T1778 - Amend 1 6.23.22~1.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

6/23/2022

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 22DPP00747 T1778 - Communications/ Telecommunications Cable, Wire, and Associated Products

Current Quote Submission Due Date: July 13, 2022 (2:00 p.m. Eastern Time) Revised Quote Submission Due Date: July 27, 2022 (2:00 p.m. Eastern Time)

Bid Amendment #1

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

· The Quote Submission Due Date has been extended from Wednesday, July 13, 2022 to Wednesday, July 27, 2022.

· A list of attendees who attended the Pre-Quote Conference Wednesday, April 27, 2022;

· Answers to electronic questions submitted during the electronic Question and Answer period;

· Please note that the numbering sequence for “Modifications to the State of New Jersey Standard Terms and Conditions”, “Quote Evaluation and Award”, and “Glossary” sections have been corrected. Refer to the revised Bid Solicitation, entitled “T1778 - Bid Solicitation 6.22.2022 – Revised”;

· Please note that a definition for “Authorized Purchaser” has been added to Section 9 Glossary; and

· Due to concerns with COVID-19, hard copies of Quotes will NOT be accepted. All Quote documents and samples must be submitted through the NJSTART eProcurement site. For more information, see the Special Notice released by the State on March 16, 2020: https://www.state.nj.us/treasury/purchase/specialnotices/03162020a.shtml.

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 #22DPP00747 T1778 - Communications/ Telecommunications Cable, Wire, and Associated Products

Pre-Quote Conference Attendee List

Bid Solicitation #22DPP00747 T1778 - Communications/ Telecommunications Cable, Wire, and Associated Products

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

Note: Some questions may have been paraphrased in the interest of readability and clarity. Questions that included a Vendor’s {Bidder’s} company name have been changed to state “Vendor {Bidder}” to preserve the anonymity of this process.

Section Reference Question (Bolded) and Answer

In light of the dangers posed by the COVID-19 virus outbreak and the declaration by the World Health Organization of a global pandemic and Governor Murphy Executive Orders (https://www.state.nj.us/infobank/eo/056murphy/approved/eo_archive.html) which declared both a Public Health Emergency and State of Emergency please be advised that all Quotes shall be submitted electronically through NJSTART.

Vendors {Bidders} may refer to the “Vendor Registration” and “Submit a Quote” Quick Reference Guides for instructions on how to enroll in NJSTART and how to submit an electronic Quote through NJSTART. The Quick Reference Guide entitled “Submit a Quote” is available here: https://www.state.nj.us/treasury/purchase/njstart/pdf/Create-a-Quote.pdf.

Additionally, to ensure that you have properly submitted the required documents you may also review the Quick Reference Guide entitled “How to Review a Submitted Quote” which is available here: https://www.state.nj.us/treasury/purchase/njstart/pdf/HowtoReviewaSubmittedQuote.pdf. Answers to Frequently asked Questions and all Quick Reference Guides are located on the NJSTART Vendor Support Page. If further assistance is needed, please email NJSTART Vendor Administration Team at: njstart@treas.nj.gov .

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.

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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).” Additionally, as stated in Section 3.11, Bidder Additional Terms Submitted with the Quote: “Quotes including Bidder proposed additional terms may be accepted, rejected, or negotiated, in whole or in part, at the State’s sole discretion.

If Bidder intends to propose terms and conditions that conflict with the State of New Jersey Standard Terms and Conditions, those Bidder proposed terms and conditions shall only be considered if submitted and agreed to pursuant to the electronic question and answer procedure. Bidders shall not submit exceptions or modifications as part of the Quote or on the “Terms and Conditions” Tab through NJSTART.”

Refer to Question 3 of the Q&A.

Product Percent (%) Discount off of OEM Price Catalog column represents the Contractor’s {Bidder’s} proposed discount rate to be applied to the MSRP of the product catalogs of each brands bid.

Extended Warranty Percent (%) Discount off of OEM Price Catalog column represents the Bidder’s proposed discount rate to be applied to the MSRP of the Extended Warranty catalogs of each brands bid.

The provisions set forth in Section 3.8 of the Standard Terms and Conditions apply to all state contracts including manufactured items or farm products provided for use in a public work. The applicability of the law will be determined by the Authorized Purchaser’s specific project or service at the time of purchase.

A definition of Authorized Purchaser has been added to Bid Solicitation Section 9, Glossary.

2. If so,

a. Should items which are not Buy American compliant, but which may be Trade Agreements Act compliant or manufactured in another country, still be bid including country of origin information by SKU?

A Vendor {Bidder} may provide any product which meets the specifications for the Price Line being bid, but should be prepared to identify the Country of Origin, if known, in response to an inquiry from Authorized Purchaser. Based upon the Authorized Purchaser’s specific project or service, the Authorized Purchaser may be required to give preference to or utilize items that comply with the Buy American law.

b. Can Buy American be waived where we are bidding thousands of SKUs and will not feasibly be able to confirm Country of Origin for all items?

Buy American cannot be waived when applicable. A Vendor {Bidder} may provide any product which meets the specifications for the Price Line being bid, but should be prepared to identify the Country of Origin, if known, in response to an inquiry from an Authorized Purchaser. Based upon the Authorized Purchaser’s specific project or service, the Authorized Purchaser may be required to give preference to or utilize items that comply with the Buy American law.

c. Should we not bid items with unknown Country of Origin?

A Vendor {Bidder} may provide any product which meets the specifications for the Price Line being bid, but should be prepared to identify the Country of Origin, if known, in response to an inquiry from an Authorized Purchaser. Based upon the Authorized Purchaser’s specific project or service, the Authorized Purchaser may be required to give preference to or utilize items that comply with the Buy American law.

Yes

See Section 3.18. “A Bidder should submit a preprinted Price List or Price Catalog for each category and brand bid. The Price List and/or Price Catalog submitted must clearly indicate the products and brands offered and the firm, fixed pricing associated with the products, such that the applicable Bid Solicitation category/price line may be determined. The State reserves the right to request such Price List and/or Price Catalog and to require that such Price List and/or Price Catalog be provided within five (5) business days from the time it is requested.”

“If a Price List is not published, then the prices listed on the Bidder’s letterhead, dated and with authorized signature are acceptable. The letter should include the Bid Solicitation number.”

The State provided Price Sheets must be included with the Bid Proposal.

A. With respect to Section 4.3 Limitation of Liability (addition to Section 4.0 of the SSTC) would the State of New Jersey consider limiting Contractors liability to:

(i) 100% of the price of the product giving rise to the claim;

(ii) Third party claims for damages to the extent caused by Contractors negligence, willful or fraudulent misconduct?

The State does not accept the proposed modification. The State declines to limit its potential risks beyond those outlined in the Bid Solicitation.

The State does not accept the proposed modification. The State declines to limit its potential risks beyond those outlined in the Bid Solicitation.

The State does not accept the proposed modification. The State declines to limit its potential risks beyond those outlined in the Bid Solicitation.

The State does not accept this proposed modification. Terms and conditions on publicly bid procurements must be consistent for all potential Bidders, and cannot be based on a single vendor’s terms.

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