Common use of STATUTORY AND OTHER REQUIREMENTS Clause in Contracts

STATUTORY AND OTHER REQUIREMENTS. The Contractor shall familiarize himself and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect those engaged or employed in the, work, the materials or equipment to be used, or the conduct of the work. No plea or misunderstanding will be considered because of ignorance of the law. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, he will give the Township prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Township, he will bear all costs arising there from. The following is a list of some Laws/Regulations which MAY impact on this contract. This list is not intended to be inclusive and is in addition to other requirements, statutes, regulations cited in these General conditions: • Mandatory Affirmative Action Certification No firm may be issued a contract unless it complies with the affirmative action regulations of N.J. S.A 10:5 - 31 et seq. & N.J.A.C 17: 27. Procurement, Professional and Service Contracts All successful vendors must submit, upon award the contract or the receipt of the contract, one of the following: o A photocopy of a valid letter for an approved Federal Affirmative Action Plan, or o A photocopy of an approved Certificate of Employee Information Report, or o If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Employee Information Report (AA-302). • Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the purchase of bids and services is prohibited. The successful bidder is required to read Americans with Disability language that is part of this specification and agrees that the provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act and to hold the Township harmless. • Stockholder Disclosure Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. Form of Statement shall be completed and attached to the bid proposal. • The New Jersey Worker & Community Right to Know Act The manufacturer or supplier of a substance or mixture shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name. The manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet- must be furnished. • VOC REQUIREMENT The Contractor shall use on the job site only chemicals and cleaning products that do not exceed the national Volatile Organic Chemical (VOC) limitations rule(s) published by the U.S. Environmental Protection Agency (EPA). • Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal. • Safety & Protection The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of; and will provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected by the work and all public/private property at the site or adjacent to the work area. The Contractor will be solely responsible for compliance with all relevant State and Federal Law and Regulation governing construction activities and practices. • Other Related Statutes o TITLE 40A, Chapter 11, Public Contract Law. o TITLE 34, Chapter 2, concerning employment of child labor; General Conditions – (Instructions for submission, forms, etc.) Chapter 5, concerning safety codes for workers in the construction industry together with the rules and regulations of the State Department of Labor and Industry, Chapter 10, concerning establishment of an eight- hour working day for laborers, workmen and mechanics. o TITLE 52, Chapter 34, concerning the payment of commissions, percentage, brokerage or contingent fees to solicit or secure the contract. • Release of All Liens Prior to the final payment the contractor shall provide a certification that all liens relating to the contract have been satisfied or will be satisfied though the receipt of the final payment. • New Jersey Business Registration Certification All contractors and businesses must submit with their bid proof that they are properly registered with the Department of Treasury of the State of New Jersey pursuant to Chapter 57 of the laws of 2004. This certificate must be provided in accordance with current applicable New Jersey State Law. For any proposal involving subcontractors, the Business Registration Certificate must be provided for both the contractor and each subcontractor required to be listed in the bid document. See attached detailed information on this requirement. The contractor shall provide written notice to its subcontractors of the responsibility to submit proof of business registration to the contractor. Before final payment is made the contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract or shall attest that no subcontractors were used. For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:3244(g)(3)] shall collect and remit to the Director, N.J. Division of Taxation, the use tax pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into the State, regardless of whether the tangible personal property is intended for a contract with a contracting agency. • New Jersey Anti-Discrimination The contract for this bid shall require that the contractor agrees not to discriminate in employment and agrees to abide by all the antidiscrimination laws, including but not limited to N.J.S.A 10:2-1 as included in this packet. • Pay-to-Play Legislation Pursuant to P.L. 2005, c.271, s3 any business entity that has received $50,000 or more in a calendar year through agreements or contracts with public entities, must file an annual disclosure statement with the Commission. The Business Entity Annual Statement (Form BE) and filing instructions can be found at xxx.xxxx.xxxxx.xx.xx. • Disclosure of Investment Activities in Iran N.J.S.A. 52:32-55 prohibits state and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors in Iran. Bidders must indicate if they comply with the law by certifying the form Pursuant to N.J.S.A. 40A:11-2.1 the owner is required to notify the New Jersey Attorney General if it determines a false certification has been submitted. SECTION VIII - BID OPENING I ANALYSIS & AWARD • Acceptance of Bids The Township of Willingboro reserves the right to waiver any immaterial defect or informality in any bid and reserves the right to accept that bid or portion thereof which, in its judgment is in the best interest of the Township. The Township of Willingboro also reserves the right to reject any or all bids. Any bid received after the time and date specified shall not be considered. • Bid Opening All Bidders or their authorized agents are invited to be present when the bids are opened and read publicly. All bids may be inspected at this time. No bid may be withdrawn after the specified opening time and date. Once opened, all bids become the property of the Township of Willingboro and will not be returned to the bidders. All supply/ service contracts shall be for twelve (12) consecutive months unless otherwise noted in technical or supplemental specifications. The Township of Willingboro may award the work on the basis of the Base Bid, or the base bid combined with such Alternates as selected, until a net amount is reached which is within the funds available. If the award is to be made on the basis of Base Bids only, it will be made to that responsible bidder whose Base Bid, therefore, is the lowest. If the award is to be made on the basis of a combination of a Base Bid with Options, it will be made to that responsible bidder whose net bid on such combination is the lowest. The Township of Willingboro may also elect to award the work on the basis of line items or unit prices, whichever results in the lowest total amount. If the procurement is a Competitive Contract as allowable under N.J.S.A.40A:11-4.1 et. Seq., the basis of award shall be upon Price and Other Factors as contained within N.J.A.C. 5:34-1 et. Seq., • Contract Award Should the Township decide to award the contract, it shall notify the successful bidder in writing within sixty (60) days of receipt of bids. Should a successful bidder fail or refuse to execute and deliver such contract, certificates of insurance, required stated documentation and bonds within ten (10) days after receipt of Notice of Award, or within such other time period as specified in the technical specifications, the Township may revoke the acceptance of his proposal and the bidder shall become liable for any difference in the proposal awarded and the amount of the contract which the Township may be obliged to award to another because of the refusal or omission of a successful bidder to execute and deliver the contract and bonds aforementioned, together with any sums which the Township may be obliged to spend by reason for the default of the bidder The successful bidder will not assign any interest in this bid and shall not transfer any interest in the same without the prior written consent of the Township.

STATUTORY AND OTHER REQUIREMENTS. The Contractor 7.1 In the performance of this Agreement, the Provider shall familiarize himself and comply with all Federalstatutory requirements, State regulations and local laws, ordinances and regulations, which in any manner affect those engaged or employed in the, work, the materials or equipment other provisions to be used, or the conduct of the work. No plea or misunderstanding will be considered because of ignorance of the law. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, he will give the Township prompt written notice thereof, observed and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Township, he will bear all costs arising there from. The following is a list of some Laws/Regulations which MAY impact on this contract. This list is not intended to be inclusive and is in addition to other requirements, statutes, regulations cited in these General conditions: • Mandatory Affirmative Action Certification No firm may be issued a contract unless it complies with the affirmative action regulations of N.J. S.A 10:5 - 31 et seq. & N.J.A.C 17: 27. Procurement, Professional and Service Contracts All successful vendors must submit, upon award the contract or the receipt of the contract, one of the following: o A photocopy of a valid letter for an approved Federal Affirmative Action Plan, or o A photocopy of an approved Certificate of Employee Information Report, or o If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Employee Information Report (AA-302). • Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the purchase of bids and services is prohibited. The successful bidder is required to read Americans with Disability language that is part of this specification and agrees that the provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act and to hold the Township harmless. • Stockholder Disclosure Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. Form of Statement shall be completed and attached to the bid proposal. • The New Jersey Worker & Community Right to Know Act The manufacturer or supplier of a substance or mixture shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name. The manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet- must be furnished. • VOC REQUIREMENT The Contractor shall use on the job site only chemicals and cleaning products that do not exceed the national Volatile Organic Chemical (VOC) limitations rule(s) published by the U.S. Environmental Protection Agency (EPA). • Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal. • Safety & Protection The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs performed in connection with the work. He will take all necessary precautions for Services. 7.2 The Provider shall not do anything to cause any infringement by the safety of; Council of its obligations under the Human Rights Act 1998 or any other human rights law. 7.3 The Provider shall comply and will provide shall procure that its employees, subcontractors and agents comply with the necessary protection to prevent damage, injury or loss to all employees on Freedom of Information Act (FOIA) 2000 and the work and other persons who Environmental Information Regulations (EIR) 2014 any Codes of Practice in so far as these place obligations upon the Provider in the performance of its obligations under this Agreement. 7.4 The Provider accepts that the Council may be affected by required to disclose information (including commercially sensitive information) relating to this Agreement or Provider to a person in order to comply with its obligations under the work Freedom of Information Act 2000 and/or other legislation without consulting or obtaining consent from the Provider. Such information may include, but shall not be limited to, the name of the Provider, the overall contract price and all public/private property at details of the site or adjacent to the work areaprovisions of this Agreement. The Contractor will be solely responsible Council shall take reasonable steps to notify the Provider of a request for compliance with all relevant State and Federal Law and Regulation governing construction activities and practices. • Other Related Statutes o TITLE 40A, Chapter 11, Public Contract Law. o TITLE 34, Chapter 2, concerning employment of child labor; General Conditions – information (Instructions for submission, forms, etc.) Chapter 5, concerning safety codes for workers in the construction industry together with the rules and regulations of the State Department of Labor and Industry, Chapter 10, concerning establishment of an eight- hour working day for laborers, workmen and mechanics. o TITLE 52, Chapter 34, concerning the payment of commissions, percentage, brokerage or contingent fees to solicit or secure the contract. • Release of All Liens Prior to the final payment the contractor shall provide a certification that all liens relating to the contract have been satisfied or will be satisfied though the receipt of the final payment. • New Jersey Business Registration Certification All contractors and businesses must submit with their bid proof that they are properly registered with the Department of Treasury of the State of New Jersey pursuant to Chapter 57 of the laws of 2004. This certificate must be provided in accordance with current applicable New Jersey State Lawthe Secretary of State’s section 45 code of practice on the discharge of the functions of public authorities under part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but the Council shall be responsible for determining in its absolute discretion whether any commercially sensitive information and/or any other information is exempt from disclosure in accordance with FOIA and EIRs. 7.5 The Provider shall not do anything to cause any infringement by the Council of its obligations under the Freedom of Information Act 2000 and any Codes of Practice and shall facilitate the Council’s compliance and comply with any reasonable request from the Council for that purpose. 7.6 The Provider shall (and as appropriate shall procure that all its servants, agents and sub-contractors and all other persons engaged by the Provider to perform the Agreement) comply with the notification requirements of the General Data Protection Regulations 2018 (“GDPR”) and both parties will duly observe all their obligations under the GDPR which arise in connection with the Agreement. 7.7 The relationship between the Authorising Officer and the Provider shall be a Data Controller:Controller relationship as defined in the GDPR and there will be a sharing of data collected by the Council and the Provider. For any proposal involving subcontractorsNotwithstanding the general obligation in Clause 7.6: where the Provider is controlling personal data (as defined by the GDPR) as a data controller (as defined by the GDPR), the Business Registration Certificate must be provided for both Provider shall ensure that it has in place appropriate technical and contractual measures to ensure the contractor security of the personal data (and each subcontractor to guard against unauthorised or unlawful processing of the personal data and against accidental loss or destruction of, or damage to, the personal data); and the Provider shall; 7.7.1 provide the Council with such information as the Authorised Officer may reasonably require to determine whether the Provider is complying with its obligations under this Agreement; and 7.7.2 promptly notify the Council of any breach of the security measures required to be listed put in place pursuant to this Agreement and of any loss of personal data regardless of whether there has been any breach; and 7.7.3 ensure it does not knowingly or negligently do or omit to do anything which places the bid document. See attached detailed information on this requirement. The contractor shall provide written notice to its subcontractors Council in breach of the responsibility Council’s obligations under the GDPR; and 7.7.4 take (without prejudice to submit proof Clause 3.3) reasonable steps to verify the identity, reliability and honesty of business registration to employees who will handle personal data. 7.8 Save where authorised in writing by the contractor. Before final payment is made Authorised Officer, the contractor shall submit an accurate list and the proof of business registration of each Provider will not authorise any subcontractor or supplier used in the fulfillment of the contract or shall attest that no subcontractors were used. For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:3244(g)(3)] shall collect and remit any other person to the Director, N.J. Division of Taxation, the use tax transfer any personal data processed pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into the State, regardless of whether the tangible personal property is intended for a contract with a contracting agency. • New Jersey Anti-Discrimination The contract for this bid shall require that the contractor agrees not Agreement:- 7.8.1 to discriminate in employment and agrees to abide by all the antidiscrimination laws, including but not limited to N.J.S.A 10:2-1 as included in this packet. • Pay-to-Play Legislation Pursuant to P.L. 2005, c.271, s3 any business entity that has received $50,000 or more in a calendar year through agreements or contracts with public entities, must file an annual disclosure statement with the Commission. The Business Entity Annual Statement (Form BE) and filing instructions can be found at xxx.xxxx.xxxxx.xx.xx. • Disclosure of Investment Activities in Iran N.J.S.A. 52:32-55 prohibits state and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors in Iran. Bidders must indicate if they comply with the law by certifying the form Pursuant to N.J.S.A. 40A:11-2.1 the owner is required to notify the New Jersey Attorney General if it determines a false certification has been submitted. SECTION VIII - BID OPENING I ANALYSIS & AWARD • Acceptance of Bids The Township of Willingboro reserves the right to waiver any immaterial defect or informality in any bid and reserves the right to accept that bid or portion thereof which, in its judgment is in the best interest third party; or 7.8.2 outside of the Township. European Economic Area. 7.9 The Township of Willingboro also reserves Provider shall render such assistance and co-operation to the right to reject any or all bids. Any bid received after the time and date specified shall not be considered. • Bid Opening All Bidders or their authorized agents are invited to be present when the bids are opened and read publicly. All bids Council as may be inspected at this time. No bid may be withdrawn after reasonably requested by the specified opening time and date. Once opened, all bids become Authorised Officer in relation to the property requirements of the Township of Willingboro and will not be returned to the bidders. All supply/ service contracts shall be for twelve (12) consecutive months unless otherwise noted in technical or supplemental specifications. The Township of Willingboro may award the work on the basis of the Base BidGDPR including without limitation, or the base bid combined compliance with such Alternates as selected, until a net amount is reached which is within the funds available. If the award is to be made on the basis of Base Bids only, it will be made to that responsible bidder whose Base Bid, therefore, is the lowest. If the award is to be made on the basis of a combination of a Base Bid with Options, it will be made to that responsible bidder whose net bid on such combination is the lowest. The Township of Willingboro may also elect to award the work on the basis of line items or unit prices, whichever results in the lowest total amount. If the procurement is a Competitive Contract as allowable under N.J.S.A.40A:11-4.1 et. Seq., the basis of award shall be upon Price and Other Factors as contained within N.J.A.C. 5:34-1 et. Seq., • Contract Award Should the Township decide to award the contract, it shall notify the successful bidder in writing within sixty (60) days of receipt of bids. Should a successful bidder fail or refuse to execute and deliver such contract, certificates of insurance, required stated documentation and bonds within ten (10) days after receipt of Notice of Award, or within such other time period as specified in the technical specifications, the Township may revoke the acceptance of his proposal and the bidder shall become liable for any difference in the proposal awarded and the amount of the contract which the Township may be obliged to award to another because of the refusal or omission of a successful bidder to execute and deliver the contract and bonds aforementioned, together with any sums which the Township may be obliged to spend by reason for the default of the bidder The successful bidder will not assign any interest in this bid and shall not transfer any interest in the same without the prior written consent of the Township.the

STATUTORY AND OTHER REQUIREMENTS. 7.1 In the performance of this Agreement, the Provider shall comply with all statutory requirements, regulations and other provisions to be observed and performed in connection with the Services. 7.2 The Contractor Provider shall familiarize himself not do anything to cause any infringement by the Council of its obligations under the Human Rights Act 1998 or any other human rights law. 7.3 The Provider shall comply and shall procure that its employees, subcontractors and agents comply with the Freedom of Information Act (FOIA) 2000 and the Environmental Information Regulations (EIR) 2014 any Codes of Practice in so far as these place obligations upon the Provider in the performance of its obligations under this Agreement. 7.4 The Provider accepts that the Council may be required to disclose information (including commercially sensitive information) relating to this Agreement or Provider to a person in order to comply with its obligations under the Freedom of Information Act 2000 and/or other legislation without consulting or obtaining consent from the Provider. Such information may include, but shall not be limited to, the name of the Provider, the overall contract price and details of the provisions of this Agreement. The Council shall take reasonable steps to notify the Provider of a request for information (in accordance with the Secretary of State’s section 45 code of practice on the discharge of the functions of public authorities under part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but the Council shall be responsible for determining in its absolute discretion whether any commercially sensitive information and/or any other information is exempt from disclosure in accordance with FOIA and EIRs. 7.5 The Provider shall not do anything to cause any infringement by the Council of its obligations under the Freedom of Information Act 2000 and any Codes of Practice and shall facilitate the Council’s compliance and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect those engaged or employed in the, work, reasonable request from the materials or equipment to be used, or the conduct of the work. No plea or misunderstanding will be considered because of ignorance of the law. If the CONTRACTOR observes Council for that purpose. 7.6 The Parties agree that the Specifications or Drawings are at variance therewith, he will give Provider shall not Process any Personal Data on the Township prompt written notice thereof, Council’s behalf (and vice versa) and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice Personal Data which is passed to the Township, he will bear all costs arising there from. The following Provider by the Council is a list of some Laws/Regulations which MAY impact on this contract. This list given because it is not intended to be inclusive and is in addition to other requirements, statutes, regulations cited in these General conditions: • Mandatory Affirmative Action Certification No firm may be issued a contract unless it complies with the affirmative action regulations of N.J. S.A 10:5 - 31 et seq. & N.J.A.C 17: 27. Procurement, Professional and Service Contracts All successful vendors must submit, upon award the contract or the receipt of the contract, one of the following: o A photocopy of a valid letter for an approved Federal Affirmative Action Plan, or o A photocopy of an approved Certificate of Employee Information Report, or o If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Employee Information Report (AA-302). • Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the purchase of bids and services is prohibited. The successful bidder is required to read Americans with Disability language that is part of this specification and agrees that the provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act and to hold the Township harmless. • Stockholder Disclosure Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract strictly necessary for the performance of the Agreement (and vice versa). The Provider and the Council shall each refuse to accept any work Personal Data which is not strictly required for it to perform this Agreement, and confirms that each act as Data Controllers regarding the Personal Data which it does accept from each other. In performing this Agreement the Provider and the Council shall act in accordance with the DPL and shall not do anything which might place the Council or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, there is submitted a statement setting forth the names and addresses of all stockholders Provider in the corporation or partnership who own ten percent or more breach of its stock of any class, or of all individual partners in obligations under the partnership who own a ten percent or greater interest therein. Form of Statement DPL. 7.6.1 each party disclosing Personal Data shall be completed and attached entirely responsible for ensuring that it is permitted to share the bid proposal. • The New Jersey Worker & Community Right to Know Act The manufacturer or supplier of a substance or mixture Personal Data; and 7.6.2 each party disclosing Personal Data shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name. The manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet- must be furnished. • VOC REQUIREMENT The Contractor shall use on the job site only chemicals and cleaning products that do not exceed the national Volatile Organic Chemical (VOC) limitations rule(s) published by the U.S. Environmental Protection Agency (EPA). • Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal. • Safety & Protection The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs the Personal Data while it is in connection with the work. He will take all necessary precautions for the safety of; and will provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected by the work and all public/private property at the site or adjacent transit to the work area. The Contractor will receiving party; and 7.6.3 each party receiving Personal Data shall be solely entirely responsible for compliance with all relevant State and Federal Law and Regulation governing construction activities and practices. • Other Related Statutes o TITLE 40A, Chapter 11, Public Contract Law. o TITLE 34, Chapter 2, concerning employment of child labor; General Conditions – (Instructions for submission, forms, etc.) Chapter 5, concerning safety codes for workers in ensuring that it processes the construction industry together with the rules and regulations of the State Department of Labor and Industry, Chapter 10, concerning establishment of an eight- hour working day for laborers, workmen and mechanics. o TITLE 52, Chapter 34, concerning the payment of commissions, percentage, brokerage or contingent fees to solicit or secure the contract. • Release of All Liens Prior to the final payment the contractor shall provide a certification that all liens relating to the contract have been satisfied or will be satisfied though the receipt of the final payment. • New Jersey Business Registration Certification All contractors and businesses must submit with their bid proof that they are properly registered with the Department of Treasury of the State of New Jersey pursuant to Chapter 57 of the laws of 2004. This certificate must be provided Personal Data it receives in accordance with current applicable New Jersey State Law. For the DPL. 7.7 If the Provider processes any proposal involving subcontractorsPersonal Data which is given to it by the Council in furtherance of the Services, without prejudice to any other terms and conditions elsewhere within this Agreement, the Business Registration Certificate must be provided for both the contractor Provider shall (and each subcontractor required to be listed shall procure that any of its employees, workers, agents, representatives and/or subcontractors involved in the bid document. See attached detailed information on this requirement. The contractor shall provide written notice to its subcontractors provision of the responsibility to submit proof of business registration to the contractor. Before final payment is made the contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract or shall attest that no subcontractors were used. For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:3244(g)(3)] shall collect and remit to the Director, N.J. Division of Taxation, the use tax pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into the State, regardless of whether the tangible personal property is intended for a contract with a contracting agency. • New Jersey Anti-Discrimination The contract for this bid shall require that the contractor agrees not to discriminate in employment and agrees to abide by all the antidiscrimination laws, including but not limited to N.J.S.A 10:2-1 as included in this packet. • Pay-to-Play Legislation Pursuant to P.L. 2005, c.271, s3 any business entity that has received $50,000 or more in a calendar year through agreements or contracts with public entities, must file an annual disclosure statement with the Commission. The Business Entity Annual Statement (Form BEServices shall) and filing instructions can be found at xxx.xxxx.xxxxx.xx.xx. • Disclosure of Investment Activities in Iran N.J.S.A. 52:32-55 prohibits state and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors in Iran. Bidders must indicate if they comply with the law DPL and Good Industry Practice. 7.8 To use “Good Industry Practice” in relation to Personal Data is to include following all relevant guidance issued by certifying the form Pursuant UK Information Commissioner’s Office (or any successor body) and, without limitation, to N.J.S.A. 40A:11secure digital data with at least 256 bit AES encryption or unattended hard copy data in a strong secure storage facility, to use out of bands password exchange, to use anti-2.1 the owner is required to notify the New Jersey Attorney General if it determines malware products that have a false certification has been submitted. SECTION VIII - BID OPENING I ANALYSIS & AWARD • Acceptance of Bids The Township of Willingboro reserves the right to waiver any immaterial defect or informality in any bid and reserves the right to accept that bid or portion thereof which, in its judgment is in the best interest of the Township. The Township of Willingboro also reserves the right to reject any or all bids. Any bid received after the time and date specified shall not be considered. • Bid Opening All Bidders or their authorized agents are invited to be present when the bids are opened and read publicly. All bids may be inspected at this time. No bid may be withdrawn after the specified opening time and date. Once opened, all bids become the property of the Township of Willingboro and will not be returned to the bidders. All supply/ service contracts shall be for twelve (12) consecutive months unless otherwise noted in technical or supplemental specifications. The Township of Willingboro may award the work on the basis of the Base Bid, or the base bid combined with such Alternates as selected, until a net amount is reached which is good reputation within the funds available. If the award is information security industry and to be made on the basis of Base Bids only, it will be made to that responsible bidder whose Base Bid, therefore, is the lowest. If the award is to be made on the basis of a combination of a Base Bid with Options, it will be made to that responsible bidder whose net bid on take measures against brute force password attacks (such combination is the lowest. The Township of Willingboro may also elect to award the work on the basis of line items or unit prices, whichever results in the lowest total amount. If the procurement is a Competitive Contract as allowable under N.J.S.A.40A:11-4.1 et. Seqlocking accounts/target applications for 15 minutes after 20 consecutive invalid password entries)., the basis of award shall be upon Price and Other Factors as contained within N.J.A.C. 5:34-1 et. Seq., • Contract Award Should the Township decide to award the contract, it shall notify the successful bidder in writing within sixty (60) days of receipt of bids. Should a successful bidder fail or refuse to execute and deliver such contract, certificates of insurance, required stated documentation and bonds within ten (10) days after receipt of Notice of Award, or within such other time period as specified in the technical specifications, the Township may revoke the acceptance of his proposal and the bidder shall become liable for any difference in the proposal awarded and the amount of the contract which the Township may be obliged to award to another because of the refusal or omission of a successful bidder to execute and deliver the contract and bonds aforementioned, together with any sums which the Township may be obliged to spend by reason for the default of the bidder The successful bidder will not assign any interest in this bid and shall not transfer any interest in the same without the prior written consent of the Township.

STATUTORY AND OTHER REQUIREMENTS. 7.1 In the performance of this Agreement, the Provider shall comply with all statutory requirements, regulations and other provisions to be observed and performed in connection with the Services. 7.2 The Contractor Provider shall familiarize himself not do anything to cause any infringement by the Council of its obligations under the Human Rights Act 1998 or any other human rights law. 7.3 The Provider shall comply and shall procure that its employees, subcontractors and agents comply with the Freedom of Information Act (FOIA) 2000 and the Environmental Information Regulations (EIR) 2014 any Codes of Practice in so far as these place obligations upon the Provider in the performance of its obligations under this Agreement. 7.4 The Provider accepts that the Council may be required to disclose information (including commercially sensitive information) relating to this Agreement or Provider to a person in order to comply with its obligations under the Freedom of Information Act 2000 and/or other legislation without consulting or obtaining consent from the Provider. Such information may include, but shall not be limited to, the name of the Provider, the overall contract price and details of the provisions of this Agreement. The Council shall take reasonable steps to notify the Provider of a request for information (in accordance with the Secretary of State’s section 45 code of practice on the discharge of the functions of public authorities under part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but the Council shall be responsible for determining in its absolute discretion whether any commercially sensitive information and/or any other information is exempt from disclosure in accordance with FOIA and EIRs. 7.5 The Provider shall not do anything to cause any infringement by the Council of its obligations under the Freedom of Information Act 2000 and any Codes of Practice and shall facilitate the Council’s compliance and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect those engaged or employed in the, work, reasonable request from the materials or equipment to be used, or the conduct of the work. No plea or misunderstanding will be considered because of ignorance of the law. If the CONTRACTOR observes Council for that purpose. 7.6 The Parties agree that the Specifications or Drawings are at variance therewith, he will give Provider shall not Process any Personal Data on the Township prompt written notice thereof, Council’s behalf (and vice versa) and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice Personal Data which is passed to the Township, he will bear all costs arising there from. The following Provider by the Council is a list of some Laws/Regulations which MAY impact on this contract. This list given because it is not intended to be inclusive and is in addition to other requirements, statutes, regulations cited in these General conditions: • Mandatory Affirmative Action Certification No firm may be issued a contract unless it complies with the affirmative action regulations of N.J. S.A 10:5 - 31 et seq. & N.J.A.C 17: 27. Procurement, Professional and Service Contracts All successful vendors must submit, upon award the contract or the receipt of the contract, one of the following: o A photocopy of a valid letter for an approved Federal Affirmative Action Plan, or o A photocopy of an approved Certificate of Employee Information Report, or o If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Employee Information Report (AA-302). • Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the purchase of bids and services is prohibited. The successful bidder is required to read Americans with Disability language that is part of this specification and agrees that the provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act and to hold the Township harmless. • Stockholder Disclosure Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract strictly necessary for the performance of the Agreement (and vice versa). The Provider and the Council shall each refuse to accept any work Personal Data which is not strictly required for it to perform this Agreement and confirms that each act as Data Controllers regarding the Personal Data which it does accept from each other. In performing this Agreement, the Provider and the Council shall act in accordance with the DPL and shall not do anything which might place the Council or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, there is submitted a statement setting forth the names and addresses of all stockholders Provider in the corporation or partnership who own ten percent or more breach of its stock of any class, or of all individual partners in obligations under the partnership who own a ten percent or greater interest therein. Form of Statement DPL. 7.6.1 each party disclosing Personal Data shall be completed and attached entirely responsible for ensuring that it is permitted to share the bid proposal. • The New Jersey Worker & Community Right to Know Act The manufacturer or supplier of a substance or mixture Personal Data; and 7.6.2 each party disclosing Personal Data shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name. The manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet- must be furnished. • VOC REQUIREMENT The Contractor shall use on the job site only chemicals and cleaning products that do not exceed the national Volatile Organic Chemical (VOC) limitations rule(s) published by the U.S. Environmental Protection Agency (EPA). • Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal. • Safety & Protection The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs the Personal Data while it is in connection with the work. He will take all necessary precautions for the safety of; and will provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected by the work and all public/private property at the site or adjacent transit to the work area. The Contractor will receiving party; and 7.6.3 each party receiving Personal Data shall be solely entirely responsible for compliance with all relevant State and Federal Law and Regulation governing construction activities and practices. • Other Related Statutes o TITLE 40A, Chapter 11, Public Contract Law. o TITLE 34, Chapter 2, concerning employment of child labor; General Conditions – (Instructions for submission, forms, etc.) Chapter 5, concerning safety codes for workers in ensuring that it processes the construction industry together with the rules and regulations of the State Department of Labor and Industry, Chapter 10, concerning establishment of an eight- hour working day for laborers, workmen and mechanics. o TITLE 52, Chapter 34, concerning the payment of commissions, percentage, brokerage or contingent fees to solicit or secure the contract. • Release of All Liens Prior to the final payment the contractor shall provide a certification that all liens relating to the contract have been satisfied or will be satisfied though the receipt of the final payment. • New Jersey Business Registration Certification All contractors and businesses must submit with their bid proof that they are properly registered with the Department of Treasury of the State of New Jersey pursuant to Chapter 57 of the laws of 2004. This certificate must be provided Personal Data it receives in accordance with current applicable New Jersey State Law. For the DPL. 7.7 If the Provider processes any proposal involving subcontractorsPersonal Data which is given to it by the Council in furtherance of the Services, without prejudice to any other terms and conditions elsewhere within this Agreement, the Business Registration Certificate must be provided for both the contractor Provider shall (and each subcontractor required to be listed shall procure that any of its employees, workers, agents, representatives and/or subcontractors involved in the bid document. See attached detailed information on this requirement. The contractor shall provide written notice to its subcontractors provision of the responsibility to submit proof of business registration to the contractor. Before final payment is made the contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract or shall attest that no subcontractors were used. For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:3244(g)(3)] shall collect and remit to the Director, N.J. Division of Taxation, the use tax pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into the State, regardless of whether the tangible personal property is intended for a contract with a contracting agency. • New Jersey Anti-Discrimination The contract for this bid shall require that the contractor agrees not to discriminate in employment and agrees to abide by all the antidiscrimination laws, including but not limited to N.J.S.A 10:2-1 as included in this packet. • Pay-to-Play Legislation Pursuant to P.L. 2005, c.271, s3 any business entity that has received $50,000 or more in a calendar year through agreements or contracts with public entities, must file an annual disclosure statement with the Commission. The Business Entity Annual Statement (Form BEServices shall) and filing instructions can be found at xxx.xxxx.xxxxx.xx.xx. • Disclosure of Investment Activities in Iran N.J.S.A. 52:32-55 prohibits state and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors in Iran. Bidders must indicate if they comply with the law DPL and Good Industry Practice. 7.8 To use “Good Industry Practice” in relation to Personal Data is to include following all relevant guidance issued by certifying the form Pursuant UK Information Commissioner’s Office (or any successor body) and, without limitation, to N.J.S.A. 40A:11secure digital data with at least 256 bit AES encryption or unattended hard copy data in a strong secure storage facility, to use out of bands password exchange, to use anti-2.1 the owner is required to notify the New Jersey Attorney General if it determines malware products that have a false certification has been submitted. SECTION VIII - BID OPENING I ANALYSIS & AWARD • Acceptance of Bids The Township of Willingboro reserves the right to waiver any immaterial defect or informality in any bid and reserves the right to accept that bid or portion thereof which, in its judgment is in the best interest of the Township. The Township of Willingboro also reserves the right to reject any or all bids. Any bid received after the time and date specified shall not be considered. • Bid Opening All Bidders or their authorized agents are invited to be present when the bids are opened and read publicly. All bids may be inspected at this time. No bid may be withdrawn after the specified opening time and date. Once opened, all bids become the property of the Township of Willingboro and will not be returned to the bidders. All supply/ service contracts shall be for twelve (12) consecutive months unless otherwise noted in technical or supplemental specifications. The Township of Willingboro may award the work on the basis of the Base Bid, or the base bid combined with such Alternates as selected, until a net amount is reached which is good reputation within the funds available. If the award is information security industry and to be made on the basis of Base Bids only, it will be made to that responsible bidder whose Base Bid, therefore, is the lowest. If the award is to be made on the basis of a combination of a Base Bid with Options, it will be made to that responsible bidder whose net bid on take measures against brute force password attacks (such combination is the lowest. The Township of Willingboro may also elect to award the work on the basis of line items or unit prices, whichever results in the lowest total amount. If the procurement is a Competitive Contract as allowable under N.J.S.A.40A:11-4.1 et. Seqlocking accounts/target applications for 15 minutes after 20 consecutive invalid password entries)., the basis of award shall be upon Price and Other Factors as contained within N.J.A.C. 5:34-1 et. Seq., • Contract Award Should the Township decide to award the contract, it shall notify the successful bidder in writing within sixty (60) days of receipt of bids. Should a successful bidder fail or refuse to execute and deliver such contract, certificates of insurance, required stated documentation and bonds within ten (10) days after receipt of Notice of Award, or within such other time period as specified in the technical specifications, the Township may revoke the acceptance of his proposal and the bidder shall become liable for any difference in the proposal awarded and the amount of the contract which the Township may be obliged to award to another because of the refusal or omission of a successful bidder to execute and deliver the contract and bonds aforementioned, together with any sums which the Township may be obliged to spend by reason for the default of the bidder The successful bidder will not assign any interest in this bid and shall not transfer any interest in the same without the prior written consent of the Township.

STATUTORY AND OTHER REQUIREMENTS. 7.1 In the performance of this Agreement, the Provider shall comply with all statutory requirements, regulations and other provisions to be observed and performed in connection with the Services. 7.2 The Contractor Provider shall familiarize himself not do anything to cause any infringement by the Council of its obligations under the Human Rights Act 1998 or any other human rights law. 7.3 The Provider shall comply and shall procure that its employees, subcontractors and agents comply with the Freedom of Information Act (FOIA) 2000 and the Environmental Information Regulations (EIR) 2014 any Codes of Practice in so far as these place obligations upon the Provider in the performance of its obligations under this Agreement. 7.4 The Provider accepts that the Council may be required to disclose information (including commercially sensitive information) relating to this Agreement or Provider to a person in order to comply with its obligations under the Freedom of Information Act 2000 and/or other legislation without consulting or obtaining consent from the Provider. Such information may include, but shall not be limited to, the name of the Provider, the overall contract price and details of the provisions of this Agreement. The Council shall take reasonable steps to notify the Provider of a request for information (in accordance with the Secretary of State’s section 45 code of practice on the discharge of the functions of public authorities under part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but the Council shall be responsible for determining in its absolute discretion whether any commercially sensitive information and/or any other information is exempt from disclosure in accordance with FOIA and EIRs. 7.5 The Provider shall not do anything to cause any infringement by the Council of its obligations under the Freedom of Information Act 2000 and any Codes of Practice and shall facilitate the Council’s compliance and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect those engaged or employed in the, work, reasonable request from the materials or equipment to be used, or the conduct of the work. No plea or misunderstanding will be considered because of ignorance of the law. If the CONTRACTOR observes Council for that purpose. 7.6 The Parties agree that the Specifications or Drawings are at variance therewith, he will give Provider shall not Process any Personal Data on the Township prompt written notice thereof, Council’s behalf (and vice versa) and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice Personal Data which is passed to the Township, he will bear all costs arising there from. The following Provider by the Council is a list of some Laws/Regulations which MAY impact on this contract. This list given because it is not intended to be inclusive and is in addition to other requirements, statutes, regulations cited in these General conditions: • Mandatory Affirmative Action Certification No firm may be issued a contract unless it complies with the affirmative action regulations of N.J. S.A 10:5 - 31 et seq. & N.J.A.C 17: 27. Procurement, Professional and Service Contracts All successful vendors must submit, upon award the contract or the receipt of the contract, one of the following: o A photocopy of a valid letter for an approved Federal Affirmative Action Plan, or o A photocopy of an approved Certificate of Employee Information Report, or o If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Employee Information Report (AA-302). • Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the purchase of bids and services is prohibited. The successful bidder is required to read Americans with Disability language that is part of this specification and agrees that the provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act and to hold the Township harmless. • Stockholder Disclosure Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract strictly necessary for the performance of the Agreement (and vice versa). The Provider and the Council shall each refuse to accept any work or the furnishing of any materials or suppliesPersonal Data which is not strictly required for it to perform this Agreement, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. Form of Statement confirms that each act as 7.6.1 each party disclosing Personal Data shall be completed and attached entirely responsible for ensuring that it is permitted to share the bid proposal. • The New Jersey Worker & Community Right to Know Act The manufacturer or supplier of a substance or mixture Personal Data; and 7.6.2 each party disclosing Personal Data shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name. The manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet- must be furnished. • VOC REQUIREMENT The Contractor shall use on the job site only chemicals and cleaning products that do not exceed the national Volatile Organic Chemical (VOC) limitations rule(s) published by the U.S. Environmental Protection Agency (EPA). • Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal. • Safety & Protection The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs the Personal Data while it is in connection with the work. He will take all necessary precautions for the safety of; and will provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected by the work and all public/private property at the site or adjacent transit to the work area. The Contractor will receiving party; and 7.6.3 each party receiving Personal Data shall be solely entirely responsible for compliance with all relevant State and Federal Law and Regulation governing construction activities and practices. • Other Related Statutes o TITLE 40A, Chapter 11, Public Contract Law. o TITLE 34, Chapter 2, concerning employment of child labor; General Conditions – (Instructions for submission, forms, etc.) Chapter 5, concerning safety codes for workers in ensuring that it processes the construction industry together with the rules and regulations of the State Department of Labor and Industry, Chapter 10, concerning establishment of an eight- hour working day for laborers, workmen and mechanics. o TITLE 52, Chapter 34, concerning the payment of commissions, percentage, brokerage or contingent fees to solicit or secure the contract. • Release of All Liens Prior to the final payment the contractor shall provide a certification that all liens relating to the contract have been satisfied or will be satisfied though the receipt of the final payment. • New Jersey Business Registration Certification All contractors and businesses must submit with their bid proof that they are properly registered with the Department of Treasury of the State of New Jersey pursuant to Chapter 57 of the laws of 2004. This certificate must be provided Personal Data it receives in accordance with current applicable New Jersey State Law. For the DPL. 7.7 If the Provider processes any proposal involving subcontractorsPersonal Data which is given to it by the Council in furtherance of the Services, without prejudice to any other terms and conditions elsewhere within this Agreement, the Business Registration Certificate must be provided for both the contractor Provider shall (and each subcontractor required to be listed shall procure that any of its employees, workers, agents, representatives and/or subcontractors involved in the bid document. See attached detailed information on this requirement. The contractor shall provide written notice to its subcontractors provision of the responsibility to submit proof of business registration to the contractor. Before final payment is made the contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract or shall attest that no subcontractors were used. For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:3244(g)(3)] shall collect and remit to the Director, N.J. Division of Taxation, the use tax pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into the State, regardless of whether the tangible personal property is intended for a contract with a contracting agency. • New Jersey Anti-Discrimination The contract for this bid shall require that the contractor agrees not to discriminate in employment and agrees to abide by all the antidiscrimination laws, including but not limited to N.J.S.A 10:2-1 as included in this packet. • Pay-to-Play Legislation Pursuant to P.L. 2005, c.271, s3 any business entity that has received $50,000 or more in a calendar year through agreements or contracts with public entities, must file an annual disclosure statement with the Commission. The Business Entity Annual Statement (Form BEServices shall) and filing instructions can be found at xxx.xxxx.xxxxx.xx.xx. • Disclosure of Investment Activities in Iran N.J.S.A. 52:32-55 prohibits state and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors in Iran. Bidders must indicate if they comply with the law DPL and Good Industry Practice. 7.8 To use “Good Industry Practice” in relation to Personal Data is to include following all relevant guidance issued by certifying the form Pursuant UK Information Commissioner’s Office (or any successor body) and, without limitation, to N.J.S.A. 40A:11secure digital data with at least 256 bit AES encryption or unattended hard copy data in a strong secure storage facility, to use out of bands password exchange, to use anti-2.1 the owner is required to notify the New Jersey Attorney General if it determines malware products that have a false certification has been submitted. SECTION VIII - BID OPENING I ANALYSIS & AWARD • Acceptance of Bids The Township of Willingboro reserves the right to waiver any immaterial defect or informality in any bid and reserves the right to accept that bid or portion thereof which, in its judgment is in the best interest of the Township. The Township of Willingboro also reserves the right to reject any or all bids. Any bid received after the time and date specified shall not be considered. • Bid Opening All Bidders or their authorized agents are invited to be present when the bids are opened and read publicly. All bids may be inspected at this time. No bid may be withdrawn after the specified opening time and date. Once opened, all bids become the property of the Township of Willingboro and will not be returned to the bidders. All supply/ service contracts shall be for twelve (12) consecutive months unless otherwise noted in technical or supplemental specifications. The Township of Willingboro may award the work on the basis of the Base Bid, or the base bid combined with such Alternates as selected, until a net amount is reached which is good reputation within the funds available. If the award is information security industry and to be made on the basis of Base Bids only, it will be made to that responsible bidder whose Base Bid, therefore, is the lowest. If the award is to be made on the basis of a combination of a Base Bid with Options, it will be made to that responsible bidder whose net bid on take measures against brute force password attacks (such combination is the lowest. The Township of Willingboro may also elect to award the work on the basis of line items or unit prices, whichever results in the lowest total amount. If the procurement is a Competitive Contract as allowable under N.J.S.A.40A:11-4.1 et. Seqlocking accounts/target applications for 15 minutes after 20 consecutive invalid password entries)., the basis of award shall be upon Price and Other Factors as contained within N.J.A.C. 5:34-1 et. Seq., • Contract Award Should the Township decide to award the contract, it shall notify the successful bidder in writing within sixty (60) days of receipt of bids. Should a successful bidder fail or refuse to execute and deliver such contract, certificates of insurance, required stated documentation and bonds within ten (10) days after receipt of Notice of Award, or within such other time period as specified in the technical specifications, the Township may revoke the acceptance of his proposal and the bidder shall become liable for any difference in the proposal awarded and the amount of the contract which the Township may be obliged to award to another because of the refusal or omission of a successful bidder to execute and deliver the contract and bonds aforementioned, together with any sums which the Township may be obliged to spend by reason for the default of the bidder The successful bidder will not assign any interest in this bid and shall not transfer any interest in the same without the prior written consent of the Township.

STATUTORY AND OTHER REQUIREMENTS. The Contractor 7.1 In the performance of this Agreement, the Provider shall familiarize himself and comply with all Federalstatutory requirements, State regulations and local laws, ordinances and regulations, which in any manner affect those engaged or employed in the, work, the materials or equipment other provisions to be used, or the conduct of the work. No plea or misunderstanding will be considered because of ignorance of the law. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, he will give the Township prompt written notice thereof, observed and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Township, he will bear all costs arising there from. The following is a list of some Laws/Regulations which MAY impact on this contract. This list is not intended to be inclusive and is in addition to other requirements, statutes, regulations cited in these General conditions: • Mandatory Affirmative Action Certification No firm may be issued a contract unless it complies with the affirmative action regulations of N.J. S.A 10:5 - 31 et seq. & N.J.A.C 17: 27. Procurement, Professional and Service Contracts All successful vendors must submit, upon award the contract or the receipt of the contract, one of the following: o A photocopy of a valid letter for an approved Federal Affirmative Action Plan, or o A photocopy of an approved Certificate of Employee Information Report, or o If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Employee Information Report (AA-302). • Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the purchase of bids and services is prohibited. The successful bidder is required to read Americans with Disability language that is part of this specification and agrees that the provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act and to hold the Township harmless. • Stockholder Disclosure Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. Form of Statement shall be completed and attached to the bid proposal. • The New Jersey Worker & Community Right to Know Act The manufacturer or supplier of a substance or mixture shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name. The manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet- must be furnished. • VOC REQUIREMENT The Contractor shall use on the job site only chemicals and cleaning products that do not exceed the national Volatile Organic Chemical (VOC) limitations rule(s) published by the U.S. Environmental Protection Agency (EPA). • Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal. • Safety & Protection The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs performed in connection with the work. He will take all necessary precautions for Services. 7.2 The Provider shall not do anything to cause any infringement by the safety of; Council of its obligations under the Human Rights Act 1998 or any other human rights law. 7.3 The Provider shall comply and will provide shall procure that its employees, subcontractors and agents comply with the necessary protection to prevent damage, injury or loss to all employees on Freedom of Information Act (FOIA) 2000 and the work and other persons who Environmental Information Regulations (EIR) 2014 any Codes of Practice in so far as these place obligations upon the Provider in the performance of its obligations under this Agreement. 7.4 The Provider accepts that the Council may be affected by required to disclose information (including commercially sensitive information) relating to this Agreement or Provider to a person in order to comply with its obligations under the work Freedom of Information Act 2000 and/or other legislation without consulting or obtaining consent from the Provider. Such information may include, but shall not be limited to, the name of the Provider, the overall contract price and all public/private property at details of the site or adjacent to the work areaprovisions of this Agreement. The Contractor will be solely responsible Council shall take reasonable steps to notify the Provider of a request for compliance with all relevant State and Federal Law and Regulation governing construction activities and practices. • Other Related Statutes o TITLE 40A, Chapter 11, Public Contract Law. o TITLE 34, Chapter 2, concerning employment of child labor; General Conditions – information (Instructions for submission, forms, etc.) Chapter 5, concerning safety codes for workers in the construction industry together with the rules and regulations of the State Department of Labor and Industry, Chapter 10, concerning establishment of an eight- hour working day for laborers, workmen and mechanics. o TITLE 52, Chapter 34, concerning the payment of commissions, percentage, brokerage or contingent fees to solicit or secure the contract. • Release of All Liens Prior to the final payment the contractor shall provide a certification that all liens relating to the contract have been satisfied or will be satisfied though the receipt of the final payment. • New Jersey Business Registration Certification All contractors and businesses must submit with their bid proof that they are properly registered with the Department of Treasury of the State of New Jersey pursuant to Chapter 57 of the laws of 2004. This certificate must be provided in accordance with current applicable New Jersey State Law. For the Secretary of State’s section 45 code of practice on the discharge of the functions of public authorities under part 1 of the FOIA to the extent that it is permissible and reasonably practical for it to do so but the Council shall be responsible for determining in its absolute discretion whether any proposal involving subcontractorscommercially sensitive information and/or any other information is exempt from disclosure in accordance with FOIA and EIRs. 7.5 The Provider shall not do anything to cause any infringement by the Council of its obligations under the Freedom of Information Act 2000 and any Codes of Practice and shall facilitate the Council’s compliance and comply with any reasonable request from the Council for that purpose. 7.6 The Provider shall (and as appropriate shall procure that all its servants, agents and sub-contractors and all other persons engaged by the Provider to perform the Agreement) comply with the notification requirements of the Data Protection Act 1998 (“DPA”) and both parties will duly observe all their obligations under the DPA which arise in connection with the Agreement. 7.7 Notwithstanding the general obligation in Clause 7.6: where the Provider is processing personal data (as defined by the DPA) as a data processor for the Council (as defined by the DPA), the Business Registration Certificate must be provided for both Provider shall ensure that it has in place appropriate technical and contractual measures to ensure the contractor security of the personal data (and each subcontractor to guard against unauthorised or unlawful processing of the personal data and against accidental loss or destruction of, or damage to, the personal data); and shall comply with the Seventh Data Protection Principle in Schedule 1 to the DPA as if it was bound by the Act to do so; and the Provider shall; 7.7.1 provide the Council with such information as the Authorised Officer may reasonably require to determine whether the Provider is complying with its obligations under this Agreement; and 7.7.2 promptly notify the Council of any breach of the security measures required to be listed put in place pursuant to this Agreement and of any loss of personal data regardless of whether there has been any breach; and 7.7.3 ensure it does not knowingly or negligently do or omit to do anything which places the bid document. See attached detailed information on this requirement. The contractor shall provide written notice to its subcontractors Council in breach of the responsibility to submit proof Council’s obligations under the DPA; and 7.7.4 act only on the instructions of business registration the Council in relation to the contractor. Before final payment processing of personal data over which the Council is made a data controller; and 7.7.5 take (without prejudice to Clause 3.3) reasonable steps to verify the contractor shall submit an accurate list identity, reliability and honesty of employees who will handle personal data. 7.8 Save where authorised in writing by the proof of business registration of each Authorised Officer, the Provider will not authorise any subcontractor or supplier used in the fulfillment of the contract or shall attest that no subcontractors were used. For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:3244(g)(3)] shall collect and remit any other person to the Director, N.J. Division of Taxation, the use tax transfer any personal data processed pursuant to the Sales Agreement:- 7.8.1 to any third party; or 7.8.2 outside of the European Economic Area. 7.9 The Provider shall render such assistance and Use Tax Act on all sales co-operation to the Council as may be reasonably requested by the Authorised Officer in relation to the requirements of tangible personal property delivered into the StateDPA including without limitation, regardless of whether the tangible personal property is intended for a contract with a contracting agency. • New Jersey Anti-Discrimination The contract for this bid shall require that the contractor agrees not to discriminate in employment and agrees to abide by all the antidiscrimination laws, including but not limited to N.J.S.A 10:2-1 as included in this packet. • Pay-to-Play Legislation Pursuant to P.L. 2005, c.271, s3 any business entity that has received $50,000 or more in a calendar year through agreements or contracts with public entities, must file an annual disclosure statement compliance with the Commission. The Business Entity Annual Statement (Form BE) Authorised Officer’s instructions concerning the return or destruction of data and filing instructions can be found at xxx.xxxx.xxxxx.xx.xx. • Disclosure of Investment Activities cooperation in Iran N.J.S.A. 52:32-55 prohibits state and local public contracts good faith with persons or entities engaging in certain investment activities in energy or finance sectors in Iran. Bidders must indicate if they comply with the law by certifying the form Pursuant to N.J.S.A. 40A:11-2.1 the owner is required to notify the New Jersey Attorney General if it determines a false certification has been submitted. SECTION VIII - BID OPENING I ANALYSIS & AWARD • Acceptance of Bids The Township of Willingboro reserves the right to waiver any immaterial defect or informality in any bid and reserves the right to accept that bid or portion thereof which, in its judgment is in the best interest of the Township. The Township of Willingboro also reserves the right to reject any or all bids. Any bid received after the time and date specified shall not be considered. • Bid Opening All Bidders or their authorized agents are invited to be present when the bids are opened and read publicly. All bids may be inspected at this time. No bid may be withdrawn after the specified opening time and date. Once opened, all bids become the property of the Township of Willingboro and will not be returned to the bidders. All supply/ service contracts shall be for twelve (12) consecutive months unless otherwise noted in technical or supplemental specifications. The Township of Willingboro may award the work on the basis of the Base Bid, or the base bid combined with such Alternates as selected, until a net amount is reached which is within the funds available. If the award is to be made on the basis of Base Bids only, it will be made to that responsible bidder whose Base Bid, therefore, is the lowest. If the award is to be made on the basis of a combination of a Base Bid with Options, it will be made to that responsible bidder whose net bid on such combination is the lowest. The Township of Willingboro may also elect to award the work on the basis of line items or unit prices, whichever results in the lowest total amount. If the procurement is a Competitive Contract as allowable under N.J.S.A.40A:11-4.1 et. Seqclause 8.3., the basis of award shall be upon Price and Other Factors as contained within N.J.A.C. 5:34-1 et. Seq., • Contract Award Should the Township decide to award the contract, it shall notify the successful bidder in writing within sixty (60) days of receipt of bids. Should a successful bidder fail or refuse to execute and deliver such contract, certificates of insurance, required stated documentation and bonds within ten (10) days after receipt of Notice of Award, or within such other time period as specified in the technical specifications, the Township may revoke the acceptance of his proposal and the bidder shall become liable for any difference in the proposal awarded and the amount of the contract which the Township may be obliged to award to another because of the refusal or omission of a successful bidder to execute and deliver the contract and bonds aforementioned, together with any sums which the Township may be obliged to spend by reason for the default of the bidder The successful bidder will not assign any interest in this bid and shall not transfer any interest in the same without the prior written consent of the Township.