T0103 Bid Amendment 1 10.23.23.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 23, 2023

To: All Interested Bidders

Re: Bid Solicitation # 23DPP00902 T0103 Park and Playground Equipment - Statewide

Quote Submission Due Date: November 15, 2023 (2:00 p.m. Eastern Time)

Bid Amendment #1

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

· This Bid Amendment includes answers to questions; and

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation entitled “T0103 Revised Bid Solicitation 10.23.2023”.

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 #23DPP00902 T0103 Park and Playground Equipment - Statewide

Answers to Questions

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

Section Reference Question (Bolded) and Answer

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.

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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.

Specification Conformance Certification

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.”

Manufacturer’s Certification

Do the manufacturer’s certification letters need to be submitted with the bid/quote or only if requested upon award?

Answer: The manufacturer’s certification letters only need to be provided if requested by the State.

As stated in Bid Solicitation Section 3.22: “Upon 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.”

Please see revision to Bid Solicitation 23DPP00902 entitled “T0103 Revised Bid Solicitation 10.23.2023.”

Contract Award

Section 4.11 Contract Method of Operation

While we represent multiple exclusive agreements we also carry many non exclusive brands. In the event that multiple businesses carry the same line, how does that work? Will only one be awarded? Will all be awarded?

Answer: All responsive Bidders will be awarded each brand offered per category/price line that meets the category description and requirements of the Bid Solicitation. Once awards are made, Using Agencies will conduct a mini-bid to select the lowest price Contractor.

Pursuant to the Bid Solicitation, Section 8.16; “It is the State’s intent to award Contracts to all responsive Bidders for each brand offered per category/price line that meets the category description and requirements of the Bid Solicitation.”

Moreover, Section 4.11 of the Bid Solicitation states, in part: “Using Agencies should select multiple brands offering products suitable to meet the Using Agency’s project requirements. Using Agencies should solicit mini-bid responses from all Contractors, or the Contractor’s authorized Dealers/Distributors (if applicable) awarded the brand(s) selected, taking into account the regions awarded for the contracted brands in relation to the Using Agency delivery location.

Using Agencies are advised that multiple Contractors may be awarded the same brand. As such, Using Agencies shall solicit mini-bid responses from all Contractors or the Contractor’s authorized Dealers/Distributors (if applicable) awarded the brand required, as applicable, while ensuring that they are taking into account the regions awarded under the Contract for the contracted brand in relation to the Using Agency delivery location. The Using Agency shall establish the date and time for all Contractors or the Contractor’s authorized Dealers/Distributors to respond to the mini-bid request and inform all Contractors/Dealers/Distributors of the same. All selected Contractors or the Contractor’s authorized Dealers/Distributors shall respond to the mini-bid request with a pricing response or a “no bid” response.

The Using Agency shall utilize the Contractor offering the lowest price for the product required. The Using Agency may bypass the Contractor offering the lowest price for the product required only when that Contractor is not able to provide the requested product, when the Contractor cannot meet its contracted delivery commitment.”

Will this replace the current contract that has been extended to 5/30/2024?

Answer: The Contracts awarded through Bid Solicitation #23DPP00902 will replace the current contract once it expires.

State-Supplied Price Sheet Instructions

If a Bidder has more than one brand but different price line/category number can they use one sheet? Or each brand and each category need its own price sheet?

Answer: The Bureau has no preference on how the price sheet is submitted for the brand bid. Bidders are reminded of the instructions in Bid Solicitation Section 3.36.

Section 3.36 of the Bid Solicitation states: “A Bidder may bid multiple product brands for a given category/price line. A Bidder should copy the State-Supplied Price Sheet and complete it for each brand bid. As an alternative, a Bidder may add tabs at the bottom of the State-Supplied Price Sheet for each additional brand offered within the Category/Price Line (by copying the text and information from the original Price Sheet). The Bidder must follow all instructions and provide all required information contained within Bid Solicitation Section 3.36 for each additional brand offered.”

Price List and/or Catalog

Do you know if we still need to segment the price lists?

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

Answer: Price lists may be consolidated for one brand that can serve several categories; however, the price list must clearly indicate which products and/or pages correspond to the categories bid. Price lists may also be labeled by brand and categories bid. For example, a potential Bidder may submit one price list for ACME brand and indicate that ACME brand can serve price line categories 1, 3 and 5.

Section 3.24 of the Bid Solicitation, in part, states: “A Bidder should submit a preprinted price list or catalog for each category and brand bid. The price list and/or catalog submitted must clearly indicate the products and brands offered and the firm, fixed pricing associated with the products, such that the applicable Bid Solicitation category/price line may be determined.

To avoid any confusion, the price list provided by the Bidder for the brand(s) bid should only contain one price column, to which the discount or markup bid on the State-Supplied Price Sheet will be applied.

A Bidder must redact those products which do not apply to the category bid. In lieu of redacting a price list, a Bidder may choose to offer only the pages of the price list that correspond with the category bid.

If a price list is not published, then the prices listed on the Bidder’s letterhead, dated and with authorized signature are acceptable. The letter should include the Bid Solicitation number.”

If we submit our current prices with the bid and then undergo a company-wide price increase in the new year, will we be able to submit a price increase before the contract goes live or will we have to wait for an entire contract year to do an update?

Answer: The Bureau intends to send correspondence to all proposed awardees requesting the latest price lists for the brands proposed for award prior to the issuance and publication of the State Contract in NJSTART. The aforementioned correspondence will be sent after the issuance of Notice of Intent to Award letters.

Price Evaluation

Section 8.16 Contract Award

Section 4.11 Contract Method of Operation

Can multiple vendors represent the same single manufacturer assuming both vendors have the appropriate manufacturer’s certification as detailed in section 3.22?

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

Answer: Yes. As stated in Bid Solicitation Section 8.9.2, all responsive Bidders will be awarded each brand offered per category/price line that meets the category description and requirements of the Bid Solicitation.

To follow up on that, if yes, can the vendors have the same products on contract?

Answer: Yes.

Please see Section 4.11 and Section 8.16 of the Bid Solicitation.

Pricing Updates

All of our manufacturers update prices at different times throughout the year. Please provide a more precise definition and example of the rolling 12-month price update provision.

Answer: Each brand can be updated once per a twelve (12) month period. As an example, brand ACME can be updated in July 2024 and again in July 2025 while brand WXYZ can updated in October 2024 and again in October 2025.

Section 4.10 of the Bid Solicitation states: “The Contractor may request a price list update for each contracted brand once during a rolling twelve (12) month period. If a Contractor has been awarded more than one (1) brand, each brand may be updated at different times during a rolling twelve (12) month period, but in no event shall a Contractor update a single awarded brand more than one (1) time during a rolling twelve (12) month period.”

Regional Jurisdiction

Section 4.1.1 states, “If the manufactuer’s list of areas covered under each region does not agree with the list above, the Contractor shall provide the manufacturer’s list of areas covered under each region.” How do we present/ submit those areas not covered within the county regions? Specifically, County municipalities including a township, city department or borough?

Answer: Bidders should submit with their Quote a letter as a separate attachment, from the manufacturer detailing what areas within a particular region that they can serve.

Please refer to Section 4.1.1 of the Bid Solicitation, which states, in part: “If requested, the Contractor shall provide manufacturer's certification listing all areas covered under each region. If deemed in the best interest of the State, the manufacturer's list of areas covered under each region may be adopted, for the brand bid, superseding the list of areas specified above.”

Subcontractor Utilization Plan

Section 1.1 Purpose and Intent

Section 4.11 Contract Method of Operation

If no labor is allowed what is the subcontractor utilization plan 3.13.8 section for?

Answer: The purpose of Section 3.13.8 of the Bid Solicitation is to detail the procedure should a Contractor utilize a subcontractor. For example, Contractors may utilize Subcontractors for the delivery of equipment.

We supply Playground equipment, safety surfacing, site amenities, shelters and only utilize subcontractors for installation. Is this where we would list our installation subcontractors?

Answer: Installation is not included in this contract. Any installation services are to be arranged and addressed separately with the Using Agency.

Section 1.1 of the Bid Solicitation states: “This Bid Solicitation does not include installation associated with the equipment specified in Bid Solicitation Section 4.1. It will be the Using Agency’s responsibility to arrange for the installation of the equipment through a separate procurement channel/method.”

Section 4.11 of the Bid Solicitation, in part, states: “As a reminder, services, such as installation or repairs, are not covered under this term Contract. Any mini-bid response that includes services of any kind must be ignored. Any request for services related to the products ordered and delivered under this Contract must be procured separately and not as a part of this term Contract.”

Our 2024 suggested list price sheet will become effective on January 1, 2024, but will not be available by November 15, 2023. If awarded a blanket PO, will we have an opportunity to submit our 2024 prices? Will we then be able to update our pricing again in January 2025 when our prices will again be updated?

Answer: Please see the answer to question number 11 above.

Revisions to the Bid Solicitation

The following outlines the revision made to the Bid Solicitation.

Bid Solicitation Section Reference Revisions to the Bid Solicitation

3.22 Manufacturer’s Certification The Bid Solicitation has been revised as follows:

“Upon 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.”

Please see revision to Bid Solicitation 23DPP00902 entitled “T0103 Revised Bid Solicitation 10.23.2023.”

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