T1265 25DPP01044 Bid Amendment 1 8.19.24~2.docx

PHILIP D. MURPHY

Governor State of New Jersey

DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE AND PROPERTY

PROCUREMENT BUREAU

33 WEST STATE STREET

P. O. BOX 230

TRENTON, NEW JERSEY 08625-0230

ELIZABETH MAHER MUOIO

State Treasurer

TAHESHA L. WAY

Lt. Governor

AMY F. DAVIS, ESQ.

Acting Director https://www.njstart.gov

August 19, 2024

To: All Interested Bidders

Re: Bid Solicitation # 25DPP01044 T1265 Frozen Liquid Eggs - Whole Eggs, Scrambled Egg Mix and Egg White Omelets - for Distribution and Support Services

Quote Submission Due Date: August 29, 2024 (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.

It is the sole responsibility of the Bidder to be knowledgeable of all of the additions, deletions, clarifications, and modifications to the Bid Solicitation and/or the New Jersey Standard Terms and Conditions relative to this Bid Solicitation as set forth in all Bid Amendments.

All other instructions, terms, and conditions of the Bid Solicitation shall remain the same.

Bid Solicitation #25DPP01044 T1265 Frozen Liquid Eggs - Whole Eggs, Scrambled Egg Mix and Egg White Omelets - for DSS

Answers to Questions

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

Section Reference Question (Bolded) and Answer

Answer: Please be advised that all Quotes shall be submitted electronically through NJSTART.

Answer: Yes. Prior to the Quote Opening Deadline, a Bidder should review the documents comprising the submitted Quote to ensure that all of the required documents have been completed and attached. Oftentimes a Quote is deemed non-responsive because a Bidder fails to attach a required form or attaches a blank form. To review a submitted a Quote, a Bidder should log into NJSTART and review each document attached to the Quote submission. Instructions on how to review a submitted Quote can be found in the Quick Reference Guide entitled How to Review a Submitted Quote, which is available on the NJSTART Vendor Support Page under Vendor Reference Guides.

Answer: It is recommended that users utilize Microsoft Edge to view PDFs. Certain PDF forms cannot be opened in the Chrome or Firefox built in PDF viewers that are enabled by default. If using Chrome or Firefox it is recommended that the file is downloaded instead by clicking the download button in the upper right-hand corner of the browser after an error message is received. An alternative option is to disable the built in PDF viewers in Chrome or Firefox.

Answer: As stated in Bid Solicitation Section 2.2, Exceptions to the State of NJ Standard Terms and Conditions (SSTC): “Questions regarding the State of New Jersey Standard Terms and Conditions and exceptions to mandatory requirements MUST be posed during the Electronic Question and Answer period and shall contain the Bidder’s suggested changes and the reason(s) for the suggested change(s).” Moreover, as stated in Bid Solicitation Section 3.11, “Bidder proposed terms or conditions that conflict with those contained in the State of New Jersey Standard Terms and Conditions may render a Quote non-responsive.”

Note: This answer is revised and replaces the answer published in NJSTART under the Bid Solicitation’s Q & A Tab for Question #5.

Answer: Yes. As stated in Bid Solicitation Section 3.19: “Bidders should submit with its Quote specification data sheets for all Equivalent Products bid. The specification data sheets must document that its product bid meets or exceeds the requirements of the Bid Solicitation specifications.

Bidders offering Approved Products identified in this Bid Solicitation are not required to submit specification data sheets for those Approved Products only. However, all required information identified on the State-Supplied Price Sheet and outlined in Bid Solicitation Section 4.0 as necessary to confirm specification conformance must be provided.

In the event that the specification data sheets are not provided with a Bidder’s Quote, the Bidder must provide the specification data sheets within 48 hours following a written request from the State. Failure to comply with the written request within the allotted timeframe will result in a Bidder’s Quote non-responsive for the requested item(s).”

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

Answer: Bidders do not have to have prior bidding or contract experience in order for their quote to be considered responsive. The Bureau will request financial information from all Bidders that are proposed for a contract award.

Bid Solicitation Section 3.35 states, in pertinent part: “In order to provide the State with the ability to evaluate the Bidder’s financial capacity and capability to undertake and successfully complete the Contract, the Bidder should submit the following:

A. For publicly traded companies the Bidder should provide copies or the electronic location of the annual reports filed for the two most recent years; or B. For privately held companies the Bidder should provide the certified financial statement (audited or reviewed) in accordance with applicable standards by an independent Certified Public Accountant, including a balance sheet, income statement, and statement of cash flow, and all applicable notes for the most recent calendar year or the Bidder’s most recent fiscal year.”

Once submitted by the Bidder, the financial information will be independently reviewed by the Division’s Financial Analyst to confirm that the Bidder is financially capable of undertaking any contract award that is proposed to them.

Answer: That is correct, this Bid Solicitation has not been set aside for small businesses or disabled veteran owned businesses. Bid Solicitation Section 1.1 states, in pertinent part: “This Bid Solicitation has not been designated as a Small Business or Disabled Veteran-Owned Business set aside Contract, as per Bid Solicitation Sections 3.8 and 3.9.”

Bid Solicitation Sections 3.8 and 3.9 further state that these set-asides are not applicable to this procurement.

The roman numerals that appear on the Bid Solicitation cover page under “Small Business Set-Aside” indicate the category of eligibility for small businesses for both Goods and Services, Categories I, II and III and for Construction, Categories IV, V and VI. These categories directly correlate to a Vendor’s small business registration/certificate that is assigned to them by the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit (https://www.nj.gov/treasury/revenue/ucs.shtml).

This is also defined in Bid Solicitation 9.2 (Definitions), as follows:

“Small Business – Pursuant to N.J.S.A. 52:32-19, N.J.A.C. 17:13-1.2, and N.J.A.C. 17:13-2.1, “small business” means a business that meets the requirements and definitions of “small business” and has applied for and been approved by the New Jersey Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit as (i) independently owned and operated, (ii) incorporated or registered in and has its principal place of business in the State of New Jersey; (iii) has 100 or fewer full-time employees; and has gross revenues falling in one (1) of the six (6) following categories:

For goods and services - (A) 0 to $500,000 (Category I); (B) $500,001 to $5,000,000 (Category II); and (C) $5,000,001 to $12,000,000, or the applicable federal revenue standards established at 13 CFR 121.201, whichever is higher (Category III).

For construction services: (A) 0 to $3,000,000 (Category IV); (B) gross revenues that do not exceed 50 percent of the applicable annual revenue standards established at 13 CFR 121.201”

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