SLED Opportunity · NEW JERSEY · ATLANTIC COUNTY UTILITIES AUTHORITY, NJ
AI Summary
Invitation for Bid to provide factory authorized parts, preventive maintenance, and repair services for Vermeer Recycling Equipment at ACUA Fleet Services Center in Egg Harbor Township, NJ.
The purpose of this solicitation is to provide factory authorized Vermeer Recycling Equipment parts, preventive maintenance service and repairs at the ACUA Fleet Services Center, located in Building #3 at 6700 Delilah Road in Egg Harbor Township, NJ, and in-shop service at the factory authorized service center if extensive repairs are needed.
The Atlantic County Utilities Authority (ACUA) owns and operates a Solid Waste complex in Egg Harbor Township, Atlantic County, NJ, known as the Howard F. Haneman Environmental Park, and a Wastewater Treatment Facility in Atlantic City, Atlantic County, NJ, known as City Island Treatment Plant.
The Solid Waste facility is home to an active landfill, a recycling center, composting site, and ancillary facilities. Also on site is the ACUA’s primary administration building, constructed in 1992, which features a closed-loop geothermal HVAC system. The site is home to a 5.4 MW landfill methane gas to electricity project which provides 100% of the power needs of the Park. The ACUA’s solid waste complex is located at 6700 Delilah Road, in Egg Harbor Township, New Jersey. The site consists of approximately 360 acres with approximately 102 acres representing the landfill footprint.
The Wastewater Treatment Facility has been in operation since 1978 and services 14 communities in Atlantic County. It is home to the Jersey-Atlantic Wind Farm, a 7.5 MW wind farm that is privately owned and from which the ACUA purchases approximately 12 million kWh per year of electricity. In addition, the facility also houses a 500 kW solar PV system.
The ACUA is responsible to the residents of Atlantic County to be financially prudent and environmentally responsible.
N.J.S.A. 10:2-1 ET SEQ.
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:
a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;
b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or
intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;
c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and
d. This contract may be canceled or terminated by the contracting public agency, and all money due or to
become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.
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.).
Equal Opportunity for Individuals with Disability
The contractor and the Atlantic County Utilities Authority, (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner 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 owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, 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 owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner 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 owner 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 owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the owner 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 owner pursuant to this paragraph.
It is further agreed and understood that the owner 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 provisions 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 owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.
No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. as administered by the Division of Purchase & Property Contract Compliance and Audit Unit (Division) and provided below. The contract will include the language included as Exhibit A in the Attachments section in this specification.
The duration of the Contract will be for 24 months with extensions as permitted by law, when in agreement to do so by both the awarded vendor and the ACUA.
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)
N.J.A.C. 17:27 et seq.
GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES 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, affection-al 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, up-grading, 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.
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; or
Employee Information Report Form AA-302 (electronically provided by the Division and distributed to the public agency through the Division’s website at: http://www.state.nj.us/treasury/contract_compliance.
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program 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 Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
The length of the contract shall be stated in the technical specifications. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. Please see Section Termination of Contract [below], for additional information.
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 owner may also elect to award the contract on the basis of unit prices.
The form of contract shall be submitted by the Authority to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions must be formally accepted by the Authority; material exceptions will result in rejection of the bid.
Bidders must certify on the provided form if they are listed or not on the state's debarment list (The Wall, www.nj.gov/labor/ea/osec/wall.shtml). (N.J.S.A. 34:1A-1.16)
Successful bidder/respondent shall complete W-9 Form and submit to the Authority prior to contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
Bids may be rejected for any of the following reasons:
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.
All scheduled repairs and preventive maintenance services are to be performed between the regular hours of 7:00 AM and 5:00 PM, Monday through Friday. All workmanship and repairs shall be performed to the satisfaction of the Facilities and Fleet Services Manager.
All workmen reporting to the ACUA site, as requested, must report to the Maintenance Center upon arrival for instructions pertaining to the work to be performed. Upon completion of the designated work, the workman must report back to the Maintenance Center with paperwork (work order, etc.) for signature to verify completion of the work. Failure to report to the Maintenance Center for signature upon completion of the work will result in non-payment of the invoice.
Brand names and/or descriptions used in these specifications are to acquaint bidders with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated.
When a specification uses "brand name or equivalent," the listed brand name shall serve as a reference or point of comparison for the functional or operational characteristic desired for the good or service being requested. Where a bidder submits an equivalent, it shall be the responsibility of the bidder to document the equivalence claim. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence.
In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the Authority harmless from any damages resulting from such infringement.
The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges.
If a contract is awarded, the Authority will select the lowest responsible and responsive bid, which in its sole judgment appears to be the most advantageous.
The Award of contract shall be based on the TOTAL PRICE for the following estimate of service and parts provided: one hundred and twenty (120) hours in-shop repair, plus twenty (20) field service calls with eight (8) hours each of on-site labor. Parts for all service work will total $125,000.00 (list price). The vendor will apply a parts discount percentage to the parts list price and use that discounted price as part of the total price calculation. The parts discount percentage must be honored for the life of the contract.
Pursuant to N.J.S.A. 52:25-24.2), bidders must submit a complete Ownership Disclosure Statement. It requires a list of the names and addresses of all persons and entities owning ten percent or more of its stock or interest, regardless of the type of business ownership. Bidders should carefully review the instructions before completing the form. Failing to complete the document disqualifies an offer as it cannot be fixed later. Sole proprietors list themselves as 100% owners. Non-profit entities simply fill in their name and check the appropriate box.
Pursuant to N.J.S.A. 52:32-44, the Atlantic County Utilities Authority (“Contracting Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.
Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s). Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.
During the course of contract performance:
Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses.
Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency. Information on how a business can obtain a certificate can be obtained on the Internet at www.nj.gov/njbgs or by phone at (609) 292-1730.
Proposals will be evaluated based on hourly rates for regularly scheduled field and shop service. The rates shall include, as separate items, hourly shop labor, hourly on-site field labor and a portal-to-portal travel fee. The rates shall be for one (1) Journeymen Mechanic.
The Contractor shall invoice the Authority for each repair or preventive maintenance service rendered including date of service, individual location site, number of hours (regular and overtime), portal to portal travel fee and any parts necessary for the repair. If the Authority chooses to just purchase parts an invoice including freight charges shall be supplied. The Authority makes payment monthly.
Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A:11-18.
Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within ten (10) days of the payment of the wages. In the event it is found that any worker, employed by the contractor or any subcontractor has been paid a rate of wages less than the prevailing wage required to be paid, the owner 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 prosecute the work to completion.
The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at http://lwd.dol.state.nj.us/labor/wagehour/wagerate/pwr_construction.html
Certified payroll records must be submitted within ten days of payment to the agency and through the NJ Wage Hub (https://njwages.nj.gov).
Pursuant to NJSA 34:11-56.29, very contractor and subcontractor shall keep an accurate record showing the name, craft or trade, and actual hourly rate of wages paid to each worker employed by him in connection with a public work and such records shall be preserved for two years from date of payment. The record shall be open at all reasonable hours to the inspection of the public body awarding the contract, to any other party to the lease or agreement to lease pursuant to which the public work is done, and to the commissioner.
The Public Works Contractor Registration Act (PWCRA) requires that all Contractors, including named Subcontractors, register with the Department of Labor and Workforce Development prior to submitting price proposals or engaging on certain public works contracts that exceed the prevailing wage threshold. The prevailing wage threshold is $2,000 for all non-municipal entities. No Contractor shall bid on any contract for public work as defined in section 2 of P.L.1963, c. 150 (C.34:11-56.26) unless the Contractor is registered pursuant to this act. No Contractor shall list a Subcontractor in a bid proposal for the contract unless the Subcontractor is registered pursuant to P.L.1999, c.238 (C.34:11-56.48 et seq.) at the time the bid is made. The law requires that Contractors submit certificates after a bid proposal is received and prior to the award of the contract (N.J.S.A. 34:11-56.55).
Additional information on the PWCRA can be obtained from the:
Contractor Registration Unit Telephone: 609-292-9464
Division of Wage and Hour Compliance Fax: 609-633-8591
New Jersey Department of Labor Email: contreg@dol.state.nj.us
PO Box 389 Web site: www.nj.gov/labor/lsse/lspubcon.html
Trenton, New Jersey 08625-0389
The web site has links to the PWCRA Registration Form, Listing of Contractors, Prevailing Wages and other useful information.
Contact the Division of Local Government Services at (609) 292-7842, by fax at (609) 633-6243 or by e-mail at lpcl@dca.state.nj.us for assistance in the application of the Local Public Contracts Law or related PWCRA issues. As specific situations are presented to the contracting unit, local legal advisors should review this guidance as to its applicability.
If the ACUA has requested prevailing wage rates for this project the appropriate rates for Atlantic County will be included in this bid package.
Bidder should be aware of the following statutes:
Pursuant to N.J.S.A. 52:25-24.2 et seq., any person, or entity that submits a bid, or proposal or otherwise proposes to enter into, or renew a contract, must complete the Disclosure of Investment Activities in Iran certification contained herein. Failing to submit the completed form disqualifies the offeror from receiving the contract.
Pursuant to NJ.S.A. 52:32-60.1, before a goods or services contract can be entered into, vendors and contractors must complete the provided certification form indicating whether the Vendor is identified on the U.S. Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. Failing to submit the completed form will disqualify the offeror from receiving the contract.
The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-1.1 et seq.,). All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number(s) pursuant to N.J.A.C. 8:59-5. "Container" means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans, cylinders, drums and cartons. (N.J.A.C. 8:59-1.3). Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. All containers which are stored at an owner’s facilities by the contractor or subcontractors shall display RTK labeling. Vendors with questions concerning labeling should contact the New Jersey Department of Health and Senior Services Right to Know Program for assistance in developing proper labels. www.nj.gov/health/workplacehealthandsafety/right-to-know/
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 (ELEC), established pursuant to section 5 of P.L.1973, c.83 (N.J.S.A. 19:44A-5), setting forth all such contributions made by the business entity during the 12 months prior to the reporting deadline. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
Potential bidders/respondents and their agents must not communicate in any way with the ACUA Officers, Board of Commissioners, or any ACUA staff other than Purchasing personnel in reference or relation to this solicitation. This restriction is effective from the time of bid advertisement until the Board of Commissioners meets to authorize award. Such communication may result in disqualification.
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the Authority shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the Authority of any obligation for balances to the contractor of any sum or sums set forth in the contract. The Authority will pay only for goods and services accepted prior to termination.
Notwithstanding the above, the contractor shall not be relieved of liability to the Authority for damages sustained by the Authority by virtue of any breach of the contract by the contractor and the Authority may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the Authority from the contractor is determined.
The contractor agrees to indemnify and hold the Authority harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the Authority under this provision.
In case of default by the contractor, the Authority may procure the goods or services from other sources and hold the contractor responsible for any excess cost.
It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, novation, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the Authority.
The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the Authority.
For contracts that exceed one year, each fiscal year payment obligation of the Authority is conditioned upon the availability of Authority funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the bidder awarded the contract (contractor) hereunder, whether in whole or in part, the Authority at the end of any particular fiscal year may terminate such services. The Authority will notify the contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Authority to terminate the contract during the term, or any service hereunder, merely in order to acquire identical services from another contractor.
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of a contract if the fulfillment of any term or provision of the contract is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of the contract is delayed or prevented by any court order, or action or injunction or other such agreement, the contract shall become voidable by the Authority by notice to the parties.
Neither party is responsible for delays due to uncontrollable events. Contract may become voidable if delayed by court order or injunction.
If contractor changes ownership, obligations transfer to the new party. New contractor must submit all required documentation. ACUA must approve any changes.
The agency retains ownership of all project-related documents and property, both physical and digital, provided to the contractor. This material cannot be disclosed to others or used outside the contract's scope without written agency consent. The contractor cannot use, sell, or disclose the work product or share it with third parties without prior written agency consent. Project information may require secure cloud storage access or delivery on compatible media.
As established by Board Resolution 06-12-232, the payment cycle at the Atlantic County Utilities Authority shall be as follows:
The ACUA charges awarded contractors an administrative or participation fee. These fees are based on the total sales for which a vendor has received payment. All sales volumes resulting from this contract must be recorded by the contractor and reported to the ACUA on a quarterly basis. The reporting schedule is provided below for the convenience of the prospective respondent.
Quarter | Quarter Period | Report due to ACUA | Check due to ACUA |
Quarter 1 | January 1st – March 31st | April 30th | April 30th |
Quarter 2 | April 1st – June 30th | July 31st | July 31st |
Quarter 3 | July 1 – September 30th | October 31st | October 31st |
Quarter 4 | October 1st – December 31st | July 15th | July 30th |
It is the responsibility of the contractor to accurately report all sales to the ACUA and to pay the administrative fee as specified. Fees should only be calculated for sales for which you have received payment. (Do not pay administrative fees on sales for which you have not yet been paid.)
The fee amount is listed here for the convenience of the prospective respondent.
ACUA Fee | 1.0% |
Fees shall be made payable by check issued to:
Atlantic County Utilities Authority
(which may be abbreviated to “ACUA”)
and sent to:
PHYSICAL ADDRESS: MAILING ADDRESS:
Atlantic County Utilities Authority Atlantic County Utilities Authority
6700 Delilah Road P. O. Box 996
Egg Harbor Township, NJ 08234-5623 Pleasantville, NJ 08232-0996
Attn: Purchasing Attn: Purchasing
Sales Reports: Within thirty (30) days of the end of each calendar quarter, the contractor shall deliver to the ACUA an electronic accounting report, in the format prescribed below, summarizing all purchases made under the Master Agreement during such calendar quarter (“Sales Report”). All purchases indicated in the Sales Report shall be denominated in U.S. Dollars. All purchases shipped and billed pursuant to the Master Agreement for the applicable calendar quarter shall be included in the Sales Report. The ACUA reserves the right upon reasonable advance notice to the Suppliers to change the prescribed report format to reflect changes in needs or marketplace.
Usage Reporting: Within thirty (30) days of the end of each contract year, Supplier shall deliver to the ACUA an electronic usage report of all sales under the Master Agreement, including:
Exception Reporting/Sales Reports Audits: Upon reasonable notice the ACUA reserves the right to audit sales reports and confirm the appropriate administrative fee has been remitted to the Authority.
Suppliers Failure to Provide Reports or Pay Administrative Fees: Failure to provide a Sales Report or pay Administrative Fees within the time and in the manner specified herein shall be regarded as a material breach under this Agreement and if not cured within thirty (30) days of written notice to Supplier, shall be deemed a cause for termination of the Master Agreement at the ACUA’s sole option.
Once you start your proposal you will be asked to complete a DocuSign form containing the following:
Each bidder is required to complete the designated DocuSign PowerForm as part of its bid submission. The PowerForm must be completed exclusively through DocuSign by an authorized representative of the bidder prior to the bid submission deadline. Upon completion, the bidder shall upload that completed document within the OpenGov Procurement portal as part of the final bid submission.
Failure to complete the PowerForm through DocuSign and include the executed copy in the OpenGov submission shall render the bid non-responsive and subject to rejection. The contracting authority reserves the right to verify the authenticity of any PowerForm submission through DocuSign records.
Detailed instructions for completing and submitting the required PowerForm are provided in the document titled “Instructions for Completing Forms in DocuSign,” which is included with this solicitation. Bidders are responsible for reviewing and following those instructions in full.
Once you start your proposal you will be asked to complete a DocuSign form containing the following:
Each bidder is required to complete the designated DocuSign PowerForm as part of its bid submission. The PowerForm must be completed exclusively through DocuSign by an authorized representative of the bidder prior to the bid submission deadline. Upon completion, the bidder shall upload that completed document within the OpenGov Procurement portal as part of the final bid submission.
Failure to complete the PowerForm through DocuSign and include the executed copy in the OpenGov submission shall render the bid non-responsive and subject to rejection. The contracting authority reserves the right to verify the authenticity of any PowerForm submission through DocuSign records.
Detailed instructions for completing and submitting the required PowerForm are provided in the document titled “Instructions for Completing Forms in DocuSign,” which is included with this solicitation. Bidders are responsible for reviewing and following those instructions in full.
This solicitation requires a Bid Bond or Bid Guarantee, if you respond "No" to this question, you will be prompted to submit a Bid Guarantee via certified or cashier's check.
To submit a cashier's check, please upload a scanned copy of the check in addition to completed copy of document below to be able to submit an electronic response before 11:00 am on Friday, April 10, 2026. In addition to a scanned copy, the bidders is required to mail the cashier's check to below address before 11:00 am on Friday, April 10, 2026 to be deemed responsive.
If mailing check via USPS, please mail to:
P.O. Box 996 Pleasantville, NJ 08232
If mailing check via private carrier like UPS, FedEx, DHL, etc, please mail to:
6700 Delilah Road, Egg Harbor Township, NJ 08234
Important – Bid Security Submission Requirement
All bidders must upload a PDF copy of both the Bid Bond and Consent of Surety with their online submission. If the documents are electronically verifiable (with verification code/QR link), no originals are required. If the documents are not verifiable, bidders must also deliver original, wet-signed and sealed Bid Bond and Consent of Surety to ACUA before the bid opening. Failure to provide both the required PDF upload and verifiable security (either electronic or original hard copy) will result in rejection of the bid as non-responsive.
READ THIS SECTION CAREFULLY. IF YOU DO NOT ATTACH A COMPLIANT BOND, YOU MUST ALSO SUBMIT AN ORIGINAL COPY. THIS IS YOUR WARNING.
Please note that current Cooperative Members may participate in any contract awarded under this solicitation. However, this does not guarantee or mean that the individual Cooperative Members will enter into a contract with any Cooperative approved vendor. Each Cooperative Member will make that determination after reviewing vendor responses and ACUA’s recommendation for acceptance and bid award. The Cooperative Members’ contracting decision shall be final as any award made by the Cooperative is not binding on its members. All municipal governments, quasi-governmental agencies, county governments, quasi-county agencies, school districts, public educational institutions, public colleges or universities, community colleges, vocational or technical schools, and other governmental, or non-profit organizations are eligible for membership in the Southern New Jersey Purchasing Cooperative. A response to this bid acknowledges that new members to the Southern New Jersey Purchasing Cooperative will be offered the same terms and conditions as well as the pricing current Southern New Jersey Purchasing Cooperative members receive.
Respondents should be able to provide products and services to all ACUA members. The respondent is required to have extensive knowledge of the installation and maintenance of the products offered. The ACUA and/or Coop Members reserve the right to accept or reject companies solely based on information provided in the bid and/or its own investigation of the company.
The procedure by which this contract will be awarded in the event that the lowest responsible bidder declines to extend prices to the registered members is as follows:
The contract for the needs of the lead agency will be awarded to the lowest responsible bidder, and a master contract for the registered members will be awarded to the next lowest bidder whose bid agrees to extend prices.
Please download the below document, complete, and upload.
Please include your New Jersey Business Registration Certificate (Including for all listed Subcontractors).
Please include your Public Works Registration Certificate (Including for all listed Subcontractors)
Please include your Equal Employment Opportunity document here.
Any documents which are required as a result of this bid document can be uploaded and attached here.
Please upload all relevant documents here.
Please include a current copy with your submission.
When answered yes, the solicitation will include language for cooperative contracting and request vendors to state whether they are willing to extend their price as part of the cooperative.
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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