T2909 AMENDMENT 01 Bid Opening change date and Responses to Questions 7.8.22.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

07/08/2022

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 22DPP00732 T2909 Dairy Cow Feed for the Department of Corrections (DOC) – Agri Industries

Bid Amendment #01

The following constitutes Bid Amendment #01 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 “T2909 Revised Bid Solicitation 7.8.22”.

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 #22DPP00732 T-2909 Dairy Cow Feed for the Department of Corrections (DOC) – Agri Industries

Answers to Questions

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

Section Reference Question (Bolded) and Answer

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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 Quote a Vendor {Bidder} should log onto 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.

Will the State allow Vendors to take exception to any of the Standard Terms and Conditions?

As stated in Bid Solicitation Section 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 Question and Answer period and shall contain the Vendor’s {Bidder’s} suggested changes and the reason(s) for the suggested changes.” Additionally, as stated in Section 4.1, General: “Quotes including Vendor {Bidder} proposed terms or 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.”

Section 6.l1

PRICE FLUCTUATION DURING CONTRACT

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

Price adjustments may be considered following Blanket P.O. award. Price increases may be requested pursuant to New Jersey State Standard Terms & Conditions, 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.”

SPECIFICATION

CNFORMANCE CERTIFICATION

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

Yes; Vendors {Bidders} are required to provide, with its Quote, the signed Specification Conformance Certification as indicated in Bid Solicitation Section 4.4.3.3.

Bid Solicitation Section 4.4.3.3 states: “A Vendor {Bidder} shall submit with its Quote a Vendor’s {Bidder’s} certification I the form of the attachment titled “Specification Conformance Certification” confirming that all items offered in response to this Bid Solicitation conform to the requirements set forth in Section 3.0 of this Bid Solicitation. Please see the attachment entitled “Specification Conformance Certification.”

CONTRACT METHOD OF OPERATION

New Jersey Standard Terms and Conditions Section 6.1

PRICE FLUCTUATION DURING CONTRACT

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

Are we locked in to the price we quote for all three (3) price lines for the term of the contract?

No. As per Bid Solicitation Section 4.4 which states, in pertinent part: “Contract pricing shall remain firm for the first sixty (60) days of the Contract term for all awarded price line items. Following the initial sixty (60) day period, the Using Agency shall request one-time pricing per order for any price line items awarded, on an “as needed” basis from all Contractors awarded that price line. Request for Quotes (RFQs) issued by the Using Agency will be in writing and will include the price line items being requested, the order amount for each requested price line item, required delivery date(s), the RFQ submission due date and time, and any other pertinent information. If the Contractor does not respond to the RFQ by the due date and time, the Contractor shall not be considered for that specific pricing request.

Any price adjustments during the initial sixty (60) days of the Contract term may result in the re-ranking of Contractors.”

Additionally, Section 6.1 of the State of New Jersey Standard Terms and Conditions states “Price adjustments may be considered following Blanket P.O. award. Price increases may be requested pursuant to New Jersey State Standard Terms & Conditions, 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.”

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