T2700 Draft Bid Amendment 6 - 2nd QA 7.30 FINAL.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

Acting State Treasurer

SHEILA Y. OLIVER

Lt. Governor

MAURICE A. GRIFFIN

Acting Director https://www.njstart.gov

July 30, 2021

To: All Interested Vendors {Bidders}

Re: Bid Solicitation #20DPP00481 T2700 NJDEP Remediation System Operations and Maintenance Services

Current Quote Submission Due Date: September 15, 2021 (2:00 p.m. Eastern Time) 3rd Electronic Question and Answer Period: August 13, 2021 (2:00 p.m. Eastern Time) REVISED Quote Submission Due Date: November 17, 2021 (2:00 p.m. Eastern Time)

Bid Amendment #6

The following constitutes Bid Amendment #6 to the above referenced Bid Solicitation:

· Answers to electronic questions submitted during the second electronic Question and Answer period and the balance of answers to electronic questions submitted during the first electronic Question and Answer period;

· A third electronic Question and Answer period has been opened. Additional Vendor {Bidder} electronic questions will be received until 2:00 p.m. Eastern Time, August 13, 2021;

· The Quote Submission Due Date has been extended from September 15, 2021, to November 17, 2021, at 2:00 p.m. Eastern Time;

· For all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation entitled, “T2700 Revised Bid Solicitation 07/30/2021;”

· Please note that T2700 Revised Bid Solicitation 07/30/2021 includes additions and/or revisions to the following Bid Solicitation Sections:

· Section 3.10.5, Analytical Services

· For all additions, deletions, clarifications and modifications to the Price Sheet, please refer to the Revised Price Sheet entitled “T2700 Revised Price Sheet 07/30/2021;”

· 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, please 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 #20DPP00481 T2700 NJDEP Remediation System Operations and Maintenance Services

Answers to Questions

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

Note: Some questions may have been paraphrased in the interest of readability and clarity.

Section Reference Question (Bolded) and Answer

The current Vendors {Contractors} are Handex Consulting and Remediation, LLC and EnviroTrac Ltd. The current contract was awarded in 2010.

The total dollar spend for the last three (3) years is as follows:

2018 - $7,474,017 2019 - $8,739,079.11 2020 - $6,413,655.28

The response to Question #9 or the answer to #18 states that two sites require N-4 operators. If two sites require N-4 operators why is there only one N-4 operator required in the bid solicitation?

N-4 Operation at those sites is not full-time. Additionally, the requirements of the Bid Solicitation are considered a minimum; as site conditions change, the amount of personnel needed at each site is also subject to change.

We are one of the existing O&M Vendors {Contractors} for the current contract, and over the term of the contract we have never hauled any solid waste. There are no specifications in the new bid document that would indicate the need to haul solid waste. Please explain the reasoning behind why the Vendor {Contractor} and ALL subcontractors are now being required to possess an A-901 License for this O&M contract?

This Bid Solicitation seeks operation, maintenance, and monitoring services at a wide range of sites with varying complexity. Due to this complexity and the unpredictable nature of Projects for which the Vendor {Contractor} may be engaged, this Bid Solicitation requires the Vendor {Contractor} and applicable Subcontractors to apply for and receive A-901 licenses for Blanket P.O. award. This requirement originates from P.L.2019, c.397 (otherwise known as the “Dirty Dirt” legislation), which amended New Jersey’s “A-901” statute, N.J.S.A. 13:1E-126 et. seq, to include a definition of broker. A “broker” is defined as one “who for direct or indirect compensation arranges agreements between a business concern and its customers for the collection, transportation, treatment, storage, processing, transfer or disposal of solid waste or hazardous waste, or the provision of soil and fill recyclable materials. Because the Vendor {Contractor} is required during the Blanket P.O. term to arrange for the lawful transportation and disposal of waste or soil and fill recyclable materials on behalf of the NJDEP (the “customer”), the Vendor {Contractor} is a broker under the statute and must possess an A-901 license.

In accordance with N.J.A.C. 7:26-1.6, solid waste includes any solid, liquid, semi-solid or contained gaseous material, including, but not limited to spent material, sludge, by-product, discarded commercial chemical products, or scrap metal resulting from industrial, commercial, mining or agricultural operations, from community activities, or any other material which has served or can no longer serve its original intended use and is discarded or intended to be discarded.

“Soil and fill recyclable materials" means non-putrescible aggregate substitute, including, but not limited to, broken or crushed brick, block, concrete, or other similar manufactured materials; soil or soil that may contain aggregate substitute or other debris or material, generated from land clearing, excavation, demolition, or redevelopment activities that would otherwise be managed as solid waste, and that may be returned to the economic mainstream in the form of raw materials for further processing or for use as fill material.

Please see the revised Section 4.4.3.4.1, A-901 License, in the Revised Bid Solicitation, dated 07/30/2021.

Are licenses required by bidder or can approved subcontractor hold these licenses?

O&M contractors who hire subcontractors to transport waste are considered brokers under the Amended A-901 statute and are now required to apply for an A-901 license, which means upon approval of the A-901 license the applicant is required under the Amended A-901 statute to obtain a Certificate of Public Convenience and Necessity.

We are one of the existing O&M Vendors {Contractors} for the current contract, and over the term of the contract we have never hauled any solid waste. There are no specifications in the current bid document that would indicate the need to haul solid waste. Please explain the reasoning behind why the Vendor {Contractor} and ALL subcontractors are now being required to possess a Certificate of Public Convenience and Necessity for this O&M contract?

Please see the answers for Questions #4 and #5 above.

Will all subcontractors need a Public Works Certificate? The concern is that the cost of obtaining a Public Works Certificate may exclude smaller qualified subcontractors (i.e., Electricians, plumber, surveyors, etc.) from working on the Blanket P.O. Is it acceptable for the subcontractors to work under the Vendor’s {Contractor’s} Public Works Certificate? Furthermore, the O&M contract has not needed the services of a pump installer, plumber, or surveyor over the term of the current contract.

Yes, all applicable subcontractors providing services governed by New Jersey Prevailing Wage Act must have a valid Public Works Certificate. A subcontractor cannot work under the Vendor’s {Contractor’s} Public Works Certificate.

Should the price be for (1) bottle or for (1) 3-bottle delivery?

The price should be for (1) 3-bottle delivery.

Are the eight (8) technicians (6 N operators and 2 environmental sampling technicians) listed in addition to the seven (7) technicians required under the key personnel 3.10.2.G?

The Vendor must directly employ seven (7) system technicians, as this labor category is classified as key personnel in Section 3.10.2. The Vendor may directly employ or subcontract six (6) N-licensed operators and two (2) sampling technicians, as these labor categories are classified as additional personnel in Section 3.10.2.1. The eight (8) technicians (six (6) N-licensed operators and two (2) environmental sampling technicians) may be required in addition to the required seven (7) system technicians required under Section 3.10.2.G.

However, a key employee can be listed in more than one (1) labor category if they meet the qualifications of both categories and can fulfill the required duties and responsibilities of both labor categories. Similarly, additional personnel with the requisite qualifications can fulfill multiple labor roles; however, additional personnel cannot fulfill key personnel labor roles unless they are direct employees of the Vendor {Contractor}.

Full laboratory data deliverables are an additional cost per sample. The laboratory we use adds a percentage to the cost of the individual sample analyzed to get the full data deliverable cost. Therefore, this full data deliverable cost will vary based on the type/cost of individual sample analyzed. How would we list this additional percentage cost based on the unit price format requested in the Price Schedule?

Full or reduced Laboratory data Deliverables shall be provided depending on the specific analysis requested. Full and reduced data Deliverables shall comply with Appendix A of N.J.A.C. 7:26E. The additional percentage for the full data deliverable for the analyte should be included in the unit price of the analysis that requires the full data deliverable. Please see the Revised Bid Solicitation, dated 07/30/2021, and the Revised Price Schedule, dated 07/30/2021.

Typically, reduced laboratory deliverables are included in the analytical cost of each sample. How would the reduced laboratory data deliverables rate be listed given the format of the unit price schedule? Would the reduced deliverables charge line item be $0?

The analysis should include the cost of the deliverable, whether reduced or full data deliverable, in the unit cost per analytical service as required by Bid Solicitation Section 3.10.5. Please see the Revised Bid Solicitation, dated 07/30/2021, and the Revised Price Schedule, dated 07/30/2021.

Laboratory data deliverables shall include one (1) paper copy. Please specify if the paper copy will need to be bound.

No, the paper copy does not need to be bound.

States that if multiple labor categories are performed in a single workday, the employee will be paid the highest labor category for the entire day. Is the NJDEP then billed the highest labor rate for the entire day by the Vendor {Contractor}?

Yes. The NJDEP would be billed the highest labor rate for the entire day in which an employee performs under multiple labor categories.

For disposal costs, to be included in the line item, please provide a description of materials for disposal and approximate weight.

Materials will be non-hazardous solid or recyclable waste. Generated waste material will vary; therefore, an approximate weight cannot be provided by the State.

Requires the Vendor {Contractor} to list all key personnel. However, it asks for a licensed plumber, licensed electrician, licensed surveyor, and licensed pump installer to be included. These labor categories are listed as additional personnel, not Key personnel. Do they still need to be included in the organization chart?

Yes. A licensed plumber, electrician, surveyor, and pump installer must still be included in the organizational chart. While they may be subcontracted and are listed as additional personnel, those positions must be clearly stated in the organizational chart.

No, Price Lines 127 and 128 no longer need to be completed. Please see the Revised Price Schedule, dated 07/30/2021.

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