Friends and Family Package Program - Addendum 4 for 6100059464.docx

SOLICITATION ADDENDUM

To All Suppliers:

The Commonwealth of Pennsylvania defines a solicitation “Addendum” as an addition to or amendment of the original terms, conditions, specifications, or instructions of a procurement solicitation (e.g., Invitation for Bids or Request for Proposals).

List any and all changes:

Question #1: In response to Question 3, the State responded that “for any item a bidder offers to which a preference is applicable, that item’s cost will be increased by the amount of the applicable preference.” According to the Reciprocal Limitations Act (“RLA”), however, “the amount of a bid offering Pennsylvania goods, supplies, equipment or materials shall be reduced by the percentage preference which would be given to another bidder by the state where the goods, supplies, equipment or materials are produced, manufactured, mined or grown.” Please confirm that:

0. If a bidder offers a good manufactured in one of the listed states that have been found by the DGS to have a preference for in-state supplies, that a preference will be applied only if another bidder offers a corresponding (or competing) product that was produced, manufactured, mined or grown in Pennsylvania, and

0. The preference will be applied by reducing the cost of the applicable item in bid of bidder offering that item produced in Pennsylvania.

Answer #1: The following language from Answer #3 to Question #3 in Addendum 2 to IFB 6100059464 is hereby deleted and shall be disregarded:

“For any item a bidder offers to which a preference is applicable, that item’s cost will be increased by the amount of the applicable preference. The low bidder will be determined after the preference increases are applied to all vendors’ affected items and the prices are entered into the cost matrix.”

Any applicable preferences will be applied in accordance with the Reciprocal Limitations Act Requirements.

Question #2: For purposes of Section C of the RLA Requirements (preference for resident bidders):

a. Please confirm that this preference is only applied if one of the bidders is a resident of Pennsylvania, and another bidder is a resident of one of the listed states that apply a preference for in-state bidders.

b. If this preference is applied, how will it be calculated? For example, the RLA states that the bid submitted by a Pennsylvania bidder will be reduced by the preference percentage. Will the Pennsylvania bidder’s overall total bid be reduced by the applicable percentage? What if there are three or more bidders, and only one of the other bidders is a resident of one of the listed states offering preference for in-state bidders, and one of the bidders is a resident of Pennsylvania. Wouldn’t application of the preference in favor of the Pennsylvania bidder unfairly prejudice the bidders that are not from one of the listed states?

Answer #2: The Reciprocal Limitations Act requires the Commonwealth to give resident bidders a preference against a nonresident bidder from any state that gives or requires a preference to bidders from that state or exclude bidders from states that exclude nonresident bidders. Application of any preferences shall be done in accordance with the Reciprocal Limitations Act Requirements once bids have been received. The Commonwealth cannot speculate as to how preferences will be specifically applied until actual bids have been received and reviewed in light of the Reciprocal Limitations Act Requirements.

Question #3: Pursuant to the procedures set forth in Section I.9 IFB-031.1 (“Alternates”) (Oct 2013) of the Terms and Conditions, it is requested that the Pennsylvania Department of Corrections (“DOC”) consider and approve the alternate product proposed below.

Pork Flavor Noodles, 2-3 oz.

If the DOC determines that the proposed alternative is acceptable, we request that the DOC issue a change notice to the IFB that revises the specifications accordingly.

Answer #3: The DOC is requesting Pork Flavor Noodles since the shrimp and beef flavors are offered in our Commissary. This is the flavor that has been requested.

Type of Solicitation: Electronic Bid (SRM) - Review the Questions section of your solicitation response to ensure you have responded, as required, to any questions relevant to solicitation addenda issued subsequent to the initial advertisement of the solicitation opportunity.

Except as clarified and amended by this Addendum, the terms, conditions, specifications, and instructions of the solicitation and any previous solicitation addenda, remain as originally written.

Respectfully,

BOP-1305

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