T0046 Bid Amendment 5 10.24.24.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

October 24, 2024

To: All Interested Bidders

Re: Bid Solicitation # 24DPP00943 T0046 Protective Clothing, Apparel and Footwear – Statewide

REVISED Quote Submission Due Date: November 8, 2024 (2:00 p.m. Eastern Time)

Bid Amendment #5

The following constitutes Bid Amendment #5 to the above referenced Bid Solicitation:

This Bid Amendment includes:

· Answers to questions from the Electronic Question and Answer Period that concluded on September 11, 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.

Bid Solicitation #24DPP00943 T0046 Protective Clothing, Apparel and Footwear – Statewide

Part 1 - Answers to Questions

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

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.

Bid Solicitation Section 3.17 Question: Is a Bidder required to provide the completed and signed Affidavit of Apparel Production form with the Quote?

Answer: Yes, Bidders are required to provide, with its Quote, the completed and signed Affidavit of Apparel Production form as indicated in Bid Solicitation Section 3.17. Bid Solicitation Section 3.17 states: “This Bid Solicitation requests Quotes for Apparel. N.J.S.A. 34:6-158 et seq. states purchases by the State are to be produced in production facilities within the United States and that such production facilities meet certain minimum requirements. The Bidder should submit the Affidavit of Apparel Production, in its entirety, at the time that the Bidder submits the Quote.”

Bid Solicitation Section 3.8 and Section 3.9

Question: For the SBE or DVOB set-aside, what happens if I submit a Quote, but my firm's SBE or DVOB 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? Will my Quote be considered for the SBE or DVOB set-aside?

Answer: If your firm's SBE or DVOB 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 Quote submitted by your firm will not be evaluated as coming from a responsive qualifying SBE or DVOB. As stated in Bid Solicitation Section 3.8 Small Business Set-Aside Contract: The Bidder must be registered as a qualified small business with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit, by the date the Quote is received and opened.

Also stated in Bid Solicitation Section 3.9 Disabled Veterans Business Set-Aside Contract: The Bidder must be registered as a qualified Disabled Veterans Business with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit by the date the Quote is received and opened.

Question: For the SBE and DVOB set-aside, how can I check if my business is registered and approved as an SBE or DVOB with the Division of Revenue and Enterprise Services? Can I apply online?

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. To verify the current SBE or DVOB status of your firms account or for instructions to apply online for SBE and/or DVOB certification, please visit: https://www.nj.gov/treasury/revenue/business-cert-program.shtml

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

Answer: As part of this procurement’s Contract award, the Division will not be uploading any product catalogs/price lists to the Contracts in NJSTART. The submission of product catalogs/price lists, as stated in Bid Solicitation Section 3.24, are for evaluation purposes only, to verify that the Bidder is able to provide products for the category bid. Once Contract awards are made, the Division will not publish any product catalog/price lists to NJSTART. However, Contractors will be required to provide the latest product catalog/price list to the Using Agency as part of the mini-bid/quote process outlined in Bid Solicitation Section 4.8.

Bid Solicitation Section 4.7 states, in pertinent part (emphasis added in bold): “Note: A Contractor must, upon request, provide the Using Agency with the most recent version of the price list for the contracted brand and price lists for personalization and customization (if applicable) during the mini-bid process.”

For this procurement, the Division has eliminated the publication and constant yearly updating of product catalogs/price lists under the Contract. Instead, Contractors are expected to provide Using Agencies with the latest product catalog/price list with current pricing at the time of mini-bid process (Bid Solicitation Section 4.18).

If a Contractor is requesting that its contracted percentage discount or markup be changed during the Contract term or any extension(s) thereof, the Contractor would make that request to the Division’s Procurement Specialist of record for T0046, in accordance with New Jersey Standard Terms and Conditions Section 6.1 (Price Fluctuation During Contract).

New Jersey Standard Terms and Conditions Section 6.1 (Price Fluctuation During Contract) states: “Unless otherwise agreed to in writing by the State, all prices quoted shall be firm through issuance of contract or purchase order and shall not be subject to increase during the period of the contract. In the event of a manufacturer's or contractor's price decrease during the contract period, the State shall receive the full benefit of such price reduction on any undelivered purchase order and on any subsequent order placed during the contract period. The Director must be notified, in writing, of any price reduction within five (5) days of the effective date. Failure to report price reductions may result in cancellation of contract for cause, pursuant to provision 5.7(b)1.

In an exceptional situation the State may consider a price adjustment. Requests for price adjustments must include justification and documentation.”

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

Answer: There are no specific part numbers and quantities listed in this Bid Solicitation. The purpose of this Bid Solicitation is for the Bidder to provide a comprehensive product catalog/price list that contains products associated with the given category and brand bid. The Bidder shall submit a firm, fixed percentage (%) discount or markup from the price contained in the product catalog/price list. The Bidder shall not submit fixed pricing for individual items (individual item pricing), including pricing based on size, on the State-Supplied Price Sheet.

Bid Solicitation Section 4.1 states, in pertinent part: “A list of Approved Brands has been established for this Contract and are listed in the table below under the ‘Brand’ column. This Approved Brands list was promulgated based on Using Agency feedback regarding brands required for their everyday, ongoing applications/operations. Bidders may offer Equivalent Brands for Categories 1 through 5, using the price lines at the end of each category, as detailed in the table below, and as listed on the State-Supplied Price Sheet titled ‘Equivalent Brand’.

Products offered must only be for the categories identified below. No other categories of protective clothing, apparel and footwear will be considered as part of this Bid Solicitation. All products offered in a category shall meet the definition and requirements of that category.

Contractors are advised that Using Agencies will utilize catalog pricing and/or price lists in accordance with the Method of Operation to be promulgated to Using Agencies following Contract award. This Method of Operation will provide Using Agencies with an opportunity to evaluate the total cost of products sought and select the most cost effective Contractor.”

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

Answer: One Affidavit of Apparel Production is required from each Bidder.

The Bidder must list all locations of production for all items bid on the Affidavit of Apparel Production. As stated in Bid Solicitation Section 3.36 states, “For all brands and models bid, the Bidder must provide the Affidavit of Apparel Production Form consistent with Bid Solicitation Section 3.17.”

Bid Solicitation Section 3.17 states, “This Bid Solicitation requests Quotes for Apparel. N.J.S.A. 34:6-158 et seq. states purchases by the State are to be produced in production facilities within the United States and that such production facilities meet certain minimum requirements. The Bidder should submit the Affidavit of Apparel Production, in its entirety, at the time that the Bidder submits the Quote. If the Bidder does not submit the Affidavit of Apparel Production with the Quote, the State may require the Bidder to submit it. If the Bidder fails to comply with the State’s request for submission of the Affidavit of Apparel Production within five (5) business days, the State may deem the Quote non-responsive.”

Please note that the Affidavit of Apparel Product form must be notarized.

Answer: Please see the answer to question number 8 above.

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

Answer: An account is not required to access the current active Blankets/Contracts. As per Bid Solicitation Section 1.2, they are located on the WWW.NJSTART.GOV homepage under “Active Blankets”. Then select “Blankets” from the drop down menu in the search bar, enter T0046 in the search bar, and click the magnifying glass icon. The current active T0046 Blankets/Contracts will appear under “Results”.

If a Bidder continues to experience issues, they should reach out to the NJSTART Vendor Support by e-mail at njstart@treas.nj.gov or by phone at (609) 341-3500.

NJSTART Vendor Support is for system questions only and not a means to ask additional questions regarding the Bid Solicitation/procurement. Any questions regarding the Bid Solicitation received through this e-mail will not be addressed, as the Q&A period for this procurement is closed.

Note: This question has been paraphrased in the interest of readability and clarity. This exact question was asked twice in NJSTART and is only mentioned once herein.

Answer: 1. There is not a list that details all of the State Agency and Cooperative Purchasing locations that are permitted to purchase from this Contract. The items will be delivered to various locations, as this Contract is Statewide and open to Cooperative Purchasing Participants.

Bid Solicitation Section 4.2 states in pertinent part (emphasis added in bold): “The Contractor shall be required to deliver products to Using Agencies on an as-needed basis. The Contractor shall make arrangements for delivery of products upon receipt of a purchase order. All products must be delivered in accordance with the Contractor’s delivery schedule and in strict accordance with the instructions from the Using Agency.”

Bid Solicitation Section 4.2 further states in pertinent part (emphasis added in bold): “All deliveries must be made as instructed by the Using Agency, during working hours, except on legal holidays. Contractors shall follow any special delivery instructions on the purchase order, as required by Using Agencies to comply with Using Agency operations.”

Answer: 2. There are not any minimum purchase/order amounts associated with this procurement, nor should the Bidder implement any as part of its Quote submission.

Bid Solicitation Section 3.24 states, in pertinent part (emphasis added in bold): “The Bidder acknowledges that any references to, minimum orders, brand/manufacturers additional terms and conditions, order threshold charges, price escalation clauses, sales or other applicable taxes, manufacturers additional terms and conditions, shipping point limitations, and shipping charges, contained in the preprinted price lists, catalogs, and/or literature, shall not apply to this Bid Solicitation and any Contract award.”

Bid Solicitation Section 4.2 states in pertinent part (emphasis added in bold): “The State will order any quantity necessary to meet its requirements. No guarantee is made by the State to purchase any amount of product from any Contractor. The State guarantees neither minimum, nor average, nor maximum quantities per order, nor total quantity during the Contract term, including any extension(s) thereof.”

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

Answer: No.

Bid Solicitation Section 1.1 Purpose and Intent states, “Bidders may bid on one, several, or all Categories and price lines on the State-Supplied Price Sheet. Bidders are not required to bid on all Categories and/or price lines on the State-Supplied Price Sheet in order to be considered responsive.”

Bid Solicitation Sections 1.1 and 8.9.2 Question: How should a manufacturer fill out the Affidavit of Apparel Production Form for Question #5 "All Apparel production will be performed in the United States" if some of these products are manufactured here in the USA? Yes or No? If they check off ‘No’, will this disqualify them from the bid?

Answer: The State cannot give legal advice or guidance to any Bidder. The Bidder’s are advised to review the requirements set forth in N.J.S.A. 34:6-158 et seq.

With respect to products made in or outside of the USA, awards will be made as per Bid Solicitation Section 1.1 and Section 8.9.2, which states in part, “A Contract for Apparel Production outside of the U.S. will only be awarded if there is no responsive Quote received for Apparel Production within the U.S. and the Commissioner of Labor or designee determines that it is not possible for the State to obtain Apparel produced in the United States which meets the necessary requirements of the State.”

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

Answer: No, the Manufacturer’s Certificate (Bid Solicitation Section 3.22), herein referred to as ‘Manufacturer’s Certification’, and the Affidavit of Apparel Production (Bid Solicitation Sections 3.17) are not the same requirement and should be considered as separate Quote submissions. The Affidavit of Apparel Production should be submitted with the Quote but will be requested if it is not submitted with the Quote. The Manufacturer’s Certificate will only be required upon the State’s request for it.

Bid Solicitation Section 3.17 states (emphasis added in bold): “This Bid Solicitation requests Quotes for Apparel. N.J.S.A. 34:6-158 et seq. states purchases by the State are to be produced in production facilities within the United States and that such production facilities meet certain minimum requirements. The Bidder should submit the Affidavit of Apparel Production, in its entirety, at the time that the Bidder submits the Quote. If the Bidder does not submit the Affidavit of Apparel Production with the Quote, the State may require the Bidder to submit it. If the Bidder fails to comply with the State’s request for submission of the Affidavit of Apparel Production within five (5) business days, the State may deem the Quote non-responsive.”

Bid Solicitation Section 3.22 (Manufacturer’s Certification) states (emphasis added in bold): “Upon the State’s request, the Bidder should submit a letter of certification from the manufacturer whose product is supplied, certifying that the Bidder is authorized by the manufacturer to supply the good(s) specified. The certification must indicate that the Bidder was authorized by the manufacturer to supply the good(s) specified as of the Quote Opening Date. The State reserves the right to request such certification and to require that such certification be provided within five (5) business days from the time it is requested.”

Question: Is the Manufacturer’s Certification required together with the Affidavit of Apparel?

Answer: No.

Answer: Please refer to the answer provided in Question number 8 above.

Answer: Please refer to the answer provided in Question number 8 above.

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