T0114 24DPP00986 Bid Amendment 3 FINAL 5.8.24.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 8, 2024

To: All Interested Bidders

Re: Bid Solicitation # 24DPP00986 T0114 Library and School Supplies - Statewide

Quote Opening Date: April 17, 2024 (2:00 p.m. Eastern Time)

Bid Amendment #3

The following constitutes Bid Amendment #3 to the above referenced Bid Solicitation:

This Bid Amendment includes:

· Answers to questions from the Electronic Question and Answer Period that concluded on March 28, 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.

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

Bid Solicitation #24DPP00986 T0114 Library and School Supplies - 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.

Note: This answer is revised and replaces the answer published in NJSTART under the Bid Solicitation’s Q & A Tab for Question #5.

Answer: If your firms SBE 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. 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.

Note: This answer is revised and replaces the answer published in NJSTART under the Bid Solicitation’s Q & A Tab for Question #6.

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

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 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: “The following is a list of the categories included in this Bid Solicitation. Products offered must only be for the categories identified below. No other categories of library and school supplies will be considered as part of this Bid Solicitation. All products offered in a category shall meet the definition and requirements of that category. Any commodity and/or services covered under another Contract will not be awarded as part of this Bid Solicitation. Please refer to Bid Solicitation Section 1.2.2 for additional information.

In addition, a Contractor may offer supplies, accessories and/or optional equipment specifically related to the category offered. Any parts, components, equipment, controls or materials which are standard and/or necessary to form an efficient and complete working unit can be offered in the price list for the category bid. The State reserves the right to approve or reject any proposed supplies and equipment. Any supplies and equipment approved by the State, will be made part of the price list uploaded to the Attachments tab of the Contract in NJSTART.

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.”

As for quantities, Using Agencies will order products on an as-needed basis based on their project requirements. Bid Solicitation Section 3.36 states, in pertinent part: “Where the State-Supplied Price Sheet includes an estimated quantity column, Bidders are advised that estimated quantities may vary throughout the Contract term resulting from this Bid Solicitation. There is no guaranteed minimum or maximum volume for these price lines.”

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

Answer: Yes. Bidders shall do so using the State-Supplied Price Sheet. Please refer to Bid Solicitation Section 3.36 for State-Supplied Price Sheet instructions.

Question: All of our products are listed on our online catalog (i.e., our website) wherein buyers have the option of submitting a quote requests. Will this be acceptable?

Answer: No. Bidders should submit a preprinted price list or catalog for each category and brand bid, in accordance with Bid Solicitation Section 3.24.

Bid Solicitation Section 3.24 states, in pertinent part (emphasis added in bold): “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.”

Bid Solicitation Section 3.24 further states: “If a Bidder does not provide the preprinted price list or catalog for each category and brand bid with its Quote, the State reserves the right to request such information from the Bidder. The Bidder must respond to such request by providing all requested information within forty-eight (48) hours. If the information requested is not received within forty-eight (48) hours, the Quote may be deemed non-responsive.”

To satisfy this requirement, a Bidder may choose to print its online price list/catalog to satisfy this requirement or may download the online price list/catalog and submit it through a CD or thumb drive.

The mini-bid/quote process is outlined in Bid Solicitation Section 4.11.

Bid Solicitation Section 4.11 states, in pertinent part: “Note: A Contractor must, upon request, provide the Using Agency with the most recent version of the price list for the contracted brand during the mini-bid process.”

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

Answer: Item #35 from the Items tab in NJSTART refers to commodity code 785-89.

The commodity codes that are listed in the Items tab in NJSTART (36 total lines/commodity codes) were added there to promulgate a Bidders list based on those Vendors that signed up for the commodity code. The addition of a specific commodity code to the Items tab does not guarantee that the Vendors products/offerings for that commodity code will meet the categories within the Bid Solicitation. The purpose of the addition of these commodity codes is to create a robust list of Vendors that may be able to bid on the subject procurement. The Bidders list that is created allows NJSTART to send a message to the Bidholder list that the procurement has been advertised and is available to bid on in N JSTART.

In the case of Item #35, commodity code 785-89 (785 - SCHOOL EQUIPMENT, TEACHING AIDS, AND SUPPLIES, 89 - School Equipment Required to Meet the Needs of the Physically Challenged Student: Prone Stands, Toddler Chairs, Special Computer Keyboards, etc.), that commodity code may apply to Category 3 Teaching Aids or Category 4 School Audio and Visual Equipment and Supplies.

Answer: Yes. Please refer to the response in Question #13 below.

Answer: For a complete list of products with fixed prices for the category bid, Bidders must provide those through a product catalog or price list. Please refer to Bid Solicitation Section 3.24 (Price List and/or Catalog). There is no specific format for the submission of the product catalog/price list.

On the State-Supplied Price Sheet, Bidders shall bid a firm, fixed percentage discount or markup off of the fixed prices contained within the product catalog/price list in the field titled ‘Percentage (%) Discount (-) or Mark-Up (+)’. Please refer to Bid Solicitation Section 3.36, Step 3.

For a complete State-Supplied Price Sheet instructions, please refer to Bid Solicitation Section 3.36.

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

Answer: On Page 14 of 26 of the ‘Quick Reference Guide: Creating a Quote’, located at https://www.state.nj.us/treasury/purchase/njstart/pdf/SubmitaQuote.pdf, the instructions state that the Bidder should leave the Payment Terms field as Not Applicable.

Please refer to the screenshot below:

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

Answer: Yes.

Bid Solicitation Section 4.3 states, in pertinent part: “Prices for items in Quotes shall be submitted Freight on Board (F.O.B.) Destination.”

Bid Solicitation Section 5.6 states, in pertinent part: “Unless otherwise noted in this Bid Solicitation or on the State-Supplied Price Sheet, all delivery times are thirty (30) calendar days after receipt of order (ARO) and prices for items in Quotes shall be submitted Freight On Board (F.O.B.) Destination (30 calendar days ARO/F.O.B.).”

For expedited delivery for emergency deliveries, please refer to Bid Solicitation Section 4.3.2.

For return shipping fees, please refer to Bid Solicitation Section 4.3.3.

Answer: Yes. Please see Bid Solicitation Sections 8.9.2 and 8.16.

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

Answer: Yes, that is correct.

Bid Solicitation Section 3.36, Step 4 states: “The Bidder shall enter the brand name under the “Brand Name” field on the State-Supplied Price Sheet.”

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

Answer: Bid Solicitation Section 5.7 is specifically for Bidders that are utilizing dealers/distributors. The list of forms and certifications (listed in A. trough J.) are required of each dealer/distributor being utilized as part of the Contract award.

As stated in Bid Solicitation Section 9.2, a dealer/distributor is defined as:

Dealer/Distributor – A Company authorized by a Bidder or Contractor as having the contractual ability to accept and fulfill orders and receive payments directly on behalf of the Contractor that is awarded a Contract. Any authorized Dealer/Distributor must agree to all terms and conditions contained within the Bid Solicitation and must agree to provide all products and services in accordance with the Contract specifications, terms, conditions and pricing.

For Item H. in Bid Solicitation Section 5.7, the ‘as specified herein’ is meant to refer to New Jersey Standard Terms and Conditions Section 4.2.

Bidders and dealers/distributors are required to follow the same requirements involving Insurance submissions, as stated in New Jersey Standard Terms and Conditions Section 4.2.

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

Answer: In Part 1 of the Bidder Data Sheet/Form, the Bidder is expected to list other States, Agencies, Counties, Municipalities, School Districts/Schools, etc. with which the Bidder has or had a contract of a similar size and scope to T0114.

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 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 4.11.

Bid Solicitation Section 4.11 states, in pertinent part: “Note: A Contractor must, upon request, provide the Using Agency with the most recent version of the price list for the contracted brand 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 4.11).

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 T0114, 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 was asked twice in NJSTART as Question #19 and 20.

Answer: That is correct. All information must be submitted using the State-Supplied Price Sheet. Please refer to Bid Solicitation Section 3.36 for complete State-Supplied Price Sheet instructions.

Question: The catalog/pricelist we upload should only have the net pricing we are offering NJ as the sole column? For example, if we have a widget at list price $100, and are offering NJ 15% off, net price $85 for you; should the submitted price list only say on that row, Widget $85.00? And not include the original/list price?

Answer: It is recommended, based on the example above, that the product price list exhibit the widget list price of $100, from which the percentage discount or markup on the State-Supplied Price Sheet would be applied.

In the alternative, a Bidder could submit the price list with 3 columns, as follows:

Question: Per my question submitted above, I believe you want published pricing that shows list pricing only. In prior example, Widget $100. Please confirm or give an example to explain.

Answer: The price list with list pricing, from which the percentage discount or markup bid is applied, will suffice.

It is important to note that:

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 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 4.11.

Bid Solicitation Section 4.11 states, in pertinent part: “Note: A Contractor must, upon request, provide the Using Agency with the most recent version of the price list for the contracted brand 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 4.11).

Answer: The Bureau has no preference on how the State-Supplied Price Sheet is submitted for the brand bid. Bidders may provide a separate State-Supplied Price Sheet for each brand bid or a Bidder may insert tabs at the bottom of the State-Supplied Price Sheet for each brand bid. Bidders are reminded of the instructions in Bid Solicitation Section 3.36.

Section 3.36 of the Bid Solicitation states, in pertinent part: “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.”

Answer: Yes, provided that the discount and markup is applied to different brands bid.

Bidders cannot offer two different percentages for the same brand and Price Line/category, per the example below:

As stated in Bid Solicitation Section 3.36: “A series or a range of discounts/markups or fixed prices (firm dollar amount) on the price line shall not be acceptable and shall result in rejection of the Quote for that price line only.”

Bidders are permitted to offer different brands with different percentage discounts or markups for the same Price Line/category, as follows:

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

Answer: This information is not required on the State-Supplied Price Sheet and there is not a column for this information on the State-Supplied Price Sheet.

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 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 4.11.

Question: Would it be acceptable to list a link to our webpage with the current published list price?

Answer: No. Please refer to the response in Question #8.

Answer: No.

Answer: The State of New Jersey declines to change or modify the terms and conditions set forth in the State Standard Terms and Conditions Section 5.12 DELIVERY REQURIRMENTS. The Delivery Time & Cost requirements are further set forth in Bid Solicitation Sections 3.36 (Step 5), 3.36.1 and 5.6. The Bidders should read these requirements along with all other requirements in connection with the proposed Quote(s) to be submitted.

Answer: Please refer to the answer to Question #18.

Answer: Please refer to the answer to Question #18.

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 and products at the time of mini-bid process (Bid Solicitation Section 4.11).

Answer: Bidders are not required to submit the Source Disclosure Form with its Quote. However, if the Bidder intends to utilize dealers/distributors, each dealer/distributor is required to complete and submit the Source Disclosure Form, in accordance with Bid Solicitation Section 5.7(E).

Answer: Yes.

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