T0106 17DPP00046 Bid Amendment 2~83.docx

State of New Jersey

March 28, 2017

To: All Interested Vendors {Bidders}

Re: Bid Solicitation {RFP} # 17DPP00046 T0106 - Law Enforcement Firearms Equipment and Supplies

Quote {Proposal} Submission Due Date: April 6, 2017 (2:00 p.m. ET)

Revised Quote {Proposal} Submission Due Date: April 13, 2017 (2:00 p.m. ET)

Bid Amendment {Addendum} #02

The following constitutes Bid Amendment {Addendum} #02 to the above referenced Bid Solicitation {RFP}:

· This Bid Amendment {Addendum} includes answers to questions; and

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation {RFP} # 17DPP00046, please refer to the Revised Bid Solicitation {RFP} titled “RFP T0106, 17DPP00046, Revised 03/28/17”).

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.

T0106 - Law Enforcement Firearms Equipment and Supplies Bid Solicitation {RFP} Number: 17DPP00046

Answers to Questions

Note: Some of the questions have been paraphrased in the interest of readability and clarity. Each question is referenced by the appropriate Bid Solicitation {RFP} page number(s) and section where applicable.

The State will not alter the requirements listed in Section 4 of the State’s Standard Terms and Conditions.

Please review Section 4.4.5.2 for price sheet instructions.

Please be sure to click the “Enable Editing” button at the top of the Price Sheet before inserting information. For technical issues, please contact NJSTART Vendor Support at telephone number (609) 341-3500, email address njstart@treas.nj.gov.

Yes. Please refer to Section 4.4.3.2 of the Bid Solicitation {RFP}.

If so how is this done?

Please refer to Section 1.3.3 of the Bid Solicitation {RFP}. Vendors {Bidders} should reference the “Attaching Files” section of the Vendor Quick Reference Guide located on the NJSTART Vendor Support Page for instructions on how to upload attachments/price lists. A Vendor {Bidder} can provide a hard copy Quote {Proposal}. Please refer to Section 4.3.2 of the Bid Solicitation {RFP}. If the Vendor {Bidder} is submitting its Quote {Proposal} electronically, the maximum file size shall not exceed 1 gigabyte. If the Vendor {Bidder} attempts to upload a large pdf file, for example, a catalog with pricing, it may be necessary to break the pdf file into smaller files to permit the document(s) to be uploaded.

Will this bid include protective clothing for homeland and or police such as NFPA 1951 type technical rescue (flame resistant and blood borne pathogen protective)garments or NFPA 1999 type blood borne pathogen protective garments?

Please review Section 3.1.8 for personal protective suit requirements.

No. In the event a manufacturer bids on a brand price line with a related hourly rate price line, the dealer will not be required to submit a separate quote for the installation line. The dealer will provide service at the firm fixed hourly rate for the initial term of Blanket P.O. {Contract} and all extensions thereafter.

For price line items where the manufacturer is bidding directly, the manufacturer can provide with its Quote {Proposal} a list of Dealer(s)/Distributor(s) on company letterhead to service its Blanket P.O. {Contract}. Please refer to Bid Solicitation {RFP} Sections 1.1 (fourth paragraph, first bullet), 4.4.5.2 (first paragraph) and 4.4.3.4 for additions, deletions, clarifications and modifications.

Please see revised Bid Solicitation {RFP} Section 5.2.1 for additions, deletions, clarifications and modifications.

The State will waive the three (3) responsive Quote {Proposal} criteria only if the Vendor {Bidder} can supply a letter from the manufacturer which states that the Vendor {Bidder} is the sole source distributor of the brand. See Bid Solicitation {RFP} Section 4.4.5.2.3 and Section 6.6.1.

Please refer to Section 4.4.5.2 of the Bid Solicitation {RFP} for Price Sheet Instructions.

Yes, the manufacturer can provide with its Quote {Proposal} a list of Dealer(s)/Distributor(s) on company letterhead to service the Blanket P.O. {Contract}. The Vendor {Bidder} is required to submit the following forms for each Dealer/Distributor:

1. New Jersey Business Registration (N.J.S.A. 52:32-44);

2. Ownership Disclosure (N.J.S.A. 52:25-24.2);

3. Disclosure of Investment Activities in Iran (N.J.S.A. 52:32-55 et seq.);

4. Executed MacBride Principles (N.J.S.A. 52:34-12.2);

5. Completed Contractor Certification and Disclosure of Political Contributions (N.J.S.A. 19:44A-20:13 et. seq.);

6. Disclosure of Investigations and Actions Involving Bidder Form;

7. Vendor Certification (P.L. 2005, c.271);

8. Proof of insurance as specified herein;

9. Proof of compliance with New Jersey Affirmative Action requirements (N.J.A.C. 17:27-1.1 et. seq.):

a. New Jersey Form AA-302 Affirmative Action Employee Information Report; or

b. New Jersey Affirmative Action Certificate; or

c. Federal Affirmative Action Approval Letter.

If a Vendor {Bidder} does not provide the required Dealer/Distributor forms, the State reserves the right to request such information from the Vendor {Bidder}.

Please refer Bid Solicitation {RFP} Section 1.1 and 4.4.3.4 for additions, deletions, clarifications and modifications.

This format allows State agencies and cooperative purchasing participants a variety of procurement options that will allow Agencies to choose the most cost-efficient Vendor {Contractor} that best meets their needs and delivery requirements.

Vendors {Bidders} interested in the current Blanket P.O. {Contract} specifications and pricing information may review the current Blanket P.O. {Contract} T0106 (12-X-21817 and 13-X-22630) at:

http://www.state.nj.us/treasury/purchase/noa/contracts/t0106_12-x-21817.shtml;

http://www.state.nj.us/treasury/purchase/noa/contracts/t0106_13-x-22630.shtml; and http://www.state.nj.us/treasury/purchase/pricelists.shtml.

Yes, the manufacturer can provide with its Quote {Proposal} a list of Dealer(s)/Distributor(s) on company letterhead to service the Blanket P.O. {Contract}.

The Vendor {Bidder} is required to submit the following forms for each Dealer/Distributor:

1. New Jersey Business Registration (N.J.S.A. 52:32-44);

2. Ownership Disclosure (N.J.S.A. 52:25-24.2);

3. Disclosure of Investment Activities in Iran (N.J.S.A. 52:32-55 et seq.);

4. Executed MacBride Principles (N.J.S.A. 52:34-12.2);

5. Completed Contractor Certification and Disclosure of Political Contributions (N.J.S.A. 19:44A-20:13 et. seq.);

6. Disclosure of Investigations and Actions Involving Bidder Form;

7. Vendor Certification (P.L. 2005, c.271);

8. Proof of insurance as specified herein;

9. Proof of compliance with New Jersey Affirmative Action requirements (N.J.A.C. 17:27-1.1 et. seq.):

a. New Jersey Form AA-302 Affirmative Action Employee Information Report; or

b. New Jersey Affirmative Action Certificate; or

c. Federal Affirmative Action Approval Letter.

If a Vendor {Bidder} does not provide the required Dealer/Distributor forms, the State reserves the right to request such information from the Vendor {Bidder}.

Please refer Bid Solicitation {RFP} Section 1.1 and 4.4.3.4 for additions, deletions, clarifications and modifications.

2. With this being a Joint Venture, would the Distributor not be considered a subcontractor?

3. Does this section also allow the bidding manufacturer to discuss the pricing with our distributors prior to the bid opening, without being subject to the Non-Collusion clause on page 21 section 4.4.1.1.3?

4. Page 36 Section 4.4.3.2 Manufacturers Catalog and Price List We are continuously adding new and innovative products to our offering. Can we submit new price lists twice a year?

1. Yes. If the manufacturer bids directly, all orders and payments can be made directly to the manufacturer and/or its Dealer(s)/Distributor(s). Please refer to Bid Solicitation {RFP} section 4.4.3.4 for Dealer(s)/Distributor(s) instructions.

2. In Joint Ventures all parties of the joint venture are considered Blanket P.O. {Contract} holders. Please review Section 5.5 Vendor {Contractor} responsibilities in conjunction with Section 4.4.1.3 Subcontractor Utilization Plan.

3. The manufacturer and Dealer/Distributor may discuss pricing only in instances where the manufacturer is bidding the brand price line directly or if the Dealer/Distributor is bidding the brand price line directly. If the Manufacturer and Dealer/Distributor are both bidding the same brand price line then the non-collusion clause will apply.

4. Please see revised Bid Solicitation {RFP} Section 5.2.1 for additions, deletions, clarifications and modifications.

2. Page 67 Section 6.1 Price Fluctuation During Contract The discount is set for the contract, but the price lists may be updated based on the manufactures list price, is this correct?

1. Blanket P.O. {Contract} Activity Reports may be submitted by any party of the joint venture.

2. Please see revised Bid Solicitation {RFP} Section 5.2.1 for additions, deletions, clarifications and modifications.

If the manufacturer bids directly on a specific brand price line (not the equivalent brand line), the State will make one (1) Statewide award for the brand offered for that category.

The manufacturer can provide with its Quote {Proposal} a list of Dealer(s)/Distributor(s) on company letterhead to service the Blanket P.O. {Contract}. Please check Bid Solicitation {RFP} Section 1.1 and 4.4.3.4 for additions, deletions, clarifications and modifications.

2. With this being a Joint Venture, would the Distributor not be considered a subcontractor?

3. Does this section also allow the bidding manufacturer to discuss the pricing with our distributors prior to the bid opening, without being subject to the Non-Collusion clause on page 21 section 4.4.1.1.3?

1. Please see the answer to question #12.

2. Please see the answer to question #12.

3. Please see the answer to question #12.

2. Page 67 Section 6.1 Price Fluctuation During Contract The discount is set for the contract, but the price lists may be updated based on the manufacturers list price, is this correct?

1. Please see the answer to question #12.

2. Please see the answer to question #13.

The brands referenced in the Bid Solicitation {RFP} were identified and selected by State Agencies as brands that specifically meet their daily operational needs. A Vendor {Bidder} may offer brands not specifically referenced in the Bid Solicitation {RFP} on the equivalent brand line at the end of each category on the Price Sheet. Please refer to Section 4.4.5.2.3 of the Bid Solicitation {RFP}.

Please see revised Bid Solicitation {RFP} Section 3.8.3 for additions, deletions, clarifications and modifications.

Brands not listed in Bid Solicitation {RFP} Section 3.0 can be bid on the equivalent brand price line.

Please see revised Bid Solicitation {RFP} Section 5.2.1 for additions, deletions, clarifications and modifications.

Please see revised Bid Solicitation {RFP} Section 5.2.1 for additions, deletions, clarifications and modifications.

A Vendor {Bidder} may offer brands not specifically referenced in the Bid Solicitation {RFP} on the equivalent brand line at the end of each category on the Price Sheet. Please refer to Section 4.4.5.2.3 of the Bid Solicitation {RFP}.

Please see the answer to question #22.

Please refer to Section 3.6, which states, in part, “Deliveries for all items shall be made within the delivery timeframe noted on the Price Sheet and in strict accordance with the instructions from the Using Agency.” This supersedes the language in Section 4.4.5.4, unless a Vendor {Bidder} leaves the delivery days ARO field blank on the Price Sheet, in which case, the delivery days will default to the delivery days in Section 4.4.5.4 - 30 days ARO. Please refer to Bid Solicitation {RFP} Section 4.4.5.2, Step 7.

The State’s Standard Terms and Conditions will not be altered to include this requirement.

The Vendor {Bidder} shall supply pricing information on the State supplied Excel price sheet for the brands bid. As stated in Section 4.4.5.3, “If the Vendor {Bidder} is not submitting a price for an item on a price line, the Vendor {Bidder} must indicate “No Bid” on the State-supplied price sheet/schedule(s) attachment accompanying this Bid Solicitation {RFP}. If the Vendor {Bidder} leaves a price line blank, this shall mean that it was the Vendor’s {Bidder’s} intent to not submit a price for that price line.”

As a separate function, in NJSTART under the “ITEMS” tab the Vendor {Bidder} must enter a Unit Cost of $1.00 so that NJSTART processes the Quote {Proposal}. Please refer to Bid Solicitation {RFP} Section 4.4.5.1.

Yes, the manufacturer can provide with its Quote {Proposal} a list of Dealer(s)/Distributor(s) on company letterhead to service the Blanket P.O. {Contract}.

The Vendor {Bidder} is required to submit the following forms for each Dealer/Distributor:

1. New Jersey Business Registration (N.J.S.A. 52:32-44);

2. Ownership Disclosure (N.J.S.A. 52:25-24.2);

3. Disclosure of Investment Activities in Iran (N.J.S.A. 52:32-55 et seq.);

4. Executed MacBride Principles (N.J.S.A. 52:34-12.2);

5. Completed Contractor Certification and Disclosure of Political Contributions (N.J.S.A. 19:44A-20:13 et. seq.);

6. Disclosure of Investigations and Actions Involving Bidder Form;

7. Vendor Certification (P.L. 2005, c.271);

8. Proof of insurance as specified herein;

9. Proof of compliance with New Jersey Affirmative Action requirements (N.J.A.C. 17:27-1.1 et. seq.):

a. New Jersey Form AA-302 Affirmative Action Employee Information Report; or

b. New Jersey Affirmative Action Certificate; or

c. Federal Affirmative Action Approval Letter.

If a Vendor {Bidder} does not provide the required Dealer/Distributor forms, the State reserves the right to request such information from the Vendor {Bidder}.

Please refer Bid Solicitation {RFP} Section 1.1 and 4.4.3.4 for additions, deletions, clarifications and modifications.

Only the listed respirators in Section 3.1.8 are acceptable.

As stated in Section 4.4.5.2, Step 2, “A series or a range of discounts or fixed prices (firm dollar amount) on any price line (other than for the specific installation lines under Category(ies) 12A, 13A, 14A, 15A and/or 16A) shall not be acceptable, and shall result in rejection of the Quote {Proposal} for that price line.”

Category 9 includes all types of thermal imaging equipment, including cameras. Please review Section 4.4.5.2.3 for equivalent brand price line instructions.

Please see revised Bid Solicitation {RFP} Section 4.3.2 for additions, deletions, clarifications and modifications.

The Vendor {Bidder} must enter a Unit Cost of $1.00 for each price line item on the “Items” Tab in NJSTART. The Vendor {Bidder} will not enter values for Tax Rate, Freight, Discount, etc.

The manufacturer should provide certification in accordance with Items 1, 2 and 3 in Section 4.4.3.3 of the Bid Solicitation {RFP}.

Is the manufacturer expected to provide certifications for proposed dealers/distributors? If so, what is required?

The manufacturer can provide with its Quote {Proposal} a list of Dealer(s)/Distributor(s) on company letterhead to service the Blanket P.O. {Contract}. Please refer to Bid Solicitation {RFP} section 4.4.3.4 for Dealer(s)/Distributor(s) instructions.

2. What documentation, if anything, is required for proposed dealers/distributors who will service the Blanket PO?

1. Yes.

2. The Vendor {Bidder} must provide with its Quote {Proposal} a list of the Dealer(s)/Distributor(s) on company letterhead that will service the Blanket P.O. {Contract}. The Vendor {Bidder} is required to submit the following forms for each Dealer/Distributor:

1. New Jersey Business Registration (N.J.S.A. 52:32-44);

2. Ownership Disclosure (N.J.S.A. 52:25-24.2);

3. Disclosure of Investment Activities in Iran (N.J.S.A. 52:32-55 et seq.);

4. Executed MacBride Principles (N.J.S.A. 52:34-12.2);

5. Completed Contractor Certification and Disclosure of Political Contributions (N.J.S.A. 19:44A-20:13 et. seq.);

6. Disclosure of Investigations and Actions Involving Bidder Form;

7. Vendor Certification (P.L. 2005, c.271);

8. Proof of insurance as specified herein;

9. Proof of compliance with New Jersey Affirmative Action requirements (N.J.A.C. 17:27-1.1 et. seq.):

a. New Jersey Form AA-302 Affirmative Action Employee Information Report; or

b. New Jersey Affirmative Action Certificate; or

c. Federal Affirmative Action Approval Letter.

If a Vendor {Bidder} does not provide the required Dealer/Distributor forms, the State reserves the right to request such information from the Vendor {Bidder}.

Please refer Bid Solicitation {RFP} Section 1.1 and 4.4.3.4 for additions, deletions, clarifications and modifications.

Yes. As stated in Section 4.4.5.3, “If the Vendor {Bidder} is not submitting a price for an item on a price line, the Vendor {Bidder} must indicate “No Bid” on the State-supplied price sheet/schedule(s) attachment accompanying this Bid Solicitation {RFP}. If the Vendor {Bidder} leaves a price line blank, this shall mean that it was the Vendor’s {Bidder’s} intent to not submit a price for that price line.”

Please see revised Bid Solicitation {RFP} Section 4.4.5.2 for additions, deletions, clarifications and modifications.

Please see revised Bid Solicitation {RFP} Section 5.2.1 for additions, deletions, clarifications and modifications.

Yes, the State will place orders and/or make payments to authorized dealers/distributors. The Vendor {Bidder} manufacturer can provide with its Quote {Proposal} a list of Dealer(s)/Distributor(s) on company letterhead to service the Blanket P.O. {Contract}. Please refer to Bid Solicitation {RFP} Section 4.4.3.4 for Dealer(s)/Distributor(s) instructions.

Please see revised Bid Solicitation {RFP} Section 5.8 for additions, deletions, clarifications and modifications.

Yes, Dealer(s)/Distributor(s) are required to complete the authorization agreement. It is the responsibility of the Vendor {Contractor} to submit a completed form prior to contract award.

As stated in Section 1.3.1 of the Bid Solicitation {RFP}, “In the event that questions are posed by Vendors {Bidders}, answers to such questions will be issued by Bid Amendment {Addendum}. Any Bid Amendment {Addendum} to this Bid Solicitation {RFP} will become part of this Bid Solicitation {RFP} and part of any Blanket P.O. {Contract} awarded as a result of this Bid Solicitation {RFP}. Bid Amendments {Addenda} to this Bid Solicitation {RFP}, if any, will be posted as a File Attachment on the “Summary” page of the Bid Solicitation in NJSTART after the cut-off date.”

A Vendor {Bidder} may offer brands not specifically referenced in the Bid Solicitation {RFP} on the equivalent brand line at the end of each category on the Price Sheet. Please refer to Section 4.4.5.2.3 of the Bid Solicitation {RFP}.

Please see revised Bid Solicitation {RFP} Section 5.2.1 for additions, deletions, clarifications and modifications.

The Vendor {Bidder} can provide with its Quote {Proposal} a list of Dealer(s)/Distributor(s) on company letterhead to service the Blanket P.O. {Contract}. Please refer to Bid Solicitation {RFP} Section 4.4.3.4 for Dealer(s)/Distributor(s) instructions.

The State will issue a Method of Operation at the time of Blanket P.O. {Contract} award that will provide instructions on how Using Agencies shall procure products and services from the Blanket P.O. {Contract}.

In the event a manufacturer and its certified Dealer(s)/Distributor(s) bid the same brand price line, the Vendor {Bidder} with the most advantageous markup or discount shall be awarded that brand price line.

Please see the answer to question #45.

The brands referenced in the Bid Solicitation {RFP} were identified and selected by State Agencies as brands that specifically meet their daily operational needs. A Vendor {Bidder} may offer brands not specifically referenced in the Bid Solicitation {RFP} on the equivalent brand line at the end of each category on the Price Sheet. Please refer to Bid Solicitation {RFP} Section 4.4.5.2.3.

No, the Blanket P.O. {Contract} pricing shall be used by all State Using Agencies and Cooperative Purchasing Participants, if so extended.

Dealer/Distributor lists can be updated anytime during the Blanket P.O. {Contract} term. Please refer to Section 5.10 of the Bid Solicitation {RFP}.

The State will waive the three (3) responsive Quote {Proposal} criteria only if the Vendor {Bidder} can supply a letter from the manufacturer which states that the Vendor {Bidder} is the sole source distributor of the brand. See Bid Solicitation {RFP} Section 4.4.5.2.3 and Section 6.6.1.

The State determined that its existing technology infrastructure is sufficient to support a non-cloud based solution.

Please see the answer to question #52.

No. The State will not alter the requirements listed in Sections 3.1.13 – 3.1.15.1.

The State will not alter the requirements listed in Section 3.5.

Please see revised Bid Solicitation {RFP} Section 3.8.1 for additions, deletions, clarifications and modifications.

Yes, the Vendor {Contractor} shall be in violation of this requirement if non-contracted products and services are sold under the Blanket P.O. {Contract}.

No.

The State will not accept additional terms and conditions of the Vendor {Contractor}, as stated in Section 1.3.1.1, “Questions regarding the SSTC and exceptions to mandatory requirements must be posed during this Electronic Question and Answer period and shall contain the Vendor’s {Bidder’s} suggested changes and the reason(s) for the suggested changes.”

Please note Section 1.1 of the Bid Solicitation {RFP} states: “The State’s Standard Terms and Conditions (SSTCs) accompanying this Bid Solicitation {RFP} will apply to all Blanket P.O.s {Contracts} made with the State of New Jersey. These terms are in addition to the terms and conditions set forth in this Bid Solicitation {RFP} and should be read in conjunction with them unless the Bid Solicitation {RFP} specifically indicates otherwise.”

All Vendor {Bidder} supplements and/or alterations to the State’s Terms and Conditions will not be accepted.

No.

Please see revised Bid Solicitation {RFP} Section 5.2.1 for additions, deletions, clarifications and modifications.

If the initial term is considered the first 4 years, will the State consider modifying the initial term to be the first year of the Blanket PO?

Please see revised Bid Solicitation {RFP} Section 5.2.1 for additions, deletions, clarifications and modifications.

Please see revised Bid Solicitation {RFP} Section 5.2.1 for additions, deletions, clarifications and modifications. The State will not alter the requirements listed in Section 5.2.2.

Please refer to Section 5.2.2 of the Bid Solicitation {RFP}.

As stated in Section 4.4.3, the State will consider a Vendor’s {Bidder’s} volume discount for ordering; however, such discounts will not be factored in to the evaluation of the Quote {Proposal}. Vendors {Bidders} should submit volume discounts on company letterhead, with its Quote {Proposal}.

The Vendor {Bidder} must submit insurance certificates as instructed in the Notice of Intent to Award notification.

The State will not alter the requirements listed in Section 4 of the State’s Standard Terms and Conditions.

The State will not alter the requirements listed in Section 4 of the State’s Standard Terms and Conditions.

Please see revised Bid Solicitation {RFP} Section 5.2.1 for additions, deletions, clarifications and modifications.

As stated from Section 6.2 of the SSTC, “The State of New Jersey is exempt from State sales or use taxes and Federal excise taxes. Therefore, price quotations must not include such taxes. The State's Federal Excise Tax Exemption number is 22-75-0050K.”

Please see the answer to question #7.

State Using Agencies are required to procure all law enforcement related goods and services from the Blanket P.O.s {Contracts} established by this Bid Solicitation {RFP}. GSA will not be an option to State Agencies for the goods and services specified in this Bid Solicitation {RFP}.

Please see the answer to question #7.

The Vendor {Bidder} has the opportunity to specify the delivery schedule for each brand on the price sheet. Please refer to Bid Solicitation {RFP} Section 4.4.5.2, Step 7.

Please see revised Bid Solicitation {RFP} Section 5.2.1 for additions, deletions, clarifications and modifications.

Please contact the NJSTART help line at 609-341-3500 or at njstart@treas.nj.gov.

Please see the answer to question #17.