T0983 21DPP00589 Bid Amendment 1 11.23.20.docx
DOCX document 80 KB Posted
- Attached to
- T0983 Environmental Testing Instruments, Equipment and Supplies for Air and Water Quality
- Solicitation number
- 21DPP00589
- Issued by
- New Jersey
About this file
This document is a Bid Amendment for a Bid Solicitation issued by the New Jersey Department of the Treasury, Division of Purchase and Property, Procurement Bureau for Environmental Testing Instruments, Equipment and Supplies for Air and Water Quality Testing and Monitoring on a statewide basis. The bid solicitation has a due date of December 18, 2020 at 2:00 pm Eastern Time. The bid amendment includes answers to vendor questions and revisions to the bid solicitation. Key revisions include updates to the replacement of unsatisfactory products, indemnification, prompt payment, and warranty terms. The contract opportunity is open to vendors and includes jurisdictions such as Mercer County and Trenton City.
The bid solicitation requires vendors to submit a state-supplied price sheet with their quote, which can include a percentage discount or markup applied to the vendor's published price list. Vendors are allowed to take exceptions to the state's standard terms and conditions, which must be submitted during the electronic question and answer period. The contract will be awarded to responsive and responsible vendors, with the state reserving the right to make single or multiple awards.
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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
November 23, 2020
To: All Interested Vendors {Bidders}
Re: Bid Solicitation # 21DPP00589 T0983 Environmental Testing Instruments, Equipment and Supplies for Air and Water Quality Testing and Monitoring – Statewide
Quote Submission Due Date: 12/18/20 (2:00 p.m. Eastern Time)
Bid Amendment #1
The following constitutes Bid Amendment #1 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 “T0983 21DPP00589 Revised Bid Solicitation 11.23.20”
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 #21DPP00589 T0983 Environmental Testing Instruments, Equipment and Supplies for Air and Water Quality Testing and Monitoring – Statewide
Answers to Questions
Where applicable, each question references the appropriate Bid Solicitation section.
| # |
| Bid Solicitation |
Section Reference Question (Bolded) and Answer
| 1 |
| Section 3.6 |
REPLACEMENT OF UNSATISFACTORY PRODUCT
Will New Jersey accept a reasonable cure period, requesting no open ended “cover”.
Answer:
Yes.
Bid Solicitation Section 3.6 has been updated to include the proposed revision. Please see revisions to the Bid Solicitation titled “T0983 21DPP00589 Revised Bid Solicitation 11.23.20”.
Requesting the following language to be accepted: In the event the product delivered does not meet the approved product specifications or is damaged prior to or at the time of delivery, as determined by the Using Agency, the Vendor {Contractor} shall immediately remove and replace the unsatisfactory product, at no cost to the Using Agency. The timeframe for the replacement shall not exceed 15 days from the Notice from the Using Agency. Failure to comply may result in the product being removed from the Blanket P.O.
ANSWER:
The State rejects the proposed modification as drafted. However, please see revisions to the Bid Solicitation titled “T0983 21DPP00589 Revised Bid Solicitation 11.23.20”. Please refer to Bid Solicitation Section 3.6.
| 2 |
| Section 4.1 |
INDEMNIFICATION
Exceptions to the NJ Standard Terms and Conditions Requesting terms of indemnifying the State to the extent of its acts/omission, but not for the acts/omissions of others. Please add the following: “Any and all indemnification obligations imposed upon Supplier are limited to the extent of those damages proportionately caused by Supplier’s breach of the Agreement, negligence, wrongful conduct, or violations of law. In no case is Supplier liable for any damages caused by negligence, misuse or misapplication of goods by others.”
The State rejects the proposed modification.
| 3 |
| Section 6.5 |
NEW JERSEY PROMPT PAYMENT ACT
Exceptions to the NJ Standard Terms and Conditions The State of New Jersey has been doing business with us for several years under Net Payment terms of Net 30 days. Will State of New Jersey continue to accept payment terms of Net 30 days?
This question has been paraphrased in the interest of readability and clarity.
ANSWER: No.
Section 6.5 (New Jersey Prompt Payment Act) of the State of New Jersey Standard Terms and Conditions states, in pertinent part (emphasis added in bold): “The New Jersey Prompt Payment Act, N.J.S.A. 52:32-32 et seq., requires state agencies to pay for goods and services within 60 days of the agency's receipt of a properly executed State Payment Voucher or within 60 days of receipt and acceptance of goods and services, whichever is later. Properly executed performance security, when required, must be received by the State prior to processing any payments for goods and services accepted by state agencies. Interest will be paid on delinquent accounts at a rate established by the State Treasurer. Interest shall not be paid until it exceeds $5.00 per properly executed invoice.”
The New Jersey Prompt Payment Act, N.J.S.A. 52:32-32 et seq., is a legislative mandate that may not be modified without legislative approval. However, the State strives to make payment at the earliest possible convenience.
| 4 |
| Section 3.10 |
GUARANTEE/ WARRANTY
Requesting the following terms to be accepted: Warranty. Supplier warrants to Customer that each of the Goods conforms to its written warranty set forth in its user manual in effect on the date of purchase, or, if there is no express warranty therein, that each of the Goods will be free from defects in material and workmanship and will conform to the manufacturer’s quoted specifications for twelve (12) months from delivery. Warranties do not extend to consumable items as such as, without limitation, reagents, batteries, mercury cells, and light bulbs. Supplier warrants that it will perform all Services in accordance with its standard practices and that the Services will be free from defects in workmanship for a period of ninety (90) days from their date of performance. If Supplier breaches this warranty and the Customer notifies Supplier of such breach within 30 days of the end of the applicable warranty period, Supplier will, at its option, either replace or repair the nonconforming Goods, or re-perform any nonconforming Services, or refund the amounts paid by Customer to Supplier for the nonconforming Goods and/or Services. This is the exclusive remedy for any breach of warranty. Supplier expressly disclaims any remedies of coverage and any warranties implied by law, including but not limited to any warranty of merchantability or fitness for a particular purpose.
ANSWER: The State rejects the proposed modification. However, as per Bid Solicitation Section 3.10, Guarantee/Warranty, the State will accept and follow all manufacturer’s requested practices and instructions associated with the product to ensure that the warranty is not violated.
Bid Solicitation Section 3.10 states, in pertinent part: “All products shall carry the manufacturer's standard warranty. The warranty statement/document shall be included with each product delivery.”
Section 3.10
GUARANTEE/ WARRANTY
Requesting the following terms to be accepted. All product warranties and guarantees shall only be enforceable if (a) all equipment is properly installed, inspected regularly and is in good working order, (b) all operations are consistent with Supplier recommendations, (c) operating conditions at the Customer site have not materially changed and remain within anticipated specifications, and (d) no reasonably unforeseeable circumstances exist or arise. Customer acknowledges and agrees that the products provided hereunder are not designed or approved for, and will not be used (without the express written approval of an officer of supplier) in connection with, any products that are used or designed to be used in connection with any activities where the failure of such products could reasonably be expected to result in death, bodily injury, or severe physical or environmental damage (high risk activities). In no event will supplier have any liability to customer or any third party arising out of or related to any use of the products in connection with high risk activities, and supplier hereby disclaims any express or implied warranty of fitness for any high risk activities.
The State rejects the proposed modification. However, as per Bid Solicitation Section 3.10, Guarantee/Warranty, the State will accept and follow all manufacturer’s requested practices and instructions associated with the product to ensure that the warranty is not violated.
Bid Solicitation Section 3.10 states, in pertinent part: “All products shall carry the manufacturer's standard warranty. The warranty statement/document shall be included with each product delivery.”
| 6 |
| Section 4.4.5.2 |
STATE SUPPLIED PRICE SHEET INSTRUCTIONS
If a Vendor {Bidder} is offering its pricing at the same pricing listed on the pre-printed catalog/price list, the Vendor {Bidder} should provide 0% in the “Percentage (%) Discount (-) or Markup (+)” field on the State-Supplied Price Sheet?
ANSWER: Yes.
Please confirm if the submitted price list we are offering includes the offered discount then within the Percentage Tab within the Price Sheet you are to enter a 0%; not enter the % discount being offered even though a discount percentage is being offered on the submitted catalog price list.
ANSWER: The scenario presented here implies that the price list includes a price column with an already-applied discount to the product pricing that appears in the price list.
If the Vendor {Bidder} offers a price list that includes product pricing that has already been discounted by the brand manufacturer and the Vendor {Bidder} does not wish to apply any further discount or markup to the pricing contained within the price list, then the Vendor {Bidder} must enter ‘0%’ in the "Percentage (%) Discount (-) or Markup (+)” field of the State-Supplied Price Sheet for the brand bid.
In the alternative, if a Vendor {Bidder} provides a percentage discount or markup in the "Percentage (%) Discount (-) or Markup (+)” field of the State-Supplied Price Sheet for the brand bid, that discount or markup would be applied to the pricing contained within the manufacturers price list, even if the pricing contained within the price list has already been discounted by the brand manufacturer.
To avoid any confusion, the price list provided by the Vendor {Bidder} for the brand bid should only contain one price column, to which the discount or markup bid from the State-Supplied Price Sheet will be applied.
As stated in Bid Solicitation Section 4.4.5.2, Step 3: “If a Vendor {Bidder} is offering its pricing at the same pricing listed on the pre-printed catalog/price list, the Vendor {Bidder} should provide 0% in the “Percentage (%) Discount (-) or Markup (+)” field on the State-Supplied Price Sheet.”
Bid Solicitation Section 4.4.5.2, Step 3 further states: “If a Vendor {Bidder} leaves the Percentage (%) Discount (-) or Markup (+)” field blank on the price line, it shall be considered that the Vendor {Bidder} provided no Quote for the price line item.”
| 7 |
| Section 3.8 |
PRICE LIST UPDATES
Section 4.4.3
SUBMITTALS
Section 4.4.5.2
STATE SUPPLIED PRICE SHEET INSTRUCTIONS
For the price list submission, is it acceptable to complete the State-Supplied Price Sheet and then provide a PDF copy of our entire published price list and then simply identify the applicable pages of this price list that will be offered under our bid solicitation proposal.
ANSWER: Yes. Bid Solicitation Sections 3.8 and 4.4.3 have been revised accordingly. Please see revisions to the Bid Solicitation titled “T0983 21DPP00589 Revised Bid Solicitation 11.23.20”.
| 8 |
| PDF Documents |
| When trying to open a Portable Document Format (PD) 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.
| 9 |
| Quote Submission |
| 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.
| 10 |
| Section 1.3.1.1, |
Exceptions to the NJ Standard Terms and Conditions Will the State allow Vendors to take exception to any of the Standard Terms and Conditions?
As stated in the 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 posed during this Electronic Question and Answer period and shall contain the Vendor's {Bidder's} 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 that conflict with those contained in the Bid Solicitation, as defined in Section 2.0 of this Bid Solicitation, or that diminish the State's rights under any Blanket P.O. resulting from the Bid Solicitation, may render a Quote non-responsive."
Bid Solicitation Revisions
| # |
| Bid Solicitation |
Section Reference Revision
| 1 |
| 1.3.2 |
Submission of Quotes The language in Bid Solicitation Section 1.3.2 has been revised.
Please see revisions to the Bid Solicitation titled “T0983 21DPP00589 Revised Bid Solicitation 11.23.20”
| 2 |
| 1.3.3 |
Vendor {Bidder} Support The language in Bid Solicitation Section 1.3.3 has been revised.
Please see revisions to the Bid Solicitation titled “T0983 21DPP00589 Revised Bid Solicitation 11.23.20”
| 3 |
| 5.1 |
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 “T0983 21DPP00589 Revised Bid Solicitation 11.23.20”
| 4 |
| 9.0 |
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 “T0983 21DPP00589 Revised Bid Solicitation 11.23.20”
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