T0012S Amendment 1 5.23.22~1.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

May 23, 2022

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 22DPP00741 Bid Solicitation: T0012S: Food Service Items, Disposable, Recyclable, for DSS- Supplemental

Bid Amendment #1

The following constitutes Bid Amendment #1 to the above referenced Bid Solicitation:

· This Bid Amendment includes answers to questions

· Revisions to the Bid Solicitation. Please refer to “T0012S Revised Bid Solicitation 5.23.22” for all additions, deletions, clarifications and modifications.

· Revisions to the State-Supplied Price Sheet. Please refer to “T0012S Revised Price Sheet 5.23.22” for all additions, deletions, clarifications and modifications.

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: # 22DPP00741 T0012S: Food Service Items, Disposable, Recyclable, for DSS- Supplemental Answers to Questions

Section Reference Question (Bolded) and Answer

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

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Answer: 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.

Answer: As stated in Bid Solicitation Section 2.2, "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)."

Answer: If your firms small business status is listed as Expired or Revoked by the DORES Small Business Registration and MWBE Certification Services Unit at the date the Quote is received and opened, the Quotes submitted by your firm for Category 1 and 2 will not be evaluated as coming from a responsive qualifying small business. As stated in Bid Solicitation Section 8.9.2: It is the States intent to award Contracts for Categories 1 and 2 to each responsive qualifying small business registered and approved with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit at the time of Quote opening. However, if no responsive Quotes offering reasonable pricing are received from qualifying small businesses for Categories 1 and 2, the State may award a Contract to any responsive Vendor {Bidder}. Accordingly, if no responsive Quotes offering reasonable pricing are received from qualifying small businesses for Categories 1 and 2, the state will evaluate Quotes received from firms whose small business status is listed as Expired or Revoked with the Division of Revenue and Enterprise Services, Small Business Registration and MWBE Certification Services Unit on the date the Quote is received and opened.

Answer: By clicking on the below link, you will be directed to the New Jersey Department of the Treasury, Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit. Here you can login to your account or apply for certification: https://www.nj.gov/njbusiness/contracting/sbsa/

What is the Pallet height from floor for non-refrigerated pallets?

Answer: Per the Using Agency, full pallets must be broken down to a height not to exceed 65 inches including pallet to meet DSS requirements for non-refrigerated storage by the carrier driver.

Please refer to the revised Bid Solicitation titled “T0012S Revised Bid Solicitation 5.23.22”.

Will you consider allowing price escalation terms justified with industry trends to keep the prices in line with the current market prices? The supplier and distributors will be able to fulfil the contract with more confidence.

Answer:

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

Additionally, please note that the base Contract term is for a period of three (3) years, and may be extended for up to three (3) years, with no extension exceeding one (1) year. As per Bid Solicitation Section 5.1, Contract Term and Extension Option, which states in pertinent part, “The base term of this Contract shall be for a period of three (3) years.” and “This Contract may be extended up to three (3) years with no single extension exceeding one (1) year, by the mutual written consent of the Contractor and the Director at the same terms, conditions, and pricing at the rates in effect in the last year of this Contract or rates more favorable to the State.”

Please note that the Contract transition clause is NOT included in the base term or optional extensions referenced in Bid Solicitation Section 5.1, Contract Term and Extension Option. As per Bid Solicitation Section 5.2, Contract Transition which states, “In the event that a new Contract has not been awarded prior to the expiration date for this Contract, including any extensions exercised, and the State exercises this Contract transition, the Contractor shall continue this Contract under the same terms, conditions, and pricing until a new Contract can be completely operational. At no time shall this transition period extend more than 180 calendar days beyond the expiration date of this Contract, including any extensions exercised.”

Dart - Solo # MP9R-J8001 may not be 100% recyclable because of lamination and is not biodegradable.

Answer: The technical specifications in Section 4.1 for Price Lines 1, 3, 6 and 7 have been revised. Please refer to the revised Bid Solicitation titled “T0012S Revised Bid Solicitation 5.23.22”.

The specifications do not state that these products need to be 100% recyclable.

Please refer to Bid Solicitation Section 9. The definition of “should” reads: “Should – Denotes that which is permissible or recommended, not mandatory.”

Based on the above definition, these products being biodegradable and recyclable is not a mandatory requirement. If a product offered is made from recycled material, but is not 100% recyclable, it will still be considered responsive for that specification.

Answer: No. Please see revised estimated quantities for Price Lines 5, 6, 7 and 8.

Please refer to the revised Bid Solicitation titled “T0012S Revised Bid Solicitation 5.23.22.”

Will you be choosing just one of the 2 products?

Answer: Contracts will be awarded as per Bid Solicitation Section 8.19, Contract Award, which states in pertinent part, “The State intends to make Contract awards in accordance with Section 8.9 of this Bid Solicitation as follows:

• One award for Group 1 (sum of Price Lines 1 and 2).

• One award for Group 2 (sum of Price Lines 3 and 4).

• Individual awards for Price Lines 5 through 13.”

Furthermore, product purchases by the Using Agency are made on an as-needed basis. As per Bid Solicitation Section 4.11, “The State makes no guarantees of Blanket P.O. usage or total quantities ordered during the Blanket P.O. term, including any extension(s) thereof. The State reserves the right to increase, decrease or eliminate quantities in their entirety. Product ordering is on an as-needed basis and may vary.”

Please refer to the revised Bid Solicitation titled “T0012S Revised Bid Solicitation 5.23.22”.

Keeping the ongoing supply chain issues in mind, will a 3-compartment tray with the following dimensions considered compliant with the bid specs: Length 8.50 inches, Width 7.83 inches, Height 3.15 inches. The calculated volume of 209.65 cu. inches meets the volume specs for the tray. Note that the width is 0.27 inch shorter than the minimum width, while length is 0.4 inch more than the minimum width and the height is 0.35 inch taller than the minimum height. The shape of the tray is very similar to the tray meeting the minimum dimensions requirement, while the volume is 45.62 cu. inched more than the minimum volume.

Answer: All products offered in response to this Bid Solicitation must meet the specifications listed in Section 4.1.

Please note that the technical requirements for Price Line 7 and Price line 8 have been revised.

Bid Solicitation Section 3.19 states, in part: “Bidders should submit with its Quote specification data sheets for all Equivalent Products bid. The specification data sheets must document that its product bid meets or exceeds the requirements of the Bid Solicitation specifications.

Bidders offering Approved Products identified in this Bid Solicitation are not required to submit specification data sheets for those Approved Products only. However, all required information identified on the State-Supplied Price Sheet and outlined in Bid Solicitation Section 4.0 as necessary to confirm specification conformance must be provided.”

Please refer to the revised Bid Solicitation titled “T0012S Revised Bid Solicitation 5.23.22.”

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