T0777 Bid Amendment 2~2.docx

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T0777 - Snow Plowing and Spreading Services - NJDOT
Solicitation number
20DPP00525
Issued by
New Jersey

About this file

This document is Bid Amendment #2 for Bid Solicitation #20DPP00525 T0777 - Snow Plowing and Spreading Services - NJDOT, issued by the New Jersey Department of the Treasury Division of Purchase and Property Procurement Bureau. The amended bid solicitation requests quotes for snow plowing and spreading services for the New Jersey Department of Transportation (NJDOT) covering Mercer County and Trenton City. The revised quote submission due date is June 9, 2020 at 2:00 PM Eastern Time. The contract will be a blanket purchase order with a base term of 3 years and the option to extend up to 2 additional 1-year terms.

The bid amendment provides answers to questions regarding the bid, revises attachments, and clarifies that there are no prevailing wage or small business subcontracting requirements. Pricing will consist of hourly rates for deployed time, operating time, and hauling services. The State will provide equipment if vendors do not supply their own. Vendors can bid on multiple snow sections/price lines but must be able to fulfill all services for the price lines bid. The State will evaluate pricing reasonableness and may conduct a best and final offer process.

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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

May 28, 2020

To: All Interested Vendors {Bidders}

Re: Bid Solicitation #20DPP00525 T0777 – Snow Plowing and Spreading Services – NJDOT

Revised Quote Submission Due Date: June 9, 2020 (2:00 p.m. Eastern Time)

Bid Amendment #2

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

· This Bid Amendment includes answers to questions;

· The Quote Submission Due Date has been extended to June 9, 2020 (2:00 p.m. Eastern Time);

· Revised Attachment #1 – Experience of Vendor {Bidder};

· Revised Bid Solicitation Checklist; and

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “T0777 Revised Bid Solicitation”.

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 #20DPP00525 T0777 – Snow Plowing and Spreading Services – NJDOT

Answers to Questions

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

Note: Some questions have been paraphrased in the interest of readability and clarity.

#
Bid Solicitation

Section Reference Question (Bolded) and Answer

1
General
When trying to open a Portable Document Format (PDF) I am receiving an error message and am unable to access the PDF. How should I proceed?

It is recommended that users utilize Internet Explorer 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.

2
General
Should I check that I have properly completed and attached all of the required documents with my submitted Quote?

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 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.

3
General
Regarding terms of payment and delivery, F.O.B, what would be appropriate for the delivery?

Payment will be made in accordance with Revised Bid Solicitation Section 3.20.3, Payment Procedure.

F.O.B. is not applicable to the services provided by this Revised Bid Solicitation.

4
General
For this Blanket P.O., are employees paid a Prevailing Wage rate?

No. Prevailing Wage does not apply to these services.

5
General

Where can I find information about filling out the required fields on the General tab and Items tab within NJSTART? What information is required in these fields?

When the Vendor {Bidder} is submitting a NJSTART Quote, 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} is instructed to do so only as a mechanism to comply with Revised Bid Solicitation Section 6.8 and prevent all pricing from being publicly displayed in NJSTART.

Vendors {Bidders} may refer to the “Vendor Registration” and “Submit a Quote” QRGs for additional instructions detailing how to enroll in NJSTART and submit a NJSTART electronic Quote. QRGs are located on the NJSTART Vendor Support Page.

6
General
How does a Vendor {Bidder} bid on multiple snow sections with a priority order? For example; priority #1, #2 and #3. If the first choice is not available, how can I be considered for second priority for a snow section?

A priority order as referenced does not apply to this Revised Bid Solicitation.

7
General
According to Attachment #2 - Snow Plowing Guide, the diagrams show gaps that are 100ft and 500ft between the snow plowing trucks. If a car attempts to pass a snow plowing truck by cutting through the 100ft/500ft gaps, and then loses control and as a result, is struck by the snow plowing truck because of the deep icy wind row, will the State assume responsibility for the accident due to the fact that the trucks are following the new NJDOT guide lines for snow plowing?

The State will not speculate on the liability of the various parties in the hypothetical scenario posed in the Question. The Vendor {Contractor} should comply with all applicable laws, regulations and guidelines when performing work under the Blanket P.O.

8
General
In the past the State had requested truck and driver affidavits for each truck that a Vendor {Contractor} planned to utilize. By doing this there was never any complications created, unlike the current contract where some unscrupulous Vendor {Contractor} had submitted Quotes for arbitrary routes/price lines, with low rates just to see how many routes/price lines they would be awarded. By only listing subcontractor’s names without any proof of equipment ownership, there is nothing to prevent this from happening again. Why doesn’t the State have any safe guards in place like requiring equipment and driver affidavits, and limiting the distance of how far a Vendor {Contractor} needs to report from its home (i.e. 40 to 60 miles away from one another) to the reporting location? Do these Vendors {Contractors} just want to broker routes out for commissions with no accountability for the job?

No, the State declines to require Vendors {Bidders} to abide by the above referenced stipulations.

9
General
Regarding snow plowing equipment, it costs on average between $7,000 to 10,000 to outfit one (1) truck with the equipment in order to meet the NJDOT requirements for plowing snow, with either used or new equipment. On a 10 truck price line/snow section/route, it will cost around $70,000 to $100,000. The Bid Solicitation is not long enough to pay the cost of the equipment and with the increased usage of the Deployed Time rate it would be impossible. Would the NJDOT consider financing the equipment? Would the NJDOT consider a 50% grant for the equipment? Would the NJDOT consider selling the equipment to the Vendors {Contractors} at a fleet cost discount?

No, the State declines to further consider or implement the options outlined by the question.

Section 3.15.5.1 of the Revised Bid Solicitation states, “If the Vendor {Contractor} does not supply its own equipment, the NJDOT will furnish the Vendor {Contractor} with snow plows and all necessary attachments and additional equipment for each truck.”

If a Vendor {Bidder} submits unit pricing for a price line/snow section under the 2nd Preference: All-Inclusive Hourly Rate – Class A and/or Class B Snow Plowing Truck – Without Snow Plow (snow plows provided by NJDOT) column on the applicable State-Supplied Price Sheet, the NJDOT will provide all equipment needed to outfit a truck for snow plowing Operations. Please refer to Revised Bid Solicitation Section 4.4.5.2.1, Snow Plowing and Hauling Services Price Sheet Instructions.

10
General
Regarding ballasts, due to the local municipal ordinances and regulations, most Vendors {Contractors} garage/storage locations cannot store any lose bulk material for ballasts. Instead of punishing and back charging the Vendor {Contractor} for this issue, can the State contact the local towns and require them to wave these rules, or just help the Vendor {Contractor} to find a solution?

No, ballast requirements as specified by the Revised Bid Solicitation are the responsibility of the Vendor {Contractor}.

11
General
Is the State going to pay a Prime Time/Premium Time rate? If so would you please explain when that would be utilized?

No. The State will not be utilizing or paying any Prime Time/Premium Time rates.

12
General
Is there a limit on how many snow sections/price lines that a Vendor {Bidder} may bid on? If awarded multiple snow sections/price lines, may the Vendor {Contractor} be allowed to withdraw some of its awarded snow sections/price lines without a penalty?

Vendors {Bidders} are not limited on the number of snow sections/price lines that a Vendor {Bidder} may bid on. However, Vendors {Bidders} must note that Revised Bid Solicitation Section 4.4.5.2 states that, “Vendors {Bidders} shall only provide unit pricing for the price lines that the Vendor {Bidder} is willing and fully able to provide, including all services specified by this Revised Bid Solicitation, as applicable.”

If a Vendor {Bidder} requests to withdraw snow sections/price lines following the issuance of the Notice of Intent to Award and during the Protest Period, the State will review such a request. There is no guarantee that such a request will be granted by the State.

13
General
Where do we find a complete list of the required forms if the Bid Solicitation Checklist does not identify all of them?

Please refer to Revised Bid Solicitation Section 4.0, Quote Preparation and Submission – Requirements of the Vendor {Bidder}, including subsections, for all required forms and submittals.

Please note that a Revised Bid Solicitation Checklist has been added to the “Attachments” Tab of this Bid Solicitation in NJSTART, as part of this Bid Amendment.

As specified by the Revised Bid Solicitation Checklist, this checklist was created as a guide to assist Vendors {Bidders} in preparing a complete and responsive Quote. This checklist may not identify all of the documents, forms or other information required. It is the vendor’s responsibility to ensure that all requirements of the Revised Bid Solicitation have been met.

14
General
Do Vendors {Bidders} no longer fill out sheets on each vehicle to be used? Also, do Vendors {Bidders} need to submit forms for each vehicle for each price line or just one (1) time with the entire Quote?

The Quote submission does not require vehicle specific forms. Please refer to Revised Bid Solicitation Section 4.0, Quote Preparation and Submission – Requirements of the Vendor {Bidder}, including subsections, for all required forms and submittals.

15
General
What is the Strike Team's function and when/why is the Strike Team called out, with the snow plowing Vendors {Contractors} staying home?

The Strike Team is not part of this procurement. The Strike Teams are on a separate contract used to cover a Maintenance Area when needed, as directed by the NJDOT. These Maintenance Areas consist of multiple Maintenance Yard locations. These “Strike Team” services are covered under T2924 – Snow Plowing Services by Area – NJDOT.

16
General
Does the Vendor (Bidder) have to live/operate its business within a certain amount of miles from the snow section/price line it is bidding on?

No, there are no residency requirements in the Revised Bid Solicitation. However, the Vendor {Contractor} awarded a snow section/price line must be able and willing to provide the services within the timeframes and requirements specified by the Revised Bid Solicitation.

17
General
Since the current contract has a renewable (extension) option for the upcoming year, it would be in everyone’s best interest to follow the COVID-19 regulations set forth by the Governor and the Center for Disease Control (CDC). It takes a tremendous amount of work to bid and to detach and refit any new trucks.

This question does not relate to the present procurement. Contractors for the current Snow Plowing and Spreading Services contract, which is currently set to expire on September 30, 2020, should refer all questions related to the current contract to the designated State Contract Manager. NJDOT follows all guidelines issued by the Governor regarding COVID-19.

18
General
Will the State be requiring current Contractors to return all equipment prior to Blanket P.O.s being awarded for this Bid Solicitation? Or can Contractors hold onto all of the equipment until the Blanket P.O.s are awarded, if said Contractors are bidding on snow sections/price lines that they are currently servicing under the current contract?

This question does not relate to the current Bid Solicitation. Contractors with awards for the current Snow Plowing and Spreading Services contract, which is currently set to expire on September 30, 2020, should refer all questions related to the current contract to the designated State Contract Manager.

19
General
Are the Vendors {Contractors} responsible for all equipment damages, even if was not caused by the Vendor {Contractor}?

As specified by Revised Bid Solicitation Section 3.15.1.1, “The Vendor {Contractor} shall be responsible for all loss or damage to such equipment that is attributable to its own negligence.”

20
General
Why are State representatives assigned to follow the Superintendents when they have no knowledge on how or when to perform Operations? The money spent on these individuals could be used to improve the quality of the equipment. The people at the State yards should be able to accomplish what these people are paid to do.

All State winter operation representatives are trained yearly and understand their position and responsibilities.

21
General
Compensation for attach/detach services was removed from the current contract. Compensation for a guaranteed minimum of $1,500 per truck has been eliminated in this Bid Solicitation. How does the State reason that Vendors {Contractors} should commit vehicles under this Bid Solicitation to the State, thereby eliminating other work opportunities, and be required to cover the expenses of preparing for snow work with absolutely no guarantee of compensation for the entire season?

The State declines to accept the proposed modification.

All Vendors {Bidders} are responsible for making their own business decisions and judgements as it relates to submitting a Quote in response to this Revised Bid Solicitation.

22
General
In previous contracts there was no more than two (2) hours maximum of Deployed Time paid to the Vendors {Contractors} per storm. I do not see any stipulation in this Bid Solicitation about the two (2) hour maximum Deployed Time per storm/snow event. In this respect, what the previous contracts offered was fair to the Vendor {Contractor} and the State. If this is removed the State will see performance problems because Vendors {Contractors} will not want to go out for the duration of any given storm (large or small) for half of its Operating Time rate. Additionally, the State will receive much higher hourly bid prices to compensate for the unknown fact that the Vendors {Contractors} face when it comes to just how much time will be Deployed Time and/or Operating Time. Take this previous winter season for example. There were only two (2) callouts for snow. The north region only had about 50 hours of total work performed, and the central region only had around 35 hours. Some of the Central & South region sections did not go out at all. The trucks only did one (1) or two (2) rounds on one (1) of the storms. With that being said, no one is going to want to work for the State for a large percentage of their time being paid via Deployed Time. Deployed Time rates as they currently are, are often less than what trucks make for everyday normal rates, let alone emergency service rates. This is something the State should seriously reconsider reinstating thru an addendum. Although the State has up to seven (7) days before the Quote Opening due date to answer the questions, this is something that should be answered ASAP. If need be, the Vendors {Bidders} can adjust their pricing accordingly to compensate for this situation.

The State will not be placing a cap on Deployed Time. Vendors {Contractors} will be paid a minimum of eight (8) hours, in accordance with Section 3.9.3 of the Revised Bid Solicitation, which states in part, “The Minimum Compensation shall consist of Deployed Time and Operating Time. If during a snow event where Operations do not exceed eight (8) hours, the NJDOT will pay the Vendor {Contractor} Operating Time for only the hours that work was performed. All other remaining hours that fulfill the eight (8) hour minimum, will be paid to the Vendor {Contractor} via Deployed Time.”

23
General
There used to be a $1,500.00 seasonal minimum compensation paid to the Vendor {Contractor} per truck. There is nothing that indicates the inclusion of this in this Bid Solicitation. This is something that the State should reconsider placing back into this Bid Solicitation. Some routes/snow sections/price lines did not go out once this past year. With that being said, is it fair to be obligated to provide these services for the State all winter long with no compensation?
24
General
How can the State provide no guarantee of compensation for a Vendor’s {Contractor's} committed services under this Bid Solicitation? Where is the incentive in this business proposition? The Vendor {Contractor} has no guarantee of revenue and has lost opportunity for other work by committing to this Bid Solicitation.

The State will only pay for work performed in accordance with the specifications and requirements of the Revised Bid Solicitation.

25
General
When will the State decide to either implement the reprocurement for the 2020-2021 Winter Season OR postpone the reprocurement till the 2021-2022 Winter Season?

The State intends to award this Revised Bid Solicitation by August 2020 in order for the Blanket P.O.s to be utilized for the 2020-2021 Winter Season. However, if the State is unable to have the awards in place for the 2020-2021 Winter Season, the services provided by the Blanket P.O.s resulting from this Revised Bid Solicitation will take effect for the 2021-2022 Winter Season. Vendors {Bidders} shall note that all pricing submitted must be held firm, regardless of the effective date of the Blanket P.O. awards.

26
General
How is a current Contractor supposed to return the equipment with the COVID-19 stay at home order?

Please refer to the answer for Question #17 and Question #18.

27
General
Do our subcontractors need to be registered as a Small Business?

No. Small Business registrations are not required for Subcontractors as this Revised Bid Solicitation does not contain a Small Business Subcontracting Set-Aside.

28
General
What If I submit a document (i.e. my Quote or a form) but then I need to update it?

If you have already submitted your Quote, you can submit an updated version prior to Quote Opening. A Vendor {Bidder} may withdraw its Quote submission in NJSTART prior to the Quote opening; however, Vendors {Bidders} should note that while withdrawn NJSTART Quotes remain viewable by the Vendor {Bidder} on its Vendor Profile Homepage, they are removed from the Division’s view and cannot be considered for Blanket P.O. award. The Vendor {Bidder} may submit a revised Quote as long as the Quote is received prior to the announced date and time for Quote submission. Vendors {Bidders} may refer to the QRG “Submit a Quote” for additional instruction. QRGs are located on the NJSTART Vendor Support Page.

29
General
Does this Blanket P.O. require public works?

No. This Revised Bid Solicitation does not require Public Works Contractor Registration.

30
General
If a Vendor {Bidder} can prove on paper that there is an equivalent truck, capacity and functionally wise, and is not listed as the specified style under this Bid Solicitation, is it suitable to use?

No. All Vendors {Contractors} must provide the required, specified trucks outlined in the Revised Bid Solicitation and the State-Supplied Price Sheets.

31
General
I own 9 trucks; is there the ability to bid on two (2) separate price lines/snow sections/routes? In other words, can I bid on more than one (1) price line/snow section/route?

Vendors {Bidders} are not limited on the number of snow sections/price lines/routes that a Vendor {Bidder} may bid on. However, Section 4.4.5.2 of the Revised Bid Solicitation states, “Vendors {Bidders} shall only provide unit pricing for the price lines that the Vendor {Bidder} is willing and fully able to provide, including all services specified by this Revised Bid Solicitation, as applicable.”

32
General
Is there a pre-set price or hourly rate that the Vendors {Bidders} must utilize for the Supervisor?

No, there is no pre-set price for Supervisors, unlike previous procurements.

33
General
Regarding the Prevailing Wage Act, this not applicable to this Bid Solicitation, correct?

Correct. The Prevailing Wage Act does not apply to this Revised Bid Solicitation.

34
General
Is there a seasonal minimum compensation provided to the Vendors {Contractors} in the event that there is no snow and/or no Call-Outs for snow plowing services?

No. There is no seasonal minimum compensation.

35
General
Does the Quote have to be submitted electronically through NJSTART, or can I submit a hard copy either personally or via mail?

All Quotes shall be submitted electronically through NJSTART. Vendors {Bidders} may refer to the “Vendor Registration” and “Submit a Quote” QRGs for additional instructions detailing how to enroll in NJSTART and submit a NJSTART electronic Quote. QRGs are located on the NJSTART Vendor Support Page.

If further assistance is needed, please email NJSTART Vendor email support: njstart@treas.nj.gov .

36
General
Regarding the Bid Solicitation Checklist, I am unable to open the link on the Bid Solicitation Checklist to access the Disclosure of Investigations and Other Actions Involving the Vendor Form (Part II of the aforementioned checklist). It does not give me an error message; it just isn't clicking. Is the form off the website the most up to date?

Please note that the Revised Bid Solicitation Checklist has been added to the “Attachments” Tab of this Bid Solicitation in NJSTART, as part of this Bid Amendment.

Additionally, Vendors {Bidders} can download the forms at the following web address: https://www.state.nj.us/treasury/purchase/forms.shtml

37
General
Is there an equipment form to be submitted for this Bid Solicitation?

No. There is no separate equipment form to be submitted.

38
General
Will this Bid Solicitation be awarded in phases?

No, the Revised Bid Solicitation will not be awarded in phases.

39
General
Where do we find a complete list of the required forms if the Bid Solicitation Checklist does not identify all of them?

Please refer to the answer for Question #13.

40
General
I am attempting to open a document within the NJSTART Bid Solicitation, and it will not open. It is saying that that the document is corrupted. This document is: T0777 Bid Solicitation 04.09.2020. Can you email me this portion?

Please contact the NJSTART Vendor email support so that they may assist you in acquiring the document. The NJSTART Vendor email support is: njstart@treas.nj.gov .

41
General
My firm has been plowing the northern part of the New Jersey Parkway for 35 years. We now want to provide plowing services for the State. I emailed the State Contract Manager (SCM) about how to acquire past contract pricing that is available to the public. The SCM said I should email the procurement specialist who would let me know how to do this. I have tried every other option and cannot seem to find it. I am not at all familiar with the State snow plowing contracts.

As specified by Revised Bid Solicitation Section 1.2, Background, Vendors {Bidders} interested in the current Blanket P.O. specifications and pricing information may review the current Blanket P.O. T0777 at www.njstart.gov by following these steps:

Go to: www.njstart.gov Select “Contract & Bid Search” Select “Contracts/Blankets” Under “Contract/Blanket Description” type in T0777, Click “Find It” The current Blanket P.O.s will appear under “Results”.

Vendors {Bidders} are cautioned that this new Bid Solicitation addresses current requirements. Vendors {Bidders} should not rely upon or use data from the prior Blanket P.O.

If further assistance is needed please email NJSTART Vendor email support: njstart@treas.nj.gov .

42
General
Is there an email address to send the new snow plow or salting contract to or can it be dropped off at West State Street or faxed?

All Quotes shall be submitted electronically through NJSTART. Vendors {Bidders} may refer to the “Vendor Registration” and “Submit a Quote” QRGs for additional instructions detailing how to enroll in NJSTART and submit a NJSTART electronic Quote. QRGs are located on the NJSTART Vendor Support Page.

If further assistance is needed, please email NJSTART Vendor email support: njstart@treas.nj.gov .

43
General
I have come along a question on the Offer and Acceptance page of the bid. There are 4 questions/boxes that I am unsure how to answer. Maybe you can please help.

1. Bid Security Amount

1. Performance Security Amount

1. Payment Security Amount

1. Retainage Percentage.

I am not sure what boxes need to be checked and what amounts of money need to be listed if any. If you can please provide me with any information I would really appreciate it.

Additionally, is this section of the Offer and Acceptance Page to be filled out by the Vendor {Bidder}, or is this section for State Use Only?

Bid Security, Performance Security, Payment Security, and Retainage do not apply to this Revised Bid Solicitation. Therefore, this information is not required on the Offer and Acceptance Page.

Additionally, this section of the Offer and Acceptance Page (Bid Security Amount/Performance Security Amount/Payment Security Amount/Retainage Percentage) is for State Use Only and is not to be filled out by the Vendor {Bidder}.

44
General
I tried to call this morning, I did not get an email regarding upcoming Bid Solicitation #20DPP00525 for T0777 - Snow Plowing and Spreading Services - NJDOT. We are a current contractor for snow plowing. Our NJ Start profile has his correct email. What am I missing or is there another area to check his email address?

Notifications about new bidding opportunities are based on the commodity code(s) a company selects during the registration process and are sent only to the main company email address listed in NJSTART. All open bids are available for viewing at https://www.njstart.gov/bso/external/publicBids.sdo.

This Revised Bid Solicitation was posted on NJSTART and publicly advertised in the Star-Ledger. Vendors {Bidders} are encouraged to regularly monitor NJSTART. If you have issues, please contact the NJSTART Help Desk via email at njstart@treas.nj.gov.

Vendors {Bidders} may refer to the “Vendor Registration” and “Submit a Quote” QRGs for additional instructions detailing how to enroll in NJSTART and submit a NJSTART electronic Quote. QRGs are located on the NJSTART Vendor Support Page.

45
Section 1.3.1

Electronic Question and Answer Period Will the answers to the questions posed during the Pre-Quote Conference and the Electronic Questions and Answer period be provided before the Q&A deadline?

The State will provide answers to questions asked during the Pre-Quote Conference and questions submitted during Electronic Questions and Answer period as part of this Bid Amendment. The answers will be provided a minimum of seven business (7) days prior to the day that Quotes are due.

46
Section 1.4.1

Bid Amendments: Revisions to the Bid Solicitation

When will we be notified of the release of the final version of the State-Supplied Price Sheet(s)?

If the State-Supplied Price Sheets were to be revised, they would be revised as part of a Bid Amendment to this Revised Bid Solicitation.

Bid Amendments will be posted on NJSTART and publicly advertised in the Star-Ledger. Vendors {Bidders} are encouraged to regularly monitor NJSTART for Bid Amendments to this Revised Bid Solicitation.

47
Section 3.3

Vendor {Contractor} Requirements – Bullet Point D The verbiage has not changed under this Bid Solicitation. Please clarify if the State will be providing blades, curb shoes, nuts, bolts, pistons, and other wear items to Vendors {Contractors} as they have done under the current contract?

Yes. Vendors {Contractors} who are not supplying their own equipment and therefore are utilizing NJDOT supplied equipment, will be provided with wear and tear replacement parts by the NJDOT.

Please refer to Revised Bid Solicitation Section 3.15.5.1, as this section has been revised as part of this Bid Amendment.

48
Section 3.3

Vendor {Contractor} Requirements – Bullet Point D When the Vendor {Contractor} is using State owned plows, how does the State reasonably justify holding the Vendor {Contractor} responsible to repair and/or replace damaged equipment if damage is caused by unmaintained roadways and/or unmarked hazards?

Please refer to Revised Bid Solicitation Section 3.3(D), as it has been revised as part of this Bid Amendment.

Additionally, please refer to the answer to Question #19.

49
Section 3.4.1

Driver/Operator Requirements Are hours of service requirements waived for these services?

All Vendors {Contractors} must obey and follow all applicable federal, State, and local laws, rules, and regulations when providing services under the Blanket P.O.s resulting from this Revised Bid Solicitation. This includes, but is not limited to, all CDL licenses requirements and Maggie’s Law.

50
Section 3.4.1

Driver/Operator Requirements Does the State recognize that for multiple reasons it is logistically impossible for Vendors {Contractors} to abide by this requirement during prolonged snow events?

No. Please refer to the answer for Question #49.

51
Section 3.4.1

Driver/Operator Requirements Does the State realize that the overwhelming majority of Vendors {Contractors} have not complied in the past and will not be able to comply in the future with the hours of service requirements?

Please refer to the answer for Question #49.

52
Section 3.4.1

Driver/Operator Requirements Does the State understand that in order to comply with the hours of service requirements, Vendors {Contractors} will have to give up other regularly scheduled work in order to not exceed hours of service for a forecasted storm that is unpredictable? Does the State think a business can succeed when a Vendor {Contractor} gives up guaranteed work for work that may never happen?

53
Section 3.4.1

Driver/Operator Requirements May the State please confirm that Commercial Driver’s License (CDL) regulations and hours of service are not in effect for this Bid Solicitation?

54
Section 3.4.1

Driver/Operator Requirements Does the State realize the proven solution that has worked in the past and the only tenable solution for the future is to ignore hours of service requirements for snow events? States nationwide should appeal to FMSCA.

55
Section 3.4.1

Driver/Operator Requirements Does the State realize the other FMSCA requirements that contribute to making hours of service requirements impossible? This includes hiring and maintaining additional drivers, drug testing, etc.

56
Section 3.8.2

Vendor {Contractor} Call-Out Procedure When snow is forecasted we begin our preparations of our fleet a full day prior to the event. This includes mounting plows, loading ballasts, and arranging our drivers, which requires a full day to a day and half of preparations. Should an unforeseen event arise and a Call-Out comes "off-the-cuff", there is no way we would be able to mobilize within the two (2) hour reporting time frame. With that being said, what type of leeway will Vendors {Contractors} be given for the two (2) hour reporting call out?

The State requires that Vendors {Contractors} report within the two (2) hour reporting time frame. Section 3.8.2 of the Revised Bid Solicitation states, “Upon receipt of a Call-Out, the Vendor {Contractor} shall, assemble the required number of trucks and/or equipment at the Assembly Location and be fully able and prepared to begin Operations within two (2) hours of Call-Out.”

57
Section 3.9

The Minimum Compensation Please clarify the Minimum Compensation. Will the Vendor {Contractor} be paid half the hourly Operating Time rate (or the Deployed Time rate) for the entire eight (8) hours if the trucks remain on standby for the entire snow event? Or will it be like the previous contracts, where in the past Vendors {Contractors} would be paid two (2) hours of the Deployed Time rate and then the remaining hours would be at its regular hourly rate (or the Operating Time rate)?

The Vendor {Contractor} will be paid the Deployed Time rate for eight (8) hours if the trucks remain on stand-by for the entire duration of the eight (8) hours. Section 3.9.3 of the Revised Bid Solicitation states, “The Minimum Compensation shall consist of Deployed Time and Operating Time. If during a snow event where Operations do not exceed eight (8) hours, the NJDOT will pay the Vendor {Contractor} Operating Time for only the hours that work was performed. All other remaining hours that fulfill the eight (8) hour minimum, will be paid to the Vendor {Contractor} via Deployed Time.”

58
Section 3.9.3

Calculating the Minimum Compensation

Are Vendors {Contractors} expected to know that they may be kept on Deployed Time for an entire snow event? If so, how can the State possibly conceive that Vendors {Contractors} will not significantly raise their prices at bidding and that there will be no savings to the State?

Vendors {Contractors} are expected to review, understand, and comply with all requirements specified by the Revised Bid Solicitation. All Vendors {Bidders} are responsible for making their own business decisions and judgements as it relates to submitting a Quote in response to this Revised Bid Solicitation.

59
Section 3.9.3

Calculating the Minimum Compensation

Once a Vendor {Contractor} has been directed to begin Operations (therefore they will be receiving Operating Time), will they remain on Operating Time for the duration of the storm?

No. They will only be on Operating Time for only the hours that Operations are being performed. Section 3.9.3 of the Revised Bid Solicitation states in part, “The Minimum Compensation shall consist of Deployed Time and Operating Time. If during a snow event where Operations do not exceed eight (8) hours, the NJDOT will pay the Vendor {Contractor} Operating Time for only the hours that work was performed.”

60
Section 3.9.3

Calculating the Minimum Compensation

After talking to subcontractors about the Deployed Time rate being more than two (2) hours in the eight (8) hour Minimum Compensation, it has been determined that there is less interest. Vendors {Contractors} and subcontracts could be make more money working hourly elsewhere than bidding on this Bid Solicitation. Would the State consider two (2) hours of Deployed Time rate and six (6) hours of Operating Time for the Minimum Compensation?

61
Section 3.9.3

Calculating The Minimum Compensation Section 3.11 Deployed Time

(a) When it comes to the Minimum Compensation, at what point does the Operating Time rate commence?

(b) Is it possible that the Deployed Time rate may be paid for the full eight (8) hour Minimum Compensation in the event that a snow storm "fizzles" out?

(a) Section 2.3 of the Revised Bid Solicitation defines Operating Time as “The period of time the Vendor {Contractor} spends performing snow plowing and/or spreading Operations.” Operating Time will commence once Operations have begun and will only be paid for the hours that Operations are performed. This determination of when Operations begins is at the discretion of the NJDOT, which is outlined in Revised Bid Solicitation Section 3.11, which states, “Determinations related to Operations, stand-by, or dismissal are at the discretion of NJDOT.” Please note that all other hours needed to fulfill the eight (8) hour Minimum Compensation will be paid at the Deployed Time rate. For example, if there is a snow event that’s last five (5) hours, and the Vendor {Contractor} performs two (2) hours of Operations, with three (3) hours of being on standby, then the Minimum Compensation will equate to a total of two (2) hours of Operating Time and six (6) hours of Deployed Time.

(b) Yes, it is possible that the Deployed Time rate will be paid for all eight (8) hours of the Minimum Compensation, in the event that a snow storm does not require Operations.

62
Section 3.9

The Minimum Compensation Section 3.11 Deployed Time With our experience plowing for over 35 years, this idea of Deployed Time verses Operating Time has never worked in the past. A Vendor {Contractor} does not have the incentive to arrive within the two (2) hour reporting time if they are not guaranteed the six (6) hours Operating Time. Additionally, with your removal of a seasonal minimum compensation and the elimination of an attach and detach fee, Vendors {Contractors} cannot afford to outfit a truck and all other expenses associated with this task. Vendors {Contractors} will have to raise the Deployed Time rate significantly, which in turn will raise the Operating Time rates.

The State is firm in its decision regarding Operating Time only be used for hours when Operations are being performed. The State declines to accept the proposed modifications.

63
Section 3.11

Deployed Time This section of the Bid Solicitation states that, "The Vendor {Contractor} will be paid Deployed Time until Operations have commenced or until it is dismissed by the NJDOT Site Supervisor if Operations have not commenced.” On what grounds does the NJDOT Site Supervisor base his/her decision to dismiss or not dismiss the Deployed Time rate? In the past Snow Plowing and Spreading Services contracts, the Deployed Time Rate was dismissed after the initial two (2) hours of Deployed Time, and then the Vendors {Contractors} were paid the Operations Time rate.

Determinations related to Operations, stand-by, or dismissal are at the discretion of NJDOT. Please refer to Section 3.11 of the Revised Bid Solicitation, as this section has been revised as part of this Bid Amendment.

64
Section 3.11

Deployed Time If a truck shows up after the two (2) hour reporting period for a Call-Out, does that truck’s time start when it arrives at the Assembly Location or when the truck begins Operations?

Payment for that truck would begin when it arrives at its designated Assembly Location and is fully operational and prepared to commence Operations. The pay rate for the truck would depend on the snow event’s current circumstances; this truck could either be on standby with the rest of the trucks, resulting in the truck’s time starting on Deployed Time, or it could be sent straight to Operations work, resulting in the truck’s time starting on Operating Time.

Please note that Revised Bid Solicitation Section 3.11, Deployed Time, has been revised as part of this Bid Amendment.

Please also note that in accordance with Revised Bid Solicitation Section 3.15.1.2, payable time for the Superintendent shall be in accordance with the following procedures:

A. Procedure #1: Payable time for the Superintendent shall begin from the moment that the Vendor {Contractor} received the Call-Out, if all the required trucks, equipment, and drivers/operators arrive fully prepared to begin Operations at the Assembly Location, within the two (2) hour reporting time; or

B. Procedure #2: Payable time for the Superintendent shall begin when the first non-Superintendent truck arrives at the Assembly Location, if any of the required trucks, equipment, and drivers/operators do not arrive fully prepared to begin Operations at the Assembly Location, within the two (2) hour reporting time.

If the stipulations in Procedure #1 are not met, then Procedure #2 will prevail.

65
Section 3.11

Deployed Time

(a) The current contract has Vendors {Contractors} being paid a maximum of two (2) hours Deployed Time if all trucks for that specific snow section report within the two (2) hour reporting time, fully prepared to commence Operations. Moreover, under the current contract, after two (2) hours of sitting on stand-by whether or not Operations have commenced, the Operations Time rate was being utilized to pay the Contractor. Does the new Bid Solicitation follow the above protocol for payment?

(b) Under the new Bid Solicitation, for example, if a Vendor {Contractor} was called out for a 20 hour snow event, could the Vendor {Contractor} be on stand-by for six (6) hours, then perform Operations for six (6) hours, then back on stand-by for another six (6) hours, then finish with two (2) hours of performing Operations. Therefore switching back and forth between the Deployed Time rate and the Operating Time rate?

(a) No. This Revised Bid Solicitation does not follow the referenced protocol for payment. Please refer to the answer to part b of this question below for further information regarding payment structure.

(b) Yes. This example referenced in the above question part b is how Deployed Time and Operating Time will be utilized under this Revised Bid Solicitation. Section 2.3 of the Revised Bid Solicitation states, that Operating Time is, “The period of time the Vendor {Contractor} spends performing snow plowing and/or spreading Operations.” When Vendors {Contractors} is on stand-by, regardless of how long that is, the Vendor {Contractor} will only be paid Deployed Time rate.

66
Section 3.11

Deployed Time For this Bid Solicitation, is the State removing the specifications where it is detailed that Operating Time would be paid after two (2) hours of sitting on stand-by regardless if Operations are being performed or not? This differs from the current contract.

Yes. The State will pay Operating Time only when Operations are being performed. When Vendors {Contractors} are instructed to be on stand-by they will be paid via Deployed Time.

67
Section 3.11

Deployed Time Will Deploy Time have a maximum time limit like in previous contracts, or can the Vendors {Contractors} theoretically be paid Deployed Time for an entire snow event? Also, once Operations have commenced and Vendors {Contractors} are now being paid Operating Time, will the Vendors {Contractors} remain on Operating Time, or will the State revert back to Deploy Time?

There is no maximum time limit for Deployed Time. Section 2.3 of the Revised Bid Solicitation states, that Operating Time is, “The period of time the Vendor {Contractor} spends performing snow plowing and/or spreading Operations.” Therefore, Operating Time is only used for hours that are spent performing Operations.

NJDOT reserves the right to direct Vendors {Contractors} from Operating time to Deploy Time (standby) during a snow event, if deemed to be necessary by NJDOT.

Please refer to Section 3.11 of the Revised Bid Solicitation, as it has been revised as part of this Bid Amendment.

68
Section 3.11

Deployed Time Is it true that Deployed Time (standby time) will be paid for the entire time that we are on standby (which is half the price submitted for Operating Time)?

Yes. Please refer to the answer for Question #67.

69
Section 3.11

Deployed Time Regarding Deployed Time, please see the following examples:

A) Example 1: The Vendor {Contractor} is called out at 7 A.M. on January 2, 2021, for plowing Operations that commence at 5 P.M., then end at 7 A.M. on January 3, 2021. For this scenario, does the State intend to hold the Vendor {Contractor} on the Deployed Time rate (half the Operating Time rate) from the moment that they received the Call-Out until Operations commence? This equates to 10 hours of Deployed Time (half Operating Time rate) and 14 hours of Operating Time.

A) No. Payment for Deployed Time does not begin when a Vendor {Contractor} receives a Call-Out. Payment for Deployed Time shall begin when the Vendor {Contractor} truck is fully operational and prepared to commence Operations at the Assembly Location, and is on stand-by awaiting instructions from the NJDOT Regional Emergency Operations Center, or a designated representative, to either begin the Operations or be officially dismissed following NJDOT determination that Operations will not be required The State will only pay the Vendor {Contractor} the Operating Time rate for the hours that Operations are actually being performed. Please refer to Section 3.11 of the Revised Bid Solicitation, as it has been revised as part of this Bid Amendment.

B) Example 2: The Vendor {Contractor} is called out at 7 A.M. on January 2, 2021, and is sent home at 7 A.M. on January 3, 2021, but never performed plowing Operations. For this scenario, does the State intend to pay the Vendor {Contractors} at the Deployed Time rate (half the Operating Time rate) for all 24 hours?

B) Operations are not performed by the Vendor {Contractor} during that time so no Operating Time will be paid. As a result, the Vendor {Contractor} would only receive the Deployed Time rate when the Vendor {Contractor} truck is fully operational and prepared to commence Operations at the Assembly Location, and is on stand-by awaiting instructions from the NJDOT Regional Emergency Operations Center, or a designated representative, to either begin the Operations or be officially dismissed following NJDOT determination that Operations will not be required The State will only pay the Vendor {Contractor} the Operating Time rate for the hours that Operations are actually being performed. Please refer to Section 3.11 of the Revised Bid Solicitation, as it has been revised as part of this Bid Amendment.

C) Example 3: The Vendor {Contractor} is called out at 7 A.M. on January 2, 2021, with plowing Operations commencing at 5 P.M. Operations then stop from 12 A.M. to 4 A.M. Then Operations recommence at 4 A.M. until they stop all together at 11 A.M., on January 3, 2021. Does the State intend to fluctuate between utilizing the Operating Time rate and Deployed Time rate during a snow event because the Vendors {Contractors} had to stop Operations to wait a few hours for the eye of storm to pass by or the slow snow to build up for another run? Additionally, does the State intend to put the Vendors {Contractors} on Deployed Time rate pay while they are on hold at the end of storms for several hours?

C) Yes, NJDOT reserves the right to fluctuate between the Deployed Time rate and the Operating Time rate, as needed. Vendors {Contractors} will be paid either Operating Time or Deployed Time depending on the circumstances of the snow event and operational needs. If needed, NJDOT reserves the right to hold Vendors {Contractors} on standby at the end of a snow event for operational needs, which will be paid at either the Deployed Time rate or the Operating Time rate, which is at the discretion of the NJDOT.

D) Example 4: If a 10 truck crew is on standby at the end of a snow event and the NJDOT Site Supervisor only wants one (1) to three (3) trucks to plow the shoulders or clean a small path, does the State only intend to pay the Vendor {Contractor} for those trucks that are being used or is the whole plowing crew rate paid?

D) Only the trucks that are being utilized for Operations will be paid Operating Time.

E) Does the state want all the Vendors {Contractors} to increase their plowing rate to compensate for the difference of the increased usage of the Deployed Time rate?

E) All Vendors {Bidders} are responsible for making their own business decisions and judgements as it relates to submitting a Quote in response to this Revised Bid Solicitation.

F) Who determines when the snow event ends and when stand by begins?

F) The NJDOT will determine when the snow event ends and when stand-by begins.

70
Section 3.11

Deployed Time I do not see where in the Bid Solicitation it states that if a snow event is over eight (8) hours, how many hours will be Deployed Time and how many hours will be Operating Time. As in the past, it was two (2) hours of Deployed Time and the rest was at the Operating Time rate.

There is no maximum for Deployed Time. Please refer to the answer for Question #67.

71
Section 3.12.3

Equipment Breakdown and Repairs If State owned equipment fails during a snow event and must be repaired or replaced, Vendors {Contractors} must have access to the State garage and State personnel. If our employee requires any assistance from the State, State personnel should be required to assist, and Vendors {Contractors} should not be docked the hours it takes to complete the repair.

The NJDOT will assist; however, the Vendor {Contractor} will not be paid for a truck that is not working and is being repaired. During the time the equipment is being repaired, it shall be set a No-Pay Status until the equipment is fully operational again.

72
Section 3.12.7.1

Hauling and Other Equipment – General Information

Do all snow plowing price lines require hauling services?

No. Only the price lines that are listed in Section 3.12.7.1 require hauling services. Revised Bid Solicitation Section 4.4.5.2.1 states, “Vendors {Bidders} shall provide the All-Inclusive Hourly Rate Hauling Only for each required price line, as specified by Section 4.4.5.2.1D(1) and the State-Supplied Price Sheet for Snow Plowing and Hauling Services. Failure to provide hauling pricing for a price line requiring hauling services shall result in the Quote being deemed non-responsive and ineligible for award of the respective price line.”

73
3.15.3

Ballasts Are the State yards now going to provide ballasts for any Vendors {Contractors} who do not have access to a ballast at the time of a Call-Out?

Yes; however, please refer to Sections 3.15.3.2 and 3.15.3.3 detailing the process for when the Vendor {Contractor} does not show up with ballasts.

74
Section 3.16

Other Equipment Regarding Other Equipment, certain yards have used loaders, but we have previously never been asked to provide these services.

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