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<br />100 SECTION 6: ATTACHMENTS | 2014_0122
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<br />a. Occurrence Form Comprehensive General Liability Insurance or its equivalent: The minimum limit of liability shall be $1,000,000 per
<br />occurrence as a combined single limit for bodily injury and property damage. The above required Comprehensive General Liability
<br />Insurance policy or its equivalent shall name the State, its officers, and employees as “Additional Insureds” and include the blanket
<br />additional insured endorsement or its equivalent. The coverage to be provided under these policies shall be at least as broad as that
<br />provided by the standard basic, unamended, and unendorsed Comprehensive General Liability Insurance occurrence coverage forms
<br />or its equivalent currently in use in the State of New Jersey, which shall not be circumscribed by any endorsement limiting the breadth
<br />of coverage.
<br />b. Automobile Liability Insurance which shall be written to cover any automobile used by the insured. Limits of liability for bodily injury
<br />and property damage shall not be less than $1 million per occurrence as a combined single limit. The State must be named as a n
<br />“Additional Insured” and a blanket additional insured endorsement or its equivalent must be provided when the services being procured
<br />involve vehicle use on the State’s behalf or on State controlled property.
<br />c. Worker’s Compensation Insurance applicable to the laws of the State of New Jersey and Employers Liability Insurance with limits not
<br />less than:
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<br />$1,000,000 BODILY INJURY, EACH OCCURRENCE
<br />$1,000,000 DISEASE EACH EMPLOYEE
<br />$1,000,000 DISEASE AGGREGATE LIMIT
<br />d. This $1 million amount may have been raised by the RFP when deemed necessary by the Director.
<br />e. In the case of a contract entered into pursuant to N.J.S.A. 52:32-17, et.seq., (small business set asides) the minimum
<br />amount of insurance coverage in subsections a., b., and c. above may have been lowered in the RFP for certain
<br />commodities when deemed in the best interests of the State by the Director.
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<br />5. TERMS GOVERNING ALL CONTRACTS
<br />5.1 CONTRACTOR IS INDEPENDENT CONTRACTOR – The contractor's status shall be that of any independent contractor and not
<br />as an employee of the State.
<br />5.2 CONTRACT AMOUNT - The estimated amount of the contract(s), when stated on the RFP form, shall not be construed as either
<br />the maximum or minimum amount which the State shall be obliged to order as the result of the RFP or any contract entered into as a
<br />result of the RFP.
<br />5.3 CONTRACT TERM AND EXTENSION OPTION - If, in the opinion of the Director, it is in the best interest of the State to extend a
<br />contract, the contractor shall be so notified of the Director’s Intent at least thirty (30) days prior to the expiration date of the existing
<br />contract. The contractor shall have fifteen (15) calendar days to respond to the Director's request to extend the term and period of
<br />performance of the contract. If the contractor agrees to the extension, all terms and conditions including pricing of the original contract
<br />shall apply unless more favorable terms for the State have been negotiated.
<br />5.4 STATE’S OPTION TO REDUCE SCOPE OF WORK – The State has the option, in its sole discretion, to reduce the scope of work
<br />for any deliverable, task or subtask called for under this contract. In such an event, the Director shall provide to the contractor advance
<br />written notice of the change in scope of work and what the
<br />Director believes should be the corresponding adjusted contract price. Within five (5) business days of receipt of such written notice, if
<br />either is applicable:
<br />(a) If the contractor does not agree with the Director’s proposed adjusted contract price, the contractor shall submit to the Director any
<br />additional information that the contractor believes impacts the adjusted contract price with a request that the Director reconsider the
<br />proposed adjusted contract price. The parties shall negotiate the adjusted contract price. If the parties are unable to agree on an
<br />adjusted contract price, the Director shall make a prompt decision taking all such information into account, and shall notify the
<br />contractor of the final adjusted contract price.
<br />(b) If the contractor has undertaken any work effort toward a deliverable, task or subtask that is being changed or eliminated such that it
<br />would not be compensated under the adjusted contract, the contractor shall be compensated for such work effort according to t he
<br />applicable portions of its price schedule and the contractor shall submit to the Director an itemization of the work effort already
<br />completed by deliverable, task or subtask within the scope of work, and any additional information the Director may request. The
<br />Director shall make a prompt decision taking all such information into account, and shall notify the contractor of the compensation to be
<br />paid for such work effort.
<br />5.5 CHANGE IN LAW– Whenever a change in applicable law or regulation affects the scope of work, the Director shall provide written
<br />notice to the contractor of the change and the Director’s determination as to the corresponding adjusted change in the scope of work
<br />and corresponding adjusted contract price. Within five (5) business days of receipt of such written notice, if either is applicable:
<br />(a) If the contractor does not agree with the adjusted contract price, the contractor shall submit to the Director any additional information
<br />that the contractor believes impacts the adjusted contract price with a request that the Director reconsider the adjusted contract price.
<br />The Director shall make a prompt decision taking all such information into account, and shall notify the contractor of the final adjusted
<br />contract price.
<br />(b) If the contractor has undertaken any work effort toward a deliverable, task or subtask that is being changed or eliminated such that it
<br />would not be compensated under the adjusted contract, the contractor shall be compensated for such work effort according to t he
<br />applicable portions of its price schedule and the contractor shall submit to the Director an itemization of the work effort already
<br />completed by deliverable, task or subtask within the scope of work, and any additional information the Director may request. The
<br />Director shall make a prompt decision taking all such information into account, and shall notify the contractor of the compensation to be
<br />paid for such work effort.
<br />5.6 SUSPENSION OF WORK - The State may, for valid reason, issue a stop order directing the contractor to suspend work under the
<br />contract for a specific time. The contractor shall be paid for goods ordered, goods delivered, or services requested and performed until
<br />the effective date of the stop order. The contractor shall resume work upon the date specified in the stop order, or upon such other date
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