T0002 Bid Amendment 4.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

TAHESHA L. WAY

Lt. Governor

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

March 6, 2024

To: All Interested Bidders

Re: Bid Solicitation # 24DPP00931 T0002 Bottled Spring Water and Cooler Rental - Statewide

Bid Amendment #4

The following constitutes Bid Amendment #4 to the above referenced Bid Solicitation:

· This Bid Amendment includes answers to questions;

· Addition of Exhibit A – Bid Tabulation Results from the previous bid cycle (Bid Solicitation #18DPP00228) to the Bid Solicitation’s Attachments Tab in NJSTART;

· Revisions to the Bid Solicitation (from Part 2 of the Bid Amendment); and

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “T0002 Revised Bid Solicitation 3.1.24”.

· Revisions to the State-Supplied Price Sheet (from Part 1, Questions 10 and 15 of the Bid Amendment).

· Please note that for all additions, deletions, clarifications and modifications to the State-Supplied Price Sheet, please refer to the Revised State-Supplied Price Sheet titled “T0002 Revised State-Supplied Price Sheet 3.1.2024”.

It is the sole responsibility of the 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 #24DPP00931 T0002 Bottled Spring Water and Cooler Rental – Statewide

Part 1 - Answers to Questions

Where applicable, each question references the appropriate Bid Solicitation section. Some questions have been paraphrased in the interest of readability and clarity.

Section Reference Question (Bolded) and Answer

Answer: It is recommended that users utilize Microsoft Edge 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.

Answer: Yes. Prior to the Quote Opening Deadline, a 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 Bidder fails to attach a required form or attaches a blank form. To review a submitted a Quote, a 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.

Answer: Please be advised that all Quotes shall be submitted electronically through NJSTART.

Answer: As stated in Bid Solicitation Section 2.2, Exceptions to the State of NJ Standard Terms and Conditions (SSTC): “Questions regarding the State of New Jersey Standard Terms and Conditions and exceptions to mandatory requirements MUST be posed during the Electronic Question and Answer period and shall contain the Bidder’s suggested changes and the reason(s) for the suggested change(s).” Moreover, as stated in Bid Solicitation Section 3.11, Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions may render a Quote non-responsive.

Answer: Price adjustments may be considered following Contract award. Price increases may be requested pursuant to New Jersey State Standard Terms & Condition Section 6.1, which states: "In an exceptional situation the State may consider a price adjustment. Requests for price adjustments must include justification and documentation."

Answer: Yes. Bidders must provide, with its Quote, the signed Specification Conformance Certification, as indicated in Bid Solicitation Section 3.21.

Answer: For 2023, the State purchased 229,235 of the five (5) gallon demi-johns and 4,442 water coolers. This usage represents all State Agencies and Cooperative Purchasing Participants as of the date of the publication of this Bid Amendment.

Answer: Bidders must insert the Manufacturer/Brand Name and Model Number or Product Description in the spaces provided on the State-Supplied Price Sheet for each cooler price line that is being bid. Please refer to Bid Solicitation Section 3.36, Step 4.

This information is only required for Price Line 2 “Cooler with Cold and Hot Tab for Bottled Water, Monthly Rental” under each Group for Groups 1 through 21.

Bid Solicitation Section 3.36, Step 4, has been updated to reflect this information. Please refer to the revised Bid Solicitation titled “T0002 Revised Bid Solicitation 3.1.24”.

Bid Solicitation Section 3.36 states: “Step 4 –The Bidder shall enter the manufacturer or brand name and model number or product description information in the “Manufacturer/Brand Name and Model Number or Product Description” column of the State-Supplied Price Sheet for Price Lines 2 under each Group 1 through 21.

An entry in the “Manufacturer/Brand Name and Model Number or Product Description” column is required for each Price Line 2 under each Group 1 through 21 on the State Supplied Price Sheet. An entry is not required for Price Line 1 Spring Water, Bottled, 5 Gallon Demi-John for Cooler under each Group 1 through 21.”

In terms of varying brands and models, Bid Solicitation Section 3.36 further states,, “A Bidder offering more than one brand or the same brand with alternate product/model numbers for the same price line item must copy and submit a separate price sheet for each additional brand/model number bid along with any changes to the unit prices and brand and model information, with the Quote.”

During the Contract term or any extension(s) thereof, Contractors will have the ability to substitute the contracted cooler brand/model number, in accordance with Bid Solicitation Sections 4.13 and 4.14, upon the State’s approval.

Answer: As stated in Bid Solicitation Section 4.5, Delivery Requirements: “Deliveries shall not exceed five (5) business days after receipt of order (ARO)”. Moreover, as stated in Bid Solicitation Section 3.36.1, Delivery Time and Costs: “Alternate delivery times shall not exceed the delivery days noted in Bid Solicitation Section 4.5 Delivery Requirements, as applicable. Quotes that exceed the delivery days in Bid Solicitation Section 4.5 Delivery Requirements may be deemed non-responsive.”

The following sentences has been added to Bid Solicitation Section 3.36.1:

“The initial setup of a new accounts may exceed five (5) businesses days to allow time for the delivery of coolers and five (5) gallon demi-johns.”

It is understood that Contractors may encounter delivery delays from time to time (not on a regular/daily basis). As such, the following paragraph has been added to Bid Solicitation Section 4.5:

“From time to time (not on a regular/daily basis), due to unforeseen circumstances, a delivery may be delayed due to product shortages, staff/delivery driver shortages, traffic delays/closures, etc. In those instances, the Contractor must inform the Using Agency of the delay in writing immediately and disclose the alternate delivery date/time.”

Bid Solicitation Sections 3.36.1 and 4.5 have been updated to reflect this information. Please refer to the revised Bid Solicitation titled “T0002 Revised Bid Solicitation 3.1.24”.

Note: This question/statement has been paraphrased.

Answer: The price lines for “Cooler with Cold Tap for Bottled Water” have been removed from the Bid Solicitation and State-Supplied Price Sheet.

Bid Solicitation Sections 1.1, 3.36, 4, 8.9.2 and 8.16 have been revised to reflect this change as well as Groups 1 through 21 of the State-Supplied Price Sheet.

Please refer to the revised Bid Solicitation titled “T0002 Revised Bid Solicitation 3.1.2024”. Please also refer to and utilize the revised State-Supplied Price Sheet titled “T0002 Revised Price Sheet 3.1.2024”.

Answer: During the contract extension process, the State will send the Contractor a contract extension letter, which will allow the Contractor to indicate its agreement or declination of the extension and consideration will be made at that time for any price decreases or increases requested by the Contractor. Any requested price adjustments to the contract pricing may be considered in accordance with Section 6.1 of the New Jersey Standard Terms and Conditions (SSTC). SSTC Section 6.1 states, in pertinent part, “Unless otherwise agreed to in writing by the State, all prices quoted shall be firm through issuance of contract or purchase order… In an exceptional situation the State may consider a price adjustment. Requests for price adjustments must include justification and documentation.”

Any price adjustments must be approved by the Division, published in a Contract Amendment and published under the Contract in NJSTART.

Answer: As stated in Part 2 of this Bid Amendment, the language in Bid Solicitation Section 5.11 has been revised. However, as part of that revision, the Procurement Efficiency Program Fee in the amount of one percent (1%) did not change.

The State declines to modify the terms of Bid Solicitation Section 5.11, Procurement Efficiency Program. Pursuant to N.J.A.C. 17:12-1.5, Procurement efficiency program, the Division of Purchase and Property collects a percentage assessment to maintain the State’s procurement operations. Any pricing provided in response to this Bid Solicitation should take Bid Solicitation Section 5.11 and its requirements into account.

Answer: Yes. Please see “T0002 Exhibit A” under the “Attachments” tab in NJSTART.

Answer: All insurance requirements are outlined under Section 4.2 of the New Jersey Standard Terms and Conditions, which is posted under the “Attachments” tab in NJSTART.

Bidders are also directed to the State Standard Terms and Conditions Section 5.8, Subcontracting, which states in part:

If the Contractor uses a Subcontractor to fulfill any of its obligations, the Contractor shall be responsible for the Subcontractor’s: (a) performance; (b) compliance with all of the terms and conditions of the Contract; and (c) compliance with the requirements of all applicable laws.

Answer: As part of this Bid Amendment, the State-Supplied Price Sheet has been revised to remove the price lines for the cold coolers within each Group. Please use the revised version of the State-Supplied Price Sheet that has been published in the “Attachments” tab in NJSTART.

Please refer to and utilize the revised State-Supplied Price Sheet titled “T0002 Revised Price Sheet 3.1.2024”.

Part 2 - Additional Revisions to the Bid Solicitation

Note: These Bid Solicitation revisions are in addition to the revisions referenced in the Questions and Answers above.

Please refer to the revised Bid Solicitation titled “T0002 Revised Bid Solicitation 3.1.2024” and revised State-Supplied Price Sheet titled “T0002 Revised Price Sheet 3.1.2024” in the Attachment tab of the Bid Solicitation in NJSTART.

Section Reference Revision

The date of the New Jersey Standard Terms and Conditions has changed from 6/21/2023 to 2/8/2024. The revised version of the State of New Jersey Standard Terms and Conditions dated 2/8/2024 has been published under the Attachments tab of the Bid Solicitation in NJSTART. This replaces the previous version of the State of New Jersey Standard Terms and Conditions dated 6/21/2023.

A lettering change has been made from K. to J. for Certification of Non-Involvement of Prohibited Activities in Russia or Belarus Pursuant to P.L.2022, c.3.

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper image1.png