T0081 Bid Amendment 1 - Responses to QA 5.7.24.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

May 7, 2024

To: All Interested Bidders

Re: Bid Solicitation # 24DPP01006 T0081 Gases: Medical, Specialty and Industrial, Cylinders (for Purchase or Rental) and Related Equipment - Statewide

Bid Amendment #1

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

This Bid Amendment includes:

· Answers to questions from the Electronic Question and Answer Period that concluded on April 25, 2024; and

· Revision to the Bid Solicitation (from Part 2 of the Bid Amendment). Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled, “T0081 Revised Bid Solicitation 5.7.24”.

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 #24DPP01006 T0081 Gases: Medical, Specialty and Industrial, Cylinders (for Purchase or Rental) and Related Equipment - 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: Please be advised that all Quotes shall be submitted electronically through NJSTART.

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: 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 3.21 Is a Bidder required to provide the signed Specification Conformance Certification with the Quote?

Answer: Yes; Bidders are required to provide, with its Quote, the signed Specification Conformance Certification as indicated in Bid Solicitation Section 3.21. Bid Solicitation Section 3.21 states: “The Bidder shall submit with its Quote the Specification Conformance Form. By submitting this form, the Bidders certifies that all items offered in response to this Bid Solicitation conform to the requirements set forth in the Bid Solicitation.”

Bid Solicitation Section 5.11(B)

What is the Procurement Efficiency Program?

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

Answer: The Procurement Efficiency Program (PEP) was established through N.J.A.C. 17:12-1.5 to create a sustainable funding model for the State of New Jersey’s procurement operations. The PEP and related initiatives have been implemented in partnership with Periscope, an mdf commerce company. Periscope is collecting the PEP Fee on behalf of the State to fund State procurement and purchasing operations, support New Jersey Cooperative Purchasing Program buyers, and enable eProcurement through NJSTART.

Is the Procurement Efficiency Program (PEP) fee mandatory or can a Vendor opt out of the PEP fee to be provided to Periscope?

Answer: The Contractor(s) awarded for this Contract will participate in the Procurement Efficiency Program.

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

Answer: Please see the usage history/spend report for the current T0081 Contract, titled “Exhibit A to Bid Amendment #1” and published under the subject Bid Solicitation’s Attachments tab in NJSTART.

Section 4.2 of the State of New Jersey Standard Terms and Conditions For the “Certificate of Insurance / Acord” listed on page 1 of the State of New Jersey’s Standard Procurement Forms Packet, are there any specifics that needed to be included?

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

Answer: The State of New Jersey requires each Contractor to maintain, and provide proof of, insurance naming the State of New Jersey as an “Additional Insured” consistent with the terms in Section 4.2 of the State of New Jersey Standard Terms and Conditions.

Section 4.2 of the State of New Jersey Standard Terms and Conditions, in part, states: “The contractor shall secure and maintain in force for the term of the contract insurance as provided herein. All required insurance shall be provided by insurance companies with an A-VIII or better rating by A.M. Best & Company. All policies must be endorsed to provide 30 days’ written notice of cancellation or material change to the State of New Jersey at the address shown below. If the contractor’s insurer cannot provide 30 days written notice, then it will become the obligation of the contractor to provide the same. The contractor shall provide the State with current certificates of insurance for all coverages and renewals thereof. Renewal certificates shall be provided within 30 days of the expiration of the insurance. The contractor shall not begin to provide services or goods to the State until evidence of the required insurance is provided. The certificates of insurance shall indicate the contract number or purchase order number and title of the contract in the Description of Operations box and shall list the State of New Jersey, Department of the Treasury, Division of Purchase & Property, Contract Compliance & Audit Unit, P.O. Box 236, Trenton, New Jersey 08625 in the Certificate Holder box. The certificates and any notice of cancelation shall be emailed to the State at: ccau.certificate@treas.nj.gov

The insurance to be provided by the contractor shall be as follows:

A. Occurrence Form Commercial General Liability Insurance or its equivalent: The minimum limit of liability shall be $1,000,000 per occurrence as a combined single limit for bodily injury and property damage. The above required Commercial General Liability Insurance policy or its equivalent shall name the State, its officers, and employees as “Additional Insureds” and include the blanket additional insured endorsement or its equivalent. The coverage to be provided under these policies shall be at least as broad as that provided by the standard basic Commercial General Liability Insurance occurrence coverage forms or its equivalent currently in use in the State of New Jersey, which shall not be circumscribed by any endorsement limiting the breadth of coverage;

B. Automobile Liability Insurance which shall be written to cover any automobile used by the insured. Limits of liability for bodily injury and property damage shall not be less than $1,000,000 per occurrence as a combined single limit. The State must be named as an “Additional Insured” and a blanket additional insured endorsement or its equivalent must be provided when the services being procured involve vehicle use on the State’s behalf or on State controlled property;

C. Worker’s Compensation Insurance applicable to the laws of the State of New Jersey and Employers Liability Insurance with limits not less than:

1. $1,000,000 BODILY INJURY, EACH OCCURRENCE;

2. $1,000,000 DISEASE EACH EMPLOYEE; and

3. $1,000,000 DISEASE AGGREGATE LIMIT.

This $1,000,000 amount may be raised when deemed necessary by the Director.”

Bid Solicitation #24DPP01006 T0081 Gases: Medical, Specialty and Industrial, Cylinders (for Purchase or Rental) and Related Equipment - Statewide

Part 2 - Revision to the Bid Solicitation

Section Reference Revision

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