T2976 Bid Amendment 1 09.03.21~1.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

September 3, 2021

To: All Interested Vendors {Bidders}

Re: Bid Solicitation # 21DPP00642 T2976 Disadvantaged Business Enterprise Supportive Services Consultant

Bid Amendment #1

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

· This Bid Amendment includes answers to questions submitted during the electronic Question and Answer period; and

· Please note that for all additions, deletions, clarifications and modifications to the Bid Solicitation, please refer to the Revised Bid Solicitation entitled “T2976 Revised Bid Solicitation 09.03.21”.

· Please note that T2976 Revised Bid Solicitation 09.03.21 includes additions and/or revisions to the following Bid Solicitation Sections:

· Section 1.2.4 Study on Barriers to Utilization of DBEs by Prime Contractors (previously Section 1.2.4 New Jersey Unified Certification Program (NJUCP)

· Section 1.2.5 NJDOT’s Current DBE SSP

· Section 3.5.1 Development

· Section 3.8.2.7 One-On-One Technical Assistance Sessions

· Section 7.1.3 Affirmative Action

· 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, 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 #21DPP00642 T2976 Disadvantaged Business Enterprise Supportive Services Consultant

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 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.

As stated in Bid Solicitation Section 1.3.1.1, Exceptions to the State of NJ Standard Terms and Conditions (SSTC): "Questions regarding the SSTC and 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 and conditions may be accepted, but 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."

In light of the dangers posed by the COVID-19 virus outbreak and the declaration by the World Health Organization of a global pandemic and Governor Murphy Executive Orders (https://www.state.nj.us/infobank/eo/056murphy/approved/eo_archive.html) which declared both a Public Health Emergency and State of Emergency please be advised that all Quotes shall be submitted electronically through NJSTART.

Vendors {Bidders} may refer to the “Vendor Registration” and “Submit a Quote” Quick Reference Guides for instructions on how to enroll in NJSTART and how to submit an electronic Quote through NJSTART. The Quick Reference Guide entitled “Submit a Quote” is available here: https://www.state.nj.us/treasury/purchase/njstart/pdf/Create-a-Quote.pdf.

Additionally, to ensure that you have properly submitted the required documents you may also review the Quick Reference Guide entitled “How to Review a Submitted Quote” which is available here: https://www.state.nj.us/treasury/purchase/njstart/pdf/HowtoReviewaSubmittedQuote.pdf. Answers to Frequently asked Questions and all Quick Reference Guides are located on the NJSTART Vendor Support Page. If further assistance is needed, please email NJSTART Vendor Administration Team at: njstart@treas.nj.gov.

Yes. The effective date of the new Blanket P.O. awarded as a result of this Bid Solicitation will not begin until the current one has expired. A Notice of Intent to award will be issued after the evaluation is completed.

The services requested are for a qualified consultant to fully develop and implement a Supportive Services Program (SSP) for the New Jersey Department of Transportation (NJDOT). Please refer to T2976 Revised Bid Solicitation Section 3.0 Scope of Work for detailed Vendor {Contractor} requirements.

A list of all firms registered in the NJUCP can be found at https://njucp.dbesystem.com/

A list of Prime Contractors currently awarded NJDOT contracts can be found at: https://www.state.nj.us/transportation/business/procurement/ConstrServ/awards22.shtm

Yes. The NJDOT is planning to conduct a follow-up study on barriers to utilization of DBEs by Prime Contractors in the near future. A timeframe on this follow-up study has not yet been established.

Please refer to T2976 Revised Bid Solicitation Section 1.2.5 NJDOT’s Current DBE SSP for updated training cohort statistics. The NJDOT has graduated four (4) training cohorts and will graduate the fifth class prior to the end of the current Blanket P.O. in March 2022. The Vendor {Contractor} awarded a Blanket P.O. as a result of this Bid Solicitation is required to meet this current pace of training.

Yes. A DBE firm that has bid as a subcontractor to a Prime Contractor for a NJDOT contract qualifies the DBE firm for inclusion in the DBE SSP.

This question cannot be answered as posed.

B. Is there a specific contract value threshold?

This information is kept confidential until the Notice of Intent to Award letter is issued.

The NJDOT does not have specific required hours/days that it requires the Vendor {Contractor} to operate.

B. Preferences on location, accessibility, etc.?

Pursuant to T2976 Revised Bid Solicitation Section 3.3 Contract Site Logistics, the address where the Vendor {Contractor} manages the Blanket P.O. must be located in New Jersey. The SCM will either approve the Vendor’s {Contractor’s} location(s) or provide (a) comparable State location(s) that can be utilized.

Due to the COVID-19 pandemic, the NJDOT will allow the Vendor {Contractor} to conduct hybrid DBE SSP activities that take place virtually and/or at the approved physical location(s).

No. These locations do not need to be co-located.

Yes. The 30 business days includes the SCM review and approval process.

B. Or does it have to be submitted to the SCM within 30 business days and the review and approval process occurs outside of this timeframe, which seems to be the case given the language of 3.7.

Please see the response to part A above.

Yes. The three (3) rounds of edits are included in the 20 business days.

B. If so, are there prescribed turnaround times for edits for the SCM and vendor?

Yes. Please see T2976 Revised Bid Solicitation Section 3.5.1 Development has been revised. The Vendor {Contractor} shall ensure the Final Supportive Services Methodology Plan (FSSMP) is returned to the SCM within five (5) business days of each round of edits.

This is not a question and cannot be answered as posed.

Yes. The Vendor {Contractor} shall disseminate information about the DBE SSP and publish outreach materials showing the potential benefits of the DBE SSP in order to generate interest among DBEs.

B. Will that be handled by someone other than the Bidder?

No. This is a Vendor {Contractor} requirement. Please see the response to part A above.

Yes. The Vendor {Contractor} must receive approval within the 20 business day period.

The Vendor {Contractor} is responsible for making these priority determinations.

B. Is there currently a priority determination process in place?

The Vendor {Contractor} shall enroll approved DBE firms into the BDP according to the following priority:

1. DBE firms in the construction industry; and

2. DBE firms in the professional services industry.

C. If so, does DOT anticipate that it will be modified in any way?

No. Priority shall be given to DBE firms according to Bid Solicitation Section 3.7.3.2 BDP Criteria. The DOT does not anticipate that this will be modified in any way.

This Bid Solicitation is issued specifically on behalf of the NJDOT to meet federal requirements for the NJDOT to establish a program that offers supportive services to DBE firms pursuant to Code of Federal Regulations Section 49: Transportation, Subpart 26: Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs (49 CFR Part 26) which seeks to achieve the following:

I. To ensure nondiscrimination in the award and administration of DOT-assisted contracts in the Department's highway, transit, and airport financial assistance programs;

II. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;

III. To ensure that the Department's DBE program is narrowly tailored in accordance with applicable law;

IV. To ensure that only firms that fully meet this part's eligibility standards are permitted to participate as DBEs;

V. To help remove barriers to the participation of DBEs in DOT-assisted contracts;

VI. To promote the use of DBEs in all types of federally-assisted contracts and procurement activities conducted by recipients.

VII. To assist the development of firms that can compete successfully in the marketplace outside the DBE program; and VIII. To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs.

B. Is there preference for NJ vendors over others?

No. There is not a preference for DBE firms from New Jersey over DBE firms from other states.

A minimum of 20 DBE firms must participate in the DBE SSP annually. A total of 20 DBE firms must be enrolled into each Training Session at a time with a minimum of ten (10) of those 20 DBE firms belonging to the BDP. The remaining ten (10) DBE firms enrolled into each Training Session that do not belong to the BDP do not have to be the same ten (10) DBE firms in each Training Session, so there is a possibility that more than 20 DBE firms in total can participate in the DBE SSP.

Pursuant to Bid Solicitation Section 3.7, the Vendor {Contractor} shall assess and identify a draft schedule outlining the course topics for each Training Session within 20 business days of Supportive Services Outreach Program (SSOP) approval.

B. What is the development due date and the training delivery start date?

Please see the response to part A above for the Training Session curriculum due date. Pursuant to Bid Solicitation Section 3.8 DBE SSP, the Vendor {Contractor} shall have the first round of DBE firms enrolled into Training Sessions within 95 business days of Blanket P.O. award.

No. The NJDOT does not have specific language for Participation Agreements. It is the responsibility of the Vendor {Contractor} to create the language for Participation Agreements which will then be submitted to the SCM for review and approval. The Vendor {Contractor} is required to detail the roles, responsibilities, expectations, and commitments of the participating DBE firm in each Participation Agreement.

Yes. The NJDOT is willing to provide subject matter experts on specific topics at no cost to the program; however, the Vendor {Contractor} is required to directly provide instruction to DBE firms during all one-on-one technical assistance sessions.

Please see the response to question 26 above.

A. Is it a requirement that the 4-hour meeting must be held at one time (all 4 hours together)?

No. Please see T2976 Revised Bid Solicitation Section 3.8.2.7. It is not required for the Vendor {Contractor} to hold a one-on-one technical assistance session for an entire four (4) hours at one (1) time. One-on-one technical assistance sessions may be broken up into different sessions, days, and/or times covering a minimum of three (3) different topics.

B. Or can the 4 hours be broken up into different sessions, days and times?

Please see the response to part A above.

Are other documents or options possible to qualify a firm if CPA financials or tax returns are not available?

In the event that the financial information referenced in Bid Solicitation Section 4.4.4.6 Financial Capability of the Vendor {Bidder} is not available, the Vendor’s {Bidder’s} most recent tax return (all pages) will be acceptable for review. These forms include, but may not be limited to;

I. Form 1120 – US Corporation Income Tax Return;

II. Form 1120S – US Income Tax Return for an S Corporation;

III. Form 1065 – US Return of Partnership Income;

IV. Form 1040 Schedule C – Profit or Loss From Business (Sole Proprietorship); and V. State-specific Corporation Tax Return Documents.

A Vendor’s {Bidder’s} financial capability may also be able to be proven through providing evidence of financing and equity, in the form of executed financial commitments and/or statements of the availability of dedicated funds (e.g. cash, assets, available lines of credit), certified by the CEO/CFO.

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