and recreation products, 40 C.F.R. 247.14;
6. Certain landscaping products listed in 40 C.F.R. 247.15;
7. Certain non-paper office products listed in 40 C.F.R. 247.16; and
8. Other miscellaneous products listed in 40 C.F.R. 247.17.
B. As defined in 40 CFR 247.3, "recovered material" means:
1. waste materials and byproducts which have been recovered or diverted from solid waste, but such term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process; and
2. for purposes of purchasing paper and paper products. means waste material and by products that have been recovered or diverted from solid waste, but such term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process. In the case of paper and paper products, the term recovered materials includes:
a. Postconsumer materials such as -
i. Paper, paperboard, and fibrous wastes from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; and
ii. All paper, paperboard, and fibrous wastes that enter and are collected from municipal solid waste, and
b. Manufacturing, forest residues, and other wastes such as -
i. Dry paper and paperboard waste generated after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel in smaller rolls of rough sheets) including: envelope cuttings, bindery trimmings, and other paper and paperboard waste, resulting from printing, cutting, forming, and other converting operations; bag, box, and carton manufacturing wastes; and butt rolls, mill wrappers, and rejected unused stock; and
ii. Finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or others;
iii. Fibrous byproducts of harvesting, manufacturing, extractive, or wood-cutting processes, flax, straw, inters, bagasse, slash, and other forest residues;
iv. Wastes generated by the conversion of goods made from fibrous material (that is, waste rope from cordage manufacture, textile mill waste, and cuttings); and
v. Fibers recovered from waste water which otherwise would enter the waste stream.
C. For contracts in an amount greater than$ 100,000, at the beginning of each contract year, contractor shall provide the State estimates of the total percentage of recovered material utilized in the performance of its contract for each of the categories listed is subsection (A). For all contracts subject to this section of the Rider, at the conclusion of each contract year, contractor shall certify to the State the minimum recovered material content actually utilized in the prior contract year.
II. EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action 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 setting forth the provisions of this nondiscrimination clause.
(2) The contractor 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 race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information,
(4) The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that ii will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
Ill. DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED
When required by Federal program legislation, all prime construction contracts in excess of $ 2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
IV. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 u.s.c. 3701-3708
Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
V. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
VI. CLEAN AIR ACT, 42 U.S.C. 7401-7671Q. AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387. AS AMENDED
Contracts and subgrants of amounts in excess of$ 150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
VII. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)
A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
VIII. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352
Contractors that apply or bid for an award exceeding$ 100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
APPENDIX II TO PART 200 8/25/21
IX. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41.U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
X. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
XI. § 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.
(a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section.
XII. § 200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
(b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
XIII. §200.216 Prohibition on certain telecommunications and video surveillance services or equipment.
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information.
(d) See also §200.471.
XIV. Copeland Anti-Kickback Provision 40 U.S.C. 3145
The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
This Rider consists of (3) Pages and (14) Articles and is hereby incorporated into any issued Purchase Order or Contract as applicable by title of this document.
PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE AND UPLOAD.
NOTE: THIS IS MANDATORY; FAILURE TO SIGN SHALL BE CAUSE FOR REJECTION
PLEASE UPLOAD A COPY OF YOUR BID GUARANTEE(S).
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PLEASE DOWNLOAD AND REVIEW THE BELOW DOCUMENT.
THIS IS A SAMPLE. NO UPLOAD IS REQUIRED.
PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE AND UPLOAD.
NOTE: THIS IS MANDATORY
THIS IS A SAMPLE. NO UPLOAD IS REQUIRED.
THIS IS A SAMPLE. NO UPLOAD IS REQUIRED.
THIS IS A SAMPLE. NO UPLOAD IS REQUIRED.
THIS IS A SAMPLE. NO UPLOAD IS REQUIRED.
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PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE AND UPLOAD.
NOTE: THIS IS MANDATORY
PLEASE DOWNLOAD THE BELOW DOCUMENTS, COMPLETE AND UPLOAD.
NOTE: THIS IS MANDATORY; FAILURE TO SIGN SHALL BE CAUSE FOR REJECTION
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NOTE: THIS IS MANDATORY
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PLEASE UPLOAD YOUR AA302 AND COPY OF THE CHECK OR EMPLOYEE INFORMATION REPORT CERTIFICATE.
NOTE: THIS IS REQUIRED PRIOR TO AWARD OF CONTRACT, BUT BIDDERS ARE STRONGLY URGED TO INCLUDE WITH THEIR BID SUBMISSION; AN AA302 SHALL ONLY BE ACCEPTED IF THE VENDOR HAS NEVER BEEN AWARDED A CONTRACT WITH THE TOWNSHIP.
PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE AND UPLOAD.
NOTE: THIS IS REQUIRED PRIOR TO AWARD OF CONTRACT, BUT BIDDERS ARE STRONGLY URGED TO INCLUDE WITH THEIR BID SUBMISSION
PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE AND UPLOAD.
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SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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