T0012 Bid Amendment 2 - Responses to QA Final 8.18.26.docx

MIKIE SHERRILL

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

AARON BINDER

State Treasurer

DR. DALE G. CALDWELL

Lt. Governor

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

August 18, 2026

To: All Interested Bidders

Re: Bid Solicitation #26DPP01297 T0012 Food Service Items: Disposable, Paper and Plastic, for Distribution and Support Services

Quote Submission Due Date: August 25, 2026 (2:00 p.m. Eastern Time) REVISED Quote Opening Date: September 2, 2026 (2:00 p.m. Eastern Time)

Bid Amendment #2

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

· This Bid Amendment includes answers to questions from the Electronic Question and Answer Period that concluded on August 5, 2026;

· Revisions to the Bid Solicitation (from Part 1 and Part 2 of the Bid Amendment); and

· Please note that for all modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “T0012 26DPP01297 Revised Bid Solicitation 8.14.2026”

· Revisions to the State-Supplied Price Sheet (from Part 1 and Part 2 of the Bid Amendment).

· Please note that for all modifications to the State-Supplied Price Sheet, please refer to the Revised State-Supplied Price Sheet titled “T0012 26DPP01297 State-Supplied Price Sheet 8.14.2026”.

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 #26DPP01297

Part 1 - Answers to Questions

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

Note: The Division, referenced herein, refers to the Division of Purchase and Property, Procurement Bureau

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 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: Yes.

Answer: Yes.

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, as stated in Bid Solicitation Section 1.1, Groups 1 and 2 are designated as "all or none" groups, meaning the Bidder must bid on all lines within the group in order to be considered for award of that specific group. If a Bidder fails to bid on all lines within the group, their Quote shall be considered non-responsive for that group. If a brand/product bid on a price line within the group is deemed non-responsive, the entire group that price line item is part of will be deemed non-responsive, as these price lines were grouped to create a single award, with the intent that all price lines in the group will be awarded.

Answer: Bidders are urged to check their NJSTART profile promptly to confirm that their account is accessible and that all forms are current. Access to the NJSTART profile is required in order to submit a Quote.

The Division anticipates that it may take up to two weeks to process a Bidder's request for access to their NJSTART profile from the date the request is submitted. Vendors needing help to access their company's NJSTART profile/account should use the link below: https://njservices.service-now.com/spnjstart?id=njstart_sc_category

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

Answer: It is not necessary to print the Contract Number and Purchase Order Number on each case. The language in Bid Solicitation Section 4.5 has been revised accordingly.

Please refer to Part 2 of this Bid Amendment and the revised Bid Solicitation titled “T0012 26DPP01267 Revised Bid Solicitation 8.14.2026”

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

Answer: The reference to price list updates is not applicable to this procurement. As such, Bid Solicitation Section 4.9 has been revised to remove the price list update language.

Please refer to Part 2 of this Bid Amendment and the revised Bid Solicitation titled “T0012 26DPP01267 Revised Bid Solicitation 8.14.2026”.

Section 5.2 Contract Transition Question: Pont A states, "A. No Award Made --In the event that a new contract has not been awarded prior to the expiration date for this Contract, including any extensions exercised, then by written notice to the Contractor, the State may exercise its right to transition this Contract for a period of up to 270 Calendar Days (the "Initial Transition Period"). In the event the State exercises its right pursuant to this Section, then the Contractor shall continue performance under this Contract under the same terms, conditions, and pricing until a new contract is awarded or the Initial Transition Period expires. At no time shall this Initial Transition Period extend more than 365 Calendar Days beyond the expiration date of this Contract, including any extensions exercised, unless in the opinion of the Director, it is in the best interest of the State to extend the Initial Transition Period."

Please clarify / confirm that this applies to the new Contract Bid 26DPP01297, and when the resulting contract expires; then these terms will apply to continue servicing the contract for Contract Bid 26DPP0129.

Answer: The above statement, referencing transition times, applies to any new contract awards made as a result of the subject Bid Solicitation (26DPP01297).

The Division cannot guarantee when new contracts will be awarded from the subject Bid Solicitation (26DPP01297). Due to the numerous unpredictable factors that can influence the evaluation of Quotes and the awarding of new contracts, it may be necessary for the Division to extend the existing T0012 contracts, pursuant to the contract transition requirements from Bid Solicitation numbers 22DPP00741 and 19DPP00421. All information pertaining to these Bid Solicitation’s contract transition language can be found in NJSTART by following the instructions in Bid Solicitation Section 1.2 of the subject Bid Solicitation.

Please clarify / confirm that the New contract is the contract subsequent to the contract for Bid 26DPP01297.

Answer: Please refer to the answer in Question Number 12 above.

Please clarify / confirm that this applies to the new Contract Bid 26DPP01297, and when the resulting contract expires; then these terms will apply to continue servicing the contract for Contract Bid 26DPP01297.

Answer: This question is a duplicate of Question Number 12 above. Please see the answer to Question Number 12 above.

Answer: Correct. Please also refer to the answer in Question Number 12 above.

Question: Similarly for point B, please clarify the new Contract is the contract for bid 26DPP01297, and the State may transition to the new contract prior to the current contract expiring in January 2027. This clarification has a big implication on planning inventory for the current contract through Jan 2027.

Answer: Please refer to the answer in Question Number 12 above.

Answer: Yes, the 1% Procurement Efficiency Program (PEP) Fee is mandatory.

Information regarding the State’s Performance Efficiency Program (PEP) can be found in Bid Solicitation Section 5.11 and through the link below:

https://njstart.info/vendors

Once on that page, please click on “NJSTART PEP Vendor Resources”. Then choose the heading titled “Reconciler Supplier Reporting & Payment Overview”. This document gives a detailed overview of what PEP is.

Answer: The Central Nonprofit Agency (CNA) was created under The New Jersey Rehabilitation Facilities Set-Aside Act (N.J.S.A. 30:6-30.1 et seq.), which requires state agencies and local political subdivisions to make a good faith effort to procure a specific percentage of goods and services through approved community rehabilitation programs for individuals who are blind or have severe disabilities.

Pursuant to N.J.A.C. 10:99-1.1 et seq. and as more fully set-forth in the regulations promulgated thereunder, the evaluation of a CNA’s Quote may take into consideration any additional administrative fees and expenses as may be contemplated by the Act.

Section 6.1 Price Fluctuation During Contract

Question: The base term for the contract us 4 years, with 3, one-year extensions based on with mutual consent at pricing at the rates in effect in the last year of this contract or rates more favorable to the State. Please clarify the price increase terms for the 4 year base term of the contract.

Answer: Please refer to the answer to Question Number 7 above.

Answer: The State intends to make contract awards under 26DPP01297 as soon as possible. A contract start date and end date will be determined after the Notice of Intent to Award letters are issued and the protest period has ended.

Section 8.16 of the Bid Solicitation states, in pertinent part, “Contract awards will be made with reasonable promptness by written notice to those responsible Bidder(s), whose Quote(s), conforming to this Bid Solicitation, are most advantageous to the State, price, and other factors considered. Any or all Quotes may be rejected when the State Treasurer or the Director determines that it is in the public interest to do so. Contract awards will be publicly posted under the relevant Contract number and available on NJSTART”.

It is the responsibility of the Contractor to plan and ensure that inventory is stocked for the awarded Groups and/ or price lines as soon as the contracts are released in NJSTART.

State of New Jersey Combined Standard Terms and Conditions, Section 6.1 Price Fluctuation During Contract

Question: Due to market volatility, could you detail the pricing terms and any cost-adjustment mechanisms for the 4-year base contract?

Answer: All price adjustments are governed by Section 6.1 of the State Standard Terms and Conditions. Please refer to the answer in Question Number 7 above.

Answer: Hot Cups must be a solid color or, at most, a modest Café design. No branding or logos shall be permitted.

Section 4.1 of the Bid Solicitation states, in pertinent part,

· Color: Hot Cups must be a solid overall color (white preferred) and may have a print design.

Bid Solicitation Section 4.1, Price Line 18 ‘Color’ has been revised. Please refer to Part 2 of this Bid Amendment and the revised Bid Solicitation titled “T0012 26DPP01267 Revised Bid Solicitation 8.14.2026”.

Answer: No, shipping containers will not be accepted, only standard delivery trucks are accepted for deliveries to the warehouse.

Answer: The table in Bid Solicitation Section 4.10 has been updated to include a column to show what items are available as full truckload deliveries to DSS.

Please refer to Part 2 of this Bid Amendment and the revised Bid Solicitation titled “T0012 26DPP01267 Revised Bid Solicitation 8.14.2026”

Bidders are reminded of the following, as stated in Bid Solicitation Section 4.10:

“The estimated quantities listed above are based on prior DSS purchases/spend patterns and are to be used for informational purposes only. The estimated quantities shall not be construed as either the maximum or minimum amount which the State shall be obligated to order during the term of the Contract.

IMPORTANT: Bidders must not indicate any minimum order quantities or amounts, minimum order dollar thresholds or the like on the State-Supplied Price Sheet or with the Bid Solicitation. Any such deviation on a given price line(s) shall render the Bidder’s Quote non-responsive for those price line(s) and any group(s) those price line(s) are part of.”

Cost and performance differ widely between non-coated paper, coated paper, and bagasse/fiber plates. Please confirm if non-coated paper plates will satisfy the requirements for this line item.

Answer: No, non-Coated plates are not acceptable and will not be considered.

Bid Solicitation Section 4.1, Price Line 16 ‘Main Materials’ has been revised. The Item Description has also been updated to include the word ‘Coated’ in Bid Solicitation Sections 1.1, 3.36, and in the State-Supplied Price Sheet description for Price Line 16. Please refer to Part 2 of this Bid Amendment and the revised Bid Solicitation titled “T0012 26DPP01267 Revised Bid Solicitation 8.14.2026”.

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

Answer: The Approved Products listed in Bid Solicitation Section 4.1 have been determined to be recyclable and/or biodegradable. These products are manufactured with recycled content. Bidders must submit quotes for products that meet the specifications within the Bid Solicitation.

Section 3.21 of the Bid Solicitation states:

“The Bidder shall certify on the State-Supplied Price Sheet that the item(s) offered in response to this Bid Solicitation conform to the significant factors and subfactors that establish the requirements and specifications set forth in the Bid Solicitation. This includes all USDA, EPA and FDA requirements outlined in this Bid Solicitation.”

Additionally, Section 4.1 of the Bid Solicitation states, in pertinent part:

“The Approved Products identified herein have been deemed by the State to meet all specifications however, any products that meet the specifications will be considered as Equivalent Products.”

Section 9.2 of the Bid Solicitation defines Approved Products as:

“Those products that have been identified in Bid Solicitation as meeting Using Agency needs and confirmed as meeting product specifications.”

4.1 Product Specifications, and 9.2 Definitions

Question: Each of the twenty six (26) Price Lines that constitute the entirety of "Group 1", "Group 2", and the "Individual Price Lines" references one or more "Approved Products". In a number of cases, the "approved products" are products exclusive to one and only one seller, the item being a private label item of that seller. Examples include Price Line 6, Chef's Supply # CSIPLATE6UC, and Price Line 7, Victoria Bay- Mfg. ID # 307006. With that, a precedent by the State has been set of establishing private brand products as acceptable to the State. With that in mind, if we had private brand products that met the physical specs of the item listed by the State that aren't specifically called out as approved, if we sampled those items for the State prior to the bid opening, could we get those items added as approved?

Answer: Bidders can offer equivalent products as long as they meet the specifications of the Bid Solicitation. A product sample is not required.

Section 3.36, Step 5 of the Bid Solicitation states, “Step 5 – The Bidder shall enter the initials of the Authorized Representative as confirmation that the offered product meets the significant factors and subfactors of the Bid Solicitation's requirements for the subject Price Line. These initials are required regardless of whether or not the product bid is an Approved Product or an Equivalent Product.”

Section 4.1 of the Bid Solicitation states, in pertinent part, “The Approved Products identified herein have been deemed by the State to meet all specifications however, any products that meet the specifications will be considered as Equivalent Products.”

Section 9.2 of the Bid Solicitation defines Equivalent Products as:

“Equivalent Products – Products offered other than those identified as an Approved Product in this Bid Solicitation that meet the specifications herein. Equivalent Products will be evaluated to ensure that they meet all technical, nutritional, and packaging specifications herein as part of the Quote evaluation process.”

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

Answer: Bidders are not required to bid on all individual price lines, price lines 5 through 26, on the State-Supplied Price Sheet in order to be considered responsive. A Bidder may bid on one, some or all individual price lines.

Sections 3.36 and 8.9.2 of the Bid Solicitation states, in pertinent part:

“For Individual Price Lines 5 through 26:

For the Individual Price Lines, the Division intends to make one (1) Contract award for each Price Line, in accordance with Bid Solicitation Sections 8.9 and 8.16.

A Bidder may bid on one, some or all Individual Price Lines. A Bidder is not required to bid on all Individual Price Lines on the State-Supplied Price Sheet in order for its Quote to be considered responsive.”

Section 6.1 Price Fluctuation During Contract, Question: Clarification is requested regarding pricing for this Bid Solicitation. Since the contract term is four (4) years, are the unit prices submitted on the State-Supplied Price Sheet required to remain fixed for the entire contract term, or does the State allow price adjustments during the contract period under any circumstances?

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

Answer: Please refer to answer in Question Number 7 above.

Bid Solicitation #26DPP01297

Part 2 – Revisions to the Bid Solicitation

Please refer to the Revised Bid Solicitation titled “T0012 26DPP01297 Revised Bid Solicitation 8.14.2026” and the Revised State-Supplied Price Sheet titled “T0012 26DPP01297 Revised State-Supplied Price Sheet 8.14.2026” in the Attachments tab in NJSTART.

Section Reference Revision

“Plates, Food, 8.25 Inch Diameter Min. to 9.5 inch Diameter Max., Flat, Round, Coated, White or Natural, Non-Styrofoam, Made from Paper or Fiber Materials Only, Recyclable or Biodegradable Items, Must be Packaged as 400 to 500 per Case”

“IMPORTANT NJSTART VENDOR PROFILE INFORMATION:

Bidders are urged to check their NJSTART profile promptly and periodically to confirm that their account is up to date and that all contact information is current and accurate. Access to the NJSTART profile is required in order to submit a Quote.

The Division estimates that it can take up to two weeks to process a Bidder’s request for access to their NJSTART profile from the date the request is submitted. Vendors needing help to access their company’s NJSTART profile/account should use the link below:

NJSTART Vendor Support Portal

To register your firm in NJSTART system for the first time:

Visit www.njstart.gov and click on "Supplier Registration" to start the process. More information can be found in the NJSTART "Vendor Registration" guide by clicking on the “VENDOR QUICK REFERENCE GUIDES” tab at NJSTART Vendor Support page. You should also watch the "Registration Video" located on the Welcome page of the NJSTART Vendor Support page.

PLEASE NOTE: Bidders are responsible for, control and maintain all of your company’s information on NJSTART, including all Bidder contact information, addresses, commodity codes, and any other relevant information. (Please see Bid Solicitation Section 3.2 Bidder Responsibility).

IMPORTANT NOTICE: Please be advised that any exceptions to the State of New Jersey Combined Standard Terms and Conditions that are not accepted or revised by the Division of Purchase and Property as a result of the Electronic Question and Answer Period and the subsequent Bid Amendment will not be considered. If a Bidder submits any type of exception to the State of New Jersey Combined Standard Terms and Conditions with their Quote, whether through redlined revisions or any other method, the Bidder’s Quote will be deemed non-responsive in its entirety.”

“Plates, Food, 8.25 Inch Diameter Min. to 9.5 inch Diameter Max., Flat, Round, Coated, White or Natural, Non-Styrofoam, Made from Paper or Fiber Materials Only, Recyclable or Biodegradable Items, Must be Packaged as 400 to 500 per Case”

The word ‘Coated’ has been added to the Description in Section 4.1, Price Line 16, as follows (emphasis added in bold):

“Plates, Food, 8.25 Inch Diameter Min. to 9.5 inch Diameter Max., Flat, Round, Coated, White or Natural, Non-Styrofoam, Made from Paper or Fiber Materials Only, Recyclable or Biodegradable Items, Must be Packaged as 400 to 500 per Case”

The ‘Main Materials’ specification within Section 4.1, Price Line 16 has been revised as follows (note strikethrough):

Main Materials: Plates must be made from the following Recyclable or Biodegradable materials only: Paper Material (Coated or Non-Coated); and Bagasse Material or Mixed Plant Fibers.

“Color: Hot Cups must be a solid overall color (white preferred) and may have a print design. No branding or logos shall be permitted.”

- Contents (industry standard item description); and/or statement of identity.

- The State issued contract Number or Purchase Order Number and/or Pack Date.

- “Expiration”, “Sell By”, “Use By”, or “Best By” dates or similar reference.

Requests for price list updates shall be limited to the category of product that a Contractor is awarded and shall meet the definition/requirements of the category. The file name should contain the Contract number and date of the revised price list. The Contractor must provide the revised price list for the specific category awarded to the procurement via email, in pdf or Excel format. The correspondence to the Division with the revised price list shall reference the location of the specific price line that has been revised. The revised price list will not be considered valid until it has been reviewed and approved by the Procurement Bureau and published in NJSTART.

The following statement has been added to Bid Solicitation Section 4.9:

“Not applicable to this procurement.”

The following statement has been added to the first paragraph:

The chart also includes the items where full truckload quantities are acceptable:

The table has been updated to include a column to show what items are available as full truckload deliveries to DSS:

Full Truckload Deliveries Accepted by DSS?

Group 1 – Price Lines 1 and 2

Group 2 – Price Lines 3 and 4

5,464 Cases (1,000 count) 800 Cases (500 count) 400 Cases (1,000 count)

No

2,700 Cases (1,000 count) 600 Cases (500 count) 300 Cases (1,000 count)

No

Individual Price Lines – Price Lines 5 through 26

No

2,100 Cases (2,500 count) 350 Cases (1,200 count) 350 Cases (2,500 count)

No

2,400 Cases (2,000 count) 400 Cases (1,000 count) 400 Cases (2,000 count)

No

18,000 Cases (4-piece kit) 800 Cases (3-piece kit) 900 Cases (4-piece kit) No

“Plates, Food, 8.25 Inch Diameter Min. to 9.5 inch Diameter Max., Flat, Round, Coated, White or Natural, Non-Styrofoam, Made from Paper or Fiber Materials Only, Recyclable or Biodegradable Items, Must be Packaged as 400 to 500 per Case”

“Plates, Food, 8.25 Inch Diameter Min. to 9.5 inch Diameter Max., Flat, Round, Coated, White or Natural, Non-Styrofoam, Made from Paper or Fiber Materials Only, Recyclable or Biodegradable Items, Must be Packaged as 400 to 500 per Case”

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