T1353 Amendment 1 10.20.21.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

October 20, 2021

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 22DPP00685 Bid Solicitation: T1353 Fresh Fruits and Vegetables - Statewide Quote Submission Due Date: November 9, 2021 (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 “T1353 Revised Bid Solicitation 10.20.21.”

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: # 22DPP00685 T1353 Fresh Fruits and Vegetables - Statewide Answers to Questions

Section Reference Question (Bolded) and Answer

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

Answer: 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.

Answer: 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.

Answer: 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 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 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 State's rights under any Blanket P.O. resulting from the Bid Solicitation, may render a Quote non-responsive."

Answer: Yes; Vendors {Bidders} are required to provide, with its Quote, the signed Specification Conformance Certification as indicated in Bid Solicitation Section 4.4.3.

Bid Solicitation Section 4.4.3 states: "The Vendor {Bidder} shall submit with its Quote a Vendor's {Bidder's} certification in the form of the attachment titled "Specification Conformance Certification," confirming that all items offered in response to this Bid Solicitation conform to the requirements set forth in Section 3.0 of this Bid Solicitation. Please see the attachment entitled "Specification Conformance Certification."

Answer: The New Jersey Pay to Play Law - N.J.S.A. 19:44-20.13 et seq., was enacted in March 2005. The purpose of which was to insulate the negotiation and award of State contracts from political contributions that posed a risk of improper influence, purchase of access or the appearance thereof. Specifically, the law states that "When a person or business interest makes or solicits major contributions to obtain a contract awarded by a government agency or independent authority, this constitutes a violation of the public's trust in government and raises legitimate public concerns about whether the contract has been awarded on the basis of merit."

Accordingly, as part of the contract award process, vendors are required to complete and submit the Two-Year Vendor Certification and Disclosure of Political Contributions (Chapter 51) Form. The Division's Chapter 51 Review Unit, reviews the forms and information submitted to ensure that potential contractors have not made political contributions which would preclude them from being awarded a state contract.

The Supplier Convenience Fee is not a political contribution. The purpose of the Supplier Convenience fee is to fund the State's procurement operations and cooperative programs. Such systems and fees are very common across the U.S. These fees are, essentially, a way to improve services to the supplier community and the State. Please note that that the Supplier Convenience Fee is only required if a vendor chooses to make its contract open to the State's Cooperative Purchasing Participants. Vendors agreeing to the 1% fee will be able to load their catalogs of products or services for searching and ordering by the State's Cooperative Purchasing Participants in the NJSTART Marketplace. If a vendor chooses not to make its contract available to the State's Cooperative Purchasing Participants, then the Supplier Convenience Fee will not apply.

For more information on the NJSTART Marketplace please visit https://www.periscopeholdings.com/assets/uploads/misc/NJBUYSMarketplaceOverview.pdf.

Answer: No, this information is not available.

Furthermore, as per Bid Solicitation Section 3.8, the State makes no guarantees regarding the number of deliveries or delivery quantities.

Bid Solicitation Section 3.8 states, in part, “The Vendor {Contractor} will be required to deliver products to Using Agency on an as-needed basis. The Vendor {Contractor} shall make arrangements for delivery of products upon receipt of a purchase order.”

Answer: Yes, should a Vendor {Bidder} choose to extend pricing to Cooperative Purchasing Participants, pricing for all products awarded in response to this Bid Solicitation will apply to orders placed by all State Using Agencies and all Cooperative Purchasing Participants within the same region/zone.

As per Bid Solicitation Section 1.4.12 which states, in pertinent part, “The State of New Jersey (State) intends to extend the Blanket P.O.(s) awarded to the Division's Cooperative Purchasing Program participants. These participants include quasi-State entities, counties, municipalities, school districts, volunteer fire departments, first aid squads, independent institutions of higher learning, County colleges, and State colleges. In order for the State Blanket P.O. to be extended to Cooperative Purchasing Program participants, the Vendor {Bidder} must agree to the extension by executing the Cooperative Purchase Form. See Section 4.4.3.2 of this Bid Solicitation. Although the State, with the consent of the Vendor(s) {Bidder(s)}, is making the use of any Blanket P.O. resulting from this Bid Solicitation available to non-State Agencies, the State makes no representation as to the acceptability of any State Bid Solicitation terms and conditions under the Local Public Contracts Law or any other enabling statute or regulation.”

Furthermore, Bid Solicitation Section 2.3 defines the Cooperative Purchasing Program as “The Division’s intrastate program that provides procurement-related assistance to New Jersey local governmental entities and boards of education, State and county colleges and other public entities having statutory authority to utilize select State Blanket P.O.s issued by the Division, pursuant to the provisions of N.J.S.A. 52:25-16.1 et seq.”

Answer: The units of measure for the items identified in Bid Solicitation Sections 3.8.1 and 3.20 are consistent with the packaging requirements identified in Bid Solicitation Sections 3.2 and 3.3. Please note that Bid Solicitation Sections 3.8.1 and 3.20 provide past usage information only.

Please note that all price line items contained within this Bid Solicitation have a unit of measure of “Container” as identified on the State-Supplied Price Sheet.

A Container is defined in Bid Solicitation Section 2.3 as “A package or vessel used for bulk containment of product. Examples include, but are not limited to: case, carton, sack, bag, bushel and/or basket.”

Please see Bid Solicitation Sections 3.2 and 3.3 for information regarding the packaging requirements and weight ranges for each price line item.

Please see revisions to the Bid Solicitation titled ““T1353 Revised Bid Solicitation 10.20.21”.

Section Reference Revision

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

Please see revisions to the Bid Solicitation titled “T1353 Revised Bid Solicitation 10.20.2021.”

Please see revisions to the Bid Solicitation titled “T1353 Revised Bid Solicitation 10.20.2021.”

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