Bid Amendment 2 - QA 03.25.2021~2.docx

PHILIP D. MURPHY

Governor State of New Jersey

DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE AND PROPERTY

PROCUREMENT BUREAU

33 WEST STATE STREET

P. O. BOX 230

TRENTON, NEW JERSEY 08625-0230

ELIZABETH MAHER MUOIO

State Treasurer

SHEILA Y. OLIVER

Lt. Governor

MAURICE A. GRIFFIN

Acting Director https://www.njstart.gov

March 25, 2021

To: All Interested Vendors {Bidders}

Re: Bid Solicitation #21DPP00611 Publishing of the New Jersey Register and New Jersey Administrative Code

Quote Submission Due Date: April 14, 2021 (2:00 p.m. Eastern Time)

Bid Amendment #2

The following constitutes Bid Amendment #2 to the above referenced Bid Solicitation:

· Answers to electronic questions submitted by Vendors {Bidders} during the Electronic Question and Answer (Q&A) period; and

· A revised Bid Solicitation has been uploaded as T1403 Revised Bid Solicitation 03/25/2021;

· A revised price sheet as been uploaded as T1403 Revised Price Sheet 03/25/2021.

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation entitled “T1403 Revised Bid Solicitation”).

It is the sole responsibility of the Vendor {Bidder} to be knowledgeable of all of the additions, deletions, clarifications, and modifications to the Bid Solicitation and/or the New Jersey Standard Terms and Conditions relative to this Bid Solicitation as set forth in all Bid Amendments.

All other instructions, terms, and conditions of the Bid Solicitation shall remain the same.

Bid Solicitation #21DPP00611 Publishing of the New Jersey Register and the New Jersey Administrative Code

Answers to Questions

Where applicable, each question references the appropriate Bid Solicitation section.

Note: This question has been paraphrased in the interest of readability and clarity.

Section Reference Question (Bolded) and Answer

When trying to open a Portable Document Format (PDF) I am receiving an error message and am unable to access the PDF. How should I proceed?

It is recommended that users utilize Internet Explorer to view PDFs. Certain PDF forms cannot be opened in the Chrome or Firefox built in PDF viewers that are enabled by default. If using Chrome or Firefox it is recommended that the file is downloaded instead by clicking the download button in the upper right-hand corner of the browser after an error message is received. An alternative option is to disable the built in PDF viewers in Chrome or Firefox.

Yes. Prior to the Quote Opening Deadline, a Vendor {Bidder} should review the documents comprising the submitted Quote to ensure that all of the required documents have been completed and attached. Oftentimes a Quote is deemed non-responsive because a Vendor {Bidder} fails to attach a required form or attaches a blank form. To review a submitted a Quote a Vendor {Bidder} should log into NJSTART and review each document attached to the Quote submission. Instructions on how to review a submitted Quote can be found in the Quick Reference Guide entitled How to Review a Submitted Quote which is available on the NJSTART Vendor Support Page under Vendor Reference Guides.

Will the State allow Vendors to take exception to any of the Standard Terms and Conditions?

As stated in the Bid Solicitation Section 1.3.1.1, Exceptions to the State of NJ Standard Terms and Conditions (SSTC) "Questions regarding the SSTC proposed exceptions to mandatory requirements, including Special Standard Terms and Conditions in sections 5 and 9 of this Bid Solicitation must be posed during this electronic Question and Answer period and shall contain the Vendor's (Bidder's) suggested changes and the reason(s) for the suggested changes." Additionally as stated in Section 4.1, General: "Quotes including Vendor (Bidder) proposed terms and conditions may be accepted, but Vendor (Bidder) proposed terms or conditions that conflict with those contained in the Bid Solicitation, as defined in Section 2.0 of this Bid Solicitation, or that diminish the State's rights under any Blanket P.O. resulting from the Bid Solicitation, may render a quote non-responsive.

As per Bid Solicitation Section 3.4 (D), the provision of personal computers and other hardware and software is optional for the Vendor {Bidder} to include in its Quote. This is denoted by the use of the word “should”, which is defined as “that which is permissible or recommended, not mandatory.” See Bid Solicitation Section 2.3 of T1403 Revised Bid Solicitation 03/25/2021.

As per Bid Solicitation Section 3.2.3, the automated rule tracking and record keeping database is optional for the Vendor {Bidder} to include in its Quote. This is denoted in the title of the section and the use of the word “should,” which is defined as “that which is permissible or recommended, not mandatory.” See Bid Solicitation Section 2.3 of T1403 Revised Bid Solicitation 03/25/2021.

Bid Solicitation at Section 3.2.4.3 has been revised. Please see T1403 Revised Bid Solicitation 03/25/2021.

Bid Solicitation Sections 3.2.4.5, 4.4.5.2 and the State Supplied Price Sheet have been revised. Please see T1403 Revised Bid Solicitation 03/25/2021 and T1403 Revised Price Sheet 03/25/2021.

As per Bid Solicitation Section 3.2.4.6, the provision of alternatives to the print version of the Register and Code, such as CD-ROMs and DVDs, is optional for the Vendor {Bidder} to include in its Quote. This is denoted by the use of the word “should”, which is defined as “that which is permissible or recommended, not mandatory.” See Bid Solicitation Section 2.3 of T1403 Revised Bid Solicitation 03/25/2021.

Bid Solicitation Sections 3.2.6, 4.4.5.2 and the State Supplied Price Sheet have been revised. Please see T1403 Revised Bid Solicitation 03/25/2021 and T1403 Revised Price Sheet 03/25/2021.

As per Bid Solicitation Section 3.2.10, the provision of a royalty fee by the Vendor {Contractor} is optional for the Vendor {Bidder} to include in its Quote. This is denoted by the use of the word “should”, which is defined as “that which is permissible or recommended, not mandatory.” See Bid Solicitation Section 2.3 of T1403 Revised Bid Solicitation 03/25/2021.

Please note, however, that the inclusion of an annual licensing fee is required by Bid Solicitation Section 3.2.19, which states that the Vendor {Contractor} shall provide the State of New Jersey, at a minimum, with an annual license fee. The use of the word “shall” denotes that which is required. See Section 2.3.

B. Please confirm that the amounts submitted on line 1 of the pricing sheet for subsequent years will be the final numbers and will not be adjusted.

Section 3.2.10 of the Bid Solicitation states that “the licensing fee for Fiscal Year 2023, and in each subsequent Fiscal Year, may be adjusted as agreed to between the OAL and the Vendor {Contractor}.” This language requires that the parties agree on any changes to the Annual License Fee. If the Vendor {Contractor} does not wish to change the Annual License Fee, it is not required to do so.

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