T0167 21DPP00567 Bid Amendment 3 12.7.20.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

December 7, 2020

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 21DPP00567 T0167 Electrical Equipment and Supplies, Statewide

Quote Submission Due Date: January 07, 2021 (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; and

· Revisions to the Bid Solicitation. Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

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 #21DPP00567 T0167 Electrical Equipment and Supplies, Statewide

Answers to Questions

Where applicable, each questions references the appropriate Bid Solicitation section

Section Reference Question (Bolded) and Answer

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Yes. Prior to the Quote Opening Deadline, a Vendor {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 Vendor {Bidder} fails to attach a required form or attaches a blank form. To review a submitted a Quote a Vendor {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.

As stated in Bid Solicitation Section 1.3.1.1, Exceptions to the NJ Standard Terms and Conditions (SSTC): Questions regarding the SSTC proposed exceptions to mandatory requirements, including the Special and Standard Terms and Conditions in Sections 5 and 9 of this Bid Solicitation must be posed during this Electronic Question and Answer period and shall contain the Vendors {Bidders} suggested changes and the reason(s) for the suggested changes. Additionally, as stated in Section 4.1, General: Quotes including Vendor {Bidder} proposed terms and conditions may be accepted, but Vendor {Bidder} proposed terms or conditions that conflict with those contained in the Bid Solicitation, as defined in Section 2.0 of this Bid Solicitation, or that diminish the States rights under any Blanket P.O. resulting from the Bid Solicitation, may render a Quote non-responsive.

Section 4.4.1.4 Small Business Set-Aside Blanket P.O.

There is a set aside for small business on this bid. If a Joint Venture is offered, do both parties have to be SBE's?

Yes. Bid Solicitation Section 1.4.8 (Joint Venture), states, in pertinent part: “Each party to the Joint Venture must individually comply with all the forms and certification requirements in Sections 4.4.1 and 4.4.2 of this Bid Solicitation.”

Further, Bid Solicitation Section 4.4.1.4 (Small Business Set-Aside Blanket P.O.) states, in pertinent part: “Pursuant to the provisions of N.J.S.A. 52:32-17 and N.J.A.C. 17:13 this is a full Set-Aside Blanket P.O. for Category I, II, III for Small Businesses. The Vendor {Bidder} must be registered as a qualifying 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.”

Section 4.4.1.4 Small Business Set-Aside Blanket P.O Does the small business have to be a NJ SBE, or do SBE's from other states qualify?

The Vendor {Bidder} must be registered as a Category I, II or III small business with the State of New Jersey through the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit.

Please refer to Bid Solicitation Sections 1.1 and 4.4.1.4 which states, in pertinent part: “The Vendor {Bidder} must be registered as a qualifying 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. The Vendor {Bidder} should provide, as part of its response to this Bid Solicitation, proof of its current registration as a qualifying small business with the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit.”

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

The estimated spend for the initial three year Blanket P.O. term is $7,200,000.

No. Vendors {Bidders} may offer a Quote for any brand that meets the category of the Bid Solicitation.

The brands listed in Bid Solicitation Section 3.1 are known manufacturers/brands that meet the State’s needs for each category.

Bid Solicitation Section 3.1 states in pertinent part (emphasis added in bold): “Each category includes products identified by the State Using Agencies as critical to their day-to-day operations. These products are currently identified by known brand names; however, Vendors {Bidders} may offer any brand that meets the requirements of the category.”

NJSTART General Tab

When is Bid Due?

The Quote submission due date has been revised to 01/7/21.

Please refer to the first page of this Bid Amendment and the cover page of the revised Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

This 3-year contract begins July 2021 correct?

The Blanket P.O.s awarded under Bid Solicitation 21DPP00567 are estimated to start on July 1, 2021. However, this effective date is only an estimate; the exact Blanket P.O. start date will be based upon the time needed for the completion of the evaluation of Quotes, issuance of Notice of Intent to Award letters and the award of Blanket P.O.s.

Bid Solicitation Section 5.2 states, in pertinent part: “The anticipated "Blanket P.O. Effective Date" is provided on the “Summary” page of the Bid Solicitation in NJSTART. If delays in the procurement process result in a change to the anticipated Blanket P.O. Effective Date, the Vendor {Bidder} agrees to accept a Blanket P.O. for the full term of this Blanket P.O.”

Vendors {Bidders} are reminded of the requirement listed in Bid Solicitation Section 4.4.5 (State-Supplied Price Sheet) which states, in pertinent part: “Each Vendor {Bidder} is required to hold its prices firm through issuance of Blanket P.O.”

Please see the revised Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”

Section 4.4.1.4 Small Business Set-Aside Blanket P.O.

We are registered as a WBE with the state, does this qualify us to bid this solicitation ?

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

No. The Vendor {Bidder} must be registered as a qualifying Category I, II or III 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 . Registration as a Women Owned Business Enterprise (WBE) alone is not sufficient to meet this requirement.

Bid Solicitation Sections 1.1 and 4.4.1.4 state, in pertinent part: “The Vendor {Bidder} must be registered as a qualifying 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.”

The price lists under the current Blanket P.O.s are not posted in NJSTART since the pricing is determined by the TRA-SER database. Vendors {Contractors} use the TRA-SER program and its Column 3 listing as the basis for the price from which its discount is taken. All percentage discounts are posted under the current Blanket P.O.s in NJSTART in the document titled “T0167 At A Glance” under the “Attachments” tab.

Vendors {Bidders} may submit their price lists/catalogs electronically in MS Excel, PDF or text format.

Bid Solicitation Section 4.4.3 states, in pertinent part: “Vendors {Contractors} can submit its price list(s) and/or catalog(s) in MS Excel, PDF or text format.

Vendors {Contractors} are permitted to update their Price List.

Bid Solicitation Section 3.8 Price List Updates, states in pertinent part:

“The Vendor {Contractor} may request a price list update for each contracted brand once during a rolling twelve (12) month period. If a Vendor {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 shall a Vendor {Contractor} update a single awarded brand more than one (1) time during a rolling twelve (12) month period.”

Section 3.8 has been updated to include the following statement:

Exception: The Vendor {Contractor} may request a price list update for each contracted brand of copper wire only under Categories 3 and/or 4 once during a rolling six (6) month period. If a Vendor {Contractor} has been awarded more than one (1) brand of copper wire, each brand may be updated at different times during a rolling six (6) month period, but in no event shall a Vendor {Contractor} update a single awarded brand of copper wire more than one (1) time during a rolling six (6) month period.

In addition, New Jersey Standard Terms and Conditions Section 6.1, Price Fluctuation During Contract, states in pertinent part “In an exceptional situation the State may consider a price adjustment. Requests for price adjustments must include justification and documentation.”

The awards herein are based on a Vendors {Bidders} responsiveness to the Bid Solicitation requirements, as stated in Bid Solicitation 6.6. If a Vendor {Bidder} meets the Bid Solicitation requirements for all categories/price lines bid, they will be awarded all price lines bid, thereby allowing a Vendor {Bidder} to offer parts from various brands and categories awarded. For example a complete and functional electrical/circuit panel may have the panel from Hubbell brand from Category 5, the circuit breakers from GE brand from Category 16 and the wiring from 3M brand under Category 4.

As per Bid Solicitation Section 3.9 Blanket P.O. Implementation/Ordering Process, An Agency may submit its project requirements to the Vendor {Contractor} and the Vendor {Contractor} may offer a quote for the items, based on the varying brands, categories and price lists associated with the Blanket P.O. award. Please refer to Bid Solicitation Section 3.9 (Blanket P.O. Implementation/Ordering Process).

Section 3.2.2 has been updated to include the following statement:

Using Agencies have 30 business days from receipt of an item to return any item that was ordered in error. Any returns due to Agency error outside of that time frame do not need to be accepted by the Vendor {Contractor}.

Section 7.2 Final Blanket P.O. Award, Example - A list price sheet from a manufacturer is unlike column 3 list price. We may be able to offer 95 % off of column 3 utilizing Tra-ser. But the state stands to lose discount when using a vendors list. We might be able to discount a great deal on some items (90%) but not so much on other items (25%). They supply company will only be able to offer 25% in fear that the higher discounted items may be chosen.

Vendors {Bidders} are required to bid a firm, fixed percentage discount or markup for all items in a brand manufacturer’s price list for a given category/brand. This may require a Vendor {Bidder} to select a firm, fixed average percentage discount or markup that will apply to pricing for all price list items within a given brand and category. As stated in Bid Solicitation Section 4.4.5.2, “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.”

Please refer to Bid Solicitation Section 4.4.5.2 (State-Supplied Price Sheet Instructions) for more information.

Important: As stated in Bid Solicitation Section 1.2.1, pricing is no longer based on the TRA-SER Electrical database.

Section 4.4.5.2 State-Supplied Price Sheet, Section 7.2 Final Blanket P.O. Award, Section 1.2.1 Significant Bid Solicitation Changes Category 5 that includes wiring devices & receptacles (Hubbell & Pass & Seymour) Hubbells list may only be 20% over true cost but Pass & Seymour list maybe 80% over cost. How will the state assure which supply house offered the better price ?

The Quote evaluation and award of Blanket P.O.s under this Bid Solicitation is not based on the percentage discount or markup bid; rather, it is based on a Vendor’s {Bidder’s} demonstration in the Quote that the Vendor {Bidder} understands and is able to complete the requirements of the Scope of Work as sought. Using Agencies will determine the most advantageous price based on its project requirements using the criteria set forth in Bid Solicitation Section 3.9 (Blanket P.O. Implementation/Ordering Process).

Bid Solicitation Section 3.9 states, in pertinent part: “Blanket P.O. users shall make purchases from that Vendor {Contractor} whose Blanket P.O. terms and conditions are most advantageous, price and other factors considered. Blanket P.O. users shall initiate a Blanket P.O. purchase project by preparing clear and unambiguous project requirements, based solely upon their needs. At the time of auditing, Blanket P.O. users will be required to demonstrate that the establishment of the project requirements is free from any bias or inclination against or in favor of any Vendor {Contractor}. Using its project requirements, current price list (as published in the Attachments tab of the Blanket P.O. in NJSTART) and Blanket P.O. discount or markup, a Blanket P.O. user shall determine the final purchase price for each Blanket P.O. for a given price line item.”

Quote Evaluation: Bid Solicitation Section 6.6 states, in pertinent part: “The Vendor’s {Bidder’s} demonstration in the Quote that the Vendor {Bidder} understands and is able to complete the requirements of the Scope of Work as sought.”

Blanket P.O. Award: Bid Solicitation Section 7.2 states, in pertinent part: “It is the State’s intent to award Blanket P.O.s to each responsive qualifying small business registered and approved with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit at the time of Quote opening as per Bid Solicitation Section 4.4.1.4.”

Section 3.2 Delivery Requirements Some items during Covid may take several days/weeks to supply to the State, and we have no control over the delivery timeframe from the Manufacturer, can this alter our delivery timetable? How do we make a notation on the price sheet? subject to availability during Covid?

The Delivery Days ARO entered on the State-Supplied Price Sheet should be realistic based on the brand bid by the Vendor {Bidder}. Vendors {Bidders} may offer Delivery Days ARO as a range, for example, 10-20 days.

If a Vendor {Contractor} anticipates a late delivery for any reason, the Vendor {Contractor} must immediately make the details known to the Using Agency Representative in writing.

In its written notification to the designated Using Agency Representative, the Vendor {Contractor} shall describe the corrective measure that will be taken to guarantee product availability and to prevent future delivery issues from occurring during the course of the Blanket P.O. {Contract} term.

Bid Solicitation Section 3.2 have been revised accordingly.

All Vendors {Bidders} that are a registered and approved small business with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit in accordance with Bid Solicitation Section 4.4.1.4 and that offer a Quote that meets the category definition and bid solicitation requirements, will receive an award pursuant to Bid Solicitation Section 7.2.

In this scenario, the Vendor {Bidder} is requesting that the submission of a TRA-SER price list be acceptable for the brand bid in lieu of the submission of the brand manufacturer’s price list.

The State does not have any preference to which type of price list is submitted for the brand, in this case through a TRA-SER price list or through a manufacturer’s price list. However, the State will not access any price list using the TRA-SER database; rather, the price lists will be uploaded as part of the NJSTART Blanket P.O. upon award, as stated in Bid Solicitation Section 1.2.1. Bid Solicitation Section 1.2.1 states, in pertinent part, “As part of the Blanket P.O. award, the State intends to upload the pricing contained within a given brands price list/catalog, as provided by the Vendor {Bidder}.”

Further, Bid Solicitation Section 3.9 states, in pertinent part: “Using its project requirements, current price list (as published in the Attachments tab of the Blanket P.O. in NJSTART) and Blanket P.O. discount or markup, a Blanket P.O. user shall determine the final purchase price for each Blanket P.O. for a given price line item.”

It is important to note that the State has no intention of subscribing to any paid subscription service pertaining to the TRA-SER database.

The State will accept a Vendor’s {Bidder’s} offering of a generic (unbranded) product for a given category. In those instances, the Vendor {Bidder} must insert the word ‘Generic’ under the “Brand Name” field on the State-Supplied Price Sheet.

Bid Solicitation Section 4.4.5.2, Step 4 has been updated to include this information. Please refer to the Revised Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”

No, the Vendor {Contractor} will not be responsible for supplying every State Agency and Quasi-State entity with the latest price list; rather, the price lists will be uploaded as part of the NJSTART Blanket P.O. upon award, as stated in Bid Solicitation Section 1.2.1. Bid Solicitation Section 1.2.1 states, in pertinent part, “As part of the Blanket P.O. award, the State intends to upload the pricing contained within a given brands price list/catalog, as provided by the Vendor {Bidder}.”

Further, Bid Solicitation Section 3.9 states, in pertinent part: “Using its project requirements, current price list (as published in the Attachments tab of the Blanket P.O. in NJSTART) and Blanket P.O. discount or markup, a Blanket P.O. user shall determine the final purchase price for each Blanket P.O. for a given price line item.”

Bid Solicitation Section 3.8 (Price List Updates) also addresses the publication of revised price lists in NJSTART under the Blanket P.O.

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. Here you can login to your account or apply for certification:

https://www.nj.gov/njbusiness/contracting/sbsa/

Can I apply online?

Yes, here is the link to the online application:

https://www.njportal.com/DOR/SBERegistry/

Section 4.4.1.4 Small Business Set-Aside Blanket P.O.

What if I submit a Quote but my firm’s small business status is listed as ‘Expired’ or ‘Revoked’ with the Division of Revenue and Enterprise Services (DORES), Small Business Registration and M/WBE Certification Services Unit by the date the Quote is received and opened? Does this mean that my Quote will not be considered responsive?

If your firm’s small business status is listed as ‘Expired’ or ‘Revoked’ by the DORES Small Business Registration and M/WBE Certification Services Unit at the date the Quote is received and opened, the Quote submitted by your firm will be considered non-responsive and will not be evaluated and considered for a Blanket P.O. award.

Bid Solicitation Revisions

Section Reference Revision

Notable Changes since the last Bid Solicitation The language in Bid Solicitation Section 1.2.1 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Submission of Quotes The language in Bid Solicitation Section 1.3.2 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Vendor {Bidder} Support The language in Bid Solicitation Section 1.3.3 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Contents of Quote The language in Bid Solicitation Section 1.4.4 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Quote Withdrawal After Quote Opening, Put Prior to Blanket P.O. Award

The language in Bid Solicitation Section 1.4.7.2 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

NJSTART Submission of Quote The language in Bid Solicitation Section 4.3.1 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Quote Content

The language in Bid Solicitation Section 4.4 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Forms, Registrations, and Certifications Required with Quote The language in Bid Solicitation Section 4.4.1 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Small Business Set-Aside Blanket P.O.

The language in Bid Solicitation Section 4.4.1.4 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Confidentiality/Commitment to Defend

The language in Bid Solicitation Section 4.4.2.4 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Submittals, Price List and/or Catalog

The language in Bid Solicitation Section 4.4.3 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Specification Data Sheets The language in Bid Solicitation Section 4.4.3.3 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Manufacturer's Certification The language in Bid Solicitation Section 4.4.3.4 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Precedence of Special Contractual Terms and Conditions The language in Bid Solicitation Section 5.1 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Blanket P.O. Term and Extension The language in Bid Solicitation Section 5.2 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Vendor {Contractor} Responsibilities The language in Bid Solicitation Section 5.5 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Disclosure of Product Composition The language in Bid Solicitation Section 5.13 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Director's Right of Final Quote Acceptance The language in Bid Solicitation Section 6.2 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Quote Evaluation Committee The language in Bid Solicitation Section 6.5 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Oral Presentation The language in Bid Solicitation Section 6.6 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Evaluation Criteria The language in Bid Solicitation Section 6.7 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Quote Discrepancies The language in Bid Solicitation Section 6.7.1 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Tie-breaking Criteria The language in Bid Solicitation Section 6.7.2 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

Evaluation of Quotes The language in Bid Solicitation Section 6.7.3 has been revised.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

State of New Jersey Standard Terms and Conditions The language in Bid Solicitation Section 9.0 has been revised in its entirety.

Please see revisions to the Bid Solicitation titled “T0167 21DPP00567 Revised Bid Solicitation 12.3.20”.

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