T2761 24DPP00965 Bid Amendment 2 3.15.24.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

March 15, 2024

To: All Interested Bidders

Re: Bid Solicitation # 24DPP00965 Bid Solicitation T2761 Non-OEM Automotive Parts and Accessories for Light Duty Vehicles (Class 4 or Lower, 15,000 lb. GVWR or Less)

Quote Opening Date: March 19, 2024 (2:00 p.m. Eastern Time) REVISED Quote Opening Date: April 17, 2024 (2:00 p.m. Eastern Time)

Bid Amendment #2

The following constitutes Bid Amendment #2 to the above referenced Bid Solicitation:

· Answers to questions from the Electronic Question and Answer Period that concluded on February 16, 2024;

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

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation titled “T2761 Revised Bid Solicitation 3.15.2024”.

· Revisions to the State-Supplied Price Sheet (from Part 2 of the Bid Amendment).

· Please note that for all additions, deletions, clarifications and modifications to the State-Supplied Price Sheet, please refer to the Revised State-Supplied Price Sheet titled “T2761 Revised State-Supplied Price Sheet 3.15.2024”.

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 #24DPP00965 T2761 Non-OEM Automotive Parts and Accessories for Light Duty Vehicles (Class 4 or Lower, 15,000 lb. GVWR or Less)

Part 1 - Answers to Questions

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

Section Reference Question (Bolded) and Answer

Answer: 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.

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: Please be advised that all Quotes shall be submitted electronically through NJSTART.

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.

Answer: Yes. Bidders should provide with its Quote, Certification that the Bidder is authorized to supply the brand bid, as indicated in Bid Solicitation Section 3.22.

Bid Solicitation Section 3.22 states: “If a Bidder does not provide the required certification, the State reserves the right to request such information from the Bidder. The Bidder must respond to such request by providing all requested information within forty-eight (48) hours. Failure to provide the requested information shall result in the Bidder's Quote being deemed non- responsive for the brand bid.”

Answer: Yes. As stated in Bid Solicitation Section 3.24.1 Manufacturer's Price List and/or Catalog: "A Bidder should submit the manufacturer's latest preprinted price list or catalog, as of the Quote opening date, for each brand price line item (including any equivalent brand) bid, along with any available catalog." Bid Solicitation Section 3.24.1 further states: “If a Bidder does not provide the manufacturer's price list for the brand(s) bid, the State reserves the right to request such information from the Bidder. The Bidder must respond to such request by providing all requested information within two (2) Business Days. If the information requested is not received within two (2) Business Days, the Quote shall be rejected.”

Answer: No. A Vendor will not be receiving a hard copy mailing of this Bid Solicitation and related documents through USPS, FedEx or UPS. The State no longer mails Bid Solicitations to Vendors. All documents pertinent to this procurement are published in NJSTART (www.njstart.gov).

In this instance, and for any other questions relating strictly to accessing the Bid Solicitation in NJSTART and/or the submission of a Quote in NJSTART, please reach out to the NJSTART Vendor Support Team at the following:

NJSTART Vendor email support: njstart@treas.nj.gov NJSTART Vendor phone support: 609-341-3500

If no one is available to take your call and you would like to receive a callback, please email us at njstart@treas.nj.gov and provide a contact name and phone number in your email. A representative from the NJSTART Vendor Administration Team will contact you as soon as possible.

Important Note: Please be sure to advise the NJSTART Team that the inquiry is time-sensitive because it is based on the submission of a Quote that is scheduled to open on April 17, 2024.

Answer: Five (5) independent companies are required to submit 5 independent Quotes each with separate and complete forms and Bidding information as outlined in Bid Solicitation Section 3 – Quote Submission Requirements.

Bid Solicitation Section 3.7 states: “If a Joint Venture is submitting a Quote, the agreement between the parties relating to such Joint Venture should be submitted with the Joint Venture’s Quote. Authorized signatories from each party comprising the Joint Venture must sign the Offer and Acceptance Page. Each party to the Joint Venture must individually complete and comply with all the forms and certification requirements in Bid Solicitation Section 3 – Quote Submission Requirements.”

Answer: The Bid Solicitation and State-Supplied Price Sheet has been revised to replace the Hastings brand with Baldwin brand for Categories 8 and 12.

Please see the revised Bid Solicitation titled “T2761 Revised Bid Solicitation 3.15.2024” and the revised State-Supplied Price Sheet titled “T2761 Revised State-Supplied Price Sheet 3.15.24”.

Answer: The New Jersey Standard Terms and Conditions (Attachment 1), Standard Procurement Forms Packet (Attachment 2), and Bidder Data Sheet/Form (Attachment 3) are separate attachments that can be opened/downloaded in the Bid Solicitation’s Attachments tab in NJSTART.

Bid Solicitation Section 1 states, in pertinent part: “Bidders are strongly encouraged to visit the NJSTART Vendor Support Page, which contains Quick Reference Guides (QRGs), supporting videos, a glossary of NJSTART terms, and helpdesk contact information. Bidders should utilize the QRGs before attempting to submit a Quote through NJSTART. It is the Bidder’s responsibility to ensure that the Quote and attachments have been properly submitted. Inquiries concerning the use of NJSTART may be directed to njstart@treas.nj.gov. The Division will not respond to substantive questions related to the Bid Solicitation or any other Contract via this email address.”

Important Note: Please be sure to advise the NJSTART Team that the inquiry is time-sensitive because it is based on the submission of a Quote that is scheduled to open on April 17, 2024.

Question: For 'Category 11, REBUILT/REMANUFACTURED PARTS', is there an appetite for having transmissions that may not be available for purchase rebuilt? If so, what would the process be to submit that bid?

Answer: No. This procurement is solely for the purchase of any rebuilt transmissions or remanufactured parts. There are no automotive rebuild/repair services associated with this procurement.

Question: How do we get different manufacturers added to the list that are not named?

Answer: Bidders may bid different manufacturers/brands for each Category through the Equivalent Brand price line located at the end of each category in the Bid Solicitation Tables and on the State-Supplied Price Sheet.

Bidders must follow the instructions listed in Bid Solicitation Section 3.36 as it relates to Equivalent Brands, as well as all other Bid Solicitation requirements.

Bid Solicitation Section 3.36 in pertinent states “Bidders may submit Quotes for equivalent brands that equally fulfill the requirements of the specific category for which the brand is being offered and not already listed on the State-Supplied Price Sheet. Equivalents to the listed brands may be offered but must be entered onto the corresponding equivalent brand price line. If a Bidder is bidding an equivalent brand price line and is not the manufacturer of the equivalent brand, three (3) responsive Quotes must be received for the equivalent brand bid in order for the equivalent brand to be considered for an award. If three (3) responsive Quotes are received for the equivalent brand, the State will make up to three (3) Contract awards, one primary, one secondary and one tertiary, per region for each price line listed in Categories one (1) through fourteen (14). The State will waive the three (3) responsive Quote criteria only if the Bidder can supply a letter from the manufacturer which states that the Bidder is the sole source distributor of the brand.

Bidders can offer any number of equivalent brands per category, provided that the brand(s) meet the scope of the category. A Bidder should copy the State-Supplied Price Sheet and complete it for each Equivalent Brand being offered.

Equivalent brand price lines can be found at the end of each category of the State-Supplied Price Sheet.”

Answer: Bidders may send the CD or thumb drive through a delivery service (USPS, FedEx, UPS, etc.) to the following address:

State of New Jersey Department of the Treasury Division of Purchase and Property 33 West State Street, 9th Floor Trenton, New Jersey 086250230 Attention: Proposal Review Unit – T2761 Bid Solicitation #24DPP00965

The package must be clearly labeled so that the Division’s Proposal Review Unit can clearly identify that the items within the package are price lists pertaining to T2761 and Bid Solicitation #24DPP00965.

Please note that only CDs and thumb drives pertaining to manufacturer’s price lists for T2761 will be accepted through this delivery method. Bidders must not submit Quotes in this manner. Please refer to Bid Solicitation Sections 1 and 3 for Quote Submission instructions through NJSTART.

Bid Solicitation Section 3.24.1 has been updated to reflect this information. Please see the revised Bid Solicitation titled “T2761 Revised Bid Solicitation 3.15.2024”

Question: If a bidder does not have a full printed price list of all products, are we able to supply instructions for usage of our online catalog in place?

Answer: No. Instead, Bidders can provide additional pages to supplement the manufacturer’s price list with item numbers, parts descriptions and prices on company letterhead. Please refer to Bid Solicitation Section 3.24.4.

Bid Solicitation Section 3.24.4 states: “If a manufacturer's price list is not published, then the manufacturer's prices listed on its letterhead, dated and with authorized signature are acceptable. The letter should include the Bid Solicitation number and price line number.”

Question: Can the JASPER brand be listed as a supplier line item under differentials on the price list?

Answer: No. For Category 6 – Driveline (which contains differentials/parts), the Bidder must bid the Jasper brand using the Equivalent Brands price line (Price Line 96). For Category 11, Rebuilt/Remanufactured Parts, the Jasper brand is already listed as a separate price line under Price Line 153.

The Bid Solicitation and State-Supplied Price Sheet also contains price lines specifically for the Jasper brand, as follows:

Category 8 – Engines – Price Line 130 Category 12 – Transmissions – Price Line 164

Question: Solicitation, Section 3.24.1 (page 17), This section requires firm, fixed pricing associated with the products, and Section 3.36 of the Solicitation also requires firm fixed Quote pricing, and requires that each Bidder is required to hold its prices firm through issuance of the Contract.

Answer: Bid Solicitation Section 3.24.1: This section requires firm, fixed pricing in US dollars for the products contained in the manufacturer’s price list and/or catalog.

Bid Solicitation Section 3.36: Bidders are required to hold its pricing firm through issuance of Contract. Meaning that, from the time that the Quote is opened and is under evaluation all the way through to Contract award, Bidders are not permitted to make any changes to the prices that were submitted in its Quote, unless instructed to do so during the Best and Final Offer (BAFO) process (Bid Solicitation Section 8.12). In the case of the BAFO process, Bidders shall only be able to offer more favorable/advantageous percentage discounts or markups when compared to what was originally bid.

Section 6.1 of the State of New Jersey Standard Terms and Conditions similarly provides that 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. That Section 6.1 also states that decreases will be provided to the State, but is silent on increases.

Answer: Section 6.1 of the State of New Jersey Standard Terms and Conditions (SSTC) states, in pertinent part: “In an exceptional situation the State may consider a price adjustment. Requests for price adjustments must include justification and documentation.” The Bidder’s request for a price adjustment, as identified in SSTC Section 6.1, may be in the form of a requested price increase to the percentage discount or markup offered, provided that the Contractor provides the Division with proper justification to support the price increase(s) requested. Any price increase must be approved by the Division, published in a Contract Amendment and published under the Contract in NJSTART.

Bid Solicitation Section 3.36, Step 3 on page 20 of the Solicitation requires bidders to provide a firm, fixed percentage discount or markup. For purposes of clarity, is the State’s position that the firm, fixed component of pricing is the percentage discount or markup quoted in the response, such that the pricing profile shall remain firm, but prices may increase or decrease based on manufacturer/supplier pricing?

Answer: For Quote evaluation purposes, the firm, fixed percentage discount or markup bid, applied to the firm, fixed pricing contained within the manufacturer’s price list and/or catalog, will be the basis for the Quote evaluation and ranking. Please refer to Bid Solicitation Section 8.9.2.

Upon Contract award, the Contractor is expected to hold its contracted percentage discount or markup firm through the Contract term and any extension(s) thereof. In exceptional circumstances, the State may consider a Contractor’s price adjustment in accordance with SSTC Section 6.1 (above).

It is understood that the pricing contained within the manufacturer’s price list and/or catalog will change. The State is not expecting the pricing within the manufacturer’s price list and/or catalog to remain firm. Please refer to Bid Solicitation Sections 3.24.1 and 4.11 (Price List Updates).

Bid Solicitation Section 3.24.1 states, in pertinent part (emphasis added in bold): “These price lists will be utilized for Quote evaluation purposes only. Due to the dynamic nature of parts pricing, upon Contract award, the State will not publish these price lists under the Contract in NJSTART. Rather, Contractors must provide evidence of parts pricing, by submitting the brand’s price list, upon the Using Agencies request. Please refer to Bid Solicitation Section 4.10 (Contract Implementation/Brand Selection - Ordering Process).”

Bid Solicitation Section 4.11 states, in pertinent part (emphasis added in bold): “Due to the dynamic nature of parts pricing, upon Contract award, the State will not publish price lists under the Contracts in NJSTART. Rather, Contractors must provide evidence of parts pricing, by submitting the brand’s price list, upon the Using Agencies request.”

Question: State of New Jersey Standard Terms and Conditions, Sections 3.8, 3.9, 7.3, The State has itemized fourteen categories of non-OEM automotive parts and accessories for light duty vehicles. Not all of the products covered by these categories and manufacturers/suppliers referenced in Section 1.1 of the Solicitation will provide products which are compliant with the Buy American Act required by Section 3.8 of the State of New Jersey Standard Terms and Conditions, the domestic materials requirements in Section 3.9 of the State of New Jersey Standard Terms and Conditions, and/or the Solid Waste Disposal Act required by Section 7.3 of the State of New Jersey Standard Terms and Conditions. Is it the intention of the State that responsive bidders should provide the products listed in the solicitation, even where not compliant with these listed requirements?

Answer: Section 3.8 of the State of New Jersey Standard Terms and Conditions states in pertinent “they shall be manufactured or produced in the United States, whenever available”

Section 3.9 references the use of domestic materials in public work. This Contract does not deal with public work.

Section 7.3 of the State of New Jersey Standard Terms and Conditions states in pertinent “Where applicable in the performance of contract, pursuant to 2 CFR 200.323 the contractor must comply with section 6002 of the Solid Waste Disposal Act.

Part 2 - Additional Revisions to the Bid Solicitation Note: These Bid Solicitation revisions are in addition to the revisions referenced in the Questions and Answers (Part 1) above

For all revisions herein to the Bid Solicitation and State-Supplied Price Sheet: Please see the revised Bid Solicitation titled “T2761 Revised Bid Solicitation 3.15.2024” and the revised State-Supplied Price Sheet titled “T2761 Revised State-Supplied Price Sheet 3.15.24”.

Section Reference Revision

The date of the New Jersey Standard Terms and Conditions has changed from 6/21/2023 to 2/8/2024. The revised version of the State of New Jersey Standard Terms and Conditions dated 2/8/2024 has been published under the Attachments tab of the Bid Solicitation in NJSTART. This replaces the previous version of the State of New Jersey Standard Terms and Conditions dated 6/21/2023.

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