T0118 Bid Amendment 2 Final 6.23.2025.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

June 25, 2025

To: All Interested Bidders

Re: Bid Solicitation # 25DPP01065 T0118 Sporting Goods – Statewide - Re-Bid

Quote Submission Due Date: June 4, 2025 (2:00 p.m. Eastern Time)

Bid Amendment #2

The following constitutes Bid Amendment #2 to the above referenced Bid Solicitation:

· Answers to questions from the Electronic Question and Answer Period that concluded on May 15, 2025;

· Revisions to the Bid Solicitation (from Part 2 of the Bid Amendment); and

Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled, “T0118 Revised Bid Solicitation Re-Bid 6.18.2025”

· Revisions to the State-Supplied Price Sheet (from Part 2 of the Bid Amendment).

Please note that for all additions, deletions, clarifications and modifications to the State-Supplied Price Sheet, please refer to the Revised State-Supplied Price Sheet titled, “T0118 Revised State-Supplied Price Sheet 6.18.2025”

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 #25DPP01065 T0118 Sporting Goods - Statewide- Re-Bid

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

Part 1 – Answers to Questions

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.

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: 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.

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.”

Answer: If your firm's 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.”

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 or NJSAVI Dataset Story | NJOIT Open Data Center

Price Fluctuation During Contract and Bid Solicitation Section 4.10 Question: In the event of extraordinary tariff increases or supply chain disruptions during the 3-year contract term, will the State consider vendor-submitted price adjustment requests for review?

Answer: Yes, price adjustments will be considered following Contract award. Price increases may be requested pursuant to New Jersey State Standard Terms & Conditions Section 6.1, which states, "in an exceptional situation the State may consider a price adjustment. Requests for price adjustments must include justification and documentation."

In addition, Bid Solicitation Section 4.10 states, in pertinent part: “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 should a Contractor update a single awarded brand more than one (1) time during a rolling twelve (12) month period.”

Section 4.8

Question: If a manufacturer discontinues an awarded product during the contract term, will vendors be permitted to propose an equivalent substitute item for State approval without penalty?

Answer: Yes.

As stated in Bid Solicitation Section 4.8 Substitutions of Discontinued or Reformulated Products: “The Contractor may offer a substitution for any product discontinued or reformulated by the manufacturer in its Contract. The State may consider substituting the discontinued or reformulated model with a new model if the unit offered meets or exceeds the Contract specifications. All substitutions must be approved by the State.”

Sections 1.1, 4.2.4, 8.16, Revised State-Supplied Price Sheet Question: For fulfillment planning purposes, will vendors be permitted to define a minimum order value (e.g., $100 per purchase order) or apply additional shipping/handling charges on small-value orders to ensure logistical viability? If not, can vendors suggest order bundling or consolidation strategies during post-award fulfillment communications?

Answer: The Bid Solicitation and State-Supplied Price Sheet have been revised to allow for delivery charges for orders under $100. Please refer to Part 2 of the Bid Amendment.

Question: If we only supply one supplier/brand for a category, is that acceptable?

Answer: Yes, this is acceptable.

Question: Do I have to offer more than one supplier/brand?

Answer: No. Bidders can offer a quote for only one (1) brand for a given price line/category.

Bid Solicitation Section 3.36 states in pertinent part, emphasis in bold: “A Bidder may bid on a single price line/category or multiple price lines/categories. Bidders are not required to bid on all categories/price lines in order to be considered responsive.”

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

Answer: Yes.

Bid Solicitation Section 3.36, Step 3 states, in pertinent part, emphasis in bold: “A Bidder’s entry in the “Percentage (%) Discount (-) or Markup (+)” field shall include a plus (+) sign for markup or minus (-) sign for discount. If a Bidder does not include a plus (+) sign for markup or minus (-) sign for discount, the State will consider the percentage offered as a discount.

If a Bidder leaves the "Percentage (%) Discount (-) or Markup (+)” field blank on the price line, it shall be considered that the Bidder provided no Quote for the price line item.”

Part 2 - Revisions to the Bid Solicitation and State-Supplied Price Sheet

Note: Please refer to the revised Bid Solicitation and revised State-Supplied Price Sheet, published in the Attachments tab of the Bid Solicitation in NJSTART, for these revisions.

Section Reference Revision

“An Agency-Use Price Line for expedited delivery charges (Price Line 23), restocking fees and return shipping charges (Price Line 24), and delivery charges for orders under $100 (Price Line 25) will be added to all Contracts.”

“The Bidder acknowledges that any references to, minimum orders, order threshold charges, service charges, price escalation clauses, sales or other applicable taxes, FOB shipping point limitations, and shipping charges, except as noted herein, contained in the preprinted price lists, catalogs, and/or literature, shall not apply or become part of any Contract awarded as a result of this Bid Solicitation.”

“The Contractor shall deliver products to Using Agencies on an as-needed, as-ordered basis. The Contractor shall make arrangements for delivery of products upon receipt of a purchase order. All products must be delivered in accordance with the Contractor’s delivery schedule and in strict accordance with the instructions from the Using Agency. Prices for items in Quotes shall be submitted Freight on Board (F.O.B.) Destination, unless the order amount is under $100. Please refer to Bid Solicitation Section 4.2.4.”

“DELIVERY/SHIPPING CHARGES FOR ORDERS UNDER $100 (Price Line 25)

The Contractor may charge a standard-rate (not expedited) delivery/shipping fee for any Using Agency orders under $100. The Using Agency will be responsible for any costs associated with these delivery fees. Any such delivery charges must be upon mutual agreement between the Contractor and the Using Agency.

This supersedes any statements regarding F.O.B. shipping contained herein and is only applicable in cases when the order amount is under $100.

An Agency-Use Price Line (Price Line 25) will be added to all Contracts to allow for the Using Agency payment of these delivery charges.”

“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 (thirty (30) Calendar Days ARO/F.O.B.*). The Contractor shall assume all costs, liability and responsibility for the delivery of merchandise in good condition to the State's Using Agency or designated purchaser. Thirty (30) Calendar Days ARO/F.O.B.* does not cover "spotting" but does include delivery on the receiving platform of the Using Agency at any destination in the State of New Jersey unless otherwise specified. No additional charges will be allowed for any additional transportation costs resulting from partial shipments made at the Contractor’s convenience when a single shipment is ordered. The weights and measures of the State's Using Agency receiving the shipment shall govern. Collect on Delivery (C.O.D.) Terms are not permitted.

*Please refer to Bid Solicitation Section 4.2.4.”

“An Agency-Use Price Line for Emergency Deliveries (Price Line 23), an Agency-Use Price Line for Return Shipping Charges, Restocking Fees (Price Line 24), and delivery charges for orders under $100 (Price Line 25) will be added to all Contracts to allow for the Using Agency payment of expedited delivery charges, restocking fees and return shipping charges as per Bid Solicitation Sections 4.2.2, 4.2.3 and 4.2.4.”

A revised version of the State of New Jersey Standard Terms and Conditions, dated 6/3/2025, has been published under the Attachments tab of the Bid Solicitation in NJSTART. This replaces the previous version of the State of New Jersey Standard Terms and Conditions dated 2/8/2024.

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