T2877 Amendment 1 E.Q.A Response 9.28.22.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

SHEILA Y. OLIVER

Lt. Governor

AMY F. DAVIS

Acting Director https://www.njstart.gov

September 28, 2022

To: All Interested Bidders

Re: Bid Solicitation # 23DPP00807

Bid Solicitation TITLE: T2877- Large Platform Truck, 33, 000 LB. GVWR Heavy Duty Truck Chassis, With Utility Body, Hydraulic Platform and Accessories - REBID Revised Quote Submission Due Date: Wednesday, October 26, 2022 (2:00 p.m. Eastern Time) Quote Submission Due Date: Friday, September 30, 2022 (2:00 p.m. Eastern Time)

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

• This Bid Amendment includes answers to questions;

• Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation entitled “T2877 Revised Bid Solicitation 9.28.22 ”

Please be advised that a second Electronic Questions and Answer period has opened on Wednesday, September 28, 2022 and will close on Friday, October 7, 2022 2:00 PM (EST).

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 #23DPP00807 T2877- Large Platform Truck, 33, 000 LB. GVWR Heavy Duty Truck Chassis, With Utility Body, Hydraulic Platform and Accessories – REBID

# Bid Solicitation Section Reference Bid Solicitation Revision

1 Bid Solicitation Cover Page

Please be advised that a second Electronic Questions and Answer period has opened on Wednesday, September 28, 2022 and will close on Friday, October 7, 2022 2:00 PM (EST)

2 Bid Solicitation Cover Page

Please be advised that the Quote Submission Date has been changed from Friday, September 30, 2022 2:00 PM (EST) to Wednesday, October 26, 2022

2:00 PM (EST).

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

Section Reference Question (Bolded) and Answer

1 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 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 righthand 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.

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 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.

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

A. As stated in Bid Solicitation Sections 1.3.1.1, Exceptions to the NJ Standard Terms and Conditions (SSTC): "Questions regarding the SSTC proposed exceptions to mandatory requirements, including the Special and Standard Terms and Conditions in Sections 5 and 9 of this Bid Solicitation must be posed during this Electronic Questions and Answer period and shall contain the Vendor's {Bidders} suggested changes and the reason(s) for the suggested changes." Additionally, as stated in Section 4.1, General: "Quotes including Vendor {Bidder} proposed terms and conditions that conflict with those contained in the Bid Solicitation, as defined in Section 2.0 of this Bid Solicitation, or that diminish the State's rights under any Blanket P.O. resulting from the Bid Solicitation, may render a Quote non-responsive."

4 Specification Conformance

Q. Is a Bidder required to provide the signed Specification Conformance Certification with the Quote?

A. Yes, Vendors {Bidders} are required to provide, with its Quote, the signed Specification Conformance Certification as indicated in Bid Solicitation Section

3.21. Bid Solicitation Section 3.21 states, “The Bidder shall submit with its Quote the Specification Conformance Form. By submitting this form, the Bidder certifies that all items offered in response to this Bid Solicitation conform to the requirements set forth in the Bid Solicitation.”

Please see the attachment entitled T2877 Specification Conformance Certification.

5 NJ Standard Terms and Conditions

Section 6.1

Q. Will price adjustments be considered during the term of the Blanket P.O.?

A. Yes, price adjustments may be considered following Contract award. Price increases may be requested pursuant to New Jersey State Standard Terms & Condition Section 6.1, which states, “In an exceptional situation the State may consider a price adjustment. Requests for price adjustments must include justification and documentation.”

6 Small Business Enterprise (SBE) and Disabled Veteran-Owned

Business (DVOB) Registration

Q. For the SBE or DVOB preference, what happens if I submit a Quote, but my firms SBE or DVOB status is listed as Expired or Revoked with the Division of Revenue and Enterprise Services, Small Business Registration and MWBE Certification Services Unit on the date the Quote is received and opened? Will my Quote be considered for the SBE or DVOB preference?

A. If your firms SBE or DVOB status is listed as Expired or Revoked by the DORES Small Business Registration and MWBE Certification Services Unit at the date the Quote is received and opened, the Quote submitted by your firm will not be evaluated as a qualifying SBE or DVOB. As stated in Bid Solicitation Section 3.8, “The Bidder must be registered as a qualified small business with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit, by the date the Quote is received and opened.”

Additionally, as stated in Bid Solicitation Section 3.9, “The Bidder must be registered as a qualified Disabled Veterans’ Business with the Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit by the date the Quote is received and opened.”

Furthermore, Bid Solicitation Section 8.9.2 states: “Small Business Disabled Veterans Business Preference: If the Bidder is registered as a Small Business Enterprise (SBE) and/or a Disabled Veteran-Owned Business (DVOB) with the

New Jersey Department of the Treasury Division of Revenue and Enterprise Services as of the Quote opening date, the Bidder will receive pricing consideration of up to fifteen percent 15% above the lowest non-SBE or non- DVOB Quote price offered per Price Line.”

7 SBE and DVOB Registration

Q. For the SBE and DVOB preference, how can I check if my business is registered and approved as an SBE or DVOB with the Division of Revenue and Enterprise Services? Can I apply online?

A. By clicking on the below link, you will be directed to the New Jersey Department of the Treasury, Division of Revenue and Enterprise Services, Small Business Registration and M/WBE Certification Services Unit. To verify the current SBE or DVOB status of your firms account or for instructions to apply online for SBE and/or DVOB certification, please visit:

https://www.nj.gov/treasury/revenue/business-cert-program.shtml.

8 1.5 Intrastate

Cooperative Purchasing

The Bid Solicitation has been revised as follows:

Section 1.5 has been revised as follows:

“The State intends to extend the Contract(s) awarded to the State's Intrastate Cooperative Purchasing Participants. Although the State is making the use of any Contract resulting from this Bid Solicitation available to Intrastate Cooperative Purchasing Participants, the State makes no representation as to the acceptability of the Bid Solicitation’s terms and conditions to any Intrastate Cooperative Purchasing Participants.”

Additionaly, please refer to Section 5.11 of the Bid Solictation.

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

9 3.8 Small Business Set-

Aside Contracts

The Bid Solicitation has been revised as follows:

“This Bid Solicitation includes an evaluation preference for those Bidders who are registered as a Small Business Enterprise (SBE) with the Division of Revenue and Enterprise Services as of the Quote Opening Date.”

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

10 3.9 Disabled Veterans’ Business Set Aside

Contract

The Bid Solicitation has been revised as follows:

“This Bid Solicitation includes an evaluation preference for those Bidders who are registered as a Disabled Veterans’ Business with the Division of Revenue and Enterprise Services as of the Quote Opening Date.”

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

11 3.13 Forms, Registrations and Certifications to be

Submitted with Quote

The Bid Solicitation has been revised as follows:

“A Bidder is required to complete and submit the following forms. As an alternative to uploading certain forms with the submitted Quote, a Bidder may complete the several certifications electronically in NJSTART on the “Terms and Categories” Tab within the Vendor Profile. Those forms that may be completed https://www.nj.gov/treasury/revenue/business-cert-program.shtml on the NJSTART “Terms and Categories” Tab are noted below. Additionally, a Bidder may attach completed forms to the Vendor Profile. Refer to QRGs “Vendor Forms” and “Attaching Files” for additional instructions. VENDOR

QUICK REFERENCE GUIDES”

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

12 3.13.2 Ownership

Disclosure Form

The Bid Solicitation has been revised as follows:

“NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this form online in NJSTART on the “Terms and Categories” Tab.”

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

13 3.13.3 Disclosure of

Investments and Activities in Iran

Form

The Bid Solicitation has been revised as follows:

“NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.”

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

14 3.13.4 Disclosure of

Investigations and Other Actions

Involving Bidder Form

The Bid Solicitation has been revised as follows:

“NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.”

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

15 3.13.5 MacBride Principles

Form

The Bid Solicitation has been revised as follows:

“NOTE: In lieu of completing and submitting the paper-based form, the Bidder has the option to complete this certification online in NJSTART on the “Terms and Categories” Tab.”

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

16 3.13.9 Pay to Play Prohibition

The Bid Solicitation has been revised as follows:

“Prior to awarding any Contract or agreement to any Business Entity, the Business Entity proposed as the intended Contractor of the Contract shall submit the Two-Year Chapter 51/Executive Order 117 Vendor Certification and Disclosure of Political Contributions form, available on the Division’s website Forms page, certifying that no contributions prohibited by either Chapter 51 or Executive Order No. 117 have been made by the Business Entity and reporting all qualifying contributions made by the Business Entity or any person or entity whose contributions are attributable to the Business Entity. Failure to submit the required forms will preclude award of a Contract under this Bid Solicitation.”

17 3.26.1 Delivery Time and

Costs

The Bid Solicitation has been revised as follows:

“When there is a discrepancy between the delivery days listed in the General Tab in the Quote in NJSTART and the State Price Sheet, the State Price Sheet delivery days shall govern.”

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

18 4.4.1 33,000 lb. GVWR

Heavy Duty Truck Chassis

Freightliner’s current Model Year is 2024.

Q. Would the State consider revision the specification?

A. No, the specification will not be revised. Please refer to Bid Solicitation Section 4.4.1 33,000 lb. GVWR Heavy Duty Truck Chassis, which states, in pertinent part:

It is the intent of this specification to describe the base model requirements for a 2022 model year or newer 33,300 GVWR heavy duty truck chassis.

Additionally, Bid Solicitation Section 4.4.1 states:

“Bidders may also offer Equivalent Products that meet the technical requirements of this section of the Bid Solicitation.

Please refer to Bid Solicitation Section 3.19 for submission of Specification Data Sheets.

NOTE: Bidders offering one of the above pre-approved cab chassis must still provide a Specification Conformance Certification for Bid Solicitation Sections 4.4.1.10, 4.4.1.11, and 4.4.1.12.”

19 4.4.1.1 Dimensions &

Capacities

Q. Do the bid specifications allow for the proper weight distribution or rating on the 33,000 GVWR truck?

The State has reviewed the technical requirements and confirmed that specification revisions are not required.

20 4.4.1.1 Dimensions &

Capacities

The CA Dimension needs to be 121 inches clear to fit Knapheide 6133H Utility Body.

Q. Would the State consider revising the specification?

A. The State has reviewed the technical requirements and confirmed that specification revisions are not required.

Please note that Bid Solicitation Section 4.4.1.1 states, “CA: 119 inch minimum”

21 4.4.1.1 Dimensions &

Capacities

PTO Engagement should include a PTO Switch with Parking Brake and Neutral Interlock (Important Safety feature for Aerial Lift operation).

Q. Would the State consider revision the specification?

A. Yes. Bid Solicitation Section 4.4.1.1 has been revised as follows:

“PTO Indicator: PTO engagement shall be dash mounted and shall be clearly and permanently labeled. The PTO engagement shall include a PTO switch with parking break and neutral interlock.”

4.4.1.2 Engine

Q. The spec calls for horizontal exhaust left side. Are right side horizontal or under body vertical exhaust acceptable?

A. The State will accept a right side horizontal exhaust. The State will not accept an underbody vertical exhaust.

Please refer to Bid Solicitation Section 4.4.1.2, which states in pertinent part:

"Exhaust: The Unit shall have a horizontal muffler on the driver side or passenger side of the vehicle. Note: An underbody vertical exhaust will not be accepted."

23 4.4.1.6 Electrical System

Over-crank Protection is not available on Starter with Cummins Engine in Freightliner Trucks

A. Yes. Bid Solicitation Section 4.4.1.6 has been revised as follows:

“Starter: The Unit’s starter shall be 12 volts.”

24 4.4.1.7 Axles

Q. Both front and rear stabilizer bars should be required in specifications as they are important in high body aerial lift application.

A. Yes. Bid Solicitation Section 4.4.1.7 has been revised as follows:

“Stabilizing Bar/ Auxiliary Springs: Front and rear stabilizing bar or auxiliary springs shall be provided.”

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

25 4.4.1.8 Brakes

Air brake moisture ejector is not available on Air Dryer, however is included on Wet Air Tank.

A. Yes. Bid Solicitation Section 4.4.1.8 has been revised as follows:

“Air Dryer: Air dryer shall be provided. Air brake moisture ejector shall be included on Wet Air Tank. Dryer shall have heater. Heater for after cooler shall be wired separate fuse.”

26 4.4.1.10 Chassis Equipment

Wheel wells are corrosion resistant fiberglass not corrosion resistant metallic

Q. Would the State consider revising the specification?

A. Yes. Bid Solicitation Section 4.4.1.10 has been revised as follows:

“Wheel Wells: Corrosion resistant wheel wells shall be provided.”

9.28.22”

27 4.4.5 Hydraulic Platform

Lift

Q. We would like to submit an equivalent product to what is specified. Will it be considered?

A. Yes, all products will be considered.

Please refer to the following Bid Solicitation Sections:

Bid Solicitation Section 1.1 (Purpose and Intent), Section 3.26 (State Price Sheet Instructions) and Section 4.5 (Hydraulic Platform Lift), all state in pertinent part:

"Bidders may offer any Equivalent Products that meet the technical requirements of the Bid Solicitation. Please refer to Bid Solicitation Section 3.19 for submission of Specification Data Sheets."

Bid Solicitation Sections 3.19, states in pertinent part:

"Bidders should submit with its Quote specification data sheets for all Equivalent Products bid. The specification data sheets must document that its product bid meets or exceeds the requirements of the Bid Solicitation specifications."

28 4.12.5 Manufacturers Cut-

Off Date

Q. Considering the unprecedented price increases and surcharges over the past 12-18 months, will section 4.12.5 be changed to allow for increases more than with the model year change?

Also, the language in 4.12.5 indicates increases can be requested at the time of model change, but not guaranteed, and that could be prohibitive with the price increases of the past year or so. Thank you!

A. Bid Solicitation Section 4.12.5 will not be revised. As stated in pertinent part, "Vendor requests for price increases at time of rollover will be considered in accordance with State of NJ Standard Terms and Conditions (SSTC) Section 6.1." Contractors may request price increases throughout the term of the

Contract and any extensions thereof. The State does not guarantee the approval of the Contractor's requested increase.

Additionally, please refer to the response to Question 5.

29 4.14 Contract Specific

Definitions

The Bid Solicitation has been revised as follows:

“Equivalent Products – Products offered other than those identified as an Approved Product in this Bid Solicitation that meet the specifications herein.

Equivalent Products will be evaluated to ensure that they meet all technical, nutritional, and packaging specifications herein as part of the Quote evaluation process.”

30 Price Increases Q. With the volatility of the market today will there be allowed a yearly price increase during the contract if required?

A. Please see response to Question 5 and Question 28.

31 5.6 Delivery Time and

Costs

The Bid Solicitation has been revised as follows:

“Unless otherwise noted in this Bid Solicitation or on the State-Supplied Price Sheet”

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

32 5.7 Authorized Delaers and/or Distributors

The Bid Solicitation has been revised as follows:

“Disclosure of Prohibited Actives in Russia/Belarus Form”

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

33 5.11 Contract Activity

Report

The Bid Solicitation has been revised as follows:

“REPORTING AND SUPPLIER CONVENIENCE FEE

A. Quarterly Sales Reporting - The Contractor shall submit a Sales Report documenting all sales made under the Contract. The Sales Report shall be submitted directly to Periscope using the NJSTART system no later than thirty (30) calendar days after the end of each calendar quarter.

The calendar quarters will end March 31, June 30, September 30, and December 31. The Sales Report must contain the following information:

• Complete and accurate details of all sales, credits, returns, refunds, and the like for the reporting quarter;

• Purchasing entity;

• Total of Supplier Convenience Fee amount due for the reporting quarter;

• Such other information as the State may reasonably request; and

• If no sales were made to the State during the reporting quarter, then a report shall be submitted showing zero sales and zero Supplier Convenience Fee due.

Quarterly Sales Reporting and remittance of the Supplier Convenience Fee shall begin on the first calendar quarter starting after the effective date of the Contract.

https://www.state.nj.us/treasury/administration/pdf/DisclosureofProhibitedActivitesinRussiaBelarus.pdf

B. Supplier Convenience Fee - For all purchases made under the Contract, the Contractor shall remit the Supplier Convenience Fee in the amount of one percent (1%) of all Purchases to Periscope Holdings, Inc.

(Periscope).

C. Remittance of the Supplier Convenience Fee - On a quarterly basis, the Contractor shall remit the Supplier Convenience Fee directly to Periscope no later than thirty (30) days after the end of each calendar quarter. The calendar quarters will end March 31, June 30, September 30, and December 31. Failure to remit the Supplier Convenience Fee timely and accurately may result in Contractor’s goods and/or services being made ineligible for purchase through the NJSTART Marketplace.

D. Retention and Inspection of Records and Audit - The Contractor shall keep records of all sales made to Using Agencies and Intrastate Cooperative Purchasing Participants in sufficient detail to enable the State to determine the Supplier Convenience Fee payable by the Contractor. The State and/or Periscope may examine and audit, at its own expense, Contractor’s sales records and Sales Reports for completeness and accuracy. If such examination reveals underpayment of the Supplier Convenience Fee, the Contractor shall immediately pay to Periscope the amount of deficiency. If the examination reveals an underpayment of 5% or more, then the Contractor shall reimburse the State and/or Periscope for the cost of the audit.

Catalog Enablement - The Contractor shall cooperate with the State and/or Periscope as requested to upload catalog items and pricing consistent with the awarded Contract to the NJSTART Marketplace module within thirty days (30) of the Contract award.”

Please see revisions to Bid Solicitation titled “T2877 Revised Bid Solicitation 9.28.22”

34 9.2 Definitions

The Bid Solicitation has been revised as follows:

“Purchases - means the total gross purchases, less credits, taxes, regulatory fees and separately stated shipping charges not included in unit prices, made regardless of whether or not NJSTART is used as part of the purchase process.”

“State Price Sheet or State-Supplied Price Sheet”