T2655 Bid Amendment 4 10.30.24~2.pdf

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper

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

October 30, 2024

To: All Interested Bidders

Re: Bid Solicitation # 23DPP00833

Bid Solicitation Title: T2655 One-Call Damage Prevention System, NJ Board of Public Utilities Revised Quote Submission Due Date: Friday, November 22, 2024 (2:00 p.m. Eastern Time) Revised Quote Submission Due Date: Friday, November 1, 2024 (2:00 p.m. Eastern Time) Revised Quote Submission Due Date: Friday, October 18, 2024 (2:00 p.m. Eastern Time) Quote Submission Due Date: Friday, September 27, 2024 (2:00 p.m. Eastern Time)

Bid Amendment #4

The following constitutes Bid Amendment #4 to the above referenced Bid Solicitation:

• This Bid Amendment includes answers to questions;

• Revision (s) to the Bid Solicitation Document; and

• Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to “T2655 Revised Bid Solicitation 10.30.24.”

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 #23DPP00833 T2655 One-Call Damage Prevention System, NJ Board of Public Utilities

# Bid Solicitation

Section Reference Revision 1 Bid Solicitation

Cover Page Please be advised that the Quote Submission Date has been changed from Friday, November 1, 2024 (2:00 p.m. Eastern Time) to Friday, November 22, 2024 (2:00 p.m. Eastern Time).

Please refer to the Bid Solicitation titled “T2655 Revised Bid Solicitation 10.30.24”

Answers to Questions

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

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

Section Reference Question (Bolded) and Answer

1 Quote Submission Q. Please confirm a Bidder may deliver a hardcopy quote instead of submitting a response electronically.

A. Please be advised that all Quotes shall be submitted electronically through

NJSTART.

2 Quote Submission Q. Should I check that I have properly completed and attached all of the required documents with my submitted Quote?

A. 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.

3 PDF Documents Q. When trying to open a Portable Document Format (PDF), I am receiving an error message and am unable to access the PDF. How should I proceed?

A. 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.

4 Exceptions Q. Will the State allow Bidders to take exception to any of the Standard Terms and Conditions?

A. 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.

5 Cover Page I cannot locate the due date for responses in the bid documents. If I use the information generated on the NJSTART page, it results in a time due on 9/27 which conflicts with the bid opening date.

Q. Could you direct me to the due date in the documents or supply the due date and time?

A. Please be advised that the Bid Opening date and time on the Bid Solicitation Cover Page is November 22, 2024 by 2:00pm.

Bid Solicitation Section 3.1 Quote Submission states in pertinent part:

“The date and time of the Quote opening are indicated on the Bid Solicitation cover sheet and on the “Summary” Tab of the Bid Solicitation webpage within NJSTART. If the Quote opening deadline has been revised, the new Quote opening deadline will be shown on the posted Bid Amendment and on the “Summary” Tab of the Bid Solicitation webpage within NJSTART.”

Please refer to the Bid Solicitation titled “T2655 Revised Bid Solicitation

Section 3.13 Forms, Registrations and Certifications to be

Submitted with Quote

Q. Is a digital signature on these forms acceptable?

A. Yes, signatures can be presented as physically written or electronically.

10.30.24”

7 Section 4.3.3 Screening on the Basis of Street

Address

The One-Call center does not have the necessary resources in the field or the requisite authority to ensure that all excavation or demolition performed in the field complies with State law, nor can it accept liability for actions taken outside its span of control. We assume this requirement refers to the procedures used by the One-Call center to accept and process rented equipment operator notices.

Q. Please confirm whether this understanding is correct, and if it is not, please clarify the intent of this specification.

A. Yes, your understanding is correct. This only pertains to responsible contractors and rented equipment operators. The One Call center must ensure that all notices issued to the parties involved in this process are noticed in accordance with NJ law. Please see revision to section 4.3.3.

Please refer to the Bid Solicitation titled “T2655 Revised Bid Solicitation 10.30.24”

8 Section 4.3.5 Additional System

Requirements

We understand that this specification means the One-Call center can accept latitude/longitude coordinates as searchable information in order to identify the excavation site.

Q. Please confirm.

A. Yes, the One-Call center can accept latitude/longitude coordinates as searchable information in order to identify the excavation site

Please refer to Bid Solicitation Section 4.3.5 Additional System Requirements (Bullet Point 5), which states:

“The Contract’s proposed system shall also have the capabilities to provide – The ability to accept excavation sites by address, referenced to the nearest intersecting street, and Latitude/Longitude by decimal degrees, and be able to deliver this information as well as the site description to Operators in normal format (address number/street/nearest cross street, mile marker, etc.).”

Please refer to the Bid Solicitation titled “T2655 Revised Bid Solicitation 10.30.24”

9 Section 4.3.5 Additional System

Requirements

This specification seems to represent a change from how these types of data requests are currently handled. We understand this specification indicates that a public facing portal should be created to allow both operators and excavators to query the data types mentioned. Please confirm that our understanding, that it is the State’s intention to change its current position on making this data available to stakeholder, is correct.

If our understanding is not correct, Q. Please clarify the State’s intent.

A. Yes, is the state's intent to make this data available through a public facing portal.

Please refer to Section 4.3.5 Additional System Requirements, which states in part:

“The Contractor shall provide the field operations staff with real-time, read-only database query capabilities, printing capability and MS Office capabilities through a portal.”

It is also in accordance with Section 4.3.6 Operation of the System, which states in part:

Please refer to the Bid Solicitation titled “T2655 Revised Bid Solicitation 10.30.24”

10 Section 4.3.6 Operation of the

System

“h) 1) a” and “h) 1) b” are referenced but do not appear on this page.

Q. Please clarify the references.

A. Please be advised that Bid Solicitation Section 4.3.6 Operation of System’s listing format has been revised to include lettered formatting.

Please refer to the Bid Solicitation titled “T2655 Revised Bid Solicitation 10.30.24”

11 Section 4.3.6 Operation of the

System

“…H) through K) above…” are referenced but do not appear on this page.

Q. Please clarify the references.

A. Please be advised that Bid Solicitation Section 4.3.6 Operation of System’s listing format has been revised to include lettered formatting.

Please refer to the Bid Solicitation titled “T2655 Revised Bid Solicitation 10.30.24”

12 Section 4.4 System Performance

Standards

Current standards require a 30 second answer time measured monthly. By themselves, reducing the time to live answer (from 30 to 15 seconds) OR changing the interval over which the average time is calculated (from monthly to weekly) would have a significant impact on cost. Reducing both of them at the same time as specified in this section will serve to compound the cost. Because of the significant effect on pricing, we ask the State to confirm it is, through this specification, adopting that higher standard.

Q. If that is the case, we respectfully suggest that the State consider modifying the price sheet to allow bidders to submit a price for both the current standard (30 seconds to live answer measured monthly) and the weekly average Answer Time of 15 seconds or less. Having cost information for both levels of service gives the State a basis for comparison and the context needed to make an informed decision.

A. No, the State will not revise the specification.

Additionally, the State will not revise the price sheet, as the current structure requires All-inclusive pricing.

Bid Solicitation Section 3.26 states:

“Price line one (1) on the price sheet is an All-Inclusive Firm Fixed Unit Price column that shall reflect the Bidder's proposed rate for incoming calls.

Price line two (2) is for reimbursable litigation support as described in Bid Solicitation Section 4.6 Litigation Support.”

13 Section 4.5.4 Collection/Billing

We assume this refers to the current practice of signing purchase orders and agreements for only those operators that require them. We further assume that it is not the State’s direction that the One-Call center negotiate an individual contract with each operator due to the nature of the “sole-source” contract with the State.

Q. Please confirm.

Please be advised that this is a single award Contract, and not “sole-source”. It is not the State’s direction that the One-Call center negotiate an individual contract with each operator. This section represents billing and collecting in compliance with a Board approved tariff.

Please refer to the Bid Solicitation titled “T2655 Revised Bid Solicitation 10.30.24”

14 Section 4.5.4 Collection/Billing

Since the contract being bid begins in 2025, the referenced dates appear incorrect.

Q. Please clarify.

A. Please note the dates are only to be used for example purposes, as the State cannot guarantee an exact award and start date, however the State will revise the “example dates”.

Bid Solicitation Section 4.5.4 Collection/Billing has been revised as follows:

“ “For example, the first annual reconciliation under this contract shall be for the period March 1, 2025 through February 28, 2026, including billings and expenses accrued under the predecessor contract during that period.”

Please refer to the Bid Solicitation titled “T2655 Revised Bid Solicitation 10.30.24”

15 Section 4.5.5 Communication Lines

This has not been the practice in the One-Call center since 2010. The bidder does not have sufficient control of the property where the Operator’s receiving equipment may need to be installed. Further, the bidder cannot be responsible for location and events beyond their span of control. The language used in the tariff reflects these points, has been in force since 2010, and contradicts this specification:

“2.3 Communication Requirements: Operators shall provide and maintain appropriate dedicated message receiving equipment (system compatible FAX or electronic receiving devices/teletype machines) and telephones at all contact locations. Operators shall notify OCC promptly of all additions, relocations and disconnects of such message receiving equipment.

Backup telephone numbers for each contact location shall be provided to OCC as well as the name and telephone number of a single Operator representative. Operators shall be responsible for insuring that their message receiving units are maintained in operating condition. Where Operator message-receiving equipment is not available, arrangements for overnight delivery of notices may be made at a cost to Operator of $30.00 per day. Operator shall furnish to OCC the address where such overnight deliveries are to be made.”

Q. Please clarify.

A. Please be advised that internet connectivity or private networking has rendered this paragraph obsolete.

Bid Solicitation Section 4.5.5 Communication Lines, shall be deleted.

Please refer to the Bid Solicitation titled “T2655 Revised Bid Solicitation 10.30.24”

16 Section 5.12 Program Efficiency

Assessment

We are unclear about the purpose and working of this statement. It sounds like the bidder is being asked to assess a fee to “State Using Agencies”.

If so, does the 0.25% refer to the individual billing for the specific “State Using Agency” or to the gross value of the entire contract?

Based on our understanding of “State Using Agency” as it appears in the glossary, we believe that there are no Operators using the One-Call Center who currently qualify.

Q. Please clarify.

A. For purposes of this Bid Solicitation, the language in c Section 5.12 Program Efficiency Assessment has been deemed non-applicable and deleted.