T0121 Bid Amendment 4.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

SHEILA Y. OLIVER

Lt. Governor

MAURICE A. GRIFFIN

Acting Director https://www.njstart.gov

November 7, 2019

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 19DPP00402 T0121 Breakaway U-post Sign Supports

Quote Submission Due Date: October 4, 2019 (2:00 p.m. Eastern Time)

REVISED Quote Submission Due Date: October 18, 2019 (2:00 p.m. Eastern Time)

REVISED Quote Submission Due Date: October 22, 2019 (2:00 p.m. Eastern Time)

REVISED Quote Submission Due Date: November 21, 2019 (2:00 p.m. Eastern Time)

Bid Amendment #4

The following constitutes Bid Amendment #4 to the above referenced Bid Solicitation:

· This Bid Amendment includes answers to questions; and

· The Quote submission due date is Thursday, November 21, 2019 at 2:00 p.m. ET.

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19”

· 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 “Revised T0121 19DPP00402 Price Sheet 11.1.19”

· Please note that Section 4.4.3 Submittals has been revised. The Vendor {Bidder} shall submit as part of its Quote a letter from the FHWA showing approval of the system bid by the Vendor {Bidder} as noted in Section 3.4 of this Bid Solicitation. FAILURE TO PROVIDE THIS DOCUMENT WITH YOUR QUOTE SHALL RENDER YOUR QUOTE NON-RESPONSIVE.

· Please note that Section 4.4.3.3 Specification Data Sheets has been revised. Vendors {Bidders} shall submit with its Quote, specification data sheets for all products bid. The specification data sheets must document that its product bid meets or exceeds the requirements of the Bid Solicitation specifications. FAILURE TO PROVIDE THESE DOCUMENTS WITH YOUR QUOTE SHALL RENDER YOUR QUOTE NON-RESPONSIVE.

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 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 # 19DPP00402 T0121 Breakaway U-post Sign Supports

Answers to Questions

The question references the appropriate Bid Solicitation section.

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

Section Reference Question (Bolded) and Answer

No, Type II breakaway u-posts have been removed from the Bid Solicitation and State-Supplied Price Sheet.

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 10.31.19.”

The revised State-Supplied Price Sheet titled “Revised T0121 19DPP00402 Price Sheet 11.1.19” must be submitted by the Vendor {Bidder} and will be utilized by the state for Quote evaluation.

Please utilize the link in Bid Solicitation Section 3.1.

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Type 1: Breakaway Steel U-Post Sign Supports – Price Lines 1 through 14

Is A.S.T.M. A663 the current standard?

No, the current standard is A.S.T.M. A1075. Bid Solicitation Section 3.2.1 has been revised as follows:

“Type 1 Steel U-Post sign supports shall be fabricated from hot rolled carbon steel bars conforming to the requirements of A.S.T.M. Designation A1075, Grade 50 or 60.

A specimen of the steel u-posts shall be submitted to the NJ Department of Transportation (NJDOT) for testing, within seven (7) days of a written request. The specimen shall be tested in accordance with A.S.T.M. A499 as per NJDOT’s 2019 Standard Specifications for Road and Bridge Construction.”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

No, the Charpy V-Notch test has been removed from this Bid Solicitation.

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Section Reference Revisions

The NJSTART Vendor Support Page Hyperlink has been updated throughout the Bid Solicitation.

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Information for Bidders The following link has been removed from Bid Solicitation Section 1.0:

“(http://www.state.nj.us/treasury/purchase/njstart/vendor.shtml)”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Purpose and Intent The following language has been deleted from Bid Solicitation Section 1.1:

“NOTE: The Vendor {Bidder} shall submit with its Quote a manufacturer’s certification confirming that all items offered in response to this Bid Solicitation conform to the requirements set forth in Section 3.0 of this Bid Solicitation.

Manufacturer’s certifications shall be submitted on company letterhead and signed by an officer of the company.”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Background The following language has been added to Bid Solicitation Section 1.2:

“Vendors {Bidders} should not rely upon or use data from the prior Blanket P.O.”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Notable Change Since the Last Bid Solicitation The following revisions have been made:

“This Bid Solicitation has been revised since the last reprocurement of this commodity. Please thoroughly read the entire Bid Solicitation including all sub-sections.

Notable changes include, but are not limited to:

Section 4.4.3 Submittals The Vendor {Bidder} shall submit as part of its Quote a letter from the FHWA showing approval of the system bid by the Vendor {Bidder} as noted in Section 3.4 of this Bid Solicitation.

Section 4.4.3.3 Specification Data Sheets Vendors {Bidders} shall submit with its Quote specification data sheets for all products bid. The specification data sheets must document that its product bid meets or exceeds the requirements of the Bid Solicitation specifications.”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

1.4.4 Contents of Quote The language in Bid Solicitation Section 1.4.4 has been revised as follows:

“After the opening of sealed Quotes, including Quotes submitted through the NJSTART electronic process, all information submitted by a Vendor {Bidder} in response to a Bid Solicitation is considered public information notwithstanding any disclaimers to the contrary submitted by a Vendor {Bidder}. Proprietary, financial, security and confidential information may be exempt from public disclosure by OPRA and/or the common law when the Vendor {Bidder} has a good faith legal/factual basis for such assertion.

When the Bid Solicitation contains a negotiation component, the Quote will not be subject to public disclosure until a notice of intent to award a Blanket P.O. is announced.”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Scope of Work The following revision has been made to Bid Solicitation Section 3.0:

“4.0 SCOPE OF WORK” has been revised to “3.0

SCOPE OF WORK – REQUIREMENTS OF THE

VENDOR {CONTRACTOR}”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Quote Preparation and Submission The following revision has been made to Bid Solicitation Section 4.0:

“4.0 QUOTE PREPARATION AND SUBMISSION” has been revised to “4.0

QUOTE PREPARATION AND SUBMISSION – REQUIREMENTS OF THE

VENDOR {BIDDER}”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

General The following link has been removed from Bid Solicitation Section 4.1:

“(http://www.state.nj.us/treasury/purchase/forms.shtml)”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

New Jersey Business Ethics Guide Certification The following revision has been made to Bid Solicitation Section 4.4.1.1.3:

“http://www.state.nj.us/treasury/purchase/ethics_guide.shtml” has been revised to https://www.state.nj.us/treasury/purchase/ethics.shtml

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Submittals The following revisions have been made:

A) “The Vendor {Bidder} shall submit as part of its Quote a letter from the FHWA showing approval of the system bid by the Vendor {Bidder} as noted in Section 3.4 of this Bid Solicitation.”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Specification Data Sheets The following revisions have been made:

“Vendors {Bidders} shall submit with its Quote specification data sheets for all products bid. The specification data sheets must document that its product bid meets or exceeds the requirements of the Bid Solicitation specifications.”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Use of “No Bid” verses “No Charge” on the State-Supplied Price Sheet The following revision has been made to Bid Solicitation Section 4.4.5.3:

“All price lines must be filled out in accordance with Section 4.4.5.2. 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 accompanying this Bid Solicitation. If the Vendor {Bidder} will supply an item on a price line free of charge, the Vendor {Bidder} must indicate “No Charge” on the State-Supplied Price Sheet accompanying this Bid Solicitation. The use of any other identifier may result in the Vendor’s {Bidder’s} Quote being deemed non-responsive.”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Electronic Payments The following revision has been made to Bid Solicitation Section 5.9:

“With the award of this Blanket P.O., the successful Vendor(s) {Contractor(s)} will be required to receive its payment(s) electronically. In order to receive your payments via automatic deposit from the State of New Jersey, you must complete the EFT information within your NJSTART Vendor Profile. Please refer to Section 5.2 of the QRG entitled “Vendor Profile Management – Company Information and User Access” for instructions. QRGs are located on the NJSTART Vendor Support Page.”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Evaluation Criteria The following revision has been made to Bid Solicitation Section 6.6:

B. Group price - (Sum of the prices per each for Price Lines 1 through 17 for Group 1, the sum of the prices per each for Price Lines 18 through 24 for Group 2, and the sum of the prices per each for Price Lines 25 through 34 for Group 3).

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

Requirements of Public Law 2005 The following language has been deleted from Bid Solicitation Section 7.1.1:

"The form is also available in NJSTART"

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

State of New Jersey Standard Terms and Conditions The following revision has been made to Section 9.0 State of New Jersey Standard Terms and Conditions:

“(Rev: 4/15/19)” has been revised to “(Rev: 10/21/19)”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

State of New Jersey Standard Terms and Conditions 5.5 Change in Law The following revisions have been made to Section 5.5 of the State of New Jersey Standard Terms and Conditions:

1. The following language has been deleted from Section 5.5 of the State of New Jersey Standard Terms and Conditions:

“Whenever a change in applicable law or regulation affects the scope of work, the Director shall provide written notice to the contractor of the change and the Director’s determination as to the corresponding adjusted change in the scope of work and corresponding adjusted contract price. Within five (5) business days of receipt of such written notice, if either is applicable:

A. If the contractor does not agree with the adjusted contract price, the contractor shall submit to the Director any additional information that the contractor believes impacts the adjusted contract price with a request that the Director reconsider the adjusted contract price. The Director shall make a prompt decision taking all such information into account, and shall notify the contractor of the final adjusted contract price; and

B. If the contractor has undertaken any work effort toward a deliverable, task or subtask that is being changed or eliminated such that it would not be compensated under the adjusted contract, the contractor shall be compensated for such work effort according to the applicable portions of its price schedule and the contractor shall submit to the Director an itemization of the work effort already completed by deliverable, task or subtask within the scope of work, and any additional information the Director may request. The Director shall make a prompt decision taking all such information into account, and shall notify the contractor of the compensation to be paid for such work effort."

2. The following language has been added to Section 5.5 of the State of New Jersey Standard Terms and Conditions:

“If, after award, a change in applicable law or regulation occurs which affects the Contract, the parties may amend the Contract, including pricing, in order to provide equitable relief for the party disadvantaged by the change in law. The parties shall negotiate in good faith, however if agreement is not possible after reasonable efforts, the Director shall make a prompt decision as to an equitable adjustment, taking all relevant information into account, and shall notify the Vendor {Contractor} of the final adjusted contract price.”

Please see revision to the Bid Solicitation entitled “Revised T0121 Bid Solicitation 19DPP00402 11.1.19.”

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