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@@@@800192 63 LAMPS, ELECTRIC, FLUORESCENT, INCANDESCENT REV 05/07
SPECIFICATIONS
FOR
LAMPS, ELECTRIC
FLUORESCENT (ALL TYPES), INCANDESCENT
HID, & LOW PRESSURE SODIUM
(T-0192)

TABLE OF CONTENTS

1.0 INFORMATION FOR BIDDERS

2.0 DEFINITIONS

3.0 COMMODITY DESCRIPTION OR SCOPE OF WORK

4.0 PROPOSAL PREPARATION AND SUBMISSION

5.0 SPECIAL CONTRACTUAL TERMS & CONDITIONS

6.0 PROPOSAL EVALUATION AND CONTRACT AWARD

1.0 INFORMATION FOR BIDDERS

IMPORTANT: INFORMATION FOR ALL USERS OF THIS CONTRACT

FLUORESCENT TUBES, COMPACT FLUORESCENT LAMPS, AND HIGH-INTENSITY
DISCHARGE (HID) LAMPS INCLUDING MERCURY VAPOR, HIGH-PRESSURE SODIUM,
AND METAL HALIDE LAMPS ALL CONTAIN MERCURY, A HIGHLY TOXIC HEAVY METAL
THAT ACCUMULATES IN THE FOOD CHAIN AND AFFECTS NEUROLOGICAL FUNCTION
IN HUMANS.

WHEN LAMPS BREAK OR ARE LAND FILLED OR INCINERATED WITH SOLID WASTE,
MERCURY IS RELEASED TO OUR AIR AND WATER, INCREASING THE RISK OF
EXPOSURE TO HUMANS AND WILDLIFE THAT EAT CONTAMINATED FISH. THE U.S.
ENVIRONMENTAL PROTECTION AGENCY AND FOOD AND DRUG ADMINISTRATION HAVE
WARNED CHILDREN AND WOMEN OF CHILDBEARING AGE IN ALL 50 STATES NOT TO
EAT SPECIES OF FISH KNOWN TO BE CONTAMINATED WITH MERCURY.

“LOW MERCURY” FLUORESCENT TUBES, OFFERED BY ALL OF THE MAJOR LIGHTING
MANUFACTURERS, ARE RATED BY MANUFACTURERS TO LAST AS LONG AS “FULL

DOSE MERCURY” LAMPS.

IT IS ILLEGAL TO DISPOSE OF MOST END OF LIFE FLUORESCENT AND HID LAMPS
IN THE TRASH.

CONTRACTORS MAY NOT PROMOTE TO FACILITY EMPLOYEES THE DISPOSAL OF
MERCURY-CONTAINING LAMPS AS NON-HAZARDOUS WASTE, EVEN IF THE LAMPS ARE
LEGALLY DESIGNATED AS NON-HAZARDOUS WASTE IN THIS STATE. CONTRACTORS
MUST INSTEAD PROMOTE THE RECYCLING OF ALL MERCURY-CONTAINING LAMPS.

ALL BROKEN MERCURY CONTAINING LAMPS ARE HAZARDOUS WASTE, AND MUST BE
DISPOSED OF PROPERLY.

FOUR-FOOT FLUORESCENT TUBES COME IN TWO POPULAR SIZES, “T12” (12MM
DIAMETER) AND “T8” (8MM DIAMETER). BOTH T12 AND T8 TUBES ARE
AVAILABLE WITH REDUCED MERCURY. T8 TUBES ARE MORE ENERGY EFFICIENT;
HOWEVER THEY WILL ONLY FUNCTION PROPERLY WITH ELECTRONIC BALLASTS.

FLUORESCENT LAMP BALLASTS MANUFACTURED BEFORE 1979 MAY CONTAIN PCBS,
WHICH ALSO ARE EXTREMELY PERSISTENT AND TOXIC TO HUMANS, AND
ACCUMULATE IN THE FOOD CHAIN. WHEN OLD FIXTURES ARE REPLACED,
BALLASTS MUST BE TESTED FOR PCBS OR DISPOSED OF AS HAZARDOUS WASTE.
BALLASTS MANUFACTURED WITHOUT PCBS ARE GENERALLY LABELED ACCORDINGLY.

RECOMMENDATIONS FOR LAMP REQUESTERS:

IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE NEW JERSEY MERCURY
POLLUTION TASK FORCE, A STAKEHOLDER GROUP CONVENED BY THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE PURCHASE BUREAU URGES STATE AGENCIES
AND AGENCIES AND DEPARTMENTS USING THIS CONTRACT UNDER COOPERATIVE
PURCHASING AGREEMENTS TO:

PURCHASE “LOW-MERCURY” FLUORESCENT TUBES, COMPACT FLUORESCENT, AND
HIGH-PRESSURE SODIUM LAMPS AVAILABLE UNDER THIS CONTRACT.

NOTE: BROKEN LAMPS AND PCB CONTAINING BALLASTS, ARE CONSIDERED AS
HAZARDOUS WASTE AND MUST BE DISPOSED OF AS SUCH.

1.1 PURPOSE AND INTENT

THIS REQUEST FOR PROPOSAL (RFP) IS ISSUED BY THE PURCHASE BUREAU,
DIVISION OF PURCHASE AND PROPERTY, DEPARTMENT OF THE TREASURY ON
BEHALF OF VARIOUS USING AGENCIES. THE PURPOSE OF THIS RFP IS TO
SOLICIT PROPOSALS FOR VARIOUS TYPES OF LAMPS, INCANDESCENT, HID, AND
FLUORESCENT, INCLUDING LOW MERCURY LAMPS.

THE INTENT OF THIS RFP IS TO AWARD CONTRACT’S TO THOSE RESPONSIBLE
BIDDERS WHOSE BID PROPOSAL, CONFORMING TO THIS RFP ARE MOST
ADVANTAGEOUS TO THE STATE, PRICE AND OTHER FACTORS CONSIDERED.

THE STATE INTENDS TO EXTEND THE CONTRACTS AWARDED TO THE PURCHASE
BUREAU’S COOPERATIVE PURCHASING PARTNERS. THESE PARTNERS INCLUDE
QUASI-STATE AGENCIES, COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS,
VOLUNTEER FIRE DEPARTMENTS, FIRST AID SQUADS, INDEPENDENT
INSTITUTIONS OF HIGHER LEARNING, COUNTY COLLEGES AND STATE COLLEGES.

1.2 BACKGROUND

THIS IS A REPROCUREMENT OF THE LAMPS, INCANDESCENT, HID, FLUORESCENT,
CONTRACT, PRESENTLY DUE TO EXPIRE ON JUNE 30, 2003. BIDDERS WHO ARE
INTERESTED IN THE CURRENT CONTRACT SPECIFICATIONS AND PRICING
INFORMATION ARE ENCOURAGED TO VISIT THE PURCHASE BUREAU’S “INFOBANK”
SITE ON THE WORLD WIDE WEB. THE APPLICABLE “T” REFERENCE NUMBER FOR
THIS LOOKUP IS T-0192. THE EXACT WEB-SITE ADDRESS IS
HTTP://WWW.STATE.NJ.US/TREASURY/PURCHASE/CONTRACTS.HTM

1.3 KEY EVENTS

1.3.1 QUESTIONS AND INQUIRIES

IT IS THE POLICY OF THE PURCHASE BUREAU TO ACCEPT QUESTIONS AND
INQUIRIES FROM ALL VENDORS. WRITTEN QUESTIONS SHOULD BE
MAILED OR FAXED TO THE PURCHASE BUREAU TO THE ATTENTION OF THE
ASSIGNED PURCHASE BUREAU BUYER AT THE FOLLOWING ADDRESS:

PURCHASE BUREAU
DIVISION OF PURCHASE AND PROPERTY
STATE OF NEW JERSEY
P.O. BOX 230
TRENTON, NEW JERSEY 08625
FAX: 609-292-0490
ATTENTION: SUE WHETSTONE

1.3.1.1 CUT-OFF DATE FOR QUESTIONS AND INQUIRIES

THE CUT-OFF DATE FOR QUESTIONS AND INQUIRIES RELATING TO THIS RFP IS
(10) TEN WORKING DAYS BEFORE BID OPENING DATE. ADDENDUM, IF ANY, TO
THIS RFP WILL BE DISTRIBUTED TO ALL VENDORS SENT THIS RFP.

1.3.1.2 QUESTION PROTOCOL

QUESTIONS SHOULD BE SUBMITTED IN WRITING TO THE ATTENTION OF THE
ASSIGNED PURCHASE BUREAU BUYER. WRITTEN QUESTIONS SHOULD BE DIRECTLY
TIED TO THE RFP BY THE WRITER. QUESTIONS SHOULD BE ASKED IN
CONSECUTIVE ORDER, FROM BEGINNING TO END, FOLLOWING THE ORGANIZATION
OF THE RFP. EACH QUESTION SHOULD BEGIN BY REFERENCING THE RFP PAGE
NUMBER AND SECTION NUMBER TO WHICH IT RELATES.

SHORT PROCEDURAL INQUIRIES MAY BE ACCEPTED BY TELEPHONE BY THE
PURCHASE BUREAU BUYER, HOWEVER, ORAL EXPLANATIONS OR INSTRUCTIONS
GIVEN OVER THE TELEPHONE SHALL NOT BE BINDING ON THE STATE. BIDDERS
SHALL NOT CONTACT THE USING AGENCY DIRECTLY, IN PERSON, OR BY
TELEPHONE, CONCERNING THIS RFP.

1.4 ADDITIONAL INFORMATION

1.4.1 REVISIONS TO THIS RFP

IN THE EVENT IT BECOMES NECESSARY TO CLARIFY OR REVISE THIS RFP, SUCH
CLARIFICATION OR REVISION WILL BE BY ADDENDUM. ANY RFP ADDENDUM WILL
BE SENT TO ALL BIDDERS WHO WERE SENT THIS RFP.

1.4.2 ADDENDUM AS A PART OF THIS RFP

ANY ADDENDUM TO THIS RFP SHALL BECOME PART OF THIS RFP AND PART OF ANY
CONTRACT AWARDED AS A RESULT OF THIS RFP.

1.4.3 ISSUING OFFICE

THIS RFP IS ISSUED BY THE PURCHASE BUREAU, DIVISION OF PURCHASE AND
PROPERTY. THE BUYER NOTED IN SECTION 1.3.1 IS THE SOLE POINT OF
CONTACT BETWEEN THE BIDDER AND THE STATE FOR PURPOSES OF THIS RFP.

1.4.4 BIDDER RESPONSIBILITY

THE BIDDER ASSUMES SOLE RESPONSIBILITY FOR THE COMPLETE EFFORT
REQUIRED IN SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP. NO SPECIAL
CONSIDERATION WILL BE GIVEN AFTER BIDS ARE OPENED BECAUSE OF A
BIDDER’S FAILURE TO BE KNOWLEDGEABLE OF ALL OF THE REQUIREMENTS OF
THIS RFP. BY SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, THE
BIDDER REPRESENTS THAT IT HAS SATISFIED ITSELF, FROM ITS OWN
INVESTIGATION, OF ALL OF THE REQUIREMENTS OF THIS RFP.

1.4.5 COST LIABILITY

THE STATE ASSUMES NO RESPONSIBILITY AND BEARS NO LIABILITY FOR COSTS
INCURRED BY A BIDDER IN THE PREPARATION AND SUBMITTAL OF A PROPOSAL IN
RESPONSE TO THIS RFP.

1.4.6 CONTENTS OF BID PROPOSAL

THE ENTIRE CONTENT OF EVERY PROPOSAL WILL BE PUBLICLY OPENED AND WILL
BECOME A MATTER OF PUBLIC RECORD. THIS IS THE CASE NOTWITHSTANDING
ANY STATEMENT TO THE CONTRARY MADE BY A BIDDER IN ITS PROPOSAL. ALL
BID PROPOSALS, AS PUBLIC RECORDS, ARE AVAILABLE FOR PUBLIC INSPECTION.
INTERESTED PARTIES CAN MAKE AN APPOINTMENT TO INSPECT PROPOSALS
RECEIVED IN RESPONSE TO THIS RFP BY CONTACTING THE PURCHASE BUREAU
BUYER.

1.4.7 PRICE ALTERATION

PRICES MUST BE TYPED OR WRITTEN IN INK. ANY PRICE CHANGE
(INCLUDING “WHITE-OUTS”) MUST BE INITIALED. FAILURE TO INITIAL PRICE
CHANGES SHALL PRECLUDE AN AWARD BEING MADE TO THE BIDDER.

1.4.8 JOINT VENTURE

IF A JOINT VENTURE IS SUBMITTING A BID PROPOSAL, THE AGREEMENT BETWEEN
THE PARTIES RELATING TO SUCH JOINT VENTURE SHOULD BE SUBMITTED WITH
THE JOINT VENTURE’S PROPOSAL. AUTHORIZED SIGNATORIES FROM EACH PARTY
COMPRISING THE JOINT VENTURE MUST SIGN THE BID PROPOSAL. A SEPARATE
OWNERSHIP DISCLOSURE FORM, AFFIRMATIVE ACTION EMPLOYEE INFORMATION
REPORT, MACBRIDE PRINCIPLES CERTIFICATION AND BUSINESS REGISTRATION
MUST BE SUPPLIED BY EACH PARTY TO THE JOINT VENTURE.

1.5 THE BIDDER’S SIGNATURE GUARANTEES THAT PRICES SET FORTH WITHIN
THE MANUFACTURER’S PREPRINTED PRICE LISTS AND/OR CATALOGS WILL GOVERN
FOR THE PERIOD OF THE CONTRACT. THE BIDDER ALSO ACKNOWLEDGES THAT,
NOTWITHSTANDING ANY REFERENCE TO PRICE ESCALATION CLAUSES, FOB
SHIPPING POINT, AND SHIPPING CHARGES CONTAINED IN THE PREPRINTED PRICE
LISTS, CATALOGS, AND/OR LITERATURE, SUCH REFERENCES SHALL NOT BE PART
OF ANY STATE CONTRACT AWARDED AS A RESULT OF THIS RFP.

2.0 DEFINITIONS

2.1 DEFINITIONS

THE FOLLOWING DEFINITIONS SHALL BE PART OF ANY CONTRACT AWARDED OR
ORDER PLACED AS A RESULT OF THIS RFP:

ADDENDUM – WRITTEN CLARIFICATION OR REVISION TO THIS RFP ISSUED BY THE
PURCHASE BUREAU.

AMENDMENT – A CHANGE IN THE SCOPE OF WORK TO BE PERFORMED BY THE
CONTRACTOR. AN AMENDMENT IS NOT EFFECTIVE UNTIL IT IS SIGNED BY THE
DIRECTOR, DIVISION OF PURCHASE AND PROPERTY.

BIDDER – A VENDOR SUBMITTING A BID PROPOSAL IN RESPONSE TO THIS RFP.

CONTRACT – THIS RFP, ANY ADDENDUM TO THIS RFP, AND THE BIDDER’S
PROPOSAL SUBMITTED IN RESPONSE TO THIS RFP AND THE DIVISION’S NOTICE
OF ACCEPTANCE.

CONTRACTOR – THE CONTRACTOR IS THE BIDDER AWARDED A CONTRACT.

DIRECTOR – DIRECTOR, DIVISION OF PURCHASE AND PROPERTY, DEPARTMENT OF
THE TREASURY. BY STATUTORY AUTHORITY, THE DIRECTOR IS THE CHIEF
CONTRACTING OFFICER FOR THE STATE OF NEW JERSEY.

DIVISION – THE DIVISION OF PURCHASE AND PROPERTY.

MAY – DENOTES THAT WHICH IS PERMISSIBLE, BUT NOT MANDATORY.

REQUEST FOR PROPOSAL (RFP) – THIS DOCUMENT, WHICH ESTABLISHES THE
BIDDING AND CONTRACT REQUIREMENTS AND SOLICITS PROPOSALS TO MEET THE
PURCHASE NEEDS OF USING AGENCIES AS IDENTIFIED HEREIN.

SHALL OR MUST – DENOTES THAT WHICH IS A MANDATORY REQUIREMENT.
FAILURE TO MEET A MANDATORY REQUIREMENT WILL RESULT IN THE REJECTION
OF A BID PROPOSAL, AS MATERIALLY NON-RESPONSIVE.

SHOULD – DENOTES THAT WHICH IS RECOMMENDED, BUT NOT MANDATORY.

STATE – STATE OF NEW JERSEY

USING AGENCY OR AGENCIES – THE ENTITY FOR WHICH THE DIVISION HAS
ISSUED THIS RFP.

3.0 COMMODITY DESCRIPTION:

NEW JERSEY SPECIFICATION NO. 2544-00 (EDITED)

3.1 ALL ELECTRIC LAMPS MUST MEET THE LATEST FEDERAL SPECIFICATIONS.

BIDDERS MUST DISCLOSE THE AMOUNT OF MERCURY, IN MILLIGRAMS, FOR EACH
MERCURY-ADDED PRODUCT OFFERED. SPACE IS PROVIDED ON THE PRICING PAGE
FOR MERCURY CONTENT DISCLOSURE. MERCURY ADDED PRODUCTS SHALL BE
DEFINED AS ANY DEVICE TO WHICH ELEMENTAL MERCURY OR MERCURY COMPOUNDS
ARE INTENTIONALLY ADDED.

3.2 LAMP SPECIFICATIONS:

3.2.1 LAMPS, INCANDESCENT, LARGE TUNGSTEN-FILAMENT SHALL MEET THE
REQUIREMENTS OF FEDERAL SPECIFICATIONS IN THE SERIES DESIGNATED BY THE
PREFIX NUMBER W-L-101/ETC., INCLUDING THE LATEST SUPPLEMENTS; SHALL
ALSO CONFORM WITH AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI), INC.,
SPECIFICATIONS NO. C-78. 100- ELECTRIC LAMPS.

3.2.2 LAMPS, FLUORESCENT (INCLUDING SCREW IN TYPE) SHALL MEET
REQUIREMENTS OF FEDERAL SPECIFICATIONS IN THE SERIES BY THE PREFIX
NUMBER W-L-116/ETC., AND THE LATEST SUPPLEMENTS SHALL ALSO CONFORM
WITH AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI), INC.,
SPECIFICATIONS NO. C-78. 100- ELECTRIC LAMPS.

3.2.3 HIGH-INTENSITY DISCHARGE, HID (INCLUDING LOW PRESSURE SODIUM)
MUST MEET FEDERAL SPECIFICATIONS NUMBER W-L-116/ETC. AND THE LATEST
SUPPLEMENTS.

NOTE:

A) COMPLY WITH THE MANUFACTURER’S PUBLISHED TECHNICAL DATA;

B) HAVE BEEN MANUFACTURED IN THE SIX-MONTH PERIOD
IMMEDIATELY PRECEDING DELIVERY; AND SHALL NOT BE EITHER
SECONDS OR REJECTS;

C) SHOW NO EVIDENCE OF POOR WORKMANSHIP;

D) BE DELIVERED IN MANUFACTURER’S STANDARD CARTONS.

E) MEET AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)
SPECIFICATIONS NO. C-78.

3.3 MERCURY VAPOR LAMPS (SPECIAL NOTES)

3.3.1 TO BE CONSIDERED AS LOW MERCURY, THE LAMP MUST PASS THE TOXICITY
CHARACTERISTIC LEACHING PROCEDURE (TCLP) FOR MERCURY. BIDDER(S)
SHOULD PROVIDE CERTIFICATION THAT THE LAMP IS MERCURY TCLP COMPLIANT
WITH IT’S BID PROPOSAL. IF NOT SUBMITTED WITH IT’S BID PROPOSAL,
BIDDER MUST SUBMIT THE SAME WITHIN FIVE-5 DAYS OF EITHER VERBAL OR
WRITTEN NOTIFICATION. FAILURE TO DO SO WILL RESULT IN THE REJECTION
OF YOUR BID PROPOSAL FOR ITEMS REQUIRING TCLP COMPLIANCE.

3.3.2 HIGH-INTENSITY MERCURY VAPOR AND METAL HALIDE LAMPS CAN BE
DANGEROUS IF THEY CONTINUE TO OPERATE WHEN THE OUTER BULB IS BROKEN.
IF BROKEN, INTENSIVE ULTRAVIOLET RADIATION CAN ESCAPE. PERSONS EXPOSED
TO THIS RADIATION MAY SUFFER SKIN BURNS AROUND THE FACE AND SHOULDERS
AND SEVERE EYE IRRITATION.

3.3.3 THE CONTRACTOR SHALL SUPPLY WARNING NOTICES WITH EACH ORDER TO
ALL STATE AGENCIES AND COOPERATIVE PURCHASING PARTICIPANTS WHICH
RECOMMEND THAT IF THE LAMPS ARE TO BE INSTALLED IN OCCUPIED AREAS,
THEY SHOULD EITHER HAVE A SELF-EXTINGUISHING DEVICE OR BE USED IN
TOTALLY ENCLOSED LIGHTING FIXTURES WITH SHIELDS THAT PROTECT THE BULB
FROM DAMAGE AND ABSORB ULTRAVIOLET RADIATION. THE WARNING SHALL ASK
THE USER TO:

(1) CHECK THE LAMP REGULARLY FOR MISSING, BROKEN, OR
PUNCTURED OUTER BULB;

(2) TURN BROKEN LAMPS OFF IMMEDIATELY;

(3) REPLACE BULBS ONLY WHEN LAMPS ARE OFF;

(4) REPORT INCIDENTS OR INJURIES TO THE APPROPRIATE STATE
RADIATION CONTROL AGENCY AND TO THE FEDERAL DRUG
ADMINISTRATION; AND

(5) ADVISE THAT PERSONS EXPOSED TO ULTRAVIOLET RADIATION
FROM A DAMAGED LAMP SHOULD SEE A PHYSICIAN IF SYMPTOMS
OF SKIN BURN OR EYE IRRITATION APPEAR. THESE PERSONS
MAY BE REFERRED TO THE BUREAU OF RADIOLOGICAL HEALTH,
FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH
AND HUMAN SERVICES.

(6) DISPOSE OF BROKEN LAMPS AS HAZARDOUS WASTE.

4.0 PROPOSAL PREPARATION AND SUBMISSION

4.1 GENERAL

THE BIDDER MUST FOLLOW INSTRUCTIONS CONTAINED IN THIS RFP AND ON THE
BID PROPOSAL COVER SHEET IN PREPARING AND SUBMITTING ITS BID PROPOSAL.
THE BIDDER IS ADVISED TO THOROUGHLY READ AND FOLLOW ALL INSTRUCTIONS.

THE FIRST PAGE (FACE) OF THIS RFP SHALL BE SIGNED BY AN AUTHORIZED
REPRESENTATIVE OF THE BIDDER. HOWEVER, IF THE BIDDER IS A LIMITED
PARTNERSHIP, THE FIRST PAGE (FACE) OF THIS RFP MUST BE SIGNED BY A
GENERAL PARTNER; IF THE BIDDER IS A JOINT VENTURE, THE FIRST PAGE
(FACE) OF THIS RFP MUST BE SIGNED BY A PRINCIPAL OF EACH PARTY TO THE
JOINT VENTURE. FAILURE TO COMPLY WILL RESULT IN REJECTION OF THE BID
PROPOSAL.

PRICING AND INFORMATION SHEETS MUST BE COMPLETED IN THEIR ENTIRETY.
FAILURE TO COMPLY WITH THIS REQUIREMENT MAY RESULT IN REJECTION OF THE
BID PROPOSAL.

NO CHANGES OR WHITE OUTS WILL BE PERMITTED ON THE SPECIFICATION SHEETS
UNLESS EACH CHANGE IS INITIALED AND DATED IN INK BY THE BIDDER.

LAMPS, FLUORESCENT, LOW MERCURY, HID MERCURY VAPOR, AND SODIUM
(PRICE LINES 00001 TO 00082)

FOR LAMP(S) WITH MULTIPLE COLORS AND/OR BASE(S) ETC., PLEASE “AVERAGE
OUT” PRICES TO OBTAIN A SINGLE PRICE FOR EACH LAMP.

BIDDER MUST OFFER A SINGLE PRICE PER LAMP ON THE CORRESPONDING PRICE
LINE. DO NOT SUBMIT PRICES FOR “ONE PACKAGE”, “ONE CARTON” OR “ONE
DOZEN” ETC.

IMPORTANT NOTE:

ALL FLUORESCENT LAMPS QUOTED ARE TO BE THE HIGHEST ENERGY EFFICIENT
LAMPS PRODUCED AND AVAILABLE FROM THE MANUFACTURER AT THE TIME OF BID
OPENING.

PLEASE REPORT MERCURY CONCENTRATIONS AS A MANUFACTURING SPECIFICATION.

INCANDESCENT LAMPS, ALL TYPES (PRICE LINE 00083)

BIDDER TO OFFER A SINGLE PERCENTAGE DISCOUNT FROM THE LOWEST PRICE
COLUMN IN THE CURRENT MANUFACTURER’S PRICE LIST. THIS DISCOUNT WILL
APPLY TO ALL INCANDESCENT LAMPS IN THE CATALOG. MULTIPLE DISCOUNTS,
SERIES OR A RANGE OF DISCOUNTS WILL NOT BE CONSIDERED. DO NOT CARRY
OUT DISCOUNTS BEYOND TWO DECIMAL POINTS. ANY BIDDER SUBMITTING A BID
PROPOSAL WITH MARK-UP PRICING WILL BE REJECTED. MARK-UP’S WILL NOT
BE PERMITTED.

4.2 PROPOSAL DELIVERY AND IDENTIFICATION

IN ORDER TO BE CONSIDERED, A PROPOSAL MUST ARRIVE AT THE PURCHASE
BUREAU IN ACCORDANCE WITH THE INSTRUCTIONS ON THE RFP COVER SHEET.
BIDDERS ARE CAUTIONED TO ALLOW ADEQUATE DELIVERY TIME TO ENSURE TIMELY
DELIVERY OF PROPOSALS. STATE REGULATION MANDATES THAT LATE PROPOSALS
ARE INELIGIBLE FOR CONSIDERATION. THE EXTERIOR OF ALL BID PROPOSAL
PACKAGES MUST BE LABELED WITH THE BID PROPOSAL IDENTIFICATION NUMBER,
FINAL BID OPENING DATE AND THE BUYER’S NAME (SEE RFP COVER SHEET).

LIFE CYCLE COSTING:

WHERE MANUFACTURING LITERATURE IS AVAILABLE BIDDERS ARE TO IDENTIFY
LIFE CYCLE COSTING FOR APPLICABLE ECONOMY BULBS. LIFE CYCLE COSTING
WILL BE CONSIDERED TO IDENTIFY OPPORTUNITIES FOR COST SAVING BY USING
AGENCIES.

WHEN AVAILABLE, BIDDER SHOULD SUBMIT LITERATURE STATING COSTS FOR
BALLASTS/CAPACITORS AND ELECTRONIC BALLAST STARTING BULBS SHOWING
PRICE COMPARISONS FOR NON-ELECTRONIC BALLAST STARTING BULBS.

PACKAGING:

STANDARD COMMERCIAL PACKAGING IS ACCEPTABLE UNDER THE TERMS OF
THIS REQUEST FOR PROPOSAL.

IN ALL CASES, PACKAGING SHALL BE STANDARD COMMERCIAL QUALITY.

DELIVERY:

ALL DELIVERIES MUST BE SHIPPED FOB DESTINATION PLATFORM TO ALL
USING AGENCIES AND POLITICAL PARTICIPANTS THROUGHOUT THE STATE WHEN
REQUESTED.

IMPORTANT:

CONTRACTORS MUST BE ABLE TO SERVICE AND DELIVER TO ALL REGIONS OF THE
STATE TO BE CONSIDERED RESPONSIVE. (SEE PAGE FIVE (5) SECTION 3.14 OF
THE STANDARD TERMS & CONDITIONS LOCATED AT THE BEGINNING OF THIS RFP).

THE CONTRACTOR SHALL ASSUME ALL LIABILITY FOR LOSS OR DAMAGE TO THE
COMMODITY UNTIL IT IS IN THE CARE, CUSTODY AND CONTROL OF THE
STATE/POLITICAL PARTICIPANT. THE CARE, CUSTODY AND CONTROL SHALL
MEAN, WHEN THE COMMODITY IS DELIVERED TO THE STATE AGENCY/POLITICAL
PARTICIPANT AND A DELIVERY RECEIPT IS SIGNED BY A RESPONSIBLE EMPLOYEE
OF THE SAID AGENCY.

STATE DISTRIBUTION CENTER (DSS)

AT TIMES THE STATE MAY PURCHASE BULK QUANTITIES OF LAMPS FOR STORAGE
AT THE STATE DISTRIBUTION CENTER. BELOW ARE INSTRUCTIONS FOR
DELIVERIES AT THIS FACILITY:

ADDRESS: STATE OF NEW JERSEY PURCHASE BUREAU
DISTRIBUTION CENTER, 1620 STUYVESANT
AVENUE, TRENTON, N.J. 08628

A. ALL TRUCK DELIVERIES MUST BE TRANSFERRED TO DISTRIBUTION CENTER
PALLETS BY CARRIER. NO EXCEPTIONS.

B. POSITIVELY NO DELIVERIES AFTER 3:00 P.M.

C. ITEMIZED PACKAGING LIST TO ACCOMPANY ALL SHIPMENTS.

D. MAXIMUM HEIGHT INCLUDING PALLET – MUST NOT EXCEED 48″.

E. MAXIMUM WEIGHT PER PALLET SHALL NOT EXCEED 3,000 LBS. PER PALLET,
PALLET SIZE: 48″ X 40″

DELIVERIES MUST BE MADE TO THE DISTRIBUTION CENTER DURING THE HOURS
DESIGNATED TO RECEIVE DELIVERY, AND WITHIN 15 DAYS FROM THE DATE OF
RECEIPT OF THE PURCHASE ORDER FROM THE USING AGENCY UNLESS OTHERWISE
SPECIFIED ON THE PURCHASE ORDER. IF THE CONTRACTOR FORESEES, DUE TO
AN ACT OF GOD OR OTHER EVENT, THAT A DELIVERY CANNOT BE MADE, THE
CONTRACTOR SHALL IMMEDIATELY CONTACT THE REQUESTING AGENCY ACCORDINGLY
AND GIVE THE SAID AGENCY THE EARLIEST POSSIBLE DELIVERY DATE AND MAKE
SUCH DELIVERY FORTHWITH.

EMERGENCY DELIVERY:

IN ADDITION TO THE ABOVE REGULAR DELIVERY REQUIREMENT, IT IS
RECOGNIZED THAT THE USING AGENCIES MAY HAVE EMERGENCIES REQUIRING
IMMEDIATE DELIVERY. IT IS THEREFORE EXPECTED THAT CONTRACTORS WILL BE
ABLE TO RENDER FORTY-EIGHT (48) HOUR EMERGENCY DELIVERY SERVICE IF
REQUIRED BY THE USING AGENCY.

IF THE CONTRACTOR FAILS TO COMPLY WITH THE CONDITIONS HERETO AND AS
COVERED IN THIS RFP, THE DIRECTOR SHALL NOTIFY THE CONTRACTOR OF
SUCH FAILURE OR DEFAULT AND DEMAND THAT IT BE REMEDIED WITHIN FIVE (5)
DAYS. IN THE EVENT THE CONTRACTOR FAILS TO REMEDY THE SAME WITHIN THE
STIPULATED PERIOD, THE DIRECTOR, WILL AUTHORIZE THE AGENCY TO PROCURE
THEIR REQUIREMENTS FROM OTHER SOURCES AND REQUIRE THE CONTRACTOR
TO REIMBURSE THE STATE FOR ALL COSTS AND PRICE DIFFERENCE PAID BY
THE AGENCY.

QUALITY OF PRODUCT:

THE LAMPS COVERED IN THESE PROVISIONS SHALL BE GUARANTEED TO MEET RFP
REQUIREMENTS AND SHALL BE FREE FROM DEFECTS IN MATERIALS AND
WORKMANSHIP. LAMPS FOUND TO BE DEFECTIVE WILL BE EXCHANGED ON A
ONE-FOR-ONE BASIS BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE STATE
WITHIN FIVE (5) DAYS OF EITHER VERBAL OR WRITTEN NOTIFICATION.

QUANTITIES:

THE STATE RESERVES THE RIGHT TO ORDER ANY QUANTITY NECESSARY TO MEET
THE STATE USING AGENCY’S REQUIREMENTS. THE STATE WILL NOT BE BOUND BY
ANY MINIMUM OR MAXIMUM ORDER QUANTITIES WITH THE EXCEPTION THAT A
MINIMUM ORDER OF $150.00 F.O.B. MUST BE PLACED AT ONE TIME.

4.3 NUMBER OF BID PROPOSAL COPIES

EACH BIDDER MUST SUBMIT ONE (1) COMPLETE ORIGINAL BID PROPOSAL,
CLEARLY MARKED AS THE “ORIGINAL” BID PROPOSAL. EACH BIDDER SHOULD
SUBMIT ONE (1) FULL, COMPLETE AND EXACT COPY OF THE ORIGINAL. THE
COPY REQUESTED IS NECESSARY IN THE EVALUATION OF THE BID PROPOSAL.
BIDDERS FAILING TO PROVIDE THE REQUESTED NUMBER OF COPIES WILL BE
CHARGED THE COST INCURRED BY THE STATE IN PRODUCING THE REQUESTED
NUMBER OF COPIES. IT IS SUGGESTED THAT THE BIDDER MAKE AND RETAIN A
COPY OF ITS BID PROPOSAL.

4.4 PROPOSAL CONTENT

4.4.1 SECTION 1 – FORMS

4.4.1.1 OWNERSHIP DISCLOSURE FORM

IN THE EVENT THE BIDDER IS A CORPORATION OR PARTNERSHIP, THE BIDDER
MUST COMPLETE THE ATTACHED OWNERSHIP DISCLOSURE FORM. A COMPLETED
OWNERSHIP DISCLOSURE FORM MUST BE RECEIVED PRIOR TO OR ACCOMPANYING
THE BID PROPOSAL. FAILURE TO DO SO WILL PRECLUDE THE AWARD OF THE
CONTRACT.

4.4.1.2 MACBRIDE PRINCIPLES CERTIFICATION

THE BIDDER MUST COMPLETE THE ATTACHED MACBRIDE PRINCIPLES
CERTIFICATION EVIDENCING COMPLIANCE WITH THE MACBRIDE PRINCIPLES.
FAILURE TO DO SO MAY RESULT IN THE AWARD OF THE CONTRACT TO ANOTHER
BIDDER.

4.4.1.3 AFFIRMATIVE ACTION

THE BIDDER MUST COMPLETE THE ATTACHED AFFIRMATIVE ACTION EMPLOYEE
INFORMATION REPORT, OR, IN THE ALTERNATIVE, SUPPLY EITHER A NEW JERSEY
AFFIRMATIVE ACTION CERTIFICATE OR EVIDENCE THAT THE BIDDER IS
OPERATING UNDER A FEDERALLY APPROVED OR SANCTIONED AFFIRMATIVE ACTION
PROGRAM. THE REQUIREMENT IS A PRECONDITION TO ENTERING INTO A STATE
CONTRACT.

4.4.2 SUBMITTALS

4.4.2.2 BIDDER DATA SHEET

THE BIDDER MUST PROVIDE ALL OF THE INFORMATION REQUESTED. THE BIDDER
MAY PROVIDE ITS RESPONSE ON A SEPARATE ATTACHMENT BUT SHOULD CLEARLY
NOTE HERE THAT IT IS DOING SO:

______________________________________________________________________

1. NAME OF INDIVIDUAL THAT MAY BE CONTACTED AT ALL TIMES IF
INFORMATION, SERVICE, OR PROBLEM SOLVING IS REQUIRED BY THE USING
AGENCY. THIS SERVICE SHALL BE AVAILABLE AT NO ADDITIONAL CHARGE.

(PLEASE PRINT OR TYPE)

NAME:_____________________________________________________________

ADDRESS:__________________________________________________________

CITY, STATE:______________________________________________________

TELEPHONE NUMBER:________________ FAX NUMBER:___________________

2. YEARS OF THIS INDIVIDUAL’S EXPERIENCE IN SERVICING SIMILAR
ACCOUNTS:_____________

3. IDENTIFY THE SIMILAR ACCOUNTS THIS INDIVIDUAL HAS SERVICED:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

4.4.3 COST PROPOSAL

THE BIDDER MUST SUBMIT ITS PRICING USING THE STATE SUPPLIED PRICE
SHEET(S) ATTACHED TO THIS RFP. FAILURE TO SUBMIT ALL INFORMATION
REQUIRED WILL RESULT IN THE BID PROPOSAL BEING CONSIDERED NON-
RESPONSIVE. EACH BIDDER IS REQUIRED TO HOLD ITS PRICES FIRM THROUGH
THE ISSUANCE OF CONTRACT.

5.0 CONTRACTUAL TERMS AND CONDITIONS

5.1 PRECEDENCE OF CONTRACTUAL TERMS AND CONDITIONS

THE CONTRACT AWARDED AS A RESULT OF THIS RFP SHALL CONSIST OF THIS
RFP, ADDENDUM TO THIS RFP, THE CONTRACTOR’S BID PROPOSAL AND THE
DIVISION’S NOTICE OF AWARD.

UNLESS SPECIFICALLY STATED WITHIN THIS RFP, THE CONTRACTUAL TERMS AND
CONDITIONS OF THE RFP TAKE PRECEDENCE OVER THE STANDARD TERMS AND
CONDITIONS OF THE RFP.

IN THE EVENT OF A CONFLICT BETWEEN THE PROVISIONS OF THIS RFP,
INCLUDING THE CONTRACTUAL TERMS AND CONDITIONS AND THE STANDARD TERMS
AND CONDITIONS, AND ANY ADDENDUM TO THIS RFP, THE ADDENDUM SHALL
GOVERN.

IN THE EVENT OF A CONFLICT BETWEEN THE PROVISIONS OF THIS RFP,
INCLUDING ANY ADDENDUM TO THIS RFP, AND THE BIDDER’S PROPOSAL, THE RFP
AND/OR THE ADDENDUM SHALL GOVERN.

5.2 BUSINESS REGISTRATION – SEE STANDARD TERMS AND CONDITIONS,
SECTION 1.1

5.3 CONTRACT TERM AND EXTENSION OPTION

THE TERM OF THE CONTRACT SHALL BE FOR A PERIOD OF (2) YEARS. THE
ANTICIPATED “CONTRACT EFFECTIVE DATE” IS PROVIDED ON THE COVER SHEET
OF THIS RFP. IF DELAYS IN THE BID PROCESS RESULT IN AN ADJUSTMENT OF
THE ANTICIPATED CONTRACT EFFECTIVE DATE, THE BIDDER AGREES TO ACCEPT A
CONTRACT FOR THE FULL TERM OF THE CONTRACT. THE CONTRACT MAY BE
EXTENDED FOR TWO (2) ADDITIONAL (1) ONE YEAR PERIODS BY MUTUAL WRITTEN
CONSENT OF THE CONTRACTOR AND THE DIRECTOR. PURCHASE ORDERS MAY BE
PLACED AGAINST THE CONTRACT UP TO AND INCLUDING THE END OF BUSINESS ON
THE LAST DAY OF THE CONTRACT, FOR DELIVERY NO MORE THAN 45 DAYS AFTER
THE CONTRACT EXPIRATION.

5.4 CONTRACT TRANSITION

IN THE EVENT THAT A NEW CONTRACT HAS NOT BEEN AWARDED PRIOR TO THE
CONTRACT EXPIRATION DATE, AS MAY BE EXTENDED HEREIN, IT SHALL BE
INCUMBENT UPON THE CONTRACTOR TO CONTINUE THE CONTRACT UNDER THE SAME
TERMS AND CONDITIONS UNTIL A NEW CONTRACT CAN BE COMPLETELY
OPERATIONAL. AT NO TIME SHALL THIS TRANSITION PERIOD EXTEND MORE THAN
(120) ONE-HUNDRED TWENTY DAYS BEYOND THE EXPIRATION DATE OF THE
CONTRACT, OR EXTENSION THEREOF.

5.5 AVAILABILITY OF FUNDS

THE STATE’S OBLIGATION TO PAY THE CONTRACTOR IS CONTINGENT UPON THE
AVAILABILITY OF APPROPRIATED FUNDS FROM WHICH PAYMENT FOR CONTRACT
PURPOSES CAN BE MADE. NO LEGAL LIABILITY ON THE PART OF THE STATE FOR
PAYMENT OF ANY MONEY SHALL ARISE UNLESS FUNDS ARE MADE AVAILABLE EACH
FISCAL YEAR TO THE USING AGENCIES BY THE LEGISLATURE.

5.6 CONTRACT AMENDMENT

ANY CHANGES OR MODIFICATIONS TO THE TERMS OF THE CONTRACT SHALL ONLY
BE VALID WHEN THEY HAVE BEEN REDUCED TO WRITING AND SIGNED BY THE
CONTRACTOR AND THE DIRECTOR.

5.7 PROCEDURAL REQUIREMENTS AND AMENDMENTS

5.7.1 THE CONTRACTOR SHALL COMPLY WITH PROCEDURAL INSTRUCTIONS THAT
MAY BE ISSUED FROM TIME TO TIME BY THE DIRECTOR.

5.7.2 DURING THE PERIOD OF THE CONTRACT, NO CHANGE IN THE CONTRACT
SPECIFICATIONS IS PERMITTED UNLESS APPROVED IN WRITING BY THE
DIRECTOR.

5.7.3 THE STATE RESERVES THE RIGHT TO BID INDIVIDUAL REQUIREMENTS
THAT ARE THE SUBJECT OF THE CONTRACT WHEN DEEMED IN THE STATE’S BEST
INTEREST.

5.8 ITEMS ORDERED AND DELIVERED

THE USING AGENCIES ARE AUTHORIZED TO ORDER AND THE CONTRACTORS ARE
AUTHORIZED TO SHIP ONLY THOSE ITEMS COVERED BY THE CONTRACT. IF A
REVIEW OF ORDERS PLACED BY AN AGENCY REVEALS THAT MATERIAL OTHER THAN
THAT COVERED BY THE CONTRACT HAS BEEN ORDERED AND DELIVERED, SUCH
DELIVERY MAY BE CONSIDERED VIOLATION OF THE TERMS OF THE CONTRACT AND
MAY BE CONSIDERED BY THE DIRECTOR IN THE TERMINATION OF THE CONTRACT
OR IN THE AWARD OF ANY SUBSEQUENT CONTRACT. THE DIRECTOR MAY TAKE SUCH
STEPS AS ARE NECESSARY TO HAVE THE ITEMS RETURNED BY THE AGENCY,
REGARDLESS OF THE TIME BETWEEN THE DATE OF DELIVERY AND DISCOVERY OF
THE VIOLATION. IN SUCH EVENT, THE CONTRACTOR SHALL REIMBURSE THE
STATE THE FULL PURCHASE PRICE.

THE CONTRACT INVOLVES ITEMS WHICH ARE NECESSARY FOR THE CONTINUATION
OF ONGOING CRITICAL STATE SERVICES. ANY DELAY IN DELIVERY OF THESE
ITEMS WOULD DISRUPT STATE SERVICES AND WOULD FORCE THE STATE TO
IMMEDIATELY SEEK ALTERNATIVE SOURCES OF SUPPLY ON AN EMERGENCY BASIS.
TIMELY DELIVERY IS CRITICAL TO MEETING THE STATE’S ONGOING NEEDS.

5.10 REMEDIES FOR NON-PERFORMANCE

IN THE EVENT THAT THE CONTRACTOR FAILS TO COMPLY WITH ANY MATERIAL
CONTRACT REQUIREMENTS, THE DIRECTOR MAY TAKE STEPS TO TERMINATE THE
CONTRACT IN ACCORDANCE WITH THE STATE ADMINISTRATIVE CODE. IN THIS
EVENT, THE DIRECTOR MAY AUTHORIZE THE DELIVERY OF CONTRACT ITEMS BY
ANY AVAILABLE MEANS, WITH THE DIFFERENCE BETWEEN THE PRICE PAID AND
THE DEFAULTING CONTRACTOR’S PRICE EITHER BEING DEDUCTED FROM ANY
MONIES DUE THE DEFAULTING CONTRACTOR OR BEING AN OBLIGATION OWED THE
STATE BY THE CONTRACTOR.

5.11 ALL PRODUCTS MUST CONFORM IN EVERY RESPECT TO THE STANDARDS AND
REGULATIONS ESTABLISHED BY FEDERAL AND NEW JERSEY STATE LAWS.

5.12 ALL PRODUCTS SHALL BE MANUFACTURED AND PACKAGED UNDER MODERN
SANITARY CONDITIONS IN ACCORDANCE WITH GOOD COMMERCIAL PRACTICE.

5.13 CONTRACT ACTIVITY REPORT

IN CONJUNCTION WITH THE STANDARD RECORD KEEPING REQUIREMENTS OF THIS
CONTRACT, AS LISTED IN PARAGRAPH 3.19 OF THIS RFP’S STANDARD TERMS AND
CONDITIONS, THE CONTRACTOR MUST PROVIDE, ON A CALENDAR QUARTER BASIS,
TO THE PURCHASE BUREAU BUYER ASSIGNED, A RECORD OF ALL PURCHASES MADE
UNDER IT’S CONTRACT. THIS INFORMATION MUST BE PROVIDED IN A TABULAR
FORMAT SUCH THAT AN ANALYSIS CAN BE MADE TO DETERMINE THE FOLLOWING:

-CONTRACTOR’S TOTAL SALES VOLUME UNDER CONTRACT, SUBTOTALED BY
PRODUCT.

SUBMISSION OF PURCHASE ORDERS, CONFIRMATIONS, AND/OR INVOICES DO NOT
FULFILL THIS CONTRACT REQUIREMENT.

CONTRACTORS ARE ENCOURAGED TO SUBMIT THE REQUIRED INFORMATION IN
ELECTRONIC SPREADSHEET FORMAT. THE PURCHASE BUREAU USES MICROSOFT
EXCEL.

FAILURE TO SUBMIT THESE MANDATED REPORTS WILL BE A FACTOR IN FUTURE
AWARD DECISIONS.

6.0 PROPOSAL EVALUATION AND CONTRACT AWARD

6.1 FOR A PRODUCT BID THAT HAS BEEN DETERMINED TO BE IN COMPLIANCE
WITH THE RFP SPECIFICATION, THE CONTRACT SHALL BE AWARDED ON THE BASIS
OF THE FOLLOWING CRITERIA, NOT NECESSARILY LISTED IN THE ORDER OF
IMPORTANCE:

6.1.1 PRICE

6.1.2 EXPERIENCE OF THE BIDDER

6.1.3 THE BIDDER’S PAST PERFORMANCE UNDER SIMILAR CONTRACTS,
INCLUDING IF APPLICABLE, THE STATE USER ADVOCATE FILE.

6.2 AWARD FOR PRICE LINES 00001-00082:

LINE ITEM AWARDS WILL BE MADE FOR ITEMS 00001 THROUGH 00082 OF THE
RFP WITH REASONABLE PROMPTNESS BY WRITTEN NOTICE TO THOSE RESPONSIBLE
BIDDERS WHOSE BID PROPOSAL, CONFORMING TO THE INVITATION FOR BIDS,
WILL BE MOST ADVANTAGEOUS TO THE STATE, PRICE, AND OTHER FACTORS
CONSIDERED. ANY OR ALL BID PROPOSALS MAY BE REJECTED WHEN THE STATE
TREASURER OR THE DIRECTOR DETERMINES THAT IT IS IN THE PUBLIC INTEREST
SO TO DO.

6.3 AWARD FOR PRICE LINE 00083

ONE AWARD WILL BE MADE FOR THE ENTIRE CATEGORY OF INCANDESCENT LAMPS
IN THE RFP WITH REASONABLE PROMPTNESS BY WRITTEN NOTICE TO THAT
RESPONSIBLE BIDDER WHOSE BID PROPOSAL, CONFORMING TO THE INVITATION
FOR BIDS, WILL BE MOST ADVANTAGEOUS TO THE STATE, PRICE, AND OTHER
FACTORS CONSIDERED. ANY OR ALL BID PROPOSALS MAY BE REJECTED WHEN THE
STATE TREASURER OR THE DIRECTOR DETERMINES THAT IT IS IN THE PUBLIC
INTEREST SO TO DO.

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