T1621 24DPP00969 Bid Amendment 1 Revised 6.14.24.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

May 15, 2024

To: All Interested Bidders

Re: Bid Solicitation # 24DPP00969 T1621 - Infant Formulas, Nutritional Formulas, Feeding Pumps and Related Supplies - Statewide

Bid Amendment #1

The following constitutes Bid Amendment #1 to the above referenced Bid Solicitation:

· Answers to questions from the Electronic Question and Answer Period that concluded on April 26, 2024; and

· Revisions to the Bid Solicitation (from Part 1 and Part 2 of the Bid Amendment).

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “T1621 24DPP00969 Revised Bid Solicitation 5.15.24”.

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 #24DPP00969

Part 1 - Answers to Questions

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

Section Reference Question (Bolded) and Answer

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

Answer: No. A Vendor may provide a Quote and be listed as a dealer/distributor or subcontractor as part of another Vendor’s Quote.

Please note that Bid Solicitation Section 9.2 defines ‘dealers/distributors’ and ‘subcontractors’ as follows:

Dealer/Distributor – A Company authorized by a Bidder or Contractor as having the contractual ability to accept and fulfill orders and receive payments directly on behalf of the Contractor that is awarded a Contract. Any authorized Dealer/Distributor must agree to all terms and conditions contained within the Bid Solicitation and must agree to provide all products and services in accordance with the Contract specifications, terms, conditions and pricing.

Subcontractor – An entity having an arrangement with a Contractor, whereby the Contractor uses the products and/or services of that entity to fulfill some of its obligations under its State Contract, while retaining full responsibility for the performance of all Contractor's obligations under the Contract, including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Contractor.

Exhibit A to Bid Amendment #1 Question: Which agencies order from the contract resulting from this Bid Solicitation?

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

Answer: This Bid Solicitation and any subsequent contract awards will be made available for use by Statewide Using Agencies and the Cooperative Purchasing Participants.

State Using Agencies that may utilize this term contract include, but are not limited to, the Department of Health (DOH), the Department of Human Services (DHS), the Department of Children and Families (DCF) and the Department of Military and Veterans Affairs (DMAVA). A complete list of State Using Agencies is available at: The Official Web Site for The State of New Jersey (nj.gov)

Bid Solicitation Section 1.5 states: “The State intends to extend the Contracts awarded to the State's Intrastate Cooperative Purchasing Participants. Although the State is making the use of any Contract resulting from this Bid Solicitation available to Intrastate Cooperative Purchasing Participants, the State makes no representation as to the acceptability of the Bid Solicitation’s terms and conditions to any Intrastate Cooperative Purchasing Participants.”

Bid Solicitation Section 9.2 defines the Cooperative Purchasing Program and the State's Intrastate Cooperative Purchasing Participants as follows:

Cooperative Purchasing Program – 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 Contract s issued by the Division, pursuant to the provisions of N.J.S.A. 52:25-16.1 et seq.

Intrastate cooperative purchasing participants – refers to political subdivisions, volunteer fire departments and first aid squads, and independent institutions of higher education and school districts pursuant to N.J.S.A. 52:25-16.1 et seq., State and county colleges pursuant to N.J.S.A. 18A:64-60 and 18A:64A-25.9, quasi-State agencies and independent authorities pursuant to N.J.S.A. 52:27B-56.1, and other New Jersey public entities having statutory authority to utilize select State contracts issued by the Division.

Please see the usage history/spend report for the current T1621 Contract, titled “Exhibit A to Bid Amendment #1” and published under the subject Bid Solicitation’s Attachments tab in NJSTART.

The amounts, volumes types of products, and/or State Using Agencies listed are for informational purposes only and do not represent a guarantee or projection as to any future use/order volume under this Bid Solicitation and any Contracts awarded as a result of this Bid Solicitation.

Exhibit A to Bid Amendment #1 Question: Please provide quantities in cases of which products/brands have been purchased from the current contract over the last 12 months and by which agencies.

Answer: Please see the usage history/spend report for the current T1621 Contract, titled “Exhibit A to Bid Amendment #1” and published under the subject Bid Solicitation’s Attachments tab in NJSTART.

The amounts, volumes, types of products, and/or State Using Agencies listed are for informational purposes only and do not represent a guarantee or projection as to any future use/order volume under this Bid Solicitation and any Contracts awarded as a result of this Bid Solicitation.

Answer: Price adjustments during the contract term, and any extension(s) thereof, will be considered, in accordance with Section 6.1 of the New Jersey Standard Terms and Conditions. As such, the State does not intend to shorten the duration of the contract term or the number of extensions permitted.

As part of this procurement’s Contract award, the Division will not be uploading any product catalogs/price lists to the Contracts in NJSTART. The submission of product catalogs/price lists, as stated in 3.24, are for evaluation purposes only, to verify that the Bidder is able to provide products for the category bid. Once Contract awards are made, the Division will not publish any product catalog/price lists to NJSTART. However, Contractors will be required to provide the latest product catalog/price list to the Using Agency as part of the mini-bid/quote process outlined in Bid Solicitation Section 4.11.

Bid Solicitation Section 4.11 states, in pertinent part: “Note: A Contractor must, upon request, provide the Using Agency with the most recent version of the price list for the contracted brand during the mini-bid process.”

For this procurement, the Division has eliminated the publication and constant yearly updating of product catalogs/price lists under the Contract. Instead, Contractors are expected to provide Using Agencies with the latest product catalog/price list with current pricing at the time of mini-bid process (Bid Solicitation Section 4.11).

If a Contractor is requesting that its contracted percentage discount or markup be changed during the Contract term or any extension(s) thereof, the Contractor would make that request to the Division’s Procurement Specialist of record for T1621, in accordance with New Jersey Standard Terms and Conditions Section 6.1 (Price Fluctuation During Contract).

New Jersey Standard Terms and Conditions Section 6.1 (Price Fluctuation During Contract) states: “Unless otherwise agreed to in writing by the State, all prices quoted shall be firm through issuance of contract or purchase order and shall not be subject to increase during the period of the contract. In the event of a manufacturer's or contractor's price decrease during the contract period, the State shall receive the full benefit of such price reduction on any undelivered purchase order and on any subsequent order placed during the contract period. The Director must be notified, in writing, of any price reduction within five (5) days of the effective date. Failure to report price reductions may result in cancellation of contract for cause, pursuant to provision 5.7(b)1.

In an exceptional situation the State may consider a price adjustment. Requests for price adjustments must include justification and documentation.”

New Jersey Standard Terms and Conditions Section 5.7 Question: Please consider reciprocal termination rights.

Answer: The State of New Jersey declines to change or modify the terms and conditions set forth in the State Standard Terms and Conditions Section 5.7 TERMINATION OF CONTRACT and the Bid Solicitation Section 5.1.

Answer: The State intends to make Contract awards to each responsive Bidder that meets the category bid and the Bid Solicitation requirements. Please refer to Bid Solicitation Sections 8.9.2 and 8.16.

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

Answer: Yes.

Bid Solicitation Section 9.2 defines ‘dealers/distributors’ and ‘subcontractors’ as follows:

Dealer/Distributor – A Company authorized by a Bidder or Contractor as having the contractual ability to accept and fulfill orders and receive payments directly on behalf of the Contractor that is awarded a Contract. Any authorized Dealer/Distributor must agree to all terms and conditions contained within the Bid Solicitation and must agree to provide all products and services in accordance with the Contract specifications, terms, conditions and pricing.

Subcontractor – An entity having an arrangement with a Contractor, whereby the Contractor uses the products and/or services of that entity to fulfill some of its obligations under its State Contract, while retaining full responsibility for the performance of all Contractor's obligations under the Contract, including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Contractor.

If utilizing Dealers/Distributors:

Bidders should provide a list of dealers/distributors as part of the Quote submission and follow the instructions for dealers/distributors in Bid Solicitation Section 5.7.

If utilizing Subcontractors:

Bidders intending to use Subcontractors shall list all subcontractors on the Subcontractor Utilization Plan form or may list the Subcontractor(s) on the “Subcontractor” Tab in NJSTART. Please refer to Bid Solicitation Section 3.13.8, 3.13.10 and 3.13.13 for further instructions.

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

Answer: For Price Line 2 on the State-Supplied Price Sheet, the Bidder must bid a firm, fixed percentage discount or markup. If a Bidder is offering its pricing at the same pricing listed on the pre-printed catalog/price list, the Bidder should provide 0% in the “Percentage (%) Discount (-) or Markup (+)” field on the State-Supplied Price Sheet.

Please refer to Bid Solicitation Section 3.36, Step 3.

On the price list provided in accordance with Bid Solicitation Section 3.24, your firm could list the prices of the feeding sets based on the number of feeding sets purchased. Please see the example below.

or

The above is provided as an example only. The State is not mandating that a price list be submitted in this format.

Please note: As part of this procurement’s Contract award, the Division will not be uploading any product catalogs/price lists to the Contracts in NJSTART. The submission of product catalogs/price lists, as stated in 3.24, are for evaluation purposes only, to verify that the Bidder is able to provide products for the category bid. Once Contract awards are made, the Division will not publish any product catalog/price lists to NJSTART. However, Contractors will be required to provide the latest product catalog/price list to the Using Agency as part of the mini-bid/quote process outlined in Bid Solicitation Section 4.11.

Bid Solicitation Section 4.11 states, in pertinent part: “Note: A Contractor must, upon request, provide the Using Agency with the most recent version of the price list for the contracted brand during the mini-bid process.”

During this mini-bid process outlined in Bid Solicitation Section 4.11, the Using Agency will request a quote from the contractor that will likely include the number of feeding sets required. The quantity requested by the Using Agency during this process should assist the contractor in determining the cost of the feeding sets when providing a quote to the Using Agency.

Answer: Yes. As the Bidder, your firm is required to submit the State-Supplied Price Sheet. For a complete State-Supplied Price Sheet instructions, please refer to Bid Solicitation Section 3.36.

Bid Solicitation Section 3.36 states, in pertinent part: “The Bidder must submit its pricing using the State-Supplied Price Sheet accompanying this Bid Solicitation and located on the “Attachments” Tab.”

Answer: Numerous changes have been made to the current State’s Terms and Conditions, dated 2/8/2024, when compared to the published version of the State’s Terms and Conditions under the T1621 contracts, which was dated 10/21/2011. 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.

As stated in Bid Solicitation Section 1.1: “The State of New Jersey Standard Terms and Conditions (SSTCs) included with this Bid Solicitation will apply to all Contracts made with the State. These terms are in addition to the terms and conditions set forth in this Bid Solicitation and should be read in conjunction with them unless the Bid Solicitation specifically indicates otherwise.”

Bid Solicitation Section 3.2 states, in pertinent part: “The Bidder assumes sole responsibility for the complete effort required in submitting a Quote in response to this Bid Solicitation. No special consideration will be given after Quotes are opened because of a Bidder’s failure to be knowledgeable as to all of the requirements of this Bid Solicitation.”

Answer: Pursuant to Bid Solicitation Section 2.1, Electronic Question and Answer Period: “The Division will electronically accept questions and inquiries from all potential Bidders via the “Q&A” Tab of the Bid Solicitation in NJSTART. The cut-off date for electronic questions and inquiries relating to this Bid Solicitation is indicated on the Bid Solicitation cover page or such other date as may be posted via Bid Amendment. In the event that questions are posed by Bidders, answers to such questions will be issued by Bid Amendment.

Also, 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.

Exhibit A to Bid Amendment #1 Question: There seem to be little details as to what agencies will utilize this contract.

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

Answer: Please refer to the answer in Question #6 above.

Question: There seem to be little details as to how any products bid will be used or distributed. Can the State provide additional insights on how the products will be used on this contract?

Answer: The products listed under the T1621 Bid Solicitation will be ordered by Statewide Using Agencies and the Cooperative Purchasing Participants for use within their facilities and for the clients they serve.

For the types of products ordered from the existing T1621 contracts, please refer to the usage history/spend report for the current T1621 Contract, titled “Exhibit A to Bid Amendment #1” and published under the subject Bid Solicitation’s Attachments tab in NJSTART.

The amounts, volumes, types of products, and/or State Using Agencies listed are for informational purposes only and do not represent a guarantee or projection as to any future use/order volume under this Bid Solicitation and any Contracts awarded as a result of this Bid Solicitation.

Answer: The Bureau has no preference on how the State-Supplied Price Sheet is submitted for the brand bid. Bidders may provide a separate State-Supplied Price Sheet for each brand bid or a Bidder may insert tabs at the bottom of the State-Supplied Price Sheet for each brand bid. Bidders are reminded of the instructions in Bid Solicitation Section 3.36.

Section 3.36 of the Bid Solicitation states, in pertinent part: “A Bidder may bid multiple product brands for a given category/price line. A Bidder should copy the State-Supplied Price Sheet and complete it for each brand bid. As an alternative, a Bidder may add tabs at the bottom of the State-Supplied Price Sheet for each additional brand offered within the Category/Price Line (by copying the text and information from the original Price Sheet). The Bidder must follow all instructions and provide all required information contained within Bid Solicitation Section 3.36 for each additional brand offered.”

Exhibit A to Bid Amendment #1 Question: Please provide what State agencies will be utilizing this bid?

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

Answer: Please refer to the answer to Question #6.

Question: Will any WIC agencies be accessing this contract?

Answer: Using Agencies will not be utilizing T1621 for WIC-approved infant formulas; they will utilize the contract(s) awarded under T1057.

All references to WIC-approved formulas have been removed from the Bid Solicitation. Please refer to Part 2 of this Bid Amendment for revisions to the Bid Solicitation pertaining to WIC-approved infant formulas.

Please see the revised Bid Solicitation titled “T1621 Revised Bid Solicitation 5.15.2024”.

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

Answer: Category 1 consists of adult and pediatric nutritional formulas, which include, but are not limited to, liquid nutritional formulas, powder nutritional formulas, capsules, tablets, oils, gummies, flavorings, condiments, fortifiers, nutritional additives, bars, beverages, meals, condiments, puddings/desserts, etc.

The products in Category 1 are for all types of nutritional needs and medical conditions, including, but not limited to: Nutritional deficiencies, dietary purposes, regulation of nutrient absorption, Dysphagia, diabetes, allergies, gastrointestinal issues/ailments, pulmonary disease, kidney disease, obesity, immunity boost, caloric deficiencies, malnutrition, and pregnancy.

Category 1 specifically excludes all infant formulas. The last sentence in Category 1 states: “This category excludes all Infant formulas. Please see Category 4/Price Line 4.”

Category 4 is strictly for infant nutritional formulas, with the exception of those covered under T1057.

Question: The infant formula – regular formulas listed for Mead Johnson are formulas currently contracted under the WIC rebate contract T1057. This contract is listed in the exclusions section 4.1.1. Please confirm the State is not requesting any bid for any of the items currently being rebated within that contract.

Answer: Bidders are to offer products under Category 1 and Category 4 that are not currently under the T1057 contract.

All references to WIC-approved formulas have been removed from the Bid Solicitation. Please refer to Part 2 of this Bid Amendment for revisions to the Bid Solicitation pertaining to WIC-approved infant formulas.

Answer: The State of New Jersey declines to change or modify the terms and conditions set forth in the State Standard Terms and Conditions Section 5.21 CLAIM & REMEDIES or any other provision that requires the Contractor to perform its obligations and provides the State recourse in the event of Contactor Default.

Answer: The Standard Terms and Conditions apply to all State Contracts as entered, modified or amended. The State declines to alter or modify the State Standard Terms and Conditions Section 4.2 INSURANCE. The insurance provisions provide the State the required protection from various contingencies.

Answer: The State declines to alter or modify the State Standard Terms and Conditions Section 5.16 ASSIGNMENT OF ANTITRUST CLAIM(S). The Antitrust provisions provide the State the required protection from various contingencies.

Answer: The State declines to alter or modify the State Standard Terms and Conditions Section 6.1 Price Fluctuation During the Contract.

Answer: The State declines to alter or modify the State Standard Terms and Conditions. Not all State Standard Terms and Conditions are applicable to all contracts. To the extent that any given Section(s) are not currently applicable, they shall remain part of the Contract in the event of future modification pursuant to the processes permitted under the Contract.

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

Answer: Please refer to the revised Quote Opening date on page 1 on this Bid Amendment #1, in Part 2 of this Bid Amendment and on the cover page of the Bid Solicitation.

Answer: Please refer to the answer in Question #15 above.

Answer: Please refer to the answer to Question #15.

Note: The Question and Answer period for this procurement has ended and will not be re-opened.

Answer: Please refer to the answer to Question #10.

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

Answer: No.

Bid Solicitation Section 9.2 defines ‘dealers/distributors’ and ‘subcontractors’ as follows:

Dealer/Distributor – A Company authorized by a Bidder or Contractor as having the contractual ability to accept and fulfill orders and receive payments directly on behalf of the Contractor that is awarded a Contract. Any authorized Dealer/Distributor must agree to all terms and conditions contained within the Bid Solicitation and must agree to provide all products and services in accordance with the Contract specifications, terms, conditions and pricing.

Subcontractor – An entity having an arrangement with a Contractor, whereby the Contractor uses the products and/or services of that entity to fulfill some of its obligations under its State Contract, while retaining full responsibility for the performance of all Contractor's obligations under the Contract, including payment to the Subcontractor. The Subcontractor has no legal relationship with the State, only with the Contractor.

If utilizing Dealers/Distributors:

Bidders should provide a list of dealers/distributors as part of the Quote submission and follow the instructions for dealers/distributors in Bid Solicitation Section 5.7.

If utilizing Subcontractors:

Bidders intending to use Subcontractors shall list all subcontractors on the Subcontractor Utilization Plan form or may list the Subcontractor(s) on the “Subcontractor” Tab in NJSTART. Please refer to Bid Solicitation Section 3.13.8, 3.13.10 and 3.13.13 for further instructions.

Answer: Please refer to the answer to Question #8.

33 West State Street Trenton, NJ 08625 US

Answer: The items will be shipped to various locations throughout the State, as this Contract is available for use by State Using Agencies and Cooperative Purchasing Participants. Shipping information will be provided by the Using Agencies through a separate purchase order after the contracts have been awarded.

Items will not be shipped to the Division of Purchase and Property, 33 West State Street, Trenton NJ 08625.

Exhibit A to Bid Amendment #1 Question: Could you clarify the end user for these products?

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

Answer: Please refer to the answer to Question #6.

Exhibit A to Bid Amendment #1 Question: Is there a project annual budget amount or project annual usage amount?

Answer: Please refer to the answer to Question #6.

Question: Does this bid affect the current contract that was renewed 4/1/2024?

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

Answer: The Contracts awarded as a result of this Bid Solicitation (#24DPP00969) will replace the current T1621 Contracts listed in NJSTART.

Bid Solicitation #24DPP00969

Part 2 - Revisions to the Bid Solicitation

Section Reference Revision

The category shall consist of infant nutritional formulas, with the exception of those covered under T1057.

All references to WIC were removed.

Important: When providing a quote during the mini-bid process (Bid Solicitation Section 4.11), Contactors must identify, within the price list and the quote, those items that are eligible for WIC rebates in New Jersey.

Important: For Category 4 (Infant Formulas): When providing a quote during the mini-bid process, Contactors must identify, within the price list and the quote, those items that are eligible for WIC rebates in New Jersey.

Term Contract T-1057 – This term contract, established for the New Jersey Department of Health, is to provide infant formulas and rebates for infant formulas, in accordance with the federal requirements outlined in the Infant Formula Requirement Rule (Reference https://www.fns.usda.gov) for use by WIC Program Participants.

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