T0103 DPP1600019 Bid Amendment 1 Park and Playground Equipment~2.doc

CHRIS CHRISTIE

Governor

KIM GUADAGNO

Lt. Governor

DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE AND PROPERTY

PROCUREMENT BUREAU

PO BOX 230

TRENTON, NJ 08625-0230

FORD M. SCUDDER

Acting State Treasurer

JIGNASA DESAI-MCCLEARY

Director

July 5, 2016 To: All Interested Vendors {Bidders}

Re: Bid Solicitation {RFP}# 16DPP00019 (T-0103) – Park & Playground Equipment Quote {Proposal} Submission Due Date: July 15, 2016 (2:00 p.m.)

BID AMENDMENT {ADDENDUM} #1

The following constitutes Bid Amendment {Addendum} #1 to the above referenced Bid Solicitation {RFP}. This Bid Amendment {Addendum} is divided into the following parts:

Part 1: Answers to questions. (Pages 2 through 12) Part 2: Additions, deletions, clarifications and modifications to the Bid Solicitation {RFP}. (Pages 13 through 16.)

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 {RFP} and/or the New Jersey Standard Terms and Conditions relative to this Bid Solicitation {RFP} as set forth in all bid amendments {addenda}.

All other instructions, terms and conditions of the Bid Solicitation {RFP} shall remain the same.

PART 1

Park & Playground Equipment Proposal Number: 16DPP00019 (T-0103) Answers to Questions Note: Questions may have been paraphrased in the interest of readability and clarity. Questions are referenced by the appropriate Bid Solicitation {RFP} page number(s) and section(s) where applicable.

Section 1 of the Bidder Data Sheet requires a Vendor {Bidder} to list Blanket PO {Contract} awards issued to your firm by the State of New Jersey within the last three (3) years. Section 2 of the Bidder Data Sheet requires a Vendor {Bidder} to list Blanket POs {Contracts} of a similar size and scope performed within the last three (3) years; these Blanket POs {Contracts} should include, but are not limited to, Blanket POs {Contracts} with any other New Jersey entity (such as counties, school districts, etc.) or any other State or county or any other private entity. The Vendor {Bidder} can provide these references on an additional page if required.

Any reference to installation within a price list will not be considered.

To avoid a duplication of items available under Blanket POs {Contracts}, items covered under Category 1 for basketball nets and accessories, basketball supports, rims, nets and backboards, goals (all types), tennis nets and accessories and volleyball nets and accessories, which appeared on the previous solicitation, were removed from this Bid Solicitation {RFP} as those items are available under T-0118 (Sporting Goods).

The procurement for T-0118 (Sporting Goods)was conducted in accordance with the Division's governing statutes and regulations and by its standard announcement procedures and practices. Notice of the procurement for T-0118 publicly advertised on the Division's website and in The Star Ledger.

No, the sporting goods categories will not be made part of T-0103.

The procurement for T-0118 (Sporting Goods)was conducted in accordance with the Division's governing statutes and regulations and by its standard announcement procedures and practices. Notice of the procurement for T-0118 publicly advertised on the Division's website and in The Star Ledger.

In regards to the waiving of any claims of copyright protection set forth within the manufacturers price list and/or catalogs, can we ask that the wording in this section be modified to indicate that the vendor grants the state of NJ a non-exclusive license to use the vendors catalog and price list copyright but does not waive any claims against third parties for unauthorized use of its copyrights?

No, non-disclosure agreements are not permitted.

No, Bid Solicitation {RFP} Section 1.4.4 will not be amended.

As stated in Bid Solicitation {RFP} Sections 1.5, 3.11 and 5.2, Vendors {Bidders} are permitted to revise their price lists with new products and pricing (within the scope of the category) once during a twelve (12) month period. The Vendor {Contractor} shall determine the date for price list update.

See Part 2 below for revised RFP § 3.11 language.

Could we be awarded the contract and yet also have our subcontractor offer our product line, under our brand?

A Vendor {Bidder} is permitted to utilize subcontractors. Please refer to Bid Solicitation {RFP} Section 4.4.1.3. The Vendor {Bidder} would be considered the Vendor {Contractor} and would receive the Blanket PO {Contract} award. If a Vendor {Bidder} intends to utilize subcontractors, the Vendor {Bidder} must comply with RFP Section 4.4.1.3 and submit the Subcontractor Utilization Plan.

Yes, Vendors {Bidders} are permitted to use subcontractors. The Vendor {Bidder} must comply with RFP Section 4.4.1.3 and submit the Subcontractor Utilization Plan.

Yes.

Would this be a contract assignment: While the vendor holds the contract, can our distributor offer our products (our brand) on our behalf?

Yes.

The dealers/distributors can offer the products on the Vendors {Contractors} behalf. The dealer/distributor would service any Blanket PO {Contract} awarded and receive payment for the transaction successfully completed. A Vendor {Bidder} should list its distributors as subcontractors with the Quote {Proposal} as per Bid Solicitation {RFP} Section 4.4.1.3, and complete the Subcontractor Utilization Plan form.

How do I submit more than one brand per price line number on the price sheet spread sheet? The form does not allow any way to add additional rows.

The spread sheet (Price Sheet) used to submit brands for each price line item does not allow submission of multiple brands for same price line number. How can I do that?

Please refer to Bid Solicitation {RFP} Section 4.4.7.6.

Yes.

The Bid Solicitation {RFP} will not be revised as requested.

After Blanket PO {Contract} award, a Vendor {Contractor} is permitted to submit an updated product and price lists during the term of the Blanket PO {Contract} and any extension(s) thereof as stated in Bid Solicitation {RFP} Sections 1.5, 3.11 and 4.4.3.2.8. As per Bid Solicitation {RFP} Section 5.1, Bid Solicitation {RFP} Section 5 takes precedence over the New Jersey Standard Terms and Conditions. Please refer to Section 5.2 of the Bid Solicitation {RFP} which incorporates Section 3.11.

PART 2

Park & Playground Equipment Proposal Number: 16DPP00019 (T-0103) Additions, Deletions, Clarifications and Modifications to the Bid Solicitation {RFP}

The State intends to make one (1) award per brand per region for each category.

(Revised information is underlined).

This Bid Solicitation {RFP} may result in multiple Blanket POs {Contracts} for multiple/various brands of park and playground equipment in each of the three regions - North, Central and South - to accommodate varying needs of the Blanket PO {Contract} users, thereby increasing the total contract utilization and, in turn, providing better pricing for future Blanket PO {Contract} reprocurement.

(Revised information is underlined).

One (1) award shall be made for each brand bid in each region.

3.3 REGIONAL JURISDICTION

3.3.1 Each of the three regions - North, Central and South - is defined as follows. Vendors {Contractors} shall bid for one of the following region(s): North, Central, South, North and Central, Central and South, North and South, or Statewide (all three regions). Vendors {Contractors} must service all counties within the region bid. Any Quote {Proposal} for a part of a region - for a county or counties that do not cover the entire region - may be rejected.

Region Counties North

Bergen, Essex, Hudson, Morris, Passaic, Sussex, Union and Warren

Central

Hunterdon, Mercer, Middlesex, Monmouth, Ocean and Somerset

South

Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester and Salem

3.3.2 If a manufacturer's list of areas covered under each region does not agree with the list in Section 3.3.1 of the Bid Solicitation {RFP}, the Vendor {Bidder} shall provide the manufacturer's list of areas covered under each region on a separate sheet. If requested, the vendor {bidder} 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 in Section 3.3.1 of the Bid Solicitation {RFP}.

3.11 PRICE LIST REVISION

The Vendor {Contractor} will be able to submit a revised manufacturer’s price list which may include updated pricing and/or additional product for each contracted brand awarded once during a twelve (12) month period. If a Vendor {Contractor} has been awarded more than one brand, each brand price list may be updated at different times during a twelve month period, but in no event shall a Vendor {Contractor} update a single brand price list more than one (1) time during a twelve month period.

The Vendor {Contractor} should identify which products are additions on the price list. In the event the Vendor {Contractor} does not identify the product additions, the State reserves the right to request such information. The Vendor {Contractor} shall determine the date for price list update. In such an instance, the Vendor {Contractor} must provide the revised price list for the specific category awarded to the procurement specialist in electronic form, through CD or thumb drive, in pdf or Excel format. The file name should contain the Blanket PO {Contract} number and specific Blanket PO {Contract} lines the revised price list applies to. The revised price list will not be considered valid until it has been reviewed and approved by the Procurement Bureau and published on the website.

(Revised information is underlined).

4.4.7.4 Vendors {Bidders} shall provide the required information on each price line bid, including brand bid, region served, price list number, price list date, price list type (retail, wholesale, jobbers, or invoice – cost sheet – price list), page numbers that apply to the equipment offered for the category bid and delivery days after receipt of order.

If the Vendor {Bidder} leaves the brand field or % discount/markup field blank, on the Price Sheet/Schedule; then the Quote {Proposal} shall be deemed non-responsive for that price line only.

If a Vendor {Bidder} leaves the region served, price list number, price list date, price list type, page numbers that apply to the equipment offered for the category bid or delivery days after receipt of order fields blank, the State reserves the right to request that information from the Vendor {Bidder}. The information must be submitted to the State within forty-eight (48) hours of the request. Failure to provide the requested information may result in the Vendor's {Bidder's} Quote {Proposal} being deemed non-responsive for that price line item.

4.4.7.4.1 For each price line item bid, Vendors {Bidders} shall enter one of the following region(s) in the "REGION SERVED" field: North, Central, South, North and Central, Central and South, North and South, or Statewide (all three regions). Please refer to Bid Solicitation {RFP} Section 3.3.

One award per brand per region shall be made for each price line item.

The Quote {Proposal} submission date remains July 15, 2016.