New Jersey LFN 2012-10 Packet Check List New Jersey LFN 2012-10 Packet Page 1 New Jersey LFN 2012-10...

GameTime New Jersey LFN 2012-10 Packet

New Jersey LFN 2012-10 Packet Check List

√ Contract Documents Screenshot

√ Page from solicitation that indicates Lead Agency and issuance of solicitation on behalf of themselves, U.S. Communities and agencies nationally

√ New Jersey Business Registration Certificate for the contractor and any subcontractors (i.e., copy of certificate)

√ Statement of Corporate Ownership (an original form prepared for the contracting agency awarding the contract)

√ Public Contract EEO Compliance (Employee Information Report form or proof of participation in a federally approved affirmative action program

√ Non-collusion affidavit

√ Soft or Hard cost savings benchmark

√ Solicitation Posting Documents

√ Award and Evaluation Criteria from solicitation

√ Bid opening and late submission policy from solicitation

√ Notice of Intent to Award---Sample

New Jersey LFN 2012-10 Packet National cooperative contract standards: The following three requirements make a contract part of a national cooperative: a. The national cooperative contract must have been awarded through a “competitive bidding process” that complies with the laws covering the issuing entity. In this context, a


“competitive bidding process” requires open competition, or competition among those qualified or pre-qualified, submission of bids, and awarded pursuant to a “lowest responsible”, “most advantageous to the public entity, price and other factors considered”, or other similar standard employed by a public entity. This excludes contract awards based on unadvertised, “invitation only,” negotiated, local preference, or sole source procurement practices. b. The contract being awarded pursuant to the national cooperative model must have been

awarded by a contracting unit as defined in c. 139, and cannot have been awarded by a non-profit or private organization, even if a member of the cooperative. Stated differently, Chapter 139 only permits contracting units to access national cooperative contracts that were solicited by another “contracting unit” as defined by the statute.

c. The original bid must have been advertised as a national cooperative contract (or a regional

contract that includes New Jersey in its region) – not as a strictly local contract that is made “national” or “regional” after the receipt of bids. This is required so that vendors that bid on these contracts know the scope of government agencies outside of the issuing agency that could potentially use the contract. Such information can affect pricing and the range of bidders.

Pages 3 & 4 DCA LFN 2012-10


1. PAGE FROM RFP INDICATING THE LEAD AGENY AND ISSUANCE OF

SOLICIATION ON BEHALF OF U.S. COMMUNITIES AND AGENCIES NATIONALLY


Documentation requirements: The contracting unit must verify that vendors on a national cooperative contract comply with applicable New Jersey procurement documentation requirements. For example, vendors will need to comply with the following New Jersey laws by


submitting the required forms to the New Jersey contracting unit as if the contract was originally awarded by that contracting unit: i. New Jersey Business Registration Certificate for the contractor and any sub-contractors (i.e.,

copy of certificate) ii. Statement of Corporate Ownership (an original form prepared for the contracting agency

awarding the contract) iii. Public Contract EEO Compliance (Employee Information Report form or proof of

participation in a federally approved affirmative action program) iv. A non-collusion affidavit (only if required by a local unit) Page 4, DCA LFN 2012-10

1. VENDOR DOCUMENTS a. New Jersey Business Registration Certificate

b. Statement of Corporate Ownership

See Attachment A


c. Disclosure of Investigations And Other Actions Involving Bidder

See Attachment B

d. Disclosure of Investment Activities In Iran

See Attachment C

e. Public Contract EEO Compliance

See Attachment D

2. THE NON-COLLUSION AFFIDAVIT Excerpt from RFP#269-2010-183, Section 1, General Terms and Conditions, Page 5

…Nonetheless, the statute still requires “cost savings” be demonstrated in some fashion. Suggested methods of demonstrating cost-savings include. i. Comparing current State contract pricing, available to other government entities, to that of the proposed national cooperative. ii. Comparing pricing for comparable goods or services under the contracting unit’s current contracts or contracts available to it (i.e., New Jersey government based cooperative purchasing programs) to that of the proposed national cooperative.. iii. Comparing recently procured comparable contracts entered by other public entities to that of the proposed national cooperative. Other factors that should be considered as part of the analysis of whether there is a cost-savings. iv. The ability to avoid the cost and time of a separate procurement v. Lower minimum purchase requirements at a lower price that allows for the public entity to

purchase the needed quantities and avoid storage costs. vi. Additional costs which have been factored in before contract award, such as:


a. Administrative cost factors required to participate in the cooperative agreement b. Shipping costs, if any c. Vendor rebates Page 5, DCA LFN 2012-10

1. HARD COST SAVINGS BENCHMARK COMPARISON a. MARTURANO RECREATION CO. NEW JERSEY STATE CONTRACT

81411 VS. GAMETIME U.S. COMMUNITIES CONTRACT 110179


…“Fair and open process" means, at a minimum, that the contract shall be: i. Publicly advertised in newspapers or on the Internet website maintained by the public entity

in sufficient time to give notice in advance of the contract; ii. Awarded under a process that provides for public solicitation of proposals or qualifications; iii. Awarded and disclosed under criteria established in writing by the public entity prior to the

solicitation of proposals or qualifications; and iv. Publicly opened and announced when awarded. The above criteria can be verified and demonstrated therefore the following requirements are not needed…


…In most cases this standard would be met by obtaining information from the issuing agency or national cooperative administrator about the bidding process that was used. If the bidding process did not meet the above definition of a “fair and open” process, the vendor would have to submit a Business Entity Disclosure Certificate (BED-C) and Political Contribution Disclosure (PCD) form to the contracting unit as required by pay-to-pay laws. Page 6, DCA LFN 2012-10

1. PUBLIC POSTINGS SOLICITING PROPOSALS TO RFP 269-2010-183

See Attachment G

2. SOLICIATION CRITERIA FOR AWARD AND EVALUATION OF RFP 2692010-183 PROPOSALS

See Attachment H, Section 3, Solicitation Process and Instructions, Item 3.11 Evaluation of Proposals See Attachment I, Playground Equipment Contracts, RFP #269-2010-183 Solicitation and Evaluation Summary


3. SOLICITATION OPENING AND LATE POLICY FOR RFP 269-2010-183 PROPOSALS

See Attachment J, Section 3, Solicitation Process and Instructions, Item 3.3 How to Submit Proposal Responses

…There is no need for such notices when a contracting unit joins or uses another authorized New Jersey cooperative contract. The advised notice practices include the contracting unit providing notice of its intent “Notice of Intent to Award a Contract under a National Cooperative Purchasing Agreement”: i. Name of the entity that awarded the contract ii. Title of contract (description of the contract, i.e., office supplies) iii. A web link to where the contract can be viewed online iv. Length of contract (must be consistent with length of public contracts law regulating the contracting unit) v. A statement naming the vendor to whom the contracting unit intends to award the contract vi. A statement of the authority under which the contract is being awarded; generally this will be N.J.S.A. 52:34-6.2(b)(3) vii. A notice of when the comment period ends Page s 7 DCA LFN 2012-10

1. TEMPLATE FOR AGENCY “NOTICE OF INTENT TO AWARD CONTRACT” NOTICE - POST FOR 10 DAYS

ATTACHMENT F GameTime Division PlayCore Wisconsin, Inc. 150 PlayCore Drive, S.E. Fort Payne, Alabama 35967 Telephone: 256/845-5610 Facsimile: 256/845-9361

U.S. COMMUNITIES CONTRACT 110179

2013 PRICING SCHEDULES

Pricing Schedules:

1. GameTime 2013 U.S. Communities Contract Net Price List 1301

2. GameTime 2013 U.S. Communities Installation charges

3. GTImpax U.S. Communities Contract Net Price Lists

4. Snug U.S. Communities 2013 Pricing Schedule

a. Equipment (including components): 24% (see Quantity Discounts below) Freestanding Events: 16% Snug & EarlyPlay Childhood Play Equipment: 6% PlayWorx GFRC ThemeScapes: 6%

b. Surfacing: 18% c. Site Furnishings: 6% d. Related Products: 6%

Fitness and Sports 9% System Special Products 9%

Park Furnishings & Special Accessories 3%

5. EarlyPlay U.S. Communities 2013 Pricing Schedule

6. UltraShade U.S. Communities 2013 Pricing Schedule

7. UltraShelter U.S. Communities 2013 Pricing Schedule

8. UltraSite U.S. Communities 2013 Pricing Schedule

9. Discovery Centers U.S. Communities 2013 Pricing Schedule

10. BarkPark U.S. Communities 2013 Pricing Schedule

11. GT Grandstands U.S. Communities 2013 Pricing Schedule

12. UPlay U.S. Communities 2013 Pricing Schedule

13. NRS 2013 Pricing Schedule

14. Everlast U.S. Communities 2013 Pricing Schedule

15. Spectrum Aquatics U.S. Communities 2013 Pricing Schedule

16. GTH20 U.S. Communities 2013 Pricing Schedule

17. Colorado Timing Systems MultiSport & Dolphin 2013 Pricing Schedules

Product Discounts:

UltraSite 6%

1/1/2013 CONTRACT 110179 Page 1

DISCOUNT SCHEDULES AND TERMS OF SALE

UPlay and Discovery Centers 6% GTShade Structures and Shelters 4% GTH20 Spray Grounds 3% GTNets Climbing Nets 3% Everlast Indoor Climbing Walls 10% NatureROCKS Climbing Boulders 5% Shelters 4% BarkPark 20% Bleachers 6% Grandstands 6% Scoreboards 5% Swimming Timing Systems 5%

e. Services All Services Net Pricing Playground Equipment Installation Safety Surfacing Installation Sitework Services Community Build Supervision Design Services Maintenance and Repairs CPSI Initial Playground Safety Audit CPSI Low-Frequency Playground Safety Inspection CPSI Maintenance and Inspection Training (Quotations on a case-by-case basis)

TERMS OF SALE Volume Discounts

Volume single purchases of composite play systems at U.S. Communities net pricing shall be eligible for an additional discount of 5% for orders totaling from $50,000 to $75,000; 10% from $75,000 to $100,000 and 15% for orders exceeding $100,000.

Cash With Order Discount Orders for playground equipment paid for at the time of placement are entitled to a 3% cashwith-order discount.

Installation Fees See GameTime U.S. Communities Discounts and Installation charges

Shipping and Delivery – Shipping Program Shipments shall be f.o.b. destination with freight charges prepaid and listed separately.

CONTRACT 110179 Page 2 Search For Open Solicitations Page 1 of 1

ATTACHMENT G

https://www.ips.state.nc.us/ips/OpenBidSearch.aspx 3/22/2010

U.S. Communities™ | Current Solicitations Page 1 of 2

http://www.uscommunities.org/whatsNew/rfp.aspx 3/22/2010

ATTACHMENT H Section 3

Solicitation Process and Instructions

3.10 Multiple Awards Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing Master Agreements fulfill current and future requirements of the diverse and large number of Participating Public Agencies.

Charlotte-Mecklenburg reserves the right to award a separate Charlotte-Mecklenburg only contract(s) to same or different supplier(s) awarded national Master Agreements through US Communities as deemed necessary to comply with relevant statutes, ordinances, rules and regulations that govern its procurement practices and meet the needs of Charlotte-Mecklenburg Park and Recreation.

3.11 Evaluation of Proposals Charlotte-Mecklenburg will evaluate Proposals in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices.

U.S. Communities Advisory Board members will assist the Lead Public Agency in evaluating proposals. The Supplier(s) that respond(s) affirmatively meets the minimum qualifications and offers the lowest priced Proposal will be eligible for a contract award. U.S. Communities reserves the right to make available or not make available Master Agreements awarded by a Lead Public Agency to Participating Public Agencies.

To be deemed responsive, it is important for the Supplier to provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the performance provisions outlined in this RFP. The Supplier’s proposal will be the primary source of information used in the evaluation process. Failure of any Supplier to submit information requested may result in the elimination of the Proposal from further evaluation.

Charlotte-Mecklenburg reserves the right to require Supplier interviews as determined necessary.

The Evaluation Team alone will determine the responsible Supplier(s) whose proposal is most advantageous to the Lead Public Agency and potential Participating Public Agencies, based on the following criteria:

A. Compliance with the terms and conditions of the RFP; B. Ability to meet the performance requirements of this RFP; C. Experience, Background, Qualifications, Capability, Marketing, (including past performances,

administration, management capabilities); D. Products and services offerings; E. Proposed Playgrounds per Section 5.15.4 – taking into consideration design, quality, durability,

play value, and price; F. Pricing/discount/rebate schedules; G. Cost effectiveness and Value; H. Financial Qualifications; I. Company Environmental Initiatives; J. MWBE, and other factors specified in this Request for Proposals; and

K. References

The Suppliers submitting the best solutions and most competitive proposals may be invited for an interview and presentation.

RFP #269-2010-183 -25-

Section 3 Solicitation Process and Instructions

Charlotte-Mecklenburg reserves the right to accept any item or group of items on a multi-item proposal. In addition, the Lead Public Agency reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the requirements as to quantity, quality, delivery, service or other factors deemed by Charlotte-Mecklenburg to be pertinent to the purchase in question.

3.12 Contract Award As soon as practical after receiving and evaluating the Proposals, a recommendation for contract(s) award will be submitted to the Board of County Commissioners (BOCC) for final approval. If approved by BOCC, the Procurement Services Division will provide Contract documents to the Vendor. In the event BOCC approval is not received within one hundred twenty (120) calendar days after opening of the Bids, the vendor may request that it be released from the Bid.

3.13 Contract Term The contract term shall be for a period of five (5) years from the effective date of September 17, 2010. The Lead Public Agency at its option may extend the contract for two (2) additional oneyear extensions if the Company and the Lead Public Agency mutually agree upon extensions and terms and conditions.

RFP #269-2010-183 -26-

ATTACHMENT I

PLAYGROUND EQUIPMENT CONTRACTS RFP # 269-2010-183 Solicitation and Evaluation Summary Background

On March 19, 2010, Charlotte-Mecklenburg Procurement Services issued a Request for Proposals (RFP) from interested organizations to provide Playground Equipment, Surfacing, Site Furnishings, Related Products and Services to satisfactorily support the Charlotte-Mecklenburg Park and Recreation Department, and other public agencies supported under this contract. Charlotte-Mecklenburg served as Lead Public Agency on behalf of the U.S. Communities Government Purchasing Alliance through a public agency clause, which provides that any county, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), state, other government agency or nonprofit organization may purchase Products and Services through this contract.

Solicitation Process 1. Request for Proposals (RFP) #269-2010-183 was issued in accordance with NC State Statutes (G.S.

143-129) on March 19, 2010.

2. We advertised the solicitation in the Charlotte Observer and posted on the NC Interactive Purchasing System website at: www.ips.state.nc.us.

3. A Pre-proposal conference was held on March 30, 2010 to review specifications and allow the suppliers to ask questions pertaining to the bid process or specifications. (Although law does not require a pre-bid/proposal, it is our practice to conduct pre-proposals.)

4. We received nine (9) sealed proposals on May 5, 2010 in response to the RFP from the following:

BCI Burke Gametime KOMPAN Krauss Craft Landscape Structures Liang Dynasty Miracle Recreation Playcore Playland

5. Copies of all proposals received were sent on May 6, 2010 to the evaluation team consisting of the following:

Jeff Robinson, Mecklenburg County Park and Recreation Division Director Jack Hill, Mecklenburg County Park and Recreation Certified Playground Installer and Inspector Pete Dailey, Civil Engineer II for Fairfax County Schools, VA Rey Reyes, Director of Operations for Davis United Schools, CA Maria Madero, Procurement Supervisor for the City of Los Angeles, CA Karen Ruppe, Procurement Supervisor for Charlotte-Mecklenburg Procurement Services

In addition, copies of each proposal were sent to three designated U.S. Communities (USC) Program Managers to review for compliance with USC requirements. Please note that US Communities employees did not actually score proposals, nor did they have a vote on the final recommendations.

1

Evaluation of Proposals

1. All Evaluation Team Members conducted individual evaluations of each proposal received based on the criteria stated in Section 3.11 and Section 5 of the RFP and recorded their findings on the evaluation matrix provided by Charlotte-Mecklenburg. The evaluation criteria included the following:

x Compliance with the terms and conditions of the RFP; x Ability to meet the performance requirements of this RFP; x Experience, Background, Qualifications, Capability, Marketing, (including past performances,

administration, management capabilities); x Products and services offerings; x Proposed Playgrounds per Section 4.15.4 – taking into consideration design, quality, durability, play

value, and price; x Pricing/discount/rebate schedules; x Cost effectiveness and Value; x Financial Qualifications; x Company Environmental Initiatives; x MWBE, and other factors specified in this Request for Proposals; and x References

2. Evaluation Team Members sent their completed evaluation forms to Karen Ruppe on or before May 21, 2010.

3. Karen Ruppe compiled the individual scores into a new spreadsheet.

4. The Evaluation Team met in Charlotte, North Carolina on May 25th and 26th in the Charlotte Mecklenburg Government Center.

5. The Team reviewed the compiled scores and went through each proposal to clarify questions and uncertainties that any team member noted or verbally conveyed. The technical scores were revised as needed by each team member based on clarifying information. The final technical scores were compiled and each proposal ranked in the order of scores. Two proposals were deemed nonresponsive for failure to comply with the requirements of the RFP.

6. The five (5) playground designs submitted with each proposal were evaluated by the team one at a time and scored according to play value, aesthetics, durability and cost. The playground design scores were tallied and each proposal ranked according to the total design score.

7. The team then combined the technical scores and playground design scores to achieve a total evaluation score for each proposal and determine the most advantageous proposals and best overall solutions for the Lead Public Agency and potential Participating Public Agencies.

8. The Evaluation Team unanimously agreed on recommending the top two ranked companies for Mecklenburg County contract and U.S. Communities Master Agreement awards. The Team further

discussed the need for more than two contracts and again, unanimously agreed that two national contracts are sufficient and practical for accommodating public agencies playground needs; managing and monitoring of the contracts; and the business perspective of the awardees.

9. Per Section 3.10 of the RFP, Mecklenburg County reserves the right to award contracts to additional companies for Mecklenburg County use only.

10. A recommendation will be made to the Mecklenburg County Board of County Commissioners for consideration at the regularly scheduled Board meeting on July 6, 2010 to award contracts to the following:

Gametime Kompan

11. The effective date of the contracts and Master Agreements will be September 17, 2010.

12. The current contracts with Gametime and Landscape Structures will expire on September 16, 2010. 2


RFP #269-2010-183 -22-

ATTACHMENT J

3.3 How to Submit Proposal Responses.

(A) All Suppliers shall:

x Proposals are to be compatible with Charlotte-Mecklenburg's in-house office paper program and waste reduction goals and policies. Therefore, it is desired that all responses meet the following requirements:

x All Proposals shall be 8 1/2" x 11" format with all standard text no smaller than eleven (11) points;

x All copies must be printed double-sided; x All Proposals and copies are printed on recycled paper (at least 10% post-consumer

recovered material and at least 30% total recovered material), and indicate this information accordingly on the response;

x Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non-recyclable or non re-usable materials such as three ring binders, plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Glued materials, paper clips, and staples are acceptable; and

x Materials must be submitted in a format that allows for easy removal and recycling.

(B) Submit Proposal response in a sealed opaque envelope with the following information written on the outside of that envelope:

(1) The Supplier’s company name,

(2) The Request for Proposals number as indicated on the cover letter to the RFP document, and

(3) Identification of the equipment, supply and/or service for which the Proposal is submitted as indicated at the top of the cover letter to the Request for Proposals document.

(C) Mail or Deliver one (1) bound original Proposal signed in ink by a company official authorized to make a legal and binding offer, ten (10) hard copies, and ten (10) electronic copies on CDs in a searchable format such as MS Word or Adobe Acrobat to the address listed below, to be received no later than 2:00 p.m. on Thursday, April 22, 2010. The "original" Proposal and each of the ten (10) CD copies shall be complete and unabridged, and shall not refer to any other copy of the signed/sealed original for any references, clarifications, or additional information. When received, all Proposals and supporting materials, as well as correspondence relating to this RFP, shall become the property of the City.

Please be advised that the electronic copies on CD will not be accepted as the official original Proposal. The original Proposal signed in ink by a company official must be


RFP #269-2010-183 -23-

submitted to be considered a responsive and valid Proposal. Proposals sent by facsimile will not be accepted.

Mail or Deliver to:

Charlotte/Mecklenburg Government Center Procurement Services Division, 9th Floor 600 East Fourth Street, 9th. Floor- CMGC Charlotte, NC 28202

Attn: Karen Ruppe

Due to increased security concerns at the Charlotte-Mecklenburg Government Center (CMGC) sealed boxed may be searched and thoroughly inspected prior to admittance. Please allow time for this search to take place if delivering your Proposal in person to the CMGC.

(D) Proposals not received by the time and date specified in the Cover Letter of this Request for Proposals will not be opened or considered, unless the delay is a result of the negligence of the City, its agents, or assigns.

3.4 Trade Secrets/Confidentiality. Upon receipt at the Procurement Services Division, your Proposal is considered a public record except for material which qualifies as “trade secret” information under N.C. Gen. Stat. 66-152 et. seq. After the Proposal opening, Charlotte-Mecklenburg’s Evaluation Committee, as well as other Charlotte Mecklenburg staff and members of the general public who submit public records requests will review the Proposal.

The public disclosure of the contents of each Supplier Proposal submitted in response to this RFP is governed by Chapter 132 and 66-152 et. seq. of the General Statutes of North Carolina. If any Proposal contains trade secret information as defined by Chapter 66-152 et. seq. of the General Statutes of North Carolina, such trade secret information should be specifically and clearly identified in accordance with this Section 3.3.

To properly designate material as trade secret under these circumstances, each Supplier must take the following precautions: (a) any trade secrets submitted by a Supplier should be submitted in a separate, sealed envelope marked “Trade Secret—Confidential and Proprietary Information—Do Not Disclose Except for the Purpose of Evaluating this Proposal,” and (b) the same trade secret/confidentiality designation should be stamped on each page of the trade secret materials contained in the envelope.

Do not attempt to designate your entire Proposal, as a trade secret, and do not attempt to designate pricing information as a trade secret. Doing so may result in your Proposal being disqualified.

In submitting a Proposal, each Supplier agrees that Charlotte-Mecklenburg may reveal any trade secret materials contained in such response to all Charlotte Mecklenburg staff and Charlotte Mecklenburg officials involved in the selection process, and to any outside consultant or other third parties who serve on the Evaluation Committee or who are hired by Charlotte-Mecklenburg to assist in the selection process.

3.5 Questions (Before and After Pre-Proposal Conference).


RFP #269-2010-183 -24-

Charlotte-Mecklenburg is committed to providing all prospective Suppliers with accurate and consistent information in order to ensure that no Supplier obtains an unfair competitive advantage. To this end, from the date of this Request For Proposal until the time of Proposal opening, no interpretation or clarification of the meaning of any part of this Request for Proposals will be made orally to any prospective Supplier. Requests for information or clarification of this Request for Proposals must be made in writing and addressed to Karen Ruppe at the address, fax, or email address listed below, with e-mail being the preferred method of communication. Questions should reference the Request for Proposals page and topic number. In order for questions to be answered at the pre-Proposal conference, they must be submitted by 3:00 p.m. on March 29, 2010.

After the Pre-Proposal Conference, additional questions can be submitted no later than 12:00

noon on April 9, 2010. Any questions received after this deadline will not be acknowledged or answered.

Karen Ruppe Procurement Services RFP # 269-2010-183 600 East Fourth Street, 9th Floor Charlotte, North Carolina 28202 Phone: (704) 336-2992 Fax: (704) 632-8254 E-mail: [email protected]

Charlotte-Mecklenburg will post answers to questions posed by prospective Suppliers and/or general information concerning this Request for Proposals in the form of an addendum to the Request for Proposals on the Internet at www.ips.state.nc.us. Request for Proposals information can be accessed at the website by searching for Proposal number 269-2010-183. It is the responsibility of the prospective Supplier to check the website for any addenda issued for this Request for Proposals. The City reserves the right to disqualify any prospective Supplier who contacts a City employee, or agent concerning this Request for Proposals, other than in accordance with this Section.

3.6 How to Submit an Objection.

(A) When a pre-proposal conference is scheduled, Suppliers should either present their objection at that time (either verbally or in writing), or submit a written objection prior to the scheduled pre-Proposal conference.

(B) When a pre-Proposal conference is not scheduled, Suppliers must submit objections in writing at least twenty-four (24) hours prior to the opening of the Proposal.

(C) Except for objections raised at the pre-proposal conference, all objections must be directed to the Procurement Services contact designated in the preceding section.

(D) Failure to object in the manner specified above shall constitute a waiver of any objections the Supplier may have to the terms of this Request for Proposals, or anything that occurred in the Proposal process through the end of the pre-Proposal conference.

3.7 Binding Offer.


RFP #269-2010-183 -25-

Each Proposal shall constitute a firm offer that is binding for one hundred eighty (180) days from the date of the Proposal opening.

3.8 Exceptions to Request for Proposals. Each Proposal submitted in response to this Request for Proposals constitutes a binding offer to comply with all terms, conditions, special conditions, specifications, and requirements stated in this Request for Proposals, except to the extent that a Supplier takes exception to such provisions in the manner required by this section. To take exception to a provision of this Request for Proposals, the Supplier must clearly identify in its Proposal response each of the following: (a) the number and title of each section that the Supplier takes exception to; (b) the specific sentence within such section that the Supplier takes exception to; and (c) any alternate provision proposed by the Supplier. Suppliers are reminded that a material variance from the terms of this Request for Proposals may result in the Proposal being rejected by Charlotte-Mecklenburg.

3.9 Errors in Proposals. In case of error in extension of prices in the Proposal, the unit prices shall govern.

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

Contract Number: Supplier/Offeror:

Pursuant to New Jersey Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that the person or entity, or one

the Department of the Treasury as a person or entity engaging in investment activities in Iran. If the Director finds a person or entity to be in violation of the principles which are the subject of this law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the person or entity.

I certify, pursuant to Public Law 2012, c. 25, that the person or entity listed above for which I am authorized to contract with:

is not providing goods or services of $20,000,000 or more in the energy sector of Iran, including a person or entity thatprovides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran, AND

is not a financial institution that extends $20,000,000 or more in credit to another person or entity, for 45 days or more, ifthat person or entity will use the credit to provide goods or services in the energy sector in Iran.

In the event that a person or entity is unable to make the above certification because it or one of its parents, subsidiaries,or affiliates has engaged in the above-referenced activities, a detailed, accurate and precise description of the activities must be provided in part 2 below to the Division of Purchase under penalty of perjury. Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.

PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN

You must provide, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes below.

NAME:______________________________________ Relationship to Bidder/Offeror/Supplier__________________________

Description of Activities__________________________________________________________________________________

Duration of Engagement______________________________ Anticipated Cessation Date:_____________________________

Bidder/Offeror Contact Name__________________________ Contact Phone Number________________________________

Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that participating New Jersey agencies utilizing contracts provided by the

New Jersey rely on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with New Jersey Participating Agencies to notify in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with New Jersey Participating Agencies and that at a New Jersey option may declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print)___________________________________ Signature: _________________________________________

Title______________________________________________ Date:______________________________________________

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