T2664 Bid Amendment 4~2.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

SHEILA Y. OLIVER

Lt. Governor

MAURICE A. GRIFFIN

Acting Director https://www.njstart.gov

May 18, 2020

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 20DPP00466 T2664 – Printing: Newborn Screening Request Blood Test Forms: IEM-1 and IEM-1A (DOH)

REVISED Quote Submission Due Date: May 28, 2020 (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;

· Attachment #1: IEM-1 Blood Test Screening Form;

· Attachment #2: IEM-1A Blood Test Screening Form;

· Revises the Quote Submission Due Date to May 28, 2020 (2:00 p.m. Eastern Time); and

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “T2664 Revised Bid Solicitation 5.18.2020”.

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 #20DPP00466 Printing: Newborn Screening Request Blood Test Forms: IEM-1 and IEM-1A (DOH)

Answers to Questions

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

Section Reference Question (Bolded) and 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.

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.

Yes. Please see the attached IEM-1 Blood Test Screening Form (Attachment #1) and IEM-1A Blood Test Screening Form (Attachment #2) examples.

Be advised that the attached forms are for reference only.

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

NJDOH does not have the blood collection system registered with the FDA as a medical device, however, the Vendor {Contractor} shall be registered with the FDA as a registered Medical Facility and shall follow the Clinical and Laboratory Standards Institute (CLSI) standards.

Please refer to Section 3.1, Vendor {Contractor} General Requirements, and 4.4.3.4, Additional Submittals, of the Revised Bid Solicitation for further direction.

Offer and Acceptance Page Please strike in its entirety paragraph 3. PerkinElmer cannot agree to cover charges, cover damages, or replacement penalties and we are suggesting that the remedy be termination of the Blanket P.O.

The State declines to modify this section as requested.

Remedies For Failure To Comply With Material Blanket P.O. Requirements Please remove in its entirety and replace Section 5.13.3 with the following so it would read: “In the event that the Vendor {Contractor} fails to comply with any material Blanket P.O. requirement, the Director may take steps to terminate this Blanket P.O. in accordance with the SSTC”. PerkinElmer cannot agree to cover charges, cover damages, or replacement penalties and we are suggesting that the remedy be termination of the Blanket P.O.

Indemnification

Please strike out 500% and replace with 100%. PerkinElmer can agree to a limitation of direct damages equal to the value of the Blanket P.O. If there are direct damages from this contract, then you’d be made whole as to what you’d paid. This is standard for our general terms and conditions of sale.

The State agrees to the proposed reduction. Please see Revised Bid Solicitation Section 5.17.1, Indemnification.

Indemnification Please insert ‘third party’ such that section 4.1.1(A) shall read as: “The Vendor’s {Contractor’s} obligation to indemnify the State of New Jersey and its employees from and against any third party claim, demand, loss, damage, or expense relating to bodily injury or the death of any person or damage to real property or tangible personal property, incurred from the work or materials supplied by the Vendor {Contractor} under this Blanket P.O. caused by negligence or willful misconduct of the Vendor {Contractor}”. It is our standard policy that we only indemnify for third party claims and the State supplemental terms also suggest indemnity is for third party claims. This addition clarifies that the limitation of liability does not apply to the indemnify obligations for third party claims for death, personal injury, or property damage.

Insurance – Professional Liability Insurance Please strike in its entirety 5.17.2(D). Professional Liability Insurance as this is not applicable to the sale of goods under this contract.

The State agrees to the proposed modification. Please see Revised Bid Solicitation Section 5.17.2, Insurance – Professional Liability Insurance.

Accessibility Compliance Please insert “If applicable to the products under this Contract” to Section 5.18 so it shall read: “If applicable to the products under this Contract, the Vendor {Contractor} shall meet the established and testable standards Level AA of the Web Content Accessibility Guidelines 2.0 (WCAG) per the Revised Standard in Section 508 of the Rehabilitation Act of 1973 for any web-based systems. The Vendor is solely responsible for resolving any operational deficiencies the State reports regarding the accessibility of content available on its products or through its services for the duration of the contract.” PerkinElmer maintains that this is not applicable to the sale of the newborn testing cards sold under this contract and can either be stricken as not applicable or edited to reflect, only when applicable.

State’s Right to Inspect Vendor (Bidder Facilities) Please insert this clause, “Upon prior written notice provided in reasonable advance notice...” to the first subparagraph in Section 6.3. Please insert this clause, “Pending any conflict checks regarding confidentiality in Vendor’s client contracts’” to the second subparagraph in Section 6.3. PerkinElmer agrees to provide you access to facilities and/or client contacts with the caveats of reasonable advanced written notification and such that we can vet any confidentiality obligations with our client contacts and client contracts prior to disclosing such contracts or client information. We take customer confidentiality seriously and hope that the State understands such limitations.

The State declines to modify this section as requested. However, the State will provide the Vendor {Contractor} with notice beforehand of any request when possible.

Insurance Certificates Please strike the phase “naming the State as an Additional Insured” from Section 7.3, first subparagraph. It is company policy that we do not name customers as additionally insured on our insurance policies. Additionally, we are already obligated under this contract to maintain insurance provisions as well as indemnify the State for certain claims, both of which should be satisfactory for the products under this contract.

Insurance Please insert ‘third party’ after “from and against any and all” such that Section 4.1A shall read: “Indemnification for Third Party Claims - The contractor shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the State of New Jersey and its employees from and against any and all third party claims, demands, suits, actions, recoveries, judgments and costs and expenses in connection therewith which shall arise from or result directly or indirectly from the work and/or materials supplied under this contract, including liability of any nature or kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract”. PerkinElmer is requesting this change for clarity purposes as headers are generally not used in language interpretation. We are reading this section as third party claim indemnity obligations so we are requesting the language of the obligation be clarified to avoid interpretation issues at a later date.

Insurance Please strike the second sentence regarding Additional Insureds such that 4.2A shall read as follows: “Occurrence Form Commercial General Liability Insurance or its equivalent: The minimum limit of liability shall be $1,000,000 per occurrence as a combined single limit for bodily injury and property damage. The coverage to be provided under these policies shall be at least as broad as that provided by the standard basic Commercial General Liability Insurance occurrence coverage forms or its equivalent currently in use in the State of New Jersey, which shall not be circumscribed by any endorsement limiting the breadth of coverage”. It is company policy that PerkinElmer does not name customers as additionally insured on our insurance policies. Additionally, we are already obligated under this contract to maintain insurance provisions as well as indemnify the State for certain claims, both of which should be satisfactory for the products under this contract.

Section 9.4.2(C)(a) Insurance Please insert ‘upon written notice to Vendor’ such that section 4.2C.a shall read as follows: “a. This $1,000,000 amount may have been raised by the RFP when deemed necessary by the Director upon written notice to Vendor”. PerkinElmer is agreeable that you can raise the amount, but we’d like written notice of the change to the Agreement.

The State declines to modify this section as requested. However, the State will provide the Vendor {Contractor} with notice beforehand of any request when possible.

Delivery Requirements Please strike in its entirety Section 5.12(D). PerkinElmer cannot agree to cover damages, replacement penalties, or replacement damages or the like. In its place, PerkinElmer is proposing that we allow for a cure period in which the Vendor would have thirty (30) business days to cure the performance issued and if the Vendor does not cure within that time period, the State may terminate the Blanket P.O.

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper image1.png